Terms and conditions tend to be boring – I’m afraid those are no different. It’s simply amazing how much has to be said in this document.
§ 1. GENERAL PROVISIONS
- the Administrator of the Enterfea.com and Feaguild.com Portal and Store is Łukasz Skotny conducting business under the name Enterrfea Łukasz Skotny (Polish Business ID No. “NIP”: 5732686643), e-mail for correspondence: email@example.com (hereinafter referred to as the “Administrator”)
- The Regulations define the conditions of use of the Store and Portal, as well as the rules of membership in the Enterfea community, the scope of services provided by the Administrator, and its responsibilities.
- The content of the Regulations can be found at: https://feaguild.com/terms-and-conditions/ as well as at: https://enterfea.com/terms/. At the request of an interested person, the content of the Regulations will be made available to him/her at the e-mail address indicated by him/her, in a manner that allows obtaining, reproducing, and recording the content of the Regulations.
- The use of additional benefits by members of the Enterfea community may be regulated by separate regulations, of which the Administrator will inform Users through the Portal.
§ 2 DEFINITIONS
- Customer – a natural person, legal entity, or organizational unit without legal personality, who places an Order in Enterfea Store and concludes a Sales Agreement in accordance with these Regulations and the law.
- Consumer – a natural person of full legal capacity, using the services covered by the Regulations to the extent not directly related to his/her economic or professional activity, or a natural person of full legal capacity, using the services covered by the Regulations to the extent directly related to his/her economic activity, when it follows from the content of the concluded agreement that it does not have a professional character for this person, resulting in particular from the subject of his/her economic activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
- Courses – educational content made available to members of the Enterfea community through the Portal, under the terms of the Regulations.
- Paid Product – made available through the website: https://feaguild.com/ course purchased for a fee in the formula of indefinite access (lifetime). Paid Product does not include materials including free courses (Materials).
- Portal – the website at: https://feaguild.com/ through which the User can access the Courses.
- Terms and Conditions – these Regulations.
- Store – the website is available at: https://feaguild.com/checkout/, through which the Customer may purchase a Paid Product.
- Seller – Enterfea Łukasz Skotny, conducting sales through the Store.
- Contract of Sale – a contract of sale of a Paid Product, concluded between the Seller and the Customer using the Store.
- User – a Customer who has purchased a Paid Product or free Materials and accepted the Terms and Conditions. Acquisition by the Customer of a Paid Product marked as “Nonlinear FEA Masterclass” is equivalent to obtaining membership in the Enterfea community.
- Order – the Customer’s declaration of intent to conclude a Sales Agreement, constituting an offer to conclude a Sales Agreement, specifying, in particular, the type of Paid Product the Customer intends to purchase.
- Enterfea Resources – all content made available to Customers and/or Users by the Administrator as part of the Portal, the Store, and also the website https://enterfea.com.
§ 3. PROVISION OF SERVICES BY ELECTRONIC MEANS
- The Administrator is at the same time a provider of services provided electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2020, item 344, as amended, hereinafter: “Act on the provision of services by electronic means”).
- The Regulations shall at the same time constitute the rules and regulations for the provision of services by electronic means within the meaning of Article 8 of the Act on Providing Services by Electronic Means. The Administrator shall provide services by electronic means in accordance with the Regulations.
- In order to cooperate with the information and communication system used by the Administrator and in order to use the Store or Portal and exercise the rights arising from membership in the Enterfea community, it is necessary to have the equipment and a system that meets the following minimum technical requirements:
a) having an active e-mail account,
c) cookies enabled in the browser,
d) access to the Internet,
e) having applications that can read PDF files,
f) ability to play video files.
- Each user of the Store or Portal undertakes not to take actions that could jeopardize their proper functioning. Users are prohibited to provide unlawful content, acting in a manner that violates the law or in order to circumvent the law, as well as in contradiction to the principles of social intercourse or morality. It is forbidden to use the Store or the Portal in a manner that interferes with their functioning or is disruptive to the Administrator or third parties, including, in particular, Clients or Users.
- The Administrator stipulates that the use of the Store or the Portal may involve the standard risks associated with the use of the Internet and recommends that the users take appropriate steps to minimize them. The Administrator shall ensure the operation of the information and communication system, which enables the use of services provided electronically, in a manner that prevents unauthorized access to the content of the message comprising these services, in particular by using cryptographic techniques appropriate to the characteristics of the services provided. In the event of planned interruptions, upgrades, or in other similar cases, the Administrator will notify the Users by announcing this fact generally in the Store or the Portal.
- Consent to use the services covered by the Regulations may be revoked at any time. Termination of the agreement for the provision of services by electronic means is made by ceasing to use the services covered by the Regulations.
- The service of access to the functionality of the Store is provided free of charge. Acquisition of paid Products available in the Store is done for a fee.
- All persons using the Store and the Portal are provided by the Administrator with:
a) the possibility of acquiring Paid Products, as well as free Materials
b) the service of sending ordered commercial information (“Newsletter”).
- In order to take advantage of the services specified in paragraph 9 above, you must provide your e-mail address in the form provided for this purpose and press the button accordingly: “Receive a free course” or “Subscribe to Newsletter” or equivalent. The Newsletter service is provided until you withdraw your consent by pressing the unsubscribe link contained in the email sent within the Newsletter.
- The provisions of § 9 of the Terms and Conditions shall apply accordingly to complaints about services provided electronically, with the time limit for filing a complaint counting from the moment of occurrence of the event justifying the filing of the complaint.
- In matters not regulated in the Regulations, with regard to the provision of services by electronic means, the generally applicable provisions of law shall apply, in particular the Act on the provision of services by electronic means.
§ 4. ENTERFEA COMMUNITY
- Membership in the Enterfea Community entitles you to:
a) access to the Portal and the ability to use the Courses available therein, under the terms and conditions set forth in § 5 of the Terms and Conditions,
b) access to a closed group in the form of a Forum on the Portal,
c) access to live sessions organized once every 2 weeks through the Zoom platform (provider details: https://feaguild.com/courses/guild-meeting/)
d) participation in gamification available within the Course or within the Portal,
e) use of benefits offered by the Administrator, under the terms and conditions specified in separate regulations.
- The possibility to use the rights specified in paragraph 1 letters b, c, and d above, have only Users who have purchased the Course “Nonlinear FEA Masterclass”, for a year after the purchase of the course.
- The condition for membership in the Enterfea community is possession of the Course “Nonlinear FEA Masterclass” and acceptance of the Regulations.
- Access to the Portal is granted after registration by the User, in accordance with the instructions provided in the email sent after the purchase of the Course.
- Access to the Enterfea community is granted after registration by the User, in accordance with the instructions provided in the email sent after the purchase of the Course “Nonlinear FEA Masterclass”.
- The closed group service for the Enterfea community is provided by the Administrator. Access to the forum is provided as part of the functionality of the Portal.
- The Administrator is authorized to monitor and moderate materials and content submitted, stored, or shared by Users within the Enterfea community group forum, as well as during live meetings via the Zoom platform.
- The User is obliged to use the Enterfea community forum with respect for generally applicable law, good manners, and netiquette rules, as well as with respect for the rights, including the good name of other Users and the Administrator, and furthermore in a manner that does not violate the efficient functioning of the Portal.
- It is forbidden for Users to make available within the Enterfea community materials or content contrary to the law, rules of social coexistence, or good morals, including in particular content considered offensive, inciting violence, racist content, or content that discriminates against age, gender, orientation or in any other way.
- In the event that the User uses the functionalities available within the community in a manner contrary to the provisions of para. 7 or 8 of this paragraph, the Administrator shall have the right to immediately suspend the User from the Enterfea community, limiting his access to the forum and live meetings, and if the User fails to remove the violations – despite a prior request by the Administrator to remove them, via email (to the User’s email address), within a set period not shorter than 24 hours – the Administrator shall have the right to remove the User’s account from the group as well as from the Portal and block his access to the Courses and the Enterfea community, without any obligation to refund any costs incurred by the User.
- the Administrator will inform the User of the exercise of the rights set forth in paragraph 8 above via an email sent to the User’s address.
§ 5. RULES OF USING THE COURSES AND THE PORTAL
- Acquisition of a given Course by the User allows him/her to access this Course, through the Portal.
- Upon purchase of a Paid Product for the User, a User Account is automatically created on the Portal. The rules of access to the account are communicated to the User in an email sent to the User at the address provided during the acquisition of the Paid Product.
- In order to start using a Course that is a Paid Product, the User should log in to his/her User Account in the Portal at https://feaguild.com/, providing his/her User Name (which may also be the User’s email address), and Password. The User’s User Name and Password may be changed by the User in his/her Profile on the User Account.
- If a free Material is purchased, an email will be sent to the User with a link to the content available within that Material. The use of free Materials does not require having a User Account and logging into the Portal.
- the User is obliged to use the Portal and the functionalities available therein with respect to the generally applicable law, good manners, and netiquette rules as well as with respect to the rights, including the good name of other Users and the Administrator, and furthermore in a manner that does not violate the efficiency of the functioning of the Portal and its particular functionalities.
- It is forbidden for the Users to share materials or content in the Portal that are contrary to the law, rules of social coexistence, or good morals, including in particular content considered offensive, inciting violence, racist content, or content that discriminates against age, gender, orientation or in any other way.
- if the User uses the Portal in a manner inconsistent with the provisions of § 3.4 or § 5.5 or § 5.6, the Administrator shall call on the User to remove the violations, setting him a deadline of no less than 24 hours, and if the User fails to remove the violations – despite the Administrator’s prior request to do so, via email (to the User’s email address) – the Administrator shall have the right to remove the User’s Account from the Portal, and block the User’s access to the Courses and the Enterfea community, without any obligation to refund any costs incurred by the User.
- The Administrator shall inform the User of the exercise of the rights set forth in paragraph 7 above via email sent to the User’s address.
§ 6. RULES FOR USING THE STORE AND PLACING ORDERS
- In order to place an Order in the Store, the Customer determines the types of Courses to be purchased, taking subsequent technical actions on the basis of messages displayed and information contained on the sales page and then on the Store’s website.
- Content and Digital Services may be presented in the Store as part of a pre-sale or in a Promotion, the terms and conditions of which are posted in the Store. The price indicated by the Service Provider next to the Promotional Price is the lowest price at which the product was available in the store in the last 30 days (Last Lowest Price for the last 30 days).
- In the case of making the Content and Digital Service available as part of the Promotion, the Service Provider means that the given Content or Digital Service is at the Promotional Price and indicates the Last Lowest Price from the last 30 days.
- If the Price made available to the Customer on the Store’s website is personalized, e.g. determined on the basis of information about the Customer obtained from marketing data (profiling), the Service Provider provides the Customer with information on individual price adjustment (price personalization) at the Price of the Content or Digital Service on the Store’s website.
- If the Customers are allowed to read the opinions of other Customers on the Store’s website, the Service Provider shall take reasonable and proportionate steps to verify whether the opinions are reliable and posted by people who actually used the Content or Digital Service. Information on how the opinion is verified by the Service Provider can be found on the page: https://enterfea.com/terms/testimonials/
- In order to purchase Courses, the Customer transfers them to the so-called shopping cart. The shopping cart is an element of the Store where the Customer transfers the Courses he intends to purchase. The Customer can view the contents of the shopping cart at any time, add or remove Courses, and immediately proceed to the process of placing an Order.
- In the course of the Order process, the Customer specifies the details of the Order, such as: name and surname, residential address, e-mail address, telephone number, invoice details, payment method and others. The customer in the course of the Order process does not register.
- The e-mail address provided may be used only for contact in the process of completing the Order unless the Customer agrees to be contacted for other purposes (e.g. Newsletter) by checking the appropriate checkbox.
- Orders are accepted only electronically by submitting an Order using the Store’s website or by e-mail to firstname.lastname@example.org.
- the prerequisite for placing an Order is the correct completion of the Order form. Orders with incorrectly filled forms may not be realized.
- A necessary condition for placing an Order is acceptance of the Terms and Conditions. Submission of a statement of reading and acceptance of the Regulations is made by checking the appropriate checkbox in the course of placing the Order.
- Before accepting the Order, the Buyer will be informed about:
a) the main features of the object of sale,
b) the total price of the products added to the cart, including taxes, as well as delivery charges or other costs (if any), calculated according to the rules of Polish law,
c) the possibility to withdraw from the contract.
- In the case of Customers who are entrepreneurs, it is the Customer’s responsibility to verify any obligations for appropriate tax settlement of the purchased Courses, based on the laws of the country in which the Customer conducts the business in which he/she purchased the Course or Courses. The Administrator shall not be liable, in any way whatsoever, for any tax obligations arising on the part of the Client who is an entrepreneur, related to the acquisition of the Course or Courses.
- The Customer expresses his/her will to conclude a Sales Agreement by pressing the “Order with obligation to pay” button or equivalent.
- Placing an Order is not equivalent to concluding a Sales Agreement, but constitutes an offer to conclude such an agreement.
- The Sales Agreement is concluded at the moment of acceptance of the Order for execution by the Seller, of which the Customer is informed by an e-mail confirming the purchase. The message referred to in the preceding sentence also includes confirmation of the statements made by the Customer on the demand for performance before the expiration of the statutory deadline for withdrawal from the contract.
- Orders are executed immediately, no later than within 72 hours from crediting the Seller’s bank account with the funds for the price of the Sales Agreement or receipt by the Seller of confirmation of payment from the payment operator.
- The execution of an Order for a Paid Product takes place by granting access to the Paid Product in the Portal.
- the price of Paid Products is given in Polish zloty and includes VAT in accordance with the provisions of Polish law. If the Course is purchased by Customers from outside Poland, the obligation to settle VAT or any other sales tax applicable in the country of the purchaser lies with the Customer purchasing the Course.
- The Seller reserves the right to change prices in the Store, carry out and cancel promotional actions on the pages of the Store, and use unique promotional codes available outside the Store. The above entitlement shall not affect the price of the Course in Orders placed before the effective date of the price change or promotional actions.
- Each purchase made by the Customer is accompanied by a proof of purchase: receipt or VAT invoice sent electronically.
- the Customer may make payment of the price for the purchased Products in the following ways:
a) payment by credit/debit card through the electronic system stripe.com or payment with a PayPal electronic system,
b) payment with a traditional bank money transfer
§ 7. RIGHT TO WITHDRAW FROM THE SALES CONTRACT
- The Customer may resign by withdrawing from the Sales Contract from a Paid Product purchased from the Store without giving any reason within 30 days from the date of purchase. To meet this deadline it is sufficient to send a statement of withdrawal to the address of the Store’s registered office or to the e-mail address: email@example.com.
- Any refunds resulting from point 1. will be paid by the Administrator no later than within 14 days of receipt of the statement of withdrawal from the contract, using the same method of payment used by the Customer, unless the Customer has expressed a request for a refund by another method and the Administrator can without undue difficulty and additional costs realize the return in the manner indicated by the Customer. The refund is not associated with additional costs on the part of the Customer.
§ 8. LIABILITY FOR DEFECTS
- If a Sales Contract is concluded, the Seller shall be obliged to deliver the Paid Product without defects. The Seller is liable to the Consumer, for a period of 2 years from the delivery of the Paid Product, if it has a physical or legal defect (warranty). The Consumer shall be entitled to the warranty in the form of removal of the defect, replacement of the Paid Product with a defect-free one, reduction of the price, or withdrawal from the contract, provided that the defect is significant.
- The above warranty rights are available only to Customers who are Consumers. In relations between the Seller and a Customer who is not a Consumer, the warranty for defects is excluded.
- The Consumer has the opportunity to submit a claim under the warranty to the Seller within one year from the date of noticing the defect. The filing of a claim shall be made in accordance with the rules set forth in § 9 of the Terms and Conditions.
- If the complaint is accepted, the Seller will remove the defect or replace the Paid Product with a defect-free one. If this is not possible, the Seller will return to the Consumer the equivalent of the paid sales price of the Paid Product immediately, but no later than within 14 days from the date of the decision on positive consideration of the complaint, using the same method of payment used by the Customer.
- The Customer’s dissatisfaction with the quality of the Paid Product or the content or materials made available within the Paid Product, as well as discrepancies between the Customer’s and the Administrator’s opinion on the rightness or correctness of the information provided within the Paid Product by the Administrator, shall not be considered defects of the Paid Product.
§ 9. COMPLAINTS
- Claims under the warranty referred to in § 8 of the Terms and Conditions, as well as other complaints about the operation of the Store or the Portal, including technical irregularities in their operation, may be submitted by mail to the address: ul. Drzewieckiego 24 look. 78, 54-129 Wrocław Poland or by sending an e-mail to: firstname.lastname@example.org.
- The complaint should contain the name, surname, and current address of the complainant, and a detailed description and indication of the circumstances forming the basis for the complaint.
- The information indicated in paragraph 2 of this section is for information purposes only, however, their non-inclusion in the content of the complaint may significantly hinder or even prevent its recognition.
- The complaint will be recognized in a form analogous to the form in which it was submitted by the User.
- The Administrator will inform the User about the manner of recognition of the complaint within 14 (fourteen) days from the date of its receipt. If recognition of the complaint requires obtaining additional information or data from the User, the Administrator will ask the User, in the form in which the complaint was filed, to supplement this data and will recognize the complaint within 14 (fourteen) days from the date of supplementation by the User. If the User fails to supplement the complaint within 30 (thirty) days from the date of the Administrator’s request for supplementation, the Administrator shall, without further delay, recognize the complaint on the basis of the available data and inform the User about the manner of its recognition, or refuse to recognize the complaint, justifying its decision in this regard and informing the User thereof.
- After the complaint procedure has been exhausted, the complainant has the right to pursue unsuccessful claims in court.
- The complainant has the possibility to use out-of-court means of handling complaints and pursuing claims, including by submitting, after the complaint procedure, an application for mediation or an application for consideration of the case before an arbitration court (the application can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Arbitration Consumer Courts operating at the Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court settlement of claims after the complaint procedure is free of charge. The consumer additionally has the option of filing a complaint through the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.
§ 10. COPYRIGHT AND LICENSE
- The Administrator shall hold the economic copyright, including subsidiary rights, in all Resources. The Administrator shall be solely entitled to grant all consents, permissions, and authorizations, including licenses to use the Resources.
- Acquisition by a User of a paid Product, Material, or any other product available in the Store or within the Resources, does not transfer to him/her the property copyright, the right to exercise and authorize the exercise of subsidiary rights, nor does it authorize him/her to exercise moral rights in the acquired product.
- the Administrator grants to each holder of the product a non-exclusive, royalty-free, and not territorially limited license to use the acquired product exclusively by the User.
- Violation by the User of the rules described in paragraph 4 will result in the immediate removal of the User’s Account from the Portal, as well as blocking the User’s access to the Portal, Courses, and other content at the discretion of the Administrator, without the right to a refund of any costs incurred by the User.
§ 11. CHANGES TO THE REGULATIONS. AVAILABILITY OF THE PORTAL
- the Rules and Regulations may be amended due to: a) the need to adapt the Rules and Regulations to the provisions of law b) the need to adapt the Rules and Regulations to the recommendation, interpretation, ruling, decision, or decision of a public authority or court ruling, as far as they affect the content of the Rules and Regulations c) introduction of new services, change of the scope or nature of services d) change of technical conditions of service provision e) change of the scope of the Administrator’s activity f) other changes that may affect the scope or manner of service provision by the Administrator.
- The Administrator, when introducing a change to the Regulations, shall be obliged to inform about it in the Store and on the Portal, with the proviso that the changes will come into force within no less than 14 (fourteen) days from their announcement, unless the necessity of introducing them within a shorter period results from legal regulations, rulings or interpretations of administrative bodies or courts affecting the Regulations, or from the necessity of introducing technical changes in order to ensure continuity and correctness of service provision, and these changes affect the content of the Regulations.
- Orders placed in the Store before the effective date of changes to the Regulations are carried out on the basis of the provisions in force on the date of placing the Order.
- the User’s further use of the Portal or the rights specified in § 4.1 of the Regulations, after the effective date of the amendments to the Regulations, is tantamount to the consent of that User to the amended content of the Regulations.
- The Administrator shall strive to maintain the availability of the Store and the Portal without time limits. However, the Administrator reserves the right to temporarily suspend their availability for technical reasons, in particular in order to carry out development work or remove errors, as well as the right to definitively terminate their operation, in the case of the Portal after prior notification to the Users of at least 14 days, in the event of objectively justified grounds, including in particular those resulting from changes in the current state of the law, changes in the profile of activities or termination of the Administrator’s business.
§ 12. RISK INFORMATION. RESPONSIBILITY OF THE ADMINISTRATOR
- The Administrator shall have the right to update, change or remove materials and any other elements on the Portal at any time, without giving any reason.
- all materials published by the Administrator in the Resources, including, in particular, the Courses available on the Portal, are for informational purposes only, and Users and other persons with access to these materials use them at their own responsibility and risk.
- The Administrator shall not be liable in any way for the use by the User of information including knowledge acquired in connection with the use of the Courses or any other materials made available by the Administrator or members of the Enterfea community. In particular, the Administrator is not responsible for the use of information, knowledge, or materials acquired by the User in connection with the use of the Courses, the Portal, or the Enterfea community, as part of the User’s professional work, the provision of services by the User, the performance of any projects or the creation of any products.
- Membership in the Enterfea community is free of charge and voluntary. The User may terminate the use of the Services covered by the Terms of Service at any time.
- the Administrator does not guarantee the User any results resulting from the use of the materials provided by the Administrator. The User decides on his/her own how to use the acquired products.
- the Administrator does not guarantee the continued existence of the Enterfea community and is not responsible for its dissolution in the event of termination of the Portal.
§ 13. FINAL PROVISIONS
- None of the provisions of these Regulations may violate or limit any of the rights of the User who is a consumer, to which he/she is entitled under applicable laws. In the event that any provision of these Terms and Conditions is found to be in conflict with the applicable regulations on the protection of consumer rights, the relevant provisions of the law shall apply instead.
- The provisions of Polish law shall apply to the provisions of these Terms and Conditions, and the jurisdiction shall be the jurisdiction of Polish courts and authorities, with the proviso that in the case of consumers who are citizens of member states of the European Union, the relevant provisions of European law shall apply, including, in particular, a consumer who is a citizen of a member state of the EU may demand that any dispute be heard in the court of his country, in accordance with the laws in force there. The 1980 Vienna Convention on the International Sale of Goods (CISG) shall not apply.
- In matters not covered by these Terms and Conditions, the provisions of the applicable law, including in particular the provisions of the Civil Code and the Law on Provision of Electronic Services shall apply.
- If any provision of these Terms and Conditions or any part thereof proves to be invalid, ineffective, or unenforceable for any reason, it shall not affect the validity of the remaining provisions of these Terms and Conditions. In such case, the Organizer undertakes to take all legally permissible steps to arrange mutual rights, obligations, and common interests in such a way that the objectives set forth in the Reference Program are achieved in an otherwise lawful and feasible manner.
- Any disputes between the Organizer and Users shall be resolved amicably. The User may apply to the Permanent Arbitration Consumer Court for settlement of the dispute. Detailed information, contact details, and a list of amicable consumer courts can be found on the website of the Office of Competition and Consumer Protection. The Program Participant may file his/her complaint, for example, through the EU online dispute resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.
- If it is not possible to resolve a dispute with a User who is a Consumer amicably, the dispute will be recognized by a common court of local and material jurisdiction at the choice of the Consumer.
- Settlement of any disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Administrator’s seat.
- the Regulations are effective as of January 1st, 2023.