REGULATIONS FOR PROVIDING SERVICES ELECTRONICALLY ON THE ACADEMIA SOMBRERO PLATFORM

§ 1 General provisions

These regulations (hereinafter: "Regulations") define the terms and conditions for using the services provided electronically through the ACADEMIA SOMBRERO Platform operated at the addresswww.academiasombrero.com.These Regulations constitute the regulations within the meaning of Article 8 of the Act of July 18, 2002, on the provision of services electronically.

The owner of the language schoolAcademia SombreroisMichelle Castañeda, with its registered office atul. Szeroka 48/49 lok. 2, 80-835 Gdańsk, NIP: 6783181391(hereinafter referred to as "School"): in accordance with the information indicated in the Central Register and Information on Economic Activity.

Contact with the Owner is possible via:

• email – at the address:info@academiasombrero.com

• In person at the School's premises:ul. Szeroka 48/49 lok. 2, 80-835 Gdańsk

• telephone – at the number:+48 510312219

Using the ACADEMIA SOMBRERO Platform by its Users is free of charge. The Services provided under the concluded Agreement are chargeable, the payment terms of which are specified in the Regulations.

Information about the Courses provided on the ACADEMIA SOMBRERO Platform, especially their description and Price, do not constitute an offer within the meaning of the Civil Code, but are merely an invitation to conclude a contract within the meaning of Article 71 of the Act of April 23, 1964 – Civil Code.

Before starting the course at ACADEMIA SOMBRERO, the User is obliged to familiarize themselves with the Regulations and the Privacy Policy.

Before starting to use the ACADEMIA SOMBRERO Platform, the Platform Owner provides the User with the Regulations and the Privacy Policy free of charge at the bottom of the Platform. The content of the Regulations and the Privacy Policy can be recorded by the User by downloading, saving on a medium, or printing it at any time from the Platform's website.

§ 2 Definitions

Definitions used in the Regulations have the following meanings:

• Price –means the price for Classes as part of the Services of Courses provided by the Service Provider available on the Platform.
• Contact form– a form filled out by the User via the ACADEMIA SOMBRERO Platform to obtain information from the Service Provider regarding the provided Course Services or electronic services, available athttps://academiasombrero.pl/kontakt/.
• Application Form –a form filled out by the Service Recipient via the ACADEMIA SOMBRERO Platform to submit an Application for the Course. Submitting an Application does not constitute the conclusion of a Contract and the acquisition of the Services of the Course offered by the Service Provider, available athttps://academiasombrero.pl/formularz-zgloszeniowy/.
• Consumer– a natural person performing a legal act with the Service Provider not directly related to their business or professional activity..
• Courses (Course) –language courses organized by the Service Provider under a separately concluded Agreement, conducted in person or via means enabling distance communication, specified in detail in § 6 of the Regulations.
• Buyer's License– a term defined in § 9 sec. 8 of the Regulations.
• Opinion –the User's or Participant's opinion about the purchased Course Service, expressed by assigning points to the Course on a scale defined by the Service Provider or by describing experiences related to the Course. The detailed scope of Opinions is defined in § 9 of the Regulations.
• PlatformorACADEMIA SOMBRERO Platform –a platform managed by the Service Provider and available at the domain academiasombrero.pl, providing Users with information about the electronic Services presented on the Platform, through which detailed information can be obtained from the Service Provider by filling out the Contact Form, as well as submitting an Application for the Course via the Application Form.
• Regulations– these regulations for the provision of Services electronically using the ACADEMIA SOMBRERO Platform.
• GDPR– the regulation of the European Parliament and of the Council (EU) 2016/679 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 and repealing Directive 95/46/EC (OJ EU L No. 119, p. 1).
• Teleinformatics system– a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data via telecommunications networks using a device appropriate for the given type of network within the meaning of telecommunications law.
• Electronic communication means– technical solutions, including telecommunication devices and software tools that cooperate with them, enabling individual communication at a distance using data transmission between telecommunication systems, particularly electronic mail.
• Participant– a person covered by the Application for the Course. Defined in § 6 sec. 1 point 2) of the Regulations.
• Agreement– an agreement for the provision of language course services concluded separately between the Service Recipient and the Service Provider.
• Service Provision Agreement– an agreement for the provision of services electronically concluded between the Service Recipient and the Service Provider.
• Electronic services –services provided electronically via the ACADEMIA SOMBRERO Platform, the execution of which occurs through the sending and receiving of data using telecommunication systems, at the individual request of the Service Recipient, without simultaneous presence of the parties, with such data being transmitted through public networks in the sense of telecommunications law; the type and scope of electronic services provided by the Service Provider has been detailed in § 3 of the Regulations.
• Course Services –services provided by the Service Provider based on a separately concluded Agreement with the Service Recipient.
• Service Recipient –the entity using the electronic services of the Service Provider, who is a party to the Service Provision Agreement and also a party to the Agreement, being a parent or legal guardian of the Participant, obliged to comply with these Regulations.
• Service Provider –the term defined in § 1 sec. 2 of the Regulations.
• User –a natural person, legal entity, or organizational unit without legal personality but with the capacity to perform legal acts, familiarizing themselves with the content placed on the Platform.
• Application –the declaration of will of the Service Recipient specifying unequivocally the type of Course Service chosen, made via the Application Form for the Course, aiming subsequently to conclude a separate Agreement.

§ 3 Type and Scope of Services

• The Service Provider provides Services electronically enabling Users to:

  familiarize themselves with information on the Platform regarding the provided electronic services and Course Services;

  use the Contact Form to obtain information from the Service Provider regarding the provided electronic services and Course Services;

  use the Application Form to make an Application for the Course via the Platform;

  prepare and post a Review on the Platform

§ 4 Applications

• In order to make an Application, the Service Recipient is obliged to fill out the Application Form available for each Course (by using the "Sign Up" button). In the Application Form, the Service Recipient should provide their first name, last name, email address, phone number, and the Participant's data, i.e., first name and last name, if they are not the Service Recipient. In the Application Form, the Service Recipient should also specify the language they wish to learn; the type of Course; the form of conducting the course; the preferred frequency of the Course (in the case of a group Course); preferred Course hours; preferred Course days; preferred Course lecturer; and any other information they consider relevant.
• Before submitting the Application (by using the "Submit" button), the Service Recipient confirms, by using the appropriate checkboxes, that they have read and accept these Regulations and the Privacy Policy.
• The confirmation sent by the Service Provider of the acceptance of the Application to the email address provided by the Service Recipient in the Application Form does not constitute a declaration of the conclusion of the Agreement. The conclusion of the Agreement occurs separately between the parties, through its conclusion in written form at the headquarters of Academia Sombrero inGdańsk (), at Szeroka Street 48/ (Headquarters of the Academy).

§ 5 Price and Payment Methods

• Course Services are provided for a fee, in the amount specified as the Price for each Course. The Price stated for each Course is binding at the moment the Service Recipient submits the Application. The prices of the Services posted on the Platform include VAT.
• Payment for the Services is made in full or in installments (3 installments) on the dates specified in the Agreement. Payment for the Course is made by bank transfer to the bank account of the Service Provider specified in the Agreement or in cash at the Academy's Headquarters.

§ 6 Rules and Conditions of Participation in the Course

• The Course organized by the Seller includes the following conditions:

  The Service Provider is the organizer of Spanish and Catalan language courses at the teaching levels: A1.1, A1.2, A2.1, A2.2, A2.3, B1.1, B1.2, B1.3, B2, C1 (in the case of Spanish) and A1, A2, B1 (in the case of Catalan).

  The Course is open to adults, and with the consent of parents or legal guardians, also to minors, i.e., those under 18 years of age. Individual classes are intended for those over 12 years old.

  Course format: to choose from – in-person inGdańsk at Szeroka Street 48/or via means that enable remote communication (via Zoom, Google Meet or Skype) (hereinafter:online).

  The Course can be attended individually, in pairs, in a group of 3, or in a group of 4-6 people.

  Individual classes within the Course take place under the following conditions:

  the duration is tailored to the individual needs of the Participant (45, 60, 90 minutes, once a week).

  from the age of 12.

  Classes take place in-person or online (to choose from).

  The Course consists of at least 10 classes.

  After selecting the type of classes, the Service Provider chooses a fixed schedule for them, with the possibility of slight modification.

  payment for individual classes within the Course is made in full or in a maximum of three installments, under the conditions specified in the Agreement.

  classes can be canceled up to 24 hours before the start of Individual Classes via email, to the address specified in § 1 section 3 point 1) of the Regulations, by phone, to the address specified in § 1 section 3 point 3) of the Regulations, or through direct contact with the instructor (if possible); otherwise, the Course classes are considered completed.

  in case of absence, there is an option to make up the class once at another time or extend the Course by one week.

  Classes in pairs within the Course take place under the following conditions:

  the duration is tailored to the individual needs of the Participant (60 minutes).

  Classes take place in-person or online (to choose from).

  The Course consists of at least 10 classes, but for the effectiveness of completing one sub-level, the Service Provider recommends attending 14 classes.

  payment for pair classes within the Course is made in full or in a maximum of three installments, under the conditions specified in the Agreement.

  to avoid doubts, a pair is understood as two Participants who may be related or be strangers to each other.

  classes can be canceled up to 24 hours before the start of pair classes via email, to the address specified in § 1 section 3 point 1) of the Regulations, by phone, to the address specified in § 1 section 3 point 3) of the Regulations, or through direct contact with the instructor (if possible).

  in case of absence of one of the Participants, there is an option to make up the class once at another time or extend the Course by one week, with the stipulation that the make-up will concern the entire pair of Participants, not just one of them.

  At the end of the semester, an exam is required as part of the Course. Obtaining a certificate of completion of the Course is contingent upon achieving a score above 60% on the exam.

  Classes in a group of 3 within the Course take place under the following conditions:

  the duration of classes is 90 minutes, with the possibility of modification to 60 minutes.

  classes take place in-person or online (to choose from).

  The Course consists of 15 classes for the effectiveness of completing one sub-level (with classes lasting 90 minutes).

  payment for classes in pairs within the Course is made in full or in a maximum of three installments, under the conditions specified in the Agreement.

  reporting absences for classes is done via email, to the address specified in § 1 section 3 point 1) of the Regulations, by phone, to the address specified in § 1 section 3 point 3) of the Regulations, or through direct contact with the instructor (if possible), with the stipulation specified in point i) below.

  in case of absence of one of the Participants in the group, there is an option to make up the class once at another time or extend the Course by one week, with the stipulation that the make-up will concern the entire group, not just one Participant.

  At the end of the semester, an exam is required as part of the Course. Obtaining a certificate of completion of the Course is contingent upon achieving a score above 60% on the exam.

  for the realization of individual classes, the presence of at least two Participants is required.

  for completing the full Course, the Participant is obliged to attend classes for at least 50% of the classes. In case of attendance below 50%, the Service Provider reserves the right not to refund the Participant the proportional value of the classes in which the Participant did not attend.

  Classes in a group of 4-6 within the Course take place under the following conditions:

  the duration of the classes is 90 minutes, with the possibility of modification to 60 minutes.

  classes are held in person or online (of your choice).

  the Course consists of 15 classes for the effectiveness of completing one sub-level (with classes lasting 90 minutes) or 30 classes (with classes lasting 60 minutes).

  payment for classes in pairs within the Course is made in full or in a maximum of three installments, under the terms specified in the Agreement.

  reporting absences from classes is done via email, to the address indicated in § 1 clause 3 point 1) of the Regulations, by phone, to the address indicated in § 1 clause 3 point 3) of the Regulations, or through direct contact with the lecturer (if possible), subject to the provisions specified in point i) below.

  in the event of the absence of one of the Participants in the group, there is the possibility of making up for the classes at another time or extending the Course by one week, with the stipulation that the make-up will concern the entire group, not just one Participant.

  at the end of the semester, an exam is mandatory within the Course. Obtaining a certificate of completion of the Course is contingent upon achieving a score above 60% on the exam.

  for the realization of individual classes, the presence of at least two Participants is required.

  to complete the full Course, the Participant must attend at least 50% of the classes. In case of attendance below 50%, the Service Provider reserves the right not to refund the Participant the proportional value of the classes in which the Buyer did not participate.

  for the Course at levels A1.1, A1.2, A2.1, and A2.2, the Service Provider uses proprietary materials (included in the Course price); at level A2.3, B1.1, B1.2, and B1.3, the Arriba 3 textbook is used (not included in the Course price, but available for purchase at the Academy's headquarters), and at other levels of the Course, the Service Provider uses other textbooks and its own teaching materials.

  Classes in the given Course are held once a week for 90 minutes or twice a week for 60 minutes (to be chosen depending on the type of Course).

  within the Course, the Service Provider allows for the conduct of 15 classes lasting 90 minutes or 30 classes lasting 60 minutes (to be chosen depending on the type of Course).

  The Course takes place in individual semesters, namely.

  The autumn semester lasts from November to February,

  The spring semester lasts from March to June,

  The summer semester lasts from July to September.

  Classes are conducted by Polish lecturers or native speakers (of your choice).

§ 7 Technical conditions for using the Platform

• Registration and having an account on the Platform is not required for its User, nor subsequently for the Service Recipient. The provisions specified in this paragraph relating to the User apply accordingly to the Service Recipient.
• Communication with the Service Provider occurs through a contact form containing the User's data, i.e., first name, last name, email address, phone number, and space for the message content to the Service Provider or - after signing the Agreement - via the email specified in § 1 clause 3 point 1) of the Regulations, through traditional mail to the address indicated in § 1 clause 3 point 2) of the Regulations, or via the phone number specified in § 1 clause 3 point 3) of the Regulations.
• Technical requirements necessary to use the services of the Platform:

  having an Internet connection,

  having devices that allow access to Internet resources,

  using a web browser that allows displaying hypertext documents on the device screen, linked on the Internet through the web service WWW and supporting the JavaScript programming language,

  an up-to-date, active, and correctly configured email account,

  enabled cookie support,

  having software to read files in PDF format.

• If the contact form allows for attachments, acceptable attachment formats are: DOC, DOCX, RTF, ODT, TXT, XML, PDF, XPS, CSV, XLS, XLSX, ODS, PPT, PPTX, ODP, GIF, TIF, TIFF, JPG, JPEG, PNG, SVG. The maximum size of an attachment uploaded from the disk to the contact form (electronic document) is 5 MB.
• The Platform is available provided that the User's IT system meets the minimum technical requirements specified above.
• In the event that the User utilizes hardware or software that does not meet the technical requirements specified above, the Service Provider does not guarantee the proper functioning of the Platform. The Service Provider is not responsible for the non-functioning or improper functioning of the Platform, particularly in cases of force majeure, unauthorized actions by third parties, server malfunctions, improper use of the Platform by the User, or improper functioning of the User's hardware and/or software, etc.
• It is prohibited for the User to use viruses, bots, or other computer codes, files or programs (especially those automating the processes of scripts and applications or other codes, files, or tools) that allow access to the Platform in a manner inconsistent with its intended use, this Terms of Service, or applicable laws.
• It is prohibited to post content that violates any laws, including content deemed vulgar or offensive, promoting racist content, of a pornographic nature, or contrary to good morals.

§ 8 Conditions for the provision of electronic services

• The Service Provider provides Services to the Service Recipient under the terms and conditions specified in this Terms of Service.
• The Service Recipient agrees to comply with this Terms of Service.
• The Service Provider allows free browsing of the offered electronic Services and Course Services on the Platform.
• The Service Agreement is concluded under the terms specified in the Terms of Service, for an indefinite period in the case of:

  access to the Platform – at the moment the User effectively calls up in their browser window the website of the Platform or uses a redirect leading to the Platform.

  use of the functionalities of the Platform (e.g., Contact Form, Application Form) – at the moment the User utilizes a given service.

• Under the conditions specified in the Terms of Service, the Service Agreement is terminated in the case of:

  access to the Platform – at the moment the User leaves the Platform;

  use of the functionalities of the Platform (e.g., Contact Form, Application Form) – upon ceasing to use a given functionality or at the moment the User leaves the Platform.

• Using electronic Services is free of charge and voluntary, but necessary for browsing information on the Platform or making an Application.
• Electronic services are one-time in nature and terminate upon making an Application or upon earlier cessation of use of the Platform.
• The User may terminate any electronic service agreement at any time, without providing a reason, with immediate effect.
• In the case of complaints regarding the operation of the Service, the User may submit a complaint under the rules specified in § 12 of the Terms of Service.
• The Service Recipient is obliged to refrain from:

  abusing electronic communication means, particularly by causing disruption of operation or overloading the IT systems of the Service Provider or other entities directly or indirectly involved in providing electronic services,

  actions aimed at testing the ability to breach or circumvent the security of the IT systems of the Service Provider, as well as any other actions that lead to gaining unauthorized access to all or part of the IT systems of the Service Provider,

  using the services provided by the Service Provider in a manner contrary to generally applicable law, good morals, or the justified interests of the Service Provider,

  providing to or into the IT systems of the Service Provider content that violates the rights of third parties, generally accepted social norms, or is inconsistent with generally applicable laws, or their introduction or dissemination through the IT systems of the Service Provider constitutes a violation of generally applicable laws.

• The Service Recipient agrees to indemnify the Service Provider from any costs or liabilities related to the content provided by the Service Recipient, particularly in the event of claims made against the Service Provider by third parties.
• The Service Provider is not liable for damages caused by using electronic Services in a manner contrary to generally applicable law, good morals, or in any other way inconsistent with these Terms of Service.
• The Service Provider is not liable for acts of force majeure that prevent the provision of electronic Services.
• reserves the right to carry out necessary maintenance work on the information technology system, which may cause temporary difficulties or prevent Users from using electronic Services.
• In special cases affecting the security or stability of the information technology system, the Service Provider has the right to temporarily suspend or limit the provision of electronic Services without prior notice and to carry out maintenance work aimed at restoring the security and stability of the information technology system.

§ 9 Opinions

• The User who has purchased the Course under the Agreement and has used it personally may send the Service Provider an Opinion regarding this Course.
• The submission of an Opinion may occur in any way, in particular via email.
• The Service Provider publishes Opinions on the Platform after checking whether they do not violate the provisions of the Regulations. However, this does not exclude the removal of an already published Opinion if it turns out to be inconsistent with the Regulations after its publication.
• An Opinion sent to the Service Provider cannot be changed or deleted by the User.
• The Service Provider is not obliged to publish the received Opinion.
• It is prohibited to include in Opinions:

  false data, contrary to law or good morals;

  personal data of individuals other than the Buyer;

  advertising, promotional, political, religious, or discriminatory content.

• Sending an Opinion is equivalent to the User declaring that they are the sole author of the Opinion. The User is responsible for the content of the Opinion and the consequences of its publication (including violations of personal rights and intellectual property rights of third parties).
• Sending an Opinion is equivalent to granting the Service Provider by the User a non-exclusive, free license for its use (hereinafter: “User License”).
• The User License is granted for an indefinite period (with the possibility of termination two years in advance, effective at the end of the calendar year) and without territorial limitations and includes the use of the Opinion in the following fields of exploitation:

  fixation and reproduction in any quantity, by any technique and in any format;

  distribution in any manner, by any means of communication, in particular through publication on the Platform and in the Service Provider's social media.

• The User License authorizes the Service Provider to grant any selected third parties further licenses to use the Opinion. The further license mentioned in the preceding sentence may be granted by the Service Provider for a fee or free of charge.
• The User undertakes not to exercise their personal copyright rights concerning the Opinion (including the right to attribution of authorship of the Opinion and the right to supervise its use) and authorizes the Service Provider to exercise these rights on behalf of the User.

§ 10 Intellectual Property of the Platform Owner

• All components of the Platform, in particular:

  the name of the Platform;

  the logo of the Platform;

  photos and descriptions of the Courses;

  the operation rules of the Platform’s website, all its graphic elements, interface, software, source code, and databases – are protected by law under the provisions of the Act of February 4, 1994, on copyright and related rights, the Act of June 30, 2000 – Industrial Property Law, the Act of April 16, 1993, on combating unfair competition, and other generally applicable laws, including European Union law.

• Any use of the intellectual property of the Platform Owner without authorization resulting from the Regulations or prior, explicit permission from the Platform Owner is prohibited.

§ 11 Processing of Personal Data

Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: www.academiasombrero.pl/privacy-policy.

§ 12 Complaints

• Users have the right to submit a complaint related to the functioning of the Platform and the provision of electronic Services through it.
• Complaints should be submitted electronically to the email address indicated in § 1 sec. 3 point 1) of the Regulations or in writing to the address of the Service Provider indicated in § 1 sec. 3 point 2) of the Regulations.
• A complaint should include: the User's first name, last name, email address, description and indication of the reason for the complaint, and a phone number for contact.
• Within 14 days from the date of receiving the complaint, the Service Provider will address the complaint and inform the Service User electronically about the outcome. If the data or information provided in the complaint requires supplementation, the Service Provider will contact the Service User for additional information before addressing the complaint. The time taken for the Service User to provide additional explanations extends the period for addressing the complaint.

§ 13 Alternative dispute resolution

• The provisions of this § 13 apply exclusively to Service Users who are Consumers.
• The Client has the option to use alternative methods for handling complaints and pursuing claims.
• Detailed information regarding the possibility for the Service User to utilize alternative methods for handling complaints and pursuing claims, as well as the principles for accessing these procedures, is available at the offices and on the websites:

  district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection;

  Provincial Inspectorates of Trade Inspection;

  Office of Competition and Consumer Protection.

• The Service User may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

§ 14 Final provisions

• The Service Provider may amend the Terms and Conditions in the event of:

  changes in the Service Provider's data;

  changes in the subject of the Service Provider's activity;

  the commencement of providing new services by the Service Provider, modification of existing services, or cessation of their provision;

  technical modifications to the Platform that require adjustments to the provisions of the Terms and Conditions;

  a legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current legal state.

• In the event of changes to the content of the Terms and Conditions made by the Service Provider, the Service User will be notified of the changes via email and by publishing the amended version on the Platform. The change in the Terms and Conditions does not affect the existing legal relationships between the Service User and the Service Provider, including previously concluded contracts or other legal actions taken between them.
• In matters not regulated by the Terms and Conditions, the relevant provisions of generally applicable law shall apply.
• The governing law for the Terms and Conditions and the contracts specified therein is Polish law. However, the choice of Polish law made in the preceding sentence does not deprive the Consumer of the protection arising from the provisions of foreign law that cannot be excluded by contract and that would apply in the absence of the choice of Polish law made in the preceding sentence.
• The current version of the Terms and Conditions is effective from March 4, 2024.

info@academiasombrero.com

tel. 510 312 219
Zaspa, Downtown, Orunie-Górna

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