Whenever the term is used below:
- Smart Concept – it should be understood as Smart Concept Spółka z ograniczoną odpowiedzialnością with its registered office in Piaseczno (05-502) at ul. Zalesiej 1J; with a share capital of PLN 5,000 paid up in full, entered into the National Court Register kept by the District Court for the Capital City of Warsaw Warszawa in Warsaw, 14th Department of the National Court Register under the number 0000419584; NIP: 9522117786; REGON: 145956275.
- Platform – it should be understood as an e-learning platform belonging to Smart Concept and run at www.qulla.pl.
- Regulations – it should be understood as these Regulations, which are also referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services.
- Training – an audiovisual recording containing a lecture on the basics of a given field of education.
- Subscription training / Subscription Academy – audiovisual recordings containing a lecture on the basics of a given field of education and additional benefits such as webinars, mailings or other benefits described on the subscription training website. The user can access the subscription training for 12 months by paying for the entire subscription period or for 1 month in a limited form. When paying monthly, the content on the platform is replenished in 7 or 10 day cycles
- Basic training – an audiovisual recording containing a lecture on the basics of a given field of education. Basic training can be part of training or subscription training
- Live training recording – audiovisual recording of a live lecture on the basics of a given field of education,
- Sales contract – it should be understood as a sales contract referred to in the provisions of the Act of 23 April 1964 – Civil Code.
- Service – it should be understood as the sale of training through the platform run by Smart Concept as part of the business activity.
- User – it should be understood as the person who purchased the training.
- Subscription – it should be understood as access to training as part of a one-off fee for a period of 12 months or in monthly cycles
§2 General provisions
- The Regulations define the rules for using the platform, providing services by Smart Concept, concluding sales contracts and indicate the rights and obligations of the User.
- The Regulations are available at any time at www.qulla.pl
- A party to the sales contract may be persons over 18 years of age. In the case of persons aged 13-18, the consent of their legal guardian is necessary for the effective conclusion of the sales contract. In doubtful cases, Smart Concept may request such consent in writing.
- In order to use the service, the User is obliged to obtain access to a computer station or terminal device with Internet access on their own.
- The trainings are the intellectual property of Smart Concept and are protected under the Act of February 4, 1994 on copyright and related rights.
§3 Contract conclusion procedure
- The User acquires training by concluding a sales contract via the platform, subject to section 7.
- The sales contract is concluded at the time of payment for the training.
- In order to conclude a sales contract, the User is obliged to provide his name, surname, address and e-mail address and make the payment in the manner indicated on the platform.
- The payment operators are: Tpay and PayU
- At the moment of concluding the sales contract, the User gains access to the training of his choice and paid for, and data (login and password) are sent to the e-mail address provided by him, with which he can then log in to the platform by creating a permanent User account.
- Smart Concept may introduce temporary sales promotions consisting in reducing the price of individual training courses or their sale in packages. Promotional sales may be related to the specific conditions of using the Service, about which Smart Concept informs on the Platform.
- The sales contract may also be concluded by a person who cannot perform the activities specified in paragraph 2-4. Then, it should send the training order to email@example.com. In the return e-mail, such a person will receive payment details. After the payment is credited to Smart Concept’s bank account, sec. 6.
§4 Rules for using the service
- Dostęp do zakupionego przez Użytkownika szkolenia jest zapewniany użytkownikowi zgodnie z wybraną formą sprzedaży opisaną przy konkretnym szkoleniu. Obecnie na platformie dostępne są trzy rodzaje produktów.
- Subscription training Annual Payment – access to subscription training with annual payment is granted to the user for 12 months
- Subscription training Monthly payment – access to subscription training with monthly payment is granted to the user for 1 month. Access is renewed for another month after the user makes another monthly subscription payment. With a monthly subscription payment, the user receives access to new materials included in the training in 7 or 10-day cycles.
- Basic training – access to basic training is made available to the user indefinitely. However, not less than for a period of 12 months
- Live training recording – access to basic training is provided to the user indefinitely. However, not less than for a period of 12 months
- The user can access the platform and log in from up to 3 different end devices.
- The user acquires the training solely for his own use. Any use, including dissemination, copying, making changes and making the training available to third parties, individually or publicly, for a fee or free of charge, entitles Smart Concept to withdraw the User’s access to the training, demand a refund of the price paid, as well as pursue claims for damages on general terms .
- In order to ensure the security of the provision of services and to protect the collected data, Smart Concept takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to protect the materials posted on the platform and stored data against acquisition and modification by unauthorized persons. However, the user should be aware that the use of services provided by IT networks is always associated with risk, e.g. suffering damage caused by malware, social engineering and hacking attacks. Smart Concept recommends that the User equip the device that he uses when connecting to the Internet with an antivirus program and keep it updated.
- Smart Concept is not responsible for the periodic unavailability of the training caused by objective factors, including force majeure, technical failures or related to factors attributable to IT service providers. Smart Concept is not responsible for losses or lost profits caused by a technical failure. Smart Concept reserves the right to intentionally, temporarily cease to provide the service due to maintenance activities or related to modification of the platform or to other necessary technical breaks. Smart Concept makes every effort to ensure that access to training is permanent and uninterrupted.
- Smart Concept reserves the right to discontinue the service, delete all Users’ data, transfer the rights to the platform to another entity and take any other legal actions related to the platform, for which the User will not be entitled to any claims against Smart Concept, which does not exclude or does not change the User’s rights under the sales contract and the Regulations.
- In the scope of using the service, the User is obliged to comply with applicable law.
- For the proper use of the training, the User should ensure the current version of the software. Smart Concept recommends using Firefox and Chrome browsers.
§5 Withdrawal from the contract
According to Art. 38 point 13 of the Act of July 18, 2002 on the provision of electronic services, the right to withdraw from an off-premises or remote contract is not available to the consumer in relation to contracts for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline for withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
After paying for the training, the User receives immediate access to it, because Smart Concept fulfills the service immediately after receiving the payment, and thus the User loses the right to withdraw from the contract. The training is available in the form of a digital broadcast. It is not a good or service on a tangible medium that can be simply returned. The user is asked to make a prudent and thoughtful purchase.
- Complaints should be sent by e-mail to the e-mail address: firstname.lastname@example.org or by post to the address of Smart Concept Sp. z o. o., ul. Zaleśna 1J, 05-502 Piaseczno.
- Smart Concept undertakes to consider the complaint within 30 days.
- Smart Concept and the creators and contractors cooperating with it make every effort to ensure that the material presented in the training is professional and as helpful as possible in learning the basics of a given field of education, however, Smart Concept does not guarantee learning results. Success in any field is the result of work and systematic efforts, for which the training is designed to lay the foundations.
- Smart Concept takes steps to ensure the full correct operation of the platform, to the extent that results from the current technical knowledge and undertakes to remove without undue delay, within a reasonable time, any irregularities reported by Users.
- The user may report any irregularities and interruptions in the functioning of the platform and in access to the training to the e-mail address: email@example.com or by post to the address of Smart Concept Sp. z o. o., ul. Zaleśna 1J, 05-502 Piaseczno.
§7 “Satisfaction Guarantee” promotion
- Until further notice, Smart Concept introduces a promotion under which the User purchasing the Training during its validity period has the right to demand a refund of the price paid if he/she decides that the Training does not meet his/her expectations.
- The right to request a refund may be exercised within 14 days from the date of purchase of the Training.
- The Promotion covers selected Trainings, in accordance with the information contained on the Platform.
- The refund of the paid price will take place within 30 days from the date of submitting the refund request.
- Smart Concept reserves the right to cancel the promotion at any time, as well as change its conditions.
- Smart Concept can enable the purchase of training that has not yet been produced.
- The user who decides to purchase the training, for the price specified in the contract, acquires the right to receive access to the training under the conditions set out in the Regulations, at the moment when the training video is completed.
- After 3 months from the date of purchase, the User has the right to withdraw from the contract for a refund of the price paid.
- Before completing the training, Smart Concept may withdraw from its production and thus withdraw from the obligation to conclude the contract. The user is not entitled to any other claims against Smart Concept in this respect, apart from the right to receive a refund of the price paid.
§9 Competitions in social media
- Smart Concept may organize promotions and competitions in social media.
- Participation in the competition is voluntary and you can withdraw from participation at any time.
- Detailed conditions for participation in a given competition are provided by Smart Concept at the time of its announcement, via the given social media on which the competition is organized.
- Participation in the competition is tantamount to consent to the detailed terms and conditions of the organization of a given competition.
- Smart Concept reserves the right to cancel the competition at any time, without giving reasons. Competition participants are not entitled to any claims against Smart Concept in connection with the cancellation of the competition.
- The criteria for selecting the winner of competitions and promotions are left to the discretion of Smart Concept and are not subject to disclosure at the request of participants. Mere participation in a contest or promotion does not guarantee prizes.
§10 Final Provisions
- The Regulations come into force on February 19, 2023.
- In the event of a change in the concept of running the platform, providing training or other important reasons, Smart Concept reserves the right to unilaterally amend the Regulations. Amendments to the Regulations come into force after 3 days from the posting of the amended Regulations on the platform. Smart Concept may additionally notify the User about the change in the Regulations by e-mail to the address saved in the User’s account.
- Smart Concept strives to amicably settle any disputes initiated by the User and encourages the submission of comments, committing to their substantive consideration and, if possible, to take them into account.
- Settlement of disputes arising between Smart Concept and the User who is a consumer within the meaning of art. 22 1 of the Act of April 23, 1964, the Civil Code, is subject to the courts of competent common courts.
- In matters not covered by the Regulations, the provisions of the Act on the provision of electronic services, the Civil Code, the Act on copyright and related rights and other generally applicable laws shall apply.