Newsletter and services Terms and Conditions
General Terms and Conditions
§ 1 Introduction
This General Terms and Conditions document (hereinafter referred to as GTC) defines the conditions for the provision of Services and Electronic Services (defined below) by Content Way Tomasz Maciejewski trading as Content Way (hereinafter ‘Provider’), registered in Central Electronic Register and Information on Economic Activity (CEDIG) by the minister competent for economy at the address: al. Solidarności 68/121, 00-240 Warszawa. The company uses the tax number NIP:7792248528. The rights and obligations of the Provider and Participants (defined below).
§ 2 Definitions
- Calendar Days – the consecutive days in the calendar.
- Contact details – information which can be used by the Participants to contact the Provider:
al. Solidarności 68/121, 00-240 Warszawa, Poland, email@example.com
- Contact Form– an interactive electronic service enabling the Clients to request for tender related to Services, Trainings, On-line Trainings and Electronic Services provision.
- Order Form – an interactive form throughout which a Provider orders Trainings or On-line Trainings.
- Trainging Card – a subpage related to the given Training or the On-line Training containing details about the given Training or the On-line Training including topics, scope and remuneration.
- Consumer – a natural person making the legal action with the Provider, not directly related to the Provider’s business.
- Newsletter – is a free, electronic service provided by the Provider in the interest of the Participant realised by sending to the User the electronic letter throughout which the Provider informs the Participant about the special offers, new events and materials featured on the website.
- Confirmation – an e-mail message sent to the Participant (on his/her e-mail address written by the Participant in the Order Form) by the Provider after placing an order.
- General Terms and Conditions – this document.
- Website – a website containing the information related to Trainings, conducted by the Provider at the address: https://contentway.co .
- Training – a class-room training (at the designated time and place mentioned in the Training Card related to a given Training) organised by the Provider, during which the Provider renders services in the interest of the Participant(s) depending on the kind of training (individual or group).
- On-line Training – an on-line training (at the designated time mentioned in the Training Card related to a given Training) organised by the Provider, during which the Provider renders services in the interest of the Participant(s) depending on the kind of training (individual or group).
- Participant – is a natural person having full capacity to perform legal acts, participating or planning to use participate in the Training or an On-line Training.
- PDPA – the Personal Data Protection Act as of 29 August 1997, consolidated text: Journal of Laws 2016, item 922 as amended.
- Services – educational services which are provided in the interest of the Participant by the Provider, related to the Training or the On-line Training.
- Electronic Services – electronic services provided by the Provider in the interest of the Participant i.e. Contact Form, Order Form, Newsletter and other electronic services crucial for the proper website working.
- Service Contract – a contract concluded between the Participant and the Provider regarding the given Training or the On-line Training.
- Electronic Service Contract – an on-line contract concluded between the Participant and the Provider.
- Remuneration – remuneration payable to the Provider by the Participant for the supply of services in the interest of the Participant within the Training, described in details in the Training Card dedicated to the given Training.
- Order – the declaration of the Participant’s will submitted throughout the Order Form which purpose is to conclude the Service Contract.
§ 3 General terms
- The GTC has been drawn up in English but in compliance with the Polish law.
- The GTC together with the model of notice of withdrawal from the Service Contract is available for free on the subpage of the page at the address: https://b2bgrowthletter.com/terms in a way that one can access and save it by the computer system used by the Participant, as well as it will be sent to the Consumer in the pdf format with the model of notice of withdrawal from the Service Contract with the Approval.
- The website provides the tools for concluding the Service Contract and the Electronic Service Contract.
- The Participant is obliged to provide the valid data.
- The Provider renders Electronic Services for free in the interest of the Participants.
- The approval of the GTC is the condition to conclude the Service Contract i.e. participate in the Training or the On-line Training.
- To conclude the Service Contract and the Electronic Service Contract the Participant needs:
a) PC computer, Mac or similar one with the operating system(f.ex Linux, Mac OS, Windows or similar one) or another device with the function of Internet connection and Internet browsing (mobile phone, palmtop, Smartphone, tablet etc.),
c) active e-mail account,
d) Internet access.
- In order to listen to the On-line Training, despite the aforementioned requirements, it is crucial to have loudspeakers.
- It is forbidden for Participant to:
a) contribute content forbidden by law,
b) act in a way which affects the law or circumvents the law, as well as to act against the public policy or morality,
c) use the website, Training, On-line Training in a way which hinder its functioning or in a way which disturbs the Provider or other Participants.
- The Provider will take action in order to remove the violation of rights in a moment of receiving a notice related to the violation of law, the Terms and Conditions or public policy. The notice should be sent on an e-mail address mentioned in § 2 item 3c of General Terms and Conditions.
- The Provider guarantee the electronic transmission protection by using the appropriate technical and organizational measures, in particular to prevent the third party access to data, including SSL encryption, usage of passwords and usage of anti-virus software or unwanted software.
- At the same time, the Provider informs that using the Internet and electronic services may endanger the system by the malware introduction to the Participant’s computer or other devices or by third party data access. In order to minimize such a danger, the Provider recommends using anti-virus or identity protecting programmes.
- The Provider will make every effort to provide the continuous website functioning; however, it is possible that the failures in website access are possible due to its update or errors deletion. In such cases the Participants will be informed by the notification published on the website.
- Information about Trainings and On-line Trainings published on the website are not an offer in the Civil Code terms but an invitation to conclude the Service Contract.
- On the website and in the moment of ordering or signing a contract, the Participant will be informed about the remuneration, tax on the supply of services related to Training or On-line Training, possible other costs and main features of provided services.
§ 4 Concluding the Service Contract
- The Participant may place an order at any time throughout the Order Form.
- In order to conclude the Service Contract it is important to:
a) choose a Training or an On-line Training,
b) fill in the Order Form,
c) accept the General Terms and Conditions and the Privacy,
d) activating the ‘Order and Pay’ or the similar button.
- The Service Contract is concluded when the Provider receives an e-mail confirmation.
- The Service Contract is a contract of an indefinite duration which ends in the moment of Training or On-line Training completion. Each of the parties has the right to end the Service Contract via e-mail with immediate effect in case of an overriding reason. In such case the Provider will refund the Provider’s expenses immediately (but not later than within 48 hours after the date of ending the Contract).
- The confirmation includes the information about the placed order, its main features, remuneration, payment details, the confirmation of conclusion of the Service Contract, bill and the pdf version of Terms and Conditions.
- In the case of inability of the execution of the Order (f.ex due to no available places for Training or On-line Training) the Provider will inform the Participant about that fact via e-mail provided by the Participant in the Order Form.
- If the Participant pays the remuneration before receiving the information mentioned in the aforementioned point 6, The Provider will refund the Provider’s payment within 5 calendar days, subject to the point 8 below.
- If the Provider informs the Participant about the inability of the execution of the Order and the situation changes before the Provider refunds the payment, mentioned in the point 7, The Provider will be obligated to inform the Participant about this fact via e-mail provided by the Participant in the Order Form.
§ 5 Electronic Service Contract
- The Provider renders such an electronic services for free in the interest of Participants:
a) Order Form,
c) Electronic Services enabling the usage of the website.
- The services, mentioned in the aforementioned point 1, are available 24 hours a day, 7 days in the week.
- The Provider informs that due to the website development, the type, form, time and way of providing the access to the several electronic services may change. The Participants using the Electronic Services constantly would be informed in a way appropriate to the change of GTC.
- Order Form Service consist in making an order via the Order Form available on the website.
- The Provider sends the Newsletter to Participants in order to inform about the novelties and special offers based on the Participants’ approval.
- The Electronic Service Contract (despite the Newsletter Service) is concluded in the moment of Provider’s acceptance of the Electronic Services usage. The Contract ends in the moment when the Provider finishes the ordered services usage.
§ 6 Remuneration
- Remuneration for the given Training or On-line Training is every time specified in the Window. Remuneration includes all taxes. It is a gross remuneration. The price is in Polish złoty. The Provider has the right to provide free services in Trainings and On-line Trainings in the promotional purposes. That will be mentioned on the Window related to the given Training or On-line Training.
- The Provider may organise the campaign related to the Service Contract under the special offer called ‘early birds’ for unlimited Participants, announced publicly on the website of the Provider, with clear information about the activity a person should do in order to conclude the Service Contract related to ‘early birds’.
- In order to conclude the Service Contract under the ‘early birds’ special offer, one should complete the following tasks:
a) make an order for Training/ On-line Training under the campaign ‘early birds’ in the time of this special offer,
b) conclude the Service Contract
- The rules of other special offers organised by the Provider will be specified on the basis of the separate special offer’s Terms and Conditions.
- The Provider accept the following ways of payment:
- bank transfer to the account number: 61 1140 2004 0000 3402 8085 7525.
- The Participant is obligated to pay the Training or On-line Training remuneration within 3 Calendar Days since the time of receiving the confirmation. In the case when the Participant does not pay on time mentioned before, the Order will be cancelled by the Provider.
- The parties have the right to consult individually the time and way of payment.
§ 7 The time and way of Service Contract completion
- Training will be organised in the time and place specified in the Window related to the given Training.
- On-line training will be organised in the time and place specified in the Window related to the given On-line training.
- The Provider has the right to refuse to provide the Training or On-line Training service ordered by the Participant if he (The Provider) does not achieve the remuneration in the time specified in § 6 item 4 of the General Terms and Conditions. In that case the order will be cancelled.
- In the case when Consumer informs the Provider about the lack of possibility to attend the ordered Training or On-line Training, the Provider will consult another term of Training completion (attending the Training or an On-line Training identic to the ordered one in the same price) unless the Consumer will not accept that and will claim the refund of money due to the significant reason. The acceptance may be sent via e-mail (in a form of a document).
§ 8 Complaint
- The complaint of Public Service and Electronic Service may be made by Participant via Contact Details. The preferable way of contact is e-mail which means that Participant should send the complaint to the e-mail address provided in the Contact Details.
- The complaint should contain the coherent description of the situation and a request or suggestions of Participant as well as his/her data.
- Aforementioned requirements are only recommendation and are intended to facilitate examination of claim by the Provider. Not fulfilling the requirements does not influence the time and way of claim examination.
- The Provider will exanimate the claim within 30 days since the receiving date. The Provider will send Participant the answer on a durable medium (f.ex paper or pdf format). In the case when the claim is rejected, the Consumer will receive the opinion about the illegitimacy of the claim. Lack of the Provider’s answer in the time mentioned in the first sentence means acceptance of the claim.
§ 9 Withdrawal
- The Consumer who concluded the Service Contract may withdraw from the contract within 14 Calendar Days since the day of conclusion of contract, without an explanation and without any costs but costs owing to the Provider for the services completed till the time of withdrawal.
- For time warranty mentioned in the point 1 of the present paragraph, it is enough to make a declaration of withdrawal using the Contact Details, however the Provider recommends sending the aforementioned declaration via e-mail. The recommendation mentioned in the first sentence does not influence the effectiveness of the Consumer’s declaration made in other way. The Provider will confirm the obtainment of the Consumer’s declaration via e-mail.
- The example model of withdrawal is contained in the appendix no.1 to the General Terms and Conditions and the appendix no.2 to the Consumer Rights Act, however it made be made in other form.
- The Consumer has no right to withdraw from the Service Contract if the Provider has completed the Training and the Consumer has been informed that after the completion the the Training he/she will have bo right to withdraw from the Service Contract.
- The Provider is obligated to immediately refund all the costs within 14 days since receiving the withdrawal of the Consumer.
- The provider refunds the costs in the same way the payment has been made unless the Consumer accepts other way of payment refund. In each of those situations Consumer does not pay for reimbursements.
- The provisions of this paragraph do not pertain to the Participants who are not Consumers.
§ 10 Responsibility and the warranty
- The Provider is responsible towards the Participant who is not Consumer for damage caused by the incompleted or improperly provided obligation arising from the General Terms and Conditions, including the Service Contract or Electronic Service Contract only if the damage is accidental.
- If the action or neglect of the Provider resulting from the damage will constitute non-performance or improper performance of any service Provider’s obligations under the GTC, including the Service Contract or the Electronic Service Contract, the Participant who is not a Consumer will not be entitled to claim compensation for damage from tort.
- The provisions of the §3 does not pertain to the personal injury.
§ 11 Personal data
§ 12 Changes to the Terms and Conditions
- The Provider may change the Terms and Conditions in situation like for example the change in the law or its interpretation or changes in the conditions of the supply of Services or Electronic Services.
- The Participants with the continue contract will be informed about any changes via e-mail at least two weeks before the changes come into force, in accordance with the contact details given in the Order Form.
- The Participant or the Provider accept or refuse to accept the changed GTC. In the case when the Participant or the Provider refuses to accept the changes, the continuous contract ends immediately.
§ 13 Out-of-court ways to examine the complaints and redress and the rules to access to this procedures
- If the Provider refuses the complaint of Consumer and Consumer does not agree with the standpoint of the Provider, Consumer has the right to submit a dispute to arbitration or to ask the appointed court for mediation or arbitration.
- Information on access to the procedures indicated in point 1 of this paragraph can be found on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/spory_konsumenckie.php and on the websites of district (municipal) consumer ombudsmen, Voivodeship Inspectors of Trade Inspection and social organizations whose subject of activity is protection of Consumer’s rights. The consumer may also use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/.
- In the case when the out-of-court complaint consideration fails to resolve the dispute between the Provider and the Consumer, the dispute will be resolved by the court competent for the place and substance.
- Disputes arising in connection with the conclusion or performance of the Service Contract or the Electronic Service Contract between the Provider and Participant who is not Consumer shall be considered by a court competent for the place for the Service Provider.
§ 14 Final provisions
- In matters not regulated in the GTC, the provision of the Polish Civil Code will apply, however the Consumer does not lose the protection granted by the mandatory rules of the country of his/her habitual residence.
- An attachment has been drawn up to the GTC, which constitutes its integral part.
Notice of withdrawal model
[place and date] [Consument’s name, surname and address]
NOTICE OF WITHDRAWAL
I, the undersigned [Consumer’s name and surname] give the notice of withdrawal from [type of contract] concluded between me and the Provider on [date].