Regulations of the Energy Design Platform
[CHAPTER I: PRELIMINARY PROVISIONS]
§ 1. General provisions
1. The Regulations specify the rules for Users’ access to the Platform, including the rights and obligations of the Parties, the scope of liability of the Parties and other terms of the contract, the subject of which will be the provision of Digital Products or Services within the Platform.
2. The Operator informs that within the Platform it only provides Digital Products and provides Services, as well as administers the Platform. The Operator does not provide any other services on its own behalf and is not an intermediary in concluding any other contracts.
§ 2. Definitions
The terms used in the Regulations mean the following:
1) Update – “Update” should be understood as an update that the Operator has undertaken to provide and which is necessary to maintain the compliance of the Digital Product with the Agreement;
2) Failure – “Failure” should be understood as a complete suspension of the Platform’s operation, the Platform freezing completely preventing the use of the Platform, or any other obstacle completely preventing the proper use of the Platform;
3) Blocking the User’s account – “Blocking the User’s account” means actions that prevent the User from using the Platform in the cases specified in the Regulations;
4) Price – “Price” should be understood as the value expressed in monetary units that the User is obliged to pay to the Operator for the Digital Product or Service;
5) Working days – “Working days” means days from Monday to Friday, excluding public holidays;
6) Access – “Access” means the time-limited right to access the Digital Products purchased by the User;
7) E-payment – “E-payment” should be understood as the payment of the Price for a Digital Product or Digital Service by means of digital representation of value, in particular by means of electronic vouchers, e-coupons, virtual currencies, etc.;
8) Functionality – “Functionality” should be understood as a single task that can be performed within the Platform;
9) Working hours – “Working hours” means the hours from 09:00 to 16:00 on working days;
10) Password – “Password” means a string of characters used to secure access to the Platform;
11) Consumer – “Consumer” should be understood as a natural person concluding an Agreement with the Operator that is not directly related to his or her business or professional activity;
12) User Account – “User account” means an account created by the Operator for the User in order to use the Platform;
13) Course – “Course” should be understood as an ordered set of Digital Content, under a common name, which serves to educate Users and expand their digital competences;
14) Login – “login” should be understood as an individual and unique identification of the User, allowing him to be identified, used when using the Platform. In the case of the Operator’s IT systems, it is standardly the e-mail address provided by the User;
15) Operator – the “Operator” should be understood as Agnieszka Marecka running a business under the name “Hendieu” S.a.r.l.-S., delivery address: Luxembourg, 29, Boulevard du Prince Henri, L-1724 Luxembourg; under registered number B245996, EU-VAT number LU32281007.
16) Fees – “Fees” should be understood as all monetary benefits due to the Operator for enabling Users to use the Platform, including the purchase of a Digital Product and the provision of Services;
17) Platform – the “Platform” should be understood as the IT system called “Energy Design” belonging to the Operator, which is available via the website at https://energydesign.art/;
18) Intellectual property rights – “intellectual property rights” should be understood as intellectual property rights (copyrights, industrial property rights, database rights) held by the Operator within the Platform;
19) Digital Product – “Digital Product” means a set of Digital Content under a specific name, which is available on the Platform, in particular a Course or a Course combined with Additional Services;
20) Entrepreneur with consumer rights (PNPK) – “Entrepreneur with consumer rights (PNPK)” should be understood as an entrepreneur who runs a business on the basis of an entry in the Central Registration and Information on Economic Activity and wants to conclude an Agreement with the Operator directly related to his or her business. economic, and at the same time the Agreement does not have a professional nature for him;
21) Pre-sale – “Pre-sale” should be understood as the time during which the Operator enables the purchase of Digital Products in advance, before their official premiere. Due to the purchase of a Digital Product as part of the Pre-Sale, the Operator may grant Users Special Authorizations;
22) Regulations – “Regulations” shall mean these Regulations;
23) Pages – by “Pages” should be understood as the Operator or User;
24) Digital Content – “Digital Content” should be understood as all digital content posted by the Operator on the Platform, in particular e-books, webinars, audio recordings, worksheets, transcriptions, visual materials, files for printing and any other content that may be posted on the Platform;
25) User Content – “User Content” should be understood as any data generated or provided by the User as part of using the Platform, in particular for the purposes of commenting on the Blog or other interaction with the Operator via the Platform;
26) Services – “Services” means Digital Services, Electronic Services or Additional Services;
27) Digital Services – “Digital Services” means services that allow the User to:
a) production, processing, storage or access to data in digital form;
b) joint use of data in digital form that was sent or created by the User or other users of the Platform;
c) other forms of interaction using digital data;
28) Additional Services – “Additional Services” should be understood as all services, paid or unpaid, provided by the Operator as part of its business activities, in particular services consisting in conducting workshops or on-line consultations, of a group or individual nature;
29) Electronic Services – “Electronic Services” means all electronic services within the meaning of Art. 2 point 4 of the Act of July 18, 2022 on the provision of electronic services (consolidated text: Journal of Laws of 2020, item 344, as amended), which are provided by the Operator to the User via the Platform;
30) Agreement – the “Agreement” should be understood as an agreement for the provision of a Digital Product by the Operator to the User or an agreement for the provision of Services by the Operator to the User;
31) Special Rights – “Special Rights” means the benefits offered to Users by the Operator for using the Platform;
32) User – “User” should be understood as a natural person who uses or intends to use the Platform and for this purpose concludes an Agreement with the Operator. If the Agreement is concluded by an organizational unit with legal capacity or a legal person, the provisions of the Regulations apply to both the entity that concludes the Agreement and the actual person using the Platform;
33) Fault – a “fault” shall mean any incorrect operation of the Platform that is neither a failure nor an error;
34) Technical support – “technical support” should be understood as assistance provided to Users by the Operator in using the Platform, including remote support (e.g. via e-mail) and necessary instructions and advice on technical and IT support;
35) Event – “Event” shall mean a failure or error within the Platform;
36) External supplier – “External supplier” should be understood as any third party, other than the Operator, who provides any goods or services for the purposes of performing the Agreement, in particular software used on the Platform and services necessary for the functioning of the Platform.
[CHAPTER II: SUBJECT MATTER AND CONCLUSION OF THE AGREEMENT]
§ 3. Subject of the contract
1. Under the Agreement, the Operator undertakes to provide the User with Digital Products during the granted Access or to provide agreed Services to the User, and the User undertakes to use the Digital Products or Services as intended, on the terms provided for in the Regulations, and to pay Fees in the case of paid Digital Products and Services.
2. Information on the payment or non-payment of specific Digital Products or Services is posted directly on the Platform or provided to Users in another way enabling them to become familiar with the amount of Fees, e.g. by sending an e-mail with a Fee proposal, in particular in relation to Additional Services. .
3. Browsing the Platform’s home page is always free of charge, while accessing Digital Products or using Additional Services is always subject to a fee. For the purposes of marketing and promotional activities, the Operator may decide to make a given Digital Product available free of charge, in exchange for providing personal data (e.g. by subscribing to the newsletter), but the sole decision in this respect rests with the Operator.
4. Depending on the type of selected Digital Products or Services, a specific type of Agreement is concluded between the Operator and the User:
a) in the case of Digital Content, an agreement for the supply of digital content is concluded;
b) in the case of Electronic Services, an agreement for the provision of electronic services is concluded;
c) in the case of Additional Services, a contract for the provision of services is concluded.
5. For the avoidance of doubt, the Operator indicates that:
a) Agreements relating to Digital Content are contracts for the supply of digital content to which the provisions of Chapter 5b of the Act of May 30, 2014 on consumer rights apply;
b) the provisions of Chapter 5b of the Act of May 30, 2014 on consumer rights do not apply to Agreements that do not concern Digital Content.
§ 4. Activities before concluding the Agreement
1. Before concluding the Agreement, the User is obliged to read the Operator’s information on the rules for the delivery of Digital Products, the provision of Services, the provisions of the Regulations and other conditions. By concluding the Agreement, the Operator has the right to assume that the User has met the above requirements.
2. Before concluding the Agreement, each User is provided with a free opportunity to read the content of the Regulations in a way that enables obtaining, reproducing and recording its content using the IT system used by the User or using other means.
3. The User is bound by the provisions of the Regulations if they have been made available to him in the manner described in section. 2.
4. Any information regarding Digital Products or Services contained on the Operator’s websites or disseminated via other communication channels (e.g. social media) does not constitute an offer within the meaning of Art. 66 of the Civil Code, but alternatively an invitation to conclude an Agreement.
5. For the purposes of concluding the Agreement via the Platform, it is necessary for the User to accept the Regulations – through an appropriate declaration submitted, e.g. via a check-box, or implicitly, by starting to use the Services (free of charge) within the Platform.
§ 5. Purchasing a Digital Product
1. To gain access to specific Digital Products, the User is obliged to go to the page of the Digital Product that interests him, select the appropriate Digital Product and then add it to the cart. After clicking the basket icon, the “Join the Course” button or a button with similar content on the home page or course, the User will be redirected to the order page, where he or she should complete all the data and then make a payment for the selected Digital Product – in the amount corresponding to the selected product. The purchase of a Digital Product requires acceptance of the Platform’s regulations by accepting the appropriate check-box.
2. The Agreement regarding the Digital Product is concluded when the User clicks the “Order and pay” button or a button with similar content.
3. The User may also purchase a Digital Product outside the Platform by sending an inquiry to the Operator electronically, to the Operator’s e-mail address. After receiving the inquiry, the Operator issues a proforma invoice, which should be paid by the User by bank transfer. After posting the payment, the Operator creates a User account and allows the User access to the Digital Product. The contract is concluded when the User pays the proforma invoice in full.
4. The User receives Access to the Digital Product after the payment is credited to the Operator’s account. The User is obliged to pay the Price in the agreed amount to the Operator’s bank account no later than 7 (in words: seven) days from the date of conclusion of the Agreement. If the User does not make the payment within this period, it is considered that the User has withdrawn from the Agreement for reasons attributable to him, and therefore the Agreement is terminated on the last day for payment.
5. The Digital Product is considered delivered when the Digital Product or the means that allows access to the Digital Product or downloading the Digital Product is made available to the User or to a physical or virtual device that the User has independently selected for this purpose, or when the User or such device has gained access to the Digital Product, subject to section 6.
6. In the case of marked Digital Products, in particular Courses, the Operator may make the Digital Content available at specified intervals, i.e. after concluding the Agreement, the User may receive access to some of the Digital Content, while subsequent Digital Content constituting the Digital Product may be made available within indicated by the Operator (example: after purchasing a Digital Product, the User receives access to 1 or 2 Course modules, after a specified period of time, access to subsequent Course modules).
7. Access to the purchased Digital Products may be granted by the Operator for a specified or indefinite period. Information about the duration of Access to a given Digital Product is indicated on the website of a given Digital Product and provided to the User before concluding the Agreement.
8. The Operator provides Digital Products in the version valid on the date of delivery of the Digital Product and does not provide Updates after the date of delivery of the Digital Product – unless it is clearly indicated in the description of the Digital Product that the Digital Product also includes Updates at a later date.
9. If the User is subject to any blocking, suspension or other mechanism preventing the use of the Platform or Services as a result of a violation of the Regulations by the User, the duration of the sanctions does not extend the time for which Access was granted.
§ 6.Conclusion of the Pre-Sale Agreement
1. The User has the option of purchasing Access as part of the Pre-Sale. To purchase a Digital Product in Pre-Order, the User should purchase Access on the same terms as described in § 5, subject to section 2-4.
2. In the case of Digital Products purchased in Pre-Order, the User acquires Access to the Digital Product before the date of its official premiere, which means that the User does not obtain Access to the Digital Product immediately after concluding the Agreement, but within the period indicated by the Operator (e.g. 20-30 days after the start of the Pre-Sale). Information when the User will gain Access to the Digital Product is provided by the Operator at the start of the Pre-sale.
3. The Pre-Sale Agreement is concluded immediately after sending the order form and confirming it with the “Order and pay” button or a button with similar content. The User is obliged to pay for Access immediately after concluding the Agreement, even though the Digital Product is delivered at a later date.
4. Due to Pre-Sale, the Operator may grant Users Special Entitlements, e.g. related to the possibility of purchasing a Digital Product at a lower price than after the official premiere of the Digital Product.
§ 7.Extension of the Agreement by the existing User
1. A User who has previously purchased Access for a specified period of time may extend the Access at any time before the expiry of the period for which the Access was granted, and in order to extend the Access, the User is obliged to place a new order and acquire a new Access to their Digital Product. If the User has not extended the Access and at the same time the period for which the Access was granted has expired, the Access expires and the User loses access to the Platform the day after the Access expires.
2. A User who has previously purchased Access has the option of extending it by the time indicated by the Operator.
3. With respect to existing Users, the Operator may:
a) send e-mails reminding about the expiring Access period;
b) send e-mails informing about the expiration of Access;
c) offer the opportunity to purchase new Access or extend the existing Access.
§ 8. Conclusion of an Agreement regarding Additional Services
1. The Operator also provides Additional Services, which are continuous and do not involve only access to Digital Content within the Platform.
2. The User may conclude an Agreement regarding Additional Services in 2 ways:
a) by purchasing an Additional Service via the Platform – in such a case, the Additional Service is purchased in the manner described in § 5, by sending the order form and its approval. The Agreement is concluded upon approval of the order form;
b) through individual arrangements with the Operator outside the Platform – in such a case, the Additional Service is purchased after the User accepts it scope of Additional Services, price, deadline for providing Additional Services and other important elements of the Agreement. The Agreement is concluded when the User sends an e-mail confirmation that he accepts the terms of the Agreement.
3. The condition for the commencement of the provision of Additional Services by the Operator is the payment of the price in the agreed amount to the Operator’s bank account no later than within 7 (in words: seven) days from the date of conclusion of the Agreement. If the User does not make the payment within this period, it is considered that the User has withdrawn from the Agreement for reasons attributable to him, and therefore the Agreement is terminated on the last day for payment.
[CHAPTER III: PLATFORM REQUIREMENTS]
§ 9.The nature, purpose and development of the Platform
1. The Platform was created primarily to provide Users with Digital Content and Digital Services that will contribute to the development of Users’ digital competences in the virtual world.
2. The Platform enables Users, among others:
a) conclusion of the Agreement;
b) familiarizing yourself with the offer regarding Digital Products or Services;
c) having a User account in order to use specific functionalities of the Platform;
d) subscribing to the newsletter;
e) receiving automated reminders and notifications.
3. The Platform may not be used in any way for purposes that are unlawful or contrary to good practices.
4. The Operator provides the Platform on an “as is” basis, which the User accepts. The Operator does not guarantee that the Platform will fully meet all Users’ needs, nor does it guarantee that the Platform will be able to achieve all the goals referred to in section 1, expected by the User. The Operator is only obliged to provide Digital Content and provide Services in accordance with the Regulations.
5. Due to the fact that the Platform is an IT system managed by the Operator, the Operator may conduct technical and IT work aimed at developing the Platform and providing Digital Products and Services at the highest possible level.
6. As part of the development of the Platform, the Operator may in particular:
a) add new functionalities and change or remove existing functionalities within the Platform;
b) introduce the Platform to other types of devices, e.g. mobile devices;
c) make available the application related to the Platform.
7. If the Operator’s actions referred to in section 6, do not significantly affect the rights and obligations of Users, these activities do not require changes to the Regulations.
8. If the Operator decides to make a mobile application available to Users, the rules for using the application will be specified in separate regulations of the mobile application.
§ 10. Technical requirements for the Platform
1. Before concluding the Agreement, the User is obliged to check whether he or she meets the minimum technical requirements needed to use the Platform, referred to in section 2.
2. To use the Platform via a web browser, at least:
a) having a web browser: Internet Explorer, Mozilla Firefox, Google Chrome, Safari, Opera and Microsoft Edge. Each browser should have JavaScript, CSS, HTML5 and cookies enabled;
b) having permanent access to the Internet;
c) having an active e-mail box.
3. To use the Platform via a mobile device, at least:
a) having a mobile device with any operating system;
b) having permanent access to the Internet;
c) having an active e-mail box.
4. To use Digital Content, depending on their type, you may additionally need standard, publicly available software that allows you to view or play specific types of files such as DOC, PDF, MP4, MP3, MOV, AVI, etc.
5. If, for the purposes of using the Platform, its individual functionalities or Digital Products, it is necessary for the User to meet additional technical requirements other than those indicated in section 2-4, the Operator will inform the User about this before starting to use the Platform by posting appropriate information on the Platform.
[CHAPTER IV: GENERAL RULES FOR THE USE OF THE PLATFORM]
§ 11.Basic rules for using the Platform
1. Each User is responsible for securing login data, including login and password, against making them available to unauthorized persons. It is prohibited to provide login data to third parties, in particular in order for third parties to obtain access to the Digital Content without the obligation to pay the Operator.
2. Giving your login and password to unauthorized persons is strictly prohibited. Providing the login and password to unauthorized persons may contribute to the violation of the security of the Platform and the provision of Services by the Operator, therefore, a finding by the Operator that the indicated data is in the possession of an unauthorized person may result in the blocking of the Services, including the blocking of the User’s account.
3. If the User finds that the login data, including login and password, may have been taken over by an unauthorized person, he or she is obliged to immediately notify the Operator by sending an e-mail to love@energydesign.art. After receiving the notification, the Operator may block the User’s account. After blocking, re-access to the Platform will be possible after changing the password by the User and possibly carrying out authentication activities provided for by the Operator as part of security procedures – in accordance with the information provided by the Operator.
4. The User, under pain of immediate termination of the Agreement for reasons attributable to the User, may not use the Platform or the Services:
a) in a manner inconsistent with their nature and purpose, in particular in a way that prevents or disrupts the use of the Operator’s system or hardware resources by other Users;
b) in a manner leading to the commission of a prohibited or tortious act within the meaning of applicable law, in particular by committing a crime;
c) to send unsolicited commercial information, other spam or to provide illegal content;
d) in a way that undermines the integrity of the Operator’s IT system.
5. The User may not take any action to learn the access data, including logins and passwords, of other Users.
6. The User may not take actions aimed at circumventing protection against unauthorized access, primarily in order to gain access to the Digital Content without the need to pay the Operator.
§ 12.Safety and threats
1. The Operator provides the Services in compliance with appropriate security standards, preventing unauthorized persons from accessing the data and information processed as part of the provision and use of the Services.
2. Despite the Operator taking the measures referred to in section 1, each User should have knowledge about potential threats related to the use of the Internet.
3. The basic threats related to the use of the Internet include, among others, malware, viruses, worms, Trojans (Trojan horses), keyloggers, dialers; spyware; programs tracking User activities; spam; phishing; hacking into the User’s IT system using hacking tools.
4. In order to counteract the threats referred to in section 3, The User should use appropriate security measures – e.g. in the form of an anti-virus program, a firewall, the use of encryption mechanisms, regular maintenance of the devices used, expanding knowledge about issues related to cybersecurity.
[CHAPTER V: USER ACCOUNT AND ITS BLOCKING OR DELETION]
§ 13.User’s account
1. To obtain Access to Digital Products, the User is required to have a User account on the Platform. Without creating a User account, the User may only purchase Additional Services under an Agreement concluded outside the Platform.
2. The User Account is created by the Operator after the User purchases the Digital Product. The User Account allows you to fully use the functionalities available on the Platform. When creating a User account, the User is obliged to provide reliable, current and true personal data.
3. After positive verification, the Operator creates a User account and sends confirmation of the creation of the User account to the provided e-mail address.
4. Using the Platform is not possible using an account belonging to the User within other IT systems (e.g. Facebook, Google).
5. The Platform is intended only for adults, which means that it is prohibited to create a User account by a person under 18 years of age. If a User account is created by a person under 18 years of age, the parents, legal guardians or other legal representatives are responsible for all damages related to the use of the Platform by such User.
6. The Operator has the right to verify at any time whether the User is an adult. For this purpose, the User is obliged to provide the Operator, at the Operator’s express request, with proof of being 18 years old.
7. The Operator may refuse to create a User account in the event of:
a) the Operator has justified doubts as to the identity of the User or the accuracy of the data provided by him;
b) the Operator determines that the User is under 18 years of age;
c) re-registration of the same User after deletion of his User account by the Operator for violating the Regulations – if the User account was deleted within a period of 12 (in words: twelve) months before the date of re-registration.
8. After creating a User account, the User receives access to the functionalities of the Platform that require an active User account, in particular Digital Products.
§ 14. Blocking the User’s account or deleting the User’s account
1. If the User uses the Platform contrary to the Regulations, the Operator may:
a) block the User’s account for a specified or indefinite period;
b) permanently delete the User’s account; depending on the circumstances of the case. In each case, blocking the User’s account results in suspension or loss of Access to the Digital Products contained on the Platform.
2. The User’s account may be blocked when:
a) there is a suspicion that the User is under 18 years of age and has not provided proof of being over 18 years of age;
b) The User impersonates any third party;
c) The User has violated the provisions of § 11;
d) The User violates the rules of using the Platform referred to in § 17;
e) The User uses the functionality of the Platform, Digital Content or Services contrary to the Regulations, in particular violating the intellectual property rights of the Operator or third parties by making the Digital Content available to unauthorized persons;
f) the User attempts to gain access to the Digital Content or paid Services fraudulently or without any obligation to pay;
g) The User is in delay with the payment of any amounts due by more than 14 (fourteen) days.
3. The Operator is entitled to permanently delete the User’s account in the event of a blockade of the User’s account lasting longer than 30 (in words: thirty) days or the expiration or termination of the Agreement, in particular after the expiry of Access.
4. Blocking the User’s account or permanently deleting the User’s account due to violations of the Regulations is possible after the User has been given the opportunity to provide explanations regarding the alleged violation – subject to section 5.
5. The Operator is not obliged to enable the User to provide explanations if the Operator receives an official notification or obtains reliable information about the illegal nature of the User’s data or activity, or if suspending the blocking or deletion of the User’s account may threaten the Operator or a third party with damage, or other serious consequences (e.g. the possibility of bringing the Operator to legal liability, including criminal liability, further violation of the protected goods of a third party, etc.).
6. During the blocking of the User’s account, the User cannot:
a) use the Digital Content available on the Platform;
b) use the Services that require an active User account;
c) create a new User account by purchasing a new Digital Product;
d) use technical measures to bypass or disable the blocking of the User’s account;
e) make further attempts to continue illegal activities despite blocking the account user.
7. Revocation of the blockade of the User’s account after its application by the Operator is possible only if the User provides comprehensive and true explanations, as well as the cessation of violations of the Regulations that were the reason for blocking the User’s account. If there are any consequences of violations committed by the User, an additional condition for withdrawing the blockade of the User’s account is the effective removal of the effects of these violations by the User.
8. If the Operator receives an official notification or obtains reliable information about the illegal nature of data or activity performed by the User, the Operator is entitled to immediately block or delete illegal data on the User’s account, as well as to prevent further illegal activity, in particular by blocking the User’s account and deleting the content posted by the User.
9. In the case referred to in section 8 The Operator will immediately notify the User of the intention to delete data or prevent further illegal activity. After notifying the User, the Operator shall not be liable to the User for deleting unlawful data or preventing unlawful activity, including any resulting damages.
10. The User may at any time request the deletion of the User’s account by sending an appropriate request to the Operator. Deleting the User’s account does not automatically delete the data associated with the User’s account or the history of using the Platform using the User’s account.
[CHAPTER VI: INTERRUPTIONS IN THE OPERATION OF THE PLATFORM AND NOTIFICATION PROCEDURE]
§ 15.Service and maintenance work
1. The Operator provides access to the Platform 24 (twenty-four) hours a day, seven days a week and almost all days of the year, however, access to the Platform may be limited in the event of:
a) failures or errors;
b) maintenance works and works aimed at modifying IT systems, servers, etc.;
c) force majeure;
d) actions of third parties, including interference in the operation of the Platform;
e) other circumstances beyond the Operator’s control.
2. The Operator will inform the User at least 3 (three) days in advance about the intention to carry out service and maintenance works, if these works are significant and require a longer time. The operator will try to ensure that these works take place at night, on weekends and on days off.
3. The Operator has no influence on the performance of service and maintenance works by external suppliers, in particular external software suppliers.
§ 16.Technical assistance
1. The Operator provides the User with technical support for the use of the Platform – within reasonable limits.
2. Technical support does not cover service, maintenance, repair or other IT activities that should be performed on the User’s infrastructure, in particular at his place of residence or on his devices.
3. Technical support is provided remotely, within organizational and time limits.
4. To use technical support, the User should provide a description of the problem to the Operator – via e-mail to love@energydesign.art or via the appropriate functionality within the Platform (if such functionality is introduced).
5. Acceptance of the notification referred to in section 5, will be immediately confirmed by the Operator by sending an e-mail.
[CHAPTER VII: FUNCTIONING OF THE PLATFORM]
§ 17.General rules regarding the use of the Platform
1. The Operator is obliged to deliver Digital Products and provide Services with due diligence that may be required from an entity professionally involved in running online platforms.
2. Each User is obliged to use the Platform in accordance with the law and good practices, respecting the rights of the Operator, other Users and third parties.
3. The User using the Platform is obliged to:
a) express their opinions in a substantive and balanced way;
b) treat the Operator, other people employed by the Operator, and other Users with respect.
§ 18. Digital Products
1. For the purposes of functioning of the Platform, the Operator, personally or with the help of persons employed by him, including experts, prepares Digital Content that will be available on the Platform as a Digital Product. The Operator decides on the type, number and frequency of posting Digital Content.
2. Some of the Digital Content, such as webinars or online workshops, may be created during a separate event organized with the participation of the Operator or an employed expert. In such a case, the User should take part in the event on the date specified by the Operator. If the User is unable to participate in the event in person, he or she will be able to read the event recording after its completion, provided that the Operator records and makes available the event recording.
3. After purchasing the Digital Product, the User may only gain access to the Digital Products in the form applicable on the date of purchase of the Digital Product. Under no circumstances is the Operator obliged to provide archived Digital Products, including at the User’s request.
4. Subject to section 5-6, Digital Content is in each case posted on the Platform for a specified or indefinite period of time. If no information is provided next to a given Digital Content that a given Digital Content has been posted for a fixed period of time, it is assumed that it has been added to the Platform for an indefinite period of time. The following criteria may influence the inclusion of Digital Content for a fixed period of time:
a) topicality of the content discussed;
b) the period for which the expert creating the given Digital Content grants a license to the Operator;
c) popularity of a given Digital Content among Users;
d) opinions about this Digital Content (opinions may come from e.g. surveys or activity statistics).
5. The Operator reserves the right to delete any Digital Content, both current and archived, posted for a specified or indefinite period of time when:
a) a given Digital Content violates or may violate applicable law – in such a case, the Operator has the right to remove this Digital Content immediately after receiving a reliable notification of illegal content, in accordance with Art. 14 of the Act of July 18, 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2020, item 344, as amended);
b) other circumstances occur that the Operator, despite exercising due diligence, could not have predicted when starting the sale of the Digital Product (e.g. in the event of a breach of the cooperation agreement by the expert, etc.).
6. If the Operator intends to delete a given Digital Content during the Access period, it will post information about the planned deletion and remind the User about the possibility of viewing the Digital Content no later than 7 (in words: seven) days before the planned deletion of the Digital Content. The Operator is exempt from the obligation to notify in advance about the planned removal of Digital Content when the Digital Content violates or may violate applicable law, as well as in cases where, for objective reasons, it is impossible to comply with the deadline of 7 (in words: seven) days (e.g. due to withdrawal of the license by the expert with immediate effect).
7. The Operator is entitled to make changes to the Digital Products during the term of the Agreement, with the exception of Digital Products which are delivered on a one-off basis. Changes to Digital Products that have been purchased by the Consumer or PNPK may be made in compliance with the following requirements:
a) changes to the Digital Products may only be made for justified reasons, in particular such as removing defects, adapting the Digital Products to the needs of Users, adapting the Digital Products to legal changes or decisions of courts and authorities;
b) changes in Digital Products cannot result in costs for the Consumer or PNPK;
c) The Operator will inform the Consumer or PNPK in a clear and understandable manner about the change being made;
d) if a change in the Digital Products significantly and negatively affects the User’s access to the Digital Products or their use, the Operator is obliged to inform the Consumer or PNPK in advance, not less than 7 days, on a durable medium, about the properties and date of introducing the change, and rights related to these changes;
e) if a change in the Digital Products significantly and negatively affects the User’s access to or use of the Digital Products, the Consumer or PNPK may terminate the Agreement without notice within 30 days from the date of making the change in the Digital Products or being informed about the changes in the Digital Products , if the notification took place later than this change. The User is not entitled to this right if the Operator provides the Consumer or PNPK, at no additional cost, with the right to keep the Digital Products consistent with the Agreement unchanged.
8. Digital Content should be prepared with the due care that can be expected from an entity professionally involved in the preparation of Digital Content. At the same time, the Operator does not guarantee that the Digital Content posted will fully meet the Users’ expectations and will enable the achievement of all goals subjectively set by the User.
9. After gaining access to the Digital Content, the User can read them in the browser or mobile device used, and also has the right to download the marked Digital Content to his/her medium. The Operator is not obliged to enable the downloading of all Digital Content. The Operator does not impose limits on downloads of Digital Content.
10. The User may use the Digital Content only for personal development purposes. Subject to section 11 The User has no right under any circumstances to use the Digital Content in his/her business or professional activity, in particular for the purposes of selling the Digital Content under his/her own brand, using it to provide services to third parties or other commercial activities using the Digital Content.
11. If the User wants to use the Digital Content in his or her business or professional activity, he or she is obliged to ask the Operator for a license for the given Digital Content by sending a message to the e-mail address: love@energydesign.art. After receiving the inquiry, the Operator may, but does not have to, provide the User with an offer to grant a license for this Digital Content, indicating in particular the amount of the license fee and the duration of the license. The User is entitled to use the Digital Content only after accepting the Operator’s offer and paying the full license fee.
12. If the User gains access to purchased Digital Products through the User’s account, it is prohibited:
a) sharing the User’s account with other people or providing access data to the User’s account with other people,
b) attempting to gain unauthorized access to Digital Products that have not been assigned to the User’s account as a result of their purchase,
c) taking actions that have a negative impact on the functioning of the IT system within which the User’s account operates, in particular through various types of hacking techniques, malware, etc.
d) attempting to download Digital Content to your own medium when the Operator does not provide such an option.
§ 19. Additional services
1. The Operator is obliged to provide Additional Services on the terms set out in the service description or individually agreed with the User, with the due diligence that can be expected from an entity performing professional activities related to Additional Services.
2. The provision of Additional Services takes place within the time specified by the Operator in the description of the Additional Service or agreed upon in consultation with the Additional Services (in the case of Additional Services of an individual nature).
3. Changing the date of implementation of Additional Services at the User’s initiative is possible only with the consent of the Operator.
4. If the provision of Additional Services within a specified period is not possible for reasons attributable to the Operator or third parties beyond the Operator’s control, the Operator may propose the provision of Additional Services at a different date. In such a case, the User may:
a) consent to changing the date or
b) do not consent to the change of date and resign from the Additional Service affected by the change of date.
§ 20. Rules for Posting User Content
1. The User has the right to post User Content on the Platform, in particular on the Blog. The basic rules regarding User Content are included in the Regulations, which does not exclude or limit the Operator’s right to introduce separate regulations containing rules related to User Content. Changing separate regulations does not require changing these Regulations.
2. If the User intends to post any User Content, he or she is obliged to create User Content in accordance with the rules of the Polish language, in a balanced and substantive manner, except when there are justified reasons for posting User Content that is inconsistent with these guidelines (e.g. attention to the laws of the genre of work, stylistic considerations, the way of influencing the sender, etc.).
3. If the User posts any User Content on the Platform, he or she is obliged to ensure that he or she has the rights to use or dispose of such User Content, and is also obliged to ensure that their posting on the Platform does not violate any rights of third parties, in particular personal rights and copyrights. If the User Content contains the image or personal data of third parties, the User is obliged to ensure that the use of such image or personal data takes place in accordance with applicable law.
4. The User may not post User Content that:
a) are inconsistent with the topic of a given thematic module;
b) duplicate User Content that has been previously published by the User. Before posting new User Content, the User is obliged to make sure that similar content has not been posted before;
c) concern technical matters related to the functioning of the Platform – technical matters should be reported by Users electronically to the e-mail address love@energydesign.art;
d) contain advertising links;
e) are used to conduct activities competitive to the Operator or Partners with whom the Operator cooperates, e.g. to promote competitive online platforms;
f) are used to conduct unauthorized advertising, promotional and marketing activities, in particular by placing advertisements, selling and promoting products, services, projects and collections. The exception are dedicated functionalities that may be used for Users’ advertising, promotional and marketing activities;
g) incite or condone violence against any living being, including animals;
h) propagate any fascist or other totalitarian state system;
i) incite hatred based on gender, sexual, national, ethnic, racial or religious differences or on grounds of non-denomination, or condone such hatred;
j) insult a group of people or individual persons because of their gender, sexual, national, ethnic, racial or religious affiliation or because of their lack of any religious denomination;
k) contain content of a chauvinistic and misogynistic nature, as well as containing signs of gender discrimination;
l) defame or insult any third party;
m) violate the personal rights of any third party;
n) contain profanity or other offensive content;
o) encourage or approve of dangerous behavior;
p) offend religious feelings;
q) may cause discomfort to other Users, in particular through lack of empathy or respect of other Users;
r) violate the applicable legal order or good customs in a way other than that specified in point a-q.
5. When posting any User Content on the Platform, the User should be aware that:
a) his User Content may be subject to evaluation and criticism by other Users. The Operator has no influence on the ratings and criticism of third parties, as well as the effects of other User actions that may potentially harm the User’s interests;
b) in the event of posting User Content that is inconsistent with the Regulations, and in particular violates applicable law, the User may incur legal liability, including civil or criminal liability. Therefore, posting any User Content that violates the Regulations is at the User’s sole risk and responsibility.
6. If User Content posted by the User may violate the Regulations, another User or a third party may report such User Content for verification by the Operator. A violation may be reported by e-mail or via the contact form available on the Platform.
7. Verification of the User Content by the Operator will take place no later than 30 (in words: thirty) days from the date of receipt of the notification. In order to verify the User Content, the Operator may request additional information or documents from the reporting person, e.g. confirming the possession of rights that the verified User Content potentially infringes.
8. After verification, the Operator may remove the User Content as violating the Regulations or consider that the User Content does not violate the Regulations.
9. Regardless of reports made by other Users or third parties, the Operator may at any time verify User Content posted by Users, and if it is found that a given User Content violates the Regulations, it may remove such User Content. At the same time, the Operator stipulates that it is not obliged to control User Content posted by Users in advance, in particular through preventive control (e.g. as part of prior checking User Content added by Users) or in any other form of checking User Content. This does not exclude the Operator’s right to use automated mechanisms to detect violations within the Platform.
10. After withdrawing from the Agreement, the Operator may not use User Content, except for User Content that:
a) are only useful in connection with the Digital Services or Digital Content;
b) concern only the activity of the Consumer or PNPK when using the Digital Services or Digital Content;
c) have been combined by the Operator with other data and cannot be disconnected without excessive difficulties;
d) were produced jointly with other Consumers or PNPK who can still use them.
11. At the request of the Consumer or PNPK, the Operator will provide such User, at its own expense, within a reasonable time and in a commonly used machine-readable format, with User Content that was created or delivered while using the Digital Services or Digital Content. This obligation does not apply to the return of User Content referred to in section 10 points a) – c).
§ 21.Special Powers and special actions
1. If the Operator’s business goals so require, the Operator may decide to grant or terminate the granting of Special Entitlements, which may entitle the User to obtain specific benefits as part of the Operator’s activities. The decision to grant or terminate the granting of Special Authorizations rests solely with the Operator.
2. Special Power may include, for example:
a) discounts and rebates for the purchase of products or services of the Operator or Partners;
b) priority in purchasing products of the Operator or Partners;
c) the possibility of purchasing products of the Operator or Partners before their official premiere. The above list of Special Rights is not exhaustive, therefore the Operator may also grant other Special Rights.
3. Special Authorizations may be granted for a specified or indefinite period of time, as well as addressed to all or selected Users (e.g. Users who are using the Platform for the first time).
4. After making the decision to grant Special Authorizations, the Operator will provide Users with information on the rules for granting Special Authorizations, including the time of granting them, the criteria to be met, and the types of Special Authorizations. For the purposes of granting Special Rights, the Operator may establish separate regulations for Special Rights: in such a situation, the condition for using Special Rights is acceptance of these separate regulations.
5. The use of Special Powers is voluntary.
6. The Operator may organize special campaigns within the Platform, which will also include other promotional and marketing activities dedicated to Users. Special campaigns may be organized by the Operator independently or in cooperation with Partners. The rules for carrying out special actions are each time specified in separate special action regulations.
[CHAPTER VIII: FEES. PAYMENT RULES]
§ 22. Fees for Digital Products or Services
1. For the purpose of purchasing a Digital Product or using paid Services, the User is obliged to pay the Operator the Price indicated by the Operator or the remuneration agreed as part of individual negotiations related to the Services.
2. The amounts provided on the Platform are gross amounts.
3. In each case of informing about a reduction in the Prices of Digital Products or Services, the Operator, next to the information about the reduced Price, also includes information about the lowest Price of the Digital Product or Service, which was valid in the period of 30 days before the introduction of the reduction. If a given Digital Product or Service is offered for sale for a period of less than 30 days, next to information about the reduced Price, the Operator also includes information about the lowest Price of the Digital Product or Service, which was valid in the period from the date of commencement of offering this Digital Product for sale until the date of introduction. discounts.
4. If the Operator remains ready to provide Services or Digital Products within the Platform, and the User does not use the Services or Digital Products for reasons attributable to the Operator, the Operator is not obliged to refund any Fees to the User. This reservation does not apply to Users who are Consumers, where the settlement rules are specified by law.
§ 23. Making payments
1. All Fees for Digital Products or Services are paid in advance – before obtaining Access or commencing the provision of Services by the Operator, and, as a rule, they should be paid once.
2. In the case of Additional Services that are agreed individually with the User, the Operator may agree to divide the remuneration payment into tranches, as well as to pay all or part of the remuneration in arrears, after the Additional Service has been performed.
3. Payment is possible using the payment methods indicated on the Platform, in particular through:
a) making the payment by transfer to the indicated bank account;
b) making a payment via a quick payment operator (e.g. tPay, PayPal);
c) making a payment using a payment card.
4. If the payment deadline is not specified expressly in the Regulations or in the information available on the Platform, it is considered that the User is obliged to make the payment no later than 14 (fourteen) days from the date on which the event giving rise to the payment obligation occurred.
5. The payment date is the day the funds are credited to the Operator’s bank account.
6. In the event of a delay in payment, the Operator has the right to charge statutory interest for late payment – in accordance with applicable law.
7. At the User’s request, the Operator will issue a VAT invoice. For this purpose, the User is obliged to provide the Operator with all data necessary to issue a VAT invoice in accordance with the applicable provisions of tax law – by indicating them in the User’s account or sending them to the Operator by e-mail. VAT invoices will be sent electronically to the e-mail address provided by the User. Therefore, the User authorizes the Operator to send VAT invoices via electronic means of communication, in particular to the electronic address provided by the User.
8. The User authorizes the Operator to issue VAT invoices without his signature.
9. The Operator does not collect any data regarding payments via fast payment operators or using a payment card, except for the payment identifier, which allows confirmation that a given payment has been made, as well as the e-mail address, name and surname and BLIK ID (in the case of BLIK payments).
[CHAPTER IX: OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES]
§ 24. Other rights and obligations of the Operator
1. Under the Agreement, the Operator undertakes to:
a) provide Digital Content as well as provide Services under the terms provided for in the Regulations;
b) inform the User about important circumstances related to the use of the Platform;
c) provide Users with information regarding the use of the Platform, including regarding the functioning of the Platform;
d) provide access to the User’s account and related functionalities;
e) take appropriate technical and organizational measures to protect the Platform against loss, damage and unauthorized access or use thereof.
2. The operator has the right to:
a) inform Users, electronically, about important notifications related to the Platform;
b) asking Users about their general opinion and level of satisfaction with using the Platform. Opinions may be collected in the form of questions or short surveys via an IT system;
c) conducting marketing activities in accordance with applicable law and Users’ statements, if required.
§ 25. Other rights and obligations of Users
1. Under the Agreement, the User undertakes to:
a) comply with the provisions of the Regulations;
b) settle all amounts due in accordance with the Regulations or individual arrangements with the Operator;
c) use the Platform in accordance with its intended purpose and available functionalities, as well as in accordance with the law, the provisions of the Regulations and the principles of social coexistence;
d) do not violate the intellectual property rights of the Operator and third parties;
e) cooperate in good faith with the Operator in the proper performance of the Agreement;
f) provide all necessary explanations, information and other data at the Operator’s request;
g) secure access to devices and equipment used to use the Platform.
2. The User has the right to:
a) manage your data and consents;
b) use the Platform in accordance with the Regulations;
c) send inquiries to the Operator’s help department and submit complaints.
[CHAPTER X: LIABILITY OF THE PARTIES]
§ 26. Operator’s liability
1. Subject to the limitations of liability provided for in the remaining provisions of the Regulations, the Operator is not liable for:
a) failure to achieve the goals expected by the User under the Agreement, as well as the unsuitability of the Digital Products or Services for the purpose intended by the User;
b) effects of blocking the User’s account, including withdrawal of access to Digital Products;
c) lack of access to the Platform for reasons attributable to the User;
d) effects of unauthorized interference in the Platform by the User or third parties;
e) loss of data stored in the Operator’s IT systems due to reasons attributable to the User or a third party independent of the Operator;
f) incorrect performance of the Agreement due to reasons attributable to the User or a third party, in particular suppliers due to technical problems attributable to external suppliers (e.g. LMS MasterStudy – Platform provider);
g) technical problems related to making payments due to reasons attributable to third parties, in particular payment operators;
h) actions and omissions of payment operators;
i) acts and omissions of Partners;
j) consequences of delay in payment by the User;
k) failure by the User to follow the Operator’s instructions and recommendations;
l) providing incomplete, false or inconsistent personal data, including contact details;
m) consequences of using the Platform in violation of legal provisions;
n) consequences of the User’s failure to comply with the provisions of the Regulations;
o) effects of force majeure.
2. The User should be aware that due to the specific nature of the industry in which the Operator operates (digital economy), the information contained in the Digital Products may become outdated for reasons beyond the Operator’s control, e.g. as a result of changes introduced by the owners of marketing tools (algorithm change). , disabling functionality, etc.), suppliers of other IT tools, etc. The Operator will make every effort to correct the Digital Products on an ongoing basis, but does not guarantee that they will be up to date at all times from the moment of purchase.
3. The Operator is not liable for lost profits – the Operator’s liability may only concern actual loss.
4. The Operator is not responsible for suppliers of external technologies, devices, services, etc.
5. The Operator’s liability towards the User for compensation for non-performance or improper performance of the Agreement is limited to intentional damage.
6. Limitations and exclusions of liability provided for in the Regulations, in particular in section 1-5, do not apply to damage in respect of which, in accordance with mandatory provisions, the Operator’s liability cannot be limited or excluded.
7. The Operator’s liability towards Users who are Consumers or PNPK for non-performance or improper performance of the Agreement is governed by the applicable provisions of civil law and consumer law, therefore the provisions of this paragraph related to the limitation or exclusion of the Operator’s liability do not apply to Consumers or PNPK.
§ 27. Responsibility for compliance of Digital Products with the Agreement
1. The warranty for defects in Digital Products, referred to in the provisions of the Civil Code, is excluded in the case of Agreements concluded by Users other than the Consumer or PNPK.
2. The provisions on liability for the compliance of the Digital Content with the Agreement, which are contained in the Consumer Rights Act, shall apply to Agreements concluded by the Consumer or PNPK, taking into account the provisions of the Regulations.
3. The Operator is responsible to the Consumer and PNPK for the compliance of the Digital Product with the Agreement. The compliance of the Digital Product with the Agreement is assessed in accordance with the provisions of the Consumer Rights Act.
4. For Digital Products:
a) delivered once or in parts – the Operator is liable for the lack of compliance of the Digital Products with the Agreement, which existed at the time of their delivery and became apparent within two years from that moment;
b) delivered continuously – the Operator is liable for the lack of compliance of the Digital Products with the Agreement, which occurred or became apparent at the time when, in accordance with the Agreement, they were to be delivered.
5. If the Operator delivers Digital Products on a continuous basis, the Digital Products should be compliant for the duration of their delivery in accordance with the Agreement.
§ 28. Bringing the Digital Product into compliance with the Agreement
1. If the Digital Product is inconsistent with the Agreement, the Consumer or PNPK may demand that the Digital Product be brought into compliance with the Agreement.
2. If bringing the Digital Product into compliance with the Agreement is impossible or would require excessive costs for the Operator, he may refuse to bring the Digital Product into compliance with the Agreement.
3. The Operator delivers the Digital Product compliance with the Agreement within a reasonable time, not longer than 21 days, from the moment the Operator was informed by the Consumer or PNPK about the lack of compliance of the Digital Product with the Agreement, and without excessive inconvenience to the Consumer or PNPK, taking into account its nature and purpose, in which it is used.
4. The costs of bringing the Digital Product into compliance with the Agreement are borne by the Operator.
§ 29. Price reduction or withdrawal from the Agreement in the event of non-compliance of the Digital Product with the Agreement
1. If the Digital Product is inconsistent with the Agreement, the Consumer or PNPK may submit a declaration of price reduction or withdrawal from the Agreement when:
a) The Operator refused to bring the Digital Product into compliance with the Agreement in accordance with § 28 section 2;
b) the Operator failed to bring the Digital Product into compliance with the Agreement;
c) the lack of compliance of the Digital Product with the Agreement continues, even though the Operator has tried to bring the Digital Product into compliance with the Agreement;
d) the lack of compliance of the Digital Product with the Agreement is so significant that it justifies reducing the Price or withdrawing from the Agreement without first using the measures referred to in § 28 section 1;
e) it is clear from the Operator’s statement or circumstances that he will not bring the Digital Product into compliance with the Agreement within a reasonable time or without undue inconvenience to the consumer or PNPK.
2. The Reduced Price must be in such proportion to the Price resulting from the Agreement that the value of the Digital Product inconsistent with the Agreement remains to the value of the Digital Product consistent with the Agreement. If the Digital Products are delivered in parts or continuously, the price reduction must take into account the time during which the Digital Product remained non-compliant with the Agreement.
3. The Operator is obliged to return the Price due to the Consumer or PNPK immediately, no later than within 14 days from the date of receipt of the Consumer’s or PNPK’s declaration of the Price reduction.
4. The Consumer or PNPK may not withdraw from the Agreement if the Digital Product is delivered in exchange for payment of the Price and the lack of compliance of the Digital Product with the Agreement is immaterial. The lack of compliance of the Digital Product with the Agreement is presumed to be material.
§ 30. Settlement with the Consumer or PNPK in the event of withdrawal from the Agreement
1. If the Consumer or PNPK withdraws from the Agreement:
a) as part of the rights arising from the consumer warranty for non-compliance of the Digital Product with the Agreement;
b) if the Operator fails to deliver the Digital Product, despite a request from the User, the provisions of this paragraph shall apply to settlements between the Parties.
2. If the Operator has provided the Digital Content on a tangible medium, the Operator may request the return of this medium no later than within 14 days from the date of receipt of the declaration of withdrawal, and the Consumer or PNPK is obliged to return the medium immediately, no later than within 21 days, at the Operator’s expense. .
3. The Operator is obliged to refund the Price only in the part corresponding to the Digital Product that is inconsistent with the Agreement or the Digital Product in respect of which the obligation to deliver it was eliminated as a result of withdrawal from the Agreement. At the same time, the Operator is not entitled to demand payment for the time during which the Digital Product was inconsistent with the Agreement, even if the Consumer or PNPK actually used it before withdrawing from the Agreement.
4. The Operator is obliged to return the Price due to the Consumer or PNPK immediately, no later than within 14 days from the date of receipt of the Consumer’s or PNPK’s declaration of withdrawal from the Agreement.
5. The Operator refunds the price due using the same method of payment as used by the Consumer or PNPK, unless the Consumer or PNPK has expressly agreed to a different method of return that does not involve any costs for him.
§ 31. User’s responsibility
1. The User is liable to the Operator under general principles of law, including liability for the actions of third parties with whom he or she performs the Agreement or to whom he or she entrusts the performance of the Agreement in whole or in part, as well as for his or her own actions.
2. The User is particularly liable to the Operator for:
a) using the Platform, Digital Products or Services contrary to the Regulations, in particular by using it for purposes inconsistent with its intended purpose;
b) causing damage to a third party while using the Platform, in particular in the form of violating any third party rights;
c) conducting illegal activities using the Platform;
d) violation of intellectual property rights or other intangible rights of the Operator or third parties;
e) delays in the performance of obligations provided for in the Regulations;
f) non-payment or late payment;
g) providing false, incomplete or otherwise inconsistent with the actual or legal status of information for the purposes of using the Platform.
3. In the event of third parties making any claims against the Operator due to upon the User’s use of the Platform, the User releases the Operator from liability towards this third party and also covers all documented costs incurred by the Operator in connection with these claims. This reservation does not apply to Users who are consumers.
[CHAPTER XI: DURATION OF THE CONTRACT]
§ 32. Duration of the agreement
1. The agreement regarding free Electronic Services is concluded for an indefinite period.
2. The agreement regarding paid Additional Services is concluded for a specified or indefinite period, in accordance with the description of the Additional Service or arrangements made individually with the Operator.
3. The contract for the purchase of a Digital Product is a one-time service.
§ 33. Termination of the Agreement
1. The Operator may terminate the Agreement for important reasons attributable to it, with a notice period of 1 (in words: one) month, effective on the last day of the month, in particular in the case of:
a) withdrawal, limitation, expiry, change of the Operator’s rights or conditions of business, in particular as a result of an administrative decision, other ruling or change in law;
b) the Operator’s loss of technical, financial or organizational capabilities allowing it to perform the Agreement at the current level;
c) changes in the nature of the activities conducted by the Operator;
d) closing or selling the Platform.
2. In the situations referred to in § 31 section 2, the Operator may terminate the Agreement without notice, after requesting the User to perform a specific action or omission and setting an additional deadline, not shorter than 7 (in words: seven) days, to remove the violations, if it is possible to remove the violations.
3. In the event of termination of the Agreement by the Operator for reasons attributable to the User, the User is not entitled to any claims for compensation against the Operator in this respect, nor is he entitled to a refund of the amounts paid. This limitation does not apply to Users who are Consumers or PNPK, where the settlement rules are specified in the provisions of consumer law.
4. In the case of an Agreement regarding free Services that was concluded for an indefinite period, the User may terminate the Agreement with the Operator at any time by sending a declaration of termination of the Agreement or ceasing to use the Services (e.g. by deleting the User’s account, unsubscribing from the newsletter, etc.). .
5. Subject to section 6, in the case of an Agreement regarding any paid Services, the User may terminate the Agreement only for important reasons. In the event of termination of the Agreement without a valid reason, the User may be obliged to repair the resulting damage, in accordance with general legal principles.
6. The operator may introduce quality or satisfaction guarantee mechanisms. In such a case, the User, no later than 14 (fourteen) days from the date of conclusion of the Agreement, may resign from the purchased Digital Products or Services by sending a declaration of resignation to the Operator electronically, according to the template provided by the Operator. The User should indicate the reason why he is not satisfied with the Digital Products or Services. After receiving the Operator’s declaration of resignation, the Operator will refund the paid Price in full to the User.
[CHAPTER XII: RIGHT TO WITHDRAW FROM THE CONTRACT]
§ 34. Withdrawal from the Agreement by the User being a Consumer or PNPK
1. A User who is a Consumer or PNPK may, in principle, withdraw from a distance Agreement without giving a reason within 14 (in words: fourteen) days from the date of its conclusion by submitting a declaration of withdrawal. In order to exercise the right to withdraw from the Agreement without giving reasons, the User should send the Operator a statement in writing or electronically, in accordance with the Operator’s contact details. The User may, but is not obliged to, use the form provided by the Operator.
2. Pursuant to Art. 38 of the Act of May 30, 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287, as amended – hereinafter referred to as the Act on Consumer Rights), the User is not entitled to withdraw from the Agreement for:
a) provision of Services for which the User is obliged to pay the Price, if the Operator has fully performed the Service with the express and prior consent of the User, who was informed before the commencement of the provision that after the Operator has provided the service, he will lose the right to withdraw from the Agreement, and has accepted this the news;
b) delivery of Digital Content not delivered on a tangible medium, for which the User is obliged to pay the Price, if the Operator commenced the provision with the express and prior consent of the User, who was informed before the commencement of the provision that after the Operator has completed the provision, he or she will lose the right to withdraw from the Agreement, and acknowledged it, and the Operator provided the User with the confirmation referred to in Art. 21 section 2 u.p.k.
3. If any of the conditions provided for in section 2, the User has no right to withdraw from the Agreement without giving reasons.
4. In the event of effective withdrawal from a distance Agreement, the Agreement is considered not concluded and the User is released from all obligations, except for the costs specified in Art. 35 u.p.k. With the exception of these costs, the Parties are obliged to return to each other what they have provided until the withdrawal from the Agreement.
5. The Operator will immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal, return to the User the payments made by him, which he is obliged to return.
6. The Operator refunds the payment using the same payment method used by the User, unless the User has agreed to a different method of refund that does not involve any costs for the Operator.
[CHAPTER XIII: COMPLAINT PROCEDURE]
§ 35. Complaint procedure
1. If it is found that the Agreement is not being performed in accordance with the provisions of the Regulations, the User may submit a complaint.
2. Complaints can be submitted by sending the complaint to the e-mail address love@energydesign.art;
3. The complaint should include:
a) name and surname (possibly company) of the User;
b) contact details;
c) a detailed description of the non-compliance of the Agreement with the Regulations.
4. After receiving the complaint, the Operator immediately confirms its receipt – electronically, to the provided electronic address.
5. Complaints are considered within 14 (fourteen) days from the date of submission of the complaint.
6. If the Operator has not delivered the Digital Product in accordance with the Agreement, the User who is a Consumer or PNPK may submit a complaint requesting the Operator to deliver the Digital Product. If, despite this request, the Operator does not deliver the Digital Product immediately or within an additional period agreed between the Parties, the User may withdraw from the Agreement. The Consumer or PNPK may withdraw from the Agreement without calling the Operator to deliver the Digital Product when:
a) the Operator’s statement or circumstances clearly indicate that the Operator will not deliver the Digital Product;
b) The Parties have agreed or the circumstances of concluding the Agreement clearly indicate that the specified deadline for the delivery of the Digital Product was of significant importance to the User, and the Operator did not deliver it within that deadline.
[CHAPTER XIV: OUT-OF-COURT METHODS OF RESOLVING DISPUTES]
§ 36. Amicable resolution of disputes
1. Detailed information regarding the possibility for a User who is a Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites of district (municipal) consumer ombudsmen and social organizations whose statutory tasks include consumer protection. , Provincial Inspectorates of the Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
http://www.uokik.gov.pl/sprawy_osobalne.php
http://www.uokik.gov.pl/wazne_adresy.php
2. The User who is a Consumer has the following options to use out-of-court methods of dealing with complaints and pursuing claims:
a) applying to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2020, item 1706, as amended), with a request to resolve a dispute arising from the concluded Agreement. The regulations for the organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of September 6, 2017 on determining the regulations for the organization and operation of permanent consumer arbitration courts attached to provincial trade inspection inspectors (Journal of Laws of 2017, item 1356);
b) applying to the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2020, item 1706, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute with the Operator. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of the Trade Inspection;
c) obtaining free assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address advice@dlakonsumentow.pl;
d) using the European Union ODR online platform enabling the submission of complaints and pursuing claims related to the Agreement, which is the European Union platform located at: http://ec.europa.eu/consumers/odr/.
[CHAPTER XV: PROTECTION OF INTELLECTUAL PROPERTY. PERSONAL DATA PROTECTION. OPINIONS]
§ 37. Intellectual property rights
1. Platform and all materials available on the Platform, in particular all Digital Content, source code, layout, logo, databases, etc., as well as all other content prepared by the Operator or persons employed by the Operator for the needs of Digital Products or in connection with the Products Digital assets may constitute protected intangible goods, hereinafter referred to as “Intangible Goods” – and be subject to protection in accordance with applicable intellectual property regulations. The User undertakes not to infringe intellectual property rights in relation to these Intangible Goods throughout the duration of the Agreement and after its termination, under penalty of liability for damages provided for in the relevant provisions of law.
2. Pursuant to the Regulations, the Operator grants the User a non-exclusive license to use Intangible Goods, to the extent necessary for the proper use of the Platform or Services.
3. The license referred to in section 2, is granted for the period of use of the Platform or Services, in the territory where the User resides.
4. The User may not grant further licenses (sublicenses) to third parties.
5. The User may not transfer the rights resulting from the granted license to third parties without the Operator’s consent expressed in writing.
6. Taking into account the provisions on fair use, the User is strictly prohibited without the Operator’s consent:
a) permanent or temporary multiplication (reproduction) of Intangible Goods, in whole or in part, by any means and in any form;
b) introducing any corrections, modifications of sources and changes in the structure of Intangible Goods;
c) use of Intangible Goods and their parts, fragments or versions in other software or work;
d) creating software similar to the Platform, which could constitute a development of the Platform;
e) reproducing, decompiling, disassembling and any other activities that will lead to obtaining the source code in violation of applicable law;
f) reselling, disseminating, lending, leasing, renting, giving paid or free of charge to third parties the Intangible Goods, their copies, any modifications and documentation;
g) use of Intangible Goods in business or professional activities, in particular in activities competitive to the Operator’s activities;
h) performing any actions disposing of rights to Intangible Goods for the benefit of third parties.
7. The license will be granted when the User obtains access to the Intangible Goods necessary to use the Platform or Services. The license expires upon termination of use of the Platform, regardless of the mode in which this occurs, and in the case of Digital Products – upon expiration of Access. In the case of Digital Content that has been previously downloaded and saved by the User, after the termination of the Agreement, the User may use this Digital Content only on the basis of fair use.
8. The User undertakes to respect the intellectual property rights of third parties, in particular experts and external suppliers.
9. In case of any doubts related to intellectual property rights and the scope of the granted license, the User should immediately contact the Operator. If the User intends to use the Digital Content in any way in his or her business or professional activity, he or she is obliged to obtain a paid license from the Operator on the terms described in § 18 section 11.
10. With respect to works that may be created or used by the User within the Platform, the User grants the Operator a non-exclusive, transferable and transferable license to use these works in the activities conducted by the Operator. Under the granted license, the Operator is entitled to use the works in all fields of exploitation that prove necessary to achieve the Operator’s goals. The license is granted for an indefinite period, without territorial restrictions. The Operator is entitled to grant further licenses to third parties, in particular for the purposes of employing experts and subcontractors. The license is granted by the User free of charge, which means that the User is not entitled to any remuneration for providing the work for use.
§ 38.Personal data protection
1. The Administrator of Users’ Personal Data is the Operator.
2. Detailed rules related to the processing of personal data and cookies are described in the Privacy Policy available at: https://energydesign.art/privacy-policy/
3. When using any personal data belonging to third parties for the purposes of performing the Agreement, the User is obliged to ensure that the use of this data was carried out in accordance with the law, and in particular, that the entities to which the data belong were properly informed about their use.
4. If the User uses personal data belonging to third parties, the Operator has the right to assume that the use of such personal data is lawful.
5. In the event that:
a) The User does not properly fulfill the obligations specified in section 3;
b) The User illegally uses personal data belonging to third parties, and for this reason the Operator bears any liability (civil, administrative). The User may be obliged to compensate the Operator for any damage caused by this – on general principles of law.
§ 39.Opinions
1. The Operator may provide Users with the opportunity to post opinions about the Platform, Operator or Digital Products – within the Platform or external websites belonging to third parties. In such a case, the provisions of this paragraph shall apply to posting opinions.
2. Posting an opinion is possible after using the Platform, in particular after concluding the Agreement, and posting an opinion is possible at any time.
3. the user should formulate opinions in a reliable, honest and substantive manner, linguistically correct as far as possible and without using vulgarisms and other words commonly considered offensive.
4. It is prohibited to post opinions:
a) without first using the Platform;
b) fulfilling the features of an act of unfair competition within the meaning of Art. 3 of the Act of 16 April 1993 on combating unfair competition;
c) violating the personal rights of the Operator or a third party;
d) by paid users, in order to artificially increase or decrease the rating of the Digital Product.
5. The Operator may at any time verify whether the posted opinions comply with the Regulations, and in particular whether they come from Users who actually purchased the Digital Product. In addition, in case of any doubts the User has regarding the posted opinions, the User may submit the opinion to the Operator for verification. After receiving the User’s notification, the Operator will take actions appropriate to its capabilities to verify the posted opinion.
6. If an opinion is posted that does not meet the requirements provided for in the Regulations, the Operator may refuse to publish the opinion or delete it.
[CHAPTER XVI: FINAL PROVISIONS]
§ 40. Contact with the Operator
1. Contact with the Operator is possible as follows:
– by e-mail: love@energydesign.art;
2. The preferred form of communication between the Parties is electronic correspondence via e-mail.
§ 41.Final Provisions
1. The Operator reserves the right to make changes to the Regulations in the following cases:
a) change of conditions regarding the Platform;
b) the need to adapt the Regulations to legal changes;
c) the need to adapt the Regulations to the decision, judgment or other ruling of a competent court or state authority;
d) the need to fulfill the legal obligation imposed on the Operator;
e) editorial changes.
2. Each document is marked with the date from which its provisions apply.
3. Changes to the Regulations are published on the Platform, and Users will also be notified about the planned change to the content of the Regulations electronically, via e-mail (if the Operator has the User’s e-mail address). Archived versions of the Regulations are posted below.
4. Changes to the Regulations become effective on the date indicated by the Operator, at the earliest one week after the notification referred to in section 3.
5. If the change in the Regulations is of a significant nature and significantly affects the rights or obligations of the User who is a Consumer or PNPK, the Consumer or PNPK has the right to terminate the Agreement, which is to be performed also after the change in the Regulations, until the planned entry into force of the changes.
6. The law applicable to the Agreement is Polish law. In matters not regulated in the Regulations, the relevant provisions of Polish law shall apply.
7. If the Regulations are prepared in different language versions, the Polish version shall prevail.
8. The headings of editorial units (paragraphs) used in the Regulations are informative for the convenience of the Parties and do not affect the interpretation of the Agreement.
9. All annexes constitute an integral part of the Regulations.
10. If any provision of the Regulations, in whole or in part, is deemed invalid, ineffective or impossible to enforce, it will not affect the validity, effectiveness or enforceability of the remaining provisions of the Regulations. The parties hereby agree to replace such provision with applicable law.
11. In the event of any disputes arising between the Parties regarding the conclusion, interpretation, implementation and legal effects of the Agreement, the Parties will enter into negotiations in good faith in order to resolve the dispute amicably. If the dispute is not resolved amicably, the Parties will refer the dispute to a common court competent for the Operator’s registered office, and in the case of Users who are consumers or PNPK – to a common court whose jurisdiction is determined by the provisions of the Act of November 17, 1964 – Code of Civil Procedure (consolidated text: Journal of Laws .U. 2021, item 1820, as amended).
12. The Regulations are valid from October 26, 2023.
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Polski