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Terms and Conditions for the Provision of Electronic Services

1) General Information

By using the service eTutor and related mobile applications, you accept Terms and Conditions, whose current version is available at https://es.etutor.eu/regulamin/ and the privacy policy attached to the terms and conditions, located at the address https://es.etutor.eu/regulamin/polityka-prywatnosci/.

The owner of the eTutor site (hereinafter called the Service provider) is:

LangMedia sp. z o.o.
ul. Rapackiego 5
53-021 Breslavia, POLONIA
NIF: PL 6711762204, REGON: 320522802
Número del Registro Nacional de Tribunales: 0000306795 (VI División Comercial del Registro Nacional de Tribunales bajo el Tribunal de Distrito en Breslavia – Fabryczna)
Capital Social: PLN 113 400,00
e-mail: ayuda@es.etutor.eu
tel: +48

Basic terms:

Platform, eTutor website – foreign languages e-learning platform available at www.etutor.pl;

Terms and Conditions – these Terms and Conditions specifying the rules of providing access to the eTutor website by the Site Provider;

Service – he service of providing access to the contents or digital services on the eTutor website, the type and scope of which is specified in the agreement concluded with the User or the Ordering Party;

User – n individual over 18 years of age, or is at least 13 and declares that he or she has read the Terms and Conditions with their parent or legal guardian and that the User and their parents or legal guardians understand and accept these Terms and Conditions;

Privileged User – a User with additional access rights such as access to the group management panel on the eTutor website. The scope of these rights is specified in the cooperation agreement concluded with the Ordering Party and this access is given after prior verification with a code in a text message sent by the Site Provider. For this purpose, it is necessary for the User to give a phone number to which the code will be sent each time to verify the person using the account;

Ordering Party – an entity which has concluded an agreement with the Site Provider to provide services which give access to the eTutor website to Users being: Employees, Co-workers of the Ordering Party or other persons who have been given access to the eTutor platform, the terms and scope of this access being specified in the cooperation agreement;

Cooperation agreement – services agreement concluded between the Site Provider and the Ordering Party, specifying the conditions of access to the eTutor website by the Users who have been given paid access by the Ordering Party;

Consumer – an individual purchasing access to the website for the purposes not directly related to their business/professional activity;

Entrepreneur as a consumer – an individual who concludes an agreement which is directly related to their business activity but does not have a professional character for them, which results particularly from the business activity carried out by the entrepreneur, made available on the basis of the Central Register and Information on Economic Activity;

2) Technical requirements

KThe use of the platform requires a computer properly configured and connected to the Internet. Some functionalities may be used by means of compatible tablets and mobile phones.

In order to be able to use all functionalities of the website, the User’s hardware and software must meet the technical requirements specified in the appendix technical requirements.

3) Users’ Accounts

Creating an account with eTutor is free of charge. By creating a new account, the User is granted access to basic functions of the platform and limited in functionalities demo versions of selected courses.

The User shall provide true and accurate data in the registration form. The User shall activate the account within 7 days since it was created, by clicking the activation link sent by e-mail.

In order to use the website in a proper manner, the User shall immediately inform the Site Provider about any change in his/her e-mail address, by updating his/her account data on the website.

The User must not create more than one account, share his/her account with other Users or sell his/her account to other Users, unless otherwise provided in the cooperation agreement concluded with the Site Provider.

The name of the account (login) may not be abusive or defamatory. The name of the account may not be a website address, verbal representation of trademark or any other word which would infringe any third party rights. The same refers to the picture (avatar) assigned to an account.

The information related to the User’s account is publicly available

By registration on the website, the User gives his/her consent to his/her account name (login) and basic learning statistics be visible in his/her public profile and other subpages, as a part of other websites and the application of the Site Provider (for instance in the top Users ranking).

By uploading a picture in a profile, the User gives his/her consent to his/her image being used (the uploaded picture) in his/her public profile on the website, by the comments in the Community section and on other pages, as a part of other websites and the application of the Site Provider.

Your name, surname and learning statistics are visible for the Users added to your friends. If you are given access to the eTutor website by another entity or the Ordering Party, this information may be shared with these entities to the extent specified in the cooperation agreement concluded with the Site Provider.

Good practices and safety

Any activities of the User related to the eTutor website shall comply with good practices and applicable legal provisions. The User shall not provide any illegal content and shall refrain from any actions which would violate safety, functionality of the website or in any way hinder the use of the website by other Users.

The User shall not attempt to gain access to unauthorised resources.

No automated tools sending data to the Site Provider’s servers or data extraction tools may be used.

The User shall ensure that any confidential data such as the website password is secured and protected.

Links in messages sent to you

For your convenience, links in e-mails sent to you (including the information related to promotions, your learning progress, new materials on the website, your account) may include the parameters which will make you log in automatically. Therefore you must not make these e-mails available to other persons.

4) Payments and subscriptions

Type and scope of services provided

The Site Provider provides the website and applications related to foreign language learning, e-learning, effective learning methods and online dictionaries. The electronic supplied services include having a fee-free account and paid access to digital content (foreign language courses, exams, tests, mobile apps). Detailed information regarding paid services can be found on the websites of particular products.

If access to the eTutor platform arises from the cooperation Agreement concluded between the Site Provider and the Ordering Party, the scope of services made available to the User is specified in the agreement. The agreement may also specify other conditions of using the eTutor website, the conditions of access to paid services, registration rules and access period. These Terms and Conditions are applied to the rights and obligations of the Users who have been given access to the eTutor website by the Ordering Party.

Payments for the courses available in a subscription model

Payment for access to a selected course shall be made in advance for a given period of time in the amount as specified in the pricelist of the website, or, during the promotion period, at a discounted price in line with the terms and conditions of the promotion.

If courses are ordered directly with the Site Provider’s website, access to the paid Service shall be made upon the Site Provider’s account being credited with the payable amount or receipt of the respective notification from the payment intermediary.

In case of individual clients, a subscription period shall commence upon service access activation. If the User possesses a valid subscription upon the service being provided, the subscription period shall commence upon termination of the previous subscription.

Upon expiration of a paid subscription, access to the contents of the paid course shall be blocked. The User shall not be obliged to extend the subscription or notify the Site Provider of resignation (unless otherwise agreed in a separate eTutor platform use agreement).

Payments for the courses available in a subscription model

If the Site Provider provides such an opportunity, payment for access to a selected course may also be made by purchasing a subscription for a given period of time in the amount as specified in the price list of the website or, during the promotion period, at a discounted price in line with the terms and conditions of the promotion.

In a subscription model, payment shall be made in advance, in an electronic form via the external PayU platform. The Site Provider reserves the right to add extra payment methods of which the Users shall be informed in a manner specified in the Terms and Conditions.

In a subscription model, access to the paid service shall be made upon the receipt of the notification by the Site Provider from the payment intermediary.

The payment provider shall be responsible for payments made by the Users via PayU, to the extent provided by the generally applicable law and the provider’s terms and regulations. The User should read these terms and regulations, particularly the terms of sale and payment and the provider’s privacy policy, available at:

  1. PayU terms of service (for the Purchasers): https://static.payu.com/sites/terms/files/payu_terms_of_service_single_transaction_pl_pl.pdf"
  2. Privacy Policy: https://poland.payu.com/zasady-prywatnosci-w-payu/

By paying via PayU, the User accepts the provider’s terms of payment.

The User who has not used their access to paid services in eTutor within the subscription period has no right to return the payment for the unused access, in whole or in part, except for the situations provided for herein.

In a subscription model, access to paid services shall be automatically extended by the next settlement period, unless the User resigns by cancelling the subscription. The User is informed of such a possibility when purchasing the subscription and the Site Provider reserves the right to block the access in compliance with the Terms and Regulations. If the User does not cancel the subscription before the date of its renewal in a given settlement period, the subscription shall stay active in the following settlement period in accordance with the purchased subscription period and the Site Provider shall be authorized to charge for the next subscription period via the payment provider.

The User may cancel the subscription at any time and still shall have access to paid contents of the eTutor website by the end of the paid settlement period. In order to cancel the subscription, log to the eTutor website, go to Settings, Extend Subscription and select the option Cancel the plan, then follow the instructions. Cancelling the plan results in the subscription expiring on the last day of the settlement period. A cancelled plan may be renewed by the User by selecting the option Renew subscription on the page Purchased courses in your account’s settings, resulting in the subscription renewing automatically and active until it expires.

Payments in a model based on a cooperation agreement concluded with the Ordering Party

Payment for access to a selected course may also be made by the Ordering Party in the amount as specified in the cooperation agreement and in line with the terms and conditions thereof.

Access to paid service shall be activated in line with terms and conditions specified in the cooperation agreement.

Coupons and codes giving access to services

Activation codes for access to the courses or other website’s services purchased or obtained cost-free from external providers (such as coupons purchased through collective purchase websites or cafeteria systems, codes added to magazines) may be used on newly created accounts only. A new account is an account where no subscription was purchased or no paid coupon was previously activated.

In case of coupons purchased from external providers, the date of sale shall be the date of activation of the coupon on our website.

VAT invoices

Prices of the courses on the website include VAT at the rate applicable in Poland.

In order to receive a VAT invoice for the products purchased, please provide us with the data necessary for issuing the invoice while purchasing, before making a payment. The invoice shall be sent by the Site Provider electronically to the User’s e-mail address assigned to his or her account on the website within 5 working days upon the User’s account being credited with the payable amount.

5) Guarantee of Satisfaction and Compensation for Service Interruptions

Our concern is your satisfaction with the service. We spare no effort to ensure the reliability of the website. However, we allow for short breaks in the functioning lasting no more than 8 hours due to necessary maintenance and modernisation works.

In case of any breaks in the website functioning or its essential part exceeding 8 hours which are attributable to the Site Provider, the Site Provider shall provide compensation by extending the subscription accordingly, rounded up to the full day.

In order to be eligible for the compensation, the User shall notify of the unavailability of the eTutor website or its essential part within one month of the failure occurrence.

The guarantee shall not exclude or limit any of Consumer’s rights for undue performance.

6) Contents published

Moderation of contents published

As part of the website, the Site Provider provides the language questions module and forum for the Users to share information relating to foreign language learning and methods of effective eTutor platform exploitation.

In order to ensure undisturbed operation and the atmosphere of mutual respect, the Site Provider may moderate or delete:

  • any posts which infringe the law, incite hatred, encourage violence or contain untrue information,
  • offensive posts, threads containing disputes or personal assaults,
  • posts which might be detrimental to the reputation of the website or any third parties,
  • posts of advertising nature, promoting competitive products or containing links to external websites,
  • posts which are not related to the main topic of the thread in which they are placed, or to the subject of a given category,
  • posts which are duplicates of other threads and comments, requests for verification of assignments placed in other threads or for providing answers to questions placed in another thread,
  • posts which are not related to foreign language learning or methods of the eTutor platform use.

Placing the aforementioned posts shall be considered infringement of these Rules and Regulations and may result in blocking of the option of publishing on the website and communication with other platform Users. In case of persistent infringement, the account of a given User may be blocked.

In order to ensure undisturbed operation of the language questions section and forum, we may cancel out-of-date threads (e.g. regarding resolved technical issues) and private discussions within very small groups of participants.

Opinions about services

Opinions about the eTutor website published by the Site Provider shall be verified by the Site Provider.

Verification includes i.e. comparing personal data or cooperation details with the information collected by the Site Provider with regard to the Users using the eTutor, contacting the Users directly to thank them for their opinion or sending them a dedicated link to give an opinion.

The information, data and material included in the eTutor website and applications are protected by copyright, trademark rights, database rights and other intellectual property rights.

Any materials provided by the Site Provider as part of paid courses may be used only by subscribers of a given course or Users using the eTutor website on the basis of the agreement concluded with the Site Provider.

Users with access to paid contents may print website handouts for personal use, but may not publish them.

We reserve the right to update the contents of the courses from time to time, including modifications of lessons and exercises, and deletion of certain elements.

8) Term of the agreement and termination of the agreement

Agreement regarding having an account on the website

The agreement regarding having an account on our website is concluded for an indefinite period of time and is free of charge.

The User may at any time discontinue to use the eTutor website and cancel his/her account with an appropriate option at Account settings. The User may also send an appropriate message to the e-mail or postal address of the Site Provider available at Contact.

The Site Provider reserves the right to:

  • limit the ability for a Privileged User to delete his or her account, in that case the account may be deleted upon contacting the Site Provider at e-mail address available at Contact,
  • block or delete the account of the User who does not adhere to the Rules and Regulations,
  • delete the User’s account or some data in the User’s account if the User has not logged in to the website for over 2 years.

Agreement regarding providing paid language courses

The agreements regarding providing particular paid language courses are concluded for a definite period of time, for the period not shorter than one month, in accordance with the offer chosen by the User. The agreement shall not be automatically extended unless otherwise agreed at the moment of concluding the agreement (i.e. as in the subscription model)

Access to the paid services of the eTutor website shall be blocked if:

  1. the paid subscription period expires,
  2. the Ordering Party ceases to make payments arising from the cooperation agreement concluded with the Site Provider,
  3. the cooperation agreement between the Site Provider and the Ordering Party is terminated,
  4. the Ordering Party chooses to do so.

The right to withdraw from the agreement

A User who is a consumer or an entrepreneur as a consumer may withdraw from the agreement without stating the reason by submitting a respective written declaration within 14 days of conclusion of the agreement (a template with all the necessary information is available here). In order to ensure timely submittal, it is sufficient to send the declaration of resignation from purchase including the information specified in the template mentioned hereinabove to the Site Provider’s address of the registered office available at Contact within the time specified above.

In the event of withdrawal from the agreement, the agreement shall be deemed not concluded. Any payments shall be refunded immediately, not later than within 14 days. The payment shall be refunded in the same form in which it had been made by the User, unless the User agrees otherwise with the Site Provider.

The User may not withdraw from the agreement if the Site Provider has started providing the Service with the User’s prior explicit consent, provided that the User was informed before starting the service that he or she may not withdraw from the agreement once the service has been made available and agreed to it.

Account learning history

If the User’s paid access is no longer valid, his/her learning history data is stored for a minimum of 2 years since the last time the User logged to the eTutor platform. If the User chooses to order the course again, the User may continue the course without losing the history of lessons, exercises and revisions (if the content is still available as part of the ordered service). There is also a function of resetting saved progress information.

9) Complaints and non-compliance of the Service with the agreement

Failure to receive the Service by the User

The User shall notify the Site Provider of the failure to receive the Service. In the case of failure to receive the Service, the User may withdraw from the agreement immediately or at a specific time explicitly agreed by the parties.

The User may withdraw from the agreement without requiring the Site Provider to provide the Service if:

  1. the Site Provider declared not to provide the Service or it is clear from the circumstances that the Service will not be provided or
  2. the Parties agreed or it is clear from the circumstances of concluding the agreement that the specific time to provide the Service was particularly relevant to the User, whereas the Site Provider failed to provide the Service at that time.

Non-compliance of the Service with the agreement

If the Service is non-compliant with the agreement, a User who is a consumer or an entrepreneur as a consumer may require the Site Provider to provide compliance with the agreement or require price reduction or withdraw from the agreement.

The Site Provider may refuse to provide compliance with the agreement if providing compliance of the Service with the agreement in a manner chosen by the User is not possible or requires incurring excessive cost by the Site Provider.

In the case of non-compliance of the Service with the agreement, the User may require price reduction or withdraw from the agreement if:

  1. the compliance of the agreement is not possible or requires incurring excessive cost;
  2. the Site Provider failed to provide compliance of the Service with the agreement;
  3. the Site Provider has attempted to provide compliance with the agreement but the Service is still non-compliant with the agreement;
  4. non-compliance of the Service with the agreement is relevant enough to justify an immediate price reduction or withdrawal from the agreement;
  5. the Site Provider declares, or it is clear from the circumstances, that the Service will not be compliant with the agreement in a reasonable time or without considerable inconvenience for the User.

The User may not withdraw from the agreement if the Service is provided in exchange for the price and non-compliance with the agreement is irrelevant.

Complaint procedure

The User may submit a complaint in relation to failure to duly provide a service which shall include:

  • name and contact details of the complainant,
  • name of the User’s account being complained or e-mail address assigned to the account being complained,
  • subject of complaint, including grounds for complaint,
  • signature of the complainant and date.

The complaint should be submitted by electronic or traditional mail to the Site Provider’s registered address available at Contact.

The complaint shall be entertained within 14 days of receipt thereof, unless otherwise provided by applicable regulations. The response shall have the form analogous to that of the complaint and shall be sent to the address specified therein.

The Site Provider may request the User to complete the information necessary to process the complaint, particularly to determine whether non-compliance of the Service with the Terms and Regulations results from the User’s digital environment. If the information is not completed, the complaint shall not be processed. The User is obliged to cooperate with the Site Provider with regard to completing necessary information to process the complaint.

10) Final provisions

The Site Provider reserves the right to make changes in these Rules and Regulations in line with the applicable legal provisions.

A change in the Rules and Regulations which is not required to provide the Service in compliance with the Rules and Regulations may be made in the following cases:

  1. changes in the provisions of law applicable to the Terms and Regulations and the necessity to adjust the Terms and Regulations to maintain its compliance with the law;
  2. changes resulting from the necessity to adjust the Terms and Regulations to the recommendations, obligations, rulings, resolutions, interpretations, guidelines or decisions of the authorized public administration bodies;
  3. improving the provided service and the User experience;
  4. changes related to the security of providing the Service;
  5. counteracting malpractice related to using the Service;
  6. technological and functional changes to the Service;
  7. changes related to introducing new additional functions and options;
  8. editorial changes related to the necessity to correct or delete editorial mistakes;
  9. administrative changes, including changes to the identification data or contact data.

In the case of a change to the Terms and Conditions which has a significant and negative impact on the access to the Service or using the Service, the Site Provider shall notify the User of this change and the time of implementing it with a 14 day notice if the character of implemented changes allows for it.

If the User does not accept the changes specified above, he or she may terminate the agreement without notice, not later than within 30 days after implementing the change or receiving a notification about it, provided that the User was informed after the change had been made.

With respect to all agreements concluded before 1 January 2023, the version of the Terms and Conditions applicable at the time of concluding an agreement shall be binding.

With respect to all legal relations hereunder, Polish law shall be applicable.

A User who is a consumer or an entrepreneur as a consumer is entitled to use out-of-court complaint processing procedures and pursue their claims, detailed information and access rights to these procedures are available in the registered offices and on websites of district (city) consumer ombudsman, community organizations whose statutory objective is to protect consumers, Provincial Inspectorates of Trade Inspection and at: https://www.uokik.gov.pl and https://www.rf.gov.pl and on the European internet platform ODR available at: https://ec.europa.eu/consumers/odr.

Appendices:

  1. Privacy policy
  2. Technical requirements

Last updated on: 31 March 2023