Terms of service

 

 §1. Preliminary Provisions

1.     The regulations define the terms of agreements for the provision of digital products and services, including newsletters, in particular the rights and obligations of the parties to the agreement, i.e., the Seller and the Customer or Newsletter User.

2.     Each Customer and Newsletter User is obliged to familiarize themselves with and accept the conditions specified in the Regulations before entering into an agreement with the Seller.

 

The definitions used in the Regulations are understood as follows:

1.     Seller – Speakalio civil partnership, with its registered office at ul. św. Mikołaja 7/123, 88-100 Inowrocław, entered into the Central Register and Information on Economic Activity conducted by the minister competent for economy, NIP 5562804769, REGON 526265518, email address: contact@speakalio.com, share capital: PLN 4,000.00, fully paid-up share capital.

2.     Customer – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, using the services and functionalities of the Website, in particular, making purchases through the Store.

3.     Consumer – a natural person making a purchase on the Website that is not directly related to their business or professional activity.

4.     Entrepreneur acting as a consumer – a natural person making a purchase directly related to their business activity, when it follows from the content of this agreement that it does not have a professional character for them, in particular, based on the subject of their business activity (specified in CEIDG).

5.     User – a natural person subscribing to the Newsletter and thus entering into an agreement with the Seller for its delivery.

6.     Website – an Internet service operated by the Seller, available at the address: https://www.speakalio.com

7.     Store – an online store operated by the Seller at the internet address https://www.speakalio.com

8.     Digital Product – digital content available in the Seller’s assortment, produced and delivered to the Customer in digital form, stored on a non-material medium (e.g., an ebook in the form of a PDF file sent electronically; access to an online course), which constitutes the subject of the Agreement between the Customer and the Seller.

9.     Digital Service – a service that allows the storage and access to data in digital form or other forms of interaction using digital data (e.g., a store account service).

10.  Newsletter – digital content delivered to individuals who have subscribed through the subscription form on the Website. The content of the Newsletter also includes a so-called lead magnet (a signup gift) that is provided to the User once they subscribe to the Newsletter.

11.  Digital Environment – computer equipment, software, and network connections used by the Consumer to access digital content or digital services or to use them.

12.  Cart – a Store software element where selected Products and Services for purchase are visible, and where there is the possibility to specify and modify Order data.

13.  Order Form – a form available in the Store that allows placing an Order, in particular, by adding Products and Services to the electronic cart and specifying the conditions of a distance contract, including the method of delivery and payment.

14.  Signup Form – a form available on the Website that allows entering into an agreement for Newsletter delivery.

15.  Account – an account in the Store that the Customer may, but is not obliged to, create, and which stores data provided by the Customer and information about Orders placed by them in the Store.

16.  Order – a customer’s declaration of intent made using the Order Form and directly aimed at concluding a contract for the delivery of a Digital Product.

17.  Payment Operator – PayU payment system, with its registered office in Poznań, at ul. Grunwaldzka 186, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, under the KRS number 0000274399, NIP 7792308495

18.  Agreement – an agreement concluded remotely with the Customer as part of an organized system of remote agreements (Store or Subscription Form on the Website), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to the moment of concluding the agreement.

19.  Regulations – these regulations.

 

1.     The Customer can contact the Seller in particular:

a.     via email, at: contact@speakalio.com

b.     in writing to the address: ulica Świętego Mikołaja 7/123, 88-100 Inowrocław

2.     Seller’s bank account number mBank S.A., account number: 59 1140 2004 0000 3602 8411 4820

 

1.     To use the Website and the Store, including browsing the Seller’s assortment, placing orders, and using Products, the following are necessary:

 

a.     an end device with internet access, an operating system, and a web browser that allows browsing websites,

b.     a PDF, Word or similar application for reading digital documents,

c.      an email account,

d.     active cookies and Javascript in the web browser.

 

3.     The Seller ensures that the Store is compatible with the latest versions of the following web browsers: Google Chrome, Safari, Mozilla Firefox, Microsoft Edge.

4.     The Customer is obliged to use the Website and the Store in a manner consistent with the law and morality, respecting the personal rights and copyrights and intellectual property rights of third parties.

5.     The Customer is obliged to provide accurate and up-to-date data in the registration form and in the Order Form. Providing false or misleading information may result in the inability to perform the service.

 

 

1.     Through the Website and Store, the Seller provides paid digital products and also delivers free digital products (content) and digital services.

2.     Available are, among others, the following free digital products and digital services:

 

a.     Allowing the Customer to browse content and the assortment on the Website and Store and use the content search engine (digital service),

b.     Allowing the Customer to place Orders in the Store without registration (digital service),

c.      Creating and managing an Account in the Store (digital service),

d.     Delivering the Newsletter.

 

·       To receive the Newsletter, the following steps should be taken:

 

a.     Fill out the Newsletter subscription form.

b.     Give consent to process data for the purpose of sending the Newsletter, including direct marketing of the Seller’s digital products and services.

c.      Familiarize yourself with the content of these Regulations and accept their terms and complete the subscription by clicking the “Subscribe” button.

d.     Then, locate an email from the Seller sent to the address provided in the subscription form and click the confirmation button to confirm the subscription.

 

·       The first Newsletter will be delivered immediately after the User performs the actions specified in the previous point. Subsequent Newsletters will be delivered by the Seller at the frequency specified in the Newsletter description on the Website.

 

·       The Agreement for managing an Account in the Store and the Agreement for delivering the Newsletter are concluded for an indefinite period and can be terminated at any time with immediate effect. The Agreement for managing an Account in the Store can be terminated by deleting the Account after logging in, and the Agreement for delivering the Newsletter by unsubscribing as per the instructions included in each Newsletter. The Customer can also terminate each of the agreements by sending a relevant request to the Seller via email or in writing to the address provided in §3 of the Regulations.

 

 

1.     Through the Store, the Seller enables, by placing an order in accordance with §8 of the Regulations, the conclusion of an agreement for the delivery of digital content not stored on a tangible medium (Digital Products). This means that these contents are made available as electronic files for playback or download, depending on the Digital Product chosen by the Customer (e.g., ebook, webinar, online course). Detailed descriptions, including the functionalities of Digital Products, are available on the Website and in the Store.

2.     In the case of Digital Products for which access is granted for a limited time, the Seller fulfills the service by providing the Customer with access to digital content for the duration specified in the description of the Digital Product.

3.     Through the Store, the Seller also enables the conclusion of an agreement for online Consultations.

4.     The details of the Consultations, including their scope and duration, are specified in the Consultations description posted on the Website and in the Store.

5.     Consultations are conducted in the Polish language.

6.     Consultations are carried out on working days as indicated by the Seller before entering into an agreement with the Customer. The Customer can choose a suitable date using the calendar provided on the Website.

7.     The absence of the Customer or a participant delegated by them during the confirmed access to digital content or the confirmed Consultation date does not entitle the Customer to non-payment of the Order or a refund of payments if made previously. This does not apply to situations where the Customer, acting as a Consumer or a Business Operator with consumer rights, has effectively withdrawn from the Agreement or when the Agreement has been effectively terminated.

 

 

1.     Creating an account in the Store is free of charge.

2.     To create an account in the Store, you must complete the Registration Form or check the appropriate checkbox in the Order Form.

3.     Logging into the account is done by providing the login and password established in the Registration Form.

4.     The Customer has the option to delete the account at any time, without stating a reason and without incurring any charges for this, using the account functionality or by sending a relevant request to the Seller, especially via email or in writing to the address provided in §3.

 

 

1.     Orders in the Store can be placed 24 hours a day, every day of the year.

2.     Browsing the Store’s assortment does not require creating an account.

3.     Placing orders for digital Products available in the Store’s assortment is possible by:

 

a.     Creating an account following the instructions in §7 of the Regulations, or

b.     Without creating an account, by providing the necessary personal and address data to enable order fulfillment.

 

4.     To place an order without registration, you should:

 

a.     Select the digital Product that is the subject of the order, and then click the “Add to Cart” button,

b.     Go to the cart and click “Proceed to Payment”,

c.      Fill out the order form, entering the recipient’s data and the delivery address for the digital Product,

d.     Enter invoice details if they differ from the recipient’s data,

e.     Choose one of the available payment methods, accept the Regulations, express consent to the delivery of the digital Product in circumstances that result in the loss of the right to withdraw from the contract, and click the “Buy and Pay” button,

f.      Make the payment within the specified period in the chosen method.

 

5.     To place an order with registration (creating an account), you should:

 

a.     Select the digital Product that is the subject of the order, and then click the “Add to Cart” button,

b.     Go to the cart and click “Proceed to Payment”,

c.      When placing the first order, fill out the order form, entering the recipient’s data and the delivery address for the digital Product, and check the “Create an account?” box,

d.     For subsequent orders, log in to the Store,

e.     Enter invoice details if they differ from the recipient’s data,

f.      Choose one of the available payment methods, accept the Regulations, express consent to the delivery of the digital Product in circumstances that result in the loss of the right to withdraw from the contract, and click the “Buy and Pay” button,

g.     Make the payment in the chosen method.

 

6.     Online payment is made directly on the payment service provider’s website.

7.     After making the online payment, the Customer will be redirected back to the website.

8.     Upon the Customer’s confirmation of placing the order using the “Buy and Pay” button, an Agreement is concluded between the Customer and the Seller.

9.     The Customer will receive confirmation of the Agreement concluded, confirmation of the Consumer/Business on consumer rights consent to the delivery of digital content under circumstances resulting in the loss of the right to withdraw from the contract, and a copy of the contents of these Regulations to the email address provided in the order.

 

 

1. The prices of digital Products are specified in their descriptions available on the Website and in the Store.

2. All prices on the Website and in the Store are expressed in Polish złoty (PLN) and are gross prices.

3. The price displayed for the digital Product at the time of placing the Order by the Customer in accordance with the procedure described in §8 of the Regulations is binding for both parties in the transaction.

4. The price for a digital Product or Consultation is the total amount to be paid by the Customer, and the Customer is informed about it on the Store’s pages during the order placement process, including at the moment of expressing their will to enter into the Agreement.

5. The Seller does not apply individual price adjustments based on automated decision-making.

6. Access to digital Products and free digital Services is delivered to the Customer at the email address provided in the Order.

7. There are no delivery costs associated with the delivery of digital Products or free digital Services.

8. The Customer can make payment for their order by selecting one of the following payment methods:

 

a.     Bank transfer to the Seller’s account,

b.     Debit card,

c.      Credit card,

d.     Electronic transfers,

e.     Mobile payments, including BLIK.

  

9. Detailed information regarding the available payment methods for digital Products can be found in the Order Form.

10. By entering into an Agreement with the Seller, the Customer consents to receiving invoices and their corrections electronically at the email address provided in the Order Form or via email sent to the Seller.

 

 

1. The Seller shall deliver the digital Product and/or free digital Service to the Consumer or Entrepreneur acting as a consumer immediately after the conclusion of the Agreement. If the digital Product and/or digital Service is to be delivered at a later date, the Seller shall clearly inform the Customer of this in the description of the digital Product/Service on the Website or in the Store.

2. The digital Product is considered delivered when it has been made available to the Consumer or Entrepreneur acting as a consumer as an email attachment sent by the Seller after the conclusion of the Agreement or as login information to a platform from which the digital Product can be downloaded. A free digital Service is considered delivered when the Customer gains access to it.

3. Delivery time: orders for electronic materials for learning English are processed immediately (no longer than 24h) upon confirmation of payment via bank transfer. Once the funds are credited to our account, the ordered products will be sent to the email address provided by the Customer within the next few minutes.

 

(Responsibility for Non-Conformity of Performance with the Agreement)

 

1. The Seller is obliged to deliver the product and service in accordance with the Agreement to the Consumer and Entrepreneur acting as a consumer (consumer warranty).

2. If the Consumer or Entrepreneur acting as a consumer finds non-conformity with the Agreement, they should inform the Seller, specifying their claim related to the identified non-conformity (filing a complaint).

3. The Customer submits a complaint in writing or by email to the address provided in §3 of the Regulations.

4. The complaint should include identifying information about the Customer, a description of the subject of the complaint, and the associated requests. In the case of incomplete information, the Seller will call on the Customer to provide the missing information within 14 days of receiving the request, with a warning that failure to complete the deficiencies within the specified period will result in the complaint being left without consideration.

5. The Seller’s deadline for considering the complaint is 14 days from the date of a properly submitted complaint to the Seller.

6. The lack of a response from the Seller within the period to a properly submitted complaint constitutes the Seller’s acceptance of the complaint.

7. In the case where the Customer is not a Consumer or Entrepreneur acting as a consumer, the Seller’s liability for physical or legal defects in the item is excluded (pursuant to Article 558§1 of the Civil Code).

 

 

1. The Customer, who is a Consumer or Entrepreneur acting as a consumer, who has entered into a distance Agreement with the Seller, may withdraw from the Agreement without giving any reason within 14 days. For digital Products and Consultations, the period is calculated from the day of the conclusion of the Agreement.

2. To meet the withdrawal deadline, it is sufficient for the Consumer/Entrepreneur acting as a consumer to send information regarding their exercise of the right of withdrawal before the withdrawal period expires.

3. The right to withdraw from a distance Agreement does not apply to the Consumer in relation to:

 

a.     Agreements for the supply of digital content (digital Products) for which the Consumer or Entrepreneur acting as a consumer is required to pay, if the Seller began performance with the clear consent of the Consumer or Entrepreneur acting as a consumer who has been informed before the performance that, after the performance by the Seller, they will lose the right to withdraw from the Agreement, and the Seller has provided them with confirmation of the Agreement and confirmation of consent to the delivery of digital content under circumstances that result in the loss of the right to withdraw from the Agreement in a durable medium.In order to withdraw from an Agreement that does not include the situations mentioned in the previous point, the Consumer/Entrepreneur acting as a consumer should inform the Seller of their intention to withdraw from the Agreement by sending a declaration of will in writing via email or by post to the address provided in §3 of the Regulations.

 

4. The Consumer and Entrepreneur acting as a consumer, upon withdrawal from the Agreement, is obliged to cease using the digital Product or digital Service and refrain from providing them to third parties.

 

 

1. The Seller agrees to submit any disputes arising in connection with distance agreements to mediation. Details will be determined by the parties to the dispute.

2. In the event that mediation proceedings do not yield results or the parties do not decide on them, and the Customer is not a Consumer or Entrepreneur acting as a consumer, the competent court for resolving any disputes related to such an agreement shall be the court competent for the Seller’s registered office.

3. The Consumer has the option of using out-of-court methods for examining complaints and pursuing claims. Among other things, the Consumer has the possibility to:

 

   a. Apply to a permanent consumer arbitration court with a request to settle a dispute arising from a concluded Agreement,

   b. Apply to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute,

   c. Use the assistance of the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

 

4. The Consumer may also submit a complaint through the EU’s online dispute resolution platform, available at: http://ec.europa.eu/consumers/odr/.

5. More detailed information regarding out-of-court methods for examining complaints and pursuing claims can be found on the website http://www.uokik.gov.pl.

 

 

1. Digital content available on the Website, in particular materials included in digital

Products and digital Services are works protected by copyright, and these rights belong to the Seller or individuals cooperating with the Seller who have granted the Seller the necessary licenses.

2. The Customer may use purchased digital Products and other content available on the Website for personal use. This means that the Customer and users of the Website may use them solely for their own needs, including for their own business activity, with the proviso that the purchaser is not entitled to provide them to third parties as their own product or service (for payment or free of charge).

3. Unauthorized distribution of the above content may result in civil and criminal liability.

 

 

1. The principles of personal data processing and the use of cookies are described in the Privacy and Cookies Policy available at https://speakalio.com/polityka-prywatnosci/.

 

 

1. Agreements concluded by the Seller are made in the Polish language.

2. The Seller reserves the right to make changes to the Regulations for valid reasons, such as changes in the law, changes in payment and delivery methods, to the extent that these changes affect the implementation of the provisions of these Regulations. The changes become effective on the date of publication of the new Regulations. The changes do not affect agreements concluded before the changes to the Regulations were introduced.

3. Matters not regulated by these Regulations are subject to the applicable provisions of Polish law, in particular the Consumer Rights Act, the Civil Code, the Entrepreneurship Act, the Act on the provision of electronic services, the General Data Protection Regulation (GDPR), and the Personal Data Protection Act.

4. The Regulations apply to agreements concluded as of September 20, 2023.