TERMS AND CONDITIONS OF TROMPLO WEBSITE
- Organizer / Service Provider – Agnieszka Janarek running sole proprietorship under the name TROMPLO Agnieszka Janarek, address: 7 Jana Kowalika Street, Niegoszowice, 32-064, post Rudawa, voivodeship małopolskie, krakowski county, Zabierzów, NIP number: 5130241087, REGON number: 361915607.
- User – (1) a natural person with full legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to whom the law grants legal capacity; who uses or intends to use Electronic Services as part of the Website.
- Auditor – (1) a natural person with full legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to whom the law grants legal capacity; who uses the Website, services; the Observer cannot interact with other Observers or Premium Participants; the Observer is able to write on general site forum.
- Premium Participant – (1) a natural person with full legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to whom the law grants legal capacity; who uses the Website, services, has access to the on-line course and the possibility of active participating on the forum; the Premium Participant can add maximum 12 minutes weekly of videos within a given on-line course.
- Consumer – a natural person who performs a legal act which is not directly related to his/her business or a professional activity.
- Training Platform – a Website available at www.tromplo.com (together with all subpages, which are an integral part of the Website), enabling Users / Participants / Premium Participants to use the Website resources, in particular to browse the Website resources, to purchase courses, to access purchased courses and trainings in the e-learning system, to use documents, graphics and other materials, to participate in e-learning courses.
- Training – a set of presentations, exercises, tests, overview materials, audio and video recordings, combined in a substantive whole, covering the scope of knowledge and practice presented in the Training description, available on the Training Platform.
- Account, Profile – Electronic Service, marked with an individual e-mail address (e-mail address) and a password provided by the Participant, forming a set of resources and functionalities available in the Organizer’s IT system collecting Participant’s data and information about his/her activities on the Website. The Account allows also the use of other Electronic Services available on the Website – for which a requirement to create an Account is indicated.
- Electronic Service – a service provided electronically by the Organizer via the Website in accordance with the Regulations.
- Website, Website tromplo.com – the Organizer’s Website available at tromplo.com.
- Civil Code – the Polish Civil Code Act of April 23, 1964 (Journal of Laws of 2017, item 459, as amended),
- Copyright Law – the Polish Act of 4 February 1994 on copyright and related rights (Journal of Laws of 2017, item 880).
- The Terms and Conditions define the rules, conditions and scope of the participation in an on-line Training offered by the Organizer and the use of the Website.
- The owner of the Website is Agnieszka Janarek running sole proprietorship under the name TROMPLO Agnieszka Janarek, address: 7 Jana Kowalika Street, Niegoszowice, 32-064, post Rudawa, voivodeship małopolskie, krakowski county, Zabierzów, NIP number: 5130241087, REGON number: 361915607.
- The Terms and Conditions are available for Users via the Website in a form which allows them to be read, downloaded, saved and printed. Each User is obliged to observe them.
- The User, who wants to participate in the Training organized on the Website, is obliged to create an Account and to pay a fee for the participation in the Training via the payment method chosen from the available options.
- After creating an Account, the User has the option of logging in on the Website.
- After selecting the Training, the User (after acquainting with the description of the Training) pays the fee for the Training in which he would like to participate. After the payment is credited to the Service Provider’s bank account, the User receives an e-mail with the information about the date when the Training commences and at the same time becomes a Participant or Premium Participant.
- Making a payment for the participation in the Training is synonymous with concluding an on-line Training contract.
- The Auditor or Premium Participant receives access to the course he/she bought for a specified period of time, expressed in weeks: 6 weeks each course.
- The use of the Training during the subscription period depends only on the Participant’s will – he/she uses the materials available for him/her at any time of his/her choice.
- Thanks to the participation in the Training, the User receives – in addition to the relevant certificates and testimonies – an invoice in an electronic form issued by the Service Provider based on the User’s data provided in the registration process.
The scope of on-line Training services
- In order to participate in the Training purchased by Participant, the Participant logs in on the Website by using the login and password set.
- The Participant has access to the course 24 hours a day, 7 days a week. The duration of the course depends only on the calendar set by the Service Provider.
- The subject of the on-line Training contract is to provide the User with the Training materials foreseen for the given Training via the Internet. The provision of Training materials takes place without the possibility of recording it on the User’s disk.
- The Participant acknowledges and refrains his Account available to the third parties. The Service Provider shall not be liable for any damages incurred by the Participant as a result of making his Account available to the third parties.
- The Participant acknowledges and undertakes not to make any unauthorized modification of the content of the Training and the materials available to him/her.
- The Participant acknowledges and refrains to try to access resources to which the Service Provider did not give the Participant the right.
- The Participant acknowledges that all resources available to him while using the Website are covered by copyright as defined in the Copyright Law.
- The Service Provider reserves the right to suspend the Participant’s Account and to revoke the login and password granted to him/her in a situation when the Participant takes actions which jeopardize the efficient functioning of the Website, in particular he/she tries to process or delete the Website without the consent of the Service Provider and behaves in a manner contrary to the rules of social coexistence in relation to the Service Provider and other Participants.
- In the case mentioned in paragraph 8 above, the fee for the remaining part of the subscription period is not refunded.
- The Participant has the right to resign from using the Website’s resources at any time by removing the Account created by him/her. In case of removing the Account by the Participant, the fee for participation in the Training is not refundable.
The scope of webinar services
- Webinar is an online presentation webcasted on the Website which can be viewed live or watched later as a video recording by the Users on the terms set out below.
- The User who wants to purchase the access to the webinar is obliged to have an Account and to pay a fee for the participation in the webinar via the payment method chosen from the available options.
- After creating an Account and logging in on the Website the User chooses which webinar he is interested in and pays the due fee. After the payment is credited to the Service Provider’s bank account, the User gets the access to the webinar.
- Webinar can be viewed live through webcasting service on the Website or can be watched as a video recording. The User who purchased the webinar has the access to the video recording for one year starting from the date of the purchase. During that period the webinar is available in his library.
- The User who watches the webinar as a video recording (and not through live webcasting) does not have a possibility to ask questions in the online chat.
- Users who purchases the access to the webinar is obliged to refrain from making it available to the third parties.
- The access to the webinar does not include access to any further materials.
Training prices and payment terms
- Training prices include: Training costs, a set of Training materials, and a certificate. Prices are always given in the description of the Training, in Polish zlotys. Payments can be made in Polish zlotys, euros, American dollars or in British Pounds.
- Payment should be made via PayPal or Przelewy24 to the Organizer’s account immediately after placing the order.
- The title of the transfer should include the Participant’s name and surname and the order number.
- Failure to pay the fee within the given time is tantamount to the resignation from the training.
- The Auditor/Premium Participant may incur additional purchase costs resulting, for example, from bank commissions, fees for operators or other possible fees resulting from the method of payment chosen by the Auditor/Premium Participant.
- Invoice for the Training will be sent within 3 days after the amount is credited to the indicated account.
Resignation from participation
- This paragraph of the Rules applies only to Auditor/ Premium Participants who are Consumers.
- Subjects to the provisions of point 3 below, the Auditors/ Premium Participant who are Consumers, are entitled to withdraw from the contract for the provision of on-line Training within 14 calendar days without giving any reason and without incurring costs, subject to the exception mentioned in the next sentence.
- The right to withdraw from the on-line Training contract is not granted if:
- the Organizer performed the service fully with the express Auditors/ Premium Participant’s consent, who was informed before the beginning of the benefit that after fulfilling the Organizer’s service he/she would lose the right to withdraw from the contract,
- it is about the delivery of a digital content (beginning of the Training), which is not recorded on a material carrier, if the beginning of the benefit started with the explicit Auditor’s or Premium Participant’s consent before the deadline to withdraw from the contract and after informing the Organizer about the loss of the right to withdraw from the contract.
- Subject to the provisions of point 2 above, the Participant, who has entered into a long-distance contract, may within 14 calendar days, withdraw from it without giving any reason and without incurring costs, subject to the exception mentioned in the following sentence. In the case of a service which performance – at the express Participant’s request – started before the deadline for the withdrawal from the contract, the Participant who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services fulfilled until the withdrawal from the contract.
- The declaration of the withdrawal from the contract must be submitted in writing and sent to the address of the Organizer’s registered office.
- The period of the withdrawal from the contract starts from the date of its conclusion.
- In the event of interruption of the Training by the Auditor or Premium Participant while its duration, the Organizer shall not be liable for any reimbursement of unused Training hours.
- The Service Provider shall take all due care to ensure that the use of the Website proceeds smoothly, and the Website will operate without any faults or inconveniences for Users / Premium Participants / Auditors. The Service Provider reserves the possibility of short interruptions in the Website functioning resulting from necessary repairs, maintenance and backups. If the above-mentioned activities do not result from defects and planned activities, the Service Provider will undertake to inform the Participants about this fact with the expected duration of the inability to use the Website.
- In case of problems with logging in on your Account or access to the ordered and paid course, the User should immediately notify this problem to the Organizer via e-mail to the email address firstname.lastname@example.org or in writing to the Organizer’s address.
- The Participant indicates in the description of the complaint:
- information and circumstances regarding the subject of the complaint, in particular the type and the date of the occurrence of the irregularity,
- the Participant’s claim,
- contact details of the complainant.
- The Organizer will address the complaint promptly, no later than within 30 calendar days from the date of its submission. In the case of Consumers, lack of response in the above-mentioned period means that the Organizer considered the complaint as justified.
- To use Electronic Services properly, the User should have at his disposal:
- a computer, a laptop or any other multimedia device with the access to the Internet,
- access to an electronic mail,
- an Internet browser: Mozilla Firefox version 17.0 and higher or Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher.
- The Organizer recommends:
- the minimum screen resolution: 1024×768,
- Use of all Website applications may depend on the installation of additional software such as Java, Java Script, Flash and acceptance of cookies.
- The Premium Participant or Participant should also have the necessary accessories to fully participate in the Training. The list of necessary accessories is […].
Personal data protection
- The Organizer is an administrator of personal data. The Organizer guarantees the protection of personal data and the processing of personal data in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Data Protection Directive) (hereinafter “GDPR”).
- Personal data of Users or persons acting on their behalf shall be processed on the basis of article 6 paragraph 1 letter b) GDPR in order to perform the contract for the provision of Electronic Services, in order to enable the Account creation and its functionality, participate in the Training and performance of other Electronic Services, as well as to perform Contracts or take action at the Customer’s request prior to the conclusion of the Agreement. Personal data will also be processed for purposes resulting from the legitimate interests of the Service Provider, i.e. pursuant to article 6 paragraph 1 letter f) GDPR, among others in order to advertise own services, optimize the operation of the Website, adapt information transmitted via the Website to the needs of customers, statistics and conduct ongoing contact with customers. The User’s personal data may also be processed pursuant to article 6 paragraph 1 letter c GDPR for accounting purposes, when the performance of contracts and services provided as part of the Electronic Services Website is connected with accounting and tax obligations resulting from the provisions of law.
- Personal data may be processed in an automated manner, including the form of profiling. The consequence of profiling will be to assign a User’s Profile in order to conduct analyzes or predict his/her preferences, behaviors, foundations and adaptation of information provided via the Website to the needs of Users.
- In the case of the execution of the contract, the User’s personal data will be made available to postal operators or carriers only for the purpose of delivering goods to him/her. Personal data may be disclosed to the Organizer’s employees or collaborators r, as well as to entities providing support on the basis of outsourced services and in accordance with the concluded contracts to entrust personal data for processing.
- Personal data processed for purposes related to the use of the Website, including in order to perform Electronic Services, will be processed for the duration of the Account’s existence. Customer’s personal data processed in order to perform the contracts will be processed during the period of limitation of claims under the contract for the provision of services. Personal data regarding completed Agreements will be stored for tax and accounting purposes for a period of 6 years from the date of execution of an individual Agreement. Personal data processed for the purpose of marketing and services will be processed until the opposition to such processing is raised.
- The User has the right to access the content of his/her personal data and the right to rectify, delete, limit processing, the right to transfer data, the right to object, and in the case of processing personal data based on consent – the right to withdraw consent at any time, without affecting the current compliance of the processing with the law. If it is found that the processing of personal data violates the provisions of the GDPR, the data subject has the right to lodge a complaint with the President of the Office for the Protection of Personal Data.
- Providing personal data is voluntary, however, providing marked personal data is necessary to create an Account and use Electronic Services provided on the Website, as well as to enter into Agreements, while the failure to do so will result in the inability to use Electronic Services.
Copyrights and image
- Copyrights and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and characters available within it belong to the Service Provider or other authorized third parties and are protected by the Copyright Law and other provisions of universally applicable law. The protection granted to the Website covers all forms of their expression.
- If, as part of the Training, the User or the Premium User creates a work within the meaning of the copyright law, he/she will grant a non-exclusive license to use this work. The license will be granted to the full extent, without time and territorial restrictions, in the following fields of exploitation:
- in the area of recording and reproducing of the competition work by any technique, including printing, reprographic, magnetic recording and digital technique,
- in the scope of trading the original works of the competition or its copies, on which it has been recorded – placing on the market, lending or letting the original or copies,
- in the scope of dissemination of the competition work in a way different than described in point 1) or 2) – public performance, display, reproduction, public access in a way that everyone can have access to it in a place and time selected, broadcast via terrestrial television stations, including via satellite, rebroadcasting, distribution in the press, on the Internet, including large format posters and in all other forms of communication, promotion, advertising, marking and production of goods,
- use for the needs of promotion and advertising of the Organizer, including in the form of press, television, cinema, external and Web advertising, on any websites and internet domains and on mobile websites, in promotional and advertising materials and gadgets, and other forms of promotion at all the fields of use indicated in this paragraph,
- exercising and permitting the exercise of author’s dependent rights in all fields of exploitation indicated in this paragraph (regulation, exercise and use of dependent rights / from studies, including the right to grant such permits to third parties),
- as regards registration at the Patent Office as a trademark and utility model,
- in the field of making copies of vehicles or costumes in accordance with the competition work constituting the project (as well as their mock-ups), and then using such copies in all fields of use indicated in this paragraph,
- use of such copies as a business name, a characteristic symbol of an enterprise, its part, or a good or service.
- If as part of the Training the Participant consolidates the image of himself/herself or a third party, the Participant hereby declares that – at the Organizer’s request – he/she will present a written consent of the person whose image has been recorded in the competition work, for dissemination by the Organizer of the image of such person as part of the competition by dissemination image for purposes related to Training, including websites of selected websites, in particular on the Website.
Change of regulations
- The Service Provider reserves the right to change the provisions of these Regulations. The Auditor or Premium Participant will be notified via e-mail at registration on the Website about the change of the Regulations.
- The Premium Participant or Auditor within 14 days from the date of receipt of the notification referred to in para. 1 above, has the right to submit to the Service Provider a written statement on the non-acceptance of the change.
- Each Participant after completing the Training receives a personal certificate confirming the completion of the training.
- The Organizer does not guarantee and is not responsible for individual Training results. The Organizer’s compensation liability in this respect is excluded.
- The forum created for a given Training will be removed by the Organizer after 4 weeks from the day of completing the Training. Materials and lectures will be available to Auditors and Premium Participants also after the end of the Training.
- The Participant may terminate the contract also during the Training. In such a situation, the price paid for participation in the Training is not refundable.
- All disputes and claims related to the Regulations will be settled by the court competent for the seat of the Organizer.
- The Regulations shall enter into force on 19.02.2019 It is available at the headquarters of the Organizer and on the Website.