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TERMS AND CONDITIONS OF USING WWW.L-A-J.PL SERVICES
§ 1.
Definitions
- The following terms used in these Terms of Use have the following meaning in capital letters:
- Administrator/Language School – Edu Lub Rent Spółka z ograniczoną odpowiedzialnością with its registered office in Lublin, at 11/4 Boczna Lubomelska Street, 20-070 Lublin, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Lublin Wschód in Lublin with its registered office in Świdnik, VI Economic Department of the National Court Register under KRS number: 0000995064, REGON: 523267965, NIP: 7123442360. The proper address for correspondence is: _______________[1]
- Service – the website located at www.l-a-j.pl, operated by the Administrator,
- Regulations – these regulations of the website, constituting an integral part of the Course Contract,
- E-mail – electronic mail address characterised by the User’s individual Internet address (e-mail address), through which the User may send and receive messages and other data,
- Website functionality – specially designed dedicated mechanisms and solutions, enabling all Users to use the Services offered by the Website in an accessible manner,
- User – a natural person over the age of 15 who uses the Functionality of the Website and orders a Language Course through it,
- Participant – a User who selects and orders a Language Course,
- Lector – a person who runs a Language Course and who has been selected by the Language School to provide these services,
- Consumer – a natural person making such a legal transaction with an entrepreneur which is not directly related to that person’s commercial or professional activity. 11,
- Language Course – a language course conducted by a Lecturer in a form chosen by the User, including a series of educational classes on a specific topic, which is on offer or which is conducted in accordance with an individual request of the Participant under terms and conditions specified in the Course Agreement. The subject matter of the Course, additional technical requirements, if any, the scope of the Classes, the duration and number of Classes and the Course Price shall each time be specified in the Course Agreement.
- Course Contract – agreement concluded between the User and the Administrator, based on which the Administrator undertakes to organise and deliver a Course to the Participant, specifying the essential elements of the Course and terms of provision of the service,
- Price – the value of the service provided by the Language School to the Participant as specified in the Course Agreement,
- Schedule – document specifying the number, frequency of Classes and dates of Classes planned for a given Course, available upon signing the Course Agreement,
- Class – a meeting with a Lecturer within a given Course, during which the Lecturer imparts knowledge to the Participant in accordance with the subject matter of the Course chosen by the Participant, the scheme and rules laid down by the Language School,
- Form – document filled in by the User in order to order a Course,
- Test – a placement test which the User is obliged to complete before ordering the appropriate Language Course in order to verify the level of knowledge of the given language and to match it with the appropriate type of Language Course,
- Place – an establishment of the Language School located in the Republic of Poland, in which a Language Course is provided in a stationary form in accordance with the Course Agreement,
- Services provided electronically – services provided by the School to Users through the Platform, consisting in enabling the Student to participate in Courses conducted online.
§2.
Basic information
- These Regulations define the terms and conditions for the use of the Site and its functionalities by Users, including the terms and conditions for the provision of Language Courses.
- These Terms and Conditions apply to all Course Contracts, regardless of the form of the Language Course chosen.
- Within the Site, Users can verify their language level by taking a Test and choose a Language Course according to their preferences, tailored to their needs and requirements. Users also have the possibility of ordering the chosen Language Course.
- The use of the Website is completely free of charge.
- The Website is only available to persons aged 15 years and over.
- Comments and queries regarding the Service may be addressed to the Administrator via the Service contact form or at the e-mail address: _________________[2]
- The Administrator reserves the possibility to change the Service functionality by extending it with new functions and conveniences for the Users, as well as changes in the Service functionality at any time, however without reducing the scope of the Service functionality provided to the User.
- The technical conditions of use of the Service, are important for its correct functioning, correct appearance in the Internet browser, as well as for the security of the User’s data. Each User shall comply with the following conditions and guidelines, and any action taken by the User to the contrary (intentionally or unintentionally) shall be done at his/her sole responsibility. In order to fully use the Functionality of the Website, it is necessary to have:
- equipment that allows the use of Internet resources,
- e-mail box
- an Internet browser,
- an operating system
- access to a fast and fluent Internet connection.
§3.
Conclusion of the Course Contract
- Each Participant is obliged to read and accept the Terms and Conditions before ordering a Language Course and concluding a Course Contract.
- conclusion of the Course Contract is preceded by a Test. All Users interested in ordering a Language Course[3] are required to complete a Test to verify their language level.
- After completing the Test, the User receives feedback within seconds on the level of knowledge of the foreign language to which the Test pertained. The possibility of using the Tests available on the website and their completion is free of charge.
- When the User wishes to order a selected Language Course, he/she can go directly from the page where the Test result is displayed to choose the type of Classes according to his/her preferences. In the next step, the User is obliged to complete the Form and follow further messages and instructions displayed on the Site.
- When the Form is filled in correctly, the User will receive a confirmation message to the e-mail address indicated in the Form. Upon receipt of the message confirming participation in the Language Course, a Course Contract is concluded between the Participant and the Administrator.
- The Course Agreement is concluded for a fixed period of time, i.e. from the date of its conclusion until the end of the Classes.
- Conclusion of the Agreement entails obligations on the part of the Language School towards the Participant to deliver the Course in accordance with the provisions of these Terms and Conditions and the Course Agreement with the highest diligence required of a professional.
§4.
Rules of delivery of the Course Agreement
- A Language Course may be a group or individual course and may take place either in a stationary or an online format. The form of the Language Course chosen by the User is specified in the Course Contract and in the confirmation of the Language Course order received by the User.
- The Course shall start on the date specified in the Course Agreement and the Course Schedule.
- The School undertakes to provide the number of Classes specified in the Course Contract.
- The duration of one Class and the number of Classes shall be specified in each case in the Course Contract. The duration of Classes and the number of Classes may be specified differently for each of the Courses organised by the Language School.
- If the Participant opts for a Language Course in a stationary form, the Classes take place at the Facility, at __________________[4].
- In the event that the Participant opts for a Language Course in online form, such Classes take place on the Google Meet platform and the minimum hardware requirements for proper participation in the Language Course are:
- CPU: 2 GHz dual-core processor or better (4-core recommended),
- memory: 2 GB RAM (4 GB recommended),
- operating system Windows 8 (Windows 10 recommended), Mac OS 10.13, (latest version recommended), Linux, Chrome OS,
- browsers: Google Chrome, Mozilla Firefox, Safari in latest versions,
- Connectivity: min. 2Mbps in two directions. 12,
- Google account.
- in order to use all the features of the Online Language Course, the options “Switch on microphone” and “Switch on camera” must be activated at all times to enable the uploading of video and audio. Participant acknowledges that not enabling the aforementioned options may reduce the quality and effectiveness of the Online Language Course. 8.
- In the event of the absence of the Lector delivering the Course, the Language School may appoint another Lector to deliver the Course as a substitute. Where it is not possible to appoint a substitute Course Leader, the Language School undertakes to immediately notify the Participant of this situation and to propose other people to act as a Course Leader or to change the dates of the Classes specified in the Schedule.
- The Language School may, if necessary, permanently appoint new persons as Lecturers to deliver Language Courses.
- A Participant who has opted for a Language Course in the form of group classes has the right to change the class group of the ordered Language Course to another group at the Language School in which there are free places available, by applying to the Language School by e-mail or in writing, which will indicate the available groups to the Participant. A change of group does not incur additional fees as long as it is a class group of the same Language Course at the same Price as the existing Course and as long as the request for change is made within 30 days of the start of the Course. In the event that the Price of the Language Course in the new class group is higher than in the class group in which the Participant was enrolled, the Participant undertakes to pay the difference to the Price of the Language Course in the new group in accordance with the price list provided by the Language School. In the event that the Language Course Price in the new group is lower than in the group in which the Participant was enrolled, the Language School will refund the difference resulting from the Language Course Price.
- The Participant is obliged to pay the fees for the Language Course on time in accordance with the information in the Course Contract and is also obliged to be punctual, to be prepared for classes, to have materials such as textbooks or exercise materials if required and to participate actively in classes. The student may not disturb the Classes or behave in a manner contrary to the norms of social co-existence, in particular those concerning religious or national feelings.
- The School undertakes to conduct the number of Classes in the Language Course specified in the Schedule and the Course Contract.
- The Participant may only join the Language Course during its duration with the express consent of the Participant and is bound by the circumstance that the Participant will not participate in the Classes which were held prior to his/her joining the Language Course.
- The Language Course is completed in its entirety when the School has carried out the Classes specified in the Schedule and the Course Agreement, regardless of the Participant’s attendance.
- Settlement of the Course will take place at the end of the Course at the request of the Participant notified by e-mail within 14 days of the end of the Course. Settlement of the Classes shall take place within 30 days of the Participant’s request and shall consist in the presentation of a summary of the number of Classes held from the commencement date of the Language Course until its completion, i.e. until the date on which the last Classes were held in accordance with the Schedule of the Language Course. If the number of Classes organised by the Language School during this period is in aggregate less than the number specified in the Agreement and the Schedule, the Participant may claim from the Language School a refund of the price for each Class not completed. In order to obtain any reimbursement, the Client is obliged to make such a request via email – within 14 days of obtaining the breakdown.
- In the event that the Language School cancels the Classes, the Language School will offer an additional date for the Classes to enable the number of hours to be completed in accordance with the programme of the Course.
- In the event of the Participant’s absence at the Classes:
- the School may offer the Participant to attend the Classes on an additional date in order to make up for the Participant’s lack of attendance at the Classes.
- In the event of the Participant’s absence from the Classes and the Participant’s non-attendance at the Classes referred to in the preceding paragraph, the Client shall not be entitled to claim from the Language School a refund of the fees incurred for the Classes in which the Participant did not participate.
- In the case of a Language Course conducted in an individual form, the Participant is obliged to notify the School of the cancellation of the Classes no later than 24 hours before the Classes, either by e-mail or by telephone. If this deadline is not met, the Classes will be forfeited without the Participant being able to attend them at another time.
- By enrolling in the Language Course, the Participant is aware that his/her results achieved as a result of attending the Language Course also depend on his/her work and commitment, as well as following the instructions and directions of the LECTOR.
- It is not permitted:
- to use the Language Course in a manner that violates or tends to violate applicable laws, good morals or the personal rights of third parties, including in particular the provision by the Participant of content of an unlawful nature, the use of vulgarities or offensive terms,
- impersonating another Participant,
- take any action to the detriment of third parties and/or the Language School, or which is intended to hinder or interfere with the normal operation of the Language School
- record and distribute recordings of classes, including images of other Participants and the Lecturer,
- upload content that infringes intellectual property rights,
- make it possible for a person other than the Student to participate in the Course.
- Participation in the Language Course is prohibited for persons who are not Participants.
- Upon completion of the Course, the Participant receives a certificate or diploma (depending on the type of the Course).
- In the case of group and individual Language Courses on a stationary basis, the prerequisite for obtaining a certificate is passing all tests at a minimum level of 60% and attendance at a level not higher than 60%. 23 For group and individual Language Courses in full-time mode, the requirements for obtaining the certificate are that the Student must pass all tests with a minimum of 60% and have at least 70% attendance.
- In the case of group and individual Language Courses in online form, the requirements for obtaining the certificate are at least 70% attendance and a positive assessment of the Participant’s progress made by the Lecturer. [5]
§ 5.
Payments
- The price of the Course and the form of payment for the Course are specified in the Course Contract. 2) The price of the Course includes VAT.
- The price of the Course includes VAT.
- The School allows payment for the Language Course in the form of instalments. Detailed terms of payment for the Course are specified in the Course Contract.
- each time payment for the Course shall be made to the bank account indicated by the Language School.
- the day on which the funds are credited to the bank account of the Language School shall be deemed to be the day of payment.
- If the Participant fails to pay the fee for the first instalment on time, the Language Course ordered by him/her will not be commenced.
- The Language School will begin charging further fees for the Language Course after the first Classes have taken place.
- If the fee for any of the instalments (except the first instalment) is not paid on time, the Language School is entitled to take the following actions:
- to address a request to the Participant to pay the arrears by an additional deadline,
- make it impossible for the Participant to participate in the Classes, together with blocking access to the Classes – after having sent the Client a call for payment of the overdue amount within an additional period of 7 days from the date of the Client’s sending the call, on pain of making it impossible for the Participant to participate in the Classes or blocking access to the Classes,
- terminate the Course Agreement with the Participant without notice, after the Participant has been requested to settle the outstanding payment within an additional period of 7 days from the date of the Participant’s request under pain of termination of the Agreement with immediate effect.
- The Language School is entitled to change the number of Lessons during the course of the Language Course as well as the price of the Language Course during its duration. If any of the changes to the Language Course occur, the Language School will inform the Participant of the change. The Language School will also indicate the new number of Lessons or the new Price (depending on which aspect has been changed). In this case, the Customer is entitled to terminate the Agreement before the change takes effect. If no declaration of termination is made before the change comes into effect, the Participant will be deemed to have accepted the change.
§ 6.
Termination of the Course Agreement
- Either Party may terminate the Course Agreement by giving one month’s notice effective at the end of a calendar month.
- the Language School is obliged to provide services during the period of notice and the Customer is obliged to pay for these services.
- The Language School offers Language Courses for which it is not possible to terminate the Agreement with a period of notice. The above circumstance will be specified each time in the Course Contract.
- The Customer is obliged to submit a notice of termination of the Agreement with a period of notice by e-mail to: ______________[6] or in writing to the registered address of the Language School. The Language School will acknowledge receipt of the notice of termination of the Course Contract with a period of notice.
- Termination of the Course Agreement does not result in an obligation on the part of the Language School to refund the payments made by the Participant for the purchase of the Language Course and the execution of the Course Agreement.
- A language course group may be terminated when the size of the group is less than 60 % of the maximum number specified in the Course Contract. In such a situation, at the Participant’s choice, the Participant has the option to continue the Language Course in another group proposed by the Language School or to terminate the Course Contract. In the event that the price of the Course in the new group chosen by the Participant is lower than in the terminated group in which the Participant was enrolled, the Language School will refund the difference resulting from the price of the Language Course. In the event of the Participant’s termination of the Language Course Contract, the Language School will refund the Participant the payments made, with a simultaneous settlement of the classes attended.
- The Language School also reserves the right not to start a given class group of a chosen Language Course in case of insufficient number of classes. In such a situation, at the choice of the Participant, he/she may either be transferred to another class group or terminate the Course Contract. In the event of a situation of giving notice of termination in the absence of a group of classes of the chosen Language Course, the Language School is obliged to refund the money paid by the Participant within 7 days of receipt of the notice of termination by the Language School in the same way as the payment was made.
§ 7.
Complaints
- The Participant has the right to lodge a complaint concerning the Language Course in particular in accordance with the relevant regulations within a period of two months from the date on which the grounds for complaint arose.
- The User may also lodge a complaint regarding the functioning of the Site and the Administrator’s actions undertaken in the course of order processing. A complaint should be submitted electronically using the electronic form available on the website of the Service or by sending an e-mail to: ________________.[7] The complaint should contain at least:
- first name, surname, address, electronic mail address (e-mail) of the User,date of
- conclusion of the Agreement forming the basis for the complaint,
- subject matter of the complaint, with indication of the User’s request,any
- circumstances justifying the complaint.
- complaints should be submitted to the Language School in writing or in person, by telephone or e-mail, to the addresses of the School or on the website www.l-a-j.pl.
- The Language School will consider the complaint and notify the Participant of the manner in which it has been resolved no later than 30 days from the date of receipt, by email to the email address indicated by the Participant when completing the Form.
- The Language School does not guarantee any Language Course within the meaning of the Civil Code.
§ 8.
Withdrawal from the Course Contract
- In the case of Course Agreements concluded at a distance, the Participant who is a Consumer has the right to withdraw from the Course Agreement
- If the Consumer exercises his/her right to withdraw from the Course Agreement after having requested to provide him/her with the Course before the expiry of the time limit for withdrawal from the Course Agreement, he/she shall be obliged to pay for the Classes held until the withdrawal from the Course Agreement. The amount referred to in the preceding sentence shall be calculated in proportion to the extent of the Classes held in relation to the price for the entire Course agreed in the Course Agreement.
§ 9.
Administrator’s liability
- The Administrator shall make all necessary efforts to ensure that the Service functions correctly in technical terms. As the Service is being continuously improved, there is a possibility of temporary interruptions in its operation. The Administrator continuously undertakes activities to provide the User with the functionalities of the Service without any defects.
- The Administrator shall not be held liable for the actions of the Providers and the performance of the agreement for the provision of Services concluded between the Providers and Recipients through the Website, but undertakes continuous actions to monitor and improve the quality of the Services.
§ 10.
Final provisions
- Exclusive copyrights to the www.l-a-j.pl service and the source code belong to the Administrator and are protected in accordance with the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2019, item 1231, as amended). Copying and providing any related materials to third parties is prohibited by law.
- The Administrator may, for important reasons (change of address, changes beneficial to the Users, change of the scope of activity of the Service, change of market conditions in the sector of activity of the Service, changes in the applicable legislation concerning the Agreement or services, introduction of new functionalities in the Service), amend the Regulations during the term of the Agreement.
- The User shall be notified of any change to the Terms and Conditions by making the content of the new Terms and Conditions available on the Website before the change comes into effect.
- A change in the requirements for technical conditions necessary to use the functionalities of the Website shall not constitute an amendment to the Terms and Conditions if it does not lead to a limitation of the existing functionalities of the Website.
- Matters not covered by these Regulations shall be governed by the applicable provisions of law including the Civil Code, the Act on Provision of Electronic Services and, in the case of Course Agreements concluded by Participants, the provisions of the Act of 30 May 2014 on Consumer Rights.
- The Participant may contact the Language School by letter to the address of its registered office, by telephone at _____ and by email correspondence at ___________.[8].
- These Terms and Conditions are governed by Polish law.
- These Terms and Conditions enter into force on _________[9].