Last modified: 2023-11-15 13:45:00
Terms and Conditions Ekademia.com
I. General Provisions
§ 1
These Terms and Conditions define the rules of using the website operated by IMPLE P.S.A., registered in the Register of Entrepreneurs of the National Court Register, maintained by the VII Commercial Division of the District Court for Gdańsk-North, under number 0000951264, with a share capital of PLN 10,000, paid in full. NIP number 5833444462, REGON 521167550, with its registered office at ul. Łańcucka 12a/8 80-809 Gdańsk Polska, email: office@imple.com, phone: 0048502246045 - hereinafter referred to as IMPLE
§ 2
Definitions used in these Terms and Conditions:
- IMPLE - IMPLE P.S.A., the Platform operator.
- Registration Form - a questionnaire filled out by the User during the registration process on the Platform.
- Password - a string of characters defined by the user or generated by the Platform during the password recovery process.
- Username (Login) - a unique identifier defined by the User during the registration process.
- Login - verification of a registered User's identity by entering the username and password.
- Platform - a virtual platform accessible via the Internet at http://www.imple.com and its copies operating under other addresses, enabling Organizers to offer free and paid Products and Services, and Users to purchase and use them.
- Platform Ekademia.com -
a copy of the Platform available via the Internet at http://www.ekademia.com, launched to offer products and services of entities dependent and independent from IMPLE.
The details of the entity offering the product are always included in the order form for paid products or in the registration form for free products.
- User - a person using the Platform.
- Registered User - a user who has filled out the registration form, thereby concluding an Agreement with IMPLE, and has access to a broader range of Platform content.
- User Profile - a standard set of data provided by the User during the registration process.
- Organizer/Seller - an Entrepreneur selling a given product or service through the Platform or a copy of the Platform, and taking legal and financial responsibility for properly serving Users of those products or services.
- Trainer - a private individual or entrepreneur whose products and services are sold by IMPLE under a separate agreement.
- Course/Product - a product offered on the Platform - whether physical (DVD, CD, Book), digital (online course, e-book, etc.), in the form of a service, or otherwise.
- Payment System - an external entity authorized to accept and process payments on behalf of the Organizer, integrated with the Platform, and in which the Organizer holds an account for receiving payments. Online payment services are provided by Autopay S.A. (formerly Blue Media S.A.), PayU S.A., and PayPal (Europe) S.à r.l. et Cie, S.C.A..
II. Use of the Platform
§ 3
- The Platform is available to every Internet user, although access to specific courses may be paid. Courses in the Free Courses category are provided free of charge but may require an access password.
- By using the Platform, the user acknowledges and accepts the terms of these Terms and Conditions and the Privacy Policy
- Placing an order for a paid Product DOES NOT obligate the User to pay for it.
Order fulfillment takes place immediately after the Platform receives positive payment authorization from the Payment System.
The Organizer accepts payments exclusively through its own account in the Payment System integrated with the Platform. The User independently selects the form of payment from the options provided by the Organizer.
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The Platform provides the following Forms of Payment: bank transfers, online transfers, Blik, PayPal account payment, payment cards: (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro). The range of Payment Forms for a particular product may be narrower and depends on the Payment Systems integrated by the Organizer.
- All complaints and comments related to the quality of the courses should be directed to the Organizers or Trainers of the respective courses.
- deleted
- Some areas of the Platform may use cookies, i.e., small text files sent to the user's computer to identify it as needed to simplify or cancel a specific operation. Cookies are harmless to both the computer and its user and their data.
- The condition for the cookies to work is their acceptance by the browser and not deleting them from the disk. You can also disable their functionality in the browser settings, which may limit or prevent the use of some parts of the Platform.
- We use cookies for statistical purposes, to authorize users on the services, to adapt the appearance of services to the preferences and browsing history of the User, and for other marketing purposes.
- Cookies usually contain anonymous data or your unique identifier - assigned for the session duration or associated with your account. In rare cases, cookies may contain User personal data. The content of cookies is available to both the User of the given computer and the Platform.
- A list of cookies associated with the given computer and browser, along with the option to delete them, can be found at http://www.ekademia.com/cookies.php
§ 4
- Access to most of the Platform's resources (in particular paid courses) requires logging in.
- Some free courses allow logging in by individuals who do not have an account on the platform - "Login as guest".
- Placing and paying for orders does not require logging in.
III. Registration on the Platform
§ 5
- User registration includes:
- acceptance of the Terms and Conditions and the Privacy Policy,
- correctly filling out the Registration Form,
- confirming the registration by opening a special link sent by the Platform after registration in the web browser.
- The User gains full access to the Platform (excluding paid courses that have not been paid for and courses requiring an access password) after correctly confirming the registration process and logging in to the Platform.
- The Registered User can modify their data in the User Profile at any time.
§ 6
By submitting the Registration Form, the User confirms the authenticity and accuracy of the data contained therein and agrees to the provisions of these Terms and Conditions, acknowledging their binding nature.
§ 7
- IMPLE reserves the right to refuse to register a User.
- IMPLE reserves the right to block the account of a User who violates the provisions of these Terms and Conditions. In such cases, the User is not entitled to compensation for lack of access to paid courses. The account may be unblocked upon submission of a written statement of compliance with the Terms and Conditions.
- In the event of a repeated violation of the Terms and Conditions despite a written statement, it will not be possible to unblock the account, and the User will not have the right to claim compensation for the lack of access to the courses.
- Refusal to register or blocking the user's account results in blocking the User's access to the Platform, except for publicly available parts.
§ 8
deleted
§ 9
The User has the right to deregister from the Platform's user database by sending an email from the same address assigned to their account to biuro@ekademia.pl or as a private message with the content:
Please deregister me from the Ekademia.com user database. By submitting this decision, I am aware that I will not be able to retrieve my login again and that removing me from the database is irreversible and results in losing access to paid products and services provided by the platform.
IV. User Obligations
§ 10
- By using the Platform, the User is obliged to comply with:
- the provisions of these Terms and Conditions,
- the Privacy Policy if the Platform is used to obtain personal data,
- applicable Polish and European law regulations,
- and customary practices for using the Internet.
- Violation of these Terms and Conditions includes, in particular, publishing obscene, offensive, or indecent content, as well as generally unacceptable internet practices.
- Any actions contrary to the regulations specified above will result in liability and the obligation of the User to remedy the damage caused, in accordance with general principles.
§ 11
- The User acknowledges that all information essential for the functioning of the Platform will be made available on the Platform pages and will be considered as properly delivered to the User.
- The User should notify IMPLE of any changes to the data provided during registration, either by modifying it themselves on the Platform or by contacting IMPLE.
V. Legal Disclaimers
§ 12
- IMPLE, as the operator and owner of the Platform, is not liable for any damage incurred as a result of the use of information presented on the Platform by third parties, in any circumstances, nor for the consequences of any decisions made based on such information.
- Use of the Platform is entirely at the User's risk. IMPLE does not guarantee flawless or uninterrupted access to the resources of the Platform, nor that the search results and obtained information will meet the User's expectations regarding their content and usefulness.
- Content published by the User on forums, in tasks, quizzes, or other activities within products, is provided to IMPLE for indefinite, unrestricted territorial processing to fulfill the functionality of the Platform and Product Organizer, to provide services related to the Product in accordance with the applicable Product Regulations. The User is aware that such content will be accessible to IMPLE, the Product Organizer, selected individuals managing the Product (e.g., Trainers), and other users of the Product, depending on the configuration set by the Organizer.
- Content published by the User on a blog, profile, or other public publication areas is provided to IMPLE for indefinite, unrestricted territorial processing to fulfill the functionality of the Platform.
- Content published by the User on the Platform can be individually deleted by the User or entirely by IMPLE when deleting an account. In case of loss of access to a Product, the User must arrange with the Organizer to delete their content within that Product.
§ 13
- IMPLE reserves the right to unilaterally decide on the content of the Platform, including the removal, blocking, restricting reach or impact of User content, making changes or modifications, suspending, or withdrawing certain elements of the Platform.
- IMPLE is entitled to discontinue providing the Platform without providing reasons after completing all ongoing courses or no earlier than 60 days after the last course payment, after notifying the registered Users.
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All Trainer products sold by IMPLE are covered by a 30-day satisfaction guarantee or money-back in addition to the statutory guarantees. The guarantee period starts from the day of order payment. IMPLE will only recognize refund requests addressed directly to IMPLE by means of registered mail sent to the IMPLE address (date of posting applies), a private message sent within the Ekademia.com system, or an email sent to biuro@ekademia.pl, provided IMPLE confirms its receipt. Emails not confirmed within 3 days will be deemed undelivered. Refunds will be processed within 14 days.
- In accordance with the law, after placing and paying for an order, the User has the right to 14 days to return the goods (physical products) or cancel the service (non-physical services and products) and receive a refund within 14 days. This right does not apply if the service is performed before the expiration of the 14 days from the payment date with the User's consent.
- Products sold by Organizers other than IMPLE are subject to the return policy defined in the product offer or order form. The contact for complaints is the Organizer's phone number, which must be published in their profile, on each Product order form, within the Product on the Platform, and in the email confirming the payment for the Product. An additional form of contact is the private messaging system provided by the Platform. In case of problems, the User can also request help in contacting the Organizer from the Platform Operator: biuro@ekademia.pl
- If the Organizer consents, or in response to a refund request does not indicate the court route for resolving a potential dispute, the Consumer may use the online dispute resolution platform
- The Organizer will refund payments using the same payment method used by the consumer, unless the consumer explicitly agrees to a different refund method, which incurs no cost to them.
§ 14
Information, advice, expert answers, or any other information contained on the Platform do not constitute the official position of IMPLE unless otherwise indicated.
§ 15
- IMPLE is not responsible for information, opinions, or comments disseminated by Users on the Platform, nor for damages resulting from events beyond IMPLE's control, particularly the violation of third-party rights or commonly applicable laws by Users.
- IMPLE is not liable for consequences resulting from the disclosure of the User's password, login, or personal data, either their own or someone else's, regardless of the reason for disclosure.
§ 16
- The User is solely responsible for the content they share through the Platform.
- A Trainer or Organizer creating a course is fully legally and financially responsible for its content and must own it in the sense of copyright law. Sharing resources owned by third parties requires their written consent.
§ 17
- All names, trademarks, or company names appearing on the Platform are protected.
- Unless otherwise stated, the Platform and its content are subject to copyright and related rights laws. Copying and distribution, beyond personal use, may only take place after obtaining prior written consent from IMPLE or the content owner, and only within the specified scope.
VI. Personal Data Processing and Protection
§ 18
- Submitting a Registration Application, an Order, or starting to use the Platform requires acceptance of the Privacy Policy.
- The identity of the personal data administrator, the rules, purposes of processing, and data transmission are defined by the Privacy Policy.
- The rules described in the Privacy Policy or stricter ones apply to all Users who acquire the personal data of other Users as a result of using the Platform.
- The User may block receiving information to their email address via their User Profile and block receiving SMS messages on the page https://www.imple.com/user/stopsms.php.
- The User has the right to view, correct, and delete their data by logging in themselves and upon request sent via:
- the internal messaging system from the account in question,
- email linked to the account in question,
- SMS or phone call from the phone number associated with the account,
- other methods, provided the identity is confirmed.
§ 19
- By adding a User to contacts or completing a subscription form on the Platform, the User agrees to share their personal data in the form of their first and last name and email address with that User.
- By ordering a paid Product or signing up for a free Product, the User authorizes IMPLE to share their first name, last name, email address, and all other personal data provided in the order form with the Organizer and Trainer of the Product to fulfill the order.
- IMPLE is not responsible for the processing of personal data by the Organizer or Trainer that is not also IMPLE, but it responds to any reports of privacy violations by Users.
- By using the AI Assistant or AI Trainer, the User agrees to the processing of all messages sent to the AI Assistant or AI Trainer by IMPLE, in accordance with its Privacy Policy, and by the operator OpenAI.com in accordance with its Privacy Policy.
- By using the AI Trainer, the User additionally agrees to share all messages sent to and received from the AI Trainer with the Product Organizer and selected individuals managing the Product (e.g., Trainers).
VII. Technical Disclaimers
§ 20
- Although IMPLE makes every effort to this end, IMPLE does not guarantee that information transmitted via the Internet will reach the user without errors, completely, and in its entirety.
- IMPLE is not responsible for damages caused by faulty transmission systems, including hardware failures, delays, and information transmission disruptions.
- If required for security or other reasons independent of IMPLE, access to the Platform may be temporarily limited for the period necessary to remove the reasons for the lack of access. In such cases, IMPLE is not responsible for any limitations in Platform availability.
VIII. Final Provisions
§ 21
Registered Platform Users agree to receive information and notifications via electronic mail or digital telephony as per the Privacy Policy and consider them effectively delivered.
§ 22
- All amendments to the Terms and Conditions introduced by IMPLE will be posted on the Platform.
- Changes to the Terms and Conditions are binding after 14 days for registered users and from the moment of posting on the Platform for other users.
§ 23
The rights and obligations of the User cannot be transferred to a third party without the prior written consent of IMPLE.
§ 24
The Terms and Conditions will be interpreted in accordance with the generally applicable Polish law.
§ 25
Deleted.
§ 26
IMPLE may enter into separate agreements with Organizers and Trainers, whose provisions take precedence over these Terms and Conditions.