REGULATIONS OF EDU.DEVSTYLE.PL EDUCATIONAL PLATFORM
- For the purposes of these Regulations, the following definitions apply:
- regulations – this document constituting a contractual template within the meaning of Article 384 § 1 of the Polish Civil Code;
- educational platform – a website available on the Internet at the address https://edu.devstyle.pl, being a service within the meaning of the Polish Act of 18 July 2002 on providing services by electronic means;
- service provider – DEVSTYLE spółka z ograniczoną odpowiedzialnością with its registered office in Białystok (15-215) at ul. Konopnicka 14/8, NIP (tax id.): 5423453088, e-mail address [email protected];
- store – a website enabling the purchase of goods and services from the service provider, available on the Internet at the address https://sklep.devstyle.pl and https://devstyle.salescrm.pl and https://cart.easy.tools;
- customer – a natural person with full legal capacity, a legal person or an organisational unit without legal personality that has purchased in the store a service accessed through the educational platform; if the customer uses the educational platform, it is also a user;
- user – a natural person granted access to the educational platform, indicated by the customer who has purchased the service; a user does not have to be a customer;
- agreement – a legal relationship between the service provider and the service recipient resulting from the acceptance of the regulations by the user, being in fact a service agreement within the meaning of the Polish Act of 18 July 2002 on providing services by electronic means, consisting in the possibility to use a user account;
- user account – a set of resources and rights available to the user within the educational platform only during the term of the agreement;
- conditional service – a service based on conditional access within the meaning of the Polish Act on the protection of certain services provided by electronic means based on or consisting in conditional access, being at the same time a service within the meaning of the Polish Act on providing services by electronic means, consisting in the possibility available on the educational platform to access through the user account digital content owned by the service provider, consisting of a number of functionalities indicated in Article 3(1) of the regulations, available for purchase through the store.
- In all matters related to the educational platform, the customer may contact the service provider in person, via an e-mail sent to the address [email protected].
OBJECT AND EXECUTION OF THE AGREEMENT
- Within its business activities, the Service Provider makes it possible to access the user account through a public telecommunications network, offering users the possibility to use it under the conditions specified in the regulations, only after their acceptance, which results in the execution of the agreement.
- Access to the user account takes place at the request of a user from any country of the world.
- The use of the user account is possible only by the user who:
- as a customer has purchased in the store a service of access to digital content belonging to the service provider and accepted the regulations of the educational platform during this process;
- has been indicated by the customer as a user, has had the user account created as well as accepted the regulations of the educational platform.
- The user account is created on the educational platform:
- automatically, upon purchasing a service in the store;
- after providing by the customer data necessary to create the user account corresponding to the number of conditional access services purchased – i.e. the first and last name and e-mail address of the user.
- The content of the regulations is submitted:
- in the case of making an agreement between the service provider and the customer – upon making the agreement, via an e-mail sent to the e-mail address indicated by the customer;
- in the case of making an agreement between the service provider and the user – upon creating the user account, via an e-mail sent to the e-mail address assigned to the user account created, together with the information on the account creation.
- The acceptance of the regulations of the educational platform results in making the agreement:
- between the service provider and the customer upon purchasing a conditional service in the store;
- between the service provider and the user upon the first authentication on the user account – logging in to the account means the acceptance of the regulations.
- The customer has the right not to accept the regulations of the educational platform. In such a case, they are obliged to notify the service provider about it by an e-mail sent to the address [email protected].
- The customer has the right to transfer the assigned access to a conditional service available on the educational platform to another user indicated by them. In order to exercise this right, the customer is obliged to sent an e-mail to the address [email protected], using the e-mail address assigned to the account on the educational platform and to indicate the person to whom the service is to be transferred. The right to transfer access to a conditional service to another user by the customer can be exercised within 14 consecutive days from the date of the service purchase. This right is vested only in the user who at the same time is the customer.
- The agreement is performed free of charge, for an indefinite period of time.
- Communication with the seller in connection with the agreement signed is possible by an e-mail, postal correspondence or personal contact.
FUNCTIONING AND SAFETY OF THE EDUCATIONAL PLATFORM
- The educational platform is a Software as a Service website. The method of its functioning does not require special configuration on the user’s device.
- The educational platform is a set of functionalities that create a separate operating space for each user allowing the use of conditional services purchased in the store.
- Access to the educational platform is possible only via the user account.
- Each user account has a unique identifier corresponding to the e-mail address used by the user. A password that is a unique string of alphanumeric characters is assigned to each user account. The identifier and the password are used to authenticate the user and to enable them to access the user account on the educational platform.
- The service provider never asks users of the educational platform to make the user account password available in any way. The password should be unique and used exclusively for the authentication on the educational platform.
- The service provider may – for safety reasons – force the user to change the educational platform access password. The user will be informed about the necessity to change the password by an e-mail.
- The educational platform has been developed with the assumption that each natural person has their own individual user account through which they obtain access to specific conditional services purchased in the store. On the educational platform one user account should not be used by more than one natural person.
- Using one user account on the educational platform by more than one person or entity constitutes the basis for an appropriate recalculation of fees charged by the service provider to the customer or the user – in accordance with the conditions of sales of the training in the store.
- The educational platform provides the user with the possibility to use the following functionalities:
- use of a conditional service purchased in the store, enabling access to digital content;
- change of personal data and password.
- The service recipient may encounter a number of threats related to the use of the educational platform. They include in particular possible attempts to carry out such attacks as phishing, Man-in-the-Middle or session hijacking. The service provider does not send by an e-mail the access password to the user account on the educational platform and does not request users to make these data available to it via any channel.
TECHNICAL REQUIREMENTS NECESSARY FOR COOPERATION WITH THE WEBSITE
- In order to be able to use without disruptions the educational platform and conditional services available on it, the user is obliged to use a telecommunications terminal device meeting the following technical conditions:
- Mozilla Firefox – version 70;
- Google Chrome – version 78;
- at least one of the following web browsers installed:
- installed application enabling the reading of files in PDF format – at least version 1.4 – Adobe Acrobat Reader DC version 11;
- the ability to connect the device to a public telecommunications network with a bandwidth of at least 20 mbps;
- the ability to play sound on the device;
- a processor with at least two cores with a clock speed of no less than 2 GHz;
- RAM of at least 4 GB;
- a display with a resolution of no less than 1024 by 768 pixels and a diagonal of no less than 7 inches.
- The user can try to use the educational platform with devices that do not meet the above-mentioned standards, but the service provider is not liable for possible problems, disruptions or other inconveniences.
- The service provider has not implemented any additional technical measures to protect digital content.
RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER AND THE USER
- The service provider provides the user with the operation of the educational platform in a manner preventing access of unauthorised persons to the content of the transmission forming this service, in particular using the SSL certificate and other organisational and technical measures that guarantee a proper safety level.
- The user is entitled to use the resources of the educational platform in a manner consistent with the applicable law, in particular with respect to the provisions on personal data protection.
- It is prohibited to enter unlawful content into the educational platform.
- The user is fully liable for any damage resulting from the use of the educational platform in a manner inconsistent with law or the regulations.
- The service provider guarantees the protection of all personal data collected. The user’s personal data are processed by the service provider only for the purposes related to the functioning of the educational platform. The service provider ensures the possibility to become acquainted with the content of the information obligation by making it available to the customer upon the agreement execution, and to the user upon creating their user account, by means of an e-mail referred to in Article 2(5). In addition, the content of the information obligation is available at: https://nextgenarchitecture.com/privacy.
- When submitting users’ personal data to the service provider, the customer declares that they have rights and legal basis to process via the educational platform data made available by the customer in a lawful manner, in particular excluding a violation of third parties’ rights.
- The information on the user’s progress in the implementation of the material forming the training may be made available by the service provider to a third party from whom the user has obtained the right to assign the conditional service to them. Data are made available only in the case of an agreement between the service provider and the third party providing for such an obligation of the service provider.
LIABILITY OF THE SERVICE PROVIDER
- The service provider is not liable towards the customer and the user for any consequences of making available by the user the login or the password to the educational platform to any other person. In particular, the service provider is not liable in a situation in which the user’s ID or password is made available as a result of the malware operation on the terminal device of the user of the educational platform.
- The service provider is not liable for any decisions of the customer or the user, consequences of those decisions or any damage caused by an action of the customer or the user, their employees or advisors, taken on the basis of the content posted on the educational platform. This exclusion does not extend in any scope the permitted use of the platform.
- The content made available to the user on the educational platform may not be treated as information constituting any form of advice.
- The service provider’s liability on account of the educational platform operation is limited to losses incurred by the customer or the user resulting from the incorrect operation of the educational platform or culpable non-performance of the agreement by the service provider in another manner, and its amount is limited to the amount of remuneration paid for this conditional service whose operation has been erroneous or incorrect. The service provider’s liability does not cover lost profits of the customer or the user.
- The user has the right to submit complaints regarding the functioning of the educational platform, the manner of the agreement performance and the provision of the service and conditional services via an e-mail sent to [email protected].
- The user being a consumer has the right to submit complaints within 2 years from the occurrence of the event being the object of the complaint. The user not being a consumer or the entrepreneur with a status similar to a consumer has the right to submit complaints within 7 days from the occurrence of the event being the object of the complaint.
- The complaint notification should include the identification of the user of the educational platform (first and last name) or the customer (first and last name or name of the entity being a legal person), correspondence address or address of the registered office and e-mail address. The notification should also describe in a comprehensible and concise manner the reason for the complaint and be sent from the e-mail address assigned to the account of the user of the educational platform or the e-mail address used by the customer upon purchasing access to the conditional service being the object of the complaint.
- The service provider may request the complaining person to supplement it if the notification sent to it proves insufficient and the service provider is not able to respond to the complaint filed. In such a case, the complaining person is obliged to supplement it within 30 consecutive days from the date of being requested to make such a supplement, or otherwise the complaint shall not be considered by the service provider. Failure to supplement the complaint shall be tantamount to waiving by the complaining person any claims against the service provider related to the incorrectly submitted complaint.
- A correctly submitted complaint shall be considered by the service provider within 14 days from the date of its receipt or supplementation (if necessary).
- The information on the complaint acknowledgement or non-acknowledgement shall be delivered to the complaining person in an e-mail sent to the e-mail address assigned to the user account.
- The information posted on the educational platform may not be treated as information constituting any form of advice. The service provider is not liable for any decisions taken by the customer or the user based on the information available through the user account, e.g. based on the content of individual conditional services – also those concerning legal requirements.
- Any disputes arising out of the regulations, related to any issue addressed in the regulations or resulting from the contractual relationship between the service provider and the user not being a consumer or the entrepreneur with a status similar to a consumer within the meaning of the provisions of the Polish Civil Code shall be settled by common courts having jurisdiction over the service provider’s registered office.
- The use of a conditional service is of an ancillary nature to the agreement on whose basis it has been purchased and to this agreement. In the case of the termination of or withdrawal from the agreement for purchase of conditional access, the service provider is not obliged to provide the educational platform access service and may terminate the agreement by submitting an appropriate declaration of will by an e-mail sent to the address assigned to the user account, without the necessity to respect any notice period.
- In the case of a violation of the provisions of the regulations, the service provider is entitled to submit a request by an e-mail sent to the address assigned to the user account for the violation cessation, setting a 7-day deadline for its cessation. In the case of ineffective expiry of this deadline, the service provider is entitled to discontinue the provision of the educational platform access service.
- In the case referred to in section 4 above, the user not being a consumer or entrepreneurs with a status similar to a consumer are not entitled to any claim for compensation against the service provider.
- The agreement may not be assigned or disposed of to any other person by the user.
- The regulations are effective:
- The service provider reserves the right to amend the regulations. In such a case, it shall inform the user by an e-mail sent to the e-mail address about the new wording of the regulations at least 30 days in advance. The period of 30 days for the amendment of the regulations does not apply in cases in which the amendment of the regulations is forced by the amendment of law and the time of entry into force of the provisions forcing the amendment does not allow the service provider to inform the user in advance. The user has the right not to accept the regulations in the new wording – in this case they should submit an objection by an e-mail sent to the service provider. Submitting an objection shall result in the termination of the agreement as of the entry into force of the new regulations.