General provisions
1. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and ,GA SEKOPSTRAMS Calwer Str. 7, 71034 Böblingen, GERMANY, 017080318ED :.rNdI-tSU , e-mail: infe@olearningspreamoc.d or elearnings@daerpsmartspokemoc.s, concerning your access to and use of our website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
2. These Terms of Service, your use of the Site, as well as contracts concluded with us are governed by and construed in accordance with Polish laws. Those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
3. All orders placed through the Site are subject to conditions specified in the order page and below.
Our services
4. We dedicate our Site to the promotion of the rapidly growing branch of educational technology and, in particular, online e-learning. You can use these functionalities through our Site for free, or, where placing an order is required, after accepting and meeting the conditions provided on the order page (“Services”).
5. The types of Services offered through the Site include, but are not limited to:
• Enabling you to upload your articles for the purpose of their free publication in the blog section, subject to our Terms of Use.
• Enabling you to upload paid, promoted articles.
• Depending on the content provided – free or paid access to audio files, video files and e-books.
• Paid access to other educational materials, including e-learning courses and digital products, such as templates.
• Free subscription to our Newsletter on industry events, new articles, industry news and insights, new e-learning opportunities and similar content.
6. In case of paid Services, communication methods, total price, payment methods and dates, as well as the method and date of delivering our Services, will be communicated to you before placing the order, either through the Site or directly. Unless specified otherwise, our Services are provided after ordering one of the specific packages listed and detailed on the order page.
7. Where stated in the order page or otherwise explicitly communicated to you, for orders of third-party Services placed through the Site, we act exclusively as an intermediary and the transaction is concluded between you and the seller. In this case, your consumer rights-related requests should be directed to the seller and are subject to seller’s terms and conditions. To allow you to make an informed decision, we will provide you with details of such seller before placing an order. Please make sure you know and understand his terms and conditions before placing the order.
Conditions for providing the Services
8. The scope of our Services, communication methods, total price, payment methods and dates, as well as the method and date of delivering our Services, will be communicated to you before placing the order, either through the Site or directly.
9. The condition for using the paid Services is the prior payment, as well as – where applicable – technical abilities to use the Content provided as a part of Services, in particular:
• having equipment and an internet connection enabling use of our Site,
• depending on the type of Services ordered – having software enabling you to open audio and video files, e-books (EPUB, MOBI, PDF), as well as archive (.zip, .rar) files,
• having an e-mail account,
• using the current version of one of the following web browsers: Microsoft Edge, Opera, Firefox or Google Chrome.
Claims and complaints
10. All complaints should be sent to the address indicated in section 1 above, by e-mail or traditional mail. The complaint should include:
• Your first and last name,
• your mailing address and e-mail address,
• Description of the complaint (e.g. to what extent the order has not been fulfilled correctly),
• Expected state after settling the complaint.
11. Complaints will be considered within 30 days of their receipt. The answer will be sent to the e-mail address provided by you.
12. We may request you to provide information necessary to solve the request, specifying a period not shorter than 7 days and the scope of required information, with the instruction that failure to complete the request within the specified period will result in the request not being considered. After the expiry of the designated deadline, the complaint shall not be considered.
13. Customers enjoy possibilities of using out-of-court complaint and redress procedures. If you wish to follow such procedure, please contact us so we might suggest a procedure appropriate for your case.
Cancellation policy
14. If you are a consumer, you can cancel your order within 14 days of placing it, provided that the services haven’t already been performed.
15. You can cancel your order either through the Site or by contacting us directly. The model cancellation template that can be copied and completed only if you wish to withdraw from the contract is as follows:
• Addressee: (our details from section 1 of the Terms of Service)
• I (*) inform (*) about my withdrawal from the contract for the provision of the following services (*)
• The date of conclusion of the contract (*)
• Name and surname of the customer(s)
• Address of the customer(s)
• Signature of the customer(s) (only if the form is sent in paper version or scan)
• Date
16. Consequences of withdrawal from the contract: In the event of withdrawal from this contract, we will refund payments received from you, including the costs of delivering the product, immediately and in any case, no later than 14 days from the date on which we were informed about the decision to exercise the right to withdraw from this contract. Refunds will be made using the same payment methods that were used in the original transaction, unless expressly agreed otherwise; in no event will you incur any fees related to this return.
Dispute resolution
17. Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in Germany, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Germany.
18. Consumers enjoy out-of-court complaint and redress mechanisms. If you wish to use such a procedure, please contact us so that we can propose a procedure that is appropriate to your case.
19. Consumers enjoy the following exemplary possibilities of using extrajudicial means of dealing with complaints and redress:
• application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/);
• application for an out-of-court dispute resolution to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity by the Service Provider); and
• assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided, inter alia, by e-mail at bilety@dlakonsumentow.pl and at the consumer helpline number +48-801-440-220 (the hotline is open on Working Days, from 8:00 to 18:00, connection fee according to the operator’s tariff).
• at http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection).
Limitations of liability
20. To the fullest extent permitted by law, in no event will we, our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site and our Services, even if we have been advised of the possibility of such damages.
21. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Site and Services;
(3) breach of these Terms of Service;
(4) any breach of your representations and warranties set forth in these Terms of Service;
(5) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
22. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
23. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
24. No limitations of liability specified in these Terms of Service refer to your indispensable consumer rights. No provision in these Terms of Service is designed or aimed at:
• the exclusion or limitation of liability to the consumer for personal injury;
• exclusion or significant limitation of liability to the consumer for non-performance or improper performance of an obligation;
• exclusion or significant limitation of the deduction of the consumer’s claims with the other party’s claim;
• including the provisions with which the consumer was not able to read before concluding the contract;
• authorizing us to transfer the rights and transfer the obligations arising from the contract without the consent of the consumer;
• making the conclusion of the contract conditional on the consumer’s promise to conclude further contracts of a similar type in the future;
• making the conclusion, content or performance of the contract conditional on the conclusion of another contract not directly related to our Terms of Service and Terms of Use;
• making the performance of the service dependent on circumstances dependent only on our will;
• granting the us the right to make a binding interpretation of the contract;
• granting us rights to unilaterally amend the contract without a valid reason indicated in the contract;
• granting only the Service Provider the right to state compliance with the contract;
• exclusion of the obligation to return to the consumer the payment made for the service not fully or partially fulfilled, if the consumer resigns from concluding the contract or its performance;
• foreseeing the loss of the right to demand the return of the consumer’s performance fulfilled earlier than the service provider’s performance, when the parties terminate, terminate or withdraw from the contract;
• depriving only the consumer of the right to terminate the contract, withdraw from it or terminate it;
• reservation of the Service Provider’s right to terminate an agreement concluded for an indefinite period, without indicating important reasons and an appropriate notice period;
• imposing only on the consumer the obligation to pay the agreed amount in the event of resignation from concluding or performing the contract;
• imposing on a consumer who has not performed an obligation or withdrew from the contract the obligation to pay a grossly excessive contractual penalty or compensation;
• introducing the possibility of automatic renewal of a contract concluded for a specified period, unless the consumer for whom an abnormally short period has been reserved does not submit a contrary statement;
• providing only for the Service Provider the unilateral right to change, without important reasons, the essential features of the service;
• providing for the Service Provider’s right to determine or increase the price or remuneration after the conclusion of the contract without granting the consumer the right to withdraw from the contract;
• making our liability dependent on the performance of obligations by persons through whom the consumer’s contractor concludes a contract or with the help of which he performs his obligation, or making this liability dependent on the fulfillment of excessively onerous formalities by the consumer;
• anticipating the obligation to perform the obligation by the consumer despite the non-performance or improper performance of the obligation by us. Final provisions
25. These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
26. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
27. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
28. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
29. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
30. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time, for important reasons such as changes to the applicable law. We will alert you about any changes to these Terms of Service, using the e-mail address you provided . If you do not agree with the updates to these Terms of Service, let us know within 14 days of receiving an alert. Lack of timely objection means you agree to the new version Terms of Service.
31. These Terms of Service remain binding until you use or have a valid account on our Site and until you pay us all the remaining fees, commissions and remuneration, 2 years after that date, and later – to extent implied by the nature of rights and obligations created under these Terms of Service, in particular until the end of limitation periods for any legal claims.
32. Our Terms of Use are hereby incorporated by constitute and integral part of these Terms of Service.
33. The Parties may agree an earlier termination of the Terms of Service.