CONDITIONS OF USE
MEMORIX s.r.o. – eshop
Article 1 - General provisions
1.1 The Operator of this website and the service provider of this website is the company MEMORIX s.r.o., ID: 04527038, based in Plzenska 1270/97, 150 00 Prague 5, registered in the Commercial Register of the Municipal Court in Prague, Section C, File 248620 (hereinafter referred to as "Operator" or "Seller"). By using these web pages and/or purchasing e-books through this website you give consent to the General Terms and Conditions (hereinafter referred to as "GTC"). These GTC govern the mutual rights and obligations of the contractual sites when using services provided by the Operator via the user interface of the website www.memorixanatomy.com or standalone applications located on the website (hereinafter referred to as "Web"). The GTC also regulate the rights and obligations of users when using the Web as well as other related legal relations. The provisions of these GTC are an integral part of the purchase contract between the Operator and a user, the subject of which are the e-books offered on the Web. Different arrangements in the purchase contract, if accepted by all contracting parties, take precedence over the provisions of these GTC.
1.2 Both legal and natural persons may become a user of the services (hereinafter referred to as "User" or "Buyer") provided by the Operator under the conditions that they are fully qualified for legal acts (in accordance with applicable law in the country). Minors may conclude contracts with the Operator only with the consent of their legal representatives and under their supervision.
1.3 These GTC may be amended by a unilateral decision of the Operator and the change is effective from the date of its publication on the Web. The User acknowledges that he will not be notified of these changes and is required to get acquainted with the current wording of the GTC before each use of the services on this Web.
1.4 For the purpose of creating an order on this Web the User is obliged to provide accurate, correct and truthful information about themselves. Knowingly providing false, incorrect or incomplete data may be treated accordingly to relevant legislation, including criminal law.
Article 2 - Copyrights
2.1 The User acknowledges that the content of the Web is protected by legislation on copyright protection and other regulations governing the protection of intellectual property. The User is not allowed to reproduce, copy, distribute, sell, transfer, change, modify, or otherwise interfere with the content of the Web. The User is not entitled to use the site for commercial purposes, neither is he authorized to provide access to the web content for these purposes in any way. The User is not allowed to use automated processes for using the content of this Web.
2.2 Trademarks, trade names, graphics and design elements located on the Web constitute intellectual property of the Operator and cannot be used in any way without prior written consent.
2.3 Through the Web, the User can obtain the right to use an authorial work against payment. All materials that are offered on the Web are copyrighted components and as such are protected by copyright laws.
2.4 Copyrighted work may become available to the User through the Web in the form enabled to be downloaded. Downloading is considered as commercial making of a permanent copy of a work in electronic form. The User must not use this copy in any manner other than for which he was awarded a license and only to the extent determined by this license. To avoid any misgivings, it is stated that each license is granted by the Operator with no geographical restriction, unless explicitly indicated otherwise in particular cases.
Article 3 - Purchase in e-shop
3.1 Based on a submitted order, the User is entitled to purchase materials by means of downloading these from the Web. Downloading a file the User will receive a reproduction of the work in electronic form against payment. Price is determined respectively for particular materials. The User may use his copy of the work in accordance with the valid and effective wording of the Copyright Act.
3.2 The materials the Operator of this Web offers are distributed solely in electronic form (especially email, link to download, etc.) and no claim for delivery of physical media can be established. After the payment has been received, the User will be sent a link for a one-time download of a copy of the purchased material to provided email address. Delivery of the digital product to the email address of the Buyer is regarded as unpacking of goods when original packaging is disrupted in accordance with §1837 letter h) of the Civil Code.
3.3 The price is final, includes respective value added tax, and always applies to the particular item.
3.4 The price can be paid using the Braintree payment system. The contract is concluded the moment the corresponding payment has been processed through the Braintree payment system, and it means the User has acquired the right to download the copy.
3.5 The User shall make the payment within 14 days from the date the order has been placed through the Web. In case the payment is not carried out within that period the order will be considered canceled by the service provider, which the User expressly agrees with.
3.6 The User is obliged to check his order and all information therein. The Operator is not liable for damages resulting from the consequences of errors or incorrect data specified in the order.
Article 4 - Termination of agreement
4.1 According to § 1837 letter l) of the Civil Code, the consumer cannot withdraw from the contract for the supply of digital content if the item has not been supplied on a tangible medium and has been delivered with the prior expressed consent of the consumer before the deadline for withdrawal has expired.
4.2 The Buyer has an option to withdraw from the contract only under the circumstances the Buyer has not yet received the desired goods in the form of a download link. Fulfilling delivery in the form stated above is of similar nature as disrupting (unwrapping) original packaging of a program. This does not affect the right of the Buyer to claim a replacement for the purchased goods in case a non-functional link has been sent.
4.3 The Operator is entitled to withdraw from the contract when particular goods become out of stock or unavailable, in case of such major changes that prevent the Operator's obligations under the purchase contract, in an event of force majeure, or when despite exerting all efforts that may be fairly required from someone, the Operator is not able to deliver the items to the Buyer within the allotted time or for the price that was agreed upon in the purchase contract. The Operator is obliged to inform the Buyer forthwith of this actuality and return any monetary payments that has been so far carried out under the purchase agreement.
4.4 The Seller also reserves the right to withdraw from the contract or its part in case obvious verbal or numerical errors occur in the price of goods (e.g. the price is obviously different than it is usual for this type/kind of good). As an obvious verbal or numerical error is considered, for example, erroneous inclusion of numbers in the price, obviously low priced goods and other obvious errors in writing. In this case, the Seller will immediately contact the Buyer to agree on further action.
Article 5 - Defective fulfillment and claims
5.1 The Operator is responsible for ensuring that goods are of proper or agreed on characteristics, are free from defects and meet the requirements of the legislation upon delivery. In the case of failing to meet these specified conditions, especially if data files contain a different e-book other than the User purchased or the data files are incomplete, damaged or unreadable on compatible devices, the User has the right to file a claim and its execution falls under generally binding regulations governing the exercise of the rights from the defective performance and its handling. The User is obliged to inform the Operator about the claim without delay by sending an email to firstname.lastname@example.org. Information about the claim must comprise at least the order number, name of the purchased items and a description of the defects.
5.2 The Operator will decide on how the filed claim will be dealt with, and that is within 7 days from the verifiable delivery of the claim. Legitimate claims will be settled by the Operator within 30 days.
5.3 By placing an order the User agrees that contract fulfillment can begin immediately, and the fulfillment is therefore commenced instantly by the Operator after receipt of the corresponding payment. The User acknowledges that he is entitled to rescind the contract only until the moment the Provider has started with the fulfillment.
Article 6 - Licensing conditions
6.1 After paying for an item, the User is permitted to use the material and save its copy on a memory medium. The User is authorized to use the copy for personal use only. It is strictly prohibited to further reproduce, print, rent, lend, exhibit, or communicate publicly the material or its part in any way, just as it is prohibited to provide its content to third parties, and that is against payment as well
as free of charge. The User is not allowed to modify the work, otherwise interfere with it, or associate it with another piece of work. The User is not allowed to translate or transform the work into another form, e.g. printed.
6.2 The User is not entitled to interfere with the technical elements protecting the work or limiting the scope of its use. The User is not entitled to explore or test the security aspects of the work. The User is not authorized to circumvent the technical elements securing the work. Any disruption of these technical means is an infringement of copyright and will be prosecuted under the relevant legislation.
Article 7 - Technical conditions
7.1 The User acknowledges that reading an e-book is conditional on a specific software and hardware. The Operator is neither responsible for the inability to download the materials due to insufficient software or technical equipment of the User nor is he in this case obliged to refund the money that have been already sent. Each work on the Web is accompanied with a preview made available for free download to allow users to check their compatibility of their devices in advance.
7.2 The Operator secures the Web against unwarranted interferences by third parties, against virus attacks, and so forth. However, the User acknowledges he is required to have a properly secured PC or other technical devices the copy of the work has been stored on. The Operator is not liable for any damage the User sustained due to an unauthorized interference by a third party.
7.3 The User is not authorized to examine, explore or test the security of the Web, neither is he permitted to break the technical security elements of the Web. The User is further not authorized to use any automated systems for downloading data from the Web and monitoring the Web or other users. The User is not allowed to reproduce or exploit processes to monitor the content of the Web in any way. The User is not allowed to use any technical resources to interfere with the Web for the purpose of overloading, flooding or denying its functionality.
7.4 Violation of the Web, its content, security or functionality, or attempts of such an unwarranted interference will be considered a breach of legislation and dealt with in a corresponding way. The Operator is entitled to technically prevent further use of the Web in this case.
Article 9 - Final provisions
9.1 The contracting parties expressly agree that the legal relationship between the Operator and the User is governed by Czech law, particularly the Copyright Law and the Civil Code, as amended. Should any provision of these GTC be or become invalid or ineffective, such invalidity or ineffectiveness will not affect the validity and effectiveness of the remaining provisions of these GTC.
9.2 The Operator is entitled to interrupt or suspend any services provided through the Web. The Operator is, in any case, not liable to the User for any damage caused by a temporary or permanent unavailability of the Web or some of its applications.
9.3 By concluding the purchase contract, the Buyer confirms that he is familiar with the General Terms and Conditions, agrees with them, and accepts them. The Buyer further confirms that he has understood all provisions of the conditions and has not found any ambiguity.
9.4 In case the Operator and the User, who is also a consumer as defined by generally binding legal regulations, find themselves in a consumer dispute arising from the purchase contract or service agreement that cannot be solved by mutual agreement, the consumer may file a motion for extrajudicial resolution of such dispute to an official body appointed to settle consumer disputes out-of-court, which in this case is the
Czech Trade Inspection
Central Inspectorate - ADR Department
120 00 Prague 2
The consumer may also use an online dispute resolution platform, which has been established by the European Commission at http://ec.europa.eu/consumers/odr/.
These GTC become effective on July 1, 2020.
The Operator of this website and the service provider of this website is the company MEMORIX s.r.o., ID: 04527038, based in Plzenska 1270/97, 150 00 Prague 5, registered in the Commercial Register of the Municipal Court in Prague, Section C, File 248620 (hereinafter referred to as "Memorix"). Memorix s.r.o. is registered at the Office for Personal Data Protection under the registration number 00064259.
Collection of personal information
"Personal information" (also referred to as "Personal Data" in some jurisdictions) is any information that can be used to identify you or that we can link to you.
We collect, process and use your personal information when you:
· visit our website;
· order products or content from us;
· subscribe to our newsletter;
· contact us for customer care.
The information we collect is typically related to the product or service you request and include:
· your name and title, education(unitrsity, level of education);
· address, phone number, and email address;
· university, company, CRN and TaxID;
· payment information; and related information which we may need to fulfill your request;
Cookies and similar tools
Children under 16 years of age
Users must be at least 16 years old or older to order product from us. If you accept private policy you confirm that your age is minimum 16 years old. Memorix does not knowingly collect any personal information from children under the age of 16. If a parent or guardian believes that Memorix has in its database the personal information of a child under the age of 16, please contact us at email@example.com and we will use our best efforts to remove the information from our records.
How we use the information we collect
(a) Managing your Memorix Information
We collect your personal information to: (a) monitor and manage your purchase transactions; including administration; provisioning; billing and reconciliation; verification of your identity, solvency and creditworthiness (b) comply with legal and regulatory requirements and with the competent judicial authorities in each geographical jurisdiction that Memorix operates in; (c) maintain, support and develop the products and services you purchase; and (d) perform statistical analysis. We also use your information to assess risk and detect and prevent fraud.
For example, this information allows us to ensure that digital content is sent to you in compliance with applicable geographic rights and usage limitations applicable to the content. We will also send you service, support and administrative messages, reminders, technical notices, updates, security alerts and information requested by you, such as in response to a request for customer assistance. Emails and messages concerning the administration and operation of your purchase will be sent to you. If you opt out of receiving these communications, we may be unable to provide the services to you.
(b) Organizing contests
From time to time, Memorix may invite you to enter various contests or promotions. If you choose to participate in a contest or promotion, your personal information may be used to administer the contest, such as to determine your eligibility for the contest or to award a prize.
Memorix’s contests or promotion may be operated with other organizations. This will be identified in the contest rules. The contest rules will additionally identify if your personal information will be shared with the other organization and if so, the purposes for the disclosure and your privacy rights. This data collection and sharing may be necessary for the consideration of your participation.
(c) Sending newsletters and marketing emails
With your permission we also want to provide you with the most up-to-date information about our services, products, and other information that might be of interest to you when using services from Memorix and/or our affiliates and partners.
To offer you more personalized offers and/or special offers, discounts and other information, Memorix may send you newsletters, discounts, promotion codes, if you consent. Your consent is not required as a condition of using the Memorix service, and you may withdraw it at any time.
How we may share the information we collect
We may share the information we collect, including your personal information, with third parties under the following circumstances (including intra-group transfers and transfers to entities in countries that do not provide statutory protections for personal information):
· Service providers and business partners. We may share your personal information with our service providers and business partners that perform marketing services and other business operations on our behalf and under our instructions. For example, we may partner with other companies to process secure payments, fulfill orders, optimize Memorix service, send our newsletters and marketing emails, support email and messaging services and analyze information.
· Protection of rights and other legal purposes. We may share the information we collect, including personal information, with law enforcement or to otherwise comply with any statutory or regulatory requirement or the order of a court or other public authority agency, regulator, government authority or other third party where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party.
Legal bases for using your personal information
There are different legal bases that we rely on to use your personal information, namely:
· Performance of a contract – The use of your personal information may be necessary to perform the Terms and conditions under which we provide the Memorix service to you and under which we sell goods to you.
· Legitimate interests – We may use your personal information for our legitimate interests to improve our products and services and the content available on the Memorix Platform.
If we need to further process (or engage data processors to further process) your personal information, we will let you know if there is a new purpose for that further processing that is not compatible with the notices and consents that we have from you, and we will provide you with any relevant further information.
Third party websites
The Memorix Platform may contain links to websites not owned or controlled by Memorix. Memorix does not have any control over these third-party websites. We encourage you to be aware of these other third-party websites and their privacy statements, as we cannot control and are not responsible for privacy policies or practices of third party websites.
Security and data retention
We deploy administrative, technical, and physical safeguards designed to safeguard the information that we collect. We evaluate these safeguards on an ongoing basis to help minimize risks from new security threats as they become known.
However, no information system can be 100% secure. So, we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to us over networks that we do not control, including the Internet and wireless networks.
We retain the information collected via the Fapi.cz until it will be necessary. After that time, we may aggregate the data and retain the data in that form for the same analytical purposes stated above.
Your choices and your rights
You can unsubscribe or opt-out of receiving marketing communications from us in your settings by sending an email us at firstname.lastname@example.org
You can change information about you by sending an email us at email@example.com. Some of this information is optional and you are not required to provide it to us, however other information such as payment information is required for Memorix to be able to provide you with our services. You are not required to provide any information to us that is unnecessary to provide the Memorix services.
Subject to local law, you may have certain rights regarding information that we have collected and that is related to you. We encourage you to contact us to update or correct your information if it changes or if you believe that any information that we have collected about you is inaccurate.
Consistent with legal requirements and limitations, you can also ask us:
· to see what personal information we hold about you;
· to erase your personal information;
· to port your personal information; and
· to restrict our use of your personal information.
Please note that we will likely require additional information from you in order to honor your requests.
If you would like to discuss or exercise such rights, send us an email at firstname.lastname@example.org.
Alternatively, you may have a right to complain to your local data protection authority (if one exists in your country).
COOKIE AND TRACKING TECHNOLOGIES POLICY
Cookies & Other Tracking Technologies: How We Use Them
We use both session and persistent tracking technologies. Tracking technologies (e.g., cookies) can either be persistent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser).
We also use first and third-party cookies. First party cookies are used and controlled by us to provide services for the Services. Third-party cookies are controlled by third-parties, mostly for analytics purposes.
Our Services use the following categories of cookies:
Your Cookie Choices & How to Opt-Out
Most browsers are initially set up to accept HTTP cookies. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies and how to disable existing cookies. For more information about HTTP cookies and how to disable them, you can consult the information at http://www.allaboutcookies.org/manage-cookies
Controlling the HTML5 local storage on your browser depends on which browser you use. For more information regarding your specific browser please consult the browser’s website (often in the Help section).
Please note, however, that without HTTP cookies and HTML5 local storage, you may not be able to take full advantage of all the features of our Services and some parts of the Services may not function properly.
You can also disable analytics for mobile apps from the settings screen on your mobile device.
How to contact us
If you would like to contact us with questions about our privacy or data protection practices, Cookies and Tracking Technologies Policy, please contact us at email@example.com
Last updated: February 21, 2021
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with Memorix Anatomy and Histology eBooks mobile application (the “Service”) operated by MEMORIX s.r.o. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using our Memorix Anatomy and Histology eBooks mobile application (the “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or MEMORIX s.r.o. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting MEMORIX s.r.o. customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide MEMORIX s.r.o. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize MEMORIX s.r.o. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, MEMORIX s.r.o. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
2. Free Trial
MEMORIX s.r.o. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by MEMORIX s.r.o. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, MEMORIX s.r.o. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
3. Fee Changes
MEMORIX s.r.o., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
MEMORIX s.r.o. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
7. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
8. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MEMORIX s.r.o. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Czech republic and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MEMORIX s.r.o..
9. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by MEMORIX s.r.o..
MEMORIX s.r.o. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that MEMORIX s.r.o. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
11. Limitation Of Liability
In no event shall MEMORIX s.r.o., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
MEMORIX s.r.o. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of Czech republic, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at email@example.com.