Terms and Conditions
1) GENERAL PROVISIONS
- The owner of the Website is Maciej Kuźmiński, pursuing business activity under the name EMA SZKOLENIA MACIEJ KUŹMIŃSKI/NZOZ STOMATOLOGIA RODZINNA MONIKA I MACIEJ KUŹMIŃSCY entered into the Central Registration and Information on Business of the Republic of Poland, maintained by the minister responsible for the economy, having: the business address and address for service: ul. Szyszkowa 60, 95-020 Kraszew, Poland, Polish tax identification number NIP: 7271151890, Polish business identification number REGON: 471110086 and email address: email@example.com (hereinafter referred to as: "Service Provider").
- The Terms and Conditions are addressed to all persons using the Website unless a specific provision states otherwise. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers, as well as Companies on Consumer Rights to which they are entitled under mandatory provisions of law. In the event of any inconsistency between provisions of these Terms and Conditions and the above laws, those laws shall prevail.
- The terms used in these Terms and Conditions shall mean:
- WORKING DAY – one day from Monday to Friday, excluding public holidays.
- COMPANY ON CONSUMER RIGHTS – a natural person for whom the use of the Website (including the conclusion of the Contract) is directly related to their business activity, when the circumstances indicate that it is not of a professional nature for this person, resulting in particular, from the subject of their business activity, made available on the basis of the provisions of the Central Registration and Information on Business.
- ORDER FORM – Electronic Service, an interactive form available on the Website that allows the User to place an Order, including by adding Training Services to an electronic shopping cart and specifying the terms of the Contract.
- CIVIL CODE – Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).
- ACCOUNT – Electronic Service, a set of resources in the ICT system of the Website, marked with an individual name (login) and password, where the data provided by the User and information on placed Orders and other activities on the Website are collected.
- CONSUMER – natural person for whom the use of the Website is not directly connected to their economic or professional activity.
- NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Recipients who use it to automatically receive cyclical contents of successive editions of a newsletter containing information on Training Services, news and promotions on the Website.
- COPYRIGHT – Copyright and Neighbouring Rights Act of 4 February 1994 (Journal of Laws No. 24, item 83 as amended).
- TERMS AND CONDITIONS – these Terms and Conditions of the Website.
- WEBSITE, PL – website operated by the Service Provider and available at https://endomastersacademy.pl.
- SERVICE CONTRACT, CONTRACT – contract for the provision of Training Services concluded or entered into remotely between the Client and the Service Provider via the Website.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Client via the Website in accordance with the Terms and Conditions.
- TRAINING SERVICES – services consisting in the organisation by the Service Provider of training courses for the Client which are the subject of the concluded Service Contract.
- USER, CLIENT – (1) a natural person with full capacity to perform legal actions, and, in cases provided for by generally applicable laws, also a natural person with limited capacity to perform legal actions; (2) a legal person; and (3) an organisational unit without legal personality, which is granted legal capacity by the act; – using or intending to use the Website and concluding or intending to conclude a Contract with the Service Provider.
- SERVICE PROVIDER – Maciej Kuźmiński, pursuing business activity under the name EMA SZKOLENIA MACIEJ KUŹMIŃSKI/NZOZ STOMATOLOGIA RODZINNA MONIKA I MACIEJ KUŹMIŃSCY entered into the Central Registration and Information on Business of the Republic of Poland, maintained by the minister responsible for the economy, having: the business address and address for service: ul. Szyszkowa 60, 95-020 Kraszew, Poland, Polish tax identification number NIP: 7271151890, Polish business identification number REGON: 471110086 and email address: firstname.lastname@example.org.
- CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827 as amended).
- ORDER – the Client’s declaration of intent made via the Order Form and aimed directly at concluding a Contract with the Service Provider.
2) GENERAL CONDITIONS OF USING THE WEBSITE
- The User is obliged to use the Website for its intended purpose and in accordance with these Terms and Conditions, in a manner consistent with the law and good practice, respecting the personal rights and copyrights and intellectual property of the Service Provider, other Users and third parties. The User is obliged to enter factually correct information. The User is prohibited from providing unlawful content. The User is prohibited from using the Website to send unwanted commercial information (spam).
- The possibility to create an Account on the Website and to use the Training Services is available to a person who has the right to practice dentistry, is a trainee, hygienist, dental assistant or other person connected with the functioning of dental practice.
- The Service Provider complies with Article 14(1) of the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended), according to which: the person who, providing access to the resources of the ICT system for the purpose of storing data by the User, is not aware of the unlawful character of the data or activities related to them, is not responsible for the stored data, and in the case of receiving an official notice or obtaining reliable information on the unlawful character of the data or activities related to them immediately prevents access to such data.
3) PLACING AN ORDER, CONCLUDING A SERVICE CONTRACT
- Detailed information on Training Services provided by the Service Provider, including the scope, place and date of their provision, shall be given to the Client on the Website, in particular, in the description of a given service before the Order is placed.
- The prices of Training Services displayed on the Website are shown in Polish zloty (PLN). The Client shall be informed of the total price of the service, including applicable taxes, as well as other possible fees – and when their amount cannot be determined, at least of the obligation to pay them – at the latest before placing an Order, including at the moment of expressing the will to be bound by the Service Contract.
- Normally, the conclusion of the Service Contract between the Client and the Service Provider takes place as follows:
- the conclusion of the Service Contract between the Client and the Service Provider is possible after logging into the Account and placing an Order for Training Services by the Client using the Order Form in accordance with point 7.8 of the Terms and Conditions.
- Placement of an Order shall be confirmed by an automatic email sent from the IT system of the Website to the email address provided by the Client during the placement of the Order.
- The Service Provider confirms the acceptance of the Order to the Client by sending an appropriate email message containing at least the Service Provider’s statement of acceptance of the Order and confirmation of conclusion of the Service Contract. Upon receipt by the Client of the above email, the Service Contract between the Client and the Service Provider is concluded.
- In exceptional cases, the Service Provider may make it possible to conclude the Service Contract by phone or email.
- Regardless of the method of concluding the Service Contract, to the extent not regulated by the Client and Service Provider, these Terms and Conditions shall apply, and the Contract itself shall always be concluded in accordance with generally applicable laws, in particular, the Civil Code – in the case of an offer procedure as a result of accepting the offer by the other party, and if negotiations (arrangements) are conducted in order to conclude the Contract, then when the parties come to an agreement on all its provisions which were the subject of the negotiations (arrangements).
- The content of the concluded Service Contract is recorded, secured and made available to the Client by (1) making these Terms and Conditions available on the Website and (2) sending the Client an email with a confirmation of acceptance of the Order, as specified in point 3.2 of the Terms and Conditions. The content of the Contract is additionally recorded and secured in the data communications system of the Website.
- The Service Provider may provide an opportunity to subscribe to a package of Training Services at a reduced price under a single Service Contract.
- Packages may be made available for a definite or indefinite period of time. In the case of a package made available for an indefinite period of time, the Service Provider may cancel or suspend the reduced price for a given package by informing about it on the Website in the description of a given package. The cancellation or suspension shall not affect Service Contracts already concluded.
4) CONDITIONS OF PROVIDING TRAINING SERVICES
- Training Services shall be provided in accordance with the provisions of point 4. of these Terms and Conditions and in accordance with the training programme indicated to the Client on the Website before the Order is placed.
- The Service Provider shall use due diligence to ensure that the Training Services are performed correctly, reliably and in accordance with the applicable standards.
- The Service Provider may use assistants and subcontractors in the organisation of training courses, the selection of which shall be decided by the Service Provider himself.
- Additional arrangements between the Client and the Service Provider prior to the commencement of the Service Provider’s services may also be necessary for the proper performance of the Training Services. In this case, the services are provided under the conditions agreed in detail between the Client and the Service Provider, in particular, at the time and place agreed by the parties after the conclusion of the Contract.
- The subject of the Training Services is normally the organisation of a training course on a subject selected by the Client. Depending on the arrangements made and the type of training, training courses may be organised both on-site and online (by means of electronic communication). Training workshops are conducted in the following forms: theoretical lecture, demonstration, practical exercises, webinars.
- In the case of on-site training, the Client confirms their presence at the training by signing the attendance list.
- Unless the Contract provides otherwise, the price of Training Services paid by the Client includes only the cost of organising the training (including the cost of the training materials and the Client’s participation certificate), excluding the costs of the Client’s transport and accommodation. In the case of online training, the Client shall also be obliged to bear the costs of data transmission required to participate in the training.
- The Client may resign from the Training Services without giving any reason and without incurring costs by giving notice to the Service Provider by email at least 40 Business Days before the agreed date of the training course.
- In the event of a subsequent cancellation, the Client is obliged to reimburse the Service Provider for the expenses already incurred for the organisation of the training course and to pay the remuneration corresponding to the activities already performed by the Service Provider. If the cancellation occurs without a valid reason that justifies the need to cancel the training, the Client shall also compensate the Service Provider for the damage suffered on general terms.
- If before the organisation of the training course there is a cancellation by the Service Provider for reasons for which the Client is not responsible, or the Contract is terminated or expires for reasons beyond the control of either party (in particular, force majeure events), the Client is entitled to a full refund of the costs paid.
- If the training is not carried out on the agreed date for reasons attributable to the Service Provider (e.g. due to accidents, etc.), the Service Provider undertakes to ensure that the training is organised on another date agreed with the Client. The Service Provider undertakes to inform the Client of any anticipated changes immediately by sending an email to the Client’s address as provided in the Order or by sending a text message to the telephone number provided by the Client. If the Service provider’s proposal is not accepted, the Client shall be entitled to a refund of the payment for the training course not carried out.
- The provisions of this point 4. of the Terms and Conditions do not exclude or limit the mandatory statutory rights of a Client who is a Consumer (and from 1 January 2021 to Contracts concluded from that date – also of a Client who is a Company on Consumer Rights).
5) METHOD AND DATE OF PAYMENT FOR TRAINING SERVICES
- The Service Provider provides the Client with the following methods of payment for the Contract:
- Electronic payment (fast transfer) or payment by credit card via Przelewy24.pl in the amount of 100% of the price of the Training Services.
- Electronic payment (fast transfer) or payment by credit card via the Przelewy24.pl website – advance payment in the amount of 20% of the price of training services and the remaining part of the price within the period indicated in point 5.2.b. This method of payment is only available for training courses taking place later than 40 days from the date of the Client’s Order.
- Payment term:
- In the case of payment of 100% of the price or an advance of 20% of the price, the Client must make payment within 72 hours of placing the Order.
- In the case of the remaining 80% of the price after the advance payment, the Client must make the payment no later than 40 days before the start of the training.
- The Service Provider may provide discount codes reducing the price of the Training Services, which may be used prior to the purchase of the Training Services, via the Website, the Service Provider’s Social Media, the Newsletter and other email messages.
- Discounts resulting from discount codes are not cumulative.
- In case of unlimited discount codes, the Service Provider may cancel or suspend the validity of a given discount code by informing about it on the Website. The cancellation or suspension shall not affect the discount codes already used.
- The Website operates a discount system called Loyalty Programme which operates in accordance with the following principles:
- Each registered User of the Website receives a unique reference link which they can share with an interested person. When the person using the link visits the Website and registers (in the same session), information about a new pending voucher appears on the referring User’s account. Each person registered from the link means one coupon worth PLN 100. The coupon becomes active the moment the person using the link makes a payment for any training.
- A referring user can use any number of active coupons to sign up for training or package with a discount.
- Discounts resulting from coupons within the loyalty programme can be combined with each other and with one active discount code.
- The referring user does not receive information from whom they received the coupon.
- The Service Provider reserves the right to cancel or suspend the Loyalty Programme by informing about it on the Website.
6) COPYRIGHTS TO THE CONTENT OF THE SERVICE PROVIDER
- The content and materials made available as part of the Training Services may be subject to Copyright (work). The Client’s use of the Service Provider’s content which constitutes a work within the meaning of the Copyright Law and is therefore subject to the protection of the Copyright Law is possible only for non-profit purposes, for the Client’s own use, within the scope of these Terms and Conditions and the provisions of the Copyright Law.
- The Client does not receive ownership of any copyright in any content and material displayed, reproduced or otherwise made available to the Client as part of the Training Services. The Client is specifically prohibited from recording such content and materials by any technique and from distributing and marketing them in any form. The Client is not entitled to copy the content and materials made available to them, except as permitted by mandatory law.
- Copyright and intellectual property rights to the Website as a whole and its individual elements, including content, graphics, works, designs and signs available within its scope, belong to the Service Provider or other authorised third parties and are protected by the Copyright Act and other provisions of generally applicable law. The protection granted to the Website covers all forms of their expression.
- Service Provider’s and third parties’ trademarks shall be used in accordance with applicable laws.
- In case of any doubt, it is assumed that the Client using the Website does not obtain any copyrights to the materials (including text and graphic content) to which they gain access when using Electronic Services.
7) ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE
- Every User may use Electronic Services under the conditions specified in the Terms and Conditions.
- The following Electronic Services are available on the Website: Account, Order Form and Newsletter.
- The use of the Account is possible after completing three consecutive steps by the User – (1) filling in the Registration Form, (2) clicking on "Register Account" and (3) . The following information must be provided by the User in the Registration Form: first and last name, email address, academic title, address, professional licence number, Tax Identification Number or PESEL, and password.
- The User is obliged to update their data provided through the Account on an ongoing basis in case of any changes.
- The User is prohibited from having more than one Account on the Website at the same time.
- The User is obliged to keep the access data to the account secret from third parties. The User is prohibited from granting access to the Account to other persons, including through rental or lending.
- The Electronic Service concerning the Account is provided free of charge for an indefinite period of time. The User may, at any time and without giving reasons, delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular, via email to: email@example.com.
- The use of the Order Form begins when the User adds the Training Service to the electronic shopping cart available on the Website. The Order is placed once the User completes two consecutive steps – (1) filling in the Order Form available on the Endomastersacademy.pl website and (2) clicking on the "Register for Training" field – until this point, it is possible to modify the data entered (for this purpose, follow the messages displayed and the information available on the website).
- The Electronic Service concerning the Order Form is provided free of charge and has a one-time character. The use of the Order Form shall end at the moment of submitting the Order via the Order Form or at the moment of prior discontinuation of submitting the Order via the Order Form by the User.
- Using the Newsletter is possible after providing in the Newsletter tab on the Website the email address to which the next edition of the Newsletter should be sent and clicking on the action field.
- The Electronic Service concerning the Newsletter is provided free of charge for an indefinite period of time. The User may, at any time and without giving reasons, cancel their subscription to the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular, via email to: firstname.lastname@example.org.
- Any complaints and other submissions concerning Electronic Services and the manner of functioning of the Website may be made by email to the email address of the Service Provider: email@example.com. The Client should provide their contact details and brief information concerning the reported technical problem or other irregularity. The Service Provider undertakes to respond to the received notification within 14 calendar days of its receipt.
8) CONTACT WITH THE SERVICE PROVIDER
The main form of remote communication with the Service Provider is the contact form available on the Website and electronic mail (email: firstname.lastname@example.org), through which information concerning the use of the Website may be exchanged with the Service Provider. Clients may also contact the Service Provider in other ways permitted by law, using its contact details indicated at the beginning of these Terms and Conditions.
- The basis and scope of the Service Provider’s liability towards the Client, if the provided Training Services are incompatible with the concluded Contract, are determined by generally applicable laws, in particular, the Civil Code.
- Any complaints regarding Contracts concluded with the Service Provider can be submitted directly to the Service Provider, for example via email (email: email@example.com).
- The Service Provider recommends the following to be provided in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular, the type and date of occurrence of the irregularity; (2) expectations of the Client; and (3) contact details of the complainant – this will facilitate and accelerate the processing of the complaint. The requirements specified in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint; however, they may affect the Service Provider’s final decision on the assessment of the legitimacy of the complaint.
- The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
10) STATUTORY RIGHT OF WITHDRAWAL
- The following point 10. of these Terms and Conditions and the provisions contained therein are applicable to Users who are Consumers.
- The right of withdrawal from the contract concluded at a distance does not apply to the Consumer and with regard to the Service Contract if the Service Provider has performed the Training Service in full with the express consent of the Consumer who has been informed before the provision of services that after the performance by the Service Provider they will lose the right to withdraw from the contract.
- Subject to point 10.2 of these Terms and Conditions, a Consumer who has concluded a remote contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs referred to in point 10.4 of these Terms and Conditions. To meet the deadline, it is sufficient to send a statement to the Service Provider before its expiry in accordance with the contact details specified at the beginning of the Terms and Conditions. A Consumer may use a model form of withdrawal from a contract, which constitutes Attachment No. 2 to the Act on Consumer Rights, but it is not obligatory.
- In the case of purchase of services, the performance of which – at the express request of the Consumer – began before the expiry of the deadline for withdrawal from the contract, the Consumer who exercises the right to withdraw from the contract after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating that amount shall be the market value of the service rendered.
- The period for withdrawal from the Service Contract shall start from the day of the contract conclusion.
- The provisions contained in point 10. of these Terms and Conditions concerning the Consumer shall apply from 1 January 2021 for contracts concluded from that date onwards also to the Client who is a Company on Consumer Rights.
11) OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
- The following point 11. of these Terms and Conditions and the provisions contained therein shall apply only to Users who are Consumers.
- Detailed information on the possibility of using out-of-court complaints and redress procedures by the Consumer and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
- The Consumer has the following examples of out-of-court complaint and redress procedures: (1) a request for dispute resolution to an amicable consumer court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (for more information, see the website of the inspector competent for the place of business of the Service Provider); and (3) the assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (for example Federation of Consumers, Association of Polish Consumers).
- A platform for online dispute resolution between consumers and traders at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online contract.
12) ADDITIONAL PROVISIONS
- The following point 12. of these Terms and Conditions and all provisions contained therein are addressed to and thus binding exclusively on the User who is not a Consumer, and from 1 January 2021 for contracts concluded from that date onwards, on the User who is also not a Company on Consumer Rights.
- The Service Provider is entitled to withdraw from the contract concluded with the Client within 14 calendar days from the date of its conclusion. In this case, the withdrawal may be made without giving any reason and does not give rise to any claims by the Client against the Service Provider.
- The Service Provider is entitled to limit the available methods of payment, including the requirement of prepayment in full or in part, regardless of the method of payment chosen by the Client and the fact of concluding the contract.
- The Service Provider is entitled to take steps at any time to verify the truthfulness, reliability and accuracy of the information provided by the Client, in particular, information provided during the Order placement process. The Service Provider is entitled to request the Client to send a scan of certificates, attestations or other documents necessary for the verification. During the verification referred to in the previous sentence, the Service Provider is entitled to suspend the execution of the Order placed by the Client and suspend the Account for the duration of the verification.
- The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending the appropriate statement to the Client.
- Any delay or non-performance of the contract by the Service Provider shall not constitute grounds for the Client to withdraw from the contract or claim compensation for damages or other equivalent payments if the non-performance or improper performance of the contract is due to factors for which the Service Provider is not responsible and to which he did not contribute.
- The Service Provider shall not be liable to the Client for damages and non-performance of obligations resulting from force majeure events (e.g. hacking attacks, natural disasters, epidemics, wars, riots, unrest, floods, fires) or any other causes beyond the Service Provider’s reasonable control.
- The Service Provider’s liability to the Client, irrespective of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the costs paid under the Service Contract and, in the absence of a Contract, to no more than one thousand Polish zlotys. The limitation of the amount referred to in the preceding sentence shall apply to all claims made by the Client against the Service Provider, including in the absence of a Service Contract or unrelated to it. The Service Provider shall only be liable to the Client for typical damage foreseeable at the time of conclusion of the Contract, caused by intentional fault or gross negligence. The Service Provider shall not be liable to the Client for lost profits.
- In case of cancellation of the Training Services less than 5 working days before the agreed date of the training, the Service Provider may charge the full costs of participation.
- The Service Provider reserves the right to change the venue where the training will be organised, as well as the trainer, which shall not give rise to any claims by the Client against the Service Provider.
- The Service Provider reserves the right to cancel a training course or postpone it if a sufficient number of participants is not reached. The Service Provider has the right to cancel the planned date of a training course also in the case of unforeseen circumstances, such as weather conditions, sudden incapacity of the trainer, sudden unavailability of the training venue. The cancellation or rescheduling of a training course for the reasons referred to in the following section of these Terms and Conditions shall not give rise to any claims by the Client against the Service Provider.
- Any disputes arising between the Service Provider and the Client shall be submitted to the competent court for the seat of the Service Provider.
13) FINAL PROVISIONS
- Contracts concluded through the Website are concluded in the Polish language.
- The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, such as: changes to the law; changes to methods and dates of payment; changes to the scope of services provided; the addition or removal of services; the introduction of new fees for using services or the increase of current fees – to the extent that these changes affect the implementation of these Terms and Conditions.
- Changes to these Terms and Conditions shall not in any way affect the rights acquired by the Clients before the effective date of the changes to the Terms and Conditions, in particular, the changes to the Terms and Conditions shall not affect Orders already placed or submitted as well as Contracts concluded, executed or performed.
- In the case of conclusion of continuous contracts under these Terms and Conditions (e.g. contract for the use of Electronic Services concerning the Account or Newsletter), the amended Terms and Conditions shall be binding upon the Client if the requirements specified in Article 384 and 384 of the Civil Code have been met, i.e. the Client has been duly notified of the amendments and has not terminated the contract within 15 calendar days from the date of notification. If the amendment of the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Client who is a Consumer (and from 1 January 2021 for contracts concluded from that date onwards also the Client who is a Company on Consumer Rights) has the right to withdraw from the contract.
- In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); Consumer Rights Act; Copyright Law and other applicable provisions of commonly binding law.
Thank you for your attentive reading!
Should you have any questions, we are always at your disposal – please contact us using the details provided in the introduction.
We look forward to working with you,