General Terms and Conditions for the provision of Services by the Ladies Lab sp. z o.o.
1 General Provisions
1.1 Ladies Lab sp. z o.o., through the website: https://menglimaria.com, https://ladies-lab.online, provides training, coaching and support services in the field of self-presentation, marketing, and other activities, as indicated on the Website. The Website is operated by Ladies Lab sp. z o.o. with its registered office in Gdańsk, at ul. Migowo 22B, 80-282 Gdańsk, Poland, entered into the National Court Register by the District Court Gdańsk - Północ in Gdańsk, VII Commercial Division of the National Court Register under the number KRS 0001177216 with a share capital of PLN 5.000,00, tax identification number (NIP): 9571189053, statistic number (REGON): 541944541.
1.2 These General Terms and Conditions are addressed to all Clients using the Contractor’s services, specified on the Website, and specify the rules for concluding (as well as, conducting, terminating and withdrawing from) Contracts for the provision of services listed in the Terms and Conditions via the Website.
2 Interpretation
2.1 Definitions
In this Terms:
Access means the Client’s right to view, familiarize themselves with and otherwise use the Content on the Platform, for a specified amount of time, in any case not longer than specified on the Website;
Affiliate means, in relation to any person, a Subsidiary of that person or a Holding Company of that person or any other Subsidiary of that Holding Company.
Anti-Money Laundering Laws means all applicable financial recordkeeping and reporting requirements, money laundering statutes and the rules and regulations thereunder and any related or similar laws and regulations applicable at a given time.
Applicable Lawmeans the laws of Poland and any applicable statute, license, law, rule, regulation, code, ordinance, judgment, arbitral award, permit, decree, writ, legal requirement, order or the like, of any national, provincial or local court or other governmental authority, and the binding written interpretations thereof, including any statute, law, rule, regulation and all by-laws and guidelines of any competent authority, distribution and/or transmission system operators ordinance, judgment, decree, writ, order or the like regulating, relating to or imposing liability or standards of conduct concerning or otherwise relating to the Services, Works, or Products.
Business Day means a day (other than Saturday or Sunday) on which banks are open for general business in Poland.
Buyer has the same meaning as the Client.
Confidential Information mean all information relating to any Client, or Contractor, or any content in whatever form, and includes information given orally and any document, electronic file or any other way of representing or recording information which contains or is derived or copied from such information but excludes information that:
(a) is or becomes public information other than as a direct or indirect result of any breach by that Party of Clause 7.5 (Confidential Information); or
(a) is identified in writing at the time of delivery as non-confidential by Contractor or any of their respective advisers; or
(b) has been lawfully obtained by Contractor from a source which is, as far as that Contractor is aware, has not been obtained in breach of, and is not otherwise subject to, any obligation of confidentiality;
Content means a set of results of intellectual activity united by a single topic - author's materials, including in the form of video lessons, audio recordings, texts, images, photographs, including the Client’s material and other, provided by the Contractor;
Contractor means Ladies Lab sp. z o.o. with its registered office in Gdańsk, at ul. Dolne Migowo 22B, (80-282 Gdańsk), Poland, entered into the National Court Register by the District Court Gdańsk - Północ in Gdańsk, VII Commercial Division of the National Court Register under the number KRS 0001177216 with a share capital of PLN 5.000,00, tax identification number (NIP): 9571189053, statistic number (REGON): 541944541.
Contractor's Bank Account means each separate bank account (depending of currency), as indicated at the Website, or the Order Form.
Client means a natural person, a legal person, another entity with full legal capacity (regardless of whether if this person is the Consumer or the Entrepreneur, within the meaning of the Applicable Law).
Consumer means a natural person who concludes a Contract with the Contractor within the Website, the subject of which is not directly related to their business or professional activity.
Contract means a contract concluded between the Contractor and the Client as part of an organised system of concluding contracts online (within the Website), without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of online communication up to and including the moment of conclusion of the contract.
Defect means any defect, or other fault in the Product or in the execution of the Works not being performed, carried out or supplied in line with the provisions of the Contract, and Applicable Law or a breakdown or malfunction in a part forming part and/or whole of the Product (and ‘Defective’ shall be construed accordingly). Additionally, Defects shall also include hidden, latent and any other defects which affects the Works.
Effective Date means the date when the Contract has been concluded by both Parties.
Entrepreneur means a Client that by using the Webside and buying the Products is conducting business activity on its own behalf.
Force Majeure has the meaning given to the term in Clause 5.6 (Definition of Force Majeure).
Good Manners means the socially accepted and respectful behaviors, actions, and expressions that demonstrate consideration, politeness, and courtesy toward others in personal, professional, and public interactions.
Government means the government of Poland.
Governmental Authority means the government of Poland and any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank, municipality or other entity exercising executive, legislative, judicial, taxing, regulatory, or administrative powers or functions of or pertaining to government.
Holding Company means, in relation to a person, any other person in respect of which it is a Subsidiary.
License means,a non-exclusive, royalty-free, irrevocable license to use, reproduce, and display the Works solely for the purpose of the Contract for a period of maximum 6 months, following the conclusion of the Contract. The Client shall not sublicense, assign, or otherwise transfer the rights granted under the License to any third party without the prior written consent of the Contractor. The License shall automatically terminate upon the expiration of the stated period or earlier if the Client breaches any material term of this provision.
Material Adverse Effect means an effect (an effect of a change in taxation), which is material and adverse on:
(c) the business, operations, properties, assets, condition (financial or otherwise) or prospects of the Party; or
(d) the ability of the Party to perform its material (including in particular any payment) obligations under this Contract.
Month means a period starting on one day in a calendar month and ending on the numerically corresponding day in the next calendar month, except that:
(a) (subject to paragraph (c) below), if the numerically corresponding day is not a Business Day, that period shall end on the next Business Day in that calendar month in which that period is to end if there is one, or if there is not, on the immediately preceding Business Day;
(b) if there is no numerically corresponding day in the calendar month in which that period is to end, that period shall end on the last Business Day in that calendar month; and
(c) if an Interest Period begins on the last Business Day of a calendar month, that Interest Period shall end on the last Business Day in the calendar month in which that Interest Period is to end.
The above rules will only apply to the last Month of any period.
Order Form means an interactive form available on the Website enabling the placing of an order, in particular by selecting the appropriate Tariff and specifying the terms and conditions of service provision, including the method and terms of payment.
Party means a party to this Contract.
Platform means the Contractor's information platform, which may be located on the GetCourse platform, Telegram channel and chat or other automated system integrated within the Website and serving as a repository of the Contractor's materials.
Product means the service provided to the Client by the Contractor in each given Tariff.
Purchase Order means a declaration of intent made by the Client using the Purchase Order and aimed directly at concluding a Contract for the sale of a Product or Products with the Contractor.
Purchase Price means the price for the Product, agreed in the Purchase Order.
Sanctionsmeans:
(a) any economic, financial or trade sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by any Sanctions Authority;
(b) any law or regulation enacted, promulgated or issued by any Sanctions Authority; and
(c) any other law, enabling legislation, executive order, or regulation promulgated under or based under the authorities of any of the foregoing.
Sanctions Authoritymeans:
(a) the United States of America;
(d) the United Nations;
(e) United Kingdom;
(f) the European Union, including its member states from time to time;
(g) any former member of the European Union if it ceases to be a member thereof;
(h) any (other) relevant governmental or regulatory authority, institution or agency which administers economic or financial sanctions; and
(i) the governments and official institutions or agencies of any of the previous sections, including without limitation OFAC and the United States Department of State and Her Majesty’s Treasury.
Sanctions Restricted Personmeans a person:
(a) that is, or that is owned or controlled by, any person or entity on any list (each as amended, supplemented or substituted from time to time) of restricted entities, persons or organizations (or equivalent) published by a Sanctions Authority, including but not limited to:
(i) the Specially Designated Nationals and Blocked Persons List issued by OFAC, or the US Government’s Denied Persons List, Entities List, Debarred Parties List and Terrorism Exclusion List;
(ii) the Consolidated List of Financial Sanctions Targets and Investment Ban List maintained by Her Majesty’s Treasury;
(iii) the European Union Restricted Person Lists issued pursuant to Council Regulation (EC) No. 881/2002 of 27 May 2002, Council regulation (EC) No. 2580/2001 of 27 December 2001 and Council Common Position 2005/725/CFSP of 17 October 2005;
(iv) the United Nations Consolidated List established and maintained by the 1267 Committee; and
(v) any other person or entity that because of its domicile, ownership or activities is targeted under Sanctions Laws and Regulations.
(b) located in or organised under the laws of, or the government of any jurisdiction targeted by Sanctions, or a person that is otherwise the target of Sanctions;
(c) acting or purporting to act on behalf of any of the persons listed in paragraphs (a) and (b) above; or
(d) with which the Lender is prohibited from dealing with or otherwise engaging in any transaction pursuant to any Sanctions.
Software means the software used by the Client for the access and usage of the seivices withing the Contract, especially a browser (Internet Explorer, FireFox, Google Chrome and similar) and other programs for the transmission, storage, processing of the information provided.
Subcontractor means each and every vendor, supplier, materialman, consultant or contractor and their employees of any tier of the Contractor, other than the personnel directly employed by the Contractor, performing any part of the scope of the Contract or providing any equipment, material, transportation or services in connection with the scope of Contract directly or indirectly for or to the Contractor or another Subcontractor of the Contractor.
Subsidiary means in relation to any company or corporation, a company or corporation:
(a) which is controlled, directly or indirectly, by the first mentioned company or corporation;
(b) in which more than half the issued share capital is owned, directly or indirectly by the first mentioned company or corporation;
(c) in which the first mentioned company or corporation owns directly or indirectly more than 50 per cent. of the voting capital or similar right of ownership;
(d) which is a subsidiary of another subsidiary of the first mentioned company or corporation,
and for this purpose, a company or corporation shall be treated as being controlled by another if that other company or corporation is able to directs its affairs, policies and/or to control the composition of its board of directors, management board members or members of equivalent body whether through the ownership of voting capital, by contract or otherwise.
Tariff means a set of services for a specified price, listed on the Website, or set out and presented by the Contractor to the Client, prior the conclusion of the Contract. The Tariff is selected by the Client when filling out the application and filling out the form posted on the Website;
Tax means any tax, levy, impost, duty or other charge or withholding of similar nature, including any interest or penalty payable in connection with any failure to pay or any delay in paying any of the same.
Terms means this General terms and conditions for the providing of services by the Contractor for the Client.
Webinar means information and consulting services provided by the Contractor to the Client through the access to the recordings or to the online broadcast of the lecture on the Internet in real time on the selected topic. The name, program, price of webinars and other necessary information are posted on the Website.
Website means the Contractor’s website: https://menglimaria.com, https://ladies-lab.online, which is a set of information, texts, graphic elements, design, images, photo and video materials and other results of intellectual activity.
Works means any works provided by the Contractor in the Product, on the Website, by the Content or in any other form to the Client.
2.2 Interpretation
(a) Unless a contrary indication appears, a reference in this Contract to:
(i) a document or its form shall be construed as being approved if it is identified as such by the relevant person(s) or their respective legal advisers;
(ii) a person includes any individual, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality);
(iii) a regulation includes any regulation, rule, official directive, request or guideline (whether or not having the force of law) of any governmental, intergovernmental or supranational body, agency, department or of any regulatory, self-regulatory or other authority or organisation;
(iv) words importing the plural include the singular and vice versa;
(v) a provision of law is a reference to that provision as amended or re-enacted; and
(vi) a time of day shall be a reference to Berlin time;
(b) sections, clauses and schedules are to be construed as references to clauses of and schedules to this Contract;
(c) the term including shall be construed as meaning including in particular (but not limited to);
(d) section, clause and Schedule headings are for ease of reference only;
(e) unless a contrary indication appears, any term used in any other document or in any notice given under, or in connection with the Contract or Purchase Order has the same meaning in that document or notice as in this Contract.
3 Conclusion of the Contract
3.1 Purchase Process
(a) The conclusion of the Contract takes place after the Client has placed an order using the Order Form on the Website and paid the Purchase Price.
(b) The cost, list, content, terms, place and procedure for the provision of services are indicated on the Contractor's website and its subdomains especially in the Order Form.
(c) The scope of the consultation services specified in the given Tariff.
(d) The Contract is concluded from the moment of acceptance (acceptance) by the Client of the Order Form. The conclusion of the Contract is carried out by the Client by performing all of the following actions sequentially:
(i) The Client gets acquainted with the description of the Course, chooses the tariff on the Executor's Website or contacts the Executor to provide an individual link and information;
(ii) The Client enters his/her name, e-mail address, telephone number in special boxes of the form. The Client is responsible for the correctness and reliability of the specified data;
(iii) he Client gets acquainted with the text of the offer, the policy of personal data processing,the scope of the services (the Tariff) and in case of full and unconditional agreement with them signs the symbols in the fields on acceptance of the Terms, consent to the processing of personal data and other informations
(iv) The Client makes full or partial payment.
(e) The date of acceptance and the date of conclusion of the Contract shall be the date of receipt of full or partial payment to the account of the Contractor.
(f) By making an acceptance of the offer, the Client confirms that:
(i) has familiarised himself with the terms and conditions of the public offer, the text of the public offer is clear to him, he accepts the terms and conditions fully and unconditionally;
(ii) has got acquainted with the Tariffs;
(iii) can accept performance under the Contract remotely using the software, recognises the suitability of the format for his purposes;
(iv) is aware of the rules of the payment system;
(v) is a legally full capable person, understands the meaning of his/her actions and is able to manage them, is not influenced by delusion, deceit, violence, threat;
(vi) consents to the processing of personal data, to information and (optional) advertising mailings;
(vii) consents to the placement of his/her feedback on the Website, in the profile of the Contractor's social networks, to the use of his/her image for purposes related to the performance of the Contract, including the creation of a record of events with his/her participation, and the placement of feedback, on a gratuitous and indefinite basis.
3.2 Purchase Price
(a) The Purchase Price is indicated at the Purchase Order and depends of the chosen Tariff.
(b) For some Products it may by possible of paying a partial payment of the Purchase Price.
(c) All Prices include the VAT.
(d) The Purchase Price and the Tariffs may be changed by the Contractor at any time unilaterally. The new prices come into force from the moment of publication on the Website and do not apply to Clients who have made full payment under the Contract in the previous amount.
(e) The Contractor has the right to apply special offers and discounts valid for a limited time, including by announcing the price of the Contract, taking into account the discount for free events (marathons, intensives, courses, webinars). The Client do not have any right to demand such special offers. The Client, who entered into the Contract before the application of the special offer, is not entitled to demand a change of the Purchase Price.
(f) 3.6. The terms of the course may provide for the possibility of fixing the price of the Contract for a special offer by making a deposit by the Consumer in the amount specified on the Contractor's website. When making a deposit to fix the price, the Consumer undertakes to pay the balance of the course fee within the terms agreed with the Contractor. In this case, the amount of the deposit is also credited against the payment.
3.3 Payment Procedure
(a) Payment of the Purchase Price may be made in the ways, as indicated in the Order Form:
(i) by one-time 100% payment by bank transfer through the payment system offered by the Contractor or by transfer to the Contractor's Bank Account;
or in case if the Client is the Entrepreneur:
(ii) in instalments from a partner bank. The Executor shall not be liable for the terms and conditions of the instalment payment by the partner bank, as well as for the refusal of the partner bank to provide the Client with an instalment payment (if provided for on the Website);
(iii) in instalments on the terms offered by the Contractor (internal instalments). The terms of instalments are agreed by means of an exchange of messages between the Client and the Contractor or by concluding an agreement (if provided for on the Website)
(b) The Client's obligation to pay is considered to be fulfilled from the moment of crediting the funds in full to the Contractor's Bank Account. If the funds from the Consumer are not received in due time and in full amount, the Executor has the right to withhold with the provision of services.
(c) All expenses on transfer of funds, including commissions of banks, payment systems, payment aggregators, shall be borne by the Client.
3.4 Subcontractors
The Contractor has the right to involve third parties who assist in the provision of services, as well as to use the Content created by other authors as part of the given Tariff.
3.5 Delivery
(a) Delivery of the Product/provision of services takes place exclusively within Poland.
(b) Unless otherwise agreed in a specific Purchase Order, the Product shall be deemed delivered at the moment of providing by the Contractor to the Client the Access.
3.6 Content
(a) the Consumer undertakes to comply with the exclusive and copyright rights of the Contractor and other third parties, to use official licensed software. The following actions of the Consumer are prohibited:
(i) Transfer of passwords to access the personal account and links to the Content to third parties;
(ii) Purchase of access "to the pool" (jointly);
(iii) Taking photos, audio and video recording, creating screenshots of the Content, Events and private chat;
(iv) any use of the Content for commercial or non-commercial purposes (publication, placement on Internet sites, copying, transfer or resale to third parties)
(v) ny changes in the software part of the Website and the platform, any actions aimed at illegally obtaining access to the Content;
(vi) creation of its own information products on the basis of materials
(b) The Contractor has the right to make changes and additions to the Content without the consent of the Client in order to improve it, change the schedule and provide access to the Content, notifying the Client of these changes by posting information on the Website or on the platform. Relevant notifications can also be sent to the contact e-mail, by SMS/phone call to the contact phone number specified by the Client.
(c) The Contractor provides access to the Content in the "as is" mode, while taking measures to ensure the operability of the Website, the Platform, providing unhindered access and availability of the material, and in case of malfunctions, correcting them within a reasonable time after receiving a written notification of the Client about such problems.
(d) In order to use access to view the Content, the Client shall independently provide an Internet connection, independently purchase and configure a browser and other software necessary to access the Website, the platform and view the Content; if there are problems with access to the Content, the Client is oblige to notify the Contractor about it.
(e) The Client has the right to receive round-the-clock access to the Content on the Platform and in a private chat during the term of the program, except for the time of preventive maintenance and the time of technical problems, independently choose the dates and times for viewing the Content.
(f) The Contractor's obligations to provide access to the Content (or part thereof) are fulfilled from the moment it is posted on the Platform and a notification of Access is sent in the Client's personal account, regardless of whether or not the Client used such access, when and to what extent it was used. Access to the Content is recognized as open to the Client if the module, lesson or other Content posted on the Platform is available in the Client’s personal account (from the first day of providing the Access).
(g) The fulfillment of obligations to provide access to the Content is considered proper and accepted by the Client, if the Contractor has not received written reasoned objections and statements from the Client within 24 (twenty-four) hours from the date of receipt of the link to access the Content.
3.7 The Access - Procedure for providing access to view the Content:
(a) Access is provided in a closed section of the Website or on the Platform. A personal account is provided to the Client, which is accessed using the link provided by the Contractor;
(b) After receipt of the deposit, full or partial payment by the Client, the Contractor provides the Consumer with the Access.
(c) The Contractor bare no responsibility if the Access is not established, disrupted, or interrupted due to the Force Majeure, unlawful actions of third parties or incompatibility of the Website with the Client's technical infrastructure.
(d) Access to the Content is provided under the terms of a simple (non-exclusive) license. The Consumer has the right to view the Content within the territory of the whole world and within the period provided for by the program.
(e) The Contractor, at its discretion, has the right to extend the period of access to the Content for the period after the end of the program according to the schedule, including for an additional fee or free of charge.
3.8 The Licence
The License to view the Content allows the Client to carry out the following ways of use:
(a) in relation to audiovisual works (video lessons, webinars, master classes, etc.) posted on the platform, as well as replenished Content in closed chats and instant messengers, viewing is solely for personal purposes. Viewing can be carried out an unlimited number of times during the period provided for by the Contract and the Tariff;
(b) in relation to Events – the ability to watch the broadcast in real time;
(c) in relation to literary and artistic works (handouts, text and graphic information) - downloading handouts to digital media, storing, printing, using exclusively for personal purposes.
4 Tariffs
The Client has the right to choose the following Tariffs.
4.1 Tariff 1
(a) By choosing the Tariff 1, the Client receive the Access, to the specified Content and the Contractor may provide interactive tasks for the Client.
(b) The Access to the Content is provided under the terms of a License. The Consumer has the right to view the Content within the territory of the whole world and within the period provided for by the program.
(c) The Contractor, at its discretion, has the right to extend the period of access to the Content for the period after the expiry of the Licens for an additional fee or free of charge (if explicity agreed by the Contractor).
(d) The license to view the Content in Tariff 1 allows the Client to carry out the following ways of use in relation to audiovisual works (video lessons, webinars, master classes, etc.) posing on the platform, as well as replenished Content in closed chats and instant messengers, viewing is solely for personal purposes. Viewing can be carried out an unlimited number of times during the period provided for by the Contract and the Tariff 1.
4.2 Tariff 2 (Events)
(a) By choosing the Tariff 2, the Client receives the possibility to view and remotely (using the Internet) participate in group webinars, trainings, intensives, meetings or other events held in real time.
(b) The Consumer's participation in the Events is carried out according to the information provided by the Contractor.
(c) During the Event, the Client have the opportunity to ask questions via online chat, if technically possible, to participate in the Event in the format of video conferencing.
(d) The Contractor reserves the right to change the day and date of the Event by notifying the Consumer no later than 23:59 of the day preceding the day of the Event. The Consumer undertakes to independently and timely monitor the information about the schedule on the Website, from the moment of payment, daily check the e-mail specified during registration, including the "Spam" folder, and notifications in the personal account of the Platform.
(e) A recording of the Event may be posted on the Platform. By participating in the Event, the Client agrees that the Contractor has the full right to make video recordings and photographs, the Contractor owns all copyright, related and exclusive rights to the materials obtained as a result of this, the Contractor has the right to use the Client’s image included in the recording at its discretion without paying remuneration. The Client shall not be entitled to make video recordings and photographs without the written consent of the Contractor.
(f) By participating in the Events, the Client undertakes to comply with the rules of communication, show respect for the Contractor, persons assisting in the execution of the Agreement, and other Consumers, including:
(i) comply with the rules of participation announced by the Contractor and otherwise become known to the Client;
(ii) comply with the definition of Good Manners;
(iii) not to create inconvenience for other Consumers by their actions;
(iv) not to post personal data of third parties without their consent, advertising, commercial offers, agitation and any other intrusive information, links to any third-party chats or subscription pages without the prior consent of the Contractor;
(v) Not to stir up conflicts, not to show rudeness, insult and discrimination, derogatory and critical remarks addressed to the Contractor, persons assisting in theproviding of the Works, other participants, and third parties on any grounds;
(vi) do not post calls for distrust or insult to the Contractor, persons assisting in the execution of the Agreement.
(g) When holding Events, the Contractor's obligation is considered fulfilled from the moment of the time of the Event, regardless of whether the Client participated in it or not.
(h) The fulfillment of obligations to hold the Event is considered proper and accepted by the Client, if the Contractor has not received from the Client written grounded objections, immediately (in any case not later than 12 hours) from the end of the Event.
(i) if the Consumer did not take part in the schedulded Event, he is not entitled to any compensation.
4.3 Tariff 3 (Privite chats)
(a) In Tariff 3 the Client is provided with the opportunity to participate in closed chats.
(b) To participate in a private chat, the Client is obliged to register a personal account in the messenger (Telegram or other as informed for by the Contractor) or perform actions from an existing account.
(c) The Contractor provides consulting support in closed chats from 8:00 to 18:00 on Business Days, or as announced on the Platform or as informed the Client.
(d) The content of a private chat is confidential. All content, including information about other clients, their personal data, messages, correspondence, etc., which the Client received in Telegram chats in the process of taking an online course, is prohibited from taking out of these chats.
(e) When participating in private chats, the Client is obliged to comply with the rules of communication provided for in clause 4.2.
(f) The Contractor has the right to refuse to answer the Client’s questions in Telegram chats, if these questions are not related to the topic of the online course and/or if the answer to the question is contained in the materials of the online course, or do not comply with the rules of communication provided for in clause 4.2.
4.4 Tariff 4 (Job verfication)
(a) In Tariff 4 the Client receives the services in the form of checking assignments and providing feedback and support is carried out by the Contractor in accordance with the provided scope on the Platform or otherweise presented to the Client.
(b) The deadline for the performance of tasks by the Client is set by the Contractor on the Platform. In each block where there are Homeworks, where the deadlines for their submission are indicated. Tasks submitted after the deadline will not be checked.
(c) Verification of tasks is carried out within a period of no more than 3 (three) Business Days from the date of receipt of the Client’s report. The result of the check is reported in writing in the comments to the relevant lesson on the Platform or at the Event.
4.5 Tariff 5 (Individual councelling)
(a) Services for individual consultations are provided in the amount of working hours as specified in the description of the Tariff 5 on the Website.
(b) After the payment is credited to the Contractor, the parties use e-mail or instant messengers to agree on the dates and time and method of the consultation.
(c) Consulting services are recognized as provided with proper quality and accepted by the Client, if the consultation is carried out in a timely manner, its duration corresponds to the declared one or the duration is reduced at the initiative of the Client.
(d) During the consultation, the Contractor has the right to receive any necessary information from the Client, independently determine the forms and methods of consulting, taking into accunt the Client’s requests to the extent possible and reasonable.
(e) In case of non-participation of the Client or being late for the consultation, the Contractor has the right not to conduct it, without lossing the right to agreed payment.
(f) In case of the Client's cancellation of consultationin less than 72 hours before the agreed date and time or missing the consultation without valid reasons, the cost of the consultation is not refunded and is withheld by the Contractor in full. In case of cancellation of the consultation through the fault of the Contractor without valid reasons of the party, the cost of the consultation is subject to refund to the Consumer on the basis of his written application.
5 Termination, Liability, Force Majeure
5.1 Termination
(a) Without prejudice to any other rights or remedies the Parties may have, the Contractor may terminate each Contract if:
(i) the Material Adverse Effect occurred;
(ii) the Client is in breach of any of the provision of this Terms;
(b) The Contractor may terminate the Contract at its sole discretion without prejudice to any other rights or remedies which the Contractor may have.
(c) The Client shall have the right to terminate the Contract at the events provided by the Applicable Law, and additionally at the provisions of the below Clause 5.2. if the Client is a Consumer.
5.2 Terms and Procedure for withdrawing of the Contract by the Consumer
(a) The Consumer may withdraw from the Contract within 14 days without giving any reason.
(b) The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Contractor. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the statement before the expiry of that period.
(c) Effects of withdrawal from the Contract:
(i) in the event of withdrawal from a Contract, it shall be deemed not to have been concluded.
(ii) he Contractor shall immediately, no later than within 60 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, refund to the Consumer all payments made by the Consumer, including the costs of delivery.
(iii) The Contractor shall refund the payment using the same payment methods as those used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that does not involve any costs for them.
(iv) The Consumer shall only be liable for any reduction in the value of the Product resulting from its use in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.
(d) The Consumer shall not have the right to withdraw from an online contract in relation to a Contract:
(i) where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
(ii) for the provision of services, if the Contractor has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that once the Contractor has performed the service, they will lose the right to withdraw from the Contract;
(iii) in which the subject of the service are audio or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
(iv) for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the Consumer's express consent before the expiry of the withdrawal period and after the Contractor informed the Consumer about the loss of the right to withdraw from the Contract.
5.3 Refund Policy
(a) Without limiting any rights of the Customers to withdraw from or terminate the Contract under Clause 5.2 or under the Applicable Law, the Contractor presents the refund policy, to which any Client is entitled.
(b) The Client has the right to terminate the Contract by notifying the Contractor in writing no later than 72 hours before the start of the relevant course according to the schedule or the Event.
(c) In case of refusal of the Contract within the specified timeframes, the Contractor, when making a refund, has the right to withhold:
(i) if such an notification (application for refund) is received 14 or more days before the start of the Course – the Client is refunded 85% of the amount paid, excluding the Deposit (as an amount indicated in the Order Form), if paid. The amount of the Deposit and 15% of the paid amount remains with the Contractor and covers the costs and commissions incurred by him in connection with the transfer of funds.
(ii) if such an notification is received 24 hours before the start of the course – the Client is refunded 50% of the amount paid, excluding the Deposit (as an amount indicated in the Order Form), if paid. The amount of the Deposit and 50% of the paid amount remains with the Contractor and covers the costs and commissions incurred by him in connection with the transfer of funds.
(d) After the start of the course, the Client has the right to unilaterally terminate the Contract until the Client opens Module 1 of the Course (according to the the Contract), by notifying the Contractor at least 5 (Five) Busness Days in advance. In such case, the Contractor has the right to withhold 80% of the course cost, which includes, in particular:
(i) The Deposit in the amount established for the course tariff, as well as the preliminary payment in the amount of the cost of the course's preparatory materials provided to the Client;
(ii) any bank commissions, bank costs, etc. - depending on the payment method;
(iii) the cost of access (license) for viewing the Content opened for the Client (starting from the first day of access), as well as for the Events held, other services actually rendered;
(iv) reimbursement of actual expenses incurred by the Contractor before the moment of receiving the refund application, such as:
(A) expenses for technical specialists and payment for the services of the manager assigned to the Client;
(B) expenses for the software used for the performance of the Contract, including the cost of "renting" the GetCourse platform;
(C) commissions of banks, credit organizations and payment systems charged upon crediting to the account and refunding payments from the Contractor's account, taxes and other expenses.
(e) All applications for refund of funds mus be send in PDF or JPEG format at the Contractor's email address, specified in the Order Form. The application for refund of funds must indicate:
(i) applicant's details (Full Name, ID details, residential address, phone number, email address);
(ii) payment amount, reasons prompting the refund;
(iii) details for the transfer of funds – the bank account from which the payment was made;
(iv) attachments (if any), date, signature and decryption.
(f) The decision on refund or refusal of refund is made by the Contractor within 10 (Ten) Business Days from the moment of receiving the application.
(g) Funds are refunded to the Client's account from which the payment was made within 14 (Fourteen) Business Days after the decision on the refund is made.
(h) If the application for refund of funds has been accepted by the Contractor, the Client will lose the Access to the Content, the provision of services is terminated, the Client's account (subscription number) is deleted from the closed chat within 1 (one) Business Days from the date the Contractor makes the decision on the refund.
(i) The Client loses the right to receive the refund:
(i) if the refund application is received after the completion of the course according to the schedule;
(ii) if the Client, for reasons not applicable to the Contractor, did not view the Content to which access was opened, did not participate in the Events, or did not use other services and did not notify the Contractor of his desire to refuse the Contract within the established timeframes, including in case of technical problems on the Client's side, lack of time, failure to complete tasks when using multi-level interactive content and stop-lessons;
(iii) in case of the Client's violation of copyright and exclusive rights, communication rules, the Client providing access to the Platform, Content to third parties, circumventing platform algorithms and restrictions to gain unauthorized access to the Content, or other breach of the Contract;
(iv) In case of disrespectful attitude of the Client towards the Contractor or other participants of the training program (failure to observe the rules of Good Manners).
5.4 Liability principles
(a) Neither Party shall exclude its liability to the respective other Party for:
(i) death or personal/physical injury damage to health; or
(ii) intent, default, recklessness, gross negligence or wilful misconduct; or
(iii) fraud or fraudulent misrepresentation/concealment of defects; or
(iv) any matter for which it would be illegal for it to exclude or to attempt to exclude its liability, as e. g. according to the Applicable Law.
5.5 Limitation of liability
(a) If not restricted by the mandatory provisions of Applicable Law the Contractor or any of its Subcontractors may be held liable exclusively for wilful misconduct or gross negligence. The aforesaid liability due to gross negligence is limited to the value of the last Contract with the Client, but the maximum liability is capped at the PLN 2,000.00 This limitation of liability applies to both contractual liability and liability for any non-contractual obligations, for example tort liability, to the extent permitted by mandatory provisions of law.
(b) The Contractor shall not be held liable for any incorrect and/or unpunctual performance of the Contract in the event that the complete documents, information and/or data are not received or fail to be delivered on time, or are incorrectly issued or whose content was incorrectly prepared by the Client.
(c) Any liability of the Contractor against third parties connected with the performance of the Contract for the Client is hereby excluded, unless mandatory provisions of law provide otherwise.
5.6 Force Majeure
(a) If a Party is prevented from performing any of its obligations under the Contract by an event occurring after the Effective Date, that has an impact on the performance of the affected Party hereunder and which: (i) is unforeseeable and outside the control of the affected Party, (ii) is not attributable to any act, omission, fault, or negligence of the affected Party, (iii) cannot be avoided or overcome by the affected Party and (iv) renders said Party unable to comply totally or partially with its obligations under this Contract (a “Force Majeure Event”), then the affected Party shall promptly give notice to the other Party giving the details of the nature of the Force Majeure Event, the expected impact of the Force Majeure Event on its ability to carry out its obligations under the Contract and the anticipated duration of the Force Majeure Event, but no later than after 5 (Five) calendar days the affected Party has become aware or should have become aware of the Force Majeure Event. The affected Party shall, having given notice, be excused from performance of such obligations for so long as such Force Majeure Event prevents it from performing such obligations. Force Majeure Events include, without limitation, and always provided the above conditions (i) through (iv) are cumulatively met, fire, flood, tsunami and tidal waves, perils of the sea, wind/hail/sand/ ea storm, hurricanes, typhoon, tornado, marine whirlwind, earthquake and other natural disasters of similar nature and/or impact, impact/collision, national scale telecommunication breakdowns, national scale power outages or national scale power shortages, national scale shortage of fuel, explosion electromagnetic or geomagnetic events (other than on/from the affected Party’s property), pandemics or epidemics, embargoes, national or industry-wide strikes or similar industrial action (but excluding strikes or industrial action by the workers or employees of either Party unless part of a national or industrywide strike), meteorites or other striking objects from space, radioactive contamination, chemical or biological contamination, war (whether declared or not), hostilities, invasion, act of foreign enemies, riots, acts of terrorism and acts of civil unrest.
(b) For avoidance of doubt, the following events shall be deemed not to be a Force Majeure Event:
(i) acts or omissions of the Client;
(ii) the inability of the Client to obtain, renew, amend or otherwise secure the Software, if any;
(iii) a breach of obligations by third parties;
(iv) lack of goods on the market necessary for the performance of the Contract;
(v) economic hardship, especially the Client’s insolvency, lack of available time for any reason to receive a paid service, being on vacation, on a business trip, non-payment for internet access, or malfunction of the Internet access device or similar.
(c) The Party affected by a Force Majeure Event shall use all reasonable endeavours to mitigate the costs and effects of the Force Majeure Event.
(d) The Party unable to perform its obligations shall promptly notify the other Party in writing of the commencement and termination of the aforementioned circumstances, but in any event, no later than 3 (three) days after it it will be possible.
(e) Failure to provide timely notification or failure to notify of Force Majeure shall deprive the respective Party of the right to be released from liability for non-performance of obligations due to these circumstances.
(f) If an event of Force Majeure directly affects the performance of an obligation by the deadline specified in the Contract, the deadline for performance shall be extended proportionally to the duration of the relevant circumstance, but for no more than 3 (three) months.
(g) If an event of Force Majeure circumstances persist for more than 3 (three) months, either Party shall have the right to terminate the Contract, and in such a case, neither Party shall have the right to claim compensation for losses.
5.7 Other liability provisions
(a) The Contractor does not guarantee that the Website will work smoothly and error-free.
(b) The Contractor does not guarantee and is not responsible for the accuracy, relevance, harmlessness and reliability of information, data posted on third-party Internet resources. When clicking on the links on the Website, the Client is aware that he acts solely at his own risk.
(c) The Contractor does not guarantee the safety of the content posted by the Client on the pages of the Website.
(d) The Contractor does not guarantee the accuracy of any information, content, opinions or statements made on any page of the Website.
(e) The website are for informational purposes only. The information provided on the Website is not intended to diagnose, prevent or treat any diseases or Client’s health, social, or financial problems.
(f) The Content on the Website is intended solely for informational, advisory and educational purposes.
(g) The use of the Content depends solely on the Client and under Client’s responsibility.
(h) The Contractor is not responsible for errors, misinformation and outdated content presented on the Website.
(i) The information provided on the Website is not a substitute for or an alternative to professional advice.
(j) The Contractor is not responsible for any damage and injury resulting from your trust and use of any information provided on the Website. The use of the information on the Website is solely at your own discretion and responsibility.
(k) Views and opinions expressed in the comments published on the Website belong exclusively to the authors of the comments.
(l) Comments are made to add additional information on the topic and to clarify the information provided in the Content. These may also be independent opinions about the possibilities, but our responses to your questions or comments on the Website should not be construed as an professional advice.
(m) The Contractor does not give any guarantees as to the accuracy of the information in our answers or comments.
(n) The Client must assume that the links specified in the advertising space are affiliated or sponsored links, the Contractor is not responsible for the content in the links.
(o) The Contractor does not guarantee the compliance of the content of the online course with the Client's expectations.
(p) The provision of services is limited to information purposes only.
(q) The Contractor is not responsible:
(i) For the performance of the Website and the Platform, safety of information and uninterrupted access (the use of the Website, the Platform is carried out in the "as is" mode, with the Contractor promptly taking the necessary measures to restore their functioning);
(ii) For impossibility of access to the Site, Platform or their use due to malfunctions of the Client's computer, telecommunication equipment or communication channels, insufficient quality or speed of connection when the Client accesses the Internet, as well as during preventive maintenance on the Site, failures in the operation of e-mail distribution services, including when the Contractor's letters get into the "Spam" folder;
(iii) For the results of actions and inactions of the Client. The Client assumes the risks, determines the possibility and expediency of fulfilment of tasks, application of methods and techniques proposed by the Contractor in his activity;
(iv) For the actions of banks, electronic payment systems, providing payment and refunds during the fulfilment of the Contract;
(v) If improper performance was a result of unreliability, insufficiency or untimeliness of the information provided by the Client, as well as violations of the terms and conditions of the Contract on the part of the Client.
(vi) No information, Content, consultations provided by the Contractor under the Contract can be considered as guarantees of achievement of the result by the Client, as it completely depends on the Client's actions, his personal qualities, quality and speed of mastering/implementation of knowledge and materials received from the Contractor. The Contractor is also not responsible for the risks related to the reputation and financial situation of the Client, which may arise in case of incorrect use of the Content or recommendations offered at the Events and consultations.
(vii) The cases provided on the Website and in the Contractor's account, which include the results of persons who have previously taken Courses, trainings and business mentoring programmes with the Contractor, followed the Contractor's recommendations and implemented them to achieve results, do not constitute a promise or guarantee of the Client's success in each case.
(viii) All course materials (knowledge base available in the system) are the intellectual property of the authors.
(r) All materials accessed by the Client are protected by copyright, as well as other intellectual property rights and unfair competition law.
6 Compliance
6.1 General
Each Party shall comply with any and all laws and regulations, technical and other standards (statutory or otherwise) applicable in connection with the Products, Works, or any services provided withing the Contract, including but not limited to EU, compliance, regulations social, environmental, governance, health and safety, cultural heritage and landscape, ethical practices, as may be modified or amended from time to time, intellectual property rights and non-infringement of any third party industry property rights as well as any and all standards applicable to the relevant installation, each regulations regarding the requirements for operators of critical infrastructure, EU Cyber Resilience Act and any applicable law on the subject of forced labour. Should the Party be in breach of the provisions under this clause, the Party shall hold harmless and indemnify the other Party and the Affiliates from any claim, defect, damage or liability whatsoever, including legal costs to defend a litigated matter arising out of, or in connection with such breach.
6.2 Sanctions
(a) Each Party represents and warrants that, as of the Effective Date of this Contract, it has not and will not, directly or indirectly, participate during performance of this Contract, in any unlawful conduct that may be construed as bribery and / or corruption under the Applicable Law relating to the prevention of bribery, corruption, fraud or similar activities (the “Anti-Corruption Laws”). Either Party shall have the right to terminate this Contract upon written notice if the other Party or its employees, representatives or agents violate any Anti-Corruption Laws.
(b) The Contractor represents and warrants, that either the Contractor, nor any of its directors, officers, employees, Affiliates, agents and representatives is an individual or entity that is, or is owned or controlled by another individual or entity, or any Subcontractor:
(i) is a Sanctions Restricted Person; or
(ii) is in breach of any Sanctions; or
(iii) is, or is owned or controlled by, or acting on behalf of a Sanctions Restricted Person; or
(iv) has engaged in any activity that could reasonably be expected to result in it being designated as a Sanctions Restricted Person; or
(v) has violated, or taken any action, that would result in a violation of Sanctions; or
(vi) conducts business with a Sanctions Restricted Person; or
(vii) is using or will use the proceeds of a Facility for the purpose of financing or making funds available directly or indirectly to any person or entity which is currently listed on any list of Sanctions Restricted Persons, to the extent such financing or provision of funds would be prohibited by Sanctions or would otherwise cause any person to be in breach of Sanctions; or
(viii) is contributing or will contribute or otherwise make available the proceeds of a Facility to any other person or entity for the purpose of financing the activities of any person or entity which is currently listed on any list of Sanctions Restricted Persons, to the extent such contribution or provision of proceeds would currently be prohibited by Sanctions or would otherwise cause any person to be in breach of Sanctions.
(c) No Sanctions Restricted Person directly or indirectly holds shares in its share capital.
6.3 Anti-Money Laundering Laws
The payments of the Client are, have been conducted and will be conducted at all times in compliance with Anti-Money Laundering Laws.
6.4 Data Protection
(a) Each Party shall, and shall ensure that its Subcontractors and sub-suppliers shall, at all times comply with:
(i) Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR);
(ii) Any applicable sector-specific or state-level data protection laws of Applicable Law.
(b) Each Party shall be responsible for ensuring that any disclosure of personal data to is lawful and compliant with applicable data protection laws. The disclosing Party shall bear all liability arising from any failure to comply with such obligations.
(c) The Contractor may process the following personal data of the Client (if applicable) necessary to establish, shape the content, change or terminate the legal relationship between them:
(i) surname and first names of the service recipient;
(ii) PESEL identification number or, if this number has not been assigned, passport number, identity card number or other document confirming identity;
(iii) permanent residence address;
(iv) correspondence address, if different from the address referred to in point 3;
(v) data used to verify the service recipient's electronic signature;
(vi) the Client's e-mail addresses;
(d) In order to perform the services as described in the Tariffs, the Contractor may process other data necessary due to the nature of the service provided, especially to provide the data to third parties for the conducting of the payment process (banks, credit cards holders, etc.).
(e) The Contractor shall make the data referred to in this Clause available free of charge to state authorities authorised under separate regulations for the purposes of their proceedings.
(f) The Client has the right to access and correct their data.
7 General provisions
7.1 Severability
Should any provision, or applications thereof, of this Terms be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. In the event that any such invalid, ineffective or unenforceable provision, or application thereof, of this Terms are held to be invalid, ineffective or unenforceable, the Contractor shall provide with an equitable adjustment as comes closest to the economic intent and purpose, with a view towards effecting the purpose of this Terms, of such invalid, ineffective or unenforceable provision. The foregoing shall apply mutatis mutandis if the provisions of this Terms should be found to be incomplete or inconsistent.
7.2 Addresses
The address and e-mail address (and the department or officer, if any, for whose attention the communication is to be made) of each Party for any communication or document to be made or delivered under or in connection with the Contract is set out the Website or any substitute address, e-mail address as the Party may notify to the other parties by not less than five Business Days' notice.
7.3 Electronic communication
(a) Any communication to be made between any two Parties under or in connection with the Contract or Purchase Process may be made by electronic mail or other electronic means (including, without limitation, the Website, and the Order Form)
(b) Any electronic communication which becomes effective, after 5:00 p.m. in the place in which the Party to whom the relevant communication is sent or made available has its address for the purpose of this Contract shall be deemed only to become effective on the following day.
7.4 Understanding of the Terms
(a) The Terms and each Contract contains the entire understanding of the Parties with respect to the subject matter hereof and reflects the prior agreements and commitments with respect thereto. There are no oral understandings, terms or conditions and neither Party has relied upon any representation, express or implied, not contained in this Contract.
(b) For the fulfilment of the written form requirement, the Parties agree that an exchange of emails of the Parties is sufficient.
(c) No delay or omission by either of the Parties in exercising any right or remedy provided under this Terms shall constitute a waiver of such right or remedy, nor shall it be construed as a bar to or waiver of any such right or remedy on any future occasion.o waiver
7.5 Confidentiality
(a) The Parties shall hold in strict confidence of any information or documentation provided to the Client or vice versa, especially the Content, records, private chats (collectively, the “Confidential Information”) for a period of 30 (thirty) years following the termination or expiration of the Contract..
(b) Public quoting of the Content, a fragment of the Event is allowed only to a reasonable extent without distorting the meaning, without damaging the business reputation of the Contractor, indicating the name of the Course, the Contractor, as well as a link to the Website or the Contractor's account.
(c) Notwithstanding the foregoing, the Contractor may disclose the following categories of information, or any combination thereof:
public quoting of the Content, a fragment of the Event only to a reasonable extent without distorting the meaning and in accordance with the Data Protection provisions of the Apllicable Law,
(i) Information which was in the public domain prior to receipt by the relevant Party, or which subsequently becomes part of the public domain by publication or otherwise, except if disclosed by the relevant Party or its Affiliates, subcontractors, employees, directors, officers, agents, advisers or representatives.
(ii) Information that was lawfully in the possession of a Party prior to receipt thereof from the other Party, and such Confidential Information did not come into the possession of such Party through the breach of any confidentiality obligation;
(iii) Information received by a Party from a third party having no obligation of confidentiality in respect thereto;
(iv) Information developed independently by a Party at any time, provided it was not developed from or making use of other Confidential Information;
(v) Confidential Information disclosed pursuant to and in conformity with applicable laws, stock exchange regulations, order of a public authority or in connection with a judicial proceeding. However, the Party required to disclose such information, except if unlawful, shall give prior notice to the other Party of such required disclosure and, if so requested by the other Party, shall use its best efforts to oppose or limit the required disclosure as appropriate under the circumstances; and
(vi) Confidential Information disclosed to Affiliates, subcontractors, employees, directors, officers, agents, advisors or representatives of each Party (each a “Representative”) on a need-to-know basis, provided that such Representatives have entered into confidentiality agreements at terms not less onerous than the ones contained in this Clause.
(d) Each Party acknowledges that in the event of any breach by a receiving Party of any of the confidentiality provisions, the disclosing Party may suffer irreparable harm and its remedies at law may be inadequate. Accordingly, the disclosing Party shall be entitled to seek a petition for any injunctive relief, preliminary and permanent injunctions, specific performance, and other equitable relief, without proof of an actual breach and without any obligation of posting a security. The rights and remedies of each Party under this Contract shall be cumulative and in addition to any other rights or remedies available to such Party, whether at equity, at law or at contract.
(e) Each Party shall indemnify and hold harmless the other Party in relation to any damage, liability, or claim arising out from or in connection with a breach of the confidentiality provisions by that Party or any of its mandated Representatives.
7.6 No setting off
Neither of the Parties may:
(a) set-off any claim, other that explicitly permitted under the Contract, unless undisputed, acknowledged or if and to the extent awarded by the competent courts; and
(b) demand dissolution of or rescission from the Contract, other than explicitly permitted under this Contract or by the mandatory provisions of the Applicable Law.
7.7 Out-of-court complaint handling and redress procedures
(a) Detailed information on the possibility for Consumers to use out-of-court complaint handling and redress procedures, as well as the rules for accessing these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:
(i) http://www.uokik.gov.pl/spory_konsumenckie.php;
(ii) http://www.uokik.gov.pl/sprawy_indywidualne.php; and
(iii) http://www.uokik.gov.pl/wazne_adresy.php.
(b) The Consumer has the following examples of options for using out-of-court complaint handling and redress mechanisms:
(i) The Consumer is entitled to refer the matter to a permanent consumer arbitration court, with a request to settle a dispute arising from the Agreement concluded with the Contractor.
(ii) The Consumer shall be entitled to refer the matter to the provincial inspector of the Trade Inspection, with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Contractor.
(iii) The Consumer may obtain free assistance in resolving a dispute between them and the Contractor, also using the free assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).
(iv) The Consumer has the right to use extrajudicial means of dealing with complaints and pursuing claims. To this end, they may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
7.8 Governing Law and Dispute Resolution
(a) Each Contract, the rights and remedies of the Parties hereunder, and any non-contractual obligations arising out of or in connection with this Contract or this Terms, shall be governed by, and construed and enforced in accordance with, the Laws of Poland. In case of any dispute arising out of or in connection with this Contract or the Terms, the Parties will first endeavour to settle their differences by amicable settlement agreement before initiating arbitration. The Party who aims to resolve a dispute must give written notice of such dispute to the other Party. The other Party will endeavour to settle the dispute within 30 (thirty) Business Days after notice is given as set out above.
(b) Any dispute, controversy or claim arising out of or in connection to this Contract or the Terms which cannot be settled amicably between the Parties within thirty (30) calendar days of such dispute, controversy or claim, shall be subject to arbitration by a panel of three (3) arbitrators pursuant to the rules of arbitration and conciliation of the International Chamber of Commerce (ICC). The place of arbitration shall be Gdańsk, Poland. The arbitration proceedings shall be conducted in English. The decision of the arbitral tribunal shall be final and binding upon the Parties. Neither Party shall seek recourse to a court of law or other authorities to appeal for a revision of the decision. The arbitration fee shall be borne by the succumbing Party.
(c) Notwithstanding the foregoing, either Party shall have the right to seek temporary or permanent injunctive or other similar relief in any court or other competent jurisdiction, which shall in no way be interpreted as a waiver of the right to arbitrate.
(d) This above provisions of this Clause, do not apply to Consumer and his/her rights to settle the rights according to the provisions of the Applicable Law.
(e) These Terms are an integral part of each Contract. Any deviations from the Terms shall require introduction of relevant provisions into the Contract. In case of any discrepancies between the Contract and the GTC, the provisions of the Contract shall prevail.
(f) The Contractor reserves the right to amend these Terms, especially if the generally applicable laws or the significant factual circumstances affecting the content of these Terms or the contract performance change. Amended Terms shall be delivered to the Client. Amended Terms shall not require an amendment to the Contract or any additional approval from the Client to be valid. If the Client does not accept the amended Terms, the Client may terminate the Contract. Old contractual provisions shall apply during the notice period.
Gdańsk, Ladies Lab sp. z o.o.