pmexperts regulations

REGULATIONS FOR THE USE OF E-LEARNING SERVICES

I. GENERAL PROVISIONS

1. These Regulations, hereinafter referred to as the Regulations, define the rules for the provision of PM Experts Spółka z ograniczoną odpowiedzialnością with its registered office in Gdańsk at street Lęborska 3B, NIP: 5262842843, REGON 140041536, KRS 0000229917, entered into the National Court Register by the District Court for the Capital City of Warsaw In-out; 12th Commercial Division of the National Court Register Share capital PLN 200,000 fully paid up (hereinafter referred to as the Service Provider), services in the form of training purchased via the website located at https://pmexperts.com, hereinafter referred to as the Website, rules of using these services and rules of protection personal data of training participants.
2. In order to use the services, service recipients are obliged to read these Regulations and accept their content before making a purchase (i.e. adding the product to the cart and paying for it), as well as any changes to the Regulations introduced by the Service Provider at a later date.
3. The Regulations are made available to Service Users free of charge via the Website in a form that allows them to be downloaded, saved and printed.
4. The Regulations are also available at the Service Provider's office. Each Service Recipient is obliged to comply with the provisions of the Regulations from the moment of concluding the contract.
5. The use of e-learning or online training purchased via the Website is a service provided electronically by the Service Provider to the Service Users, within the meaning of the Act of July 18, 2002 on the provision of electronic services, which is provided in accordance with these Regulations and applicable regulations. .

II. DEFINITIONS USED IN THE REGULATIONS

1. Service provider - PM Experts Spółka z ograniczoną odpowiedzialnością with its registered office in Gdańsk at street Lęborska 3B, NIP: 5262842843, REGON 140041536, KRS 0000229917, entered into the National Court Register by the District Court for the Capital City of Warsaw In-out; 12th Commercial Division of the National Court Register. Share capital PLN 200,000, fully paid up.
2. Service Recipients - natural persons, legal persons or organizational units without legal personality who conclude a contract with the Service Provider on the terms set out in these Regulations.
3. Training Participant - a Service Recipient who is a natural person concluding a contract for the provision of e-learning, online or stationary training services, or a natural person indicated by the Service Recipient as the person for whom the contract for stationary, online training or e-learning Services is concluded.
4. Services – services provided by the Service Provider to Service Users based on these Regulations.
5. Website – website located at https://pmexperts.com.
6. Przedsiębiorca na prawach Konsumenta – Klient będący osobą fizyczną zawierającą Umowę sprzedaży bezpośrednio związaną z jej działalnością gospodarczą, gdy z treści Umowy sprzedaży wynika, że nie posiada ona dla tego Przedsiębiorcy zawodowego charakteru, wynikającego w szczególności z przedmiotu wykonywanej przez niego działalności gospodarczej, udostępnionego na podstawie przepisów o Centralnej Ewidencji i Informacji o Działalności Gospodarczej.

III. SCOPE OF SERVICES PROVIDED BY THE SERVICE PROVIDER

1. The Service Provider provides Services consisting in organizing, conducting and providing e-learning training, online training or stationary training.
2. Using the Services requires registration on the Website (creating an account). The data that the Service Recipient must provide when creating an account is: login, password, name, surname, correspondence address, e-mail, NIP and invoice data (optional), telephone number.
3. During the procedure of purchasing the Service, the Service Recipient accepts the content of these Regulations, and in the event of changes to the Regulations, also any changes. Failure to accept these Regulations or failure to accept changes introduced to the Regulations at the time of registration prevents further use of the Website, including the purchase of Services.
4. The Website, as part of the Services provided via it, includes paid training that can be purchased by a logged-in Service User and free training that is available free of charge to each logged-in Service User in the form of a presentation.
5. The Service Provider is entitled to suspend or discontinue the provision of the Services without prior notice to the Service Users, however, subject to the preservation of the rights of the Service Users who have already paid the fee for the provision of the Services.
6. The Service Provider reserves the right to provide training services using educational platforms and virtual tools necessary to conduct training from external suppliers and to change them, without impairing the quality of the services provided.
7. The Service Provider reserves the right to modify training at any time, in particular in substantively justified cases (changes in regulations, etc.). The Service Provider has the right to correct the information, materials and data posted on the website at any time.
8. The Service Provider has the right to perform technical work and other IT activities on the website, which may result in temporary difficulties or even lack of access to the website. In the case of planned service works, the Service Provider will inform the Service User in advance about the planned works and possible difficulties that may be associated with them. The Service Provider is not liable in the above-mentioned cases. scope.

IV. CONCLUSION OF A CONTRACT FOR THE PROVISION OF SERVICES

1. The contract for the provision of e-learning services is concluded when the Service Provider receives payment for the training purchased by the Service User.
2. The Service Provider confirms the conclusion of the contract for the provision of the e-learning Service by sending an e-mail confirming the order to the e-mail address of the Service User provided by the Service User during registration.

V. PERIOD AND METHOD OF PROVIDING SERVICES

1. Access to the Service, and therefore to the content of the purchased training, is granted without the possibility of saving this content on the Service User's disk or in any other way.
2. Pursuant to Art. 5 of the Act of July 5, 2002 on the protection of certain services provided electronically based on or involving conditional access (consolidated text: Journal of Laws of 2015, item 1341, as amended), the Service Provider will start providing the e-Service -learning after payment by the Service User. The Service User is granted access to the training immediately after the payment is credited to the Service Provider's account.
3. Access to the training is granted by the Service Provider from the moment indicated in section. 2 above for a period of 6 months, however, the Service Provider has the right to suspend or discontinue the provision of e-learning Services at any time.
4. If the Service Provider ceases to provide e-learning Services, access to the training expires. In such a case, the Service Provider returns the remuneration paid to the Service User in relation to the e-learning Service not used by the Service User or, with the consent of the Service User, offers him other training in the field of the e-learning Service provided by the Service Provider.
5. Failure by the Service User to use the training during the period of availability of the e-learning service, online training or stationary training for reasons beyond the control of the Service User does not constitute the basis for any claims of the Service User against the Service Provider, in particular it does not constitute a basis for refunding the paid remuneration to the Service User.
6. Confirmation of the use of the e-learning service and, therefore, completion of the full training is a certificate or other type of certificate/information provided by the Service Provider, however, obtaining this type of certificate/certificate/information does not deprive the Service User of access to the completed and completed training, if such training is made available by the Service Provider, but excludes the buyer's claims specified in par. 5 point 5 of the regulations for non-use of the e-learning service.

VI. RULES FOR PURCHASING AND MAKING PAYMENTS FOR SERVICES PROVIDED BY THE SERVICE PROVIDER

1. In order to purchase the Service, the Service Recipient should perform the following actions:
   1. registering on the Website (creating an individual Service User account) by providing the following data: login, password, name, surname, correspondence address, e-mail, telephone number.
   2. confirmation of registration by clicking on the verification link sent by the Website to the e-mail address provided by the Service User,
   3. adding selected Services that the Service User intends to purchase to the cart,
   4. confirmation of acceptance of the terms of these Regulations by checking the appropriate box on the Website by the Service User,
   5. selecting the type of sales document (receipt or VAT invoice) by leaving the appropriate information in the comment to the order. If a VAT invoice is selected, the Service Recipient receives an invoice electronically to the e-mail address provided during registration.
      1. providing data necessary for the correct issuance of a sales document,
      2. choice Payment methods (bank transfer, PayPal, fast bank transfers, Blik, card payment, I pay online imoje),

VII. DETERMINING THE RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The Service Provider undertakes to provide the Services in accordance with the provisions of these Regulations and in accordance with applicable law.
2. The Service Recipient undertakes to pay the amount due for paid Services within the time and manner specified by the Service Provider on the Website.
3. The Service Recipient and Training Participant are prohibited from using the Services in a manner inconsistent with the provisions of these Regulations, applicable law, decency or violating the legitimate interests of the Service Provider.
4. The Service Provider reserves that the training materials posted on the Website, training files and materials made available to Service Users and Training Participants during the provision of e-learning Services, online training and stationary training are protected by copyright, and the exclusive copyright to the above-mentioned. materials are exclusively available to the Service Provider. The Service Recipient and the Training Participant have the right to use the above-mentioned. materials only as part of and for the purpose of using the Service provided by the Service Provider in accordance with these Regulations. All other activities of the Service Recipient and the Training Participant, including in particular copying, reproduction, distribution on the Internet and other forms of use of the above-mentioned. materials beyond the use of the above-mentioned materials for the purpose of using the Service is prohibited.
5. The Service Provider is entitled to block access to the Service, in particular to training, for the Service Recipient and/or Training Participant, if any of these entities uses the Service in a manner inconsistent with the law or the provisions of these Regulations.
6. By registering, the Service Recipient separately consents to receiving commercial information from the Service Provider and entities related and/or cooperating with the Service Provider. The Service Recipient's consent may be revoked at any time by sending a message to the Service Provider's e-mail address indicated in § 2 section 1 of the Regulations.
7. The Service Provider stipulates that the use of the Service is solely at the expense and risk of the Service User.
8. The Service Provider reserves that the training materials and content that are the subject of the Service are for informational purposes only and cannot be used as a tool for making any decisions, and if the Service User makes a decision or takes other actions based on the training materials and content, the Service Provider is not liable in this respect. no responsibility.
9. The Service Recipient is fully responsible for compliance with the provisions of the Regulations by the Service Recipient and each Training Participant.
10. The Service Provider is not liable:
    1. for any damage resulting from the use of the Service by Service Users in a manner inconsistent with the law or these Regulations;
    2. for any damage resulting from the discontinuation of the provision of the Service if it was the Service User's fault or due to a violation of the law or the Regulations;
    3. for any damages arising in connection with the Service User's use of data and information made available as part of the provision of the Service for economic, investment, business purposes, etc.

VIII. PROCESSING AND PROTECTION OF THE SERVICE RECIPIENT'S PERSONAL DATA

1. The administrator of the Service User's personal data is the Service Provider, which processes the Service User's personal data in accordance with the provisions on the protection of personal data, and in particular in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of natural persons in connection with with the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, OJ EU L 2016 No. 119, p. 1, hereinafter referred to as GDPR).
2. The Service Provider, as the administrator, processes the Service Recipient's personal data pursuant to Art. 6 section 1 letter b GDPR as necessary to provide e-learning services, online training, stationary training, and in accordance with Art. 6 section 1 letter f GDPR as necessary for the purposes of legally justified interests pursued by the Service Provider, in particular in the field of marketing of products and services offered by the Service Provider or in order to determine the Service User's liability for using the e-learning service, online training, stationary training in a manner inconsistent with with the law and/or the provisions of these Regulations. Providing personal data is voluntary, but necessary to perform this service. Even though it is voluntary, the consequence of not providing personal data will be the inability to provide the service.
3. The Service Provider applies technical and organizational measures to ensure protection of processed data appropriate to the threats and categories of data protected, and in particular protects the Service Recipient's personal data against disclosure to unauthorized persons, loss or damage, subject to the remaining provisions of these Regulations.
4. Only persons with current and valid authorization are allowed to process personal data on the part of the Service Provider, in accordance with Art. 29 GDPR and trained in the provisions on personal data protection.
5. By accepting these Regulations, the Service Recipient declares that he is aware of the fact that the administrator of his personal data is the Service Provider and that he has read the information provided to him by the Service Provider in accordance with Art. 13 – art. 22 GDPR.
6. Personal data provided by the Service Recipient will be processed until the Service Provider receives information about the termination of the use of e-learning services, online training, stationary training or until an objection is raised or consent is withdrawn if it was the basis for the processing of the Service Recipient's data. The Service Recipient's data will not be processed in an automated manner and will not be profiled.

IX. TERMINATION OF THE AGREEMENT FOR THE PROVISION OF SERVICES, WITHDRAWAL FROM THE CONTRACT

1. The contract for the provision of e-learning services, online training, and stationary training is terminated after the period for which the training was made available to the Service User by the Service Provider via pmexperts.com.
2. A service recipient who is not a consumer has no right to withdraw from the contract from the moment the training is made available to him.
3. Usługobiorcy będącemu Konsumentem oraz Przedsiębiorcy na prawach Konsumenta, dalej zwanych „Konsumentem” przysługuje na podstawie art. 27 ustawy z dnia 30 maja 2014 r. o prawach konsumenta (tj. Dz. U. z 2017 r. poz. 683) prawo do odstąpienia od umowy zawartej na odległość w terminie 14 dni od dnia jej zawarcia, bez podania przyczyny i bez ponoszenia kosztów, z wyjątkiem kosztów określonych w art. 33i art. 34 ustawy o prawach konsumenta.
4. The consumer may submit a declaration of withdrawal from the contract on the form, the template of which is attached as Annex No. 2 to the Act on Consumer Rights, or in another form consistent with the provisions of the Act on Consumer Rights. Each of the above forms are considered by the Service Provider as fully binding.
5. In the event of withdrawal from the contract, the contract is considered not concluded and the Service Provider will immediately, but no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, refund all payments made by the Consumer.
6. The Service Provider refunds the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different payment method that does not involve any costs for him.
7. After the training is made available to the Consumer on the pmexperts.com website and the Service Provider receives information that the Consumer has started using the e-learning service, online training or traditional training, it is not possible for the Consumer to withdraw from the contract for the provision of the Service.
8. Complaints regarding the Service may be submitted by the Service Recipient in writing, via e-mail sent to the following address: rekrutacja@pmexperts.com.
9. Complaints will be considered within 14 days from the date of receipt of the e-mail by the Service Provider. The Service Recipient will be notified about the Service Provider's decision in the form of an e-mail sent to the address provided by the Service Recipient.

X. FINAL PROVISIONS

1. The Service Provider has the right to unilaterally change the Regulations at any time. The binding version of the Regulations is posted on the website pmexperts.com.
2. W przypadku zmiany Regulaminu Usługodawca niezwłocznie poinformuje Usługobiorcę o zmianie i o zamieszczeniu nowej wiążącej wersji Regulaminu pod adresem: wwww.pmexperts.com.
3. All questions, opinions and conclusions regarding the functioning of the Website and statements addressed to the Service Provider may be sent to the Service Provider's e-mail address. training@pmexperts.com.
4. To the extent not regulated in these Regulations, the provisions of the Civil Code and other generally applicable provisions of law shall apply.
5. The Regulations enter into force on March 7, 2020.