§1 Definitions

1.1. Learning Space – a company operating under the name of Learning Space Sp. z o.o. with its registered office in Bialystok, ul. Warszawska 6/32,15-063 Bialystok, NIP: 966-214-57-59; REGON: 387780334 registered in the Register of Entrepreneurs of the National Court Register, under the KRS number 0000875891.
1.2. User or Customer – any individual visiting the Service or the Website, or using one or more functionalities under the terms described in the Terms and Conditionss.
1.3. Account – an individual electronic account, including an administrative panel, activated for the Customer to enable access to the Service.
1.4. Shopping Cart – a system tool that allows Users to make purchases on the Website, in particular, allowing the collection of selected Products in one place for the purpose of placing a collective Order.
1.5. Creator – an entity engaged in the business of providing, selling, or preparing Products to Users, using Learning Space services under a separate agreement.
1.6. Terms and Conditions – these terms and conditions of the Learning Space Website and Service.
1.7. Privacy Policy – the privacy policy of the Learning Space Website and Service.
1.8. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC.
1.9. Service – a web application along with a collection of all data, information, content and functionalities available through it, available at https://learningspace.app, in which functionalities are available in accordance with the Terms and Conditions.
1.10. Website – the website located at https://learningspace.app.
1.11. Products – digital materials presented within the Service, intended for sale, in particular online training courses, video courses and other consumer goods provided and offered by Creators, which can be ordered by the User through the Learning Space Service.
1.12. Sales Agreement or Contract – an agreement for the sale of Products concluded remotely using the Website, between the User and the Creator, based on an Order placed on the Service.
1.13. Services – activities offered to the User by Learning Space through the Service, including in particular: presentation of the Service, presentation of Creators’ Products, facilitating the conclusion of Contracts, including forwarding Orders to the relevant Creator.
1.14. Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2023.2759 consolidated text).
1.15. Order – the User’s statement of intent submitted to the Creator through the Learning Space Service, aiming directly at the conclusion of the Agreement, specifying in particular the type and number of Products and their prices.

§2 GENERAL PROVISIONS

2.1. These Terms and Conditionss constitute the regulations referred to in Article 8 of the Act of July 18, 2002 on the provision of services by electronic means, and set forth the terms and conditions for providing electronic services through the Service and the Website.
2.2. Learning Space provides the Website, which presents information about Learning Space, as well as the Service, where Users have the opportunity to purchase Products from the Creator of their choice. The Service is both informational in nature for the presentation of the Creator’s Products and also allows Users to place Orders.
2.3. The Terms and Conditions define the type and scope of Services and on Web Site, as well as the terms and conditions for entering into and terminating Contracts and the rules for the use of the Website and the Service, as well as the rules for using additional functionalities
2.4. Creators provide information about their Products within the Service, including data related to the Products, particularly their prices, as well as other costs. As part of the information about the Products, the Creator informs about their functionalities, skill development effects, modules, and all prices.
2.5. The User is obliged to provide accurate and correct data, especially with regard to the data necessary to place and execute the Order. Learning Space is not responsible for the impossibility of fulfilling the Order resulting from the provision of false or incorrect data by the User.
2.6. Access to the Service and Website is possible provided that the User’s ICT system meets the minimum technical requirements, i.e. the use of a mobile device with Internet access and equipped with an Internet browser. Creators may stipulate additional conditions depending on how the User intends to use the Products.
2.7. With the exception of placing Orders, no fees are charged or collected from Users for the use of the Service and Website. The parties to the contract consisting in the Products are exclusively the Creator and the User. Learning Space is not responsible for the content of the contract linking the Customer and the User, including, in particular, for the actions and omissions of the Customer and the User. The handling of payments related to the placement of the Order, is carried out independently of Learning Space by the Creator.
2.8. The User is obliged to use the Service and Website in accordance with the law and good practices, taking into account personal rights and intellectual property rights, in particular copyright, belonging to Learning Space, Creators or third parties.
2.9. The User is obliged not to take any action that could affect the proper functioning of the Service and Website. In particular, it is forbidden to interfere in any way with the content posted on the Service and the Website.
2.10. It is prohibited for Users to provide unlawful content using the Service.
2.11. The Service and Website are available on a continuous basis, subject to the right to temporary shutdowns caused by failure, maintenance, upgrades or technical requirements.
2.12. Learning Space informs that the use of the Services involves the typical risks and threats of the possibility of finding a weakness in the cryptographic system and breaking the secured ICT system in order to obtain personal data or other information. In order to minimize the referenced risk, it is recommended to use anti-virus programs or measures of protecting identification on the Internet.

§3 MAKING ORDERS ON THE SITE

3.1. Learning Space makes the Products available on behalf of and for the benefit of the Creator in the Service, in accordance with the data provided by the Creator, along with the price, pricing list, Creator’s terms and conditions, and privacy policy.
3.2. To place an Order, the User should navigate to the Product in which the User is interested in, add the Products from the Creator’s assortment to the Shopping Cart, accept the total amount to be paid for the Creator’s Products, provide the data necessary to complete the Order, accept the Creator’s terms and conditions, as well as read the Creator’s privacy policy, and then click on the „Purchase” button using the Creator’s payment processing tool.
3.3. Orders can be placed through the Service after correctly following the order placement procedure and providing the necessary data to complete the Order. The following information must be provided by the User to place the Order:
3.3.1.first and last name and e-mail address (and in the case of a User who is a business entity – name and surname of the person placing the Order on his behalf) and invoice data;
3.3.2. reading and accepting the Terms and Conditions of the Creator by checking the box marked „I declare that I have read Regulations and Privacy Policy of the Creator”.
3.3.3. reading and accepting the Terms and Conditions by checking the box marked „I declare that I have read and accept the Learning Space Terms and Conditions”;
3.3.4. familiarize yourself with the information on the processing of personal data provided by the Creator;
3.3.5. to make a statement that the User expressly consents to the immediate commencement of the provision of services, if prior to the commencement of the provision of the Services, the User has been informed that after the provision of the Services, the User will lose the right to withdraw from the contract and has accepted this, as well as the fact that if the User exercises his or her right to withdraw, the User will be obliged to pay the remuneration for the services performed up to the time of withdrawal.
3.4. Only adults with full legal capacity may place orders on the Website. The order may be placed during the opening hours of the Creator’s premises.
3.5. Learning Space, upon receipt of the Order and confirmation of payment, shall forward the Order to the Creator, who, upon acceptance of the Order, shall inform the User and proceed to process the Order.
3.6. Confirmation of acceptance of the Order in accordance with section 3.5. of these Terms and Conditions constitutes the acceptance of the User’s offer resulting from the content of this Order, and thus the conclusion of the Sales Agreement on the terms specified in the Order and the Terms and Conditions.
3.7. By placing an Order in the Service, the User makes an offer to the Creator to conclude a Sales Agreement for the Products indicated in the Order under the terms and conditions specified in the Order and these Terms and Conditions.
3.8. After confirmation of acceptance of the Order by the Creator, the User is not entitled to change the type and quantity of Products covered by the Order.
3.9. In connection with the execution of the Sales Agreement, the User is obliged to pay the remuneration that includes the price of all Products of the Creator that are the subject of the respective Sales Agreement.
3.10. All prices presented in the Service are expressed in Polish zloty.
3.11. 3.11. The price specified in the Order is the total price the User is obliged to pay, including any applicable tax and any other fees and charges charged collected from the User.
3.12. The Product is released to the User by the Creator, using the Service or, in special cases, in another manner agreed upon with the User.
3.13. Learning Space and the Creator reserve the right to include selected products with a promotional price during a specified period. The terms of purchase in the promotion may differ from the terms of purchase contained in these Terms and Conditions. The terms and conditions of the promotion will be clearly indicated when the Order is placed.
3.14. If, after the expiration of the purchased period, the User does not pay for access to the Service for the next period, access to the Service will be blocked, and the agreement with the Creator will be terminated under the terms specified in the Creator’s regulations.
3.15. In the event of termination of the agreement between the parties, Learning Space will remove from the System any materials entered by the User after 90 days.

§4 ACCOUNT SET-UP AND MAINTENANCE

4.1. Creating an Account is possible by filling in all fields of the registration form provided in the Service or as part of placing an Order.
4.2. The User may register in the Service ( create a User account). However, registration is not required to place an Order through the Service.
4.3. In order to register in our Service, it is necessary that the User:
4.3.1. filled out the form available on the Website, providing an e-mail address and password;
4.3.2. accepted the Terms and Conditions (agreed to comply with the provisions of these Terms and Conditions);
4.3.3. has familiarized himself with the contents of the Privacy Policy;
4.3.4. confirmed the registration of the User’s account by clicking on the verification link sent to the email address provided.
4.4. After entering the data necessary for Account registration in accordance with section 3.2., the User will receive an automatic email with an activation link. To finalize the registration process and create an Account, it is necessary to click the link to activate the Account. Upon confirmation, the Account will be successfully created.
4.5. Registration on the Service and use of its functionalities (except for placing Orders) are free of charge.
4.6. After registration, each login is performed using the credentials provided in the registration form.
4.7. After registration, you have access to your account, where you can view your orders, designated addresses, manage payment addresses, and change your password and Account details.
4.8 The User is obliged not to share his Account password with third parties.
4.9. You are entitled to use the Service and the purchased Product for your own benefit only.
4.10. The User may delete his/her Account at any time. In order to delete an Account, the User should send an email request to delete the account to hello@learningspace.app indicating the email address currently registered with the Service.
4.11. You hereby represent and warrant that:

4.11.1. shall ensure and maintain the accuracy and timeliness of all information relating to its Account;

4.11.2 by submitting or posting materials presents his/her own views and opinions within the Service, taking full responsibility for the materials;

4.11.3 has all necessary licenses, rights, consents and permissions required to operate the Services and grants you the authority to use the User Content you submit as provided in these Terms and Conditions;

4.11.4 User content submitted will not violate or misuse any intellectual property rights, in particular, property or personal copyrights of third parties, and will not contain the image of individuals, in particular, third parties.

§5 PAYMENT FOR ORDERS

5.1. In the event of noticing irregularities in the performance of the Agreement or in the Products, the User should file a complaint directly to the Creator using contact details provided in the Service, including a description of the identified irregularities.
5.2. During the process of placing an Order with the Creator, the User is provided with information on the available payment methods provided by the Creator and is required to select one of these methods before placing the Order in the manner specified in Creator’s regulations.
5.3. It is the Creator’s responsibility to provide any proof of purchase, including any receipts or VAT invoice, as specified in the Creator’s regulations.
5.4. In order to receive a VAT invoice for the completion of the Order, as well as to identify the User, the User making the Order within the framework of business activity or on behalf of a legal entity is additionally obliged to provide the tax identification number (NIP), which will be included in the VAT invoice. The Creator is obliged to issue a VAT invoice for the execution of the Order.

§6 COMPLAINTS REGARDING PRODUCTS AND SERVICES

6.1. In the event of noticing irregularities in the performance of the Agreement or in the Products, the User should file a complaint directly to the Creator using contact details provided in the Service, including a description of the identified irregularities.
6.2. 6.2. Learning Space is not responsible for the execution of the Order by the Creator including problems and other irregularities related to the execution of the Agreement or with the Products. In the event of a defect in a Product purchased from the Creator, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code under the terms of the Consumer Rights Act and the Creator’s regulations.
6.3. In case of a User’s complaint regarding Learning Space Services, the complaint should be forwarded to Learning Space via:
6.3.1. contact form available at https://learningspace.app
6.3.2. e-mail to the e-mail addressat: hello@learningspace.app
6.3.3. by regular mail to the address: Learning Space with the note „Complaint”.
6.4. The complaint should contain the details of the person making the complaint, i.e. name, surname, contact details (address or e-mail address or contact telephone number), indication of the reason for the complaint, the content of the request and proof of purchase.
6.5. Upon receipt by Learning Space of the complaint referred to in section 6.3. and 6.4. it will be promptly processed, but no later than within two weeks from the date of receipt.
6.6. The User may obtain free assistance in resolving a dispute between the User and Learning Space by applying to the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
6.7. Detailed information on the User’s alternative methods of handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of local consumer ombudsmen, social organizations for consumer protection, Provincial Inspectorates of Commercial Inspection, as well as at: www.uokik.gov.pl.
6.8. In the event of a consumer dispute arising from electronic services or a distance transaction, you may use the „Online Dispute Resolution” (ODR) platform available in the European Union. This tool allows you to resolve a dispute amicably, eliminating the need to attend court. The ODR platform is available at: www.ec.europa.eu/odr.

§7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

7.1. In accordance with the Consumer Rights Act, a User who is a consumer has the right to withdraw in writing from a concluded contract without giving any reason within fourteen days from the date of commencement of the Services. To observe the fourteen-day period, it is sufficient to send the withdrawal statement before its expiration.
7.2. Learning Space allows the user to submit a statement of withdrawal by e-mail to the address: hello@learningspace.app Upon receipt of the statement by e-mail, Learning Space will immediately send to the User who is a consumer, on a durable medium, an acknowledgement of receipt of the statement of withdrawal from the contract. The statement may be submitted on a form, the model of which is attached as Appendix No. 1 to these Terms and Conditions. The use of the said form is optional.
7.3. In the event of withdrawal from the Contract, all payments received from the User will be refunded promptly, and in any case no later than 14 days from the date on which the Store was informed of the User’s decision to exercise his right of withdrawal from the Contract with the Store.
7.4. The User is not entitled to withdraw from the Contract if the Service Provider has performed the service in full with the express consent of the User, who was informed before the performance of the service that after its fulfillment it will lose the right to withdraw from the Contract and has accepted it.
7.5. Learning Space indicates to the User that he/she is entitled to withdraw from the Agreement, in case of force majeure or any other technical problems preventing the execution of the Agreement.
7.6. In the event that either Party successfully withdraws from the Agreement, it shall be treated as null and void. Learning Space undertakes to return the payment made to the User using the same means of payment used by the User.

§8 INTELLECTUAL PROPERTY RIGHTS

8.1. Learning Space reserves the copyright to all information and materials available on the Service and the Website. Use of such content is permitted only within the scope of permitted personal use by the User. It is forbidden to copy, reproduce, distribute on the Internet and any other use of the materials and information posted on the Website and the Service that exceeds the limits allowed by law.
8.2. Permission is granted to use the materials in the performance of this Agreement, i.e., by analyzing and processing them so as to prepare recommendations on the course structure and other aspects of the course in question.

§9 PROCESSING OF PERSONAL DATA

9.1.Personal data of Users using the services available through the Service and the Website is processed in accordance with the principles described in the Privacy Policy.

§10 ACCESS BLOCKING

10.1. Learning Space has the right to block access to some or all functionalities of the System, uploaded materials and content, including User accounts, if the User violates the law or violates the provisions of these Terms and Conditions (in particular, by providing access to an Account to third parties) and also if, when using the Services, the User engages in unusual activities, deviating from the normal use of the Service in accordance with its purpose, in particular, those that may cause overload of the System, such as, for example, establishing many short-lived connections.
10.2. In particular, blocking access is possible in the following cases:
10.2.1.The Customer has intentionally provided data that is untrue or violates the rights of third parties when registering on the Website or when placing an Order,
10.2.2. The User uses the Service in a manner inconsistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as the generally accepted rules of Internet use,
10.2.3. The User uses the Service in a manner that is disruptive to other Users or Learning Space,
10.2.4. The User unlawfully make the Products available to third parties.
10.3. Learning Space is not responsible for the content uploaded by the User ito the Service.

§11 FINAL PROVISIONS

The User may contact Learning Space by traditional mail sent to the address of Learning Space’s, via e-mail address: hello@learningspace.app, or through the contact form available on the Website.
11.2. The Terms and Conditions are made available free of charge for electronic download in PDF format on the Website and within the Service, allowing Users to store and reproduce them in the ordinary course of business.
11.3. Learning Space shall not be liable for non-performance or improper performance of its obligations under these Terms and Conditions, provided that the non-performance or improper performance is caused by circumstances beyond Learning Space’s control despite exercising due diligence (force majeure). Cases of force majeure shall be considered in particular such events as strike, war, state of emergency, state of epidemics, floods, fires, tornadoes. The above includes both cases of force majeure occurring directly on the part of Learning Space, as well as suppliers, subcontractors and other collaborators of Learning Space. In the event of force majeure, performance of the obligation may be suspended for a period equal to the period of force majeure.
11.4. Learning Space is not responsible, in particular, for:
11.4.1. any damage caused to third parties as a result of the User’s use of access to Services in a manner contrary to the Terms and Conditions or applicable laws,
11.4.2. any damage caused to third parties as a result of the User providing false data on the registration form,
11.4.3. for the inability to use the Service or the Website caused by the User’s failure to meet the technical requirements indicated in the Terms and Conditions.
11.5. 11.5. Learning Space is authorized to change the provisions of the Terms and Conditions at any time, in particular in the event of the occurrence of any of the valid reasons indicated below:
11.5.1. the need to adapt the Terms and Conditions to the legal regulations,
11.5.2. changes in the scope of services provided through the Service and Website,
11.5.3 changes in the technical conditions for the use of the Services specified in the Terms and Conditions.
11.6. Learning Space will notify the User about the changes made to these Terms and Conditions at least 14 days before they take effect. The changes will also be published in the form of a unified text with information about them on the Service and the Website.
11.7. These Terms and Conditions come into force on October 1, 2024.
11.8. Disputes arising from these Terms and Conditions, which can not be resolved amicably between Users and Learning Space, will be settled by a common court of competent jurisdiction according to the provisions of Polish law. Any correspondence, statements, records and other such verbal communication will be conducted in Polish .

Załączniki:

Appendix 1 to the Terms and Conditions

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Appendix 1 to the Terms and Conditions

WITHDRAWAL FORM

Please be advised that this form must be completed and returned́ if you wish to withdraw from the Contract, along with any proof of purchase (Order).

Recipient: Learning Space Sp. z o.o.,

Address: ul. Warszawska 6/32, 15-063 Białystok, Poland

E-mail: hello@learningspace.app

I hereby inform you of my withdrawal from the Contract for the following Services:

Date of Contract conclusion:

Full name of the User:

User’s address:

Customer signature and date: