TERMS OF USE

Effective Date (last updated): November 2023 


Please read this Terms of Use carefully before using the website https://partners.mapanda.com/ and application «MaPanda Light», operated by Bini Bambini OÜ, a company incorporated under the laws of Estonia, registered address: Pae tn 25-47, Lasnamäe district, Tallinn city, Harju county, 11414, Estonia, registration number: 14086465.


These Terms of Use apply to all visitors, Clients, End users, and others who access or use the Services (as they are described below) and are a legally binding agreement with the Company. These Terms are an integral part of the general Terms of Use for services of Bini Bambini OÜ. Please read them before using the MaPanda Light product.

In case of inconsistencies between the general Terms of use for services provided by Bini Bambini OÜ and these terms of use, the latter will prevail.


Please see also our Privacy Policy, and our Cookies Policy, which is not part of this agreement.


Bini Bambini OÜ (“Company,” “we,” “us,” “our”) provides its Services to you subject to your agreement with these Terms of Use (“ToU”). This document describes in detail your rights and our rights relating to the provision of our Services, so please review the ToU carefully. 


By continuing to use our site or application, you agree with all the conditions set below and confirm that you understand all its provisions and you enter into an agreement on the provision of services with "MaPanda Light".

1. DESCRIPTION OF SERVICES

1.1. MaPanda Light (through Bini Bambini OÜ, a company incorporated in accordance with the legislation of the Republic of Estonia, the details of which are given below) proposes an individual, a self-employed person, an entrepreneur, a legal entity who wants to use the Services (hereinafter - the Client), hereinafter referred together as the “Parties”, separately - the “Party”, to join these ToU on these conditions and in accordance with the selected list of Services.

To the extent that use of the Services is subject to additional Client agreement, such Client agreement, including any addendum thereto, shall supersede any conflicting provision in these Terms.

1.2. We offer our Clients access to a distance learning services platform (use of a platform that provides video and audio communication), which include interactive communication with the Client's mentors with the online use of entertaining, educational and developmental materials aimed at forming and developing useful user skills and habits (collectively, the "Services"). Unless expressly stated otherwise, any new features that supplement or enhance the current Services are subject to these Terms.

Please note that Services may only be available for certain operating systems (such as iOS, Android).

1.3. The Company has the right to use the services of any natural and legal persons, in order to provide timely and high-quality Services

1.3. The description of services, provided by the Client to his users through the MaPanda Light application (hereinafter - the End users) (in particular, the scope and characteristics of classes), the cost and terms of service provision are described on the Client's website and/or agreed upon with the Client additionally.

2. PRICE OF SERVICES AND SETTLEMENT PROCEDURE

2.1 The cost of Services provided by MaPanda Light to Client agreed upon with the Client additionally. Prices and availability of all Services provided by us are subject to change at any time prior to purchase. The cost of services can be indicated in EUR or the equivalent of a foreign currency. The payment amount may be affected by the exchange rate set by the electronic payment service, financial operators or payment systems of the Client's bank through which the payment is made.

2.2. Every time before paying for Services, the Client undertakes to familiarize himself with the terms of payment for services. By paying for services, the Client agrees to the terms of payment for services effective on the date of payment.

2.3. Ma Panda Light is not responsible for processing payment transactions by the Client's end users. MaPanda Light does not process the payer's personal data, which he provides for making calculations, and does not store bank card details on its resources.

If you are the end user of the Client, please familiarize yourself with the terms of service provision and the procedure for payment by the Client.

2.4. The Client understands,   acknowledges,   and agrees to release the   Company from any and all claims associated with the success,  revenue generation,  or any expected results,   monetary or otherwise,   in connection to the Application and the Company expressly declines any representation or warranty regarding the performance of the Application in generating success, revenue or Client benefits.

3. CLIENT CONDUCT

3.1. By using the Services, it is the Client's responsibility to know, understand and abide by our rules of use. These rules are not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of the Service and to take such measures as it sees fit. We reserve the right to add to or amend this list of rules at any time.

You agree that you will not use the Services to:

- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

- intentionally or unintentionally violate any applicable local, state, national or international law.

- use the Services for non-personal or commercial purposes without our express prior written consent.

- copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the content made accessible by us on or through the website, including any information, videos, text, graphics, software programs used by us in connection with the website, Services or our apps, materials, descriptions, data obtained from or through the website (collectively, “Materials”), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Materials, other than as permitted under these Terms and/or additional agreement with the Client

- copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to our proprietary rights, including our Intellectual Property, in any way or by any means, unless expressly permitted in the Terms and/or additional agreement with the Client

- make any use of the Materials on any other site or networked computer environment for any purpose, or replicate or copy the Materials without our prior written consent; 

- infringe and/or violate any of the Terms.

Violation of our rules may result in termination of these terms and/or additional agreement with the Client.

3.2. The Client shall be responsible for compliance with these Terms by all persons specified by the Client to whom we have granted special access to the administrative tools of the Application, as well as for actions regarding the Сontent and any End user data available to the Client.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 All intellectual property objects placed on the website and/or application (including the website and application itself) and those used by MaPanda Light during the provision of services are owned by MaPanda Light or transferred to MaPanda Light for use on legal grounds (within the limits of the relevant licenses) except for the Client's Content.

Certain features of the Service may allow Client or End Users to upload content to or through the Service, including messages, photos, videos, audio, images, folders, data, text and other types of work (collectively, "Content") and to display, transmit, record and store User Content on or through the Service. 

Client retains any copyright and other intellectual property rights in the Content that is uploaded to the Service.

4.2. By providing Сontent through the Service, the Client grants us a worldwide, non-exclusive, non-sublicensed, irrevocable, royalty-free, fully paid-up right to copy, reproduce, use, post, store, transmit, publicly display, publicly perform, transmit, reproduce, modify for the purpose of formatting to display and distribute the Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

4.3. MaPanda Light also uses objects of intellectual property rights that may belong to other persons, based on an appropriate license, contract or other legal basis.

4.4. Except as expressly provided herein, MaPanda Light does not transfer any intellectual property rights to such objects to the Client  and does not grant permission to use them for purposes other than those specified in the ToU. The Client has no right to use the intellectual property objects posted on the site or available during the provision of services without the prior written consent of MaPanda Light.

4.5. MaPanda Light does not review or verify the Content posted by the Client, nor does it acquire any rights to the Client's Content. By providing Content via the Service, you affirm, represent, and warrant that:

(a) you are the creator and owner of the Content, or have the necessary licenses, rights, consents, and permissions to authorize MaPanda Light to use and distribute your Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by MaPanda Light the Service, these Terms and/or additional Client agreement;

(b) your Content, and the use of your Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any legitimate right of your users or any third party, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, any other intellectual property/proprietary right, right to give and withdraw consent, or any other data protection right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause MaPanda Light to violate any law or regulation; and

(c) your Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

4.6. MaPanda Light may, however, at any time and without prior notice, screen, remove, edit, or block any Content that in our sole judgment violates these Terms or is otherwise objectionable.

No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in the ToU.

5. PRIVACY POLICY

5.1 By accepting these Terms, the Corporate Client grants MaPanda Light the right to collect, process and store his personal data in accordance with the Privacy Policy.

5.2. We process personal information as a data processor on behalf of and following instructions from our Client, which are the entities responsible for the data processing.  

To understand how the Client processes personal information of End users, please refer to that Client’s privacy policy.  

If you are interested in what personal information we process when providing services to our Client, please refer to the Privacy Policy for more information.

5.3. The Client, by accepting this Agreement, guarantees that he has all legal grounds to collect, register, accumulate, store, adapt, change, update, use and distribute (publish, transmit), depersonalize, destroy personal data and other information that make up the content from using the application.

5.4. Also the Client takes actions to ensure the preservation and non-distribution of personal data and to prevent unauthorized processing, loss or destruction. 

6. INDEMNITY

6.1. You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, employees, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any transaction resulting from use of the Service, your connection to the Service, your violation of these Terms, and/or your violation of any rights of another.

7. SETTLEMENT OF DISPUTES

7.1 In case of disputes, the Parties will take measures for pre-trial settlement of disputes.

8. MISCELLANEOUS

8.1 Unless otherwise provided in these Terms of Use, the usual contractual terms established by law shall apply.

9. MaPanda Light Details 

Bini Bambini OÜ

Address: 

Pae tn 25-47, Lasnamäe district, Tallinn city, Harju county, 11414, Estonia