TERMS AND CONDITIONS OF THE PROVISION OF SERVICES BY WWW.ELLALANGUAGE.COM
Operator – ELLA Language Sp. z o.o with registered office in Warsaw, ul. Bernardyńska 16A/U1, 02-904, entered into the register of entrepreneurs kept by the District Court for Warsaw, 13th Business Division of the National Court Register under KRS number 0000575228.
Website – internet pages at www.ellalanguage.com together with their integral parts, managed by the Operator and constituting the Operator’s organized part of business.
Terms and Conditions – this document being the source of rights and obligations related to the use of the Website.
Subscription Fee – payment for temporary access to a selected Service.
Service – an e-learning course offered through the Website.
User – a natural person using the Website.
I. GENERAL PROVISIONS
1. The Operator provides Services to the Users through the Website in accordance with these Terms and Conditions.
2. The Terms and Conditions are subject to the provisions of the Polish law.
3. The Services on the Website are offered to adults, i.e. persons above 18. Using the Website by a person with limited capacity to perform acts in law is possible only after obtaining the consent of their legal representative or guardian.
5. During the registration on the Website, the User must accept these Terms and Conditions.
6. One User can only have one account.
7. The registration on the Website is free, but to use the Services the User must pay the Subscription Fee.
8. During registration, the User must provide the necessary information in the registration form. By registering, the User declares that the provided information is true and relates to the User.
9. The accounts of Users who do not obey these Terms and Conditions may be blocked or deleted.
10. The Operator is not responsible for any problems with the use of the Website related to incorrect configuration of the software or hardware by the User. The Operator’s liability is excluded in terms of the User’s problems with internet connection that were not caused by the Operator’s actions.
11. The User is obliged to prevent any third party from accessing the User’s account, in particular from obtaining the User’s access data for logging in on the Website.
12. The User undertakes not to do anything that could possibly destabilize the functioning of the Service Provider’s websites or in any way make it difficult for other Users to use the websites.
13. The User is responsible for all their actions while using the account. The User is also responsible for all abuses that occur because the User neglected their responsibility in terms of securing the access to the account against unauthorized parties and the abuse itself does not result from negligence or fault on the side of the Website.
14. All Users are obliged to refrain from influencing the security, integrity, and availability of the Website. The Users are not allowed to block generated content, or to rewrite, modify, or in any other way disturb the provision of Services by the Operator. The Operator is entitled to use any means necessary (e.g. block access to the site) to ensure the proper functioning of the Website.
15. Materials published on the Website constitute work within the meaning of copyright and be protected on the basis of copyright and related rights (Journal of Laws 1994, No. 24, item 83 as amended).
16. Materials provided by the Operator as part of the Subscription service can only be used by the Users who paid the Subscription fee. Said Users do not have the right to distribute the materials.
III. PERSONAL DATA
18. While using the Website, the User will be asked for voluntary consent to receive marketing information, including trade offers, sent by the Operator through electronic means of communication. At any given time, the User may withdraw the consent to receive such marketing information.
IV. SUBSCRIPTION FEE, PAYMENTS
19. The payment of the Subscription fee to gain access to the selected course is made in advance, in the sum and for the period indicated in the pricelist.
20. Access to the service is granted after the payment is booked by ELLA Language Sp. z o.o, within 24 hours of transfer, after the Subscription fee is credited on the Operator’s account, or the payment intermediary informs the Operator that the payment was made. Payments can be made through PayPal, ApplePay, DotPay.
21. The Operator may provide the User with access to the ordered service before receiving the payment if the User sends a confirmation of payment through electronic mail.
22. Paying the Subscription fee is treated as entering into an agreement for a specified period concerning the provision of the Service for the period for which the Subscription fee was paid.
23. The duration of the agreement is calculated as of the access activation date. Should the access be granted to the User on the basis of a previously paid Subscription fee, payment for the subsequent period will mean that the duration of this subsequent period begins after the end of the previous period.
24. After the service period has expired, the service is blocked.
25. The Subscription costs listed on the site are gross and include VAT in the sum based on applicable provisions.
26. In order to receive the VAT invoice for the purchased products, the User must provide the Operator with all the data necessary to issue the invoice (the data of the transaction to be invoiced, name, and address of the purchaser, VAT number).
V. WITHDRAWING FROM THE AGREEMENT
27. The User may withdraw from the agreement without stating any reason by submitting a relevant statement within 14 days of entering into the agreement. It is enough to send a statement confirming the will to withdraw from the agreement before this term expires.
28. In case of withdrawing the agreement is deemed null and void. The paid sum should be returned without delay, no later than within 14 days. The Operator reimburses the payment using the same method of payment that was used by the User unless they agree to a different way of reimbursement, which does not involve any costs on the side of the Operator.
29. The right to withdraw is excluded in the event the provision of services began, with the prior consent of the User, within 14 days of entering into the agreement.
VI. CLAIM HANDLING PROCEDURE
30. In case the services provided by the Operator are realized against the Terms and Conditions or the provisions of applicable law, the User may bring their claim as part of the claim handling procedure.
31. The claim should be sent by means of electronic mail to: firstname.lastname@example.org with the title “Claim handling procedure ellalanguage.com”. The claim should contain a description of the event in question. It should include:
– the date,
– name and surname of the claimant,
– username of the User,
– the subject of the claim with the justification.
32. Should the data or information listed in the complaint require any supplementation, the Operator will ask the user to complete the complaint before considering it.
33. The Operator will consider the complaint within 14 days of receiving it in the correct form. The term may be extended until the User completes all necessary data.
34. The response to the complaint is sent to the e-mail address assigned to the account of the User or indicated in the complaint.
35. In the event of a breach in access to a paid subscription service, the Operator undertakes to prolong the access to the service for the duration of the period in which the service was unavailable.
VII. CHANGES IN THE TERMS AND CONDITIONS
36. The Website reserves the right to change the provisions of the Terms and Conditions for a justified reason.
37. The change in the Terms and Conditions will not have a retroactive effect on the Services paid for with the Subscription fee before the amendment comes into force.
38. Changes to the Terms and Conditions will be made with a seven day notice period.
39. The amended Terms and Conditions will be published on the Website. Before further use of the Service, the User will be asked to accept the wording of the amended Terms and Conditions by ticking the appropriate box.