Terms of Service

§ 1 Definitions

1. The definitions referred to in these terms shall be understood as follows:
2. Terms – these terms of service,
3. Portal – the website operated by the Organizer at https://egzooedu.eu/,
4. Organizer – Przemysław Łuczak, conducting business under the name: EGZOOVET LEK.WET. PRZEMYSŁAW ŁUCZAK, ul. Lipowa 3, 87-800 Włocławek, NIP 8882912278, REGON: 383368602, contact: [email protected],
5. User – An Entrepreneur, Consumer, or any other entity using the Portal who has purchased participation in Training,
6. Participant – A User or another person designated (delegated) by the User to participate in Training. Whenever the Terms contain provisions relating to the Participant, these provisions also apply to the User, regardless of whether they participate in Training,
7. Consumer – an entity as defined in Art. 22¹ of the Civil Code,
8. Entrepreneur – an entity as defined in Art. 43¹ of the Civil Code,
9. Registration Form – registration form for Training organized by the Organizer,
10. Training – On-site Training, Conference, Webinar organized by the Organizer. The Organizer posts information about the type of Training on the Portal,
11. On-site Training – classes conducted in the form of lectures, workshops, or discussion panels aimed at expanding knowledge, practical skills, or professional qualifications of Participants,
12. Conference – classes with specialists in a given field, conducted in the form of lectures combined with a discussion panel,
13. Webinar – an online training format aimed at expanding knowledge, practical skills, or professional qualifications of Participants,
14. Party – the Organizer or the User,
15. Parties – the Organizer and the User,
16. Agreement – an agreement concluded between the Parties for participation in Training,
17. Fee – payment for Training,
18. Civil Code – Polish Act of 23 April 1964 – Civil Code (Journal of Laws 2020, item 1740, as amended),
19. UPK – Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws 2020, item 287, as amended),
20. Personal Data Protection Act – Polish Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws 2019, item 1781, as amended),
21. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).

§ 2 General Provisions

1. These Terms define, among other things:
2. rights and obligations of the Parties and Participants related to the purchase and participation in Training;
3. rules for using the Portal;
4. Training is of a professional nature and is aimed at persons conducting business or professional activities in veterinary medicine, i.e., veterinarians, veterinary students, and veterinary technicians.
5. In connection with section 2 above and subject to section 4 below, the Participant by concluding the Agreement confirms that they do so for the purpose of improving their professional qualifications or conducting gainful veterinary activities. Consequently, such a Participant is not considered a consumer within the meaning of Art. 22¹ of the Civil Code.
6. In connection with sections 2 and 3 above, the provisions of these Terms relating to Consumers apply only when specific and individual circumstances of the case indicate that the Agreement was concluded with a Consumer.
7. The Terms are made available by the Organizer free of charge on the Portal.
8. The Agreement is concluded based on the Terms, unless the Parties agree otherwise in writing.
9. The User is obliged to provide the Terms to a Participant who is not the User. In case of failure to perform or improper performance of the above obligation, the Organizer shall be released from liability for any claims of the Participant in connection with registration for or participation in Training.

§ 3 Agreement

1. To conclude an Agreement, the User is required to complete the registration procedure on the Portal, including properly filling out the Registration Form and confirming registration by selecting the "BUY AND PAY" button.
   1. The Agreement is concluded via the Portal when the User submits the completed Registration Form to the Organizer.
   2. The Organizer sends confirmation of receipt of the completed Registration Form to the email address provided by the User. However, the Organizer shall not be liable for failure to receive such confirmation by the User for reasons beyond the Organizer's control.
   3. Conclusion of the Agreement as per section 2 above is binding and constitutes the User's obligation to pay the Training Fee.
   4. Before concluding the Agreement, the User is required to familiarize themselves with the Terms, and the conclusion of the Agreement confirms the User's acceptance of the Terms and also constitutes the User's obligation to provide the Terms to a Participant who is not the User.

§ 4 Training

Training Provisions

1. Information on the Portal does not constitute an offer within the meaning of Art. 66 of the Civil Code.
2. The Organizer determines the maximum number of Training participants. If the maximum number of Participants is exceeded, the Organizer may refuse participation in the Training despite the Agreement being concluded, in which case the Agreement shall be terminated.
3. The date and duration of Training are indicated by the Organizer on the Portal.
4. Participation in Training is only possible after payment of the Fee as indicated in § 5 of the Terms.
5. The Organizer reserves the right to make changes to the Training program available on the Portal or to change the trainer(s) for valid reasons, which shall not constitute a change to the Agreement. In the cases referred to in the preceding sentence, the Organizer shall, as far as possible, inform Participants of the changes on the Portal or individually. Changes referred to in this provision do not result in a change of Fee or entitle the User to demand a refund of part or all of the Fee.
6. The Organizer reserves the right to cancel Training or change the date or location of Training posted on the Portal for valid reasons or circumstances beyond the Organizer's control. In case of a change of date or location of Training, the Organizer shall individually inform Participants of the new date via email to the Participant's address provided in the Registration Form. If the Organizer does not receive a return email from the Participant within 5 days of sending the information referred to in the preceding sentence regarding the impossibility of participation in Training at the changed date or location, the Organizer shall consider this as acceptance by the Participant of the changed date or location of Training.
7. Participants who take part in Training will receive a certificate or other document confirming participation only when the Organizer posts information about the form and possibility of receiving such a document on the Portal. The Organizer may make the issuance of the document referred to in this section conditional on the Participant meeting additional requirements as indicated on the Portal.

Webinar Provisions

• The Organizer decides on the course of the Webinar, in particular on visual contact between the Organizer and Participants and between Participants, on muting or unmuting Participants' microphones, on the possibility and form of asking questions and conducting discussions.
• The Organizer does not provide technical conditions enabling access to the Portal or participation in the Webinar. The User bears all costs and risks associated with providing these technical conditions.
• The Participant will receive a link to the Webinar at the email address provided in the Registration Form, no later than 72 hours before the start of the Webinar. In case of not receiving the link or problems opening it, taking into account § 7 section 4 below, the Participant should immediately contact the Organizer.

§ 5 Fee

1. Participation in Training is paid. The amount of the Fee is indicated on the Portal each time. The Training Fee is the gross price, including VAT. The Fee is stated in Polish currency (PLN) and is binding at the time of submitting and sending the Registration Form to the Organizer.
   1. The Organizer reserves the right to introduce and withdraw offers, promotions, and to change the Fee without prejudice to rights already acquired by the User.
   2. The User is obliged to pay the Fee no later than ten days from submitting the completed Registration Form to the Organizer. The Fee is payable in the forms indicated by the Organizer on the Portal.
2. having a device with Internet access enabling online payment;
3. a bank account with the ability to make online payments;
4. accepting the terms of service and privacy policy of the electronic payment service operator.
5. data, including personal data of Users during the electronic payment process, is processed by the electronic payment service operator.

§ 6 Organizer

1. The Organizer shall make efforts to ensure that persons conducting Training have appropriate knowledge, experience, and qualifications in the subject matter of the Training. In the case of providing any educational materials, the Organizer shall make efforts to ensure that they are consistent with current knowledge.
2. The Organizer shall not be liable for the scope of knowledge acquired by the User in connection with attending the Training, for the User's individual feelings, not commonly approved, related to the quality of Training, level of knowledge transferred, etc. Accordingly, the User may not direct any claims to the Organizer, including refusing to pay all or part of the Fee or demanding a reduction of the Fee based on the circumstances referred to in the preceding sentence.
3. The Organizer shall not be liable for any limitations or inability to participate in Training caused by the following circumstances:
4. providing by the User of false/incorrect data at any time during the Training registration process, including providing a defective/non-existent email address;
5. failure to perform or improper performance of the registration process by the User;
6. force majeure preventing or limiting the registration process or organization of or participation in Training. Force majeure means an external event independent of the Parties and the Participant, in particular: illness or death of the lecturer, fire, flood, war, strike, road blockages, actions of state authorities, actual or alleged terrorist attack, state of natural disaster, etc.
7. The Organizer's liability related to Participants' use of the Portal, purchase of Training, organization and conduct of Training is excluded to the extent permitted by applicable law. However, the Organizer's liability arising from mandatory provisions of law is limited to actual losses documented by the User.

§ 7 Participant

1. The Participant undertakes to use the Portal, purchase Training, and participate in Training in accordance with applicable law, the Terms, the principles of social coexistence, and without violating the rights and reputation of the Organizer or third parties.
2. By completing the Registration Form, the Participant declares that: the data provided therein is complete and consistent with the facts, the data provided does not violate the rights of the Organizer or third parties, and consents to the processing of personal data.
3. By completing the Registration Form, the Participant consents to receive by email, to the email address provided during registration, all correspondence and information related to purchases on the Portal.
4. The Participant bears responsibility and risk for providing the correct email address in the Registration Form.
5. The User may not, without the Organizer's written consent, transfer rights or obligations under the Agreement to a third party. Transfer of rights or obligations contrary to the provisions of the preceding sentence shall be deemed invalid.
6. In case of violation by the Participant of applicable law or any provisions of the Terms, the Organizer, in addition to using other measures provided for in the Terms or by law, may also at its discretion:
7. limit or completely deny the Participant access to Training, or
8. refuse registration for other Training.

§ 8 Withdrawal from Agreement

1. The User, subject to § 9 of the Terms, has no right to withdraw from the Agreement, unless such right arises from mandatory provisions of law or in the following cases:
   1. illness of the User, unknown at the time of concluding the Agreement, preventing participation in Training;
   2. the User's need to fulfill a legal obligation to public authorities conflicting with the Training date, unknown at the time of concluding the Agreement;
2. In the event of circumstances referred to in section 1(a) above, the User may exercise the right to withdraw from the Agreement within 5 days from the occurrence of serious illness, and in the event of circumstances referred to in section 1(b) above, the User may exercise the right to withdraw from the Agreement within 5 days from learning of the need to fulfill the legal obligation, subject to the provisions below.
3. The circumstances referred to in section 1(a) or (b) above must be appropriately documented by the User.
4. Withdrawal from the Agreement by the User should be sent to the Organizer's email address indicated on the Portal.
5. Withdrawal from the Agreement for reasons referred to in section 1 above during the Training is not possible.
6. In case of withdrawal from the Agreement for one of the reasons referred to in section 1 above, when the User's withdrawal from the Agreement occurs at least 14 days before the start date of Training, the User is obliged to pay administrative costs of PLN 100 (in words: one hundred zloty).
7. In case of withdrawal from the Agreement for reasons other than those indicated in section 1 of this paragraph, the User is obliged to pay the Organizer the full Fee.
8. In case of non-payment of the Fee, partial payment of the Fee, or failure to participate in Training due to circumstances other than those indicated in section 1 above, the User is obliged to pay the Organizer the full Fee.
9. The Organizer remains entitled to withdraw from the Agreement in the following cases:
   1. non-payment or partial payment of the Fee;
   2. insufficient number of Users for a given Training;
   3. violation by the User of law or provisions of the Terms, in particular those indicated in § 7 or § 12 of the Terms.
10. The Organizer may withdraw from the Agreement, in the case referred to in section 10(a) above, within 14 days from written or email request to the Participant to pay the Fee, and in the cases referred to in section 10(b) or (c) above, within 14 days from learning of the circumstances referred to in section 10(b) or (c) above.
11. Withdrawal from the Agreement referred to in section 10 above may be sent to the Participant's email address indicated in the Registration Form.

§ 9 Consumer Rights

1. Only in the case of Users who are Consumers do the provisions of this paragraph apply.
2. In accordance with UPK, a Consumer who has concluded an Agreement outside business premises or at a distance has the right to withdraw from the Agreement without giving reasons within 14 days from the date of its conclusion. To meet this deadline, it is sufficient to send the Organizer a statement of withdrawal from the Agreement, subject to exceptions contained in UPK, in particular Art. 38 and Art. 27 UPK, and other provisions contained in UPK. A template of the statement referred to in the preceding sentence is attached to these Terms. The statement referred to in this section may be submitted in a manner ensuring that the Organizer can read its contents. The statement may be submitted in writing or sent electronically to the email address indicated on the Portal as the contact address.
3. The Organizer shall provide the Consumer on a durable medium with confirmation of receipt of the statement of withdrawal from the Agreement submitted in the manner referred to in section 2 above.
4. A Consumer who has logged in to participate in a selected Webinar waives the right to withdraw from the Agreement referred to in section 2 above.
5. The right to withdraw from an Agreement concluded outside business premises or at a distance does not apply to a Consumer if the Organizer has fully performed the service with the express consent of the Consumer, who was informed before the start of performance that after performance by the Organizer, the Consumer will lose the right to withdraw from the Agreement, and if performance has begun with the express consent of the Consumer before the expiry of the withdrawal period and after being informed by the Organizer about the loss of the right to withdraw from the Agreement.
6. In the event that the Consumer exercises the right to withdraw from an Agreement concluded outside business premises or at a distance, after expressly requesting performance of services before the expiry of the withdrawal period, the Consumer is then obliged to pay for services performed until the withdrawal from such Agreement. The payment amount is calculated in proportion to the scope of the performance provided, taking into account the fee agreed in the Agreement.
7. In matters not regulated by the Terms, consumer law provisions apply, primarily UPK.
8. The Organizer indicates that it is its will that the provisions of the Terms be consistent with consumer law, in particular UPK. Therefore, should it turn out that the provisions of the Terms contain provisions inconsistent with applicable and mandatory provisions of law, the relevant provisions of law shall apply in their place.

§ 10 Complaints

1. Complaints regarding Training may be submitted via email to the Organizer's address indicated on the Portal, immediately, but no later than within 7 days from the occurrence of the circumstances covered by the complaint. The deadline referred to in the preceding sentence does not apply to Consumers.
2. Information that the complaint should contain:
3. details of the complainant, in particular name and surname (or company name, NIP), correspondence address, and email address;
4. detailed description of the event being the basis for the complaint.
5. A complaint submitted in accordance with sections 1 and 2 above shall be considered by the Organizer within 14 days from the date of its proper submission.
6. The Organizer reserves the right to leave the complaint without consideration if it does not meet all the requirements referred to in sections 1 and 2 above or is submitted after the deadline referred to in section 1 above.

§ 11 Out-of-Court Dispute Resolution

1. The Organizer agrees to resolve any disputes arising in connection with the concluded Agreement using amicable dispute resolution methods. The method of conflict resolution shall be determined by the parties to the conflict.
2. Additionally, the Organizer informs that the Consumer has the option to use out-of-court methods of handling complaints and pursuing claims. Among others, the Consumer has the option to:
3. apply to a permanent consumer arbitration court to resolve a dispute arising from the concluded Agreement;
4. apply to the provincial inspector of Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Organizer;
5. seek assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
6. Detailed information for the Consumer on out-of-court methods of handling complaints and pursuing claims can be found at http://www.polubowne.uokik.gov.pl.
7. The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales agreement or service agreement.

§ 12 Copyright and Intellectual Property Protection

1. The Organizer, upon delivery or provision of training materials to the Participant, grants the Participant a time-limited (for the duration of the Training), non-exclusive, revocable, non-transferable license to use the delivered or provided training materials in the fields of exploitation indicated in section 5 below. The Participant is not entitled to transfer the rights under the granted license to third parties, and the Participant is not entitled to grant sublicenses.
2. Training materials are any documents, information, and other content provided or made available to Participants on any medium in connection with participation in Training, as well as any documents, information, and other content made available on the Portal.
3. The license is granted within the Fee.
4. The Participant undertakes to use the license in a manner that does not violate law, the principles of social coexistence, and good customs.
5. The Organizer authorizes the Participant to load training materials into the memory of a personal computer or personal phone and to save them on the hard drive of such computer or in the memory of such phone, and to make printed copies of training materials solely for the Participant's own use, for non-commercial purposes, and solely for the proper completion of Training.
6. Sale or free provision of training materials by the Participant to third parties is prohibited. Furthermore, the Participant undertakes to properly secure training materials against access by third parties.
7. Recording by the Participant of part or all of the Training using any technique and any data carriers, or putting into circulation Training content, or any other disclosure of Training content to third parties is prohibited, except for the possibility of recording the course of Training for own needs in the Participant's own handwriting.
8. For violation of the provisions of section 1 in conjunction with section 5 or section 6 or section 7 above, the Participant shall pay the Organizer a contractual penalty of PLN 5,000.00 (in words: five thousand zloty 00/100) for each violation, payable within the time and manner indicated in the payment request. If the damage exceeds the indicated amount of the contractual penalty, the Organizer remains entitled to claim damages exceeding the amount of the contractual penalty on general principles. Furthermore, the Organizer may use other measures provided for by law or demand that the Participant immediately remove the recording or training materials. If the recording or training materials have already been disseminated by the Participant, the Organizer may demand immediate cessation of further dissemination and removal of the recording or training materials from media other than those indicated in section 5 above or from any network, including the Internet.
9. The Organizer may record sound or image during Training, including Participants' statements, in particular for archival purposes and possible further sharing, including for marketing purposes. By completing the Registration Form, the Participant consents to this, which consent may be withdrawn in writing or by email to the Organizer's email address. Consent to publish the Participant's image includes publication of photos from Training or sound or image recordings from Training on the following websites: egzooedu.eu, egzoovet.pl, vetlifestyle.pl, help4herps.pl, or on Egzoovet, egzooedu, vetlifestyle, help4herps profiles on Facebook, Instagram, and YouTube. The Participant's consent to publish their image also includes consent to publication of photos or sound or image recordings from Training in veterinary journals or veterinary programs, including TV.
10. If during Training, information constituting a business secret or other information/data subject to protection under applicable law is provided by the Participant, the Participant is obliged to inform the Organizer about this. If such information is not provided, the Organizer shall be released from liability towards the Participant or third parties in connection with the circumstances referred to in the preceding sentence, and any claims directed to the Organizer by third parties shall be directed to the Participant.

§ 13 Final Provisions

1. The Terms constitute an integral part of the Agreement.
2. The Organizer remains entitled to amend these Terms at any time.
3. In the event of amendment of the Terms, its delivery to the Participant shall be made by posting on the Portal.
4. Use by the Participant of Training after the introduction of changes referred to in section 2 above is equivalent to consent to their introduction, subject to section 5 below.
5. With regard to Agreements concluded with Consumers and in accordance with Art. 22 UPK, the information referred to in Art. 12 section 1 UPK constitutes an integral part of an agreement concluded at a distance or outside business premises and may only be changed by express agreement of the Parties.
6. These Terms are effective from 21.12.2020.
7. The Parties and the Participant consent to sending all correspondence, including declarations of will or knowledge, electronically (by email) to the Organizer's email address indicated on the Portal and to the Participant's email address indicated in the Registration Form. In the event that the Participant wishes to receive correspondence by traditional mail to a delivery address, the Participant is obliged to provide the Organizer with a delivery address and information about the wish to receive correspondence by traditional mail.
8. During the term of the Agreement, the Participant is obliged to inform the Organizer in writing or electronically of any change of email address, and if they have indicated a delivery address, also of any change of delivery address. The change referred to in the preceding sentence shall be effective from the date of its effective delivery to the Organizer. In the absence of effective delivery of the change, all correspondence, including declarations of will and knowledge of the Organizer, shall be sent to the address last provided by the Participant and shall be deemed effectively delivered to that address.
9. All disputes related to the conclusion or performance of the Agreement, taking into account § 11 section 1 of the Terms and the instructions from § 11 of the Terms, shall be resolved:
   1. in the case of Consumers, by competent Polish common courts;
   2. in the case of other Participants (non-Consumers), by Polish common courts competent for the Organizer's registered office/place of business.

Appendix 1 – Withdrawal Form Template (for Consumers only)