Terms and conditions of using drivingtest.portalnaukijazdy.pl services.

I. General provisions

  1. The terms used in this agreement shall be understood as follows:
    - Operator - SPH CREDO Jacek Boguslawski, address: Al. Wojska Polskiego 43, 64-920 Pila, NIP: 764-100-02-85, REGON: 570237261
    - Service - using the training platform, drivingtest.portalnaukijazdy.pl.
    - Prices - the prices for using the Service, which constitutes an integral part of the Terms and conditions
    - Customer - a person using the Service pursuant to an agreement concluded with the Operator.
  2. Before using the Service a Customer shall be obliged to confirm that they have familiarised themselves with the terms and conditions, agree to all of their provisions and undertakes to to adhere to it. A Customer cannot enter into agreement with the Operator without a confirmation of familiarising themselves with the content of terms and conditions.
  3. The terms and conditions constitute an integral part of the agreement.
  4. The service is provided in several offer options. The scope of the purchased service, its composition and price for its given duration shall be specified by the Prices. By purchasing subscription, the Customer agrees to have an invoice issued.
  5. A change of module composition, which does not result in decreasing its functionality shall not constitute a change of terms and conditions.

II. Training service agreement

  1. The Customer concludes a Service agreement with the Operator by filling in the form placed on the website by the Operator. The Customer shall be obliged to fill in the boxes marked as obligatory.
  2. The period, for which the agreement is concluded shall result from the Customer's choice of an appropriate price option set out as part of the Prices. The Customer might start using the Service no sooner than after the Operator credits the payment made by the Customer.
  3. A change in the Prices introduced by the Operator does not influence the duration of the agreement with reference to elements of the Service purchased before such change in the Prices.The following payment methods are available:
    - on-line payment through co-operating payment providers (PayU),
    - Bank transfer to the account of the Service Provider indicated in the drivingtest.portalnaukijazdy.pl platform.
  4. The Customer shall not be entitled to make the Service available to third parties.
  5. An agreement with the Customer might be terminated by the Operator with immediate effect in one of the following cases:
    1. if the Customer breaches the provisions of chapter IV of these terms and conditions;
    2. if the Customer provides false information at registration;
    3. if the Operator is permanently unable to provide the Service for reasons beyond its control;
    4. if the Customer makes unauthorised attempts of interference in the training platform's software.
  6. If the agreement is terminated for reasons stated in section 5, the Customer shall receive back the payments made by them respectively to the unused duration of the agreement.
  7. Any correspondence, including the Operator's statements, shall be referred to the Customer at the e-mail address indicated by the Customer in the process of filling in the form at registration.

III. The Operator's rights, obligations and responsibility

  1. The Operator hereby declares that it is going to strive to ensure the highest possible effectiveness of the Service. However, the Operator allows for breaks in the Customer's opportunity of using the Service.
  2. The Operator reserves the right to make maintenance breaks. The Operator is going to inform the Customers about maintenance breaks as far as possible and hereby declares that maintenance shall occur between 10.00 p.m. and 6.00 a.m.
  3. The Operator reserves the right to suspend the Service without notifying the Customer about it in case the Service is used for the purposes that do not conform with the applicable laws or the agreement.
  4. The Operator undertakes to keep the information submitted to it by the Customer confidential, unless it is obliged to disclose it pursuant to the provisions of law and upon request of a competent authority.
  5. The Operator shall not be liable for any losses of the Customer, which is not a consumer within the meaning of the civil code, resulting from a failure to perform or inadequate performance of the provisions of the Service agreement. Moreover, the Operator shall not be liable for any losses of the Customer, which is not a consumer within the meaning of the Civil Code, resulting from using the Service.

IV. Customer's rights and obligations

  1. The Customer has the right and is obliged to use the Service pursuant to its intended application, the agreement, provisions of law and social and moral standards.
  2. The Customer shall be obliged to protect their password to access the Service and not make it available to any third parties.
  3. By filling in the application form the Customer undertakes to provide their actual details and their current location. All the negative consequences of a failure to adhere to this obligation shall be borne by the Customer.
  4. The Customer might not get redirected to the Service from other websites without the Operator's consent.
  5. In case the Customer withdraws from the agreement, Credo shall send them a correcting invoice concerning the transaction, from which the Customer has withdrawn. The Customer undertakes to sign it and send it back to Credo headquarters. Signing and sending back the correcting invoice is not a prerequisite for the Customer's withdrawal from the agreement.

V. Right to withdraw from the contract

  1. The provisions of this paragraph apply only to contracts concluded with Consumers.
  2. According to Art. 27 of the Consumer Rights Act of 30 May 2014, within 14 days of the conclusion of the Agreement, is entitled to withdraw from this contract without giving any reason. Declaration of withdrawal The consumer may submit on the form or in another written form in accordance with consumer law.
  3. Consumer according to art. 38 points 13 of the Act, referred to in sec. 1, shall not be entitled to withdraw from the contract for the supply of digital content which is not recorded on the material medium if the performance of the benefit has begun with the express consent of the consumer before the expiry of the withdrawal period and after informing the trader of the loss of the right of withdrawal.

VI. Complaint procedure

  1. Any complaints shall be reported at the address bok@sphcredo.pl.
  2. A complaint should include a detailed description of a given event that constitutes grounds for it and the Customer's claims.
  3. The Operator shall recognize a claim within 10 working days from the day of reporting it.

VII. Copyright

  1. Proprietary copyrights to the Service, its components, parts and fragments having their own creative meaning shall be vested solely in the Service Provider or the Provider reserves the right to dispose of them.

VIII. Personal data protection and correspondence between the parties

  1. The Operator is an administrator of personal details obtained during provision of the Service.
  2. By accepting the terms and conditions the Customer declares that they agree to having their personal data processed for the purpose of provision of the Service and for marketing purposes (pursuant to the personal data protection act of August 29th 1997, consolidated text: Journal of Laws of 2015, item 2135) by the Operator and declares that they are aware of their right to view the data and update it.
  3. As regards protecting the information obtained during the term of the agreement the Operator shall adhere to the provisions of the personal data protection act of August 29th 1997 (consolidated text: Journal of Laws of 2015, item 2135).
  4. By approving the terms and conditions the Customer declares that they agree to have commercial information sent to them by the Operator via Means of electronic communication, within the meaning of the act on provision of services by electronic means.
  5. Any correspondence concerning provision of the Service shall be sent by the Customer to the Operator's e-mail address: bok@sphcredo.pl.

IX. Final provisions

  1. The operator reserves the right to change the regulations.
  2. The issues not covered by this agreement shall be governed by appropriate provisions of the Civil code, the act on copyrights and related rights and the act on provision of services by electronic means.
  3. The terms and conditions enter into force on December 29th 2015.