„GOODWORKY“ LTD., IDN 206601522, having its seat and registered office at: Sofia 1000, 13 Veslets Street, registered as per the VAT Act, and providing services via its website GoodWorky.com (referred below as Goodworky) to its business-customers aiming to perfect the employer-employee relations by creating a specialized company workspace for communication, e-Learning, employee growth and engagement.
The definitions “Customer”, “Visitor” and “User” used in these present terms shall apply to any physical and juridical person visiting or using Goodworky.
1. These general terms shall govern any use of the services provided through GoodWorky, as well as the rights and obligations of GOODWORKY, and the Customer/User/Visitor respectively, related to those said services. The use of any of the services provided by GoodWorky is only possible after the acceptance of the present General Terms and Conditions that create the contractual relationship between GOODWORKY and each of the Customers/Users/Visitors.
2. The entire information, composition and design of GOODWORKY, as well as the name itself are protected by the Copyright law and all rights related thereto and Trademark and geographical indications law. This site or any parts thereof may not be reproduced, imitated, copied, sold, re-sold or used for commercial purpose, without the express consent of GOODWORKY The contents of this site may only be used for non-commercial, private purpose. Any use beyond this context – publishing of text, or any part thereof without GoodWorky’s knowledge and consent, feeding of databases for commercial purpose, distribution of text under any form, for any purpose and on any media or computer environment, as well as any other form of commercial use – is prohibited, and shall be subject to a strict legal prosecution.
3. Any and all trademarks, logos and symbols used on this website are a sole property of GOODWORKY.
4. GOODWORKY is entitled, taking into account the active relevant regulatory and legal requirements, to amend or cancel any of the conditions and/or services on GoodWorky at all times, by updating these present text contents. For each text content update GOODWORKY will notify the Customer/User/Visitor. In case of such amendment the Customer is entitled, after checking the present terms for any revisions and eventually disagreeing with them, to terminate their contractual relations with GOODWORKY and cease to use the services provided by GoodWorky.
5. The Customer /Visitor is liable for any use of GoodWorky. The Customer is also liable for keeping its information and its password confidential. The Customer/User is liable for the use of its account, with or without its permission. The Customer agrees to immediately inform GOODWORKY for any unauthorized use of its account and its password.
9. The Customer may not publish and edit any information on behalf of any third party without its consent.
10. The Customer/User undertakes to use Goodworky in compliance with the law. The Customer/User may not publish or distribute any information through Goodworky, which, in any way, infringe or are in conflict with any third party’s rights and/or the applicable law, as well as such containing advertisement of other products and/or services, without the prior consent of GOODWORKY LTD.
Rules for use of the information
11. The Customer/User/Visitor agrees to use Goodworky in accordance with these present terms and all applicable Bulgarian laws.
12. The Customer/User/Visitor may not:
- /a/ use this site in the meaning of delivering, distribution, saving or destroying the information in any way infringing or not respecting basic human or public rights and any third party’s legitimate interests;
- /b/ publish any information of discriminative nature or which infringe the confidentiality or any third party’s rights;
- /c/ post incomplete, false or inaccurate data or information which is not its property;
- /d/ send any franchise, pyramid schemes, “club friendships”, distribution agency contracts and commercial representation contracts or other business proposals requiring advance or regular payment;
- /e/ delete or amend any material sent by other persons;
- /f/ distribute copyrighted material unless the Customer/User/Visitor owns the copyright or has the owner's permission to do so;
- /g/ distribute any information containing trade secret, unless the Customer/User/Visitor owns the trade secret or has the owner's permission to do so;
- /h/ distribute any information infringing any other person’s intellectual property rights or any rights related to personal data protection of others;
- /i/ distribute any information that is obscene, libelous, threatening, offensive, abusive hateful, or embarrassing to another Customers, or any other person or entity;
- /j/ distribute photos with sexual content or announcement;
- /k/ distribute information containing viruses, Trojan horses, worms, “mailbombing”, “cancelbots”, or perform any other actions meant to cause damages, loss of interference, subversive hindrances or crushing the system, database or the information and/or are meant to obtain and use of somebody information.
13. The Customer/User/Visitor is responsible for maintaining the confidentiality of its passwords, as well as for the consequences of submitting them to any third party.
16. The Customer/User/Visitor is prohibited from violating or attempting to violate the security of this site, including, without limitation:
- /a/ accessing data not intended for such Customer or logging into account of other Customer with password and e-mail/username, which the Customer is not authorized to access;
- /b/ attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;
- /c/ attempting to interfere with service to any Customer, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing";
- /d/ sending unsolicited e-mail, including promotions and/or advertising of products or services;
- /e/ performing any actions resulting in unreasonable or disproportionable overloading of the site structure.
17. The Customer is responsible for any actions leading to violations of the system or network.
Services for Customers
18. The access to GoodWorky’s services is allowed after a successful registration on GoodWorky and on payment of the corresponding fee estimated according to the Services tariff plan, part of this document.
- Access to the services is valid for the period for which the payment has been done. After this period expires, the access is suspended. The payment for a new access period is done at least 24 hours prior the new starting date.
19. Customer registration:
- 19.1. Customers fill in the registration form with their name, e-mail address and password, creates a workspace by filling in the workspace name.
- 19.2 After confirming their registration, users receive automatic email message for successful registration and brief information about the provided through GoodWorky services. The workspace, email address and password entered in the registration form will be the login data for the user’s registration.
20. After successful registration Registered Customers receive some or all of the following paid services:
- 20.1. Access to the admin section of Goodworky
- 20.1.1. The Customer is an administrator of the registered workspace. The Customer has the right to provide access, estimate the number of users and manage all users for the registered work
- 20.1.2. The customer, at his/her discretion, can create and delete users.
- 20.1.3. The Customer, at his/her discretion, can change user roles and user groups for the created workspace.
- 20.2. Manage registered workspace content
- 20.2.1. The Customer can create, edit and delete news, articles, ideas and topics in the registered workspace, create content categories, manage content visibility by users or user groups.
- Manage e-Learning content in the registered workspace
- 20.3.1. The customer can create, delete and edit courses, course modules, create dependencies between courses and modules and establish criteria for evaluation.
- 20.3.2. create, delete and edit tests, surveys and written assignments and manage courses visibility by users or user groups.
21. Free trial - GoodWorky offers a 14 days trial period within which all features and functionalities are provided completely free. The trial period is activated with the creation of the workspace and is being active until 23:59:59 h. on the 14th day from that creation. After the expiration of the trial period customers can subscribe for Goodworky based on the desired number of active users in the workspace.
22. Subscription – customers can subscribe to use GoodWorky on a month basis (30 days period). The monthly subscription fee is calculated on the numbers of active users in the workspace for the previous month and in accordance to GoodWorky’s pricelist.
- 22.1. The Customer can establish the number of active users in the workspace on a monthly basis and pay the corresponding subscription fee. The monthly subscription fee is paid at the beginning of each 30 day billing period. In case the customer wishes to add new active users in the workspace for the active month, he/she may do so by preliminary paying the corresponding fee according to the Goodworky pricelist.
- 22.2. Goodworky applies taxation on prices for countries where taxation is applicable. In order to be adequately invoiced the client should fill in in the respective company info and address information and, where applicable, the company VAT number/ Tax ID / Tax Number in the ‘Subscription and Billing’.
- 22.3. Subscriptions can be cancelled at any time.
23. Payments – all payments in GoodWorky are facilitated by the Stripe payment platform and are governed by the current and Stripe’s Terms and Conditions. For each payment Goodworky issues a corresponding invoice.
Services for Users and Visitors
24. The registered Users can communicate with other users in the same workspace, create and read news, articles, ideas and topics after the Customer has provided them with rights to do so.
25. Users can take on e-Learning courses by learning modules in the workspace in the forms of written materials, tests, surveys and written assignments.
26. Users gain online points/rewards for certain activities on Goodworky.
27. All workspace Users have the right to use Goodworky’s functionalities based on the decision and provided rights from the Customer in the role of an administrator.
28. If the Customer or user, has provided consent for GoodWorky to do so, it may use the information gathered from the Customer to inform it of other products or services which may be of interest to the Customer. If the Customer has provided consent, GoodWorky may send to the specified e-mail, any of its advertisements and/or newsletters.
Liability of GOODWORKY LTD.
30. GOODWORKY cannot and does not confirm that each Customer is who they claim to be. GOODWORKY does not and cannot be involved in customer-to-customer or control the behaviour of participants on GoodWorky. In the event that there is a dispute between one or more Customers, GOODWORKY (and its employees) shall be released from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, arising out of or in any way connected with such disputes.
32. GOODWORKY is not liable for any lost profits and/or damages resulting from the use of information on the GoodWorky platform. In no event shall GOODWORKY be liable for any or damage suffered by the Customer, and resulting from any received or not received information on the site of GoodWorky. The Customer is obliged to check and evaluate, at its own risk and on its own account, the accuracy, completeness and relevance of the information or any other part of the content accessible through GoodWorky.
33. GOODWORKY, its proprietors, partners, managers and officers, does not warrant that GoodWorky will operate error-free, nor makes any guarantees for any results arising from the use of GoodWorky, as well as for the accuracy, trustworthiness and security of the content of information posted by GoodWorky Customers.
34. GOODWORKY is not liable for any damages resulting from system error, access termination, loss of data, defects, operation deceleration, computer viruses, connection problems, system destruction or unauthorized access. In the latter case, GOODWORKY shall notify CPDP and / or the entities without undue delay but not later than 72 hours after GOODWORKY has understood about the violation.
35. GOODWORKY shall not be liable for any decisions based upon posted information.
36. GOODWORKY shall not be liable towards the system users, as well as toward any third party in the event that Customer posts on the site illegally obtained or information prohibited for distribution, as well as in the event of misuse, copying or any other kind of illegal use of trademark, logo, as well as any other information violating any third party’s material or non-material rights.
37. GOODWORKY shall not be liable for the provision of services in force major circumstances. Force majeure circumstances are unforeseen and unavoidable events or a combination of events of an extraordinary nature, beyond the control of the parties, arising after the conclusion of the contract as, but not limited to: war, sabotage, uprisings, revolution, riot, strikes, riots, explosion, fire , natural disasters (floods, earthquakes, thunder, storm, hurricane, tornado, torrential rain, hail, landslides, landslides, icing, etc. natural disasters), embargoes, government bans and / or restrictive measures arising from by decisions of the National Assembly or an administrative act, failure as a result of a hardware and / or software problem of the cloud service provider and others, insofar as these events hinder the fulfillment of the Goodworky obligations under these General Terms and Conditions.
38. The Customer does expressly agree not to take GOODWORKY at task for any illegal or offending behavior of other customers, visitors or any other third party, whereas the Customer shall bear the entire risk of possible damages.
39. The Customer undertakes not to take GOODWORKY, its proprietors, managers and officers respectively, at task for any damages resulting from use of the services of GoodWorky, Customer or any third party with its access data.
40. GOODWORKY processes the personal data of the entities necessary to use the functionalities of the GoodWorky site. In the processing of their personal data, the subjects have all the rights regulated in Art. 12 to Art. 22 incl. of Regulation (EU) 2016/679 and explicitly mentioned in the GOODWORKY. If the data subject considers that GOODWORKY is in breach of the applicable data protection legislation, it may contact the company to clarify the matter. The data subject also has the right to file a complaint with the personal data protection authority, namely the Personal Data Protection Commission (https://www.cpdp.bg/).