INTRODUCTION

These Regulations have been issued pursuant to Article 8(1)(1) of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2017, item 1219, of 2018, item 650) and are made available to Clients free of charge in a form that allows it to be downloaded, saved and printed via the Website
The Regulations set out the general terms and conditions for the use of the Website, Registration, provision of Services by the Service Provider and the complaint procedure.

GENERAL PROVISIONS

  1. All rights to the Site, including copyrights, intellectual property rights to its name, domain name and materials, belong to the Service Provider, and may be used only in the manner specified and in accordance with the Terms and Conditions.
  2. The Site is made available by the Service Provider via the Internet as a teleinformatic and IT system resource.
  3. Use of the Site means any action that leads to reading or using Digital Publications by the Customer.
  4. The Client is obliged to use the Site in a manner consistent with these Terms and Conditions, applicable law, general rules for the use of the Internet and in a manner that does not infringe the rights of the Service Provider or the rights of third parties.
  5. Each Client is obliged to comply with the provisions of these Terms and Conditions from the moment of taking the first action related to the use of the Site.
  6. Successful registration requires thorough familiarisation with and acceptance of these Terms and Conditions.
  7. Unless otherwise specified on the Website, individual Services, as indicated by the Client when ordering them, require Registration.
  8. The Customer is not authorised to make Digital Publications available to the public or to distribute them in any form or manner, nor to encourage or authorise any third party to make them available to the public or to distribute them, in particular by making them available to the public in such a way that anyone can access them from a place and at a time individually chosen by them, whether for payment or free of charge.
  9. When using the Website, the Customer is not entitled to interfere in any way with the Digital Publications, and in particular is not entitled to interfere with their content, structure, form, graphics or operating mechanism of the Website.
  10. It is forbidden for the Client to provide unlawful content and to use the Site in a manner contrary to the law, morality, violating the personal interests of third parties or the legitimate interests of the Service Provider. In particular, any actions which may hinder or destabilise the operation of the Site or expose Service Provider to loss of reputation, good name or to any damage are unacceptable.
  11. Service Provider reserves the right to place on the Website advertising content concerning its own goods and Services, in forms used on the Internet.
  12. In addition to these Terms and Conditions, there may be additional regulations supplementing these Terms and Conditions, particularly with regard to additional services.

TECHNICAL REQUIREMENTS

  1. The use of the Website is possible on condition that the Customer meets the following technical requirements:
    1. possession of a device enabling access to the Internet, equipped with a functioning operating system,
    2. having installed on the device referred to in item a) above the version of a web browser providing access to the resources of the Internet, such as: Internet Explorer Google Chrome or other compatible, supporting cookies,
    3. have an active e-mail account.
  2. Before using the Service, the Customer is obliged to check whether his/her device meets the technical requirements specified in these Terms and Conditions. In case of doubts concerning technical possibilities of using the Services, the Client should contact the Service Provider by sending an appropriate enquiry to the following address: hi@forgeofcontent.com.
  3. The quality of playback of video materials available under Digital Publications may depend on the technical parameters of the Internet connection and the technical parameters of the device on which the video materials are played.
  4. The Service Provider shall make every effort to ensure that the use of the Services on the Website is correct. However, the Service Provider does not guarantee that problems with access to the Services will not occur (e.g. as a result of blocking access to the Services despite acting in accordance with the Terms and Conditions). Such cases, together with their detailed description should be reported to the Service Provider at the following e-mail address: hi@forgeofcontent.com.
  5. The Service Provider informs that technical problems or limitations occurring on the equipment used by the Client (firewalls, blockades, incorrect versions of the Internet browser, anti-virus software and others) may limit or prevent the Client’s access to the Services on the Site.
  6. Through the Website, the Service Provider provides Services 24 hours a day, 7 days a week with a guaranteed uptime of 90%. Service Provider reserves the right to service interruptions. If possible, Service Provider will inform about technical interruptions and their duration by means available to it, in particular by posting messages on the Site.

RULES FOR ACCESS TO SERVICES ON THE SITE

  1. The use of the Services may be free of charge or chargeable.
  2. The price shall be specified each time for a given Service offered on the Site.
  3. The conclusion of the Agreement for the declaration of Free Services shall take place each time the Customer uses the Site and, in the case of the Newsletter, when the Customer effectively subscribes to (orders) the Newsletter.
  4. The conclusion of the Agreement for the declaration of Paid Services shall take place upon an effective Registration by the Customer and payment for a given Service by the Customer.

REGISTRATION AND USER AGREEMENT

  1. In order to complete the Registration process the Client should provide his/her Personal Data, marked in the form as obligatory, and then accept the Regulations and approve the Registration. The Client’s registration on the Website and the creation of an individual Account for him/her is completed at the moment of approving the Registration form.
  2. During the Registration process the Customer fills in the registration form available on the Website and follows the instructions. The Customer is obliged to keep the password for access to his/her individual Account on the Website associated with the Customer Name confidential.
  3. Approval of the registration form completed by the Client is tantamount to his/her making a declaration that the Personal Data provided is true and that he/she is authorised to dispose of this data.
  4. In the case of natural persons it is necessary to have full legal capacity to open an Account.
  5. It is forbidden to use other Clients’ Accounts or to make an Account available, including making the login and password of the Client available to other Clients, as well as to undertake IT activities or any other activities aimed at gaining access to passwords to other Clients’ Accounts.
  6. In the event of death of a Client who is a natural person or liquidation of a Client who is a legal person or organisational unit without legal personality, the Agreement on using the Service shall expire, whereas the Client’s Account shall be removed as a result of notification and proof of circumstances constituting the basis for expiry of the Agreement to the Service Provider.

LICENSING AND ACCESS TO DIGITAL PUBLICATIONS

  1. In order to gain access to a given Digital Publication, it is necessary for the Customer to conclude a License Agreement with the Service Provider.
  2. By concluding a License Agreement the Customer receives a non-exclusive, paid or royalty-free license to use the given Digital Publication for the duration of Customer’s active Account, but not longer than the period specified in the description of the Digital Publication.
  3. Access to Digital Publications requires registration and is only possible through a web browser. The Customer is not entitled to download, save or copy Digital Publications in any way.
  4. In order to conclude a Licence Agreement, the Customer must place an Order for a given Digital Publication through the Website.
  5. The Order for a given Digital Publication shall be placed by activating the relevant options visible on the Website for each offered Digital Publication and following the instructions provided to the Customer at each stage of the ordering process.
  6. After placing an order for a given Digital Publication, an e-mail will be sent by the Service Provider to the address provided by the Customer. The receipt by the Customer of a message informing that the Order for a given Digital Publication has been accepted for processing means that it has been placed correctly and is equivalent to concluding a License Agreement.
  7. In order to gain access to a given Digital Publication offered against payment through the Service, the Customer shall be obliged to make the payment as specified in § 11 of these Regulations.
  8. The Service Provider shall proceed to carry out the Order
  9. the Digital Publication after receiving the payment made by the Customer in accordance with these Terms and Conditions. The moment the Customer pays the amount due for access to the given Digital Publication shall be the moment the due payment is credited to the bank account indicated by the Service Provider.
  10. Once the payment for a given Digital Publication is recorded in the Service Provider’s Account, the Service Provider shall inform the Customer about the commencement of processing of the Order for a given Digital Publication by sending a message with the access code to the e-mail address provided by the Customer.
  11. The commencement of the provision of the Service for a given Digital Publication will be made no later than 14 days after the Customer who is a Consumer has been notified of the commencement of performance of the Order for the Digital Publication. If the Customer who is a Consumer agrees to the immediate fulfilment of the contract and to the provision of the Digital Content to him or her before the expiry of the statutory period for withdrawal from the contract and after confirming that he or she has been informed of the loss of the right to withdraw from the contract at the time of giving such consent, or if the Customer who is not a Consumer agrees to the immediate fulfilment of the contract and to the provision of the Digital Content to him or her, the provision of the relevant Digital Publication shall be completed within a maximum of 3 days from notification to the Customer of the commencement of the performance of the Order for a Digital Publication.
  12. Any breach of the provisions of the Digital Publication License Agreement shall entitle the Service Provider to terminate the License Agreement immediately, by sending a notice of termination to the Customer at the e-mail address provided by the Customer.
  13. Digital Publications are for educational purposes only. As a result of using the Digital Publications, the Client will receive some knowledge including the methodology of the field of activity in which the Digital Publication relates. The Service Provider does not guarantee that Customers will achieve their intended outcome related to the subject matter of the Digital Publication. The Client is solely responsible for the way in which he uses the methodologies presented to him, in particular for using them contrary to the presenter’s instructions.
  14. Within the Service, a non-exclusive license is granted for access to multiple reproductions of a given Digital Publication. Access shall be granted from the moment of obtaining the license for the duration of the Customer’s active Account, but not longer than the period for which access was purchased.
  15. The Recipient using the Service does not receive any copyright with respect to them. The Client is granted only, under the conditions specified in the Terms and Conditions, a non-exclusive license to use the System via the Website in a manner consistent with its intended use, with these Terms and Conditions, and in a manner consistent with the law and morality, taking into account respect for personal rights, personal data, copyrights and intellectual property of the Service Provider, other Clients and third parties.
  16. The licence is granted upon payment of the package and for the duration of the preparation of the author’s text. The licence is granted without territorial restrictions.
  17. The license does not authorize the Service Recipient to sell, rent, lease, sublicense and lend the Account and the System accessible from it, both as a whole and its individual components. This provision does not exclude the right of the Customer to authorize other persons, including his employees, to use the System to the extent necessary for the proper use of the functionalities of the System for the purposes intended by the Service Provider.
  18. The Service Provider may terminate the license with immediate effect if the Recipient violates these Terms and Conditions or other generally applicable laws.
  19. The Service Provider shall make the authoring texts available to the Client via Google Drive. The Service Provider undertakes to store the files which are the subject of the order for a period of up to 30 days after the delivery of the order. After a period of 30 days, the Service Provider reserves the right to delete the files which are the subject of the order.
  20. The Service Provider undertakes to carry out 2 rounds of amendments to the Order delivered in accordance with the brief and the comments made by the Client. Subsequent amendments are treated as a separate order.

SERVICE PRICES AND PROMOTIONS

  1. All prices of Services in the form of digital publications presented within the Website are given in Polish zloty as gross prices, i.e. including the applicable VAT rate. The price given next to a given Service is binding for the Customer at the moment of placing the Order. In the summary of the Order placed and in the text of the VAT invoice issued, the net prices of the Services (gross prices after deducting the applicable VAT rates in accordance with applicable regulations) and the tax rate included in the gross price are also given.
  2. The Service Provider reserves the right to amend the Prices of the Services on the Website. The changes introduced shall not apply to Orders placed before the change of the Price.
  3. The Service Provider reserves the right to conduct and cancel any kind of promotional campaigns. The right referred to in the previous sentence shall not affect Orders placed before the conditions of a given promotion came into force.
  4. Within the promotions announced, the Service Provider reserves the right to introduce restrictions, which will be specified in the conditions of the promotion.
  5. Promotions on the Site may not be combined, unless the terms of a given promotion state otherwise.

METHODS OF PAYMENT

  1. The Client shall pay for the Services using the Payment Methods indicated by the Service Provider on the Website.
  2. By accepting the provisions of the Regulations, Clients who are not consumers agree to receive VAT invoices and corrections of VAT invoices electronically.

CONSUMER-RELATED PROVISIONS

  1. The Customer who is a consumer within the meaning of the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827) has the right to withdraw from the Contract within 14 (fourteen) days of its conclusion without giving any reason.
  2. The right to withdraw from the Agreement is exercised by informing the Service Provider by an unequivocal statement of withdrawal. The declaration of withdrawal may be made on the form, a specimen of which is attached as Attachment No. 1 to the Terms and Conditions, but it is not mandatory.
  3. In the case of withdrawal from the Agreement, the Service Provider shall refund all payments received.
  4. Service Provider shall reimburse payments incurred immediately, but no later than within 14 days of receipt of the Consumer’s declaration of withdrawal
  5. Reimbursement of payments shall be made by the same means of payment used by the Consumer, unless the Consumer expressly agrees to a different solution.
  6. The right of withdrawal shall not apply to the following contracts:
  7. for the supply of digital content which is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the withdrawal period and after informing the Consumer of the loss of the right to withdraw from the contract;
  8. for the provision of services, if the Service Provider has performed the service in full with the explicit consent of the Consumer who was informed before the performance began that after the performance by the Service Provider he will lose the right to withdraw from the contract;
  9. In the event of cancellation of participation in the Event after the deadline indicated in paragraph 1 of this section, the Service Provider will charge the Client-Consumer with lump-sum administrative and accounting costs in the amount of 25% of the gross price of the Event. The provisions of par. 12.2-5 apply accordingly.

PROVISIONS FOR NON-CONSUMERS

  1. This section of the Terms and Conditions and the provisions contained herein apply only to non-Consumer Clients.
  2. A Client who is not a Consumer may cancel their participation in the Event in the following cases: death of a relative of the Client who is not a Consumer and/or the Participant (spouse, child, parent, sibling, relative, cohabitant); serious illness of the Client who is not a Consumer and/or the Participant that prevents the participation in the Event; the need to fulfil obligations towards public authorities of which the Client who is not a Consumer was not aware when placing the order for the Event (e.g. court appearance).
  3. In cases referred to in this section, the remuneration paid by the Non-Consumer Customer shall be refunded in full, subject to the provisions of section 5 of this section.
  4. All reasons indicated above for cancelling participation in the Event must be documented by the non-Consumer Customer.
  5. Withdrawal from the Event by a Customer who is not a Consumer should be sent to the following email address: hi@forgeofcontent.com.
  6. If a non-consumer client withdraws from an Event during its duration for the reasons specified in paragraph 2 of this section, the non-consumer client is obliged to pay the fee proportionally for the classes attended.
  7. In the event of cancellation of participation in an Event at least 14 days before its scheduled date for any reason, except for the reasons indicated in paragraph 2 of this section, the remuneration paid on this account shall be returned to the Client who is not a Consumer in full.
  8. In the event of withdrawal from the contract for participation in an Event less than 14 days before its scheduled date for any reason other than those indicated in paragraph 2 of this section, the Client who is not a Consumer is obliged to pay the Service Provider the full remuneration for this Event.

INTELLECTUAL PROPERTY RIGHTS

  1. The Service Provider’s materials and the content of the Site, including but not limited to text, graphics, logos, sound effects, video materials, registered trademarks and the compilation, layout and appearance of the Site, as well as the software providing for its operation, are subject to copyright or industrial property rights held by the Service Provider and are protected by law.
  2. When using the Site and accessing the content protected by the Services, the Client is obliged to comply with these Terms and Conditions, generally applicable provisions of law, and not to undertake any actions constituting an infringement of intellectual property rights.
  3. When placing entries on the Website, in particular texts, photographs and graphics, Client is obliged not to infringe the exclusive rights, including copyrights and industrial property rights, of Provider or other entities.
  4. By posting his/her comments and reviews on the Services, Client consents to the use of such comments and reviews by Service Provider, including their dissemination for promotional and advertising purposes of the Services.

COMPLAINTS AND DISPUTE RESOLUTION

  1. All complaints concerning non-performance or improper performance of the Services by the Service Provider should be reported by e-mail to the following address: hi@forgeofcontent.com with a description of the complaint and the reasons for reporting it and with the identification data of the Client submitting the complaint.
  2. The scope of the complaint does not include defects, faults and irregularities related to the use of the Services resulting from: Client’s errors or mistakes, incorrect functioning of the Internet browser or telecommunication links on the Client’s side, activities of third parties that do not participate in providing the Services through the Website on the initiative of the Service Provider.
  3. If the information provided in the complaint needs to be supplemented, before the complaint is considered, Service Provider shall request the Client submitting the complaint to supplement it.
  4. The Service Provider shall consider the complaint within 14 days from the date of its receipt. In the case of the need to supplement the complaint, the time limit is counted from the date of delivery of the supplemented complaint.
  5. The response to the complaint, including the manner of its consideration, will be sent only to the e-mail address provided by the Client. In particularly justified cases, including at the express request of the Client, the Service Provider sends a response to the complaint to another e-mail address specified by the Client or in writing to the correspondence address specified by the Client.
  6. Within 14 days of the Service Provider’s response to the complaint, the Client indicates whether he accepts the proposal presented for the consideration of the complaint. Failure to meet this deadline by the Client entitles the Service Provider to consider the complaint procedure exhausted and to accept the response given as final.
  7. If the Client does not accept the proposal to consider the complaint referred to in paragraph 9 and the Client gives reasons for such rejection within the period specified therein, the Service Provider shall reconsider the complaint within 7 days. The Service Provider’s response to a complaint after this period is final
  8. A Client who is a Consumer has the right to investigate complaints and pursue claims: through mediation activities of provincial inspectors of trade inspection, before permanent amicable consumer courts at provincial inspectors of trade inspection.
  9. The mediation activities referred to in section 11 are available after the Consumer has submitted an application to the relevant provincial trade inspection inspector or the relevant permanent amicable consumer court.
  10. A Customer who is a Consumer has an additional possibility to use an out-of-court way to pursue claims in the form of filing a complaint via the EU ODR online platform available at:  http://ec.europa.eu/consumers/odr/.

PERSONAL DATA PROTECTION

  1. The Service Provider, as a personal data controller, undertakes to take all necessary technical and organisational measures appropriate to the degree of risk, in order to ensure the security of all data and content provided by the Client in connection with his/her use of the Website.
  2. The Customers’ personal data are processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (RODO) and the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018, item 1000).” A customer who has registered with the Service has the right to view his/her data, to correct it and to request that it is no longer used. The data can be viewed and changed after logging in to the Website, within the individual Account of a given Client or by contacting the Service Provider at the email address hi@forgeofcontent.com.
  3. Detailed rules on the processing of Clients’ personal data are set out in the Privacy Policy available on the Website.

FINAL PROVISION

  1. These Terms of Service shall be effective as of 01.08.2020.
  2. The Customer may terminate the Agreement for use of the Website at any time by deleting the Account, whereby deletion of the Account shall be tantamount to termination of the License Agreement for use of the Digital Publications and loss of access to and use of the Digital Publications.
  3. The Service Provider is entitled to withdraw from the Agreement concluded with the Client for the realization of an Event no later than 7 days before its scheduled date if a sufficient number of Participants does not sign up for a given Event. The Service Provider will immediately notify the Client of this fact by sending the relevant information to the e-mail address provided in the Form. In such a case, the Service Provider shall refund the entire payment received. The provision of par. 12.4-5 shall apply accordingly.
  4. Service Provider reserves the right to amend these Terms and Conditions at any time. This may be caused in particular by legislative changes or changes in the practice of law, development of Internet technologies, changes in the principles of using the Services or the Site.
  5. The following shall not constitute an amendment to these Terms and Conditions: a change of the Service Provider’s contact details contained therein or a change of his details resulting from a change in the legal form of his business.
  6. The Service Provider is also entitled to decide to discontinue or suspend the provision of Services. In such a case, it shall inform Clients by posting relevant information on the Site. Discontinuation or suspension of Services may take place after at least 30 days from the date of posting of the aforementioned information.
  7. These Terms and Conditions do not exclude or limit any rights of a Client who is a Consumer, which he is entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory provisions of law granting rights to Consumers, these provisions shall prevail.
  8. If any of the provisions of these Terms and Conditions is modified or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in force and be binding on the Service Provider and the Client.
  9. Any disputes arising under these Terms and Conditions or the Agreement, which the Parties fail to resolve amicably in the first instance, shall then be settled by a common court with jurisdiction over the Service Provider’s registered office, and in relation to Consumers, by a common court with jurisdiction in accordance with the general rules set out in the Act of 17.11.1964 Code of Civil Procedure.