1. Description of Service – These terms of services (“Terms”) are applicable to all users of an online media services, content distribution service and the social media services through this website (“User”) located under https://elabedu.eu & https://studiazagranica.study and related domains, sub domains, mobile and desktop applications (individually and collectively the “Website”). These Terms govern your use of Elab Education Laboratory, a limited liability limited partnership with its registered office in Warsaw, 02-014 Warszawa, ul. Nowogrodzka 68, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register, under the number KRS: 0000696577, NIP 7010719386, Regon 368437418 (“Elab”) educational services, including all functionalities, features, both audio and visual, written media, PDF, Website links and user interfaces (“Services”), and all content and software associated with the Services as provided by the Company.
2. Changes to Terms – Elab shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms without notice or liability to the User. Any changes to these Terms shall be effective immediately following the posting of such changes on the Website. The User commits to review the current Terms and accepts that any subsequent use by the User of the Website following changes to these Terms shall constitute his/hers acceptance of all such changes.
3. Access and use of Service – Users accessing the Website must be at least thirteen (13) years of age. Users registering on the Website in order to purchase the Services must be at least eighteen (18) years of age. Elab makes no claims that the Website may be lawfully accessed in all locations. With that in mind, access to the Website may not be legal by certain persons or in certain countries, or may require authorization or registration. By accessing the Website the User is solely responsible for compliance with the laws and regulations of the country in which he/she uses the Website.
4. Users Conduct – The Website may be used only for lawful purposes relating to Services and related materials. Elab specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by Elab. All Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, accessing data not intended for such user or logging into a server or account which the user is not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, scraping or harvesting data or the use of robots to skew payouts or fraud transactions. Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Elab will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
6. Username/Password/Security – Each User is responsible for maintaining the confidentiality of his/hers information as it relates to the Website, including Users’ username and password, and are responsible for all uses of his/hers username and password whether or not authorised by the User. In the event of sharing the device used by the User to enter the Website, it is important to always log out from the Website so no other individual will have access to the Users content. The User will immediately notify Elab of any unauthorised use of his/hers username and password.
7. Access to Website – subscriptions & purchases – The Website may allow you to access digital content on a pay per view basis, subscription basis, rent, or purchases. The basis on which digital content is available on the Website will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees Elab grants the User a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and licence for the use of content that is the intellectual property of Elab.
8. Rules for the use of the Services – Upon payment by the User to Elab of the fee for a given selected Service, the User enters into an agreement with Elab for the provision of services on the terms and conditions set out on the sub-page of the service concerned and for the price indicated therein and on these Conditions (“Agreement“), the User thereby becomes a customer of Elab (“Customer“) and agrees to the following provisions of the Terms. The Customer undertakes to indicate the person in whose favour Elab is to perform the purchased service (“Applicant“). During the performance the Agreement, the Applicant is entitled to individual consultations carried out by a consultant, employee or subcontractor of Elab, (“Consultant“), which are limited to the number indicated on the sub-page on the Website of the given service and will only be carried out during the working hours of the Consultant concerned from Monday to Friday, excluding public holidays, during the designated working hours of the Consultant concerned. Accordingly, any correspondence received from a Client or Applicant on Saturdays, Sundays and public holidays will be answered by the Consultant on the nearest working day. Elab will send to the Applicant’s e mail address, immediately upon commencement of the services, the personalities of the designated Consultant, responsible for the correct execution of the services and for providing consultations, as well as for maintaining ongoing contact with the Client and/or the Applicant, indicating at the same time the Consultant’s email address, business telephone and working hours. The service(s) purchased will be provided by Elab by telephone as well as electronically through email, instant messenger, and other communication applications. The use of the aforementioned hours by the Applicant will take place at times agreed between that person and the Consultant. These appointments may only be cancelled or rescheduled by the Applicant with at least 48 hours’ notice under penalty of the appointment being deemed to have been taken and deducted from the available hours.
9. Withdrawal from a Agreement concluded at a distance – The Customer may, within 14 days from the date of conclusion of the Agreement, withdraw from it without giving any reason, by submitting by email to Elab a written statement of withdrawal from the Agreement using the following template: “I declare that, pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827), I withdraw from the Service Agreement. of ………… (indicate the date on which the Service was purchased)”. The withdrawal must also include the Customer’s address details, including the User’s email used to make the purchase. In the event that the Customer does not use the above-mentioned template, the written declaration of withdrawal from the Agreement shall be effective only if it contains all the data specified above and if it clearly indicates the Customer’s will to withdraw from the Agreement in this manner. This declaration may be submitted before the expiry of the deadline indicated above to the e-mail address firstname.lastname@example.org. If the Customer exercises his/her/their right of withdrawal, Elab shall reimburse to the Customer the payments received in connection with the Agreement, other than those relating to the performance provided until the withdrawal, without delay and in any event not later than 14 days from the day on which he/she/their is effectively informed of the decision to exercise his/her/their right of withdrawal. Reimbursement will be made using the same means of payment as those used by the Customer in the original transaction. The Customer expressly requests Elab to commence performance of the Agreement before the expiry of the withdrawal period, the Customer shall be obliged to pay for that part of the Agreement which Elab has performed up to the time of withdrawal. In this situation, the amount due to Elab shall be calculated in proportion to the extent of the performance performed, taking into account the agreed remuneration.
10. Complaints – a complaint regarding non-performance or inadequate performance of a part or all of the Agreement is submitted in the form of an electronic message sent to the following address: email@example.com. The email should contain the subject of the complaint and circumstances justifying the possible claim. Elab is obliged to respond to the Customer’s complaint within 21 days of its proper receipt. Elab will send the response to the complaint to the Customer by e-mail to the Customer’s address used to purchase the service. In the event that Elab fails to respond to a complaint from a Customer who is a consumer, within the meaning of Art. 221 of the Civil Code, within the deadline, it is deemed to have accepted the complaint. Elab, fulfilling its obligation to provide information, hereby informs the Customer who is a consumer of the possibility to use out-of-court ways of handling complaints and pursuing claims. In particular, the Customer is entitled to obtain free assistance in resolving a dispute between the Customer and Elab, using also the free assistance of a district (or municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Detailed information on the Customer’s possibility to use out-of-court complaint and claim procedures and the rules of access to these procedures are available on the websites and in the offices of the above-mentioned authorities and organisations.
11. Intellectual Property – Elabs name and any other Elabs trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Elab, and any unauthorised use of such trademarks and trade names is prohibited. The Website (including without limitation all programs, compiled binaries, interface layout, interface text, documentation, resources and graphics) is the sole and exclusive property of Elab and is protected by copyright, trademark, and other intellectual property common and statutory laws of the Republic of Poland and other countries. You agree that Elab owns and retains all rights to the Website and that its content is solely owned and controlled by the content provider and all such material are protected and copyrighted, trademarked and protected by copyright, trademark, and other intellectual property common and statutory laws of the Republic of Poland and other countries. You may not sell or modify the Websites content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way in the above mentioned objectives.
12. Social Networking – Users may have the option to Twitter, Facebook or other social networking services through the Website to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all of the Terms and the terms and conditions of the social networking services they decided to use for sharing the links and materials.
13. Communications – By using the Website you consent to receive electronic communications from Elab. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Website and to your account.
14. Additional Terms and Conditions – These Terms shall be governed by and construed in accordance with the laws of the Republic of Poland applicable therein. The User irrevocably consents to the exclusive jurisdiction of the courts located in the Republic of Poland in connection with any action arising out of or related to these Terms. If any court having competent jurisdiction holds any provision of this Terms invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms shall continue in full force and effect. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorised representative. You may not assign these Terms or any of your rights or obligations hereunder. Except as expressly specified herein, this Terms shall create rights and obligations only between Elab and each individual User and it does not create any rights for any other parties. This Terms has been drawn up in a Polish and an English language version. In the event of any discrepancies between the Polish and English language versions, the binding version shall be the Polish version.