TUTOCLUB SUBSCRIPTION TERMS AND ORDERING PROCESS

1.1. This procedure and rules (hereinafter referred to as the "Rules") govern the purchase of TutoClub subscription through the web checkout on www.tutotoons.com,. operated by TutoTOONS Ltd. set out (hereinafter referred to as the “TutoTOONS Online Shop” and/or “Platform”). The Rules set out general terms for ordering and purchasing a TutoClub subscription that provides access to premium features in a selection of TutoTOONS games (the “TutoClub subscription”). By purchasing a TutoClub subscription via the Tutotoons Online Shop, the Customer hereby agrees to these Rules. These Rules exclusively apply to purchases made through the TutoTOONS Online Shop and any related use of the services provided therein.

1.2. Relationships not regulated by these Rules or regulated only partially shall be regulated in accordance with the procedure established by the legislation of the Republic of Lithuania.

1.3. The provision of services in the TutoTOONS Online Shop shall be organised, operated and related services shall be provided to the Customer by TutoTOONS LIMITED, registered office address: Torridon House, Beechwood Park, Inverness, Scotland, IV2 3BW (hereinafter referred to as “the Seller”).

1.4. For the purposes of these Rules, the Customer shall mean any person who makes a purchase on the TutoTOONS Online Shop or uses other services of the TutoTOONS Platform (hereinafter referred to as the Customer). The right to use and purchase from the TutoTOONS Online Shop shall be granted to able-bodied natural persons aged at least 18 years.

1.5. By placing an order, the Customer unconditionally confirms that he/she has the right to make purchases on the TutoTOONS Online Shop.

1.6. Together with the order placed by the Customer, these Rules shall become a contract between the Customer and the Seller and shall constitute a binding legal document for both parties. The contract shall be deemed to have been concluded when the Customer forms and submits an order in the TutoTOONS Online Shop, makes payment in accordance with the procedure and terms set out in the Rules and the Seller sends a confirmation that the Customer's order has been accepted to the e-mail address indicated by the Customer.

1.7. The Customer shall not be given the opportunity to place an order in the TutoTOONS Online Shop if he/she is not familiar with the Rules and/or does not accept them. In cases where the Customer does not accept the Rules or any part thereof, he/she should not order services on the TutoTOONS Online Shop. Upon placing an order on the TutoTOONS Online Shop, the Customer shall be deemed to have read and unconditionally accepted the Rules.

1.8. The Seller hereby reserves the right to change, amend or supplement the Rules. When shopping in the TutoTOONS Online Shop, the Customer shall be subject to the Rules in force at the time of placing the order, and is therefore advised to get acquainted with the Rules at the time of each purchase.

1.9. The Seller assumes no risk or liability and is unconditionally relieved of any such liability if the Customer has not read the Rules in whole or in part, even if given the opportunity to do so.

1.10. The Seller shall have the right to limit the number of registered Customers, taking into account the technical capabilities of the TutoTOONS Platform system.

1.11. The Seller shall have the right to restrict the Customer's use of the TutoTOONS Platform services or cancel the Customer's registration and/or subscription without notice if the Customer uses the TutoTOONS Platform in violation of these Rules, attempts to undermine the stability and/or security of the TutoTOONS Online Shop or the Seller's orders, operation and/or safety.

1.12. The Seller may temporarily or permanently discontinue the operation of the TutoTOONS Online Shop without prior notice to the Customer. In the event of force majeure, the Seller shall have the right to suspend the performance of the contract until the force majeure has ceased by notifying the Customer of the suspension of the execution of the order and/or the subscription. If the Customer is no longer interested in the subsequent performance of the contract, then the Customer shall have the right to withdraw from the contract by notifying the Seller. In the event that the Seller ceases to operate but is able to fulfil confirmed orders and/or continue subscriptions, all rights and obligations under these Rules or applicable law in relation to orders already fulfilled or in progress shall continue.

1.13. The Seller owns or has licensed on behalf of the Seller all copyrights, database rights, trademarks and other intellectual property rights in all material on the TutoTOONS Platform and the information published thereon (hereinafter referred to as Intellectual Property Objects). Customers may download and print copies of the Intellectual Property Objects of the TutoTOONS Platform for information purposes only and for personal, non-commercial purposes. When downloading and printing copies of the Intellectual Property Objects on the TutoTOONS Platform, Customers must preserve any copyright or other intellectual property notices embedded in the original material. It shall be prohibited to copy or adapt the Intellectual Property Objects, codes, archives or databases of the TutoTOONS Platform for commercial or business purposes without the Seller's consent, in whole or in part corresponding to the Intellectual Property Objects. The use of the TutoTOONS name, as well as the dissemination of information and advertising on the TutoTOONS Platform, shall be prohibited without prior written permission.

2.1. Only registered Customers, i.e. Customers who have created accounts on the TutoTOONS Platform, shall be entitled to shop in the TutoTOONS Online Shop (purchase subscriptions).

2.2. In order to become a registered Customer, a person must provide their e-mail address, create a password and read and accept the Privacy Policy (https://tutotoons.com/privacy_policy/)

2.3. It shall be the responsibility of the Customer to ensure that the data provided by him/her in the TutoTOONS Online Shop is accurate, correct and complete. If the data provided by the Customer changes, the Customer must update it without delay. In no event shall the Seller be liable for damages caused to the Customer and/or third parties due to the Customer's provision of incorrect and/or incomplete personal data or failure to amend and supplement the data after the data has changed.

2.4. The Customer shall have the right to modify, amend or cancel his/her registration (account) freely at any time, and shall have the right to contact the Seller for modification or cancellation of his/her account and of all the data contained therein.

2.5. When registering, the Customer shall create individual login details (e-mail address and password) and shall keep them confidential and not disclose them to any third party. In order to reduce the risk of unauthorised access to the TutoTOONS Platform on behalf of the Customer, it is recommended to create a complex, unpredictable password (it is recommended to create a password of at least 8 characters, using upper and lower case letters, numbers, and punctuation marks, and to avoid words that are easy to guess (the Customer's name, surname, etc. and/or numbers (such as date of birth, etc.), and change it at least once every 6 (six) months). The Customer shall be responsible for the complexity of the login data he/she has created and for the preservation of the same, as well as for any actions (data transfer, orders placed, etc.) that are performed on the TutoTOONS Platform by logging in with the Customer's individual username and password. If the services provided by the Seller are used by a third party who has logged into the TutoTOONS Platform using the Customer's login details, the Seller shall consider such person to be the Customer. If the Customer loses his/her login credentials, he/she must immediately inform the Seller by post, telephone number or e-mail or change his/her login credentials by logging into his/her personal account on the TutoTOONS Platform. The Seller cannot and will not be held liable for any damage caused to the Customer as a result of third parties accessing the TutoTOONS Platform using the Customer's login data.

2.6. In order to purchase a TutoClub subscription, the Customer must agree to the Rules and confirm that the personal data provided by him/her shall be processed to the extent necessary for the execution of the order.

2.7. The Customer's personal data shall be processed in accordance with the Privacy Policy. If the Customer uses the services of the TutoTOONS Platform, the Customer shall be deemed to have consented to the processing of the Customer's personal data and hereby confirms that all the information and personal data provided is true and correct.

2.8. The Customer's personal data shall be used to identify the Customer, to sell services, to administer subscriptions, to issue accounting documents, to reimburse overpayments, to administer arrears, to fulfil other contractual obligations and to ensure the Customer's access to the other services of the TutoTOONS Platform.

2.9. The Seller undertakes to maintain confidentiality, and guarantees the security of personal data and their processing in accordance with the requirements of the legislation in force in the Republic of Lithuania. Information may be disclosed to third parties only when it is necessary for the performance of a contract or in other cases where such disclosure is possible or necessary in accordance with the requirements set out in the legislation in force in the Republic of Lithuania.

2.10. The Seller shall have the right to restrict access to the TutoTOONS Platform for registered users of the TutoTOONS Platform in whole or in part. The Seller shall also have the right to block the Customer's account at any time if the Customer fails to comply with the terms and conditions defined in these Rules and/or any other mandatory rules or conditions of the website.

3.1. The prices for services (subscriptions) in the TutoTOONS Online Shop and in the order form shall be quoted in Euros (EUR). Services (subscriptions) shall be sold to the Customer at the prices in force at the time of placing the order in the TutoTOONS Online Shop.

3.2. The Seller shall have the right to change the prices of services (subscriptions) without prior notice.

3.3. Payment for services (TutoClub subscription) shall be made through the payment provider used by TutoTOONS, Stripe. The Customer can pay using various payment methods supported by Stripe, including debit or credit cards (such as MasterCard, VISA, and VISA Electron), as well as other available payment options like digital wallets or bank transfers, depending on their availability in the Customer's region. When placing an order and paying through Stripe, the Customer will be required to provide the necessary payment details. All payments are securely processed through Stripe’s payment gateway, and the TutoTOONS Online Shop does not store or have access to the Customer’s payment details. Stripe will handle the transaction securely, and only confirmation of successful payment will be returned to the TutoTOONS Online Shop system. Responsibility for the security of the Customer’s payment data during the transaction lies with Stripe as the certified payment provider.

3.4. Once the Customer has paid for the service (subscription purchase), a confirmation of payment and order shall be sent by e-mail. Customers may track the status of their order by logging in to their account on the TutoTOONS Platform and shall also notified by e-mail.

3.5. A service order (subscription purchase) shall only be confirmed and activated upon receipt of payment.

3.6. If payment is not received from the Customer within the stipulated period, the order shall be automatically cancelled.

3.7. The invoice shall be issued by the Seller and delivered to the Customer by the Customer's designated e-mail address on the same day, provided that the Customer has indicated the need for an invoice when ordering the services (purchasing a subscription). If the Customer so wishes, an invoice may be issued to a company or other body other than the Customer. In such a case, the invoice shall be issued and sent to the Customer within 3 (three) business days of receipt of payment.

4.1. The TutoClub subscription and the premium features of the selection of TutoTOONS apps shall become available to the Customer immediately after the Seller receives the payment for the services. The digital games subscription purchased shall be available to the Customer and all materials (certain premium features of the TutoTOONS digital games) shall be available to the Customer in the Customer's account until the end of the subscription purchased or until the Customer deletes his/her account.

4.2. The Customer shall have the option of a monthly, annual or lifetime subscription.

4.3. For each new Customer, i.e., a Customer ordering a TutoClub subscription for the first time, the Seller offers a 3-day free trial of the TutoClub subscription, providing free access to the premium features of selected TutoTOONS games. The subscription (monthly, yearly, or lifetime) will begin at the end of the 3-day trial period, with the first charge for the chosen subscription period (monthly, yearly, or lifetime) occurring after the trial expires. If the Customer decides to cancel the subscription during the 3-day trial period, no charges will be made. However, if the Customer continues to use the TutoTOONS Platform or does not notify the Seller of their decision to cancel before the trial period ends, the subscription will automatically become active, and the Customer will be charged. No refunds will be given if you cancel your subscription after the 3-day trial period ends.

4.4. By purchasing a subscription on the TutoTOONS Platform, the Customer shall have the right to use the premium features of the selected TutoTOONS games. The use of the TutoTOONS Platform and the digital games contained therein shall be made available to the Customer exclusively for leisure and personal non-commercial use.

4.5. All digital games and other materials on the TutoTOONS Platform shall remain the exclusive intellectual property of the Seller. The Customer may not sell, copy, exchange, transfer, publish, rent, license, distribute or otherwise commercially exploit the TutoTOONS Platform and the digital games contained therein.

4.6. In all cases, the Seller shall be exempt from liability for the non-provision of services (e.g. temporary inactivity of the TutoTOONS Platform) if the services are not provided to the Customer and/or the Customer is temporarily unable to use the TutoTOONS Platform due to the fault of the Customer or due to circumstances beyond the Customer's control.

5.1. Under the Article 6.22810 of the Civil Code of the Republic of Lithuania and the provisions of the “Rules of Retail Trade” approved by the Resolution of the Government of the Republic of Lithuania of 11 June 2001 No. 697, the consumer's (the Customer's) right to withdraw from a distance contract and from a contract concluded away from the commercial premises shall not apply to contracts for the provision of digital content which have been entered into and which provide for the consumer's (the Customer's) obligation to pay the price. Therefore, the money paid by the Customer for the purchased services (subscriptions) and all the material (digital content) available on the TutoTOONS Platform is non-refundable, except for the cases set out in Clause 4.3 of the Rules. In case of other reasons for cancellation of services (subscriptions), the Customer must contact the Seller by e-mail or on the TutoTOONS Platform and discuss the possible cancellation conditions with the Seller individually.

5.2. If the Seller is unable to provide the services for an extended period after the Customer has paid for the services (subscription), through no fault of the Customer, the Seller shall refund the Customer as follows: - For Customers with a monthly or yearly subscription, only the amount corresponding to the unused portion of the subscription period will be refunded. - For Customers with a lifetime subscription, the full amount paid for the subscription will be refunded.

5.3. In the event of a cancellation of services (subscription) as outlined in Clause 4.3 of the Rules, or under other applicable circumstances, a refund will be issued to the Customer within fourteen (14) days from the date of cancellation. The refund will be processed through the payment provider (Stripe) using the same payment method the Customer originally used for the subscription (e.g., bank transfer, card charge).

5.4. If the Customer starts an order and does not complete it (without payment), the contract shall be deemed to be void.

5.5. If the Customer deletes his/her account from the TutoTOONS Platform or otherwise expresses his/her wish that the Customer's data is no longer available to the Seller, the Seller shall not be obliged to keep the history of the purchased services and shall not guarantee that the purchased services (subscriptions) will be available on the TutoTOONS Platform after the creation of a new account or the recovery of the deleted account.

5.6. If a Customer requests the deletion of their personal data, such request will automatically cancel their active subscription, as the deletion of data is necessary to provide the service. In this case, no refund will be issued, as the service has already been provided, if there were no issues with the service (TutoClub subscription) itself. All payments made before the deletion request are non-refundable, as specified in these terms.

6.1. The Seller shall send and otherwise contact all notices to the e-mail address or telephone number provided by the Customer.

6.2. The Customer shall send all notifications and questions and otherwise contact the Seller by e-mail [email protected].

7.1. These Rules shall be drawn up in accordance with the legislation of the Republic of Lithuania.

7.2. The law of the Republic of Lithuania shall apply to relations arising under these Rules.

7.3. In the event of damage, the guilty party shall indemnify the other party for direct losses in accordance with the procedure and on the grounds established by the laws of the Republic of Lithuania.

7.4. All disagreements arising from the implementation of these Rules shall be resolved through negotiations. In the event of disagreement, disputes shall be settled in accordance with the procedure established by the laws of the Republic of Lithuania.

7.5. Every consumer shall have the possibility to resolve disputes with the Seller electronically, without recourse to court. The consumer must first contact the Seller in writing and, within 14 days of receipt of the claim, if the Seller fails to respond to the consumer's claim or if the consumer's claim is not satisfied, the consumer may refer the matter to an out-of-court consumer dispute resolution body, i.e. State Consumer Rights Protection Authority (Vilniaus st. 25, 01402 Vilnius, e-mail [email protected], tel. No. 852626751, website www.vvtat.lt), or to its territorial units in the districts, or by filling in the request form on the EGS platform http://ec.europa.eu/ods/).