Public Offer/General Terms and Provisions
on joining the program
TUMO CENTER FOR CREATIVE TECHNOLOGIES
1․ GENERAL PROVISIONS
1․1․ This Public Offer (hereinafter also referred to as the “Terms”) shall govern the relationship between the persons (beneficiaries of the Program) (hereinafter also referred to as the “Members”) entitled to membership in the program “Tumo Center for Creative Technologies” (hereinafter referred to as the “Program”), their representatives, and the Simonian Educational Foundation implementing the Program (hereinafter referred to as “Tumo”), within the framework of which the Beneficiaries of the Program will have the opportunity to participate in the educational programs organized by Tumo.
1․2․ The Program is aimed at promoting and developing human potential in the field of creative technologies.
1․3․ The Program shall be implemented at a location determined by Tumo according to a schedule that may be unilaterally changed by Tumo from time to time.
1․4․ By accepting this offer, a Member of the Tumo Center confirms that he/she undertakes to comply with the rules, procedures and regulations established by Tumo (hereinafter also referred to as the “Regulation(s)”) and to comply with the requirements of these Regulations.
1․5․ Tumo shall not be deemed to be an institution exercising control over a Member.
2․ BASIC TERMS REGARDING THE IMPLEMENTATION OF THE PROGRAM
2․1․ The Program shall be implemented according to the schedule, duration, content and locations approved by Tumo.
2․2․ The Program shall cover the following main areas:
2․2․2․ website development;
2․2․3․ creating games;
2․2․4․ making movie;
2․2․8․ graphic design;
2․2․9․ three-dimensional modeling;
2․2․12․ mobile graphics;
2․2․14․ other cultural and technological initiatives.
2․3․ Program resources shall be the Tumo premises, property, including computer and technical equipment, computer programs, patents, human potential, and so on, through which the implementation of the Program shall be ensured (hereinafter referred to as the “Program Resources”).
2․4․ A Tumo Member shall receive a card (hereinafter referred to as the “Tumo card”), a Tumo account username and a login password to use the Program Resources.
3․ BASIC TERMS OF PARTICIPATION IN THE PROGRAM
3․1․ To participate in the Program a Member or his/her legal representative shall be required to accept this Offer. Acceptance of the Offer can be carried out by signing a written document or electronically registerring on the Tumo website, providing pictures (scans), copies of relevant documents, accepting this Offer in electronic form or other concludent actions.
3․2․ A Tumo Мember/Member representative shall be informed in advance about the change of the Program implementation schedule, the day and time specified in the schedule in the form of notification provided in these Terms.
3․3․ Notices and/or any information to a Tumo Member/representative shall be provided on television screens placed in visible places, through an automated telephone system and/or by other means of electronic communication (E-mail) and in the manner specified in the Terms. During the implementation of the Program, an E-mail address shall be opened for the Tumo Member, which is envisaged for electronic communication of the process of participating in the Program and shall be the property of the Program implementer. The Tumo Member must use that E-mail address exclusively for the Program-related activities and must not store any personal information or other materials therein. Tumo shall be entitled to close the E-mail address provided to the Tumo Member without any notice, provided that the Member of the Tumo Center completed the Program after six months or terminated his/her membership in the Program.
3․4․ By accepting these Terms the Member give his/her consent to the transfer of the exclusive property rights to all programs, work results, designs, as well to intellectual property objects to Tumo, as created by the Tumo Member individually or jointly within the framework of the Program or during the courses, which Tumo shall be entitled to possess, process, use or dispose of at its discretion in a manner acceptable to it.
3․5․ A Tumo Member’s access to the Tumo Center premises shall be accomplished with a Tumo Card, which shall be provided in advance and shall be deemed to be the property of the Tumo Center. A Tumo Member’s access to the Tumo Center premises can also be performed by using another method of member identification established by Tumo.
3․6․ A Member of the Tumo Center must immediately report the loss, theft, damage or destruction of the Tumo Card by calling or visiting the Tumo Center. In case of losing, damaging or rendering the Tumo card unfit for use, the Member of the Tumo Center shall be obliged to compensate for the damage caused to Tumo, the amount of which shall comprise of 3 000 AMD.
3․7․ A Tumo Member shall not be entitled to provide or transfer the Tumo card to other persons, including another Tumo Member, as well as to use another Tumo Member’s Tumo card or computer access password.
3․8․ A Tumo Member’s absences shall be deemed to be dishonorable in case of not being able to enter the Tumo Center premises and not participating in the Program on the days and hours pre-determined by the schedule due to losing, damaging, or becoming of the Tumo Card unfit for use.
3․9․ In case a Tumo Member’s participation in the Program is terminated, the Tumo Member and/or his/her representative shall return the Tumo card to Tumo in proper condition. In case of termination or temporary suspension of the membership, provided that the Tumo card was not returned by the Member of the Tumo Center or its representative, Tumo may demand 3 000 AMD to be paid as a penalty.
3․10․ A Tumo Мember’s participation in the Program may be suspended by Tumo unilaterally and indefinitely. In this case, the Tumo Мember shall not be entitled to attend the Tumo Center premises and use the Program Resources until the end of the suspension period.
3․11․ Provided that the requirements of the Regulations or the procedure for using the Program Resources were violated by a Tumo Member, the Tumo Center may issue a warning to him/her, unilaterally suspend his/her membership for a certain period of time or unilaterally terminate his/her membership in the Program.
3․12․ A Tumo member must show respect for the Tumo staff, other Members of the Tumo Center, respect the honor and dignity of others, as well as their views and beliefs.
3․13․ A Tumo Member must treat the property used by him/her with care and use it in accordance with its intended purpose, without causing damage to Tumo (property) and other persons, otherwise the representative(s) and the Tumo Member shall be subject to property liability in accordance with the manner prescribed in the Legislation of the Republic of Armenia.
3․14․ In case of not being able to attend the Tumo premises on the specified day and time, the Member of the Tumo Center must inform the Tumo Center in advance, specifying the honorable reason for the absence.
3․15․ A Tumo Member may bring food, non-alcoholic beverages, including water, into the Tumo premises, provided that they are used only in the canteen area.
4․ SPECIAL TERMS
4.1. Tumo shall undertake its best efforts to ensure the safe stay of the Members at the place of organization of the educational process according to the requirements provided for by Law, but even so, Tumo shall not be liable for the damage suffered by the Member or caused to other persons by the Member while staying in the Tumo premises.
4․2․ Tumo shall not be liable to the Member and/or his/her representative in case of loss, damage or destruction of the Member’s property in the Tumo Center premises.
4.3. Tumo shall not be liable for any damage caused to the life or health of the Member during the period of stay in the Tumo premises without the fault of Tumo.
4.4. Tumo shall be entitled to monitor the Tumo Member’s compliance with the Terms, Regulations and requirements for using the Program Resources.
4.5. The issues of accompanying a Member to and from the Tumo Center shall be regulated and determined by the Member’s representative(s) and/or other responsible persons with the agreement of the latter. Tumo shall not be obliged to verify the information and identity of the person accompanying the Member.
4.6. In order to attend or travel to the Tumo Center or box, representatives must at least explain to the Member the rules of road safety, acceptable coexistence and perform other actions necessary for the Member to conduct himself/herself in accordance with these Terms and Regulations. Provided that Tumo provides the Member’s transportation to and/or from the Tumo Center or Tumo Box, and the Member violates the requirements of this clause, Tumo shall be entitled to stop the passenger transportation of the said Member.
4.7. The representative(s) guarantee that they will be jointly and severally responsible for the damage caused by the Member.
4.8. The representative(s) shall act both on behalf of the Member and on their own behalf in the relationship with Tumo. The action of one of the representatives shall also be deemed to be an action performed on behalf of the other representative.
4.9. Programs, works, designs and other intellectual property objects created by a Member or his/her representative within the framework of the Tumo courses, both during the membership and after the termination of the membership, may not be used, processed or transferred to third parties without the written permission of Tumo. The Member may use the information about the authorship of programs, works and other intellectual property objects created within the framework of the Tumo courses for non-profit purposes, provided that in each case it is clearly stated that such were created within the framework of the Tumo courses and such cannot be used without the consent of Tumo. In case of violation of the obligation stipulated in this clause, at the written demand of Tumo, 100 000 (one hundred thousand) AMD may be confiscated as a fine in the favor of Tumor from the Member and/or representative(s) for each case of violation, as well as damages caused to Tumo.
4․10․ In case of intentional or negligent damage caused to Tumo by a Member, the Member/or his/her representative(s) shall be obliged to compensate for the damage in full within one week after receiving the written demand of Tumo for the compensation therefor.
5․ STATEMENTS, CONSENTS AND REPRESENTATIONS MADE BY ACCEPTANCE OF THESE TERMS
5․1․ A Tumo Member and his/her representative(s) shall assure that the Tumo Member does not have any health problems that prevent or may prevent the Member from participating in the Program. In case of such problems, the representative shall be obliged to inform Tumo about them, and with the agreement of Tumo, the Member can use the Program under the conditions of joint participation of the representative. Tumo shall not be liable for any damage caused to the life or health of the Tumo Member during his/her stay in the Tumo premises due to the mentioned problems.
5․1․2․ A Tumo Member and his/her representative shall assure, they are aware that – in case if Tumo provides the Member’s transportation to and/or from the Tumo Center or Tumo Box – it shall be provided through third parties and Tumo shall not be liable for the damage caused to the life or health of the Member during the transportation.
5․2․ A Tumo Member and his/her representative(s) shall assure that they have been introduced to the Regulations and Terms, and they agree to the provisions stipulated therein.
5․3․ A Member of the Tumo Center and his/her representatives give their consent that Tumo has the right to conduct filming, invite interviews during the membership, as well as to use the photos and videos of the member of the Tumo Center in the media, via social websites and in another public way.
5․5․ By accepting this Public Offer a Member of the Tumo Center and his/her representative acknowledge that some courses may be offered outside the Tumo Centers or boxes, as well as by accepting this Offer they give their consent that the Member may participate in such classes.
5․6․ A Tumo Member and his/her representative agree that – for certain courses – the Member will be provided with a computer, a camera and other equipment owned by Tumo, and the Member and/or representative will be liable for any damage caused thereto. The fact of handing over the specified equipment to the Member can be verified by the act of acceptance and handover signed between Tumo and the Member, video recordings and other methods not prohibited by Law.
6․ REVIEW AND ENFORCEMENT OF THE TERMS, REGULATIONS AND OTHER DOCUMENTS
6․1․ Amendments and additions to these Terms, Regulations, other documents regulating the relations of a Tumo Member, his/her representative, representatives shall be made unilaterally by Tumo.
6․2․ Amendments and additions to these Terms, Regulations, other documents regulating the relations of a Member, representative, representatives of the Tumo Center shall become mandatory for the Tumo Member and his/her representative, representatives the next day after one copy is received by them or is published on the Tumo website www.tumo.org.
6․3․ A Tumo Member and his/her representative(s) shall be informed about the Tumo Center and Program through the Tumo website www.tumo.org. Regardless of whether a Member of the Tumo Center and his/her representative(s) have actually read the information published on the website or not, they will be deemed to be informed from he next day after it is published on the website.
6․4․ The Tumo Center shall be entitled to unilaterally terminate a Tumo Member’s participation in the Program by notifying the Member and/or his/her representative in accordance with the notification procedure specified in the Terms.
“Updated” as of 12․06․2023թ․