TERMS AND CONDITIONS FOR ELECTRONIC SERVICES – ONLINE TRAINING

 

These Terms and Conditions specify the general rules and a manner of providing the electronic services as online training conducted by the Organiser pursuant to Article 8 Section 1, point 1 of the Act of 18 July 2002 on electronic services (Polish Journal of Laws 2020 item 344 as amended).

 

Please read the following Terms and Conditions carefully before enrolling in the Training. By starting to use the service, the Participant confirms that he/she has read the Terms and Conditions, understands and accepts its content and undertakes to comply with it.

 

  • Definitions

 

Working day: a day from Monday to Friday, excluding public holidays in Poland
Materials: content and multimedia objects (information, data, graphic files, video files), including works within the meaning of the Act of 4 February 1994 on copyright and related rights (Polish Journal of Laws 2019, item 1231, as amended), which may be provided to the Participant by the Organiser as a part of the Training or after its completion, which the Participant may use for their own needs for teaching purposes
Organiser: Transition Technologies – Managed Services sp. z o.o. with its registered office in Warsaw, ul. Pawia 55, 01-030 Warsaw, correspondence address: ul. Dzielna 60, 01-029 Warsaw; the Organiser is a service provider within the meaning of the Act of 18 July 2002 on electronic services (Polish Journal of Laws 2020 item 344 as amended)
Terms and Conditions: these Terms and Conditions for electronic services
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 and repealing Directive 95/46/EC (General Data Protection Regulation)
Service: the website where the Organiser enables registration for the Training, available at https://ttms.pl/en/ttms-training/
Participant: natural person participating in a Training organised by the Organiser
Training: internet training organised by the Organiser for Participants

 

  • General conditions
  1. It is forbidden for the Participant to provide unlawful content and to use the Website in a manner contrary to the law, morality, violating personal rights of third parties or legitimate interests of the Organiser.
  2. The Organiser declares that the public nature of the Internet and the use of electronic services may involve the danger of unauthorised persons obtaining and modifying Participants’ data. Therefore, Participants should use appropriate technical means which will minimise the aforementioned danger, in particular use anti-virus and identity protection software when using the Internet.
  3. The Participant is entitled to use the resources of the Website solely for his/hers own use. The use of resources and functions of the Website in order to conduct activities by the Participant which would infringe the interest of the Organiser shall not be permitted.
  4. The Organiser provides the Training service free of charge.
  5. Services are provided at the times indicated on the Website. The Training Service consists of enabling the User to take part in an online training course on topics described in detail on the Service, to ask questions, discuss and exchange experiences.
  6. The Organiser shall make every effort to ensure high thematic and technical quality of the Training and its high substantive value compliant with the description of the Training included on the Website.
  7. The Organiser reserves the right to cancel the Training in case of occurrence of fortuitous events.
  8. The Organiser reserves the right to make changes in the Training program for important reasons or reasons beyond the control of the Organiser and this cannot be the basis for any claims by the Participants.
  9. The Organiser shall not be liable for any interference in the operation of the Website or application by means of which the Training is conducted, not attributable to the Organiser or caused by force majeure or unauthorised interference by the Participants or third parties, and in particular for any loss of data stored therein.
  10. The Organiser stipulates that the Trainings presented on the Website are for information purposes only and the Organiser shall not be held liable:
    1. for any damage caused by inaccuracies in the information provided during the Training resulting from circumstances other than gross negligence or wilful misconduct of the Organiser;
    2. for any damages caused by cancellation or postponement of the Training;
    3. for any damages caused by the disclosure of Participant’s personal information lawfully and with Participant’s consent.
  11. The Organiser reserves the right to temporarily, totally or partially shut down the Website or individual elements of the Website in order to improve it, add services or carry out maintenance or repair work without prior notice to Participants
  12. To the fullest extent permitted by Polish law, the Organiser is not liable for any consequences of the use of the Training by the Participants, including the resulting damage or inability to use them, in particular for damage resulting from defects/failures/faults.

 

  • Technical requirements
  1. To participate in the Training, a computer or other electronic device with Internet access, an active email account and an Internet browser are required.
  2. The Organiser will endeavour to make participation in the Training possible for Internet users using all popular Internet browsers, operating systems, types of devices and types of Internet connections.
  3. The minimum technical requirements for using the Website are web browsers with at least Edge RS2 or Chrome 83 or Firefox 79 or Opera 65 or Safari 13 or later, with JavaScript enabled.
  4. The Participant should also have a device capable of receiving sound (for example, speakers or the ability to plug in headphones), allowing him/her to get acquainted with sound transmission during the Training.

 

  • Participation in the Training
  1. In order to take part in the Training offered on the Website, Participant fills in the registration form available on the Website, providing the following data: first name, surname, email address, name of the company of which he/she is a representative/employee or his/her professional status (e.g. student, self-employed, etc.).
  2. The Participant is obliged to read the Terms and Conditions and confirm his/her acceptance of them. Without confirmation of reading and accepting the Terms and Conditions, participation in the Training shall not be possible.
  3. The Participant has the possibility to submit declarations on expressing consent for direct marketing of products and services and receiving electronically commercial information from the Organiser and its business partners or receiving a newsletter. The expression of consent for direct marketing is voluntary and does not condition participation in the Training.
  4. After submitting the registration form, the Participant shall receive a confirmation of enrolment in the Training via the email address provided. The moment the confirmation of subscription is received, the agreement for provision of electronic services is concluded. In the next message, sent before the day of the Training, the Participant shall receive a link enabling him/her to take part in the Training.
  5. The Organiser is not responsible for the lack of possibility to participate in the Training in case of providing false or inaccurate data in the registration form.
  6. A participant may at any time, until the commencement of the Training, resign from the participation in the Training by sending a statement of such content to the Organiser at the email address: marketing@ttms.pl.
  7. It is forbidden to transfer the access data to participate in the Training to third parties.
  8. The Organiser shall ensure the possibility of interaction with the speaker or other Participants through communication in the form of chat and audio/video, however the Organiser shall not be liable for technical problems beyond its control.
  9. The Organiser shall not be liable for confidential information disclosed by the Participant during the Training.
  10. The Organiser shall not be liable for circumstances occurring on the part of the Participant that prevent him/her from taking part in the Training, including in particular:
    1. incorrectly provided contact details,
    2. failure of the Participant to meet the technical conditions necessary for the execution of the service,
    3. malfunction of data communications equipment.

 

  • Complaints
  1. The Participant may submit a complaint regarding the provision of the service by the Organiser. A complaint may be submitted by sending an email to: marketing@ttms.pl.
  2. The Participant filing a complaint should provide his/her data, including contact details, and a description of the problem giving rise to the complaint. Complaints not meeting these requirements shall not be considered.
  3. The Organiser shall consider the complaint no later than within 14 days and shall reply to the email address provided in the complaint.
  4. The Organiser does not make use of the out-of-court settlement of disputes referred to in the Act of 23 September 2016 on out-of-court settlement of consumer disputes.

 

  • Provisions for Consumers
  1. The right of withdrawal under this paragraph applies only to the consumer, i.e. a natural person performing a legal action not directly related to its business or professional activities.
  2. The consumer may withdraw from the agreement within 14 days without giving any reason. The withdrawal period shall begin from the date of conclusion of the agreement for electronic services.
  3. The consumer withdraws from the agreement by making a statement of withdrawal to the Organiser. In order to meet the deadline it is sufficient to send the declaration before its expiry to the following email address: marketing@ttms.pl.
  4. Provisions of the Regulations that could constitute prohibited contractual provisions in the register kept by the Prezes Urzędu Ochrony Konkurencji i Konsumentów [President of the Office for Protection of Competition and Consumers] (abusive clauses) are not binding on consumers.
  5. To the extent not governed by these Terms and Conditions, the provisions of the Act of 30 May 2014 on consumer’s rights (Journal of Laws 2020 item 287 as amended) shall apply to Participants who are consumers.

 

  • Intellectual Property
  1. Upon registration for the Training, the Organiser grants the Participant a non-exclusive and non-transferable licence to use the Training and Materials, but only for the Participant’s own purposes. The Participant does not have the right to reproduce and/or market the contents of the Training or Materials or make them available to third parties in any other way or to grant further licenses.
  2. Modification, copying, transmission, public performance and any commercial use of this content requires the prior written consent of the Organiser.
  3. All rights, including property copyright, intellectual property rights to: the names of the services, the Internet domain and the content contained therein, including the content of the Training and the Materials, belong to the Organiser.

 

  • Protection of Personal Data
  1. The data controller of the Participant’s personal data is the Organiser.
  2. In all matters concerning the processing of Participants’ personal data, the Organiser can be contacted at the following email address: marketing@ttms.pl.
  3. The Organiser processes personal data indicated by the Participant in the registration form in order to:
    1. organisation of the Training – the legal basis is the necessity of the data processing in order to conclude and perform the agreement for the provision of the Training (Article 6(1)(b) GDPR),
    2. marketing products or services of the Organiser or its business partners – the legal basis is the implementation of the Organiser’s legitimate interest, which is marketing (Article 6(1)(f) GDPR),
    3. organizational, administrative and IT service – the legal basis is the implementation of the Organiser’s legitimate interest, which is the organisation of the Training (Article 6(1)(f) GDPR),
    4. investigation and defence against claims and for archiving purposes – the legal basis is the implementation of the Organiser’s legitimate interest in the investigation and defence against claims and archiving of data (Article 6(1)(f) GDPR),
    5. analysis of interest in the Trainings and their subject matter among professional groups in order to adjust the offer of the Trainings and their scope – the legal basis is the realization of legally justified interest of the Organiser (Article 6(1)(f) GDPR).
  4. The recipients of Participants’ data may be:
    1. entities providing services to the Organiser (i.e. IT and technical support services, accounting services, archiving, digitisation and document destruction services, marketing agencies, external auditors, consulting and legal companies), whereby such entities process data as subcontractors on the basis of an agreement with the Organiser and in accordance with its instructions,
    2. independent external service providers, suppliers, partners (e.g. postal and operational services, financial and insurance services).
  5. The Participant’s personal data provided shall not be transferred to a third country or international organisation.
  6. Participants’ personal data shall be kept for the following periods:
    1. to the extent necessary to perform the contract – for its duration,
    2. in the scope in which personal data are processed on the basis of the Organiser’s legally justified interest – until the expiry of the period of limitation of potential claims.
  7. Every data subject has a right to access their data and a right to correct, delete, limit processing, a right to data portability, a right to object, a right to withdraw consent at any time without affecting the legality of processing which was performed on the basis of consent before its withdrawal (if processing is based on consent) and a right to lodge a complaint to the President of the Office for Personal Data Protection
  8. Providing personal data is a condition for concluding an agreement, the consequence of failing to provide it is impossible to participate in the Training.
  9. Participants’ personal data shall not be used to make automated decisions, including profiling.
  10. Information on the use of cookies is presented in the Privacy and Cookies Policy available at https://ttms.pl/en/legal-notice-and-cookies-policy/

 

  • Final Provisions
  1. The Organiser reserves the right to make changes to the Terms and Conditions. The content of amendments to the Terms and Conditions shall be announced by the Organiser on the Website at least 7 days before the amendments come into force. The amendment to the Terms and Conditions shall come into force within 7 days of its publication. Furthermore, the Participants shall be informed of any change to the Terms and Conditions by sending information to their email address no later than 7 days prior to the effective date of the change to the Terms and Conditions. If within 7 days from the date of delivery of an email message, mentioned in the previous sentence, a person does not inform the Organiser about the lack of acceptance for the change of the Terms and Conditions, he/she becomes bound by the Terms and Conditions in the new wording.
  2. The Terms and Conditions and contractual relations between the Participant and the Organiser shall be governed by Polish law and concluded in the Polish language.
  3. The Terms and Conditions shall come into force on 7 September 2020.