Terms and Conditions EN
REGULATIONS GOVERNING THE PROVISION OF THE SERVICE BY ELECTRONIC MEANS OF COMMUNICATION
OF THE DIY HANDOUTS for English teachers SERVICE
TABLE OF CONTENTS:
§ 1. PRELIMINARY PROVISIONS
§ 2. DEFINITIONS
§ 3. TYPES AND SCOPE OF SERVICES PROVIDED BY ELECTRONIC MEANS OF COMMUNICATION
§ 4. BASIC VERSION AND PREMIUM ACCOUNT
§ 5. CONDITIONS OF THE PROVISION OF THE SERVICE BY ELECTRONIC MEANS OF COMMUNICATION
§ 6. CONDITIONS OF CONCLUDING AGREEMENTS FOR THE PROVISION OF THE SERVICE BY ELECTRONIC MEANS OF COMMUNICATION
§ 7. PAYMENTS AND WITHDRAWAL FROM THE AGREEMENT (PREMIUM ACCOUNT)
§ 8. CONDITIONS OF TERMINATING AGREEMENTS FOR THE PROVISION OF THE SERVICE BY ELECTRONIC MEANS OF COMMUNICATION
§ 9. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
§ 10. COPYRIGHTS
§ 11. RESPONSIBILITY
§ 12. PERSONAL DATA PROTECTION
§ 13. COMPLAINT PROCEDURES
§ 14. FINAL PROVISIONS
1. The relevant law fixing the rights and responsibilities of the Parties is Polish law applicable within the territory of the Republic of Poland.
2. These Regulations has been prepared under the law and international agreements applicable within the territory of the Republic of Poland. The regulations together with the provisions of law regulate the issues concerning the use of the “DIY HANDOUTS for English teachers” Service available at the following address: www.diyhandouts.com.
3. The regulations specify in particular:
a. types and scope of services provided by electronic means of communication,
b. conditions of the provision of the service by electronic means of communication, including: technical requirements necessary for the use of the information and communication system used by the service provider,
c. conditions of concluding agreements for the provision of the service by electronic means of communication,
d. complaint procedures.
4. The Service Operator is Agata Pul running business operations under the business name OUTCOME USŁUGI SZKOLENIOWE AGATA PUL:
a) NIP: 6792899797;
b) REGON: 361203427;
c) ul. Twardowskiego 78A/3, 30-346 Kraków.
5. The electronic address of the Service Operator is: firstname.lastname@example.org
I. General definitions:
1. Pricing – subpage of the Service which contains information about prices for the access to the Premium account of the Service.
2. Cookies — small text files stored in order to keep the User’s session (after logging in) thanks to which the User does not have to enter the username and password on each site, create viewing statistics, present internet adverts tailored for the User’s interests, and create internet surveys secured from repeated voting by the same persons. These files do not store User’s personal data, do not change the configuration of their computer, do not serve for installing or uninstalling any computer programmes, viruses, or trojan, do not interfere with the system's integrity or User's personal data, they are not processed by other internet services any can be removed at any time by the User (For further information please refer to help instructions of your web browser).
3. Consumer — User being a natural person using the Service for the purposes not directly related with their business or professional activity.
4. User Account — set of functions available to registered Service Users after entering their login (e-mail address) and password, allowing them to use the services and resources of the Service.
5. Regulations — these regulations governing the provision of services by electronic means of communication.
6. Service — the “DIY HANDOUTS for English teachers” web service available at the following address: www.diyhandouts.com.
7. Service Provider — Operator of the DIY HANDOUTS for English teachers Service.
8. User — natural person having full capacity to perform legal acts, legal person, and organisational entity which is not a legal person, but to which an act has granted a legal capacity, and which registers on the Service (creates a User Account)
II. Definitions related to the resources of the Service
1. Database of Examples or Database – the database of contents consisting of grammar problems to solve (Examples), available to registered Service Users.
2. Examples – grammar problems/sentences containing elements to solve. By combing Examples, Users create an Exercise.
3. Exercises – grammar exercises, which Users create by themselves by combining Examples available in the Database of Examples.
4. Combined Exercises – sets of Exercises, which Users make by combing the Exercises they have created.
5. Basic version of the Service – limited access to the resources of the Service, which is given to all registered Service Users without paying.
6. Premium account of the Service - unlimited access to the resources of the Service, which is given to all registered Service Users who will purchase one of the paid options offered by the Service Provider.
TYPES AND SCOPE OF SERVICES PROVIDED BY ELECTRONIC MEANS OF COMMUNICATION
1. The Service Provider shall provide its services under the condition of registering a User Account and only to registered Users. Without registering a User Account, only the graphic form of the service and content examples are available. It is also possible to familiarize oneself with these Regulations, and the Policy of Personal Data Protection, which is recommended by the Service Provider.
2. The service provided to the registered Users consists of giving limited or unlimited access to the contents of the Service – in the scope dependent on whether the User has access to Basic version or Premium account.
BASIC VERSION AND PREMIUM ACOUNT
1. The Service has to versions – free of charge (Basic version) and paid (Premium account).
2. Registration is free of charge and it enables access to User Account and Basic version of the Service.
3. Users just after registration may have access only to the Basic version and they are not obliged to make any payments.
4. When using Basic version, the User has access to the following functions:
a) viewing of the contents of the Database of Examples – unlimited;
b) creating own Exercises by combing available Examples – limited to 7 Examples in one Exercise;
c) saving Exercises in doc format, storing and printing created Exercises – 1 Exercise every 24 hours.
5. In order to gain unlimited access to the resources of the Service, the User is obliged to purchase Premium account.
6. When using Premium account, the User has access to the following functions:
a) viewing of the contents of the Database of Examples – unlimited;
b) creating own Exercises by combing available Examples – unlimited;
c) saving Exercises in doc format, storing and printing created Exercises – unlimited;
d) creating Combined Exercises by combining created Exercises. Users can save Combined Exercises in doc or pdf format, store and print them – without limits.
CONDITIONS OF THE PROVISION OF THE SERVICE BY ELECTRONIC MEANS OF COMMUNICATION
1. The condition of the provision of the services set forth in the Regulations is acknowledging and approving all provisions of these Regulations, including the choice of Polish law as the law regulating mutual relations of the parties (the User and Service Provider).
2. In order to use the services provided on the basis of these Regulations, the User shall have:
a. An internet browser: Internet Explorer in version 9.0 or higher or Mozilla FireFox in version 3.0 or higher or Chrome (all versions) or Opera in version 36 or higher, or Microsoft Edge in version 42 or higher,
c. Cookies enabled.
3. Due to the technical requirements of the Service and for one’s own safety, using up-to-date versions of software, in particular internet browsers, is recommended.
CONDITIONS OF CONCLUDING AGREEMENT AND WITHDRAWAL FROM THE AGREEMENT
1. Registration (creating a User Account) shall be voluntary. However, the use of the Service resources shall be possible only after registration. The condition of registration is the acceptance of the provisions of the Regulations in whole.
2. In order to register, it is necessary to click on the “Register” or “Register now” hyperlink and filling in the registration form, which requires checking the box confirming that the User read the Regulations and accepts it, and filling the following fields:
a. first name;
b. last name;
c. e-mail (belonging to the User);
d. password (chosen by the User);
e. re-enter password.
4. After the registration, an activation link will be sent to the e-mail address indicated by the User. Clicking the activation link ends the User registration process and confirms the authenticity of the data provided in the registration form. The moment of finalising the registration is considered the moment of concluding an agreement for the provision of services by electronic means of communication in the scope of access to Basic version, which is free of charge.
5. The conclusion of the agreement for the provision of services by electronic means of communication is equal to making the following statements:
a) I have read and accepted the provisions of the Regulations serving as a basis for the conclusion of the agreement;
b) I start using the services voluntarily;
c) the information provided in the registration forms are true and do not violate any third parties' rights;
d) I agree to the conclusion of the agreement by electronic means of communication;
e) I agree to have my personal data processed, gathered, recorded, stored, adapted, disclosed, and erased by the Service provider in the scope necessary to provide the services by electronic means of communication, in a manner provided for in these Regulations
and a separate Policy on Personal Data Protection (available on the Portal website and made available in the registration process).
PAYMENTS AND WITHDRAWAL FROM THE AGREEMENT (PREMIUM ACCOUNT)
1. Users will not be charged for access to Basic version of the Service.
2. Access to Premium account is paid.
3. Price for access to Premium account is available on the Pricing subpage and will be shown to Users before purchasing the access to Premium account.
4. Acceptance of the price offer brings Users to payments page (available payment options: quick online payments Dotpay, PayPal, and traditional bank transfer).
5. The moment of finalising the payment is considered the moment of concluding an agreement for the provision of services by electronic means of communication in the scope of access to paid Premium account. The service is provided immediately after receiving information from partner operators about making the payment. The Service provider will inform the User about the start of service by email.
6. Access to Premium account is possible in the following options:
a) 1-month access – access active for 30 days
b) 1-year access – access active for 365 days
7. The User who is a Consumer, may not withdraw from the from the contract within 14 days from the date of conclusion as the amount cannot be refunded after downloading the whole Database of examples which the Premium Version allows immediately after activation.
CONDITIONS OF TERMINATING AGREEMENTS FOR THE PROVISION OF THE SERVICE BY ELECTRONIC MEANS OF COMMUNICATION
1. The agreement for the provision of services is concluded for:
a) an indefinite period for Basic version;
b) definite period for Premium account – one month or one year.
2. The registered users may terminate the agreement at any time using the “Delete account” option (If you want to delete your account click here.) available in the Service. The contract will be terminated (and the User Account deleted) with immediate effect after such a request is made.
3. The Service Provider reserves the right to refuse to provide services and/or unilateral termination of the agreement for the provision of services by electronic means of communication with immediate effect when the User violates the provisions of the Regulations in a gross and systematic way or undertakes actions contrary to the purpose of the Service.
4. The termination of the agreement for the provision of services by electronic means of communication by any of the parties, as well as by mutual agreement is equal with blocking the User’s access to the Service resources and deleting User’s personal data from the Service.
The User's personal data may be retained if it is justified by the legal interest of the Service Provider or such an obligation will be imposed on him by the provisions of generally applicable law or by a decision of a court or other state authority.
5. Termination of the contract for the provision of electronic services results in the immediate termination of the license referred to in § 10 para. 2 (to use the content in the Database of examples).
6. Termination of the contract for the provision of electronic services also takes place immediately in the event of the User requesting a complete cessation of the processing of his personal data (the User's Account will be deleted).
7. The termination of the contract for the provision of electronic services also takes place immediately in the event of the User’s request to stop processing his personal data (the User's Account will be deleted).
RIGHTS AND RESPONSIBILITIES OF THE PARTIES
1. The service provider will make every effort to assure that the Service and all services provided through it operate continuously without any interruptions.
2. The service provider reserves the right to intervene in the technical structure of the User
Account in order to diagnose irregularities in the operation of services.
3. The service provider reserves the right to temporarily shut down the entire Service in order to implement improvements, new services, or to perform maintenance, after notifying the Users by a communicate on the homepage of the Service or without such communicate in case of sudden failures.
4. The service provider reserves the right to change, withdraw, suspend, or discontinue any function or feature of the Service at any time after notifying the Users. Premium version users are entitled in this case to demand compensation in the form of lowering the price paid.
5. The User is obliged to keep the User Account password confidential and secure it so that unauthorised persons cannot access it.
6. The User shall agree to all forms of advertisement used in the Service (video, contextual advertising, etc.) and to receiving a newsletter. The newsletter may also contain adverts and commercial information from the Service Provider and its partners.
1. The Service Provider obliges the Users to notify it immediately (e-mail: email@example.com) in case of discovering contents violating copyrights in the Service. These contents will be deleted immediately after receiving relevant information.
2. When concluding the agreement for the provision of services by electronic means of communication, the Service Provider authorises the Users to use the contents of the Database of Examples (license). The authorisation is granted:
a) for a limited time - until the date of termination of the contract for the provision of electronic services connecting the Service Provider and the User;
b) without a territorial limit (whole world);
c) for all known fields of exploitation;
d) with limitation to the purpose of use: only to further use within the Service and to the use by the Users in their individual teaching and educational activities – It is forbidden to reproduce content for purposes other than personal use, to share it with third parties, claim authorship, or use to promote one’s own educational activities.
e) without authorisation to grant further sublicenses - it is not allowed to sell products or services in part or entirely consisting of materials downloaded on the website.
1. The Service Provider reserves that it assumes no responsibility for potential failures and technical breaks in Service operations. The frequency and duration of technical breaks depend on technical needs.
2. The Service Provider assumes no responsibility for damages due to the use of the provided services. In particular, it does not guarantee the correctness of the content proposed in the Example Database.
3. The Service Provider assumes no responsibility for damages due to the User’s hardware malfunctions or its data resources during or in relation with the use of the Service resources.
4. The Service Provider assumes no responsibility for the effects of acquiring access to the User Account by third parties.
5. In the event of third parties making any claims against the Service Provider due to circumstances the User is responsible for, the User undertakes to exclude the Service Provider from responsibility or to make every effort to assure that the Service Provider does not suffer any harm, as well as to intervene in the civil, administrative, or court-administrative proceeding instead of the Service provider or as a participant.
PERSONAL DATA PROTECTION
1. The Service Provider collects only the data necessary for proper provision of offered services, i.e. name, surname, e-mail address, telephone number.
2. The database of Users’ personal data and information receive legal protection. This data is particularly protected and secured against the access of unauthorised persons.
3. The user accepts the processing of his personal data for the purpose of the proper performance of the contract for the provision of electronic services and agrees to their processing for marketing purposes (newsletter sending, information about discounts and other).
4. The Personal Data Protection Policy is an integral part of these Regulations and is available on the DIY Handouts Portal and made available during the registration process.
5. The Personal Data Protection Policy contains a detailed scope of rights and obligations of the parties resulting from the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; repeal of Directive 95/46 / EC (general protection), the Act of 29 August 1997 on the Protection of Personal Data (consolidated text Journal of Laws of 2002, No. 101, item 926, as amended) and the Act of 10 May 2018 about the protection of personal data (Dz.U.2018.1000).
1. Complaints regarding the irregularities of service provision based on the Regulations may be submitted via e-mail to the address: firstname.lastname@example.org
2. Each complaint shall include at least: User’s name and surname, e-mail address to send the response, description of the problem and proposed solution, although it is not necessary to consider the complaint.
3. The complaint shall be considered within 14 days from receipt. The User will be notified about the method for resolving the complaint via e-mail sent to the address it provided.
1. In any matter not covered by these Regulations, relevant provisions of Polish law shall apply.
2. In case of a dispute arising from the performance of the agreement concluded based on
The Regulations, the parties commit to settle it amicably, acting in good faith.
3. If an agreement cannot be reached in a manner provided for in item 2, the competent court for the settlement of the dispute shall be the court competent for the registered office of the Service Provider.
4. The Service Provider reserves the right to amend the Regulations.
The Regulations enter into force on 9/11/2018.