Terms and Conditions for the Electronic Provision of Services through the earlystage.pl Website
earlystage.pl website, including the terms of using the services provided by the Service Provider on this website.
§ 1 DEFINITIONS
The following terms used in the Terms and Conditions shall have the meaning given to them below:
1) Services Provider – ES EDUCATION BOCHIŃSKA I WSPÓLNICY Spółka komandytowa, hereinafter “Early Stage”, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw, 13th Commercial Division of the National Court Register under the National Court Register (Krajowy Rejestr Sądowy, KRS) number 0000883647, ul. Plac Thomasa Woodrowa Wilsona 4/15, 01–626 Warszawa, Tax Identification Number (Numer Identyfikacji Podatkowej, NIP): 5252852107, National Official Business Register number (Rejestr Gospodarki Narodowej, REGON): 38822625500000, e-mail address: firstname.lastname@example.org.
2) User – a natural person visiting the Website, using the services and features of the Website and concluding a Service Contract with the Service Provider. The above-mentioned services and features may be used either by any User visiting the Website or by Users having specific access rights, including registration at the Website – depending on the type of services and features used by the User.
3) Franchisee – a User who is a legal or natural person and concluded a franchise contract with the Service Provider. The Franchisee may provide the Service Provider with data necessary to verify the User who is a Customer or an Employee, where such Customer or Employee uses such services and features of the Website, access to which is login and password protected.
4) Customer – a User who is a natural person and concluded a language course contract with the Franchisee.
5) Employee – a User who is a natural person and cooperates with the Franchisee.
6) Website – a website intended for Users, maintained by the Service Provider at
earlystage.pl, where, among others, the Contents and features are made available to Users. The Website is public and intended for Users; however, in terms of certain features and services provided via the Website, the Users are required to have specific access rights.
7) Profile – a section (a set of information on the User stored in the Service Provider’s ICT system) available on the Website, where registered Users may access certain Content and features or services of the Website, subject to the terms described in the Terms and Conditions or in separate documents related to those functionalities or services.
8) Login – User’s e-mail address used during the registration process on the Website and used for each Profile visit (for specific features and services that require registration).
9) Password – an alphanumeric sequence necessary for authentication when the User want to access the Profile and specified by the User when creating a Profile (first registration on the Website – for specific features and services that require registration).
10) Terms and Conditions – these Terms and Conditions, drawn up pursuant to Article 8 of the Act on Provision of Services by Electronic Means dated 18 July 2002.
11) Service Contract – a contract concluded between the Service Provider and the User that determines the terms for providing and using the services, Contents and features offered by the Service Provider for the User, including Profile activation and use. The content of the Service Contract is recorded in particular in the form of the Terms and Conditions, which determines the rights and obligations of the User and the Service Provider.
12) Content – text, graphic or multimedia elements, including works as defined by the Act on Copyright and Related Rights, that may be posted and distributed on the Website. Contents may be posted in particular by the Service Provider and the User.
§ 2 USE OF THE SITE AND PROFILE
1. For the User to use of the Website, their end device and ICT system must meet the following minimum technical requirements:
a. latest versions of an Internet browser: (i) for devices with Windows 8.1, Windows 10 operating systems: Google Chrome – Chrome 84, Mozilla Firefox – Firefox 78, Microsoft Edge – Edge 84 Chromium-based engine (81+),Opera – Opera 69, (ii) for Apple devices with Mac OS X operating system: Apple Safari – Safari 13.1, Google Chrome – Chrome 84, Android 6 or above, iOS 12 or above;
b. recommended resolution: 1024 x 768 px for computers and 375 x 667 px for mobile devices
c. moreover, certain features or services, including sending and receiving e-mails, require the User to have an active e-mail account, computer, telephone or other device with Internet access that enables the User to receive e-mails.
Meeting the minimum technical requirements specified above by the User’s end device and ICT system is the condition for using the services and features described in the Terms and Conditions.
2. Using the Website’s services and features, including those detailed in these Terms and Conditions, constitutes acceptance of these Terms and Conditions that are an integral part of the Service Contract concluded by and between the Service Provider and the User.
4. The User is required to keep their password in strict confidence. Passwords may be changed in the Profile settings. The User may have the possibility to recover a forgotten password in a manner specified in the Website features.
§ 3 CONCLUSION OF A SERVICE CONTRACT AND ITS SCOPE
1. The Service Provider provides free of charge services to Users, including but not limited to:
a. sharing Content posted on the Website, in particular relating to the services and goods offered, as well as services offered by third parties, including Franchisees. Content may be filtered by Users with the use of various search engines;
b.providing access to the following features or services that require registration or log-in (and allow access to the Profile) or the use of other access tool; whereas, due to the nature of these features, the Service Provider laid down separate regulation relating to the services offered (such information is always provided to the User before they start using a given feature):
(i) enabling the User to submit a declaration in order to conclude a language course contract with the Franchisee (the rules governing this feature and information on personal data processing can be found
(ii) enabling the User to register, access their Profile in the Early Stage Online service and use specific features of this service (rules for this feature and information on personal data processing can be found
(iii) enabling the User to submit a declaration in order to conclude a camp contract (rules for this feature and information on personal data processing can be found
(iv) enabling Franchisees and Employees to register and access their Profiles in the Backstage service;
(vii) enabling Customers to access the “Parent Panel” feature;
(viii) enabling Franchisees to access the “Franchisee Panel” feature;
(ix) enabling Customers to access the “Project Platform” feature;
(x) enabling Customers to access the “Music App” feature;
(xi) enabling Customers to access the “Lola and Leo App” feature;
(xii) enabling Customers to access the “Bear Band” feature (rules for this feature and information on personal data processing can be found
c.redirection to www.recruiter.pl website, where the User may submit a recruitment/application form in accordance with the terms described on this website;
d.redirection to other websites, the operating and personal data processing rules of which are specified in the documents available on these websites and are not the responsibility of the Service Provider, unless the Service Provider administers these websites;
e.providing Users with information on the Service Provider, Franchisee or other information that may be provided by the Service Provider to Users on the basis of their authorizations, with the use of communication channels selected by Users, including the tools available on the Website;
f.providing contact forms that enable the User to contact the Service Provider or Franchisees;
g.make the functionality of adding comments under the indicated Content available to Users;
h.maintaining the User’s session after they log in to their Profile.
2.The Service Provider shall provide the services mentioned under section 1 above within the scope and subject to the conditions stipulated in the Terms and Conditions.
3. To use the features and services mentioned under section 1(b) above, the User must use their Login and Password and follow instructions displayed on the Website. In some cases, completing an electronic registration form may be required. The User may also be asked to use other access tools. This ensures the security of the Website and all User’s data. The Service Provider shall verify whether the User may access specific features and services that require registration, log-in or other access rights. If verification fails, a message will be displayed for the User informing them about this fact; in such a case the User will not be able to use a service or feature of a given category, including obtaining access to the Profile.
4. A Service Contract is concluded upon the User starting to use these services or upon the successful registration or log-in or the use of another access tool for a given service, depending on the type of the service.
5. The User may have access to more than one Profile via the Website; however, separate documents relating to specific Website features may provide that the User may only have one Profile connected to this feature.
6. A Service Contract is concluded in Polish, for the period of using these services by the User; however, for specific features and services available on the Website, this period may be limited and may last in particular:
a. no longer than the term of the language course contract concluded by and between the Customer and the Franchisee – see section 1.b.(ii) above;
b.no longer than the duration of the cooperation between the Employee and a given Franchisee – see section 1.b.(iv) above;
c.no longer than the term of the franchise contract concluded by and between the Service Provider and the Franchisee – see section 1.b.(iv) above.
7. To ensure proper performance of the Service Contract, the User shall be required, among others, to:
a. immediately update their data, including personal data provided by the User in connection with the Service Contract in case of services and features that require the provision of such data;
b. use the services and features offered by the Service Provider in compliance with the applicable laws, the Terms and Conditions and customs and rules of social conduct applicable in this regard, including not causing inconveniences for other Users and the Service Provider;
c.refrain from providing or sharing any Content, including in particular comments, prohibited by applicable laws. Content inconsistent with the rules of social conduct includes non-substantive materials (that does not relate to the commented Content),privacy-breaching information (e.g. any personal data),materials promoting or advertising services, products or business operations of entities other than the Service Provider or Franchisee as well as links to other websites;
d. abstain from such activities as:
(i) posting any Content, including comments, in violation of the provisions of law (prohibition against posting illegal content) or infringing on the rights of third parties, including intangible property rights, personal rights of third parties or rules of social conduct;
(ii) carrying out IT activities or any activities aimed at obtaining information not intended for the User, including data of other Users;
(iii) modifying Content provided by the Service Provider or another User without being authorized to do so;
(iv) attempting to create another Profile, when a given Website feature allows only for creating one Profile;
(v) abusing the rights granted to the User by the Service provider or provisions of law in a manner inconsistent with its social and commercial purpose or the rules of social conduct.
8. The Service Provider has the right to delete or block Contents posted on the Website by the User, if such Content is in breach of the provisions of law, infringes the rights of third parties, personal rights, rules of social conduct or these Terms and Conditions. The Service Provider shall also block access to Content posted by the User, when they receive an official notice or a valid message that the Content is in violation of the abovementioned rights and regulations. The Service Provider shall inform the User about their intention to delete or block access to Content, by sending them an e-mail to the e-mail address provided by the User.
9. The violation of any provision set forth in section 7 shall be deemed as a gross violation of the Terms and Conditions.
10. The Service Provider shall not be responsible for technical problems or limitations of computer equipment, end devices, ICT system or telecommunications infrastructure used by the User, where such problems or limitations prevent the User from properly using the Website and service offered through the Website.
11. Unless otherwise provided in mandatory laws, the Service Provider shall not be liable for:
a. loss of data by the User caused by force majeure (extraordinary event not related to the party and beyond its control, which could not have been prevented by the party with all due diligence) or circumstances on the part of the User;
b.negative consequences of the User’s failure to log out of the Website/Profile after the end of the session;
c.the consequences of the User using the Website in violation of applicable laws or the Terms and Conditions and damages related to such use;
d.the consequences of an unauthorized person using an e-mail address or data of another person without their consent, when using the Website or during the registration process for specific Website features.
§ 4 TERMINATION OF THE SERVICE CONTRACT
1. The User may at any time terminate the Service Contract with immediate effect, by sending a message to the e-mail address: email@example.com or in another manner chosen by them, provided that it is done in documentary form. The User may withdraw form the Service Contract under the same procedure. Termination of the Service Contract or withdrawal from this contract will also results in losing access rights granted by the User to other parties.
2. The Service Provider may at any time terminate the Service Contract with the User with immediate effect for important reasons defined as either permanent discontinuation of the electronic provisions of services (in whole or in part) by the Service Provider for objective reasons or a gross violation of these Terms and Conditions by the User. The Service Provider shall send their statement to that effect to the e-mail address provided by the User.
3. Termination of:
a.the language course contract concluded by and between the Customer and the Franchisee;
b.cooperation contract concluded by and between the Employee and Franchisee;
c.the franchise contract concluded by and between the Service Provider and the Franchisee;
shall result in an automatic termination of the Service Contract in terms of features and services connected with this contract (including those requiring registration, log-in or another access tool).
§ 5 COMPLAINTS ABOUT SERVICES
1. The User has the right to lodge a complaint about the services provided by the Service Provider at any time. The complaint may be submitted, in particular, in writing or by e-mail to: firstname.lastname@example.org. To speed up the complaints handling procedure, the Service Provider recommends including in the complaint a short justification for the complaint and contact information of the User submitting the complaint. For the avoidance of doubt, all Customer’s comments relating to the performance of the language course contract or Employee’s comments relating to the performance of the cooperation contract are to be directed to the Franchisee as the party to the contract.
2. The User’s complaint shall be resolved by the Service Provider within 30 days from the receipt thereof. The User shall be notified about the Service Provider’s decision in the same form, in which the complaint was submitted.
3. If the User is a consumer or is subject to consumer regulations, they shall have the right to request the permanent consumer arbitration court mentioned under Article 37 of the Trade Inspectorate Act of 15 December 2000 to settle a dispute resulting from the Service Contract. The rules of organization and operation of permanent consumer arbitration courts are set forth in the Regulation of the Minister of Justice of 6 July 2017 on the determination of the rules of organization and operation of permanent consumer arbitration courts at the Voivodeship Inspectorates of Trade Inspection.
4. Pursuant to Article 36 of the Trade Inspectorate Act of 15 December 2000, if the User is a consumer or is subject to consumer regulations, they have the right to request the Voivodeship Trade Inspection Inspector to initiate the alternative dispute resolution proceedings to settle a dispute between the User and Service Provider in accordance with the rules set forth in the Regulation of the President of the Council of Ministers of 17 May 2017 on the rules of organization and operation of Trade Inspectorate in terms of alternative resolution of consumer disputes.
§ 6 COPYRIGHT
1. The exclusive rights to Content shared/posted on the Website by the Service Provider and their counterparties, including but not limited to copyrights, graphic elements, software and rights to data bases, are legally protected and are the property of the Service Provider or entities that concluded appropriate agreements with the Service Provider. The User has the right to use the abovementioned Content only for the purposes of permitted personal use. The use of Content for other purposes is permitted only with the explicit prior consent granted by the authorized entity in writing, otherwise being null and void, and within the boundaries of commonly applicable legal provisions.
2. If any Content, including in particular comments, is posted on the Website by the User, the User must have the right to post such Content, in particular the right to share the Content with an unlimited number of people. The User shall grant to the Service Provider a non-exclusive and gratuitous license, including the right to sublicense, for using the Content posted on the Website in accordance with the provisions of this section set forth below.
3.The license mentioned under paragraph 2 above includes the use of Website Content by the Service Provider (in whole or in part),in particular by storing such Content in the Service Provider’s IT system, for an indefinite period of time. The Service Provider has the right to permanent or temporary reproduction of Content by any technique (e.g. printing or digital) and its distribution, including trading, granting or renting its copies as well as public performance, display, recreation, broadcasting, re-broadcasting and sharing Content in location and time selected by recipients, including in particular for the purposes of marketing of the Service Provider and their services and goods.
4. Exercising their rights specified in paragraph 2 and 3 above, the Services Provider shall respect moral rights of Users posting Content on the Website, including in particular by providing information on the author of Content, i.e. their full name or username.
§ 7 MODIFICATIONS TO THE TERMS AND CONDITIONS
1. The Services Provider reserves the right to modify the Terms and Conditions for the following important reasons:
a. amendment of provisions of law governing the electronic provision of services by the Service Provider that impacts the mutual rights and duties specified in the Service Contract;
b. the need to adjust the Service Provider's operations to orders, judgements, decisions and guidelines resulting from:
- the decision of the authority competent for the Service Provider’s operation that impacts the mutual rights and duties specified in the Service Contract; or
- court judgment applicable to the Service Provider’s operation that impacts the mutual rights and duties specified in the Service Contract;
c. change in the manner of providing services by electronic means by the Service Provider, to the extent it results from technical or technological reasons (including in particular the technical requirements update);
d. change in the scope or terms for providing services by the Service Provider subject to the Terms and Conditions, consisting in the introduction of a new feature or services or modifying or removing existing features or services subject to the Terms and Conditions and offered to the User.
2. Should the Terms and Conditions be modified on the terms specified above, Users shall have the right to terminate the Service Contract within 14 days from receiving notice of the modification of the Terms and Conditions with due advance.
3. Should the Terms and Conditions be modified, the Services Provider shall make available a uniform text of the Terms and Conditions by publishing it on the Website and – in the case of changes to services and features that require registration, log-in or the use of other access tool and the provision of User’s e-mail address to the Services Provider – sending a message with a link to the Website with the Terms and Conditions to the e-mail address provided by the User.
§ 8 FINAL PROVISIONS
The Terms and Conditions are available to the Users free of charge at
earlystage.pl, where the Users may review, print or download the Terms and Conditions (in PDF format) at any time.