TERMS AND CONDITIONS of „Twoja Szkoła”
§ 1
GENERAL PROVISIONS
1. The Language School „Twoja Szkoła” is run by the Foundation Fundacja Rozwoju Przedsiębiorczości „Twój StartUp”, with its registered office in Warsaw at 6/12 Żurawia St., Apt. 766, 00-503 Warsaw, address for correspondence: 123a Jerozolimskie Ave., 02-017 Warsaw, Atlas Tower, 18th floor, entered into the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS No. (National Court Register No.) 0000442857, NIP No. (Tax ID No.) 5213641211, REGON No. (Statistical ID No.) 14643346700000, BDO No. (Waste database No.) 000460502, e-mail: szkola@twojstartup.pl, hereinafter referred to as the School .
2. The school also runs an internet portal at https://szkola.twojstartup.pl/ (hereinafter referred to as the Portal).
3. It is possible to get familiar with the School’s language courses offer via the Portal; to get familiar with the teaching staff of the School; to enrol in a selected language course conducted by the School; to pay for the selected language course conducted by the School and to get opinion on the language courses conducted by the School and their availability. In order to use the Portal, it is necessary to have a device that meets the technical requirements indicated in § 6 sec. 2 point 1.
4. The Terms and Conditions define the rules for enrolling in language courses conducted by the School and the rules for conducting language courses by the School.
5. The regulations are made available free of charge before the conclusion of the contract, as well as available free of charge to everyone in a form that enables its acquisition, reproduction and saving at: https://szkola.twojstartup.pl/regulamin/.
6. The school provides its teaching services for a fee (hereinafter the Course or Courses) in full-time or online mode, in a group or individual form.
7. Each participant of the Courses conducted by the School, hereinafter referred to as the Student, is obliged to read the Terms and Conditions and the Privacy Policy. Registration and participation in the Course is possible only after accepting the Terms and Conditions and the Privacy Policy.
8. Only a natural person with full legal capacity may be a student. The Agreement for participation in the Course may be concluded with a Student, a legal person or an organizational unit that is not a legal person, which the law recognizes as legal capacity. In the case of concluding the Agreement with a legal person or an organizational unit that is not a legal person, the law of which grants legal capacity, this entity indicates a natural person who will be a Student.
9. The duration of one class unit is each time specified in the description of a given Course.
10. The School decides on the level and advancement of the Course in which the Student may participate. The school conducts level tests. Changing the level of the Course during its duration is only possible if there are vacancies available for Courses conducted at a different level.
11. The student undertakes to purchase at his own expense didactic materials, in particular a textbook, indicated by the Lector as necessary for the needs of a given Course.
12. The School informs that the use of services provided electronically is associated with threats resulting from the generally accessible nature of the Internet, including in particular the possibility of obtaining or modifying the transferred Student data by unauthorized third parties. In order to minimize the above risk, the Student should apply appropriate security measures, in particular use anti-virus programs and not use open access points.
13. The School informs that it uses cookies (software that is not a component of the service content), introduced into the Student’s ICT system.
§ 2
METHOD OF CONCLUDING THE CONTRACT
1. The Agreement for participation in the Course (hereinafter the Agreement) between the Student and the School is concluded remotely, without the simultaneous physical presence of the Parties.
2. The Agreement is concluded by completing and sending the registration form by the Student, available at https://szkola.twojstartup.pl/zamawiam/ (hereinafter the Application). In order to send the Application, it is necessary to read and accept the Regulations.
3. In the Application, the Student is obliged to provide the following data:
a) first names;
b) surnames;
c) home address (street, zip code, city, country / region);
d) contact telephone number;
e) e-mail address.
4. The Agreement comes into force on the date of confirmation of the Application by the School and is concluded for a definite period of time, that is for the duration of a given Course. The Student is required to pay the Tuition Fee.
5. The starting date of a given Course and the schedule of the group Course are determined by the School. The starting date of the given Course and the schedule are subject to change. The starting date of the Course and its schedule, after they are approved by the School, will be sent to the Student to the e-mail address provided in the Application. If the Student does not accept the School’s start date and schedule approved by the School, the Student may withdraw from the contract within three days from the date of delivery of information about the approval of the Course’s start date and schedule.
6. If the Student does not send the information about the approval or non-approval of the starting date of a given Course and its schedule within the specified time, it is considered that the Student accepts this date and schedule.
7. The starting date and schedule of the Individual Course is determined by the Student in consultation with the Teacher.
§ 3
CONSUMER’S RIGHT TO WITHDRAW FROM THE CONTRACT
1. A student who is a consumer has the right to withdraw from the concluded Agreement without giving a reason and without incurring costs. The contract from which the withdrawal was made is considered void.
2. Pursuant to Art. 221 of the Act of 23 April 1964 Civil Code, a consumer is a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.
3. In the event of an intention to withdraw from the contract, the Student submits a statement of withdrawal from the contract and sends it to the School within 14 (say: fourteen) days from the date of the Contract. In order to meet the deadline, it is enough to send the statement before its expiry to the address of the School or a scan of the signed statement to the school’s e-mail address: szkola@twojstartup.pl. The template of declaration of withdrawal, which can be used by a Student who is a consumer, constitutes an appendix to the Regulations.
4. The School will reimburse the paid Tuition using the same method that the Student used, unless the Student agrees with the School on a different method of reimbursement that does not involve any costs for him.
5. If the Student has sent the declaration of withdrawal from the contract before receiving the confirmation of the Application, the Application is cancelled.
6. The right to withdraw from a contract concluded outside the business premises or at a distance does not apply to contracts:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
c) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
d) in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
e) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
f) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
g) in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 (say: thirty) days and the value of which depends on fluctuations in the market over which the entrepreneur has no control;
h) in which the consumer has expressly demanded that the entrepreneur come to him to perform urgent repairs or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract for additional services or items;
i) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery for the
delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
j) concluded through a public auction;
k) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
l) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
7. The School will issue to the Student a document of concluding a distance contract or confirmation of its conclusion, recorded on paper or, if the Student agrees, on another durable medium.
§ 4
FORMS OF PAYMENT
1. The Course Price List is available on the Portal at: https://szkola.twojstartup.pl/#wybierz-kurs. The given prices are gross prices, i.e. they include the due tax on goods and services (VAT).
2. The fee for a given Course (hereinafter the Tuition) is paid in advance when enrolling in the Course. The payment of the Tuition fee can be made by bank transfer to the School’s bank account: 13 1140 1010 0000 5433 5900 1025 run by mBank S.A. with its registered office in Warsaw. The transfer title should include the name and surname of the Student and the month / instalment for which the Tuition is paid.
3. Refund of the paid Tuition fee, in the cases specified in § 3 sec. 4, § 5 sec. 7 and 8 and § 7 sec. 12 and 13 of the Regulations shall be made to the bank account from which the payment for the Tuition was made.
4. The reimbursement may also be made in a different form for which the Student has agreed, and which does not involve any costs for him.
5. In the case of a Student who is also the Beneficiary of the School, the Student authorizes the School to charge the fee for the Course from its sub-account. If there is no sufficient amount on the sub-account to cover the fee for the Course, the Student replenishes the remaining missing part in accordance with the preceding paragraphs.
§ 5
CLASSES IN STATIONARY MODE
1. The place of conducting classes in the stationary mode will be each time indicated in the description of the Course.
2. Classes on a stationary basis are conducted in a group or individual form.
3. Group classes in the stationary mode, depending on the type of Courses, are conducted in groups of 4-8 people.
4. Group classes in the stationary mode are conducted according to the schedule established before the beginning of a given Course.
5. Registration for a given group is based on the order of applications.
6. Individual classes in the full-time mode are conducted in accordance with the schedule established by the Lector and the Student.
7. In the event that the number of Students to a given group is lower than the minimum indicated in section 3 points 1) and 2) of this paragraph, the School has the right to cancel the Course for a given group before its commencement. In this case, the School, at the Student’s choice: will refund the tuition fee paid by the Student of the cancelled group or assign the Student to another group.
8. If the classes are not carried out for reasons attributable to the School, the classes will be completed on a different date agreed with the Students. In the event that this is not possible, the proportional part of the Tuition for a given month will, at the Student’s option, be credited towards the tuition for the following month or returned to the Student.
9. In the case of individual classes, the Student may cancel the classes no later than 24 (in words: twenty-four) hours, excluding non-working days, before the scheduled start time. In such a case, these classes will be done on a different date. If the classes are cancelled later than 24 (in words: twenty four) hours before the planned start time, the classes are considered to have been conducted.
10. The School has the right to change the Lector during the course for important reasons.
§ 6
ONLINE CLASSES
1. Online classes are conducted via the Zoom internet communicator or another program indicated by the School in the course description (hereinafter the Messenger).
2. Participation in online classes requires:
a) having a stable connection and access to the Internet, with a capacity of not less than 1 (in words: one) Mbps;
b) having a device that meets the technical requirements for installation and using the Messenger, including one with a functioning microphone and camera.
3. The Zoom application is available for download at: https://zoom.us/download/.
4. Using the Zoom requires creating an account and accepting the regulations, available at: https://zoom.us/terms/.
5. The technical requirements of the ICT system necessary to use Zoom are available on the Zoom website, available at:
a) for desktop computers:
b) for mobile devices:
6. Online classes are conducted in a group or individual form.
7. Online classes are conducted with the use of audio and video transmission (teleconference).
8. Online group classes are conducted depending on the type of Course in groups of 4-8 people.
9. Online group classes are conducted according to the schedule established before the beginning of a given Course.
10. Registration for a given group is based on the order of applications.
11. Individual online classes are conducted in accordance with the schedule established by the Teacher and the Student.
12. In the event that the number of Students to a given group is lower than the minimum indicated in section 3 points 1) and 2) and this paragraph, the School has the right to cancel the Course for a given group before its commencement. In this case, the School, at the Student’s choice: will refund the tuition fee paid by the Student of the cancelled group or assign the Student to another group.
13. If the classes are not carried out for reasons attributable to the School, the classes will be completed on a different date agreed with the Students. In the event that this is not possible,
the proportional part of the Tuition for a given month will be, at the Student’s option, credited towards the tuition fee for the next month or returned to the Student,
14. In the case of individual classes, the Student may cancel the classes no later than 24 (in words: twenty-four) hours, excluding non-working days, before the scheduled start time. In such a case, these classes will be done on a different date. If the classes are cancelled later than 24 (in words: twenty four) hours before the planned start time, the classes are considered to have been conducted.
15. The School has the right to change the Teacher during the course for important reasons.
§ 7
SCHOOL RESPONSIBILITY
1. Due to the fact that the Contract for Participation in the Course is a contract for the provision of services such as language teaching services, as well as the fact that language learning depends on many factors beyond the control of the School, the School does not is responsible for the level of language mastery by the Student, and only for the proper conduct of classes within a given course.
2. The School is not responsible for the results of the language exams the Student will take after the Course.
3. The School is not responsible for devices and infrastructure, including malfunctions of public teleinformatic networks, causing e.g. lack of or disruptions to the Internet access used by the Student.
4. The School is not responsible for any damages related to the quality of the equipment used by the Student and the way the Student uses the service.
§ 8
COMPLAINT PROCEDURE
1. The student has the right to file a complaint regarding the services provided by the School.
2. Complaints are submitted by the Student in writing to the following address: Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” 6/12 Żurawia St., office 766, 00-503 Warsaw or electronically to the following e-mail address: szkola@twojstartup.pl.
3. The school will consider the complaint within 30 (in words: thirty) days from the date of receipt of the complaint.
4. The School will notify the Student about the result of considering the complaint immediately in writing or via e-mail to the e-mail address provided by the Student in the complaint.
§ 9
SCHOOL CONTACT DETAILS
You can contact the School:
a) by phone, at the number: 730 395 626;
b) via e-mail to the following e-mail address: szkola@twojstartup.pl;
c) in writing, to the following address: Fundacja Rozwoju Przedsiębiorczości “Twój StartUp” 123 A Jerozolimskie Avenue, Atlas Tower 18th floor, 02-017 Warsaw
§ 10
PROVIDING ILLEGAL CONTENT
1. The student may not post illegal, inconsistent with applicable law, immoral content or infringing the good of third parties, and may not post links to pornographic, obscene or offensive materials.
2. The student is obliged to refrain from any activity that could affect the proper functioning of the school’s IT system or the Messenger, including in particular any interference with the way the server works or its technical elements.
3. Using the Portal or Messenger involves the possibility of third parties interfering with the data provided by the Student and the transmission of such data.
§ 11
INFORMATION CLAUSE
1. The administrator of personal data obtained in connection with the process of concluding and performing contracts for participation in the Courses is the School.
2. The exercise of the rights resulting from the rules of personal data protection is possible by contacting the Administrator by e-mail: rodo@twojstartup.pl or by post by sending a letter to the address of the School with the annotation “personal data protection”.
3. Full information on the principles of personal data processing is available at https://szkola.twojstartup.pl/polityka-prywatnosci.
§ 12
FINAL PROVISIONS
1. In matters not covered by the Terms and Conditions, Polish law shall apply, in particular the Act of April 23, 1964, the Civil Code, the Act of May 30, 2014 on consumer rights and the Act of July 18, 2002 on the provision of services. by electronic means.
2. The School has the right to amend the Terms and Conditions. The Student will be notified of the amendment to the Terms and Conditions by e-mail to the address indicated in the Application, no later than 14 (say: fourteen) days before the date of entry into force of the amendment to the Terms and Conditions. In the event that the Student does not accept the changes, he / she has the right to terminate the Agreement without notice. Amendments to the Terms and Conditions do not apply to services provided before the amendments are made.
3. The Terms and Conditions come into force on ______________.
§ 13
NOTICE ON EXTRAJUDICIAL DISPUTE SETTLEMENT
1. Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes), Fundacja Rozwoju Przedsiębiorczości “Twój Startup” based in Warsaw hereby provides an electronic link to the online dispute resolution platform: https://webgate.ec.europa.eu/odr.
2. The ODR platform enables out-of-court settlement of disputes between entrepreneurs and consumers. Settlement of disputes by this method is voluntary.
Template of the declaration of the Consumer’s withdrawal from the Agreement for the participation in the Course
(this form should be completed and returned only if you wish to withdraw from the contract)
Date: ………………………….
………………………………………………
(Name and surname of the person submitting the letter)
………………………………………………
………………………………………………
(address of the person submitting the letter)
Fundacja Rozwoju Przedsiębiorczości
“Twój StartUp”
6/12 Żurawia apt. 766
00-503 Warsaw
Statement
on withdrawal from the contract of participation in the Course
I, the undersigned, hereby withdraw from the following agreement:
1. Date of conclusion of the contract
2. Subject of the contract
……………………………
Consumer’s signature
