Terms and conditions

Terms and conditions of using drivingtest.portalnaukijazdy.pl services

I. General provisions

The terms used in this agreement shall be understood as follows:
- Operator - SPH CREDO Sandra Boguslawska, address: Al. Wojska Polskiego 43, 64-920 Pila, NIP: 764-269-64-61, REGON: 382128244
- 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.
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.
The terms and conditions constitute an integral part of the agreement.
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.
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

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.
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.
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.
The Customer shall not be entitled to make the Service available to third parties.
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.
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.
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

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.
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
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.
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
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

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.
The Customer shall be obliged to protect their password to access the Service and not make it available to any third parties.
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.
The Customer might not get redirected to the Service from other websites without the Operator's consent.
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

The provisions of this paragraph apply only to contracts concluded with Consumers.
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.
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

Any complaints shall be reported at the address bok@sphcredo.pl.
A complaint should include a detailed description of a given event that constitutes grounds for it and the Customer's claims.
The Operator shall recognize a claim within 10 working days from the day of reporting it
A customer with the status of a Consumer (within the meaning of Article 221 of the Civil Code) may, after completing the complaint process, if the dispute is not completed, use the out-ofcourt dispute resolution via the platform available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL At the same time, the Seller declares that he refuses to participate in such proceedings.

VIa. Out-of-court ways of dealing with complaints and redress

The consumer may use an out-of-court complaint dispute resolution. Detailed information in this regard can be obtained from poviat consumer ombudsmen and social organizations, which in the scope of their tasks and goals are to protect consumer rights and the website of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php.
The consumer may obtain free assistance in resolving an individual dispute between the Consumer and the Seller, using free legal assistance from the municipal or poviat consumer ombudsman or a social organization whose statutory tasks include consumer protection, including Consumer Federation - website address: www.federacja-konsumentow.org.pl.
In resolving individual disputes and consumer complaints related to the transaction, it is also helpful, inter alia, Delegation of the Provincial Inspectorate of Trade Inspection in Piła, 64-920 Piła, ul. Dzieci Polskich 26 tel. 67 212 37 10, fax 67 212 37 10, d.pila@poznan.wiih.gov.pl The Trade Inspection is an entity authorized to conduct proceedings regarding out-of-court resolution of consumer disputes. The tasks of the Trade Inspection in the scope of conducting proceedings regarding out-of-court settlement of consumer disputes as well as organizing and running permanent arbitration courts are performed by the locally competent provincial inspectors of the Trade Inspection. The list of all provincial inspectors of the Trade Inspection and permanent arbitration courts, together with the addresses of their websites, can be found on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl/wazne_adresy.php
The consumer may, inter alia, use the out-of-court settlement of the dispute between the consumer and the seller by: 1) requesting the provincial inspector of the Trade Inspection to initiate proceedings for an out-of-court settlement of the dispute between the Consumer and the Seller by enabling the parties to approximate their positions in order to resolve the dispute by its parties or to present the parties with a proposal to resolve the dispute, 2) is entitled to apply to the permanent arbitration court operating at the voivodeship inspector of the Trade Inspection with a request to settle the dispute arising from the concluded sales contract.
The list of institutions dealing with out-of-court resolution of consumer disputes along with information on the type of cases dealt with by individual entities is available on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl
The consumer also has the option of using the platform of the online consumer dispute resolution system (European ODR platform), in accordance with the Regulation of the European Parliament and of the Council (EU) No. of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (WE) no 2006/2004 and directive 2009/22/WE (Regulation on ODR in consumer disputes). The European ODR platform is to facilitate independent, impartial, transparent, effective, fast and fair out-of-court settlement of disputes online between consumers and entrepreneurs regarding contractual obligations arising from online sales contracts or contracts for the provision of services concluded between consumers living in the European Union and entrepreneurs based in European Union. Below is an electronic link to the ODR platform ec.europa.eu/consumers/odr
The use of the available extrajudicial means of dealing with complaints and redress is possible after the end of the complaint procedure and is voluntary - both parties must agree to the procedure.

VII. Copyright

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

The administrator of personal data is SPH Credo. Full details of the personal data administrator: SPH Credo Sandra Bogusławska, based in Piła, 64-920 Piła, al. Wojska Polskiego 43, number NIP 764-269-64-61, REGON: 382128244.
SPH Credo Sandra Bogusławska as the data controller guarantees the protection of personal data and the processing of personal data in accordance with the RODO.
Users' personal data are processed on the basis of art. 6 sec. 1 lit. b) RODO for purposes related to enabling the use of services provided electronically by the Service Provider and their proper performance, in particular for the conclusion and implementation of the contract for the provision of a given Service, execution of orders, (accounting) settlement, consideration of a complaint in the event of its submission, clarification of the circumstances of the unauthorized using the Service, as well as for archiving purposes, contact or possible redress. Personal data may also be processed for purposes arising from the legitimate interests of SPH Credo Sandra Bogusławska, i.e. pursuant to art. 6 sec. 1 lit. f) RODO, traditional (paper) marketing of own products and services.
The basis for the processing of personal data may be consent (pursuant to Article 6 (1) (a) of the RODO) - if it has been granted. Personal data obtained as a result of granting consent are processed for the purposes resulting from its content (e.g. to direct marketing content in an electronic form, by phone). The consent granted may be withdrawn by the User at any time. The User's discontinuation of the Services does not automatically lapse the validity of the consents granted.
Personal data may be processed in an automated manner, including in the form of profiling. The consequence of profiling will be assigning a profile to the User in order to conduct analyzes or predict his preferences, behaviors, attitudes and adjust the information provided as a result of using the Service to the needs of Users.
Providing personal data is voluntary, but necessary for the performance of the Service. Actions taken by the User, which will result in the Website being deprived of the right to process the User's personal data, may result in the Website's inability to provide the Services
Personal data may be disclosed to employees or associates of the Website, as well as to entities providing support on the basis of outsourced services and in accordance with the concluded contracts for entrusting personal data for processing.
Personal data processed for purposes related to the use of the Services are processed during the period of using the Services and after the completion of the provision of the Services until any claims are time-barred. For tax and accounting purposes, personal data is processed for a period of 6 years from the date of providing the Website justifying the tax and accounting settlements.
The user has the right to access their personal data and the right to rectify, delete, limit processing, the right to transfer data, the right to object, and in the case of processing personal data on the basis of consent, the right to withdraw consent at any time, without affecting the current compliance lawful processing.
If it is found that the processing of personal data violates the provisions of the RODO, the data subject has the right to lodge a complaint with the President of the Personal Data Protection Office.
The Customer should send all correspondence regarding the implementation of the Service to the Operator's e-mail address: info@testy.portalnaukijazdy.pl

IX. Final provisions

The operator reserves the right to change the regulations.
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.
The terms and conditions enter into force on Februar 21th 2019.