Terms & Conditions
General contractual terms & conditions for training services provided by iCode Trust Sp. z o.o. on the iCode Trust e-learning platform
§ 1. PRELIMINARY PROVISIONS
The Rules and Regulations define the terms and conditions for the use of training and resources available online as part of the E-learning platform operating at the Internet address www.platforma.futurecollars.com by trainees as well as other services provided by iCode Trust Sp. z o.o., including rules for using these services, the rules for the protection of personal data of Participants and the rules for withdrawing from the contract.
§ 2. DEFINITIONS
Whenever the following terms and definitions are used in these Regulations, they should be understood as follows:
EPUB – a recording format that can be read on any electronic device equipped with EPUB reading software;
Order/registration form – a document according to the template, in electronic form, effectively delivered to the FutureCollars.
FutureCollars – it is understood as iCode Trust Sp. z o. o. using the “Future Collars” trademark with its registered office in Warsaw at ul. Bukowińska 24D/7, 02-703 Warsaw, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000777251, NIP 5213861303, REGON 382934531;
Individual Consultation – provided at the first stage of the Work in IT Program, individual consultation of CV and profile on LinkedIn;
Civil Code – Act of 23 April 1964 (Journal of Laws of 2014, item 121, as amended);
Consumer – The Ordering Party is a natural person who enters into a contract with the FutureCollars for the provision of services, not directly related to the business or professional activity of that person, as well as an entrepreneur within the meaning of Art. 4 of the Act of March 6, 2018, entrepreneurs’ law (i.e. Journal of Laws of 2021, item 162), who purchases goods or services not related to the profile of his business or professional activity. It is advised that falsely impersonating as a consumer is unfair market practice within the meaning of the provisions of the Act of 23 August 2007 on counteracting unfair market practices.
Training Material – all material provided by such as information, tutorials, comments or advice, and expert materials on the Training subject complement it.
Mentor – a person who, on behalf of and for the FutureCollars, conducts the substantive part of the Training via the E-learning Platform and acts as a substantive tutor of the Participant’s training;
PDF – a record format that can be read on any electronic device equipped with PDF reading software;
E-learning platform – a web application operating in a domain www.futurecollars.com made available by FutureCollars, used for online learning, including conducting training, lessons, lectures, multimedia presentations, tests, etc.;
Electronic files – digital content e.g. Training Material sent to the Participant in the form of a file to be read on an appropriate electronic device
Registration confirmation – confirmation expressed by clicking on the link in the content of the e-mail that was sent after completing the registration. Confirmation of registration means acceptance of these regulations and conclusion of the contract by the Participant with the FutureCollars.
Service – website managed and run by the FutureCollars, located at:www.futurecollars.com;
Training – Training / Bootcamp / The course takes place using the E-learning Platform via the public Internet; The training also includes the help of a tutor (Mentor), participation in an online community, support of a team of career advisors and access to job offers of FutureCollars’ partners for people who receive a certificate of completion of the training;
Job interview simulation – simulation of an interview with a recruiter conducted during the second stage;
Simulation of a technical job interview with a mentor – simulation of a technical job interview with a Mentor, conducted during the third stage;
Digital environment – the hardware, software and network connections used by the consumer to access or use the digital content or digital service;
Goods with digital elements – goods or services, e.g. Training, which is the subject of the contract between FutureCollars and the Customer, containing digital content or digital service or connected to them in such way that the lack of digital content or digital service would prevent its proper functioning;
Digital Content – content within the meaning of Article 2 point 5 of the Act on Consumer Rights of May 30, 2014 (i.e. Journal of Laws of 2020, item 287, as amended), digital content should also be understood as goods that serve only as a carrier of digital content
Durable medium – a material or tool enabling the consumer or trader to store information addressed personally to him in a way that allows access to the information in the future for a period of time appropriate to the purposes for which the information is used, and which allows the unchanged reproduction of the stored information;
Participant – a person who concluded a contract for training or other service with FutureCollars on the terms set out in the Regulations, and thus gained access to the E-learning platform;
Agreement – a civil law contract concluded between the Parties, the subject of which is the provision by the FutureCollars to the Participant of the Service specified in the content of the contract. Unless the Parties mutually agree otherwise, their rights and obligations under the Agreement are governed by these provisions of the Regulations;
Consumer Rights Act – Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827);
Act on the provision of electronic services – Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2013, item 1422, as amended);
Service – a service offered by FutureCollars to the Customer, which is the subject of an agreement concluded between the parties.
Digital service – a service offered by FutureCollars to the Customer that allows the Customer to: generate, process, store or access data in digital form, joint use of data in digital form that has been sent or generated by the consumer or other users of this service, other forms of interaction using digital data.
Purchaser – a natural person, legal person or legal entity to which the Civil Code grants legal personality, directing the Participant to participate in the Training, and in the case of the Ordering Party being a natural person, he may also be a Participant;
Order and/or Registration – action taken by the Participant to register for the Training and to conclude a contract with the FutureCollars.
§ 3. TRAINING INFORMATION
1. Information about the services available on the Website shall be considered as an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
2. The confirmation of registration by the Ordering Party means the conclusion of an agreement between the Ordering Party and the FutureCollars, the subject of which is the provision of a service consisting in access to the Training, the possibility for the Participant to ask questions to the Mentor via the chat service, providing Training Materials by the FutureCollars, and telephone contact of the Training tutor appointed by the FutureCollars regarding the subject of the Training or other service offered by the FutureCollars.
3. The prices of Training indicated on the website of a given Service are gross prices and include VAT. Prices for consumers with whom the contract is concluded on the territory of the Republic of Poland are given in Polish zlotys. Prices for consumers from countries where the Organizer provides its services outside the territory of the Republic of Poland are given in euro. The prices are binding at the moment of completing and sending the form by the Participant.
4. The FutureCollars reserves the right to qualify Participants based on the target group, professional group and other data by means of which it will be possible to qualify for participation in the Training or other Service offered by FutureCollars.
§ 4. GENERAL PROVISIONS
1. Subject to applicable law, including consumer law, unless the Parties agree otherwise, the Agreement is concluded on the basis of these Regulations, which means that they define their rights and obligations.
2. The conclusion of the Agreement may take place in particular:
a) by submitting an offer by the Ordering Party to the FutureCollars, in particular in the form of an Order and accepting it by the FutureCollars or
b) by accepting the FutureCollars’ offer by the Ordering Party, in particular by placing an order by the Ordering Party.
3. In case of doubt, it is assumed that the person who concludes the Agreement is, on the date of placing this order, authorized by the Ordering Party to perform such legal action on its behalf, in particular when this person provides the Ordering Party’s identification data and/or uses the e-mail address website located in the domain used by the Ordering Party, etc. In the event that it turns out that the above-mentioned the person does not have such authorization, the Ordering Party is obliged to provide the FutureCollars with all possible assistance in order to establish the identity of this person, so that the FutureCollars can take any legal action against this person.
4. The Ordering Party is obliged to provide the provisions of these Regulations to the Participant designated by him or inform the Participant about those provisions of the Regulations that directly apply to the Participant. In the event of the Ordering Party’s failure to perform the above-mentioned obligations, the FutureCollars is released from liability for any claims of the Participant made against the FutureCollars in connection with the Participant’s participation in the Training.
§ 5. WORK IN IT PROGRAM
1. The Work in IT program is a service dedicated exclusively to Participants of trainings conducted by the FutureCollars. The offer of the Program can only be used by entities that have concluded a contract with the FutureCollars for the provision of training services.
2. Purchase of participation in the Work in IT Program can be made by:
a) Ordering it when concluding a contract for training services between the Ordering Party and the FutureCollars by selecting the appropriate option in the form.
b) The purchase of the program during the conclusion of the contract can be purchased as part of the “Rat Santander” offer that FutureCollars offers to Training Participant. Ordering it during the Training or after its completion – by submitting such information via e-mail [email protected]. FutureCollars stipulates that the purchase of the Program during the course or after its completion may result in refusal to take advantage of the “Rat Santander” offer that FutureCollars offers to Training Participants.
3. Persons who have purchased the Work in IT Program together with the Training may use it within 3 months from the date of obtaining the certificate of completion of the Training.
4. If a training Participant who has purchased the Work in IT Program does not obtain a certificate, the program can be used within 3 months of the end of the training.
5. If you purchase the Job in IT Program after completing the Training, Participant can use it within 3 months from the date of purchase of the Job in IT Program.
6. If the Participant fails to take advantage of the offer of the Job in IT Program within the time limits specified in sec. 3, 4 and 5, the offer of the Work in IT Program expires.
7. Training completion certificates will not include information about the use of the Job in IT Program.
8. FutureCollars stipulates that the Job in IT Program is an aid in finding a job. The FutureCollars does not guarantee the receipt of a job after purchasing and using the Job in IT Program service.
9. The Work in IT program includes in its program;
a. Individual consultation of CV and profile on LinkedIn in the dimension of 1 hour;
b. Simulation of a job interview with a recruiter in the dimension of 2x 45 min (1.5 h);
c. Simulation of a technical job interview with a Mentor (1h);
d. Within the time limits specified in sec. 3, 4 or 5 – 3 times 15-minute consultations with a career advisor or recruiter;
e. Receiving once a week for the period specified in paragraph 3, 4 or 5 dedicated job offers, including job offers from Partners cooperating with FutureCollars.
10. The Work in IT program consists of three stages:
a. Stage 1. Includes individual consultation of CV and profile on LinkedIn for 1 hour, ended with a summary;
f. Stage 2. Includes a simulation of a 2x 45 min (1.5h) interview with a recruiter, ended with a summary;
g. Stage 3. Includes a simulation of a technical interview with a mentor (1h), ended with a summary.
11. After purchasing the Work in IT Program, the Participant will receive e-mail information containing detailed information about the persons responsible for individual stages of the Program and a detailed schedule of the Work in IT Program.
12. The Participant is obliged, at least 3 days before the start of the next stage of the Job in IT Program, to declare his willingness to participate in a given stage in the manner specified in the materials sent by e-mail.
13. The other provisions of these Regulations apply accordingly to the Job Program service in IT, subject to separate provisions resulting from §5 of these Regulations.
14. The Training Participant has the right to withdraw from the Work in IT Program service within 14 days from the date of purchase of the service, unless he uses the service before the deadline for withdrawing from the service. In other cases, the Participant is not entitled to a refund in part or in full, also if the Participant does not obtain a certificate or resigns from the Training during its duration.
§ 6. CONCLUSION OF THE AGREEMENT BY PLACING AN ORDER
1. If the Agreement is concluded by placing an order by the Ordering Party with the FutureCollars, the following are required to conclude such an Agreement:
a. correct completion of the order form by the Ordering Party or a person authorized by him to perform such legal acts, in the latter case the presumption indicated in § 4 para. 3 of the Regulations;
b. providing the FutureCollars with the order referred to in point 1) above, not later than 2 working days before the date of commencement of the Service. The order can be delivered to the FutureCollars by completing the application form available on the Website – in this case, the date of delivery of the order is the first working day following the day on which the Ordering Party completed the application form and used the “Register”, “Send form” or “Send form” button available in this form. another with similar content.
2. In the event of failure to comply with the above order delivery date, placing an order is acceptable after making prior telephone arrangements with the FutureCollars and sending the order in one of the above-mentioned forms.
3. Placing a correct order means also acceptance this Rules and Regulations by the Ordering Party.
4. Within 1 working day from the date of delivery of the correct order, the FutureCollars will send the Ordering Party a confirmation of acceptance of the Order. The confirmation will be sent to the Ordering Party via e-mail to the e-mail address indicated in the order.
5. Sending the order confirmation is tantamount to concluding the Agreement.
6. The FutureCollars is not responsible for disruptions, including interruptions, in the functioning of the Website caused by Force Majeure, unauthorized actions of third parties or incompatibility of the Website with the IT infrastructure of the Ordering Party.
7. The FutureCollars is not responsible for blocking mail server administrators from sending messages to the e-mail address indicated by the Ordering Party in the order and for deleting and/or blocking electronic messages by software installed on electronic equipment used by the Ordering Party.
§ 7. OBLIGATIONS OF THE FUTURECOLLARS
1. The FutureCollars organizes Training on a specific subject and provides Services described in detail on the website.
2. These Regulations apply to all Services offered by the FutureCollars.
3. The FutureCollars ensures that it will make every effort to guarantee the quality of the Service in accordance with its description.
4. The FutureCollars reserves the right to cancel the Service in the event of fortuitous events, e.g. Mentor’s illness.
5. The FutureCollars reserves the right to change the Training program and other Services and this cannot be the basis for directing financial claims.
6. The FutureCollars undertakes to enable the Participant who meets the technical conditions to participate in the Training or other Service and to send Training Materials related to the subject of the organized Training, as well as to make telephone contact to the telephone number provided by the Participant for telephone consultations related to the organization Training or provision of the Service.
7. The FutureCollars informs the Participant about updates, including security updates, necessary to maintain compliance of the digital content or digital service with the contract and provides them to the Participant for the period of:
a. the supply of digital content or a digital service specified in the contract on the basis of which the supply takes place on a continuous basis, or
b. reasonably expected by the Participant, taking into account the type of digital content or digital service and the purpose for which they are used, as well as the circumstances and nature of the contract, if the contract provides for the delivery of digital content or digital service once or in parts.
8. If the FutureCollars informed the Participant about the update and the consequences of not installing it, and if the failure to install or improper installation of the update did not result from errors in the installation instructions provided by the FutureCollars, and the Participant fails to install the updates provided by the FutureCollars within a reasonable time, the FutureCollars is not responsible for non-compliance with agreement.
9. Participants recognize and concur that Training Materials may at any point become outdated due to the rapid evolution of information technology. To be clear, FutureCollars does not refund Training’s price, fees on the basis that Training Materials are not accurate and/or up to date.
10. In the case of Continuous Training, the FutureCollars undertakes to provide services and digital content in a manner consistent with the contract throughout the duration of the Training.
§ 8. PARTICIPANT’S OBLIGATIONS
1. Participants are required to read these Regulations.
2. Providing personal data by the Participant is voluntary, but necessary for the conclusion of the Agreement and the implementation of its provisions.
3. It is forbidden for the Participant to use the Services in a manner contrary to the law, decency or infringing the legitimate interests of the FutureCollars and the provisions of the Regulations.
4. The Participant undertakes not to copy or use the content provided by the FutureCollars (in whole or in part) for any purposes other than those related to participation in the Training or other Service, in particular the Participant undertakes not to use this content for commercial purposes such as, for example, the sale of this content, making it available to third parties free of charge or for a fee, and others.
5. To register for the Training or other Service, Participant must:
a. complete the registration form available on the Website of a given Training by providing an e-mail address, name and surname, position and company represented by the Participant;
6. If a participant is required to complete an assignment and download it to an E-learning platform or another location specified by mentors, the Participant guarantees and agrees that the assignment does not violate the rights of any third parties, that the assignment complies with all applicable laws, including but not limited to copyright and data protection laws, and that the participant is the copyright owner of the assignment or has the legal authority to submit the assignment for use by FutureCollars and exploiting it by FutureCollars without territorial or other limitations, as well as to other social media accounts owned by the FutureCollars.
7. Without limitation, Participant represents, warrants, agrees and guarantees that Participant shall not upload any work/content nor proceed to any action that is illegal or infringes applicable law, such infringes or violates another party’s intellectual property rights; promotes illegal or unauthorized copying of another person’s copyrighted work; violates any law, statute, ordinance or regulation; is inaccurate, false or misleading in any way; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or promotes unfair competition and unfair commercial practices and/or violates competition rules.
8. The Participant also agrees to FutureCollars using Participant’s image and broadcasting Participant’s voice in any field of use, without time limits and without territorial restrictions. FutureCollars has all rights to the image and voice on the terms set out in this Terms & Conditions, in particular further processing of the image and voice.
§ 9. GENERAL RULES OF USING THE TRAINING AND E-LEARNING PLATFORM
1. Access to the E-learning Platform and participation in the full Training is possible after the payment for the Training has been credited to the FutureCollars’ bank account.
2. In order to obtain the status of a Participant and access to the E-learning Platform, and thus the Training, it is necessary to log in to the e-learning Platform. The Participant undertakes not to provide his login details to third parties.
3. The E-learning platform is available only via the Internet; The E-learning platform operates 7 days a week, 24 hours a day, excluding periods necessary to carry out modernization works or excluding periods of failure.
4. Using the E-learning Platform requires the Participant to have access to the Internet, a computer with a current web browser updated to the latest version and possibly additional software (including in particular Acrobat Adobe Reader, Flash Player, JAVA or possibly other) which is necessary to participate in the Training. Minimum requirements: 2 GHz dual-core processor or more (i3/i5/i7 or AMD equivalent), 4GB DDR3 RAM, 250GB+ HDD, At least 4Mbps download and 0.5Mbps upload connection, Windows 8.1 or later operating system, macOS Yosemite , current Linux. Recommended requirements: 2.5 GHz quad-core processor or more (i5/i7 or AMD equivalent), 8GB DDR3 RAM, 250GB + SSD, Internet connection with at least 10Mbps download and 1Mbps upload, Windows 10 operating system, macOS Yosemite, current Linux
5. Failure by the Participant to meet the technical requirements indicated above (in particular, a different or incomplete configuration of computer hardware or software) may lead to the inability to use the Training and functionalities offered by the E-learning Platform.
6. When the Participant uses the e-learning Platform, no software is installed on his computer equipment without his knowledge.
7. The Participant is obliged to systematically complete the modules in accordance with the pace of work imposed by the Mentors, which allows for the completion of the course before the deadline for crediting.
8. The Participant has the option of using the materials available on the educational Platform in a passive way throughout the year counted from the end of the training. After one year, access to the Platform is disabled.
9. FutureCollars reserves and has the right to suspend temporarily or permanently delete, any Participant’s any time at its sole discretion, including when it becomes aware of any breach of law or the present Regulations by any Participant or by any third party.
§ 10. CHANGE OF TRAINING ORGANIZATION
1. FutureCollars reserves the right to cancel the Training for any reason.
2. FutureCollars reserves the right to change the date of the Training for any reason.
3. FutureCollars shall notify the Ordering Party about the cancellation or change of the date of the Training, at his discretion, by phone to the number provided in the Order Form or by e-mail sent to the e-mail address indicated in the order form.
4. In the event of cancellation or change of the date of the Training in the manner indicated in sec. 1 – 3, the Ordering Party or the Participant shall not be entitled to any claims against the FutureCollars, with the exception of the claim for reimbursement of the fee for the Training in the nominal amount paid by the Ordering Party to the FutureCollars before the date of cancellation of the Training.
5. FutureCollars may cancel or end the Training at any time due to circumstances constituting Force Majeure. Force Majeure shall be understood as events of an extraordinary nature, impossible to predict and/or prevent at the time of concluding the Agreement, such as natural disasters, acts of terrorism, rulings of state or local government authorities, wars, general or local strikes, breakdowns and technical disasters. In such a case, the provisions of section 3 above.
6. In justified cases, FutureCollars reserves the right to make modifications to the Training in terms of organization and content. FutureCollars shall notify the Ordering Party of these modifications in the manner indicated in section 3. Making modifications does not entitle the Ordering Party to terminate the Agreement or to make any claims against the FutureCollars or refuse to pay all or part of the fee for the Training.
7. The Participant’s failure to appear at the Training, regardless of the circumstances of non-appearance, excluding, however, the circumstances constituting within the meaning of sec. 5 Force Majeure shall not release the Ordering Party’s from paying the full price for the Training due to FutureCollars.
§ 11. PRICE, TERMS OF PAYMENT FOR SERVICES
1. The fee for participation in the Training or using another Service is provided on the FutureCollars’ website or on the Application Form. It covers only what is specified on the website in the description of the Training or Service.
2. Participation in some Trainings and Services organized by the FutureCollars is free of charge. Information about these Trainings and Services and the terms of participation in such Trainings are posted on the Website by the FutureCollars.
3. Unless otherwise stipulated in the Agreement, FutureCollars is entitled to a fee for the Service from the Ordering Party.
4. The price for the Service covers all costs of providing the Training Service by the FutureCollars and covers the cost of Training materials received by the Ordering Party.
5. The basis for payment of the price shall be the invoice/bill issued by the FutureCollars.
6. The FutureCollars allows the payment of the price for the Service by the Ordering Party using the bank transfer order when placing the order.
7. The FutureCollars allows payment for the Service in the form of an installment payment in the manner indicated in the Order Form. Failure by the Ordering Party to pay subsequent installments to FutureCollars will result in blocking the Ordering Party’s access to subsequent parts of the Training.
8. Payment of the Training fee should be made no later than 2 (two) days before the date of commencement of the Service by bank transfer to the FutureCollars’ bank account indicated in the invoice or by online payment on the FutureCollars’ website, with the moment of crediting the FutureCollars’ bank account with the payment amount.
9. The FutureCollars allows the possibility of prepayment for the Service on the basis of a proforma invoice, which will be delivered to the Ordering Party by letter to the address of the Ordering Party specified in the order or by e-mail. About the choice of form of payment, the Ordering Party is obliged to inform the FutureCollars in the order, priorly.
10. Failure by the Ordering Party to pay part of the fee for the Service or the next installment for the Service does not affect the Ordering Party’s obligation to pay the full fee for the Service due to the FutureCollars.
11. In the event of a delay in payment of the fee for the Service due to the FutureCollars, he may demand, at his own discretion, interest for delay in the statutory amount or maximum interest for delay.
12. Moreover, if the Ordering Party who is not a Consumer is late with the payment for the Service, the FutureCollars may demand payment of compensation for the costs of recovering receivables. The height of the above the amount of compensation is the equivalent of EUR 40 converted into PLN according to the average EUR exchange rate announced by the National Bank of Poland on the last working day of the month preceding the month in which the fee for the Training became due.
§ 12. COMPLIANCE WITH THE CONTRACT
1. The training offered by the FutureCollars remains in accordance with the agreement, if the following remain in accordance with the agreement:
a. description, type, quantity, quality, completeness and functionality, including compatibility, interoperability and availability of updates; suitability for a specific purpose for which the consumer needs it, about which the consumer notified the Organizer at the latest at the time of concluding the contract and which the entrepreneur accepted;
b. the purposes for which goods of this type are customarily used, taking into account applicable laws, technical standards or good practices;
c. quantity and features, including durability and safety, and in relation to goods with digital elements – also functionality and compatibility, which are typical for goods of this type and which the consumer can reasonably expect, taking into account the nature of the goods and the public assurance provided by the FutureCollars, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the entrepreneur demonstrates that:
i. did not know about the public assurance and, judging reasonably, could not have known about it,
ii. prior to the conclusion of the contract, the public assurance was rectified in accordance with the conditions and form in which the public assurance was given, or in a comparable manner,
iii. the public assurance did not influence the consumer’s decision to conclude the contract;
iv. packaging, accessories and instructions that the consumer can reasonably expect to receive;
v. if the goods are of the same quality as the sample or pattern that the FutureCollars made available to the consumer before the conclusion of the contract, and correspond to the description of such sample or pattern.
2. The FutureCollars is not liable for non-compliance with the contract in terms of the features set out above, if the Participant has been clearly informed at the latest at the time of concluding the contract that a specific feature of the digital content or digital service deviates from these requirements, and the Participant has expressly accepted them.
3. There is no non-conformity with the contract if:
a. the Participant’s digital environment is not compatible with the technical requirements of which the FutureCollars informed him in a clear and understandable manner before the conclusion of the contract;
b. The Participant, informed in a clear and understandable way before concluding the contract about the obligation to cooperate with the FutureCollars, to a reasonable extent and using the least onerous technical means, in order to determine whether the lack of compliance of the digital content or digital service with the contract in a timely manner results from characteristics of the consumer’s digital environment, does not fulfill this obligation.
4. In the event of non-compliance with the contract, the Participant is entitled to:
a. demand for compliance with the contract;
b. If bringing the digital content or digital service into conformity with the contract is impossible or requires excessive costs, the FutureCollars has failed to bring the digital content or digital service into conformity with the contract, the lack of conformity of the digital content or digital service with the contract continues, even though the FutureCollars has tried to bring the digital content or digital service into conformity with the contract digital content or digital service for compliance with the contract, the lack of conformity of the goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the request for repair or replacement, it is clear from the FutureCollars’ statement or circumstances that FutureCollars will not deliver the goods compliance with the contract within a reasonable time or without undue inconvenience to the consumer, the Participant may request a price reduction or withdrawal from the contract.
5. The FutureCollars may make a replacement when the Participant demands a repair or the FutureCollars may make a repair when the consumer demands a replacement, if bringing the goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the entrepreneur. If repair and replacement are impossible or would require excessive costs for the entrepreneur, he may refuse to bring the goods into conformity with the contract.
6. The FutureCollars may change the digital content or digital service that is not necessary to maintain its compliance with the contract, only if the contract so provides and only for justified reasons indicated in this contract. However, the FutureCollars cannot change the digital content or digital service provided on a one-off basis.
7. If the change referred to in par. 6 significantly and negatively affects the Participant’s access to or use of digital content or digital service, the FutureCollars is obliged to inform the Participant in advance on a durable medium about the properties and date of making this change.
§ 13. COMPLAINT
1. Irregularities related to the functioning of the Website may be reported by the Participant in writing or via email. In complaint, the Participant should provide Participant’s name and surname, correspondence address, type and date of irregularities related to the functioning of the Website.
2. The complaint department is responsible for managing the complaint process on behalf of the FutureCollars: [email protected]
3. The FutureCollars shall promptly, but no later than within 14 days from the date of receipt of the complaint, respond to the submitted complaint and inform the Participant about further proceedings.
4. In order to prevent any confusion, it is stated that none of the provisions of these Regulations limit the Participant’s rights under the provisions of the law in force in the territory of the Republic of Poland. If such a provision is found, the provisions of the applicable law shall apply, in particular the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended).
§ 14. WITHDRAWAL FROM THE AGREEMENT
1. The provisions of this paragraph, unless otherwise indicated in its content, apply only to contracts in which the Participant is a natural person concluding a contract not directly related to Participant’s business or professional activity, as well as an entrepreneur within the meaning of Art. 4 of the Act of March 6, 2018, entrepreneurs’ law (i.e. Journal of Laws of 2021, item 162), who purchases goods or services not related to the profile of Participant’s business or professional activity.
2. Pursuant to the Act of 30 May 2014 on consumer rights, the Ordering Party – Consumer has the right to withdraw from the Agreement without giving any reason and without incurring costs, within 14 days from the date of its conclusion.
3. The deadline to withdraw from the Agreement begins from the date of conclusion of the Agreement, i.e. the Ordering Party fills in the order form referred to in §5 of the Regulations.
4. The Participant may withdraw from the Agreement by sending the FutureCollars an unequivocal statement of withdrawal from the Agreement. In doing so, he may use the model declaration attached as Appendix 1 to these Regulations. The statement should be sent to the address of the FutureCollars’ registered office indicated in §2 point 3 of the Regulations or to the following e-mail address: [email protected]
5. To meet the deadline, it is enough to send a statement before its expiry.
6. The Ordering Party – the Consumer may also resign from the Service during its duration. If the Ordering Party resigns from the Service within 14 days from the commencement of the provision of the Service, the FutureCollars shall return in such a situation to the Ordering Party – Consumer the paid fee for the Service, less fixed costs, the amount of which is indicated by the FutureCollars each time on the website of a given Service, and in the case of the Training, it costs PLN 1,490 gross. In the event of resignation from the Service later than indicated in the previous sentence, the Ordering Party – Consumer is not entitled to a refund of the payment for the Service.
7. The Ordering Party – Consumer may withdraw from the contract without notice for the delivery of digital content or services if:
a) it is clear from the FutureCollars’ declaration or circumstances that he will not provide digital content or digital service;
b) the Ordering Party – Consumer and the FutureCollars agreed or it is clear from the circumstances of the conclusion of the contract that the specified date of delivery of digital content or digital service was of significant importance to the Consumer, and the FutureCollars did not deliver them within this period.
8. Failure to pay the fee for the Service or its relevant part and failure to participate in the Service is not tantamount to withdrawal from the Agreement. In such a situation, the Ordering Party is obliged to pay the FutureCollars the entire fee for the Service.
9. If the Ordering Party who is a Consumer submits a declaration of withdrawal from the Agreement electronically, the FutureCollars is obliged to immediately send to the Ordering Party on a read only data medium (e.g. by e-mail) a confirmation of receipt of the declaration of withdrawal from the Agreement.
10. In the event of withdrawal from the Agreement, it is considered void.
11. When ordering a product or service (e.g. access to the website), the Consumer may request that it be started before the deadline for exercising the right of withdrawal. However, this will result in the loss of the right of withdrawal.
12. When ordering the delivery of digital content that is not recorded on a tangible medium (e.g. e-books, downloadable computer programs, streaming), the Consumer may request that their delivery begin before the deadline for exercising the right of withdrawal. However, after the Consumer’s express request and a statement that he has acknowledged the information about the loss of the right to withdraw from the contract upon its full performance, this will result in the loss of the right to withdraw from the contract.
13. After withdrawing from the contract, the FutureCollars does not use content other than personal data provided or generated by the user while using the digital content or digital service provided by the FutureCollars, with the exception of content that:
a) they are only useful in connection with the digital content or digital service that was the subject of the contract;
b) relate only to the Participant’s activity while using the digital content or digital service that was the subject of the contract;
c) have been combined by the FutureCollars with other data and cannot be disconnected without undue difficulty;
d) they were created by the Participant jointly with other Participants who can still use them.
14. The FutureCollars provides the Participant at his request and at his expense, within a reasonable time and in a commonly used machine-readable format, content created or provided by the Participant when using the digital content or digital service, other than personal data, with the exception of content referred to in paragraph 13.
15. In the event of withdrawal from the contract for the supply of digital content or digital service, the Consumer is obliged to stop using this digital content or digital service and making it available to third parties.
§ 15. PROTECTION OF COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
1. When providing Participants with information disseminated via the Website, FutureCollars pays close attention to the need to respect intellectual property rights.
2. The FutureCollars provides Participants with Training Materials on the Website for a period of 12 months. Providing a copy of the training materials by the FutureCollars does not result in the transfer of economic copyrights to these materials, which are vested in the FutureCollars or third parties. The content of the Training Materials is protected under the provisions of the Act of February 4, 1994 on copyright and related rights. Participants are entitled to use the Training materials only for their private purposes or related to the performance of work or services for the Participant.
3. Participant who is not a Consumer is entitled to use the Training materials only for the internal needs of his own enterprise. It is forbidden to multiply any training materials, disseminate them, publish them, distribute them, market their copies or make them available in any form and in any way.
4. The websites and their content, including but not limited to articles, mailing lists, graphics, interactive applications, audio and video materials, compilations of materials and user interface (“Content”) are the copyrighted property of FutureCollars, its licensors . The Content also includes any materials that the FutureCollars provides to Participants from the Website via e-mail. You may view the Content and otherwise use the Site for personal, non-commercial use only.
5. Materials made available via the Website marked “Copyright © iCode Trust All rights reserved” are protected by copyright for FutureCollars. Materials to which copyrights are held by other entities (with appropriate copyright notices) are distributed by the FutureCollars on the Internet on the basis of applicable laws and agreements (including license agreements).
6. iCode Trust® Future Collars® and all other logos, product names, trade names are trademarks and registered trademarks of the FutureCollars. All trademarks used in the Materials are the property of their respective owners. Trademarks of the FutureCollars may be used only with the official consent of the FutureCollars.
7. FutureCollars informs that the Website contains copyrighted documents, trademarks and other original materials, in particular texts, photos, graphics and sounds, programs and video materials. The layout used on the Website and the selection of the presented content are an independent subject of copyright protection.
8. Participants of the Website undertake to use all materials presented therein solely for their own personal use. Modification, copying, sending, public display and any use of this content for commercial purposes requires prior written consent by the FutureCollars or by another authorized entity.
9. Participants ensure that any use by them for third parties (via the Website) of copyrighted materials, including their copying, sending and public sharing on the Internet takes place with the consent of authorized entities. In the case of using works or statements of other people, Participants are obliged to clearly indicate the quote in accordance with applicable law. Whenever this paragraph refers to a “Work”, it is understood as any statement posted by the User on the Website, which can be considered a “work” within the meaning of the Act of February 4, 1994 on copyright and related rights.
10. Due to the fact that as a result of the performance of Training by Participant, works/content may be created, Participant upon recording the work/content in any manner transfers all property rights related to the work/content to FutureCollars.
11. Participant transfers to FutureCollars the copyrights to the work/contents, the copyrights arising from the performance of this Agreement on the day of their creation, without any time and territory restrictions on scope of in all fields of exploitation known at the time of conclusion of this Contract, i.e.:
a. in the field of recording and multiplying the work – production of copies of the work using a specific technique, including printing, reprographic, magnetic recording and digital technique;
b. in the scope of trading in the original or copies on which the work was fixed – placing on the market, lending or rental of the original or copies;
c. in the scope of dissemination of the work in a manner other than specified in letter b – public performance, exhibition, display, reproduction, broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can access it in a place and time by themselves chosen.
12. The transfer of property rights is free of charge.
13. Upon the transfer of rights to works, FutureCollars will be entitled to works in the full extent. They will not be limited or encumbered in any way, and FutureCollars will be entitled to dispose of the rights on the terms set out in this Agreement.
14. Participant also authorizes FutureCollars to dispose of and use the works constituting the development of the work, to the extent indicated above. The indicated authorization may be transferred to third parties without separate consent.
15. The transfer of copyrights, including derivative rights to works, shall take place at the time of creation and fixation of a given work.
§ 16. LIABILITY
2. The FutureCollars stipulates that the Services are for informational and educational purposes only and cannot be used as a tool for making any decisions. Training materials and their content are only an expression of the views of the authors of individual publications or a reflection of their knowledge.
2. The FutureCollars is not responsible:
a) for any damages resulting from the use of the Service by the Participants in a manner inconsistent with the law or these Regulations;
b) for any damages resulting from discontinuation of the provision of the Service if it was due to the Participant’s fault or due to a violation of the law or the Regulations;
c) for any damages arising in connection with the use by the Participant of data and information provided as part of the provision of the Service for economic, investment, business purposes, etc.
3. FutureCollars has no control over the contents of any third-party websites that may be linked to, and it disclaims all liability for any loss or damage that may result from a participant’s use of any such third-party websites. Any third-party websites that Participants choose to access are done so at their own risk.
4. FutureCollars shall has no responsibility or liability to Participant for Participant’s inability to access the E-learning platform or Training due to issues beyond FutureCollars’s control such as the speed of Participant’s modem – or other connection devices used, Participant uses of third party security software or firewall/proxy servers, or the performance levels of Participant’s Internet service provider.
5. The FutureCollars shall bear no responsibility for disruptions, including interruptions, in the Website’s operation caused by a Force Majeure event, unlawful actions of third parties or incompatibility of the Website with the Ordering Party’s IT infrastructure.
6. The FutureCollars shall bear no responsibility for e-mail server administrators blocking messages sent to the e-mail address indicated by the Participant in the order and for removing and/or blocking of e-mail by software installed on electronic devices used by the Participant.
7. FutureCollars makes no promises or warranties regarding the possibility that Participant will find employment or receive any other benefits as a result of enrolling in or completing any Training. FutureCollars does not warrant or guarantee that a Participant’s enrollment in or completion of any Training will result in, or increase the likelihood of, Participant receiving an increase in compensation or any other benefit if Participant is already employed or engaged as an employee or consultant.
8. This clause shall survive termination of the Agreement.
9. Any right under the Regulations or the law may only be waived in writing, and such a waiver shall not be deemed to apply to any subsequent breaches or defaults. FutureCollars shall not be deemed to have waived any right or remedy under the Regulations or by reason of FutureCollars’ failure or delay in exercising such right or remedy, nor shall such failure or delay prevent or limit FutureCollars’ later exercise of such right or remedy. The exercise of such right or remedy in full or in part shall not preclude or limit the exercise of that right or remedy or any other right or remedy.
10. Participant understands that it is Participant’s duty to indemnify, defend, hold harmless, and exempt the FutureCollars from any and all liability, damages, and/or costs (including, but not limited to, legal consultants’ fees) resulting from or related to any work or content Participant uploads, from any violation of the terms of this Agreement, or in the event that a third party takes legal action against the FutureCollars related to any work or content.
§ 17. PROCESSING AND PROTECTION OF PERSONAL DATA
1. The administrator of personal data is iCode Trust sp. z o.o. with its registered office in Warsaw at ul. Bukowińska 24D/7, 02-703 Warsaw, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw, 13th Commercial Division of the National Court Register, under the number KRS 0000777251, NIP 5213861303, REGON 382934531.
2. Anybody can contact FutureCollars at the following e-mail address: i[email protected] or at the address of the registered office.
3. The FutureCollars declares that for the purposes of the Agreement, the Ordering Party is obliged to provide in the order, in addition to other data required by the FutureCollars, the following details of the Participant: name, surname, position, telephone number and e-mail address.
4. If the Ordering Party is also a Participant and he/she provides personal data in the order within the meaning of the provisions of the Personal Data Protection Act, the Ordering Party declares that he/she is aware of the purposes and scope of processing such data by the FutureCollars; these goals and scope are determined by the provisions of these Regulations. It is hereby instructed that the Ordering Party has access to the content of their data and correcting them.
5. If the Ordering Party provides personal data of a person who will be a Participant in the order, the Ordering Party declares that:
a) obtained the consent of this person to provide it to the FutureCollars and process it for the purposes specified in the Regulations before providing this address;
b) informed that person about who the FutureCollars is (including its full name and address),
c) provided the purpose and scope of collecting its data by the FutureCollars, including familiarizing it with the Regulations,
d) provided information about the data source,
e) informed about the right to access and correct this data,
f) informed about the Participant’s rights under the provisions of the GDPR. The Ordering Party bears legal responsibility related to the lack of such consent or its withdrawal.
6. The FutureCollars declares that for the purpose of conducting research and statistical analyses, as well as developing statistical research results, as well as sending personalized marketing and commercial information by electronic means, it uses surveys sent to participants and graduates of the Training. Sending a survey to a participant or a graduate of the Training each time involves expressing consent to the processing of personal data obtained by conducting the survey.
7. The FutureCollars informs that FutureCollars uses the publisher’s Google Review Widgets program through which opinions about the course, issued by course participants in social media, in particular such as Facebook, Instagram, YouTube, Twitter, via the Google opinions module and other available Internet sources, are posted on the website https://futurecollars.com/pl/, and thus deciding to leave an opinion, the user agrees to the processing of personal data, including personal data in the form of an image by iCode Trust sp. z o.o. with its registered office in Warsaw at ul. Bukowińska 24D/7, 02-703 Warsaw. At the same time, iCode Trust sp. z o.o. with its registered office in Warsaw informs that the obtained opinions of participants are placed on the website of the FutureCollars or partners only for marketing or promotion purposes, including advertising and sales promotion.
§ 18. FINAL PROVISIONS
1. The FutureCollars can be contacted via the Helpline at the telephone number: +48691950343 from Monday to Friday from 09:00 to 17:00. The helpline does not operate on Saturdays, Sundays and public holidays.[AD1] Helpline employees provide information in Polish and English.
2. The Trainings presented on the Website do not constitute an offer within the meaning of the Civil Code.
3. The law applicable to the contract between the Ordering Party and the FutureCollars, the subject of which are services provided under the conditions set out in these Regulations, is Polish law, subject to point 18 para. 9 below.
4. Any disputes related to the conclusion or performance of the contract by FutureCollars shall be resolved by the competent common courts in Poland.
5. In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the provisions of the Civil Code, the laws of February 4, 1994 on copyright and related rights and the Act of May 30, 2014 on consumer rights and the provisions of the Act on the provision of services electronically, subject to point 18 para. 9 below.
6. Settlement of any disputes arising between the FutureCollars and the Ordering Party, who is a Consumer within the meaning of art. 221 of the Act of April 23, 1964. of the Civil Code (Journal of Laws No. 16, item 93, as amended) are submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
7. The Ordering Party who is a Consumer has the option of using the out-of-court method of dealing with complaints and pursuing claims – information on the rules of access to dispute resolution procedures can be found at the following address: http://www.uokik.gov.pl, in the “Amicable resolution of consumer disputes” tab “. The Consumer also has the right to use the EU ODR online platform for online dispute resolution, available at:http://ec.europa.eu/consumers/odr/.
8. Settlement of any disputes arising between the FutureCollars and the Ordering Party who is not a Consumer within the meaning of art. 221 of the Act of April 23, 1964, the Civil Code (Journal of Laws No. 16, item 93, as amended) shall be submitted to the courts competent for the seat of the FutureCollars.
9. The law chosen by the FutureCollars is Polish law. For contracts concluded with foreign consumers in the country where the FutureCollars provides services, the Consumer is also entitled to rights and claims against the FutureCollars provided for by the national law in force in the territory of the Consumer’s origin.
11. The FutureCollars reserves the right to change the Regulations. Any changes to the Regulations come into force on the date indicated by the FutureCollars, not shorter than 7 days from the date of making them available on the website at www.futurecollars.com. Agreements concluded before the date of entry into force of amendments to these Regulations are implemented on the basis of the provisions in force on the date of placing the order.
12. Each Participant declares that he has read and accepted these Regulations.
13. The above Regulations are valid from April 10, 2023.