Elitmind Academy Terms & Conditions
1. GENERAL INFORMATION, DEFINITIONS
- These regulations set out the rules for using the website available at www.elitmindacademy.com as well as the rules for purchasing access and using the digital products provided therein. The website is operated by a company under the name ELITMIND Academy Ltd. with its registered office at: Grzybowska 87 St, 00-844 Warsaw (Poland), entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the number: 0000953327, Tax Identification Number 5272989890, National Business Registry Number: 521286208, shareholders` funds: 10.000,00 zł, futher referred to as “ELITMIND ACADEMY”, e-mail address: firstname.lastname@example.org
- These regulations are uninterruptedly and free of charge available under the appropriate tabs of the Service, in a way that allows its obtaining, reproduction and recording by printing or saving on a carrier at any time.
- The terms used in these regulations have the following meanings:
- Access Code – a code obtained by the Client being an Entrepreneur at the conclusion of the Agreement or immediately after its conclusion; Access Code may be used only during the term of the Agreement and only by the Recipients indicated by the Client who created the Accounts for themselves; Access Code enables the Recipient to access the Products that are the subject of a specific Agreement; Access Code may be in the form of a discount code operating within the Service (0% discount);
- Client – a natural person with full legal capacity, a legal entity or an organizational unit without legal personality, submitting Orders and purchasing Products through the Service;
- Civil Code – legal act as of 23rd April 1964 – the Civil Code (the Official Journal of Law from the year 1964, no.16, item 93 with further changes);
- Consumer – the Service user who is a consumer within the meaning of article 22  of the Civil Code;
- Account – a part of the Service assigned to a given Client or the Recipient, by means of which may be performed specific actions as to the Service, in particular access to Products;
- Product – electronic service consisting of possibility to get acquainted with the specified electronic product (digital content) available in the Service, which in particular applies to electronic courses and trainings prepared by the Administrator;
- Entrepreneur – the Service user who is an entrepreneur within the meaning of art. 43  of the Civil Code;
- Recipient – a natural person with full legal capacity belonging to the organization of Client being an Entrepreneur (i.e. employee and constant cooperatives of the Client, members of its corporate bodies), who, with the consent of such Client, created an Account using the Access Code in order to use the Products; Recipient is not a party to the Agreement, but a person using the Administrator’s services under the Agreement with the consent of the Client;
- Regulations – these regulations, available under the appropriate Service tabs;
- Registration – the process of creating an Account within the Service by the Client or the Recipient;
- Service – website service available at elitmindacademy.com, through which the Client submits Orders for the purchase of Products and through which access to the Products is given to the Client and the Recipients;
- Agreement – agreement for electronic services consisting of enabling access to the Products to the Client and the Recipients in the number specified by the Client (if such option is used), concluded through the Service between the Administrator and the Client;
- Legal Act on Rights of Consumers – legal act as of 30th May 2014 on consumers rights (the Official Journal of Law from the year 2014, no. 827 with further changes);
- Legal Act on Rendering Electronic Services – legal act as of 18th July 2002 r. on rendering of electronic services (the Official Journal of Law from the year 2002, no. 144, item 1204 with further changes);
- Administrator – the company under the name ELITMIND Ltd. with its registered office at: Grzybowska 87 St, 00-844 Warsaw (Poland), entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the number: 0000581007, NIP: 5242786047, REGON: 362766954, share capital in the amount of PLN 40,000. Administrator controls the Services and sells Products through it.
- Order – Client’s declaration of intent aimed at concluding the Agreement, constituting an offer to conclude the Agreement, specifying in particular the type and quantity of the Products, as well the number of Recipients, if the Client being an Entrepreneur intends to use such option.
- Products and materials used for the presentation of Products, i.e. photos, descriptions and others are part of the Service and are protected by copyright vested to the Administrator. It is forbidden to use them for commercial purposes or presentation in any media without the prior, explicit consent of the Administrator.
2. USE OF THE SERVICE
- Administrator provides the Client and Recipients designated by the Client with electronic services consisting of access to the Service’s functionalities, such as submitting Orders, conclusion of Agreements and access to Products.
- To conclude the Agreement and to use the Products, it is necessary to have an Account.
- Access to the Products is payable. Providing access to other Service functionalities is free of charge.
- To submit an Order and use the Service’s functionality, as well as to use the Products, following is necessary:
- having a computer or mobile device with Internet access,
- having an active e-mail account (for submitting Orders, receiving invoices, communication with the Administrator),
- cookies enabled in the web browser,
- installed applications that enable reading PDF files,
- possibility to play video materials (for access the Products).
- Client and the Recipients are :
- not to provide nor transfer content prohibited by law, e.g. content that promotes violence, which is defamatory or violates personal rights and other rights of third parties,
- to use the Service in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not to take actions such as sending or posting unsolicited commercial information within the Service (spam),
- to use the Service in a way that is not inconvenient for other Clients, Recipients and for the Administrator,
- to use any content posted within the Service, including Products, only for personal use,
- to use the Service in a manner consistent with the provisions of law in Poland, the provisions of the Regulations, as well as with decency and general principles of using the Internet.
- Administrator is not responsible for the use of information contained in the Products and makes no warranty as to the effects of the economic use of this information.
- Client is liable to the Administrator for breaches of the provisions of the Regulations by the Recipients.
3. REGISTRATION AND SUBMITTING ORDERS
- To submit Orders, the Client should complete the Registration. To be able to use the Products on the basis of the Access Code, the Recipient should also complete the Registration and create the Account for himself/herself. Registration enables access to the Account and is necessary for subsequent use of the Products available directly within the Service.
- Registration allows the Client’s and Recipients’ personal data and the history of Orders to be stored in the Service’s database, as well as access to Products.
- During Registration, the Client or the Recipient provides his/her email address, which will be the login. The process of registering and submitting Orders is encrypted with an appropriate protocol. As a result of this process, a generated password will be sent to the indicated e-mail.
- Client and the Recipient are responsible for not disclosing his/her password to third parties and bear all possible financial and legal consequences of such sharing.
- To submit Order, the Client should select Products and take further technical actions on the basis of messages and information displayed within the Service.
- To purchase Products, the Client collects them for the so-called “basket”. The basket is an element of the Service where the Client moves the Products which are intended to be bought. Client may at any time view the contents of the basket, add or remove Products, and immediately process the Order submission.
- When submitting Order, the Client specifies its details such as invoice data, e-mail address, payment method, number of Recipients (if the Client being an Entrepreneur wants to use such option) and others.
- Orders for Products are accepted only in electronic form, via a form on the appropriate tabs within the Service or in another way available in the Service (e.g. by e-mail correspondence).
- A prerequisite for submitting an Order is the correct completion of the Order form or the execution of instructions received from the Administrator in email correspondence (when submitting an Order in this way). An Order with an incorrectly completed form or that does not meet the Administrator’s requirements set out in the email correspondence may not be processed.
- By completing an Order form or when submitting an Order in email correspondence, the Client is required to provide correct personal data, i.e. email address, VAT invoice data, home address (in the case of legal entities – the address of the registered office).
- Provided e-mail address may be used only for contact during the Order processing, unless the Client agrees to be contacted for other purposes (e.g. newsletter).
- Before submitting an Order, the Client will be informed about:
- the main features of the Product,
- the total price or remuneration for the Products (considering the number of Recipients who may use them), including taxes, as well as any fees for the delivery of the Products and other costs,
- the possibility of withdrawing from the Agreement (if applicable to the given Client).
- Client expresses will conclude the Agreement by pressing the button “order with obligation to pay” or equivalent.
- Submitting an Order is not equivalent to concluding an Agreement but constitutes Client’s offer to conclude such an Agreement. Agreement is concluded at the time of accepting the Order by the Administrator, about which the Client is informed by
e-mail confirming the purchase.
- Implementation of the Agreement begins after confirming the acceptance of the Order and after confirming the transfer on the Administrator’s bank account or by payment operator. If the Client has used the option to enable access to ordered Products to the Recipients, as part of the Agreement the Client will be provided with an Access Code, which, used in the Registration process, will enable such access to the Recipients designated by the Client (in the number specified in the Agreement).
- Access to the ordered Products have only the Client in person (by using his login and password) and the Recipients designated by the Client to whom the Access Code was provided. The Recipient obtains the said access after logging into the Account created using the Access Code.
- Access for the Client and the Recipient to the Products ordered by the Client is granted for a period of 1 (one) year (calculated from the date of Registration or from the date of using the Access Code, if the Recipient already has an Account), provided that at that time the Client’s consent to such access is being upheld and at that time Recipient maintains an employee or corporate (function in the body) relation or constant cooperation with the Client. Client is obliged to immediately inform the Administrator on the termination of such relationship or cooperation with a given Recipient. Client may also inform the Administrator one the withdrawal of consent to access the Products for a given Recipient.
- After receiving the information referred to in point. 17 above, the Administrator will remove access to purchased Products for the indicated Recipient and the Client will be able to appoint a new Recipient and provide him with the Access Code.
- A limited number of Products may be intended for promotional sales and closing sales. In such a situation, the Products are sold in the order in which the confirmed Orders are received for these Products.
4. PRICES AND PAYMENTS
- All Product prices are given in Polish zlotys (PLN) and include VAT. The price given for each Product is binding when the Client submits the Order. Administrator reserves the right to change the prices of Products placed within the Service, introduce new Products to the Service, carry out and cancel promotional campaigns within the Service, use unique promotional codes available outside the Service. The above permission does not affect the prices of Products in Orders submitted before the date of entry into force of the price change or promotional campaigns.
- After conclusion of the Agreement, an electronic VAT invoice will be sent to the Client’s email address. At the request of the Client being a Consumer, the proof of purchase will be delivered in paper version.
- Client may make payments for purchased Products by payment card, bank transfer via the electronic payment system or in another way available within the Service.
- Payment services are carried out by third parties – before making the payment, the Client should read the regulations regarding the implementation of such external services.
- Orders for Products are carried out after receiving payment by delivery of the Products or sending instructions by e-mail on how to use the Product. Delivery of the Product takes place immediately after receipt of payment, no later than within 24 hours from receiving the payment.
5. WITHDRAWAL FROM THE AGREEMENT
- Client may withdraw from the Agreement without providing a reason within 14 days from the date in which the access was provided to the Products being the subject of the Agreement. To meet this deadline, it is sufficient to send a statement of withdrawal to the address of the Administrator or to the e-mail address provided in the Regulations.
- In the event of withdrawal from the Agreement, it is considered to be void.
- All refunds will be settled by the Administrator no later than within 14 days of receipt of the statement of withdrawal from the Agreement using the same method of payment as used by the Client, unless the Client has agreed in another form of return.
- Client is not entitled to withdraw from the Agreement if access to the Product was made with the express consent of the Client before the deadline for withdrawal from the Agreement and the Client has been informed that in such a situation there will be no right to withdraw from the Agreement.
- Client may submit complaints to the Administrator in relation to the operation of the Service or the use of Products. Complaints may be submitted in writing to the following address: ELITMIND limited liability company, Grzybowska 87 St, 00-844 Warsaw (Poland) or to the e-mail address: email@example.com
- Submitting a complaint regarding Products should include the name of the person submitting the complaint (name and surname or company name, address of residence or registered office, e-mail address) and a description of the event causing the complaint.
- Administrator will consider a complaint regarding Products within 30 days of its receipt, and if this was not possible, he will inform the Client within this period and indicate when the complaint will be considered. In the event of deficiencies in the complaint, the Administrators will call the Client to complete it to the extent necessary within 7 days from the date of receipt of such a request.
7. PERSONAL DATA AND COOKIE FILES
- All Products and other content available within the Service are protected by copyright of the Administrator or third parties.
- It is forbidden to copy the Products and record them in any other form, as well as to disseminate and make publicly available any content available within the Service.
9. FINAL PROVISIONS
- For the avoidance of doubt, it is stated that none of the provisions of these Regulations limits the Consumer’s rights under the law applicable in Poland. If there is a provision of this nature, the provisions of the law in force in Poland shall apply, in particular the provisions of the Civil Code, the Legal Act on Rendering Electronic Services and the Legal Act on Rights of Consumers.
- Settlement of any disputes arising between the Administrator and the Client, who is a Consumer, shall be subjected to the courts having jurisdiction in accordance with the provisions of the relevant provisions of Polish law, whereby the Administrator allows mediation. Consumer is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection or to the provincial inspector of the Trade Inspection, and may also obtain free legal assistance in resolving the dispute with the Administrator using the free assistance of a poviat (municipal) consumer ombudsman.
- Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between Consumers and Entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services.
- Settlement of any disputes arising between the Administrator and the Client who is not a Consumer shall be subject to the court having jurisdiction over the Administrator’s registered office.
- These Regulations shall apply from 2020.05.01.
- Administrator reserves the right to change the provisions of the Regulations, subject to the retention of rights already acquired by the Clients. Any changes to the Regulations come into force on the date indicated by the Administrator in relevant messages within the Service. Orders submitted before the date of entry into force of amendments to the Regulations are implemented on the basis of the provisions in force on the date of submission the Order.
You may read the polish version of Terms & Conditions: link