Terms and Conditions
www.thesmartsplit.com
§1. General provisions
These Terms and Conditions set out the rules for using the online service available at www.thesmartsplit.com, including the conditions for concluding agreements for access to digital content, the rules for providing electronic services, as well as the rights and obligations of users.
The Service is operated by Joanna Kubica, hereinafter referred to as the “Service Provider” or the “Seller”.
These Terms and Conditions are made available free of charge via the Service in a form that allows them to be downloaded, saved and reproduced.
Each user who undertakes actions aimed at using the Service, including in particular creating a user account, subscribing to the newsletter or purchasing digital content, is obliged to read and accept these Terms and Conditions.
In matters not regulated by these Terms and Conditions, the provisions of generally applicable Polish law shall apply, in particular:
the Act of 18 July 2002 on the provision of electronic services,
the Act of 30 May 2014 on consumer rights,
the Civil Code.
§2. Definitions
Terms and Conditions – these Terms and Conditions of the Service.
Service – the online service operated at www.thesmartsplit.com.
User – any natural person using the Service, including in particular a person browsing content, holding a User Account or making a purchase.
User Account – an individual account created within the Service, enabling access to digital content and functionalities available after logging in.
Digital Content – materials made available in the Service in digital form, in particular online courses, training materials, video recordings, PDF files or other educational content, access to which is granted for a specified period of time.
Agreement – an agreement concluded between the User and the Service Provider under the terms set out in these Terms and Conditions, concerning the provision of electronic services or access to Digital Content.
§3. Type and scope of digital content offered
Through the Service, the Service Provider offers access to digital content of an educational nature, in particular online courses, training materials, video recordings, text files and other materials made available in electronic form.
A detailed description of the given digital content, including its subject scope, duration of access and any technical requirements, is provided each time in the description of the relevant offer available in the Service.
Access to digital content is time-limited, in accordance with the information provided for the given offer, and is granted for a specified period starting from the moment the User gains access.
The Service Provider reserves the right to update, modify or expand digital content during the access period, provided that this does not violate the essence of the service provided to the User.
Digital content is made available exclusively for the User’s personal use and may not be shared with third parties, unless expressly stated otherwise.
§4. User Account
The use of certain functionalities of the Service, in particular access to digital content, may require the creation of a User Account.
A User Account may be created in the manner specified in the Service, in particular through independent registration by the User or automatically in connection with the purchase of digital content.
The User is obliged to provide data that is accurate and up to date and to update such data in the event of any changes.
The User is obliged to keep their login credentials for the User Account confidential and not to disclose them to third parties.
The Service Provider has the right to block or delete a User Account in the event of a violation of these Terms and Conditions, applicable laws or the rules of using the Service, after prior notice to the User requesting cessation of the violation, unless the nature of the violation justifies immediate action.
§5. Rules for concluding agreements and placing orders
The conclusion of an agreement between the User and the Service Provider takes place via the Service after the User places an order for selected digital content.
Information presented in the Service, in particular descriptions of digital content and prices, does not constitute an offer within the meaning of the Civil Code, but an invitation to conclude an agreement.
Placing an order requires completing the actions indicated in the Service, in particular selecting digital content, completing the order form and accepting these Terms and Conditions.
A prerequisite for placing an order is familiarisation with and acceptance of these Terms and Conditions, as well as familiarisation with information concerning the digital content, including access rules and the lack of the right to withdraw from the agreement in cases provided for by law.
After placing an order, the User receives confirmation of the order by electronic means to the e-mail address provided in the order form.
The agreement between the User and the Service Provider is concluded upon confirmation of acceptance of the order by the Service Provider, under the terms set out in these Terms and Conditions and the description of the given digital content.
§6. Payments
Access to digital content made available in the Service is paid, unless otherwise stated in the description of a given offer.
Prices of digital content are provided in Polish zloty and are gross prices, including all taxes required by law.
The Service Provider provides Users with payment methods available in the Service, in particular electronic payments or other forms of payment indicated during the ordering process.
Payment for digital content is made in advance, prior to obtaining access to the purchased content, unless expressly stated otherwise.
Failure to record payment may result in a lack of access to digital content or a delay in obtaining such access.
The Service Provider reserves the right to introduce temporary promotions, discounts or special offers, under the terms specified each time in the Service.
§7. Access to digital content
Access to purchased digital content is granted to the User after successful payment, in accordance with the information provided in the Service.
Access to digital content is provided via the User Account or in another manner indicated in the Service, enabling the User to use the content in accordance with its intended purpose.
Access to digital content is time-limited and granted for the period indicated in the description of the given offer, calculated from the moment the User gains access.
After the expiry of the access period referred to in section 3, the User loses the ability to use the digital content, unless the offer provides otherwise.
The User is obliged to use digital content in accordance with these Terms and Conditions, applicable laws and principles of social coexistence.
The Service Provider makes efforts to ensure uninterrupted access to digital content, subject to technical breaks, maintenance work or events beyond the Service Provider’s control.
§8. Right of withdrawal – digital content
The Consumer is not entitled to withdraw from a distance agreement if the subject of the agreement is the supply of digital content not delivered on a tangible medium, where the performance of the service has begun with the Consumer’s express consent before the expiry of the withdrawal period and after the Consumer has been informed of the loss of the right of withdrawal, in accordance with Article 38(13) of the Act on Consumer Rights.
The consent referred to in section 1 is given during the ordering process by selecting the appropriate checkbox prior to finalising the purchase.
Upon obtaining access to digital content, the performance of the service to the User is deemed to have commenced.
In cases where the right of withdrawal does not apply, the User is not entitled to a refund of the price paid.
§9. Complaints regarding digital content and electronic services
The User has the right to submit a complaint in the event of non-compliance of digital content with the agreement or technical issues preventing use of the Service.
Complaints may be submitted electronically to the e-mail address indicated by the Service Provider.
The complaint submission should include at least:
data enabling identification of the User,
a description of the issue or non-compliance,
the date of occurrence of the issue,
contact details necessary for communication.
The Service Provider shall consider the complaint within 14 days from the date of receipt and provide a response electronically to the User’s e-mail address.
Complaints regarding digital content do not cover the User’s subjective expectations regarding educational outcomes, in particular results achieved through the use of the provided content.
If a complaint is upheld, the Service Provider shall take appropriate actions to restore access to digital content, remedy technical irregularities or provide another legally compliant solution.
§10. Newsletter
The User may voluntarily subscribe to the free newsletter offered via the Service.
The newsletter consists of sending electronic messages containing educational and marketing information, as well as information about products, services and updates related to the Service Provider’s activities.
Subscription to the newsletter takes place by completing the appropriate form available in the Service and granting consent to receive messages.
The User may unsubscribe from the newsletter at any time, in particular by using the unsubscribe link available in each e-mail message or by contacting the Service Provider.
Unsubscribing from the newsletter does not affect the ability to use the Service or access purchased digital content.
§11. Copyright and rules of content use
All digital content made available in the Service, in particular educational materials, video recordings, text files, graphics and other elements, constitute works protected by copyright and are owned by the Service Provider or used under appropriate licences.
The User gains access to digital content solely for personal use, within the scope resulting from these Terms and Conditions and the description of the given offer.
In particular, it is prohibited to:
copy, distribute, share or resell digital content to third parties;
publicly display or publish content without the Service Provider’s consent;
use digital content for commercial or training purposes without prior consent of the Service Provider.
Violation of the rules referred to in this section may result in restriction or removal of access to digital content and the Service Provider taking appropriate legal actions.
§12. Final provisions
These Terms and Conditions enter into force on the date of their publication in the Service.
The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, in particular in the event of changes in legal regulations, expansion or modification of the Service’s functionality or the scope of offered digital content.
Users will be informed of changes to the Terms and Conditions via the Service or electronically, with appropriate advance notice.
Polish law shall apply to agreements concluded on the basis of these Terms and Conditions.
These Terms and Conditions do not affect mandatory consumer rights applicable under the laws of the user’s country of residence.
If any provision of these Terms and Conditions is found to be invalid or ineffective, the remaining provisions shall remain in full force and effect.