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TERMS AND CONDITIONS

OF THE MONDO INFANO SERVICE

(hereinafter: the “Terms and Conditions”)

I. General Provisions

§ 1 Subject Matter of the Terms and Conditions

These Terms and Conditions set out the rules for the electronic provision of services by the Service Provider to Users, consisting in the ability to create an Account within the Service and obtain access to specific functionalities of the “Mondo Infano” Service, intended for entities providing services related to the organisation of preschool activities and their associates, as well as for Parents of participants in such activities.

§ 2 Definitions

Capitalised terms shall have the following meanings:

  1. “Subscription” – the period of use of the Service, as specified in the Agreement;
  2. “Instructor” – a User who conducts specific Activities organised by the Client or Promoter;
  3. “Account” – an account created by a User within the Service in accordance with the rules set out in these Terms and Conditions;
  4. “Parent Account” – an account created within the Service by a User who is a Parent, in accordance with the rules set out in these Terms and Conditions;
  5. “Client” – an entity that has entered into an Agreement with the Service Provider for access to the Service and for granting access to the Service to specified Users;
  6. “Module” – one of the functional modules comprising the Service, as described in detail in these Terms and Conditions;
  7. “Promoter” – a User who cooperates with the Client and is responsible for organising preschool activities at individual facilities, in accordance with the agreement between the Promoter and the Client;
  8. “Parent” – a User who is the parent or legal guardian of a child attending Activities organised by the Client;
  9. “Service” – the service operated by the Service Provider under the name “Mondo Infano”, intended for entities providing services involving the organisation of educational activities at preschool facilities and their associates, enabling the management of Activities and settlements with clients, as well as communication between the Client, Promoters and Instructors and Parents, the functionalities of which are specified in detail in § 5 of these Terms and Conditions, made available via https://app.mondoinfano.pl and its subpages;
  10. “Agreement” – an agreement entered into between the Service Provider and the Client, under which the Client receives access to the Service and the ability to grant access to the Service to Users designated by the Client;
  11. “Service Provider” – MONDO INFANO spółka z ograniczoną odpowiedzialnością, with its registered office in Łódź at ul. Bronisławy 22 (93-308 Łódź), registered in the Register of Entrepreneurs, whose registration files are maintained by the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register, under KRS No. 0000994548, REGON 523250976, NIP 9820388019, share capital: PLN 5,000;
  12. “User” – a person who has created an Account and has been granted access to the Service by the Client. Depending on the context of a particular provision, the term User may refer to different categories of Users (Client, Promoter, Instructor, Parent).

II. Service

§ 3 Description of the Service

  1. The Service constitutes a service provided electronically by the Service Provider under the conditions set out in these Terms and Conditions, the Agreement and other documents arising from the Terms and Conditions and the Agreement.
  2. Users have access to the Service exclusively online, using a web browser via https://app.mondoinfano.pl and its subpages.
  3. As part of the Service, the Service Provider also provides ongoing technical support to Users on business days (i.e. Monday to Friday, excluding public holidays), between 9:00 a.m. and 5:00 p.m., at the e-mail address indicated on the Service website and via the chat available within the Service.
  4. The Service Provider reserves the right to develop the Service, including updating, expanding and modifying its functionalities.
  5. The Service is available 24 hours a day, 7 days a week, subject to the further provisions of these Terms and Conditions.
  6. Due to the need to maintain and update the Service, the Service may be temporarily unavailable. The Service Provider will make every effort to ensure that any unavailability caused by maintenance or updates occurs between 10:00 p.m. and 6:00 a.m.
  7. The Service Provider will make every effort to ensure that the Service is available at least 95% of the time. This does not, however, apply to events beyond the Service Provider’s control, including in particular failures, hacking attacks or interference with the Service by Users.
  8. The Service Provider will notify Users of any scheduled technical interruptions at least 7 business days in advance.
  9. All rights to the Service, including economic copyrights and intellectual property rights to its name and internet domain, belong to the Service Provider, and the Client and Users may use them only in the manner specified in the Agreement and these Terms and Conditions.
  10. Users may use the Service only after creating an Account.

§ 4 Service Functionality

  1. Different types of Accounts with different scopes of permissions may be assigned within the Service:
    1. Client;
    2. Promoter;
    3. Instructor;
    4. Parent.
  2. The part of the Service intended for Users who are Clients, Promoters or Instructors consists of three Modules, whose individual functionalities are described in the subsequent provisions of these Terms and Conditions:
    1. Ludo;
    2. Teko;
    3. Kvalito.
  3. In addition to the Modules described in paragraph 2, the Service also provides a separate type of Account – the Parent Account. Access to a Parent Account for a given User who is a Parent must be granted by the Client.
  4. Users designated by the Client in the Agreement have access to all functionalities in all Modules.
  5. The Client decides which specific individual permissions are granted to particular Users through the Permissions tab. The Client may change the scope of permissions granted to a particular User at any time or revoke the User’s access to any functionality of the Service.

§ 5 Technical Requirements

  1. A computer or other device is required to use the Service. No special technical requirements apply to the computer or other device; internet access, an e-mail address, a standard operating system and a web browser are sufficient.
  2. Cookies must be enabled in the browser in order to use the Service properly. They may subsequently be deleted using the options available in the browser.
  3. Detailed information regarding cookies is provided in the Privacy and Cookies Policy available at mondoinfano.pl/polityka-prywatnosci.

III. Account

§ 6 Creating an Account

  1. A person wishing to enter into an agreement with the Service Provider for the creation and maintenance of an Account should click the “Register” button located at the bottom of the https://app.mondoinfano.pl/login page and then complete all mandatory fields of the registration form: first name, surname, e-mail address and a unique password. The form constitutes an offer by the Service Provider to the prospective User to enter into an agreement for the creation of an Account.
  2. It is prohibited to enter unlawful content in the form, in particular personal data of third parties without appropriate authorisation.
  3. A message confirming creation of the Account, together with an Account activation link, will be sent to the e-mail address provided by the Client in the registration form. After clicking the activation link, the User will need to log in again using the registration details provided in the form.
  4. Clicking the activation button by the person who completed the registration form constitutes acceptance of the Service Provider’s offer to enter into an agreement for the creation of an Account. The agreement for the creation of an Account is concluded at that moment.
  5. The User is required to keep the Account login credentials confidential, in particular the unique access password, so that unauthorised persons cannot gain access to the Account.
  6. By creating an Account, the User may obtain access to the Service within the scope assigned by the Client; however, appropriate access to the Service requires permissions to be granted by the Client or Promoter.
  7. The agreement with the User for the creation of an Account is concluded for an indefinite period.
  8. The User may terminate the agreement for the creation of an Account with immediate effect at any time by sending written notice to the Service Provider’s address or by e-mail to help@mondoinfano.com
  9. The Service Provider may terminate the agreement for the creation of an Account only in the following circumstances:
    1. the Service Provider ceases operating the Service;
    2. the Agreement is terminated;
    3. the User provides unlawful information or posts unlawful materials within the Service.
  10. If the agreement for the creation of an Account is terminated in the circumstances described in paragraphs 8 or 9 above, the User will lose access to the Service upon termination of the agreement.

IV. Functionalities Available within Client, Promoter and Instructor Accounts

§ 7 Ludo Module

The Ludo Module is designed to support Clients and Promoters in managing the Activities they organise. Within the Ludo Module, the User may have access to the following functionalities, available under individual tabs that expand after clicking the name of the Module:

  1. Participants – a tab containing a list of Activity participants. From this tab, the User may view the list of Activity participants and their personal data, add and remove Activity participants, assign participants to individual Activities, edit their personal data and send messages.
  2. Waiting List – a tab containing a list of persons wishing to participate in Activities but who have not yet been admitted to participate. From this tab, the User may view the list of persons wishing to participate in Activities and their personal data.
  3. Facilities – a tab containing a list of facilities where Activities are conducted. From this tab, the User may view the list of facilities and information about them, add and remove facilities, and add and remove tasks for individual Users.
  4. Groups – a tab containing a list of Activity groups. From this tab, the User may view the list of Activity groups and information about them, as well as add and remove groups.
  5. Activities – a tab containing a list of Activities. From this tab, the User may view the list of Activities and information about them, as well as add and remove Activities.
  6. Instructors – a tab containing a list of Instructors cooperating with a particular Promoter. From this tab, the User may view the list of Instructors and their personal data, add and remove Instructors, assign participants to individual Activities, edit their personal data and send messages.
  7. Finance – a tab supporting the management of finances relating to Activities conducted by the User. From this tab, the User may view a list of transactions they have completed, a list of payments received, a list of debtors and a list of invoices issued.
  8. Forms – a tab through which the User may generate forms and provide them to Parents for completion. The appropriate type of document is selected and its content determined by completing the relevant form.
  9. Administration – a tab containing information concerning Promoters, settlements with Promoters, a list of activities (actions) of individual Users, and the ability to place orders for marketing activities for individual Promoters.
  10. Reports – a tab through which the User may generate analytical reports based on data contained in the system.

§ 8 Teko Module

The Teko Module is designed to support Clients and Promoters in managing the sale of their services. Within the Teko Module, the User may have access to the following functionalities:

  1. Sales Statistics – a tab containing a summary of sales activities undertaken by the Client’s or Promoter’s sales representatives. Within this tab, the User may view activity and sales reports and define their intended targets.
  2. Sales Reports – a tab containing a list of sales reports.
  3. Sales Representatives – a tab containing a list of sales representatives. From this tab, the User may view the list of sales representatives and their personal data, add and remove sales representatives and edit their personal data.
  4. Tasks – a tab through which tasks may be assigned to individual sales representatives and viewed together with their status.

§ 9 Kvalito Module

The Kvalito Module is designed to support Clients and Promoters in managing the quality control of their services. Within the Kvalito Module, the User may have access to the following functionalities:

  1. Quality Panel – a tab containing statistics relating to Activities conducted by a particular User.
  2. Report List – a tab containing all reports submitted to a particular User by other Users.
  3. External Reports – a tab containing all reports submitted by Promoters and Instructors to Parents.
  4. Instructors – a tab containing statistics for individual Instructors cooperating with a particular Promoter.
  5. Activities – a tab containing statistics for individual Activities conducted by a particular Promoter.

§ 10 Other Functionalities

In addition to the Modules indicated above, the Service provides the following functionalities under individual tabs:

  1. Communication – a tab for communication between Users and Parents, enabling e-mail messages to be sent, including, among other things, debt collection messages;
  2. Drive – a tab functioning as an internal cloud drive to which Users may upload files from their devices;
  3. Settings – a tab enabling Users to customise the Service settings according to their preferences;
  4. Permissions – a tab enabling permissions for individual Service functionalities to be granted to individual Users;
  5. Calendar – a tab containing a calendar of individual Users’ Activities;
  6. Contact – a tab for contacting the Service Provider.

V. Parent Account Functionality

§ 11 Parent Account

  1. A person wishing to enter into an agreement with the Service Provider for the creation and maintenance of a Parent Account should complete the Account creation procedure described in § 6 of these Terms and Conditions.
  2. The Parent Account will be activated after the Client grants the appropriate access.
  3. The agreement with the User for the creation of a Parent Account is concluded for an indefinite period.
  4. A User who has created a Parent Account has the right to withdraw from the agreement for the creation of the Parent Account without giving any reason within 14 days of the date on which it was concluded.
  5. Once the Account has been created, the details of participants (children) whose parent or legal guardian is the User will be automatically completed and displayed in the Parent Account.
  6. The Parent Account enables:
    1. viewing photographs and descriptions of the Activities of participants whose parent or legal guardian is the User;
    2. viewing completed, upcoming and overdue payments due to Promoters of Activities attended by participants whose parent or legal guardian is the User, as well as making payments using the electronic payment system provided by PayU S.A. in accordance with its terms and conditions;
    3. setting up recurring payments using the electronic payment system provided by PayU S.A. in accordance with its terms and conditions. Recurring payments are collected automatically every month. The amount of the recurring payment is determined by the organiser of the Activities and may be checked during the recurring payment setup process or in the agreement with the organiser of the Activities, available when enrolling in the Activities and subsequently in the Parent Panel. In the case of recurring payments, payment/credit card details are stored by PayU S.A. The User may submit a complaint regarding a transaction by sending a report to help@mondoinfano.com
  7. The Client may terminate the agreement for the creation of an Account with immediate effect at any time by sending written notice to the Service Provider’s address or by e-mail to help@mondoinfano.com
  8. The Parent may terminate the agreement for the creation of an Account with immediate effect at any time by sending written notice to the Service Provider’s address or by e-mail to help@mondoinfano.com
  9. The Service Provider may terminate the agreement for the creation of an Account only in the following circumstances:
    1. the Service Provider ceases operating the Service;
    2. the Agreement with the Client is terminated;
    3. the Parent provides unlawful information in the registration form.
  10. If the agreement for the creation of an Account is terminated in the circumstances described in paragraphs 7, 8 or 9 above, the User will lose access to the Service upon termination of the agreement.

VI. Final Provisions

§ 12 Complaints

  1. The Service Provider is responsible to Users for the proper operation of the Service.
  2. Any complaints concerning the use of the Service may be submitted in writing to the Service Provider’s address specified in these Terms and Conditions or by e-mail to help@mondoinfano.com
  3. A complaint should include the User’s details, the order number and a description of the event giving rise to the complaint.
  4. Complaints concerning Activities submitted by Parents directly to the Service Provider will be promptly forwarded to the Client, who will be responsible for handling the complaint.

§ 13 Amendments to the Terms and Conditions

  1. The Service Provider has the right to amend these Terms and Conditions.
  2. If the Service Provider intends to amend the Terms and Conditions, it will inform Users of the planned amendment and provide them with the new Terms and Conditions. This information will be communicated via the Application at least 14 days before the planned amendments enter into force.

§ 14 Final Provisions

  1. When using the Service, it is prohibited to provide unlawful content, in particular:
    1. pornographic content or obscene materials;
    2. content that offends religious feelings;
    3. content advertising or promoting alcohol;
    4. content advertising or promoting tobacco products or tobacco accessories, products imitating tobacco products or accessories, or symbols associated with tobacco use;
    5. offensive content, content infringing personal rights, or content containing vulgar words or words commonly regarded as offensive.
  2. These Terms and Conditions are available at the Service Provider’s registered office and at: https://www.mondoinfano.pl/en/terms-of-use-ludo-teko-kvalito/