Terms and Conditions

These Terms and Conditions have been issued on the basis of Article 8 Paragraph 1(1) Act of July 18, 2002 on the provision of electronic services (consolidated text Dz.U.201 3, item 1422) of Polish Law and is made available to Users.

§ 1 General information

1.1 These terms and conditions hereinafter referred to as the Terms and Conditions, set out the rules for the use of the website available at smartbutnothard.com (hereinafter: Platform).

1.2. By using the Platform, the User accepts the Terms and Conditions, the current version of which can be found at smartbutnothard.com/terms-and-conditions/ and Privacy Policy, which is an integral part of these Terms and Conditions. The Privacy Policy is available at smartbutnothard.com/privacy-policy

1.3. The owner of the Platform is: Elkomtel Spółka z ograniczoną odpowiedzialnością,(Elkomtel LLC), Smoleńska Street 83/98, 03-528 Warsaw, Poland, entered in the register kept by the XIII Commercial Division of the National Court Register of the District Court for Capital City Warsaw in Warsaw under the number 0000403511, NIP: 1132851215, REGON:145895250, e-mail address: office [at] smartbutnothard.com (hereinafter: Service Provider)

1.4. The User within the meaning of the Terms and Conditions is any person visiting or using the services of the Platform through a webbrowser.

1.5. Within the meaning of the Terms and Conditions by the Service (Services), the following is understood as:

Service Provider grants the User a limited, non-exclusive, non-transferable license to access the content for which the User have paid all required fees, solely for User’s personal, non- commercial, educational purposes through the Platform, in accordance with these Terms and any conditions or restrictions associated with a particular Services or feature of the Platform. All other uses are expressly prohibited. The User may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Service unless the Service Provider give the User explicit permission to do so in a written agreement signed by Service Provider’s authorized representative. This also applies to content the User can access via any of the APIs.

1.6. The Cotract – a legally binding agreement between Service Provider and the User for the provision of selected by the User Services available through the Platform under the conditions formulated in Terms and Conditions of the Platform. The contract is made in electronical form.

1.7. The fees incurred by the User are related to the acquisition of the Services and the right to use them for the User’s own personal use. It is allowed to use multiple devices for acquired Services but on only one device at the same time.

1.8. The subject of the Service Provider’s activities is to make available to the User an offer and to enable him to purchase and perform the ordered Service (Services) on the Platform.

1.9. User Account is a service space of the Platform, available to individual Users after entering an e-mail address and password, enabling, between others, access to purchased services and posting data that is used by the Service Provider under the conditions set out in these Terms and Conditions.

1.10. To use Service (Services), an individual User Account is established for the User. By logging in to the User Account, the User accepts the Terms and Conditions and constitutes a statement that he has read these Terms and Conditions, understands its content and fully accepts its provisions.

1.11. A Consumer within the meaning of the Civil Code is a natural person carrying out a legal act, concluding a contract not directly related to his business or professional activity.

§ 2 Technical requirements

2.1. The Platform requires a properly configured computer connected to the Internet. The use of selected platform functionalities is also possible using compatible tablets and smartphones.

2.2. For the proper use of all functionalities of the service, the User’s software and hardware must comply with the technical specifications described in the Terms and Conditions.

2.3. The Service Provider is not responsible for difficulties in using the Service resulting from the misconfiguration of the User’s software or hardware, or due to problems with the User’s hardware or internet connection.

2.4. In order to establish a User Account, the User must have an established and active e-mail account.

§ 3 User Account

3.1. Creating an individual User Account is necessary for the User to use the Platform and the Services provided through the Platform.

3.2. User Account can only be used by a natural person.

3.3. Natural persons without legal capacity or with limited capacity may set up a User Account if they obtain the consent of a legal representative or legal guardian.

3.4. To set up a User Account on the Platform, the User have to purchase Service (Services) provided by Service Provider.

3.5. By approving the order form filled in by the User, the User declares that the personal data provided is true and that the User is entitled to dispose of this personal data. The User is responsible for providing personal data that is not true, untrue or concerning third parties, not the User. If the order is placed by the company, by approving the order form filled in by the User, the User declares that  the provided data is true and that the User is entitled to dispose of this data and that the User has the right to incur legal commitments on behalf of the company. The User is responsible for providing data that is not true, untrue or concerning third parties, not the User.

3.6. User personal data is required in the process of implementation of education and certification. The service provider does not give the possibility to change this after the registration form has been approved, excluding situations related to spelling errors (so-called typos) and situations related to GDPR rights.

3.7. It is not allowed to create multiple User Accounts by one person or share your User Account with others.

3.8. The User undertakes to secure and take care of confidential data, such as a password to access the Platform.

3.9. The User undertakes not to take any action that could destabilize the operation of the Service Provider’s services, or which may in any way impede the use of the Platform to other Users.

3.10. The User agrees not to attempt to access resources that the User do not have permission to access. It is not permitted to use automated tools that send data to or download data from the Service Provider’s servers.

3.11. User Accounts that do not comply with these Terms and Conditions may be blocked or deleted.

3.12. The User can at any time stop using the Service and delete the User Account created by sending the relevant information to the e-mail address to the mailing address of the Service Provider.

3.13. In order to optimize the educational process, the Platform collects detailed data on the progress of learning on the site, including information about content the User have watched, exercises, tests and tasks the User have done and markings the User favorite content.

3.14. Data related to User’s educational process is archived on the Platform unless the User delete it himself or the User do not request the deletion of his User Account.

§ 4 Conclusion and implementation of the Contract

4.1. Orders can be placed 24 hours a day. Due to the personalized nature of the Platform, learning can be started at any time.

4.2. In order to place an order, the User should perform at least the following actions, some of which can be repeated repeatedly:

(a) selecting Service (Services);

(b) providing required data;

(c) accepting Terms and Conditions of the Service (Services);

(d) accepting Privacy Policy;

(e) choosing method of Payment;

(f) confirming the order.

4.3. The Fees for the individual Service is given under the Platform.

Not providing VAT ID number during placement of the order is treated as equivalent to being a Consumer.

4.4. The following payment methods are available:

(a) Fast Online Payment through cooperating online payment providers;

4.5. In the case of a form of Fast Online Payment, payment may be made immediately after placing the order through one of the methods.

4.6. Detailed rules for the use of payment methods made available by third-party providers are laid down within the relevant regulations made available by those providers. The use of these payment methods is subject to acceptance of the provisions of the terms and conditions listed above. The Service Provider is not responsible for the implementation of the payment process by third-party suppliers.

4.7. Making a payment is tantamount to entering into a legally binding electronic Contract between the User and the Service Provider for the provision of the selected Service (or Services) as described in the Service on the Platform and the provisions of the Terms and Conditions.

4.8. Full access to purchased Services under the Platform is activated after payment (conclusion of the Contract).

4.9. The start of the Service within the framework of the concluded Contract in electronic form occurs after the Service Provider receives payment for the Service. By payment, you agree to start the service before the expiry of the withdrawal period in accordance with Article 38 of the Consumer Rights Act of May 30,2014 (Dz.U. June 24, 2014, item 827) of Polish law. The User who receives access to the purchased electronic service (services) loses the right to withdraw from the contract concluded at a distance.

4.10. In case of providing VAT ID number, the invoice data are those coming from VIES VAT number validation system or Polish VAT number validation system.

4.11. The Contract is considered to have been fulfilled on the part of the Service Provider after 12 months of access to the Service. After this time, the User may lose the right to request access to the Service. Service Provider will try to ensure that access to the Service lasts as long as possible but it is not his legal obligation.

§ 5 User permissions and license

5.1. The User has the right to:

(a) access to materials made available to the User as part of a Service (Services) purchased under the Platform individually, to its own User Account;

(b) access to the additional materials provided for in the service in electronic form and participation in the educational process;

(c) receive a Certificate of Completion after the Course if it has been successfully completed and the formal conditions laid down in the Terms and Conditions have been met;

(d) participate in special promotions and competitions intended for Users of the Platform.

5.2. The User is obliged to compliance with the provisions of the Terms and Conditions.

5.3. The User acknowledges that all materials made available to him as part of the Services on the Platform are the exclusive intellectual property of the Service Provider or other relevant entities and are subject to legal protection in accordance with the applicable laws (including the Copyright and Related Rights Act of February 4, 1994) of Polish Law.

5.4. The User undertakes to use the materials entrusted to the User and the content contained therein (including in particular the training materials provided within the Platform) solely for the purpose of learning his own and do not make them available to third parties without the consent of the Service Provider or the relevant copyright owner.

5.5. The User may print, download and save only additional training materials from Platform and only for personal use without the right to distribute them further.

5.6. The User is not authorized to download and save videos.

5.7. In case you wish to use outside the Platform materials to which the Service Provider has proprietary property rights, it is necessary to obtain the written consent of the Service Provider.

5.8. The Service Provider reserves the right to periodically update the content of the Services offered, including modifying the content and other materials provided.

5.9. In case of violation of the provisions of the Terms and Provisions, the Service Provider and the owners of copyright may claim compensation from the User for any material and intangible losses resulting from this violation.

§ 6 The rights and responsibility of the Service Provider

6.1. The Service Provider is obliged to perform the Service accurately described in the general provisions of the Terms and Conditions for the User.

6.2. The Service Provider reserves the right to temporarily blocking access to the Platform for maintenance purposes.

6.3. The Service Provider reserves the right to temporarily block the User Account or access selected Services in the event that the security of the User Account is at risk – for example, when there is a suspicion of hacking into the User Account.

6.4. The Service Provider reserves the right to introduce additional restrictions on the use of the User Account, including the removal of the User Account, in the event of a gross violation of the Term and Conditions by the User or attempts to harm the Service Provider in particular if the User:

(a) uses your Account in a manner that is not in line with the Terms and Conditions;

(b) uses or attempts to use the Platform in a manner that is not intended;

(c) violates or attempts to violate the technical security of the Platform in order to obtain unauthorized access to the Platform resources of the Service Provider.

6.5. In this case, the Service Provider is entitled to call on the User to stop violating the Terms and Conditions. In the event that the User does not comply with the request or if the User does not provide any explanation within 3 days, the Service Provider has the right to delete the User Account with immediate effect.

6.6. As a result of the deletion of the User Account from the Platform by the Service Provider, the User loses access to all resources available in his account established on the Platform.

6.7. The Service Provider shall not be liable for failure to perform or improper provision of the Services, if this is due to circumstances independent of the Service Provider for which the Service Provider is not responsible, in particular as a result of the actions or omissions of telecommunications operators, suppliers of telecommunications or electricity or force majeure.

6.8. The Service Provider is not responsible for content placed, stored or transmitted to the Platform as part of your use of the Services by The User.

6.9. The Services and their content are provided on an “as is” and “as available” basis. Service Provider make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Service Provider make no warranty that the User will obtain specific results from use of the Services. The User’s use of the Services (including any content) is entirely at User’s own risk.

§ 7 Complaints

7.1. The complaint submitted by the User of the Service in connection with the failure to perform or improper performance of Services should include:

(a) the name and contact details of the complainant,

(b) e-mail (login) of the User’s Account to which the complaint relates,

(c) the subject matter of the complaint taking into account the circumstances justifying the claim.

7.2. The complaint must be sent by e-mail to the electronic address of the Service Provider being office [at] smartbutnothard.com

7.3. The reply will be given in electronic form to the address provided in the complaint.

7.4. The complaint will be considered within 14 days from the date of receipt of the written notification, unless the relevant regulations set a different time limit.

7.5. In the event that additional explanations are necessary from the User to consider the complaint, the deadline for responding to the complaint shall be further extended by the time of the User providing explanations.

§ 8 Right of withdrawal

8.1. The provisions of this section apply only to Contracts concluded with Consumers.

8.2. In accordance with Article 27 of the Act of May 30, 2014 on the rights of the Consumer of Polish law, the User who is a Consumer within 14 days of the conclusion of the Contract, has the right to withdraw from this Contract without giving a reason.

8.3. The Consumer, in accordance with Article 38(13) of the Act referred to in paragraph 1 of Polish law has no right to withdraw from the Contract for the supply of digital content which is not recorded on the tangible medium if the service began with the express consent of the Consumer before the expiry of the withdrawal period and after information on the trader of the loss of the right of withdrawal.

§ 9 Privacy policy and protection of personal data

9.1. The Administrator of the personal databases (hereinafter: The Controller) transmitted by the Users of the Platform is the Service Provider.

9.2. The Service Provider undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Act on the provision of electronic services of July 18, 2002. The User providing his personal data to the Service Provider when placing an order, agrees to their processing by the Service Provider in order to fulfill the placed order. The User have the opportunity to view, correct, update and delete his personal information at any time.

9.3. Detailed rules for the collection, processing and storage of personal data used for the purpose of the Services by the Platform are described in the Privacy Policy, which can be found at: smartbutnothard.com /privacy-policy

§ 10 Changes to the offer and promotions

10.1. The Service Provider reserves the right to change the Fees of the Services included in the offer, withdraw certain Services from the offer and to introduce new Services and carry out promotional campaigns. The entitlement in question shall not affect orders placed before the effective date of the Fee change, changes in the terms of the promotional campaign and will be exercised on the basis of the existing rules.

10.2. The duration of each Promotion is limited.

10.3. Only one Promotion can be used to make a transaction.

10.4. Promotions do not connect to each other. For overpriced goods, no additional discount applies anymore. In the event of several promotions in parallel, the User decides which promotion he wants to take advantage of.

§ 11 Final provisions

11.1. The Service Provider is not responsible for difficulties in the performance of the Service caused by random factors independent of the Service Provider (including factors dependent on the User, third parties or force majeure).

11.2. All names and trademarks used in the Platform belong to their respective owners; they have been used for informational purposes only.

11.3. Nothing in these Terms and Conditions is intended to violate the rights of the User and the Consumer, nor can it be interpreted in this way, because in the event of non-compliance of any part of the Terms and Conditions with the applicable law, the Service Provider declares to submit and apply this right in place of the contested provision of the Terms and Conditions.

11.4. Changes to the Terms and Conditions will be made, between others, to bring the Terms and Conditions into line with the applicable legal situation.

11.5. The current version of the Terms and Conditions is available at smartbutnothard.com/terms-and-conditions/.

11.6. In matters not regulated by these Terms and Conditions, the relevant applicable legal provisions shall apply. All disputes are resolved by the court competent for the seat of the Service Provider.

11.7. The Terms and Conditions enter into force at the time of publication.
Date of update of the Terms and Conditions: 06.11.2020r.