Terms and conditions

These terms and conditions (hereinafter: “Terms and Conditions”) set out the terms, conditions and scope of use of the website operating at www. english4tutors.com , also available on mobile devices with iOS or Android operating systems.

The owner, administrator and operator of the Service is Łukasz Różyński who conducts business activity under the name Łukasz Różyński, registered in the Central Register of Business Activity and Information of the Republic of Poland, maintained by the minister responsible for economy, with the following address: 7 Jana Karola Chodkiewicza street, premises 43, 02-593 Warszawa.

Definitions:

Definitions used in these Terms and Conditions shall mean:

ACCOUNT – Electronic Service, a set of resources and functionalities available in the Service Provider’s ICT system, marked with an individual electronic mail address (e-mail address) and with a password provided by the User, in which data provided by the User and information about his/her activities on the Website are collected.

AGREEMENT – an agreement for the provision of services, as defined by the Civil Code, concluded outside the Website between the Customer and the Service Provider, based on an Inquiry made by the Customer or in the form of an email exchange.

BLOG – an Electronic Service, an online blog available on the Website and maintained by the Service Provider for visitors to the Website

CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).

CONDITIONS OF USE – these terms and conditions of the Website.

CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended).

CONTACT FORM – an Electronic Service, an interactive form available on the Website that enables the Service Provider to be contacted and to send an enquiry to the Service Provider.

COPYRIGHT – Copyright and Related Rights Act of 4 February 1994 (Journal of Laws No. 24, item 83 as amended).

CUSTOMER, USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which legal capacity is granted by law – using or intending to use an Electronic Service or who has concluded or intends to conclude a Sales Agreement with the Service Provider and accepting the Terms and Conditions.

ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the User via the Website in accordance with the Terms and Conditions.

NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Users using it to automatically receive from the Service Provider the cyclical content of successive editions of the Newsletter containing, inter alia, information on new developments on the Website, promotional materials, etc.

PERSONAL DATA – shall mean any information relating to an identified or identifiable natural person, in accordance with Article 4(1) of the RODO.

PRODUCT – a movable item, digital content or service available on the Website that is the subject of a Sales Agreement between the Customer and the Seller. 

REGISTRATION FORM – a form available on the Website enabling the creation of an Account.

SERVICE PROVIDER, SELLER – Łukasz Różyński, registered in the Central Register of Business Activity and Information of the Republic of Poland, maintained by the minister responsible for economy, with the following address: 7 Jana Karola Chodkiewicza street, premises 43, 02-593 Warszawa. You can contact Service Provider using the e-mail address: hello@english4tutors.com.

SERVICES – both paid and free services consisting in making available to Users, under a licence granted, ready-made educational materials, lesson plans and other materials, including videos for teaching the subjects listed on the website at home, in educational institutions or as part of tutoring sessions.

TERMS OF USE OF THE WEBSITE

1. The User using the Website is obliged to use it in accordance with the provisions of these Terms and Conditions, applicable regulations and in compliance with good morals and personal rights of others.
2. The User is obliged to use the Website in a way that is not inconvenient for other Clients and Service Provider.
3. It is forbidden for the User to provide unlawful content and to act in the way of sending or posting unsolicited commercial information on the Website (spam), carrying out any commercial, advertising or promotional activities on the Website. 
4. It is forbidden for the User to use the Website in a manner disrupting its functioning, in particular through the use of certain devices or software.
5. The Service Provider is entitled to exclusive copyrights, the right to the content placed on the Website.
6. The User is obliged to use the Website:
   1. in a manner consistent with applicable law, these Terms and Conditions and the rules and regulations of the servers where the Website is made available,
   2. in a manner consistent with the principles of social co-existence, including the general rules of using the Internet and mobile applications, 
   3. in a manner not disruptive to its operation,
   4. in a manner not disruptive to other Users and the operator of the Internet access service,
   5. with respect to personal rights of third parties (including the right to privacy) and any other rights to which they are entitled.
7. The User is obliged to use all information and materials made available via the Website only within the scope of permitted use.
8. The User uses the Website voluntarily, at his/her own risk, and should ensure that the Website is able to function correctly insofar as it depends on the User.
9. The use of the Website using false data or impersonating a third party is prohibited by law, under pain of civil and criminal liability.
10. The User is obliged to notify the Service Provider immediately of any infringement of rights in connection with the use of the Website.
11. In the event that the User is found to be engaging in any activity prohibited by law or the Terms & Conditions, or violating the rules of social co-existence, or harming the justified interest of the User legitimate interest, the Service Provider may take any action provided for by law, including restricting the User’s ability to use the Website and the Services provided.
12. The use of the Website:
    1. is possible after giving all the necessary consents, indicated as essential for the use of the Website or the Services offered by the Website. Failure to provide the aforementioned consents you may not use the Website or any of its Services.
    2. signifies acceptance of the content of these Terms and Conditions by the User. In the event that the User does not accept these Terms and Conditions, the use of the Website shall be discontinued. 
13. Terms & Conditions means that the User has familiarised himself/herself with its content, understands it and will apply it. It also means that the User undertakes to provide only true personal data and information and that he/she undertakes to pay the required fee.
14. Acceptance of the Terms and Conditions is voluntary, but necessary to place an order or create an Account.
15. By using the website and services, the User acknowledges that he/she has read, understood, and agrees to be bound by these Terms and Conditions, including the website privacy policy, and any additional terms or future modifications described herein. 
16. By accepting the Terms and Conditions, the User enters into an agreement with Service Provider for the provision of services electronically using the Website for an indefinite period of time and to the extent and under the conditions specified in the Terms & Conditions.

Account

Access to the Services offered by Service Provider takes place via the Website and requires prior registration on the Website, in the case of Services available after payment – additionally by placing a paid order.

Registration on the Website and providing free Services are for an indefinite period of time.

Service Provider distinguishes 3 types of accounts on the Website:

free – default form of User account, available immediately after registration, allows access to only a small part of the materials available on our portal, 100% free of charge,

paid – a form of account requiring the purchase of a subscription in one of the variants indicated on the Website, entitling to use all the materials available on the Website,

corporate – identical to the paid form, however, it additionally allows to connect more users with separate logins and passwords – additionally in case of the corporate form, its price is determined by individual negotiations with the Service Provider.

Registration on the Website is based on a correctly filled in registration form. Within it, the Service Provider will oblige the User to provide the necessary identification data (such as name or surname), e-mail address, password and some other data indicated in the description of the form fields. In addition, the Service Provider will ask the User to accept the provisions of these Terms and Conditions and to declare the consent to the processing of personal data to the extent necessary for the proper operation of created account, completion and processing of orders placed through the Account, as well as for the proper performance of electronic services and other interactions with the Website.

The provision of data marked as mandatory is voluntary, however, it is necessary in order to set up an Account. Upon finishing the registration the User shall receive an onscreen announcement of successful registration. Upon receiving such announcement, an account agreement will be concluded. Logging in will be done using the details provided on the registration form or subsequently amended at your request.

Registration can also take place using the associated Facebook and Google accounts. To register in this way, please select and click the appropriate button within the registration form and follow the instructions of the provider of the registration method. 

An account registered in this way may not be made available to third parties.

The User is entitled to request the deletion of the account, at any time. To do so, he/she should contact Service Provider by e-mail at hello@english4tutors.com Service Provider deletes the Account immediately after receiving the request, which means termination by the User of the agreement for provision of services electronically, the subject of which is maintaining the User’s Account.

The User may be deprived of the Account or Service Provider may restrict its access to the resources of the Website, immediately, if the User violates the Terms and Conditions in particular, if the User has provided false data during registration or when placing an order, or infringing the rights of third parties, or has behaved in a manner contrary to the law or the generally accepted rules of social co-existence, in particular violated the good name of other Users or the Service, has used the Website in a way that disturbs its functioning, has sent false data or has infringed the rights of third parties has sent or posted unsolicited commercial information (spam) on the Website.

The Service Provider may terminate the Service Agreement with the User at any time at one month’s notice for important reasons, understood as: discontinuation of the Service or Website; change in the manner of service provision; due to technical or technological reasons, which make it impossible for the Service Provider to provide Services; as well as due to a change in the legal provisions regulating the provision of services by electronic means. A notice of termination of the agreement for the provision of the Account’s is sent by electronic mail to the electronic mail address (e-mail address).

Subscription

Some of the material on our site is available to you free of charge after registration as a User on the Website, but much of it is available only on appropriate subscription. The Service Provider will provide the User with full details of what User will receive as part of each subscription, the period for which the subscription will run and the price depending on the package, before placing an order on the Website. The pricing is also available here: https://english4tutors.com/pricing/

Paid Services will give the User access to a wider range of services and materials. A detailed description of what the User will gain in relation the services he/she will receive depending on his/hers choice of subscription type is available on the website – https://english4tutors.com/pricing/.The duration of the subscription depends on the period for which the User has subscribed to use them.

Upon expiry of the period for which you have purchased a paid service, the licence agreement and the access to the content available on our site will terminate without any further notice to the User. However, this does not exclude your right to enter into new agreements or to renew existing agreements under the terms and conditions set out in these Terms and Conditions.

The aforementioned contracts are concluded for an indefinite period of time in the case of contracts covering free services and for a fixed period of time in the case of contracts covering paid access to the resources of the service, with their duration depending on the period for which the subscription was purchased.

Upon expiry of the period for which the paid service was purchased, the licence and access to the paid content shall automatically expire, and the account shall retain access to the free content. The above does not exclude the right of the user to conclude new agreements or to extend existing agreements under the terms and conditions specified in these Terms and Conditions.

The purchase of a subscription entitles the User to use the material covered by it only for as long as the subscription is active.

The User may cancel the subscription through the Account settings page. In this case, access to the paid part of the materials on the Website will be disabled after the expiry of the purchased period, and the subscription will not be renewed. 

In such a case, the User will not receive a refund of the fees already paid for the current subscription period and he/she will be able to access the materials in the portal until the end of the current subscription period. Access to free materials will continue regardless of subscription.

The Service Provider is entitled to change the functionalities of the Website at any time, as well as to extend or limit them. The User acknowledges that the Website is a system subject to a process of technical and technological development, and the Service Provider strives to its continuous and systematic improvement, which involves making updates and changes to it. The Service Provider reserves the right to change the subscription fees and the duration of subscription packages at any time. For example, by moving certain lesson from free category to paid one. Any changes to the subscription fees or the duration of the subscription will take effect at the end of the current subscription period, on notice of termination. If the User does not agree with this increase in fees, he/she may cancel subscription in accordance with the Terms and Conditions.

The Service Provider undertakes to provide the User with reasonable 14 days’ notice of any change in subscription fees to give the User the opportunity to terminate his/her subscription before such a change comes into force. Termination of subscription can be made for example through sending us an email provided at the beginning of this document.

We reserve the right to inform our registered customers no more frequently than twice per week about lessons on our portal through an email message. The above does not legally constitute marketing content, by registering to our portal you acknowledge and agree to receiving such information. However, you have a right and ability to unsubscribe from receiving those emails by clicking in the unsubscribe link provided at the end of such email. Above emails shall be handled by Mailchimp provided by The Rocket Science Group LLC (with its registered office at: 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, Georgia 30308). To that extent you consent for the processing of your personal information upon registering at our portal.

Responsibility

The Service Provider is entitled to change the functionalities of the Website at any time, as well as to their extension or narrowing down. In particular with regard to the transfer and addition of material for paid or free access (including the transfer of free material to paid access at its own discretion).

The Service Provider provides continuous access to the Website, but reserves the right to apply interruptions or limitations in the functionality of the Website due to technical reasons. Technical limitations or interruptions may also occur in the systems/applications used by the Website, which may result in the temporary unavailability of certain offers or in the lack of possibility of purchasing a subscription or logging in. The Service Provider will make every effort to ensure that limitations in using the Website or technical interruptions last as short as possible.

The Service Provider shall not be liable for any limitations or technical interruptions in the ICT systems used by the User that prevents or restricts the Users from or limit Users’ use of the Website.

The Service Provider is not liable for any damages incurred by the User as a result of using the Website in a way inconsistent with the purpose and provisions of the Terms of Service.

The Service Provider is not liable for any loss or damage incurred by the User or any third party as a result of the use of the Website.

Access to external resources

In order to provide the best and most interesting range of lesson material, we use third party services, in particular YouTube, Vimeo, TED Talk, as well as Google services, including Google Slides. We do not guarantee that these will always be available and we are not responsible for non-availability of third-party services, interruptions in their provision, loss of data caused by the use of third-party services. If embedded or linked videos are damaged, we will replace broken links where possible.

The terms and conditions of any resources made available by third parties, including those relating to the possible assignment of content rights, shall be governed by the rules of those parties or, in the absence thereof, by the applicable law.

Our website may also contain links to third party websites or services or embedded media that are not owned or controlled by us.

We recommend that you read the terms and conditions and privacy policies of any third party websites or services you visit.

Payments

The User is obliged to pay for the Service ordered in advance.

The Website provides for the following forms of payment:

a. PayPal

b. Stripe.

Performance of the Service will commence upon receipt by the Service Provider of full payment or – in the case of payments handled by the payment provider – after such payment provider has confirmed the correct execution of the full payment.

Withdrawal and returns

The right of withdrawal from a distance contract concluded by the Consumer and the Entrepreneur on the Consumer’s rights is excluded in the cases specified in Article 38 of the Act of 30 May 2014 on consumer rights, in particular the right to withdraw from a contract concluded off business premises or at a distance is not available to the consumer/entrepreneur on the consumer’s rights with regard to service contracts, if the entrepreneur has performed the service with the consumer’s/trader’s express consent, who has been informed before the performance begins that after the trader has provided the service the trader will lose the right of withdrawal. By using our services and registering on our portal, you declare that you acknowledge and agree to the above.

Copyright, licence and its types

All materials published on our portal are our property (we act as a Licensor) within the meaning of the Act on Copyright and Related Rights, and to this extent are the subject of exclusive protection. Most notably the trademark “English4Tutors” is registered at European Union Intellectual Property Office (EUIPO) under the number 018609861 and as such is a subject to legal protection. 

As Licensor, we hereby declare that:

your (the Licensee’s) use of all resources on our portal does not infringe upon the rights of any third party;

we have the exclusive and unrestricted economic copyright on all the material on the portal – third party material is clearly identified;

we may dispose of the copyright in all of the content on the site to the extent necessary to enter into and perform the licence agreements set out in this clause of Terms and Conditions.

Upon correct registration on our portal and acceptance of these Terms and Conditions, in relation to the free materials, we, as Licensor, grant the Licensee an indefinite, non-exclusive licence to use the resources of our portal through the ability to share the Google Slides materials and download, print and share the PDF materials in order to use them for individual educational exercises at home and/or in the quantity corresponding to a given group and to use them for teaching purposes.

Upon correct registration on our website, acceptance of these Terms and Conditions and payment of the chosen subscription, with regard to paid materials made available on our portal, the Licensor grants the Licensee, for a limited period of time dependent on the period for which the subscription was purchased, a non-exclusive license to use the resources published on the portal in such a way that the Licensee has the possibility to use them for conducting individual educational exercises or using them for the purpose of teaching. The subscription automatically renews via the payment method provided until cancelled. In the case the subscription is cancelled the account will retain access to the premium content for the time period already paid for.

Upon expiry of the subscription described above, the licence agreement will expire and the account will be limited to the scope of the free materials. At that time, the Licensee will no longer have the right to use the resources available on our portal, covered by the subscription. This does not prevent the user from buying another subscription package or extending the previous one.

The licence in each case is personal to the user and may not be assigned, transferred or sub-licensed to another person. Without limiting the generality of the foregoing, the authorised user shall not be entitled to use the material contained in our portal for commercial purposes or to copy it for his or any other person’s website.

In the event of a breach of the conditions of the licence granted, we shall be entitled to withdraw from the contract entered into by the parties without setting an additional period of time by submitting a written statement to this effect via e-mail.

Complaint conditions

All complaints and claims in connection with the conclusion of the licence agreement and for access to our services and the use of our portal should be sent by e-mail to hello@english4tutors.com.

Upon receipt of your complaint, we will respond to it within 14 days in the same manner in which we received it. If we do not respond to your complaint within 14 days of receiving it, it means that we have accepted it in full.

If a dispute arises between us and a consumer user as to whether a claim has been rejected, you have the right to make use of out-of-court complaint and redress procedures. You may use mediation or arbitration by providing the institution before which the proceedings will take place with an appropriate form – a request for mediation or a request for arbitration. A list of sample institutions together with their contact details is available at www.uokik.gov.pl. 

Furthermore, at http://ec.europa.eu/consumers/odr you have access to the electronic resolution of consumer disputes through the EU online platform (ODR platform).

Final provisions

The right to use the Portal in the subscription part is granted only to the person who registered, concluded a licence agreement and an agreement on access to the services provided by us and paid the subscription fee. Otherwise, a user who has registered on our portal will only have access to free materials.

In the event of any violation of these Terms and Conditions, we reserve the right to block your access to the services provided by us and request you to remove the violations. In case you fail to remove the violations within the time limit set by us or should similar violations arise in the future, we reserve the right to terminate the contract for the provision of services with immediate effect, without setting a new deadline for their removal.

If you have any queries regarding the use of our services, please email hello@english4tutors.com.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Poland. These Terms do not limit any consumer rights to protection that you may have under mandatory provisions of law in your country of residence. Any disputes arising between us and the users will be settled by the court having jurisdiction over our registered office, provided that, in relation to consumers, such disputes will be settled by the court having jurisdiction under the rules of civil procedure.

We reserve the right to change the Terms and Conditions. We will notify registered users of such change by email with the right to terminate the contract within 14 days. Amendments to the Terms and Conditions shall come into force 14 days after the notification. Contracts concluded before the effective date of amendments to these Terms and Conditions shall be governed by the provisions applicable on the date of conclusion of such contracts.