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Terms and conditions of electronic services provided on https://eklektika.pl/platforma-angielskiego/ e-learning platform

I. General

The https://eklektika.pl/platforma-angielskiego/ service, henceforth referred to as the ‘Service’ is an information and communication system designed for English language learning. The Service provides specialized online English courses. Each course comprises language lessons, quizzes, text and video materials.

The owner of the Service, henceforth referred to as the Provider, is:
EKLEKTIKA Spółka z ograniczoną odpowiedzialnością, with its registered office at Opaczewska 15/31, 02-368 Warszawa, entered into the National Court Registered maintained by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register, under KRS number 0000493181, 701-04-08-522, REGON: 147047950

The Provider can be contacted by mail at biuro@eklektika.pl, a contact form available at https://eklektika.pl/en/contact/, by phone at +48 22 622 86 69 or in writing to the address of the Provider’s registered office.

In order to use the Service, a User must submit a declaration confirming that he or she is acquainted with the contents of these Terms and Conditions, as well as of the Privacy Policy, and that he or she accepts the provisions of these Terms and Conditions and of the Privacy Policy.

The current version of the Privacy Policy is available at https://eklektika.pl/en/privacy-policy/

II. Technical requirements

To use the platform, an appropriately configured computer connected to the Internet is required. Some of the functionalities can also be used on compatible tablets and mobile phones.

Internet browser
For the system to work properly, a computer with Internet access is required, with one of the following browsers installed on it:
1) Google Chrome – the newest stable version
2) Mozilla Firefox – the newest stable version
3) Internet Explorer 9, 10, 11
4) Microsoft Edge – the newest stable version
5) Opera – the newest stable version
6) Apple Safari – the newest stable version

Requirements concerning browser configuration:
1) Cookies enabled,
2) JavaScript enabled,
3) Adobe Flash Player 20 or newer installed,
4) SSL protocol enabled.

Operating system
Due to differences in how individual browsers work, some of the functionalities of the Service may not work properly on computers using an operating system other than Microsoft Windows. We recommend using Windows 7, Windows 8.1 or Windows 10.
Users who use the Linux system are recommended to use the Service through the Google Chrome browser.

Hardware requirements
The hardware configuration of the computer must meet the minimum requirements set by the providers of the operating system and the browser.
The computer should be equipped with a sound card and headphones or speakers.
Information for users of mobile devices
Most of the functionalities of the Service are also available on compatible mobile phones and tablets. An Internet connection is required. We recommend using the current versions of the Android, iOS or Windows Phone systems. Mobile device users are recommended to use the Service directly in the Internet browser, after logging in at https://eklektika.pl/en/log-in/. To optimize the experience, we recommend using the newest stable version of the Internet browser.

The Provider accepts no responsibility for problems experienced while using the Service that are due to inappropriate software or hardware configuration by the User, or to problems with hardware or Internet connection on the part of the User.

III. User Accounts

1) The Service can be used by natural persons. Natural persons without legal capacity or with limited legal capacity may use the Service under permission from their legal representative or guardian.

2) In order to use the Service, a User sets up an account by filling in a registration form available on the website of the Service.

3) One person may not set up several accounts or make his or her account available to other people.

4) The name of the account (login) may not:

a) be a word commonly considered obscene,

b) be a website address,

c) infringe on the rights of third parties.

5) The name of the account is visible to all the Users of the Service.

6) By setting up a new account, the User gets access to demonstration versions of courses.

7) The User of the Service is required to notify the Provider of each change of his or her email address, and to update his or her account details within the Service.

8) The User undertakes to safeguard confidential information, such as his or her password to the Service.

9) A User may not attempt to access resources which he or she is not authorized to access and to use automatized tools to send data to or download data from the Provider’s servers.

10) The Provider is entitled to block access to the Service of any User who does not comply with these Terms and Conditions, or to delete the account of any such User.

11) The User has the right to stop using the Service and to delete his or her account. In order to delete an account, the User should contact the Provider by mail at biuro@eklektika.pl or a contact form available at https://eklektika.pl/en/contact/

12)The Provider is entitled to delete the User’s account if:

a) The User has completed a course,

b) The validity period of the course in the Service has expired,

c) The User has not been active in the Service for over 12 months.

IV. Fees and payments

1) Access to courses and learning materials available on the Service is subject to fees. The User makes a payment for access in the amount listed in the Fee Schedule for a specified period of time.

2) The User is required to submit payment prior to getting access to requested courses and learning materials. The day of payment is the day when an order to debit the Provider’s bank account is made.

3) The Provider accepts the following forms of payment: payment via PayPal, DotPay or bank transfer to the Provider’s bank account.

4) The day of payment is the day on which the User and the Provider conclude a contract for educational services via the Service under these Terms and Conditions.

5) The Provider will make the services ordered available to the User upon receiving a confirmation of the payment made by the User.

6) When the period for which the User has bought access expires, access to courses and educational material is blocked.

7) Should the User buy access to courses and educational materials for another period of time, this period begins on the day of payment.

8) The prices of the courses listed on the website will be augmented by the VAT tax in the amount mandated by the law.

9) A VAT invoice is issued upon the User’s request and requires the submission of the required data (information about the services for which the invoice is to be issued, the buyer’s name and address, tax identification number).

10) The terms and conditions of promotions and of redeeming coupons purchased via group purchase services are set forth separately.

11) The User has the right to withdraw from the agreement after payment without providing reasons by submitting a written note to the Provider within 14 days of the conclusion of the agreement.

12) The withdrawal note should be sent to the Provider at the address provided on the Contact page.

13) In the case of withdrawal from the agreement, the fee paid by the User is returned with no undue delay, no later than within 14 days. The User indicates how the fee is to be returned in the withdrawal note.

14) A User who has started using the course within 14 days of the conclusion of the agreement is not entitled to withdraw from the agreement.

15) The User has the right to withdraw from the purchased course within 14 days from the date of starting the course, without providing any reason. The withdrawal should be submitted to the e-mail address of the Service Provider given on the website https://eklektika.pl/en/contact/. If the withdrawal is submitted within this period and the User does not use the course after 14 days from the start of the course, the Service Provider shall return to the User an amount equivalent to the price paid for the cours

V. User complaints

1) A complaint filed by the User of the Service due to the Provider’s failure to perform or to adequately perform services should contain:

a) The first and last name and contact information of the person filing the complaint,

b) The username of the User affected by the issue,

c) The reason for the complaint, including the specification of any supporting circumstances,

d) Signature of the person filing the complaint and date.

2) The complaint should be sent by electronic or traditional mail to the Provider’s address as shown on the Contact page.

3) A replay will be sent in the same form in which the complaint was received to the address provided in the complaint.

4) The complaint will be considered within 14 days of its receipt in writing, unless applicable laws specify another deadline.

5) In special cases, i.e. when unusual actions and investigations are required to respond to the complaint, or when the Provider encounters independent obstacles for which it is not responsible, the deadline may be extended, but by no more than 14 days.

6) In situations when additional explanations are required from the User to respond to a complaint, the deadline will be extended by the time it takes for the User to provide such explanations.

VI. Account learning history

1) In order to evaluate and optimize the learning process, the Service collects data on the User’s learning progress, including information on exercises and revisions done, tests taken and the number of words learned.

2) The Provider is entitled to process the data specified in VI.1 above.

3) The User may demand that the data mentioned in VI.1 above and stored in the Service be removed.

4) The data mentioned in VI.1 above will be stored in the Service for a period not shorter than 12 months. Data is not stored for accounts that have been removed.

VII. Satisfaction guarantee and compensation for Service downtime

1) The Provider reserves the right to apply technical maintenance downtimes. Technical maintenance downtime will be long enough to allow the User to perform necessary actions, but no longer than 8 hours.

2) In the case unavailability of the Service or of an important portion of it for which the Provider is responsible lasting over 8 hours, the Provider will extend the agreement period by a time equal to the duration of the downtime, rounded up to one full day.

3) In order to receive such an extension, the User must notify the provider of the unavailability of the Service or an important part of it.

4) The Provider’s guarantee does not exclude or limit the User’s rights on account of improper performance of the agreement.

VIII. Privacy policy and personal data protection

1) By registering in the service, the User consents to the processing of his or her personal data by the Provider in compliance with the provisions of the law, including the Regulation of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, henceforth “GDPR”, for purposes related to the use of the service, transaction settlement and the collection of general data on the Users of the service.

2) The User may also consent to the mailing of advertising content and marketing information from the service. The decision on the receipt of marketing content made at registration can be changed by the User at any point in account settings, because the use of the service is not dependent on the User’s consent to receive marketing information.

3) We hereby inform that the Controller of your personal data is EKLEKTIKA Sp. z o.o. with its registered office in Warsaw, ul. Opaczewska 3, 15/31 Warszawa.

The data controller can be contacted by mail at biuro@eklektika.pl, a contact form available at https://eklektika.pl/en/contact, by phone at +48 22 622 86 69 or in writing to the address of the controller’s registered office.

Your personal data will be processed:

  • to perform the agreement to which you are a party – the legal basis is the agreement concluded between you and EKLEKTIKA (Art. 6.1.b of Regulation 2016/679); the agreement is concluded on the day you pay for the service;
  • in order to determine or pursue potential claims or to defend EKLEKTIKA against such claims – the legal basis is the Controller’s legitimate interest (Art. 6.1.f of Regulation 2016/679).

In matters not regulated here, the Privacy policy applies: https://eklektika.pl/en/privacy-policy/

Course content and copyright

1) The materials included in the Service are covered by copyright and are protected under copyright and related laws.

2) The materials made available by the Provider in the Service can only be used by a User who has concluded an agreement with the Provider.

3) The User can print out materials from the Service for personal use, without the right of further distribution.

Final provisions

1) The Provider reserves the right to introduce changes to these Terms and Conditions.

2) The Provider shall notify the Users of changes to the Terms and Conditions by email sent to the address connected with the User’s login, or in a pop-up window that will appear upon the User’s first login after the introduction of the changes.

3) The User has 14 days from the receipt of the message described above to accept the changes.

4) If the User does not accept the changes to the Terms and Conditions, the Provider is entitled to withdraw from the agreement within 3 days of the lapse of the deadline for the acceptance of the changes.

5) Polish law is applicable to all legal relations stemming from these Terms and Conditions.

Updated on 04.09.2021