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Terms of Use

I. DEFINITIONS

  1. Contact form – a form available on the website https://cqureacademy.com/contact/ that allows you to send a message to the Service Provider.
  2. Client – person who uses the functionality of the Store intends to conclude or has concluded a Contract with the Service Provider, including a Consumer or Entrepreneur on the rights of a Consumer.
  3. Consumer – a natural person who makes a legal transaction with an entrepreneur that is not directly related to his economic or professional activity.
  4. Payment Operator. The designated entities that are payment institutions with which the Service cooperates in handling payments under the Agreement (e.g., PayPal (Europe) S.à r.l. & Cie, S.C.A with registered office at L-1150 in Luxembourg or others).
  5. Entrepreneur on the rights of a consumer – a natural person who uses the functionality of the Store and intends to conclude a Contract with the Service Provider, directly related to his/her business, when the content of this contract indicates that it is not of a professional nature for him/her, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
  6. Training – goods available in the Store with digital elements, digital content or digital service, which is the subject of the Agreement between the Client and the Service Provider.
  7. Regulations – these regulations of the Store.
  8. Store – the Service Provider’s store operating at cqureacademy.com
  9. Service Provider CQURE AG, Bahnhofstrasse 21, 6300 Zug, Switzerland
  10. Agreement- Agreement for the sale of Training concluded between the Client and the Service Provider through the Store.
  11. Electronic Service – a service provided electronically by the Service Provider to the Customer through the Store .
  12. Customer – a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the Electronic Service.
  13. Order – the Customer’s statement of intent constituting an offer to conclude a Training Agreement with the Service Provider.
  14. Customer Content – data or information produced or provided by Customers in the course of using the Service Provider’s Store, which fulfill the definition of indirect services indicated in the Regulation of the European Parliament and of the Council of October 19, 2022 – Digital Services Act (DSA), including ratings, opinions, comments about Training, Store m or the Service Provider
  15. Lowest price of 30 days prior to the reduction – The term indicated next to the Training indicating information about the lowest gross price expressed in a given currency that was in effect during the period of 30 days prior to the introduction of the price reduction for this File, or during the period from the date of commencement of offering this Training for sale until the date of introduction of the reduction, if the Training in question is offered for sale during a period of less than 30 days.

II. USE OF THE STORE

  1. These Regulations set out the rules for the use of the store available at cqureacademy.com
  2. Information about Training provided in the Store, in particular, their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of the Civil Code.
  3. Training prices shown in the Store are gross prices and include all price components.
  4. The price of Training which is shown together with the lowest price from 30 days before the reduction.
  5. The price of the Training shown on the Store’s website is binding at the time the Customer places the Order.
  6. Orders can only be placed online.
  7. Prices will be expressed in Euros, Dollars or Swiss Francs.
  8. As a prerequisite for placing an Order in the Store m by the Customer, it is necessary to read the Regulations and accept their provisions at the time of placing the Order.
  9. The Client is obliged to immediately inform the Service Provider of his decision. The execution of the Order will be withheld until the information is received from the Client.
  10. In the event of withdrawal from the Contract or if the Service Provider cancels the execution of the Contract for reasons beyond the Client’s control, the Client shall be entitled to an immediate refund of the entire amount paid to the Service Provider.

III. PLACING AN ORDER AND CONCLUDING A CONTRACT

  1. The Contract of Sale is concluded at the moment when the Customer places the Order (clicking the button “Order with obligation to pay” or any other of similar meaning) and then proceeds in accordance with the instructions provided on the order page in the Store, unless otherwise indicated in the description of the Training in the Store. If, at the express request of the Client, the performance of the service is to begin before the expiration of the withdrawal period, the Service Provider requires the Client to make a statement:
    • containing such an explicit request
    • That he/she has taken note of the information that he/she has lost the right to withdraw from the Contract upon its full performance by the Service Provider
  1. Once an Order is placed, the Service Provider shall immediately confirm its receipt and acceptance of the offer, by sending an e-mail to the address indicated by the Client in the Order Form.
  2. Confirmation of receipt of the Order includes:
    • Confirmation of all essential elements of the Order,
    • Instruction on the right to withdraw from the Agreement or information about the Customer’s consent to the delivery of digital content in circumstances that cause the loss of the right to withdraw from the Agreement.
  1. Each Contract of Sale will be confirmed by the corresponding proof of purchase, which will be sent by e-mail to the Customer’s e-mail address provided in the Order Form.
  2. The Service Provider shall deliver the Training to the Client immediately after the conclusion of the Agreement and the posting or confirmation of the payment of the price of the Training by the Client.

IV. PAYMENTS

  1. The Service Provider allows you to pay for the Order through the payment methods available at [XXX].
  2. After completing the Order in the Store m, in order to complete it, including payment, after clicking on the appropriate button, the Customer will be redirected to the appropriate sub-page [XXX].
  3. In the case of payment through an electronic payment system, the Customer makes payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected payment institutions such as PayPal.
  4. The service will be provided only after it has been paid for.

V. WITHDRAWAL

  1. The Customer has the right to withdraw from the Contract without giving any reason within 14 days from the date of conclusion of the Contract, subject to the exceptions provided for in the Regulations.
  2. In order to exercise the right to withdraw from the Contract, the Client must inform the Service Provider of his decision.
  3. In order to withdraw from the Contract, the Customer may use the model withdrawal form attached to the Regulations.
  4. In order to comply with the withdrawal period, it is sufficient for the Client to send to [XXX] or the Service Provider’s address the information concerning the withdrawal from the Contract before the expiry of the withdrawal period.
  5. The Service Provider will return to the Client all payments received from the Client immediately, but no later than 14 days from the day on which the Service Provider was informed of the withdrawal from the Contract.
  6. The Service Provider will refund the payment using the same payment methods used by the Customer to pay for the Order, unless the Customer has agreed otherwise.
  7. The customer’s right of withdrawal from a contract concluded at a distance does not apply to contracts:
    • for the provision of services for which the Client is obliged to pay the price, if the Service Provider has performed the service in full with the express consent of the Buyer, who was informed before the start of the service, that after the performance by the Service Provider will lose the right to withdraw from the contract and has accepted this;
    • provision of digital content, not delivered on a tangible medium, for which the Client is obliged to pay the price, if the performance has begun with the express and prior consent of the Client, who has been informed before the start of the performance that after the performance by the Service Provider will lose the right to withdraw from the contract, and has accepted this, and the Service Provider has provided confirmation to the Client.
  1. Both the Service Provider and the Client have the right to withdraw from the Contract.
  2. A businessman in the rights of a consumer is covered by the protection provided by the relevant laws, provided that the Contract or contracts for the provision of Electronic Services that he concludes with the Service Provider are not of a professional nature.
  3. The business person referred to in paragraph 9 above is covered only to the extent:
    • prohibited contractual provisions – so-called abusive clauses,
    • Warranty liability for physical and legal defects Training
    • The right to withdraw from a contract concluded at a distance.
  1. The entrepreneur referred to in paragraph 9 above loses his rights under consumer protection if the Contract he has concluded with the Service Provider is of a professional nature, which results in particular from the subject of the business activity performed by this entrepreneur, made available on the basis of the provisions on the Central Register and Information on Business Activity.

VI. PROVISION OF ELECTRONIC SERVICES

  1. The Service Provider allows through the Store to use functionalities such as:
    • purchase of Training
    • sending a message through the Contact Form.
    • possibility to add comments
    • newsletter
  1. Provision of Electronic Services to the Store’s Service Recipients is carried out under the terms and conditions specified in the Regulations.
  2. The Service Provider has the right to post advertising content on the Store’s website. This content, is an integral part of the Store and the materials presented therein.
  3. The period for which the Agreement is concluded is limited to the period in which the Training is or can be provided by the Client.

VII. ADVERTISEMENTS

  1. The Service Provider shall be liable for the lack of compliance of the Training with the Delivered Contract, which existed at the time of its delivery and became apparent within two years from that time.
  2. Any Customer may file complaints regarding the non-conformity of the purchased Training with the contract. Complaints should be submitted exclusively:
    • By e-mail – to the address: info@cqureacademy.com
    • via the contact form available at https://cqureacademy.com/contact/
    • by mail – to the Service Provider’s address
  1. The complaint must include the reason for the complaint and the customer’s request
  2. The complaint will be resolved within 14 days of receipt. The Service Provider will inform the Client about the resolution of the complaint – by e-mail – to the e-mail address from which the complaint was sent; by letter – according to the address provided by the Client in the complaint submitted by letter.
  3. At http://ec.europa.eu/consumers/odr, the Client has the opportunity to use the EU online platform (ODR platform) to submit a dispute with the Service Provider for electronic dispute resolution. The ODR platform is a multilingual, interactive website for serving consumers residing in the European Union and businesses located in the European Union seeking out-of-court resolution of disputes arising from the conclusion of an online sales contract or service contract between them.
  4. Detailed information on the possibility for the Customer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of county (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following addresses mi of the Office of Competition and Consumer Protection:
    https://uokik.gov.pl/pomoc-dla-konsumentow
    https://polubowne.uokik.gov.pl/
    https://uokik.gov.pl/stale-sady-polubowne

VIII. CLIENT RESPONSIBILITIES. CONTENT PUBLISHING BY THE CLIENT

  1. The customer is obliged to:
    • use the Store in a manner consistent with the law and good morals
    • Entering data in accordance with the facts;
    • to refrain from posting unlawful content;
  1. The Service Provider reserves the right to monitor the content posted on the Store by Service Recipients and to take actions and decisions to remove such content in accordance with the Regulations or the law.
  2. Within the Store, the Service Provider provides Customers with the opportunity to evaluate the Training in a descriptive form – testimonial.
  3. Only the Customer who purchased the Training in question is entitled to the rating.
  4. The opportunity to give feedback is not limited in time.
  5. The sole responsibility for the content of the testimonial lies with its author.
  6. The service provider does not interfere with the content of evaluations, but reserves the right to remove or block them if the content of the evaluation violates the provisions of these Regulations or applicable laws.
  7. Once an opinion is posted in the Store, its author gives irrevocable, time-limited consent to the publication of the evaluation in whole or in part in the Store or in the Service Provider’s social media channels.
  8. Any person may make a notification to the Service Provider of Customer Content that is illegal within the meaning of the Regulation of the European Parliament and of the Council (EU) 2022/2065 Digital Service Act, The notification may be made by e-mail to the following address: info@cqureacademy.com. The notification should include:
    • Indicate the exact content and reasonably explain why the person or entity in question alleges that the Customer Content constitutes illegal content;
    • the name and e-mail address of the person or entity making the notification

IX. TERMINATION

  1. The Service Provider may terminate the Agreement and remove the Client if:
    • Client commits – by using the Training, actions that are inconsistent with applicable laws or that violate the rights or legally protected interests of third parties/entities or Service Provider,
    • Customer has not used any Services for more than 3 years.

In any of the above cases, before removing the Client, the Service Provider will send information to the email address provided by the Client about the planned termination of the Agreement and removal of the Client.  

The service provider retains all claims under the law.

X. FINAL PROVISIONS

    1. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:
    • A computer (or mobile device) with Internet access,
    • email access,
    • web browser,
    • Enabling Cookies and Javascript in your web browser.
    1. The contents of the Store are the exclusive property of the Service Provider.
    2. Contracts concluded through the Store are concluded in accordance with Polish law.
    3. In the event that any part of the Regulations is inconsistent with applicable law, the relevant provisions of the law shall apply in place of the challenged provision of the Regulations.
    4. Any disputes arising from these Terms and Conditions between the Service Provider and Clients will be resolved in the first instance by negotiation. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court.
    5. The Service Provider undertakes to inform the Client each time of any significant changes to the Terms and Conditions. Changes to the Terms and Conditions during the
    6. The Regulations shall come into force on ….

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