I. Definitions
The definitions used herein have the following meaning:
- 1. Terms of Service – the Terms of Service of electronic services within the Website.
- 2. Website – the website available at https://benlightenltd.com/
- 3. User – a person, legal entity or organizational unit without legal personality to which the provisions of law attribute a legal capacity. The Registered User, the Presenter or the Participant may be the User.
- 4. Registered User – the User who registered a personal account on the Website. The Registered User may be only a person who conducts business activity and registers and uses the Website within and for purpose of its professional or business activity.
- 5. Account – part of the Website separated for a given Registered User. One User may have only one Account, unless the Website Owner agrees to another. Depending on the type of Website Use Agreement concluded with the Website Owner, the Account of a given type may allow the use of functionalities specified by the Website Owner. Depending on the type of Website Use Agreement concluded with the Website Owner, the registration of a given Account may be for a fee or free of charge.
- 6. Account Assistant a natural person indicated by the Register User to assist in managing the Account and having limited access to some functionalities of the Account.
- 7. Presenter – a natural person invited by the Registered User to conduct a meeting in the Room.
- 8. Participant – a natural person invited by the Registered User to participate in a meeting in the Room.
- 9. Guest – the Participant or the Presenter.
- 10. Material of User – verbal, graphical, text, audio or video content that the User may post via the Website or on the Website. The Material of User cannot include the images of natural persons unless they are available only to Guests.
- 11. Website Owner – BENLIGHTEN LTD, accessible at 71-75 SHELTON STREET, COVENT GARDEN, LONDON, UNITED KINGDOM WC2H 9JQ.
- 12. Consumer – a person who uses the Website for purposes not directly related to their business or professional activities.
- 13. Room – the functionality of the Website which allows the Users to conduct audio and video communication and to transmit text messages.
- 14. Private Room – the Room the access to which is granted to Users invited by the User who created the Private Room.
- 15. Fee for Website Service – the fee allowing the Registered Users to have an access to services and certain functionalities for a pre-defined period. The amount of the Fee is based on current Price List and can be subject to change; such a change does not amend the Terms of Service.
- 16. Reference Period – 60 calendar days.
- 17. Price lists – current service pricing is listed on the website. The listed prices are net prices.
- 18. Affiliate – a commercial partner of the Website Owner providing services in the area of acquiring new clients for services provided by the Website Owner via an affiliate link placed on his / her website / websites based on a separately concluded affiliation agreement.
II. General Provisions
- 1. These Terms of Service define the rules for use of the Website.
- 2. The Website is maintained by the Website Owner.
- 3. The main aim of the Website is to enable the Users to conduct mutual audio, video or text communication within the Rooms.
- 4. These Terms of Service specify in particular:
- a. rules for registration and use of the Account within the framework of the Website,
- b. rules for use of the Website, including rules for transmitting data by the User onto the Website,
- c. rules for use of the Room and other functionalities available within the framework of the Website,
- d. rules for use of newsletter service,
- e. complaints procedure,
- f. information on and rules for personal data protection.
- 5. The minimum hardware requirements to enable use of the Website are as follows:
- a. A computer with an access to the Internet;
- b. An access to e-mail or mobile phone;
- c. Recommended monitor resolution: 1024×768 pixels;
- d. Available Web Browsers – detailed information on compatible web browsers is updated.
- e. In order to use the video functionality, the Users computer must be equipped with a camera and microphone.
- 6. The Users can get an access to the Terms of Service at any time via a link located on the home page of the Website.
- 7. The Website Owner makes effort to give the Users the opportunity to use all functionalities of the Website 24 hours a day. However, the Website Owner reserves the right to temporarily suspend the operation of some or all functionalities of the Website in order to carry out maintenance, updates or repairs.
- 8. The Website Owner makes efforts to ensure that all functionalities of the Website are reliable. However, the Website Owner is not responsible for deficiencies in the functioning of the Website.
- 9. The Website Owner informs and the User accepts that the availability of some functionalities of the Website depends on other service providers, e.g. YouTube, Spotlightr, Prezi. In the event of termination of the provision of such services by service providers or in the event of a change in their scope, the functionalities of the Website based on them may be disabled or modified.
- 10. The Website Owner may organize contests, promotions and games independently or jointly with other entities for some or all Users. The conditions of such contests, promotions or games shall be specified in separate regulations available within the framework of the Website.
III. Rules of Use of the Website
- 1. All graphical elements, technology solutions and other elements of the web page on the Website, in particular HTML and XHTML codes, CSS sheets, JavaScript scripts and multimedia links, as well as software available via the Website, are protected by copyrights to which the Website Owner is entitled.
- 2. The User is not allowed to copy or store neither elements nor the entire Website and its components in any manner, shape or form.
- 3. The Users meeting the condition specified in I.4 above have the possibility to log in (sign up) on the Website by registration of User’s personal Account on the Website. Registering and creating the Account on the Website is a condition to have an access to some functionalities of the Website.
- 4. The registration is made by completing and accepting the registration form available on the Website, in which the User must provide the following information: name and surname, e-mail address or number of mobile telephone.
- 5. The consent to provisions of the Terms of Service and providing data specified during the registration procedure are mandatory conditions of registration.
- 6. As a rule, using functionalities of the Website by the Registered Users is payable (Fee for Website Service), however the Website Owner may allow a free trial period or free access to certain or all functionalities – during a trial period the Registered User is only permitted to have an access to one trial account.
- 7. The Website use Agreement is concluded with the Registered User by registration of the User’s Account and after receipt of payment or payment confirmation according to point 10, subject to point 6 above. At the time the Website use Agreement is concluded, along with the registration of the User’s Account, a separate agreement on entrustment with the Gusets personal data processing is concluded between the Website Owner and the Registered User, the content of which is available at this link https://benlightenltd.com/privacy/. The agreements with the Registered User specified above are concluded for a joint indefinite period of time. The agreement on entrustment with Guests personal data processing is terminated the day when the Website Use Agreement is terminated or expired. The Registered User gives his consent to Website Owner as the processor to use AMAZON WEB SERVICES INC. in USA as the sub-processor of personal data, in accordance with the aforementioned personal data processing.
- 8. The Registered User may at any time terminate the Website Use Agreement by unregistering the User’s Account or by terminating the Website Use Agreement – termination of the agreement is made immediately Any refund for the User do not apply for the remaining Reference Period.
- 9. The Registered User may change the type of the Account at any time. If the Account is changed to a payable or payable in a larger amount than before, the change of the Account type depends on the User paying the appropriate fee; points 6 and 7 shall apply accordingly. If the Account is changed to a free or paid one in a lower amount than before, the User is not entitled to any refund of payments in relation to the remaining Reference Period .
- 10. The conclusion of the Website Use Agreement is made upon receiving payment or payment confirmation of the Fee for Website Service to the account of the Website Owner and access to the Account is not granted until this time.
- 11. The Registered User makes payment of the Fee for Website Service by providing their credit card information to the Owner Website or registered payment provider within the requested time frame. A list of accepted credit cards is on the website.
- 12. The Fee for Website Service is charged from the Registered User in advance for a particular chosen Educational package according to the website pricelist.
- 13. By accepting the Terms of Service the Registered User agrees to the automatic collection of Fees through the payment gateway provider for Website Service from credit card in the amount agreed at the commencement of Reference Period. In case online collection of Fees for Website Service from a credit card is not possible, the Website Owner informs the Registered User by paying a traditional wire transfer. In case the Fees for Website Service for the next Reference Period are not paid the Website Owner blocks access to the functionality of the Website for a period of 60 days.
- 14. The User may conclude an agreement with the Website Owner for free delivery to the User a newsletter issued in electronic form by the Website Owner. The newsletter is delivered to the e-mail address specified by the User, at the time chosen by the Website Owner. The newsletter delivery agreement is concluded for an indefinite period of time, and each party may terminate it at any time with immediate effect.
- 15. The Website Owner may terminate the Website Use Agreement or prevent the use of the Website or block or limit certain parts of the service with immediate effect, if the Registered User:
- a. during the registration process or during the payment process provides on the Website data which is untrue, inaccurate or outdated, misleading or which violates the rights of the third parties,
- b. infringes personal rights of the third parties through the Website, in particular personal rights of other Users of the Website,
- c. commits other violations against binding laws, good practices or principles of social coexistence or commits actions detrimental to the reputation of the Website Owner, its employees, co-workers or contractors,
- d. registers more than one trial account.
- 16. If the Account was terminated for reasons specified in point 13 or 15, no refund can be made for use of the website or reimbursement of incurred costs, for the remaining Reference Period.
- 17. A person who is denied the right to use the Website cannot register again without prior consent of the Website Owner.
- 18. The User of the Website is obliged in particular to:
- a. not deliver or disseminate any content prohibited by law,
- b. refrain from activities such as transmitting or posting commercial information within the Website, which is not ordered,
- c. use the Website in a manner which does not disturb its operation,
- d. use any content contained within the Website only for personal use,
- e. use the Website in a manner which complies with all applicable laws and provisions of the Terms of Service.