The Website may be used provided that the User consents to the provisions of the Terms & Conditions and all other applicable terms and conditions, operating rules, policies and procedures.
Browsing, accessing the Website, in particular viewing of any Content or using any Services or Products constitutes the User's binding acceptance of these Terms, including any modifications that the Company makes. The User is responsible for regularly reviewing the Terms. If the User disagrees with or cannot follow these Terms & Conditions (in part or in whole), then such User should not browse or access the Website or any Content, use any Services or Products, or register to create a User Account.
The Website includes a combination of content that the Company creates, that Company's partners create, and that the Users create (“Content”).
By submitting Content to upload in the Website, the User represents, warrants and agrees that all Content submitted for posting in the Website (“User’s Content”) does not violate applicable laws or the rights of any third party in particular intellectual property rights, including but not limited to patents, rights to inventions, copyright and related rights, trademarks, designs, rights in confidential information including know-how and trade secrets, in each case whether registered or unregistered, which subsist or will subsist now or in the future in any part of the world. The User shall keep the Company indemnified from and against all liabilities, costs, expenses, damages and losses suffered or incurred by the Company as a result of or in connection with any claim made against the Company for actual or alleged infringement of applicable law or third party’s right arising out of or in connection with the performance or supply of Services or Products, to the extent that the claim is attributable to the acts or omissions of the User.
By submitting Content to upload in the Website, each User provides to the Company a lifetime, worldwide, irrevocable, royalty-free, nonexclusive, sublicensable right to use, reproduce, copy, modify, process, transmit, distribute, publish, display, dispose or use of derivative works of User's Content in any form, medium or technology for the purposes of hosting the User’s Content and make it available to the public through the Website without territorial or other limitations, as well as to other social media accounts owned by the Company, and for the purposes of providing the Services.
The Company offers via the Website a Student Support Forum, Online Courses and Shares the Content for e-learning purposes (“the Products” or “the Services”). The detailed description of the Products is available on the Website. The Company shall be entitled to adjust the scope of the Services and the underlying technical infrastructure to reflect the continuing development of the Services and technical advances.
All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary or confidential information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by the Company or other respective owners and any unauthorized use is prohibited.
Subject to User’s payment, the Company grants User a license to use the purchased Products. This license is limited, revocable, non-exclusive, non-sublicensable and a non-transferable right to use the Products for the term the User has paid the applicable fees, and is subject to the rights and obligations granted under these Terms. This license is personal to each User and cannot be shared or exchanged with others. This means that the User may utilize the Website and Services only personally. The User may in particular not share Products with any other individual. Use of the Products by more than one individual is strictly prohibited.
The User shall not copy, modify, transmit, distribute, publish, participate in the transfer or sale of, reproduce, process, dispose or use of derivative works of, or in any way exploit the Products provided other than for individual training. Any other purpose is expressly prohibited under these Terms. The User shall also not permit anyone else to copy, modify, transmit, distribute, publish, participate in the transfer or sale of, reproduce, process, dispose or use of derivative works of, or in any way exploit the Products.
The User’s use of the Website, the Products or any Services is at the User’s own risk. The Website, the Products and Services are provided on an ‘as is’ basis, without any warranties of any kind, whether express or implied. The Company does not make any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, the Company does not represent or warrant that the Website, the Products or any Services obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or that the Website or the Products or any Services obtained through the Website will otherwise meet the User’s needs or expectations.
The User accepts that the Services may include communications such as service announcements and administrative messages from the Company. The User will not be able to opt out of receiving these service announcements and administrative messages while using the Website and Services until the User sends the Company a specific written notice requesting the termination of the User's subscription and that the User's details be eliminated from the Website and any mailing list.
The Company will take all commercially reasonable steps to provide each User with uninterrupted access to the Products. However, the Company does not guarantee that the Services and the Website will be available without interruption and without errors. The Company is not liable, if for any reason, negligence included, the operation of the Website is interrupted or access to the Website becomes difficult and / or impossible or if viruses or other harmful software is identified and transmitted to the terminals of the users / visitors, or if third unauthorized parties intervene in any way to the Content and operation of the Website making the use of it difficult or causing problems to its proper function. Moreover, the Company is not liable if the Website is not accessible for reasons beyond the Company’s control, as well as for reasons due to technical or other failure of the network or for reasons of force majeure or incidental facts. Where this is the case, the Company will take commercially reasonable steps to restore the User’s full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.
To browse, access the Website or any Content or use any Services or the Products, the User must meet the following system requirements:
It is the User’s responsibility to ensure that the User meets the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any Product or Service. The Company does not bear any responsibility where the User’s access to the Products is inhibited due to insufficient system requirements.
To order the Services offered by the Company, the User shall submit an order form available on the Website. Only orders submitted on the correct form, duly completed and dated will be accepted.
The User shall choose between the full payment option or the installment payment option when available. Receipt of payment shall be a condition preceding the Company providing access to the Website and Services and any license grant herein. If the User chooses the full payment option, the User shall pay a one-time payment for the amount specified at the time of submitting an order on the Website.
If the User chooses the installment payment option, the User shall pay the total amount payable through the full payment option split in multiple installments plus a 50 USD processing fee. The User shall be given access to only the specific portions of the Website and Services relating the respective installment payment. Failure of the User to pay any installment shall result in loss of access to the entire Website and Services. No refund of any prior installment shall be given to the User in such event.
The User, being a consumer, has the right to withdraw from the contract concluded with the Company without giving any reason within 14 days of the day of the conclusion of the contract, unless the Service has been performed with the consumer’s explicit consent.
For the purpose of exercising the right to withdraw from the contract, the User must inform the Company in the form of a letter sent via a postal service provider or by email. The User can but is not obliged to use the attached sample form for withdrawal from contract. In order to comply with the withdrawal period, it is sufficient to send a withdrawal before the expiry of the relevant period.
In the event of an effective withdrawal from the contract, under which no Services have been provided, the Company will return to the User, without undue delay, within 14 days of the date on which the Company receives User’s notice of withdrawal, all payments the Company received from the User. For refunds, the same payment method is used to initiate the transaction unless the User explicitly specifies otherwise.
If User has requested that the provision of Services begin during the withdrawal period, the User shall be obliged to pay the Company the amount proportional to the extent of the Services provided until the User has informed the Company of the withdrawal from the contract, compared to the total range of Services set out in contract. That means that the fees due for the Services provided by the Company will not be refunded.
If Company requests information from User, User will provide Company with true, accurate, current, and complete information. The User will promptly update their information to keep it accurate, current, and complete. If Company issues User an access link, the User may not reveal it to anyone else. The User may not use anyone else's password. The User is responsible for maintaining the confidentiality of their account and password. User agrees to immediately notify Company of any unauthorized use of User's password or account or any other breach of security. User also agrees to exit from User's accounts at the end of each session. Company will not be responsible for any loss or damage that may result if User fails to comply with these requirements.
User shall be responsible for all activity occurring under User's account and will comply with all applicable laws in connection with User's use of the Services.
If User chooses a username or avatar that, in Licensor's sole discretion, is obscene, indecent, abusive or that infringes third party rights, Company reserves the right, without prior notice to User, to automatically change the User username or avatar, delete User posts, deny User access to the Website, or any combination of these options.
The User may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
Apart from other orders and prohibitions included in these Terms, Users are prohibited:
The User has the right to lodge a complaint regarding the quality of the Services performed by the Company within 14 days of the day following the day the Services were performed.
The notice of complaint shall be sent to the Company via e-mail to the e-mail address indicated on the Website. The User shall indicate in the notice of complaint his or her communication data, including email address, the Services being subject of the complaint, specific reasons for complaint, as well as define in addition her or his expectations.
Lodging a complaint does not release the User from the obligation to pay full price for the Services.
The Company shall reply to the User’s complaint within 14 days of the date on which the Company received the User’s complaint presenting the User a proposal of resolving the problem described in the User’s complaint. The User may refuse to accept the Company’s proposal making a proper declaration within 3 days of the date on which the User received the Company’s proposal. If the User does not make any declaration within the indicated period of time, the Company’s proposal shall be deemed accepted.
The Company may immediately terminate or suspend User's use of the Services if User (i) violates the present Terms & Conditions or violates any laws or statutory provisions; (ii) violates any right of a third party; (iii) provides false or inaccurate information in the User Account; (iv) fails to pay any applicable fees when due, or (v) breaches or otherwise fails to comply with any other provisions of the contract concluded with the Company.
Upon termination by the Company of the contract concluded with the User or any part thereof as a result of User's breach, negligence or default, Company will have no obligation to refund to User any fees paid by User.
The User shall indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses including attorneys’ fees, arising out of their use of the Website, including but not limited to the violation of the Terms.
To the fullest extent provided by law, in no event will Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with User’s use, or inability to use, the Website or any Product, or Services on the Website including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
The User placing files, comments or any other Content on the Website shall be responsible for the consequences of such actions, as well as for the consequences of granting, in accordance with the Terms of Use, licenses, approvals and authorizations by the User, including rights granted by the User within the scope of the rights referred to above. If any entity raises any claims against the Company in relation to the placement, by a User, of specific files, comments or any other Content on the Website, or in relation to the granting, in accordance with the Terms of Use, of licenses, approvals and authorizations by the User, including in relation to the Company exercising the rights granted by the User within the limits of the said rights, the User shall be obliged to satisfy justified claims of the Company or of the said entity in an unconditional and irrevocable manner and on first demand of the Company or of the relevant entity. If the Company has already satisfied such claims, the User shall be obliged to pay all the costs incurred in relation to that by the Company, including costs of legal assistance. The User’s obligations specified under this paragraph relate to the situation in which the third party claims under this paragraph are a direct consequence of the User’s action or negligence in relation to the placement of specific Content on the Website.
The User undertakes, once third parties raise claims against the Company in relation to the infringement of any of their rights by Content placed by the User in any of the forms available on the Website or any other action undertaken by the User via the Website or in connection with its Content, to join the case in the Company’s place or join the case as an outside intervener and assume the entire costs of potential court proceedings, the costs of legal representation and damages awarded or determined by voluntary settlement.
To the maximum extent permitted by applicable law, the Company will not be liable for any damages that exceed the total amounts paid by User to Company for the Services.
The User is obliged to keep and secure confidentiality of all information related to co-operation conditions, as well as of all information obtained during cooperation, including especially information about business practices, day-to-day business operations, capabilities, management styles, current and future strategies, financial information systems, marketing information, software, technologies, processes, procedures, methods and must not to disclose this information to any third party. This duty shall become extinct only when an obligation to disclose information arises from the applicable provisions of law or act of the entitled public authority or the Company gives a written consent for disclosing such information.
All disputes arising out of the contract concluded between the Company and the User or in connection with it that have not been resolved amicably, shall be subject to the Polish common jurisdiction proper for the City of Bromberg (Bydgoszcz), EU. Polish law is applicable.
Except as otherwise indicated in the present Terms, the Website and all text, images, marks, logos and other Content contained herein, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, video files, other files, and the selection and arrangement thereof are the proprietary property of the Company or its licensors and are protected by applicable intellectual property laws. Nobody may modify, reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose except in accordance with the Terms. A User may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, dispose or use of derivative works of, sell, license, or otherwise exploit the Website or any Content available on the Website, except as expressly permitted by these Terms. The User must not delete or alter any watermarks, copyright, trademark or other proprietary rights notices from copies of materials.
The technology and the software underlying the Website are the property of the Company or its licensors and are protected by applicable intellectual property laws. Nobody may copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Website. The User must not modify or attack the software underlying the Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. Unauthorized access to the Website is a breach of the Terms and a violation of the law. The User agrees not to access the Website by any means other than through the interface that is provided by the Company for use in accessing the Website. The User agrees not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website, except those automated means that Company has approved in advance in writing.
If individual clauses of the Terms become partially or wholly invalid or unenforceable, the validity of the remaining provisions shall not be affected.
The Company’s failure to enforce any right or provisions of the present Terms will not constitute a waiver of such or any other provision.
The User may not assign any of their rights under the present Terms to any third party. The Company reserves the right to assign its rights under the present Terms to any other individual or entity at its sole discretion.
These Terms shall bind all parties and prevail in any and all prior and existing contracts between the User and the Company.
The Company reserves the right, at its own discretion to modify or replace any part of these Terms. The Users’ continued use of or access to the Website following the posting of any changes to the Terms constitutes acceptance of those changes. The Company may also, in the future offer new services and/or features through the Website. Such new features and/or services shall be subject to the Terms.
All statements arising from the contract existing between the User and the Company or connected with them shall be placed by the parties in writing in the English language and sent in accordance with the correspondence data indicated by the parties. In the case of any change of those data, the party whose such change concerns is obliged to notify the second party about the change without any delay. If the party does not fulfil this duty, the correspondence sent according to data previously noticed, will be treated as properly and successfully delivered.
Enclosure
In ...................... dated ...................
I hereby notify you that I withdraw from a contract of purchase regarding the following Services:
Purchase order date: ................................
Purchase order number: ..............................
Description of Services if you are withdrawing only from part of the contract: ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Name and surname