Terms of Service

§ 1. GENERAL

1. The Administrator of the Store and the Portal is eduworlds spółka z ograniczoną odpowiedzialnością with its registered office in Warszawa (03-713) at ul. Wrzesińska 12/27, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Warszawa, XIV^th Commercial Division of the National Court Register under KRS number: 0000999343, NIP: 1133075718, REGON: 523493673, with a share capital of PLN 20,000, contact e-mail:  [email protected]. 
2. The Terms and Conditions define the terms of use of Store and Portal as well as the terms of membership in the eduworlds community, in particular Mint of eduworlds Tokens, rights related to their possession, conditions for trading eduworlds Tokens, terms of gamification with their use, the scope of services provided by the Administrator and the scope of his responsibility.
3. The content of the Terms and Conditions is published at: https://eduworlds.com/terms-of-service.  At the request of the interested person, the content of the Terms and Conditions will be made available to him to the e-mail address indicated by him, in a way that allows obtaining, reproducing and recording the content hereof.
4. The use of additional benefits by members of the eduworlds community  may be regulated by separate terms, about which the Administrator will inform Users via Discord server of the eduworlds community  and generally on the Portal.

§ 2. DEFINITIONS

1. Customer – a natural person, a legal person, legal entity without legal personality, which places an Order for the eduworlds Token  and concludes a Sales Agreement in accordance with present Terms and Conditions and the provisions of law.
2. Consumer – an adult natural person with full legal capacity, using the services defined in the Terms and Conditions in scope not directly related to his or her business or professional activity or an adult natural person with full legal capacity, using  the services defined in the Terms and Conditions in the scope directly related to his or her business activity, when the content of the agreement indicates that it does not have a professional character for that person, basing in particular upon the subject of his business activity, made available in accordance with the provisions on the Central Register and Information on Economic Activity.
3. Courses – educational content made available to members of eduworlds community at the Portal, upon the terms set out herein.
4. Portal – website at: https://portal.eduworlds.com.
5. Terms and Conditons – present Terms and Conditions.
6. Store – an online service available at: https://eduworlds.com through which the Customer can purchase Paid Products.
7. Seller – eduworlds sp. z o.o., ul. Wrzesińska 12/27, 03-713 Warszawa, KRS: 0000999343, NIP: 1133075718, REGON: 523493673, e-mail: [email protected], making sales through the Store.
8. Order – the Customer's declaration of intent aimed at conclusion of a Sales Agreement, constituting an offer to conclude a Sales Agreement, specifying in particular number of eduworlds Tokens.
9. Newsletter - a service provided free of charge by electronic means, thanks to which the Customer may receive from the Seller by electronic means pre-ordered messages concerning the Store, including in particular educational and marketing content, e-books, as well as information about offers, promotions and news concerning the Seller.

§ 3. PROVISION OF SERVICES BY ELECTRONIC MEANS 

1. The Administrator is also a service provider of services provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344, as amended, hereinafter: "Act on the Provision of Electronic Services"). 
2. This Terms and Conditions constitute at the same time terms of use for the provision of electronic services within the meaning of Article 8 of the Act on the Provision of Electronic Services. The Administrator provides services electronically in accordance with Terms and Conditions.
3. For compliance with the ICT system used by the Administrator and in order to use the Store or Portal as well as in order to exercise rights resulting from membership in the eduworlds community, it is necessary to use equipment and software that meets the following minimum technical requirements:
   1. having an active e-mail account,
   2. having or creating an account in the Discord app,
   3. a web browser that includes current updates, with JavaScript enabled,
   4. cookies enabled in the browser,
   5. Internet access,
   6. having applications that allow you to read PDF files,
   7. the ability to play video files.
4. Everyone using the Store or the Portal undertakes not to take actions that could threaten their proper functioning. Users are prohibited from providing illegal content, acting in a manner that violates the law or in order to circumvent the law, as well as in contradiction with the principles of community life or principles of good mores. It is prohibited to use the Store or the Portal in a way that interferes with their functioning or is harmful for the Administrator or third parties.  
5. The Administrator reserves that the use of the Store or the Portal may involve a standard risk related to the use of the Internet and recommends to the Users to take appropriate steps to minimize them. The Administrator ensures the operation of the ICT system, which enables the use of services provided electronically, in such a way that prevents unauthorized persons from accessing the content of the message constituting these services, in particular with use of cryptographic techniques appropriate to the properties of the services provided. In the event of planned interruptions, modernization or other similar cases, the Administrator will notify users about them at their submitted e-mail addresses and will announce this fact generally at the Store or Portal.
6. Starting to use the services covered by this Terms and Conditions or agreement to comply with them is tantamount to concluding a contract for the provision of electronic services.
7. Consent to use the services covered by this Terms and Conditions may be withdrawn at any time. Termination of the contract for the provision of electronic services is made by ceasing to use the services covered by this Terms and Conditions.
8. The provision of access to the Store's functionalities is free of charge. The purchase of eduworlds Tokens available at the Store is paid.
9. The Administrator enables all persons using the Store and the Portal:
   1. free access to the online course„NFT for Begginers”,
   2. service of sending the ordered commercial information ("Newsletter"). 

10. In order to use the services specified in Clause 9 above, an interested person must enter his or her e-mail address in the form provided for this purpose and press the button respectively: "Receive a free course" or "Subscribe to the Newsletter" or equivalent.  The Newsletter service is provided until the consent is withdrawn by pressing the unsubscribe link contained in the e-mail sent as part of the Newsletter.
11. The provisions of § 13 of these Terms and Conditions shall apply accordingly to the complaint in scope of services provided electronically, while the deadline for submitting a complaint is counted from the moment of occurrence of the event justifying submission of the complaint.
12. In matters not covered by these Terms and Conditions, in scope of providing services by electronic means, generally applicable provisions of law shall apply, in particular the Act on the Provision of Electronic Services.

§ 4. TERMS OF USING THE STORE 

1. The Administrator allows the purchase of single Courses in the Store.
2. The Customer may purchase single Courses available in the Store by placing an Order by clicking on the "Pay" button or equivalent, in which case the Sales Contract is concluded according to the terms and conditions specified in § 5 of the Terms and Conditions.

§ 5. PLACING ORDERS

1. To place an Order in the Store, the Customer selects Courses by taking further technical steps based on the displayed messages and information on the sales page and then on the Store's website.
2. 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.
3. During the Ordering 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 does not register during the Order process.
4. The e-mail address provided may only be used for a contact in the process of Order processing, unless the Customer agrees to be contacted for other purposes (e.g. Newsletter) by ticking the appropriate checkbox.
5. Orders are accepted only electronically by placing an Order using the Store's website or by e-mail to the address [email protected].
6. The condition necessary to place an Order is proper filling of the Order form. An Order with an incorrectly filled form may not be processed.
7. The condition necessary to place an Order is acceptance of the Terms and Conditions. Making a statement on acknowledgement and acceptance of the Terms and Conditions occurs by ticking the appropriate checkbox when placing an Order.  
8. Before accepting the Order, the Customer will be informed about:

1. the main characteristics of the sales object,
2. the total price of the Courses added to the cart, including taxes, as well as delivery fees or other costs (if any),
3. the possibility of withdrawal from the agreement.

9. The Customer expresses the will to conclude the Sales Agreement by clicking the "Order with obligation to pay" button or equivalent.
10. Placing an Order is not equivalent to the conclusion of a Sales Agreement but constitutes an offer to conclude such an agreement.
11. The Sales Agreement is concluded at the time of taking the Order for execution by the Seller, about which the Customer is informed by e-mail confirming the purchase. The message referred to in the preceding sentence also includes a confirmation of the statements made by the Customer regarding the request for performance of the provision before lapse of the statutory term for withdrawal from the agreement. 
12. Orders are executed immediately, no later than within 24 hours as of crediting the Seller's bank account with price in accordance with the Sales Agreement or receipt by the Seller of confirmation of payment from the payment operator. 
13. The execution of the Course Order is carried out by granting access to the course on the platform: learn.eduworlds.com.
14. The price of the Courses is given in Polish zloty and includes VAT. The price listed for the Courses is binding at the time the Customer places the Order.
15. The Seller reserves the right to change prices found in the Store, carry out and cancel promotional actions on the pages of the Store, use unique promotional codes available outside the Store. The above entitlement does not affect the price of the Course in Orders placed before the effective date of the price change or promotional actions.
16. Each purchase made by the Customer is accompanied by a proof of purchase: a receipt or VAT invoice sent electronically. At the Customer's request, the proof of purchase will be delivered in a paper version.
17. The Customer may pay the price for purchased products as follows:
    1. credit/debit card payment through electronic system: stripe.com,
    2. quick payments (including BLIK)
    3. PayU installments

§6 PRE-SALE OF PRODUCTS

1. The Administrator may conduct pre-sales of selected Courses.
2. Pre-sale allows you to order a Course before its release at a special price.
3. Pre-sale may include Courses that are new and characterized by low availability, Courses that are yet to be released in the Store.
4. The date of availability of Courses covered by the pre-sale is in the description of the Course (on the page with a link to the shopping cart).
5. Pre-sale cannot be combined with other promotions, unless something else is indicated in the description of the pre-sale offer.
6. The Courses or bonuses purchased during the pre-sale, are fulfilled (e.g. added to the Platform) on the dates according to the description of the offer.

§ 7. RIGHT OF WITHDRAWAL FROM THE SALES AGREEMENT

1. The Customer may resign by withdrawing from the Contract of Sale of a Course purchased from the Store without giving any reason within a maximum of 30 days from the date of its receipt. 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 specified in the Terms and Conditions.
2. Any refunds resulting from point 1. will be paid by the Administrator no later than 14 days after receipt of the statement of withdrawal from the contract, using the same method of payment used by the Customer, unless the Customer has agreed to a different method of refund. The refund is not associated with additional costs.

§ 8. LIABILITY IN CASE OF FAULTY PRODUCTS

1. If the Sales Contract is concluded, the Seller is obliged to deliver the Course without defects. The Seller is liable to the Consumer, for a period of 2 years after the sale of the Course, if it has a physical or legal defect (warranty). The Consumer is entitled to the warranty in the form of removal of the defect, replacement of the Course with a defect-free one, reduction of the price or withdrawal from the contract, provided that the defect is material.
2. The above rights under the warranty are granted only to Customers who are Consumers. In relations between the Seller and the Customer who is not a Consumer, the statutory warranty for defects is excluded.
3. The Consumer has right of submitting a request to the Seller resulting from the statutory warranty within one year from the date of noticing the defect. The complaint is filed on the terms set out in § 9 of the Regulations. 
4. If the complaint is accepted, the Seller will remove the defect or replace the Course with a defect-free one. If this is not possible, the Seller will return to the Consumer the equivalent of the sales price paid for the advertised Course immediately, but no later than within 14 days from the date of the decision to accept the complaint, using the same method of payment used by the Customer.

§ 9. COMPLAINTS

1. Requests resulting from the statutory warranty referred to in § 8 of the Terms and Conditions as well as other complaints regarding the functioning of the Store or the Portal, including technical irregularities regarding their operation, may be submitted by post to the following address: ul. Wrzesińska 12/27, 03-713 Warszawa, with a note: "Complaint eduworlds" or by sending an e-mail to the following address: [email protected]. 
2. The complaint should contain the name, surname, current address of the complainant and a detailed description and indication of the circumstances constituting the basis for the complaint. 
3. After receiving a complaint in accordance with Clause 1 and 2 above, the Administrator will consider it within 14 (fourteen) calendar days from the date of delivery of the complaint. The response to the complaint is given in writing via post or in a return e-mail.
4. After ending the complaint procedure, the complainant has the right to pursue unaccounted claims in a common court with territorially competent in accordance with the provisions of the Code of Civil Procedure.
5. The complainant has the option of using out-of-court methods of dealing with complaints and pursuing claims, m.in by submitting an application for mediation or a request to consider the case before an arbitration court after the end of the complaint procedure (the application can be downloaded at the website: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available at the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court redress after the end of the complaint procedure is free of charge. In addition, the consumer has the right to submit a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.

§ 10. CHANGES TO THE TERMS AND CONDITIONS. PORTAL AVAILABILITY

1. The Administrator reserves the right to amend the Terms and Conditions subject to the conditions referred to below.
2. The Administrator, when making a change to the Terms and Conditions, shall be obliged to announce it in the Store, with the proviso that the changes will come into force no less than 14 (fourteen) days after their announcement.
3. Orders placed in the Store before the effective date of the amendments to the Terms and Conditions shall be fulfilled on the basis of the provisions in force on the date of placing the Order.
4. The Administrator shall strive to maintain the availability of the Store 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.

§ 11. CUSTOMER OPINIONS

1. On the pages with descriptions of the Courses, the Administrator posts Customer reviews.
2. Customer opinions come only from closed groups (concerning a particular Course) on Facebook and from email correspondence between the Customer and the Administrator.
3. Access to the Facebook group concerning a particular Course, the Customer receives after purchasing the Course from the Store. Non-Customers do not have access to the Facebook group.
4. Opinions are posted on the Administrator's website only after the Customer has given his/her prior consent.
5. The Customer has the right to withdraw consent to the publication of opinions about the Course. In order to withdraw consent, the Customer should contact the Administrator via e-mail address: [email protected]. The response and removal of opinions is carried out within 7 working days.

§ 12. FINAL PROVISIONS

1. The controller of personal data of data subjects using the Store and the Portal is Transparent World sp. z o.o. with its registered seat in Suwałki. Personal data is processed upon the terms provided in the "Privacy Policy" tab available at: https://eduworlds.com/privacy-policy-eng.
2. In order to obtain information on the use of the Store or Portal or services provided on the basis of the Terms and Conditions, please contact the Administrator to the e-mail address: mort[email protected]. A reply will be provided within 7 working days.
3. The provisions of the Regulations also apply to the situation when the Customer provides his/her personal data in case of subscribing to the Newsletter.
4. The settlement of any disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the common court of competent subject matter jurisdiction in Warsaw.
5. In matters not covered by the Terms and Conditions, the provisions of Polish law shall apply, including the Polish Civil Code and the Act on the provision of electronic services.
6. The Terms and Conditions come into force as of December 8^th, 2022.