Terms & Conditions

Users ordering Training on the E-commerce Platform

§ 1

[DEFINITIONS]

The terms used have the meanings given below:

Terms and Conditions – these terms and conditions of the “Knowly” e-learning platform, constituting the terms and conditions for the provision of services by electronic means;
Service Provider – MWT Solutions S.A. with its registered office in Poznań (Szyperska 14 Street, 61-754 Poznań);
Client – a natural person, a legal person or a person without legal personality, using the Platform and for whom the Service Provider may provide the services described in the Terms and Conditions; The Client may be a Consumer, an Entrepreneur or an Entrepreneur-Consumer;
Consumer – a natural person performing a legal act (concluding an Agreement or a Training Agreement) not directly related to his business or professional activity;
Entrepreneur – a natural person, a legal person or an organisational unit that is not a legal person, which is granted legal capacity by a separate act, and who performs business activity;
Entrepreneur-Consumer – an entrepreneur who has been granted consumer rights, i.e. a natural person concluding an agreement directly related to his business activity, when it follows from the content of the agreement that it does not have a professional character for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity;
Platform – the ZOHO Learn online platform called “Knowly”, dedicated to the Service Provider, on which the Service Provider places e-learning trainings; the platform is provided by a third-party provider;
Training – Training in the use of ManageEngine software, prepared by the Service Provider and placed on the Platform, made available to Clients for a fee on the terms specified in the Terms and Conditions;
E-commerce Platform – an online store where Users can purchase access to Trainings;
Client Account – a set of resources in the Platform’s ICT system, marked with an individual name (login) and password provided by the Client, allowing the Client to use the Platform’s functionality;
Registration Form – a form made available to Clients after clicking on the activation link, used to create a Client Account and indicate basic data;
Training Agreement – an agreement concluded by the Client with the Service Provider, on the basis of which the Service Provider provides digital content, i.e. makes available to the Client on the Platform the Trainings purchased by the Client, in accordance with the provisions of the Terms and Conditions.

§ 2

[GENERAL PROVISIONS]

The Terms and Conditions define the rules of operation of the Platform, including the rules for concluding the Training Agreement.
Contact with the Service Provider is possible using the following forms of contact:
Email address: support@mwtsolutions.eu;
phone number: +48 61 623 21 17 ;
correspondence address: 14 Szyperska Street, 61-754 Poznań.
The Service Provider provides services to its Clients electronically via the E-commerce Platform and the Platform.
The Client is obliged to read the Terms and Conditions before starting to use the services offered through the Platform and to comply with their provisions.
The Service Provider makes the Terms and Conditions available to the Clients free of charge before concluding the Agreement in a way that allows them to familiarize themselves with their content and record their content (e.g. by copying them and saving them on their device).

§ 3

[SERVICES PROVIDED]

The Service Provider provides the following services to Clients through the Platform:
creation of a Client Account,
providing Clients with access to selected Trainings,
enabling Clients to issue a rating of Trainings,
issuing certificates to Clients for completed Trainings.
Access to the Trainings is purchased using the E-commerce Platform or placing an individual order with the Service Provider, including through the Partner.
In order to conclude the Training Agreement, the Client is obliged to accept the Terms and Conditions.
Acceptance of the Terms and Conditions by the Client is voluntary, but in the event of non-acceptance, the Service Provider refuses to provide services.

§ 4

[TERMS OF USE]

In order to use the Platform, the Client should have access to an end device (e.g. computer, telephone) with a web browser and access to the Internet, and have an active e-mail account.
The use of the Platform is associated with risks related to Internet security, such as the possibility of unauthorized access to personal data or takeover of the Client’s Account by third parties. The service provider recommends that you use appropriate precautions, such as strong passwords and up-to-date security software, to minimize these risks.
The Client is obliged to use the Platform only in accordance with the provisions of the Terms and Conditions and with the applicable provisions of law.
The Client is prohibited from providing or sharing content of an unlawful nature, violating the rights of third parties or contrary to good morals, including through comments or opinions.
The Service Provider has the right to moderate or remove illegal content.
Clients may report content that they consider to be illegal by sending an e-mail to the Service Provider’s address indicated in the Terms and Conditions. The report should contain a description of the violation and data enabling the identification of the reported content.
Reports are considered promptly, taking into account the circumstances of the case and the nature of the reported content. The customer whose content has been removed is informed of this decision and the reason for the removal of the content.

§ 5

[CUSTOMER ACCOUNT]

A Client Account is created by performing the following actions by the Client:
Clicking on the “Accept invitation” button in the email with the invitation to the Platform;
Creating a password to the Platform;
Data editing.
The Service of maintaining the Client’s Account is provided by the Service Provider free of charge, in order to enable access to the purchased Training. The Client’s Account is created for a definite period of time, i.e. for the period of access to the purchased Trainings. After this period, the Client’s Account is automatically deleted.

§ 6

[TRAINING AND TRAINING AGREEMENT]

Trainings are made available by the Service Provider on the Platform.
After creating a Client Account, the Client has access to a complete catalogue of Trainings. Details about the Training are available in its description. The description also includes a link to the E-commerce Platform, where you can purchase access to training.
The Client may purchase access to the Training through the E-commerce Platform using a dedicated form, for the price indicated in a given Training. Payment is made using one of the methods provided by the payment operator.
Each order for access to the Training constitutes the conclusion of a separate Training Agreement. The Training Agreement is concluded at the time of payment of the order by the Client.
Access to the Training is granted immediately, for a period of 2 months from the date of conclusion of the Training Agreement.
The training can only be displayed directly on the Platform.
The Client has the opportunity to give ratings and opinions to the Trainings to which he has access.
After completing the next parts of the Training, they are marked as completed. After completing the entire Training, the Client receives a certificate confirming this.

§ 7

[PRICE & PAYMENT]

The prices of the Training are presented on the e-commerce Platform. The presented price of the Product is given in euros and is the net price. The gross price, i.e. taking into account the VAT due, is visible after proceeding to payment – before finalizing the order. The price can be converted and paid in another currency, according to the current exchange rate.
In the case of promotional campaigns, the Service Provider clearly and clearly presents its conditions, including the method of price reduction and the duration of the promotional campaign.
The customer selects the payment method for the Training included in the order. The following payment methods are available: fast transfer, blik, credit card, electronic wallets. The platform automatically redirects the Client to the website of the payment operator ING imoje.
The Client is obliged to pay for the order immediately. In the event of non-payment within an hour of placing the order, it will be automatically cancelled and will not be processed by the Service Provider.
The Service Provider issues a VAT invoice to the Client. If, on the basis of the applicable regulations, the applicable form of issuing invoices is the form of structured invoices, the Service Provider is obliged to issue invoices in the system designated for this purpose (in particular in KSeF). In the above case, the basis for payment is only a structured invoice.
The Service Provider will send an invoice visualization or existing invoice attachments to the Client’s e-mail address. The customer agrees to this.

§ 8

[COPYRIGHT]

The Service Provider is entitled to all economic copyrights to the Trainings.
Upon concluding the Training Agreement, the Service Provider grants the Client a non-exclusive, non-transferable and territorially unlimited license to use the Training in terms of its reproduction within the Platform. The duration of the license is limited to the period of availability of the Training.
The license does not include the right to distribute, reproduce, record, copy or use the Training for commercial use.
The Client undertakes not to infringe the copyright or other rights of the Service Provider. In particular, it is prohibited to make any attempt to interfere with the Training.
The Service Provider is not entitled to a separate remuneration for granting the license.

§ 9

[RIGHT OF WITHDRAWAL]

The Client receives immediate access to the purchased Training, which is digital content, before the expiry of the statutory withdrawal period, i.e. before the expiry of 14 days from the date of conclusion of the Training Agreement.
Prior to concluding the Training Agreement, the Client expressly agrees to the immediate commencement of the provision of services by the Service Provider, i.e. to the immediate provision of the Training. This means that the Client loses the right to withdraw from the Training Agreement, to which he agrees.

§ 10

[TECHNICAL ISSUES]

In the event of technical problems on the Client’s side, in particular problems with access to the Training, the Service Provider shall provide the Client with technical support.
1. In order to obtain technical support from the Service Provider, the Client should send a message containing a description of the problem to the e-mail address: support@mwtsolutions.eu .

§ 11

[COMPLAINTS AND DEFECTS OF THE PRODUCT]

If the Client, who is a Consumer or an Entrepreneur-Consumer, finds that the Training is non-compliant with the Training Agreement, he/she should send a complaint to the Service Provider, indicating the data identifying the Client, the complained Training, a description of the non-compliance and the Client’s claims. The complaint may include an indication of the manner and form of contact with the Client.
The Service Provider shall be liable for the unworthiness of the Training with the Training Agreement if the non-conformity of the Training with the Training Agreement existed at the time of delivery of the Training and became apparent within two years from that moment, whereby the non-conformity disclosed within one year of delivery of the Training shall be understood as already existing at the time of delivery.
The Client may submit a complaint using one of the available forms of contact with the Service Provider, with the recommended e-mail form.
The Client may require the Service Provider to bring the Training to a state consistent with the Training Agreement.
The Service Provider may refuse to bring the Training into compliance with the Training Agreement if this is impossible or would require excessive costs for the Service Provider.
The Service Provider brings the Training into compliance with the Training Agreement within a reasonable time from the moment of receipt of the Client’s complaint and without excessive inconvenience to the Client. The costs of these activities are borne by the Service Provider.
If the Training is inconsistent with the Training Agreement, the Client may submit a statement on price reduction or withdrawal from the Training Agreement only when:
bringing the Training into compliance with the Training Agreement is impossible or requires excessive costs;
The Service Provider has not brought the Training into compliance with the Training Agreement;
the lack of compliance of the Training with the Training Agreement persists, despite the fact that the Service Provider has tried to bring compliance with the Training Agreement;
the lack of conformity of the Training with the Training Agreement is so significant that it justifies a price reduction or withdrawal from the Training Agreement without first exercising the right to demand that the Training be brought into compliance with the Training Agreement;
it is clear from the Service Provider’s statement or circumstances that it will not bring the Training into compliance with the Training Agreement within a reasonable time or without undue inconvenience to the Client.

The Client may not withdraw from the agreement if the Training is provided for a fee and the lack of compliance with the Training Agreement is irrelevant. It is assumed that non-compliance with the Training Agreement is material. The Service Provider must demonstrate that it is irrelevant. In the event of withdrawal from the Training Agreement, the Service Provider does not require payment for the period of non-compliance of the Training with the Training Agreement, and the due refund of the price shall be made immediately, no later than within 14 days. After withdrawing from the Training Agreement, the Service Provider uses the content created or provided by the Client only to the extent permitted by law.
Complaints are considered by the Service Provider.
If the data or information provided in the complaint request needs to be supplemented, then before considering the complaint, the Service Provider will ask the Client to complete it to the necessary extent, within the specified period.
The Client, who is a Consumer or an Entrepreneur-Consumer, has the right to file a complaint within the scope of the Agreement if the service provided to maintain the Client’s Account is inconsistent with the Agreement.
In the complaint, the Client indicates a description of non-compliance with the Agreement. The Client may request that the service be brought to a state consistent with the Agreement. In cases specified by law, the Client may submit a statement of withdrawal from the Agreement. Due to the free nature of the Agreement, the Client is not entitled to financial claims.
The Service Provider is obliged to consider the complaint within fourteen (14) calendar days from the date of receipt of the complaint and immediately inform the Client about the result of the complaint procedure in the form of an e-mail, unless the Client has indicated a different method of notification in the complaint. Failure to respond will be treated as an acknowledgment of the complaint.

§ 12

[OUT-OF-COURT DISPUTE RESOLUTION]

In the event of a dispute between the Service Provider and the Client who is a Consumer, the Consumer is entitled to use out-of-court settlement of consumer disputes.
The client may use, for m.in, the assistance of the district consumer ombudsman, the Consumer Federation or the voivodeship inspector of the Trade Inspection Authority.
The use of the indicated options is not obligatory for the Client.

§ 13

[PERSONAL DATA PROTECTION]

The rules for the protection of personal data of Clients who are natural persons are described in detail in the Privacy Policy.

§ 14

[FINAL PROVISIONS]

In matters not regulated by the Terms and Conditions, the provisions of generally applicable law shall apply.
The Service Provider reserves the right to change the Terms and Conditions. In the event of a planned amendment to the Terms and Conditions, the Service Provider undertakes to make the new Terms and Conditions available with an indication of the scope of changes one month in advance, by sending a notification to the Clients via e-mail and placing the new version of the Terms and Conditions on the Platform.
The Terms and Conditions enter into force on [___].

Users who receive access to Training ordered by the Partner