TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES
WITHIN THE OFFCOURSE E-LEARNING PLATFORM www.offcourse.app

Determined on the basis of art. 8 sec. 1 pt. 1 of the Act
on the provision of electronic services of 18 July 2002 (i.e. Polish Journal of Laws of 2019, item 123), hereinafter: “Terms and Conditions“.

§1.

GENERAL PROVISIONS

  1. These Terms and Conditons are available free of charge on the www.offcourse.app website in a form that allows them to be downloaded, read, saved and printed.
  2. The owner of the Offcourse E-learning Platform available at www.offcourse.app is Stacja Edukacja Mateusz Krawczyk company registered in Zielona Góra, at Kożuchowska 18/3, (postal code: 65-364), with Tax Identification Number (NIP) 9291825855.
  1. By registering on the Platform, the user consents to the processing of their personal data in accordance with the provisions of the Regulation of the European Parliament and of the Council (EU) of 27 April 2016 General Regulation on the Protection of Personal Data (UE Journal of Laws L 119 of 04.05.2016, p. 1)
  2. The Terms and Conditions define:
    1. the types and scope of services provided electronically,
    2. the conditions for the provision of electronic services,
    3. the conditions for concluding and terminating agreements for the provision of electronic services,
    4. the mode and manner of submitting reservations and complaints.
  3. Service Provider may indicate cooperating entities with the help of which the service is provided, e.g. internet payment operators. The stipulations of these Terms and Conditions apply to the extent not regulated clearly otherwise
    in agreements concluded between the User and Operator’s partners.
  4. Any written or electronic correspondence should be directed to the following contact details: by e-mail: contact@off.nebek.pl, mailing address: Poland, Zielona Góra, Kożuchowska 18/3, (postal code: 65-364).

§2.

DEFINITIONS

  1. Service Provider – Stacja Edukacja Mateusz Krawczyk company registered in Zielona Góra, at Kożuchowska 18/3, (postal code: 65-364), with Tax Identification Number (NIP) 9291825855
  2. Platform – Offcourse e-learning platform available at www.offcourse.app,providing access to four interactive English courses.
  3. Service – service provided electronically by Service Provider to the Service User, consisting in granting them access to the Platform facilitating English language learning and granting them the right to set up and delete Student accounts.
  4. Agreement -agreement for the provision of access services to the Platform, concluded between Service Provider and Service Recipient
  5. School – entity with which Service Provider has concluded an Agreement for the provision of electronic services regulating access to the Platform allowing the use of resources by Students.
  6. User/Users – School, Service Recipient, Student.
  7. School or Service Recipient – entity with which Service Provider concluded an Agreement regulating the principles of access to the Platform and the scope of rights.
  8. Student – user accessing the set of resources made available to them by Service User within the scope of their rights.
  9. Registration – one-time activity involving setting up an account for the User by Service Provider or, in the case of Student, by Service User, after providing the data necessary for this purpose.
  10. School Account – set of resources and rights of Service Recipient
    as part of the Platform, secured with a login and password.
  11. Language school panel – technical solution available on the Platform, enabling Service Recipient to manage student accounts by granting them access to courses and educational materials.
  12. Student account – set of resources and rights of Service Recipient as part of the Platform, secured with a login and password.
  13. Student panel – technical solution available on the Platform containing
    and providing access to educational materials.
  14. Device – device that meets the technical requirements to access the platform as specified in the Terms and Conditions and connected to the Internet.
  15. Content/Contents – data, text, graphic, audio or video files as posted by Service Provider on the Platform.

§3.
USER ACCOUNTS

  1. Creating an account for the School requires providing data such as the company/entrepreneur’s name, registered office, correspondence address along with an e-mail address and tax identification number (NIP).
  2. Registration is completely voluntary.
  3. After the School is registered by Service Provider, Service Recipient receives an e-mail to the specified address, containing an invitation to complete the registration along with a special code to be entered in the designated space on the Platform.
  4. Student Account may be set up by a person appointed by Service Recipient. The Agreement may stipulate the maximum number of student accounts that the School may register.
  5. To log in as User, it is required to provide a valid e-mail address and enter the correct password.
  6. The user is obliged to protect their account password and login from third parties.
  7. Retrieving the lost password or login to the Platform by the School is possible after prior notification of this fact to Service Provider, who, after verifying the application, will send a message containing a new login or password to the school’s e-mail address provided during registration.
  8. In case of loss of the password or login by the Student, sec. 5 of this paragraph of the Terms and Conditons apply accordingly, however, the activities of verification and sending a new login or password are carried out by the School.
  9. One User may only use one account.
  10. Users are not allowed to use e-mail addresses that may infringe the rights of third parties.
  11. Student account exists until the termination of the School Agreement with Service Provider and may be removed at any time after this date by Service Provider, subject to the situations referred to in §6 sec. 4 and in conjunction with §6 sec. 6 of the Terms and Conditons.
  12. If the account is created by a child under the age of 16, consent to the processing of personal data must be given by the parent or legal guardian.

§4.

ACCESS TO THE PLATFORM

  1. Service Recipient acquires the right to use the Platform on the basis of the Agreement concluded with Service Provider.
  2. The prerequisite for the use of the Platform is setting up an account by the User, reading the Terms and Conditions and information on the processing of personal data and accepting their content.
  3. The acceptance of the provisions of the Terms and Conditons and the information
    on the processing of personal data by the User is tantamount to submitting a statement by the User that they have read them, understood their content and fully accept their provisions while raising no objections to them.
  4. Service Provider provides Service Recipient with access to the Platform. Service Recipient pays for the use of the Platform. Service Provider does not charge any fees to Students.
  5. Service Recipient does not bear any additional fees related to the use of the Platform, subject to section 6 of this paragraph of the Agreement.
  6. The costs of Internet access are borne by the User, including the case of accessing
    the Internet via a mobile phone.
  7. Access to paid materials on the platform begins with the confirmation of payment on the website and activation of the access code.

§5.

TECHNICAL REQUIREMENTS

  1. To use the full functionality of the Platform, the following are required:
    1. Internet access with a minimum download speed of 3MB/s,
    2. active Account on the Platform,
    3. device that meets the minimum technical requirements for the Google Chrome browser:
      1. if user has the Microsoft Windows operating system: Windows 7, Windows 8, Windows 8.1, Windows 10 or newer Intel Pentium 4 or newer processor supporting SSE2,
      2. if user has a Mac operating system – MAC OS X Yosemite 10.10 or newer,
      3. in case of Linux operating system – Linux 64-bit Ubuntu 14.04, Debian 8, openSUSE 13.3, Fedora Linux 24 or their newer versions, Intel Pentium 4 or newer processor supporting SSE2.
  2. Service Provider uses cookies exclusively to maintain the User’s session (after logging in to the Platform).
  3. Detailed information on the use of cookies can be found in the Privacy Policy available at www.offcourse.app
  4. The school does not guarantee that the e-learning platform will work on all types of devices and browsers or operating systems.
  5. The school does not guarantee compatibility and the possibility of updating with every system and device.
  6. The school does not guarantee that the subscription services will always be available, uninterrupted or error-free.
  7. In order to obtain any access to the services provided by Service Provider, the User should use their own anti-virus software and configure computer programs, information technologies and mobile phones in an appropriate manner.

§6.

USER RIGHTS AND OBLIGATIONS

  1. The User is obliged to comply with the provisions of the Terms and Conditions, applicable laws and to use the Platform in a manner consistent with its intended use as well as to make timely payments for the use of the Platform.
  2. It is forbidden to use automated tools that transmit data to platform’s servers or retrieve data from them.
  3. The User has the right to:
    1. use all Content available on the Platform,
    2. delete the Account created by them, the deletion of the Account from the Platform does not automatically terminate the Agreement.
  4. The User is prohibited from:
    1. Making available, lending, selling or otherwise disclosing their password and login to the Platform.
    2. using the Platform in a way that interferes with access to it by other Users,
    3. attempting to breach the security of the Platform or the server on which it is located,
    4. modifying and interfering with the source code of the Platform’s software;
    5. interfering with the Platform’s databases,
    6. modifying the functionality and solutions of the Platform and other data and objects of intellectual property rights contained on the Platform,
    7. paid or free sharing of the Content of the Platform, in particular by duplicating, recording or copying it for any purpose during the agreement period
    8. sharing in any way the content expressly prohibited on the Platform, i.e. presenting in particular: transparent clothes, nudity, pornographic content, lascivious or provocative poses, promoting violence, inciting hatred, otherwise offensive or violating the law.
  5. Any attempt at or violation of the provisions of these Terms and Conditions by the User may result in the immediate termination of the User’s access to the Platform or the removal of the User’s account.
  6. As part of the platform, the user has the option of creating their own lessons/courses as well as teaching and sharing the created content. The authors full copyrights to the created content are not transferred to Service Provider. By publishing content, its authors declare that they are its creator and bear full legal responsibility for making it available.
  7. By creating and publishing private materials, their authors agrees to make them available in all versions and forms to other users of the platform. This consent is indefinite.

§7.
SERVICE PROVIDER RIGHTS AND OBLIGATIONS

1. Service Provider is obliged to:

  1. continuously provide access to the Platform on the terms and in the manner specified in the Terms and Conditons and the Agreement,
  2. repair the defects reported by the User that prevent the use of the Platform,
  3. Service Provider has the right to:
    1. temporary, short-term suspend the access to the Platform due to maintenance or functionality modification or due to force majeure,
    2. send technical messages related to the functioning of the Website and the implementation of the Service as well as new functionalities on the Website to the e-mail address of a given User,
    3. obtain the consent for the processing of Students’ data by Service Provider, under pain of deleting or blocking Student Account, the consent of which has not been provided by Service Recipient,
    4. block the Accounts of Users whose actions or omissions violate the provisions of generally applicable law, the Agreement or the provisions of the Terms and Conditions,
    5. delete the account of a User who has not logged into the platform for more than 24 months,
    6. change the principles of the Platform’s operation, in particular by removing or changing the operation of certain functionalities of the Platform by making changes within the Platform, Service Provider will in particular take into account the safety of Users and the correct operation of the Platform, as well as its development,
    7. update the content of the courses made available, in particular to modify and delete the content of some lessons and their parts.

§8.

TERMINATION OF THE CONTRACT

  1. Each Party may terminate the Agreement with the notice period specified in the Agreement.
  2. Service Provider may terminate the Agreement immediately and without notice in the event of:
    1. non-compliance with the provisions of the Terms and Conditons or the Agreement,
    2. delay in paying the fee or any of the installments for the use
      of the Platform for more than 30 days,
    3. any violation of Service Provider’s proprietary copyrights.
  3. The declaration of termination of the Agreement must be made in writing.
  4. Regardless of the reason for terminating the Agreement, Service Recipient is obliged to pay the entire fee for gaining access to the Platform.
  5. The declaration of termination or dissolution of the contract without the notice period must be delivered in writing to the address of the other Party to this Agreement.
  6. Upon termination of the Agreement, the full fee for using the Platform becomes due immediately, and the Users’ accounts on the Platform are blocked or deleted by Service Provider.
  7. In the event that the User wishes to withdraw from the concluded contract, it is possible when they have not yet started using the purchased service.

§9.

DISCLAIMER

  1. Service Provider is not responsible for:
    1. any actions of the User contrary to the Terms and Conditons or the applicable legal order,
    2. the results and progress of the User related to learning English,
    3. technical problems or technical limitations in the User’s computer or mobile equipment that prevent them from using the Platform or some of its functionalities,
    4. infringement of the rights of third parties and causing damage to third parties as a result of or in connection with the activities carried out by the User, in particular in the event of infringement by Users of copyright and other intellectual property rights of third parties,
    5. for interruptions in the functioning of the Platform and interruptions in the provision of the Service due to force majeure understood as an event that could not have been foreseen and whose consequences could not have been prevented.
    6. loss of the password to a third party.
  1. With regard to all claims of Users who are entrepreneurs against
    Service Provider, the maximum liability that Service Provider may incur is equal to the amount paid by the User in the last 12 months preceding the claim.

§10.

PAYMENTS FOR ACCESS TO THE PLATFORM

  1. Remuneration is due for access to Service Provider’s Platform, in the amount specified in the Agreement i.e. $84 per teacher’s account per annum, $2.4 per student’s account per annum.
  2. The fee for accessing the Platform is payable once, but Service Provider may spread the payment into monthly installments on the terms and in the manner specified in the Agreement. In the event of termination of the Agreement, the payment for access to the Platform becomes immediately due.
  3. Depending on currency exchange rates, local taxes, or other factors, the subscription price may vary from country to country.
  1. The subscription fee is made via electronic payments.
  1. Service Provider shall not be liable for problems related to the execution of payments on the part of third parties, i.e. banks, payment systems.
  1. The subscription fee is charged automatically for one billing cycle, which starts on the day the service is purchased.
  1. You may cancel your subscription 24 hours before the end of the current billing cycle. Otherwise, the subscription is renewed automatically for the next billing cycle, as a result of which the User is charged a fee for its renewal.
  1. In the event that the subscription expires, the user loses access to the courses and services covered by it.
  1. The subscription price is subject to change at any time, it applies to unpaid billing cycles, and will cover the next billing cycle following the date of the price change. The user must accept the price change, and failure to accept it is understood as resignation from continuing it.

§11.

COMPLAINTS

  1. Errors in the functioning of the Platform may be reported by the User to Service Provider. The notification should contain at least the e-mail address, name and surname and description of the circumstances of errors in the operation of the Platform.
  2. Notifications can be sent by e-mail or to Service Provider’s address indicated in the Terms and Conditions.
  3. Service Provider reserves the right not to consider and attempt to resolve the complaint and the reservations contained therein made by the User, if they do not hinder or prevent the use of the Platform or its individual functionalities.

§12.

COPYRIGHT

  1. The content on the Platform is protected by the provisions of the Act
    on copyright and related rights of 4 February 1994 (i.e. Polish Journal of Laws of 2019, item 1231).
  2. The content provided by Service Provider may only be used by Service User or Students.
  3. Students who have access to the Platform through the School may access the Content available on the website for personal use only, sec. 5 hereof shall apply accordingly.
  4. Any copying, duplication and distribution, whether paid or free of charge, of the content made available on the Platform by Users without Service Provider’s consent in writing is prohibited.
  5. The content available on the platform as part of the courses may only be used by people who have paid for the subscription as part of the individual or group subscription.
  1. Paid subscribers may print materials posted on the e-learning platform for personal use, but without the right to distribute them.
  1. Service provider is not responsible for the truthfulness and substantive value of the content and materials created by the Users of the platform.
  2. In the event that a third party makes a claim against Service Provider regarding the rights to the content created by the Users of the platform. The user who has made this content available on the Offcourse e-learning platform is obliged to indemnify Service Provider from any liability and bear any costs that Service Provider may have to incur in connection with such claims.

§13.

FINAL PROVISIONS

  1. Service Provider reserves the right to amend the Terms and Conditons, privacy policy and information on the processing of personal data.
  2. Changes to the regulations are effective from the moment they are published on the website www.offcourse.app
  3. If any provision of the Regulations is considered invalid by a valid court decision, the remaining provisions of the Regulations shall remain in force, and the invalid or contradictory provisions will be replaced with valid and lawful provisions.
  4. Any disputes arising between the School and Service Provider are subject to resolution by the court competent for the seat of Service Provider.
  5. For all legal relations arising from these Regulations, the applicable law is the law in force in the Republic of Poland.
  6. In matters not covered by the Regulations, the provisions of the Act on the provision of electronic services of 18 July 2002 (i.e. Polish Journal of Laws of 2019, item 123), Regulation of the European Parliament and of the Council (EU) of 27 April 2016 shall apply. General Regulation on the Protection of Personal Data (EU Journal of Laws L 119 of 04/05/2016, page 1), the Act of 10 May 2018 on the protection of personal data (i.e. Polish Journal of Laws of 2019, item 1781), the Civil Code of 23 April 1964, the Act on copyright and related rights of 4 February 1994 (i.e. Polish Journal of Laws of 2019, item 1231).
  7. A user who does not accept the Terms and Conditions should immediately leave the Platform and stop using its functionalities.