COURSE RULES

COURSE RULES

§1 Basic information

Here you can learn more about what it is like to work with us. We hope that explaining these principles will help us establish a continuous and effective collaboration.

1. Germanicus Pro Kursy i Tłumaczenia Spółka z Ograniczoną Odpowiedzialnością with its registered office in Łódź, 90-560 Łódź, Karolewska 19A/4, entered into the National Court Register maintained by the District Court for Łódź Śródmieście in Łódź, 20^th Division of the National Court Register under the number: 0000882649, Polish business registry (REGON) number: 388121527, tax ID (NIP): 7272847926, share capital fully paid up, represented by Dominika Szeleszczyk – the President of the Management Board – hereinafter referred to as “Germanicus” provides educational services to the Participant, i.e. conducts classes that it has undertaken to organise in the form of individual or group classes, books the dates of classes and remains ready to provide services, as well as prepares the necessary learning materials. The Organiser ensures that the Participant has proper conditions for learning through a properly selected curriculum, teaching materials and qualified staff.
2. Detailed principles of cooperation are specified in the Agreement/Offer containing individual arrangements between the Parties (hereinafter referred to as the Agreement) together with these Rules.
3. The cooperation shall be concluded upon the Client’s acceptance of the Agreement and the Rules (e.g. by accepting the terms and conditions via e-mail, by signing the Agreement or via dedicated tools for signing agreements online), unless the Agreement states that the commencement of cooperation is additionally dependent on making a payment.
4. Course schedule (unless otherwise specified in the Agreement):

1) in the case of group classes, it is determined no later than before the start of the classes and requires the Client’s approval;

2) in the case of individual classes, it is individually agreed upon by the Organiser and the Participant/Client.

• The Participant is obliged to follow the rules prevailing during classes, among others, to prepare for classes, observe the rules of personal culture, and not to disrupt work during classes.
• The materials provided by Germanicus may only be used by the Client/Participant for their own personal use. Further distribution, sharing, downloading and uploading in any way of the recordings and other information and materials provided is prohibited. Copyright is held by the Organiser or another entity from which the Organiser has obtained an appropriate licence. The Organiser may also use the materials based on other legal grounds.
• In the case of on-site classes, Germanicus is responsible for the Participant’s safety during the classes. If the Participant is not a party to the Agreement, the Client provides care for the Participant before and after the classes. The Organiser is not liable for any damages resulting from reasons beyond the Organiser’s control (force majeure, sole fault of the Client or Participant). In the case of group classes, in a situation where the number of people in a group participating in on-line classes drops below 3, and in the case of a group participating in on-site classes, the number of people in the group drops below 6, Germanicus shall have the right to terminate the Agreement for important reasons. Germanicus may also suggest transferring the Participant to another group or increasing the fee, and the Client shall have the right to reject the new offer. 

§2 Changing the date of classes

We take care for your development with us. Depending on the method of cooperation you have chosen, we not only conduct classes but also book your appointments. Here are the principles that will ensure our smooth collaboration.

1. Due to the specific nature of group classes:

1) cancellation/change of the class date by the Client/Participant due to reasons attributable to the Client/Participant is not possible;

2) the absence of the Participant at classes for reasons attributable to the Client/Participant does not release the Client from the obligation to pay for classes that took place in accordance with the schedule or which the Organiser was ready to conduct in connection with the booking of the date for the Participant;

2. Due to the specific nature of individual classes (1:1), cancellation/change of the class date by the Client/Participant for reasons attributable to the Client/Participant is possible under the terms described below:

1) the Client/Participant shall inform Germanicus about the cancellation/change of the date no later than 24 hours before the planned classes (e.g. by text message/e-mail or other means of communication accepted by the Organiser);

2) the Client/Participant is obliged to make up for the classes the date of which has been changed no later than by the end of the following calendar month;

3) the Client/Participant may cancel a maximum of one class per month;

4) the absence of the Participant at classes in case of lack of class cancellation in accordance with points 1-3 shall not release from the obligation to pay the fee for the classes that took place in accordance with the schedule or which Germanicus was ready to conduct in connection with the booking of the date for the Participant;

5) in the event of absence at classes, the Participant has the opportunity to receive access to the prepared materials from the classes and information on the subject of the classes during the Participant’s absence;

6) cancellation/change of the date by the Client/Participant referred to in paragraph 2 applies to cancellation without a valid reason or cancellation without giving a reason;

7) Germanicus reserves the right to change/cancel a class date only for a valid reason. Cancellations/changes should be made no later than 24 hours before the scheduled class date, unless the valid reason occurs later (e.g. sudden illness, unforeseen event). In such a situation, another date shall be set for making up the missed class, in consultation with the Participant/Client.

§3 Amendments to the Agreement

We take care for maintaining our arrangements unchanged, but if, for important reasons, changes need to be made, we want you to know how it is done.

1. Germanicus has the right to introduce changes to the Agreement/Rules for important reasons, in particular in the event of a significant change in economic factors (e.g. due to an increase in public charges and fees, an increase in administrative fees), provided that there is a cause-and-effect relationship between the above-mentioned change and the change in the costs of providing services by the Organiser, and also due to changes in legal provisions (including the Civil Code, the Consumer Rights Act) or decisions and rulings to the extent they require the Organiser to introduce changes. Changes may be introduced no more than twice during the term of the Agreement.
2. The Client shall be notified of any changes to the Agreement/Rules by e-mail or in writing no later than 14 days before the planned date of introducing the changes, with a note that if the Client does not notify the Organiser of any objection to these changes or does not terminate the Agreement before the date of entry into force of the changes, the Client shall be deemed to have consented to them.
3. If the Client terminates the Agreement or objects to the changes but does not terminate the Agreement, the Agreement shall terminate on the day preceding the date on which the changes come into effect.
4. The procedure referred to above shall not apply to changing the form of conducting classes from on-site to on-line classes in the event that for important reasons it is difficult or impossible to conduct classes on-site, in particular, if a state of epidemics, state of epidemiological threat or state of emergency is declared or other restrictions are introduced that hinder or prevent the conduct of on-site classes e.g. in connection with the development of the epidemic situation as a result of administrative restrictions or as a result of recommendations of the Chief Sanitary Inspector, as well as when a change in the form of conducting classes is justified by important safety considerations for the Organiser and the Participants. If the above-mentioned circumstances occur the Client consents to the change of the form of classes from on-site to on-line classes until such circumstances cease. Detailed information regarding the requirements for on-line classes is provided in §6 of the Rules [On-line Classes]. The above-mentioned change of the form of conducting classes shall not constitute an amendment to the Agreement/Rules and shall not require an annex, shall not constitute a basis for termination/withdrawal from the agreement, and shall not constitute a basis for changing the amount of fees for the classes.
5. Cancellation/change of the date of classes for important reasons attributable to the Organiser, referred to in §2 and §6 [Change of the date of classes/On-line classes] shall not constitute an amendment to the Agreement. If the Participant is unable to make up for the missed classes on the new date suggested by the Organiser, the fee for these classes shall be refunded or transferred to the next settlement period or settled as part of the final settlement upon termination of the Agreement – ​​in accordance with the Client’s decision.

§4 Termination of the Agreement

Each form and model of cooperation with us has specific goals that we strive to achieve. Maximum benefits can only be achieved if you go through the entire cycle we have planned for you. This is why it is crucial not to terminate our collaboration before the agreed-upon date. However, if you decide to terminate it for any reason, here are the terms and conditions under which this can occur.

1. The Client shall have the right to terminate the Agreement with a 1-month notice period.

2. Termination of the Agreement should take place by submitting a declaration of termination of the Agreement in writing or in the form of a document (e.g. by e-mail).

3. Germanicus shall have the right to terminate the Agreement for important reasons specified in these Rules, as well as in the event of a material breach by the Client/Participant of the provisions of the Rules and the Agreement, including the failure to pay the fee for the classes after a prior request to cease the violation and setting an appropriate additional deadline under pain of immediate termination/dissolution of the Agreement.

4. Upon termination of the Agreement, Germanicus shall settle the fees paid, among others, shall calculate the Remuneration for the performed Agreement. The remuneration for the performed agreement corresponds to the fees for the classes that have been completed until the date of termination of the Agreement (i.e. number of classes x fee for a single class) and expenses incurred by the Organiser for the proper performance of the Agreement.

5. In the event of a payment in an amount higher than the Remuneration for the performed Agreement, Germanicus shall return the overpayment to the Client immediately, but no later than within 14 days from the date of termination of the Agreement, to the bank account indicated by the Client or in another manner indicated by the Client.

5. In the event of a payment for classes in an amount lower than the Remuneration for the performed Agreement, the Customer is obliged to settle the underpayment (missing amount) immediately, but no later than within 14 days from the date of the request to the bank account indicated by Germanicus.

6. The provisions of paragraph 1 shall apply to the termination of the Agreement without a valid reason or without stating a reason.

§5 Image

We take care for the quality of our classes, so there may be a need to record them (e.g. in order to prepare additional materials for you, plan further work within our classes with methodologists or other specialists who support us in ensuring maximum benefits for the participants). From time to time, we may record classes to share the video with you or other absent participants. Here you can read what it is like at our school.

1. The Client consents to the recording, use and dissemination by the Organiser of the Participant’s image in the form of recordings/photos from the classes/events organised by the Organiser for internal, documentary and educational purposes. The Client (unless the Client is also a Participant) is obliged to obtain the Participant’s consent to the extent specified in §5 before concluding the Agreement.

2. If the Client consents to the recording, use and dissemination of the Participant’s image for marketing purposes, the consent shall cover any and all forms of publication, including on the School’s website and social media (Instagram/Facebook/TikTok etc). In the event of withdrawal of image consent, the Client is obliged to indicate specific publications that should be removed.

3. The image of the Participant referred to in paragraphs 1-2 may be used for various forms of electronic processing, cropping and composition (including changing the photo format, sharpening, colour correction). The image may also be combined with images of other people participating in classes/events organised by the Organiser, and may also be added to other materials created as part of the Organiser’s activities. Consent covers any and all forms of publication. The Client agrees not to withdraw the consent to image sharing.

4. The Participant may not record, use and distribute the image of other participants/lecturers without the prior consent of the above-mentioned persons.

§6 On-line classes

If classes are conducted on-line or materials are provided on-line, it’s essential to ensure that you have the minimum equipment that fulfils technical requirements. Check what you will need to take advantage of this.

1. In the case of on-line classes or on-line submission of materials, the Participant should have:

– access to the Internet and an active e-mail,

– in the case of on-line classes, additionally computer equipment for participating in classes, headphones or a speaker for playing sound, as well as a microphone and a camera.

2. It is recommended to participate in classes using a permanent Internet connection. Due to its nature, mobile connection may cause disruptions, including interruptions in class participation.

3. The Organiser is not responsible for technical irregularities in a situation where the cause lies with the Client/Participant or other entities whose services the Client/Participant uses (e.g. Internet access service), and which services may have a direct/indirect impact on the ability to use the Organiser’s services. In the event of the above-mentioned technical problems that prevent participation in the class, the class shall be deemed to have been completed due to the Organiser’s readiness to provide services and the booking of the date.

4. In the event of technical problems at the side of the Organiser or entities supporting the Organiser in the performance of the Agreement, which prevent the classes from being conducted in whole or in part, these classes – in whole or in the part in which they could not be conducted, respectively, shall be postponed to another date in accordance with the instructions of the Participant/Client.

5. The materials shared can be in the *.PDF*, *.doc, *.mp3, *.mp4 ,*.zip or *.rar format, and the Participant must have programmes that support the files listed above.

6. If the materials are made available via a platform/programme/application, the Participant shall have access to the aforementioned platform. The Organiser shall provide the Participant with instructions on how to access the aforementioned platforms.

§7 Final provisions

Here you will find provisions found in most contracts. For formality reasons, we have also included them in our Rules.

1. The Client declares that the Client/Participant has read the attachment to the Rules, i.e. the information clause, within which the Organiser has fulfilled the information obligations arising from, among others, the GDPR, the Act on the provision of electronic services and the Act on consumer rights.

2. The Agreement and the Rules do not exclude or limit the rights of the Client who is a Consumer or an Entrepreneur with consumer rights arising from mandatory provisions of law.

3. During force majeure, the Parties to the Agreement shall be released from any and all liability for non-performance or improper performance of the Agreement, provided that the circumstances of force majeure constitute an obstacle to the performance thereof. The above shall also apply to the period immediately preceding or immediately following the occurrence of force majeure, if only during the indicated period the impact of force majeure constitutes an obstacle to the performance of the Agreement. „Force majeure” shall be understood as an accidental or natural event, completely independent of the will and action of the Parties, which could not have been predicted and prevented, in particular events such as: flood, burglary, war, act of terror, introduction of a state of emergency.

4. In any matters not regulated herein, generally applicable provisions shall apply, including the provisions of the Civil Code and the Consumer Rights Act (if applicable).

Attachment:

– information clause

INFORMATION CLAUSE

Fulfilling the information obligation arising from the provisions of the Act on the provision of services by electronic means, as well as the Act of 30 May 2014 on consumer rights and the provisions of the GDPR, we provide the most important information below:

a.i.1. of the GDPR: the Organiser is the personal data Controller.

The data will be processed

a) for the purpose of concluding and performing the agreement (Article 6(1)(b) of the GDPR);

If additional data is provided that may improve the performance of the agreement, the processing will be based on the legitimate interest of the Controller until the business purpose ceases or an objection is raised (Article 6(1)(f) of the GDPR); b) in order to fulfil the legal obligation incumbent on the Controller (Article 6(1)(c) of the GDPR), including, among others, tax and accounting regulations and the provisions of the Act of 13 May 2016 on counteracting threats of sexual crime and the protection of minors in connection with the collection of documentation related to the implementation of activities aimed at protecting minors, in particular concerning, among others, receiving reports of events threatening a minor and providing them with support, documenting and storing disclosed or reported incidents or events threatening the well-being of a minor. The activities relating to the protection of minors referred to above are also carried out for reasons of important public interest in accordance with Article 9(2)(b) of the GDPR; c) in order to pursue the legitimate interest of the Controller (including in the form of establishing or pursuing claims/defending against claims/marketing the company’s services and products, opinions) – i.e. until the statute of limitations for claims/cessation of the business purpose or an objection is raised.

a.i.2. To achieve the above-mentioned purposes, data may be entrusted to, among others, a hosting company, a company providing accounting and bookkeeping services, an online payment operator, lecturers, a customer service platform, couriers, post offices, and a lawyer. You have the right to request access to your personal data, rectification, erasure or restriction of data processing and to object to processing, as well as the right to data portability and the right to lodge a complaint with the supervisory authority. Consent may be withdrawn at any time without affecting the lawfulness of the processing based on the consent before its withdrawal. To the extent that data is processed for the purpose of concluding and performing the agreement or for the purpose of fulfilling legal obligations or establishing/pursuing or defending against claims, the provision of data is voluntary, but may prevent the conclusion of the agreement (this shall not apply to optional data).

a.i.3. Complaints: The public nature of the Internet and the use of services provided electronically may involve the risk of data being obtained and modified by unauthorised persons, therefore appropriate technical measures should be applied to minimise the described risks, in particular antivirus and identity protection programmes. The Organiser never asks for the Password to be made available to them in any form. As part of the services provided, the provision of illegal content is prohibited. Complaints regarding services provided electronically can be directed to the Organiser’s address. Complaints shall be reviewed within 14 days.

a.i.4. Information regarding withdrawal from the Agreement: we hereby inform you that in the event of concluding an agreement at a distance or outside the Organiser’s registered office, the Client who is a consumer or an entrepreneur with consumer rights within the meaning of Article 385⁵ of the Civil Code has the statutory right to withdraw from the agreement without giving any reason within 14 days from the date of conclusion of the agreement, subject to paragraph 5. The deadline for withdrawal from the agreement shall expire after 14 days from the date of conclusion of the agreement (in the case of agreements for the provision of services). To exercise the right of withdrawal, you must inform us of your decision to withdraw from this agreement by means of an unequivocal statement (e.g. a letter sent by post or e-mail with the following content: „I am withdrawing from the agreement dated …). You may use the draft withdrawal form, but this is not obligatory. In order to meet the withdrawal deadline, it is sufficient for you to send information concerning the exercise of your right to withdraw from the agreement before the expiry of the withdrawal deadline. If you withdraw from this agreement, we will reimburse to you all the payments received from you immediately, and in any event no later than 14 days from the day on which we are informed of your decision to exercise the right to withdraw from this agreement. We will make the reimbursement using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. If you have requested the commencement of the provision of services before the expiry of the withdrawal period, you will pay us an amount proportional to the scope of services provided up to the moment on which you informed us of your withdrawal from this agreement.

a.i.5. The Client shall not have the statutory right to withdraw from cooperation if the Organiser has fully performed the service or has commenced the provision of the service for the supply of digital content with the express and prior consent of the Client, who was informed before the commencement of the provision that after the provision of the service they shall lose the right to withdraw from cooperation and has accepted this. In the case of a service involving the provision of digital content, the Organiser provides the Client with confirmation of receipt of the consent.

a.i.6. The Client may apply to a permanent consumer arbitration court with a request to resolve a dispute arising from the agreement, to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings, to the district (municipal) consumer rights ombudsman or to a social organisation whose statutory tasks include consumer protection and obtain assistance regarding the agreement.