Last modified on: 1 August 2020
‘Scrum Card Game’ means the board game, which lets players experience work in Scrum sprints and brings to discussion many questions and topics that happen in real life while working in a Scrum team. Hereby only the games developed by Tymofii Ievgrashyn, proposed or purchased from the Website, or sold by the Official Distributor shall be referred to as Scrum Card Game. In the respective context, the term Scrum Card Game is also used as a joint referral to Electronic Scrum Card Game, Printed Scrum Card Game, and Online Scrum Card Game.
‘Electronic Scrum Card Game’ means downloadable Scrum Card Game provided as an electronic file.
‘Printed Scrum Card Game’ means physical (printed) Scrum Card Game.
‘Online Scrum Card Game’ means an online version of the Scrum Card Game provided as SaaS on the Website.
‘Product(s)’ means Electronic Scrum Card Game or Printed Scrum Card Game which can be purchased by the User on the Website.
‘User’ means the user of the Website and/or the holder of the Electronic Scrum Card Game and/or the owner of the Printed Scrum Card Game and/or the user of the Online Scrum Card Game.
‘Official Distributor’ means an entity conducting distribution of the Product(s) under the written consent of Tymofii Ievgrashyn.
‘Provider’ means Tymofii Ievgrashyn, his affiliated entities, representatives, or agents.
These Terms and Conditions (‘Terms’) are a legally binding contract between You (the ‘User’)
and us, Tymofii Ievgrashyn, Chausseestraße 86, 10115 Berlin, Taxpayer ID 31/357/01311, VAT ID number according to the German Value Added Tax Act: DE312656712 (‘Provider’, ‘We’),
also together referred to as the ‘Parties’.
The Terms govern your rights and duties concerning your use of the Website and/or Scrum Card Game. We invite you to carefully read these Terms before using the Website or Scrum Card Game.
By accessing our Website, downloading or purchasing Scrum Card Game, you agree to be bound by the Terms. When you decide to create an account, we will additionally ask you for the explicit consent to these Terms. If you do not want to be bound by the Terms, you should not use the Website and/or Scrum Card Game.
If you have any questions regarding the use of the Website and/or Scrum Card Game, these Terms, or any services provided by us, just drop us a line at info(at)scrumcardgame.com. Alternatively, you can use our ‘Contacts’ form available on the Website.
At our Website, we give you an opportunity to freely download Scrum Card Game (Electronic Scrum Card Game), purchase Electronic Scrum Card Game, or Printed Scrum Card Game, as well as play Online Scrum Card Game. Here are the conditions under which each kind of Scrum Card Game is distributed to you.
(a) Electronic Scrum Card Game
Allowed use. Electronic Scrum Card Game downloaded from the Website can be used only for private use, including personal use and group use in the frame of the training or workshop. The file containing Electronic Scrum Card Game can be printed by its holder solely for the purpose of the aforementioned private use and in the number of copies necessary for such private use.
Prohibited use. Any physical printing of Electronic Scrum Card Game in the number of copies exceeding the quantity normally required for private use is prohibited. The sale or other distribution of Electronic Scrum Card Game in the printed physical form or in the form of the electronic file is prohibited. Any amendments of the Electronic Scrum Card Game or removing any proprietary notices from the Electronic Scrum Card Game are prohibited. Any use defined hereby as prohibited shall constitute the infringement of our copyright and can lead to the liability established by the applicable law.
(b) Printed Scrum Card Game
Allowed use. Printed Scrum Card Game purchased from the Website or our Official Distributor can be used only for private use, including personal use and group use in the frame of the training or workshop.
Prohibited use. Any copying of the Printed Scrum Card Game is prohibited except for the cases stipulated by the applicable law. The sale or other distribution of Printed Scrum Card Game is prohibited except for the cases when the copyright is exhausted according to the applicable law. Any use defined hereby as prohibited shall constitute the infringement of our copyright and can lead to the liability established by the applicable law.
(c) Online Scrum Card Game
Allowed use. Online Scrum Card Game can be used only for private use including personal use and group use in the frame of the training or workshop.
Prohibited use. The User shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the program code of Online Scrum Card Game, in whole or in part; (ii) sell access to, assign profile (login, password), distribute or otherwise make available Online Scrum Card Game to third parties except for the group training; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of Online Scrum Card Game, in whole or in part; (iv) remove any proprietary notices from Online Scrum Card Game. Any use defined hereby as prohibited shall constitute the infringement of our copyright and can lead to the liability established by the applicable law.
(a) For the relationship between the Provider and the User, these Terms are applied in the version valid at the time of the relevant interaction.
(b) We reserve the right to modify, amend or otherwise change these Terms from time to time, so please periodically check this page to ensure that you are satisfied with any changes. If you continue to use the Website after such amendments are made, you will be considered as having accepted all of them, unless there is an obligation imposed on the Provider by the applicable law to obtain your explicit consent to the amendments.
(c) We can also add new features to the Website at any time. If those newly developed features are not specifically referred to in the Terms, they should normally be considered as covered by the Terms unless it would be unreasonable or impracticable.
(a) In order to purchase the Scrum Card Game from the Website, the User shall select the Product(s) from the assortment of the Website and collect them to the so-called shopping cart using the ‘Add to cart’ button. Then by pushing the button ‘Buy now’, the User shall submit a legally binding purchase order to buy the Products added to the shopping cart. The User can change and view the Product(s)’ data at any time before submitting the order.
(b) Upon submitting the order as set out in point (a) above, the Provider shall send the User an automatic confirmation of receipt with the subject “Your Scrum Card Game order receipt” by e-mail, in which the User’s order is listed again. The confirmation of receipt (order confirmation) represents the acceptance of the User’s order by the Provider. Not later than the Product(s) are delivered, we will send the contract text (including the order, terms and conditions, and order confirmation) to the User via e-mail or by post.
(a) The timeframe of delivery is calculated from the time of our order confirmation (point 4 (b) of these Terms), provided that the purchase price has been paid in advance.
(b) If the Product chosen by the User in the order is temporarily unavailable, the Provider will inform the User immediately. In such a case, the Parties shall approve the amendment of the order and/or partial or full return of the paid price.
(с) In case the delivery of the product(s) is delayed for more than two weeks, the User has the right to terminate the contract. In such a case, the Provider shall also terminate the contract and immediately reimburse any payments already made by the User.
(d) The payments can be effected through PayPal, by credit card (via Stripe), or by the settlement of the invoice to our bank account within 14 days from the date of the invoice.
(e) The Provider reserves all rights and titles for the Scrum Card Game until the User pays the purchase price in full. If the invoice is not settled within the term indicated above, the contract is terminated automatically, and the User waives any claims it might have against the Provider with respect to any rights and title for the Scrum Card Game.
(a) The actual prices of the product(s) are indicated on the Website exclusive of the applicable taxes.
(b) The corresponding shipping costs are specified in the User’s order and are to be borne by the User unless the User exercises his right to contract termination.
(c) In case of the contract termination, the User shall bear the return disbursements.
The Provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular § 434 of Bürgerliches Gesetzbuch (BGB).
(a) The User uses the Website and Scrum Card Game on its own risk and discretion. Provider shall not bear any liability connected with damages caused to the User or a third party by use of the Website or the Product(s) or arising from such use, and the User shall not claim such damages. This does not include claims for contractually typical, foreseeable damages caused by the gross violation of the essential contractual obligations by the Provider due to negligence. Essential contractual obligations are those the fulfillment of which is necessary to achieve the objective of the contract.
(b) The claims for damages, according to paragraph (a) above shall be applied to the representatives or agents of the Provider if the claims are asserted directly against them.
9. Applicable Law and Dispute Resolution
(a) Hereby the Parties agree that the relationships between the Provider and the User shall be governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) and the rules of the private international law.
(b) All disputes and disagreements that might arise from these Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorized persons of the Provider at info(at)scrumcardgame.com shall be the effective and binding method of communication. If the dispute cannot be resolved through negotiation within 60 calendar days, it shall be referred to and finally resolved by the appropriate court under the laws of the Federal Republic of Germany.
(c) If the User is an entity established under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the User and the Provider is the registered office of the Provider.
(d) The Users may refer to the European Commission’s Online Dispute Resolution platform https://ec.europa.eu/consumers/odr for the alternative method of settlement.
(a) Any software, texts, information, pictures, designs, logos, trademarks, and any other copyrighted materials available on or through the use of the Website and/or Scrum Card Game are the intellectual property of the Provider.
(b) By these Terms the Provider does not transfer or license any intellectual property rights to the User except for the limited, non-transferable, non-exclusive, revocable, worldwide license in respect of the following:
(c) You shall not use our intellectual property for any purposes or in any manner other than it is allowed hereunder. In particular, you are prohibited from selling or exploiting our intellectual property for your own commercial purposes unless we provide you with explicit consent to do so. You may not remove our copyright, trademark, and other proprietary notices from our intellectual property.
You hereby warrant and represent that:
If you do not have the capacity to be bound by the Terms and to use our Services, you and your parents (principal) shall undertake all the consequences resulting from your acceptance of the Terms.
You agree to notify us immediately if you have reasonable grounds to believe that your user account has been or may be used without your permission. If you fail to notify us, you as a holder of the account are solely responsible for all actions taken in your account. The only exception is if you failed to notify since you could not physically notify us.
You use the Website and Scrum Card Game at your own risk and subject to the disclaimers set in these Terms.
The Website, Electronic Scrum Card Game, and Online Scrum Card Game are provided to you on the ‘as-is’ and ‘as available’ basis. This means that we cannot (and we do not) make the warranty that they will be uninterrupted, timely, or error-free. We shall not be obliged to ensure the operation of the Website or Scrum Card Game on all platforms, for all devices or under certain specific conditions.
We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to any warranties or conditions of fitness for a purpose, lack of viruses, accuracy or completeness of any information, workmanlike performance and lack of negligence as regards the Website or Scrum Card Game. In addition, there is no warranty or condition as to the correspondence to the description.
We also do not make any warranties about the suitability, accuracy, or completeness and usefulness of the information materials available on the Website. You use any such materials and take any decisions based on such materials at your own risk. We disclaim any liability of the Provider for the use of such materials.
Some links on the Website may allow you to leave the Website and visit some third-party websites and services. For instance, we may provide you with links to our profiles in social media, to our clients’ or partners’ websites, etc. Such third-party websites and services are not under our control, and we are not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply our endorsement of such third-party websites or services unless otherwise is expressly stated by us. You use all third-party websites and services at your own risk.
Any use of the Website or Online Scrum Card Game, which we find inappropriate and/or offensive may result in suspension and/or termination of your use without any notice.
Your rights and obligations under these Terms are not assignable, transferable, or sub-licensable unless you obtain our prior written consent. We may transfer, assign, or delegate our rights and obligations under these Terms without prior notice to you.
Notwithstanding anything contained herein, we reserve the right, without notice and at our sole discretion, to terminate these Terms or suspend your right to access the Services, including (but not limited to) in case of your breach of the Terms, or any of the obligation (including warranties and representations) under these Terms or applicable laws, or if we believe that you have committed fraud, negligence or other misconduct.
Taxpayer ID 31/357/01311
VAT ID number according to Sec. 27 of the German Value Added Tax Act: DE312656712
Address: Chausseestraße 86, 10115 Berlin