Terms of service
General Contractual Terms regarding Course Services
The following Terms and Conditions outline the general contractual terms of Course services provided by the Organiser, as well as conditions of cooperation. By making a Purchase or by concluding a Contract in any other way in congruence with the TAC, the Customer confirms s/he has become acquainted with the TAC and consequently accepts it in its entirety.
Any specific terms appearing in these general conditions should be understood as follows:
1. TAC – general conditions regarding the provision of Training services;
2. Organiser- Movuto Private Limited Partnership Company established and based in Gdynia on Swietojanska Street 3/1, filed into the register of entrepreneurs under KRS number 0000609940, NIP 5862305177, using the firstname.lastname@example.org e-mail address for contacting customers, as well as the telephone number: 507 163 953. Any change of the of the above-mentioned data does not constitute a TAC change. Changes in this area will be updated on the website at www.rehakursy.pl by posting a relevant entry;
3. Co-organiser– a natural person, a legal person or organisational unit without legal personality co-organising the Co-organised Course together with the Organiser;
4. Customer– a natural person, a legal person or an organisational unit without legal personality, who delegates a participant to participate in a given Course;
5. Participant – an adult natural person delegated by the Customer to participate training. In the case of a Customer who is a natural person, s/he may also be a participant;
6. Course – a training service that is either a single-handedly organized Course or Co-Organized Course;
7. Proprietary Course – Course organised exclusively by the Organiser;
8. Co-organised Course – a Course organised by the Organiser in conjunction with a Co-organiser;
9. Course Service – the entirety of activities related to the preparation and carrying out of a Proprietary Course or Co-organised Course culminating in the issuing of a personal certificate or attestation;
10. Agreement – a set of statements of intentions made by the Parties in the form indicated in the TAC, the object of which is the provision by the Organiser to the Customer of the Course Service. Unless the parties agree otherwise, the rights and obligations under the Agreement shall be governed by the TAC.
11. Website – a website administered by the Organiser under the address www.rehakursy.pl, which contains Course offers;
12. Order – submitted by a Customer via the Registration Form service;
13. Registration Form – a form placed on the Website, which the Customer fills with the required data and sends to the Organiser in order to submit the participation of the Customer or Participant in a given Training;
14. Confirmation of Participation – an information sent electronically by the Organiser to the Customer in response to a properly submitted application and prepayment which is tantamount to concluding the Agreement;
15. Consumer– a Customer who is a natural person who concludes with the Organiser a deal regarding the provision of Training Services, a deal which is not related in any way to the entrepreneurial or professional activity of said person. Impersonating a Consumer constitutes an unfair market practice within the meaning of the provisions on combating unfair market practices;
16. Parties – Organiser and Customer;
17. Party – Organiser or Customer;
18. UPK – Consumer rights bill;
19. Working Days – from Monday to Friday with the exceptions of legally established holidays;
20. Day – calendar day;
21. RODO – bill no. 2016/679 regulating the processing and safeguarding of personal data of natural persons, the free flow of information and the repealing of directive 95/46/WE.
§2 General Terms
• Unless the parties have agreed otherwise, the Agreement is concluded in congruence witht the TAC. In case the Parties conclude the Agreement on different terms than those specified in the TAC, and if some of these contradict the TAC, contractual provisions will be applicable within the scope of all contradicting matters. All the other provisions will remain regulated by the TAC.
• An Agreement may be concluded when:
a. A Customer submits an order that was confirmed via Participation Confirmation,
b. By submitting an offer to the Organiser in the form of an order which is accepted by the Organiser with the exclusion of the Registration Form available on the Website or
c. As result of signing by both Parties a document or documents specifying the rights and responsibilities of both Parties.
• In case of Consumers only:
a. To the extent not covered by the TAC, the provisions of UPK shall apply;
b. Prior to concluding an Agreement, the Organiser is obliged to provide the TAC to the consumer as well as fulfill all the informational duties specified by the UPK.
• In case of any doubt, it is assumed the person who concludes the Agreement is authorized, effective immediately, by the Customer, to perform such activity in his/her name, especially when the person provides personal data identifying the Customer uses a company seal of the Customer or an e-mail address assigned to a domain operated by the Customer. In case the above-mentioned person does not possess such authorization from the Customer, the Organiser will seek all available legal recourse against that person.
• The Customer is obliged to pass the following TAC to a designated Participant or inform the Participant about the TAC stipulations which directly relate to the Participant. In case the Customer neglects to perform the above-mentioned duty, the Organiser is relieved of all responsibility for any claims made by the Participant against the Organiser regarding the participation of the Participant in a given Training.
§3 General information regarding Courses
1. The Organiser declares he shall undertake efforts to ensure:
a. The Course be conducted by persons with experience, competences and licenses necessary to transmit to all the Participants the knowledge related to the subject of the Course;
b. The training and didactic materials be complete, lucid and devoid of any legal errors;
c. The Course be conducted in appropriate conditions; d. The additional services be realized during the Course as announced in the Course program such as: providing food and beverages or ensuring the equipment necessary for Course be compatible with broadly accepted standards.
2. The Customer and Participant cannot raise any claims or demands against the Organiser, refuse full or partial due payment or demand a lowering of the price when the circumstances defined under C and D do not meet the demands of the Customer or Participant.
3. Courses are conducted in congruence with the descriptions accessible via Website.
§4 Concluding Agreement by Registering
1. In case when the Agreement is concluded by submitting a Registration, the Customer is required to complete the following steps:
a. properly filled out Registration Form by Customer or person authorized by the Customer (taking into consideration disclaimers from §2 section 4 of the AC);
b. delivering a Registration Form to an Organiser via Website.
2. Submitting a properly filled out Registration is tantamount to the Customer accepting the TAC and contractual terms.
3. Based on the registration received and advance payment confirmation described under §7 section 6 of the TAC, the Organiser shall immediately send the Customer a Confirmation of Participation.
4. Sending a Confirmation of Participation is equal to concluding the Agreement.
5. The Organiser is not responsible for any distractions, including breaks, in the operation of the Website caused by force majeure, unauthorized activity of third parties or incompatibility of the Website with the network infrastructure on the side of the Customer.
6. The Organiser is not responsible for e-mail servers being blocked on the side of Customer or for blocking/deleting of electronic messages by software installed and used on the equipment of the Customer.
7. The Organiser reserves the right to cancel registration in order to avoid situations where the Customer blocks available Training spots by registering Participants for Training, does not issue advance payments or conducts such activities which the Organiser has plausibility to believe are intended at violating his private and corporate interests.
§5 Course cancellation, Course organisational changes, Agreement termination conditions
1. The Organiser reserves the right to cancel or reschedule a Course for any reason no later than 3 calendar days prior to Course onset. 2. The company reserves the right to change the details related to the Course no later than 4 days prior to Course onset regarding:
a. Course location (change possible only within city limits)
b. Course onset or conclusion times,
c. Course instructor (possible substitute Instructor needs to have similar or higher qualifications).
The occurrence of these changes does not entitle the Customer to terminate the Agreement, to raise claims against the Organiser or refuse partial or full due payment.
3. The Organiser will inform the Customer about Course cancellation or date change via telephone number provided in the Registration Form, via an e-mail sent to the Organiser, or in any other appropriate way.
4. In the event of the Course being cancelled or moved to another date, neither the Customer nor Participant have the right to raise claims against the Organiser aside from requesting a return of nominal payment submitted by the Customer to the Organiser prior to the day the Course was cancelled.
5. The Organiser may cancel or terminate the Course at any given moment due to circumstances which can be defined as resulting from force majeure. By force majeure we understand events of an extraordinary kind, impossible to predict or prevent at the time the Agreement is concluded. These may include: natural disasters, terrorist acts, decisions of local or central authorities, wars, general and local strikes, technical accidents, Instructor illness. In such cases, paragraph 4 above is applicable.
6. In the event Course cancellation or date change occur in a timeframe exceeding the one specified in section 1 above, the Customer is entitled to withdraw from the Agreement. In such cases, the Customer has the right to request from the Organiser a return of those payments which were submitted prior to the day of withdrawal. The Customer hereby waives the right to exercise against the Organiser claims such as damages, compensations or reimbursements of costs.
7. The Customer may terminate the Agreement via withdrawal effective immediately no later than 30 days prior to Course onset.
8. The timeframe specified under paragraph 7 is determined by the date of electronically submitting the notice of withdrawal to the Organiser via e-mail specified under §1 section 2 of the TAC. However, if the notice is submitted on a non-working day, the next day working day will be considered the day of submitting the notice of withdrawal.
9. In case of submitting a notice of withdrawal from the Agreement while violating the timeframe specified in pagraph 7, the Organiser reserves the right to withhold the sum of 300pln as partial compensation for losses incurred by the Organiser. Any surplus above this sum will be returned to the Customer within no more than 30 working days from the day the notice of withdrawal was submitted.
10. Regardless of circumstances, the fact the Participant does not attend the Course does not have any impact on the payment obligations of the Customer in relation to the Organiser.
11. After the time specified in paragraph 7 passes, the Customer maintains, however, the right to substitute a Replacement Person for the originally designated Participant (Replacement Person). In the event of specifying a Replacement Person, the Customer is obliged to provide the new Participant's personal data as described under §9 section 13 TAC while considering the Organiser's rights to verify the professional and educational qualifications of the Replacement Person according to the conditions outlined under §6 section 7 of TAC. In case of not submitting any personal data or submitting incomplete personal data, the Organiser may not allow the Replacement Person to participate in the Course. In such cases, paragraph 10 above is applicable. Substituting a Replacement Person for the person designated in the Registration requires the Customer to notify the Organiser electronically or via phone no later than 2 working days prior to Course onset.
12. In case of the Customer being a Consumer while the Agreement is concluded beyond the premises of the company or remotely, the Consumer has the right to withdraw from the Agreement without specifying a cause by submitting an appropriate declaration electronically via e-mail address specified under §1 section 2 of TAC no later than 14 days after concluding the Agreement. Find withdrawal form attached to TAC (attachment 1). Using this particular form is not obligatory.
Additional notes for the Consumer:
• The duration of the above-mentioned 14-day period of the Agreement withdrawal starts upon Agreement conclusion; • In order for the Consumer's withdrawal to qualify within this period it is enough to send the notice prior to its end;
• The Organiser has a duty to immediately notify the Consumer about receiving his/her declaration of withdrawal;
• The Consumer has no right to withdraw from the Agreement concluded remotely or beyond the premises of the company if the Organiser performed in its entirety the Course service with the full consent of the Consumer who was informed prior to performing the service that after its completion s/he will lose the right to withdraw from the Agreement.
1. During the Course each Participant is obliged to follow the instructions and advice of the Instructor and representatives of the Organiser. The Organiser reserves himself the right to remove from the Course any Participant who violates the order, the rules of the premises where the Course takes place, or behaves in a manner impeding or precluding the carrying out of the Course.
2. During the Course, any audio-visual recording of the Course by the Participants without written consent from the Organiser is strictly prohibited. If the Participant records the Course without the Organiser's consent, the latter may demand the Participant deletes the recording or, if it was disseminated, to abandon further dissemination and delete the recording from electronic mediums or the Internet/Intranet.
3. The Organiser reserves the right to record the Course (audio or video), including statements by the Participant/Participants as well as to take pictures that may include images of the Participant/Participants. He shall verbally inform the Participants about such intentions prior to Course onset. Unless the Participant submits a written objection to the Organiser, the latter is authorized, without any spatial or temporal limitations, to utilize said recordings and pictures for purposes of archiving, information or as marketing and advertisement materials of the Organiser's company. In respect to these applications, neither the Customer nor Participant can demand from the Organiser any payment, compensation or cost reimbursement.
4. The Participant is liable for any damages he causes to the Organiser or third parties throughout the duration of the Course.
5. Each Participant who takes part in the Course receives a personal certificate or attestation confirming s/he completed the Course.
6. The Consumer acknowledges the certificate or attestation will bear the name and last name provided in the Registration Form. The cost of preparing a redacted certificate or attestation in case of any errors stemming from Customer negligence (especially erroneously provided name and last name in the Registration Form) is 50pln gross. The redacted certificate or attestation will be printed no later than 90 days after issuing a request to the Organiser.
7. In case of Courses addressed to persons who possess appropriate levels of personal and educational qualifications, the Organiser reserves the right to verify said qualifications. In the event of the Participant not meeting the requirements, the Organiser has the right to deny the Participant entry to the Course. The Customer who registers for a given Course is simultaneously declaring the Participant is a subject for whom the Course is dedicated (such information is contained in the description of the Course, for example: "training intended for physiotherapists, physiotherapy students, fitness instructors").
§7 Remuneration and Terms of Payment
1. Unless stipulated otherwise, the Organiser is entitled to a remuneration specified by the Organiser on the Website. The prices provided by the Organiser are gross prices.
2. The remuneration covers all the costs of the provided Course service as well as the cost of training materials and individual attestations and certificates.
3. Unless the Organiser decides otherwise, the remuneration for the Course is to be submitted no later than 21 days prior to Course onset. in case of a Proprietary Course, the day of payment is the day the funds enter the account of the Organiser. For Co-organised Courses, the funds must enter the accounts of both the Organiser and Co-organiser.
4. In the case of Agreements concluded less than 21 days prior to Course onset, compensation owed to the Organiser or Co-organiser should be regulated in accordance with the guidelines received from the Organiser at the time of Registration.
5. In response to a properly filled out Registration Form, the Customer will receive from the Organiser information regarding the method and date of payment – with special consideration of possible necessity to submit advance payment in the sum of 300pln gross. In case of chosen Courses, the Organiser reserves the right to demand from the Customer a full payment immediately after Registration.
6. Lack of timely payment of advance payment described in section 5 results in an automatic cancellation of the Customer's Registration. 7. Unless the Organiser decides otherwise, in case of a lack of timely full payment for the Course by the Customer according to information received from the Organiser as per section 5, the Organiser reserves the right to withhold the Customer's advance payment while simultaneously denying the Participant entry to the Course.
8. Regarding Courses with a limited number of available places, advance payment order will be decisive.
9. Payment for the Organiser should be submitted via bank transfer to the Organiser's account: BZ WBK S.A. (80 1090 10980000 0001 3257 6862). It may also be done via DotPay.pl.
10. The Customer is obliged to submit payment for the Co-organiser according to the instructions provided by the Organiser in response to a Registration.
1. The copies of training materials transmitted to Participants shall become their property as of their issuance. The transfer of ownership of a copy of the training materials does not constitute a passage of copyright laws, which remain on the side of the Organiser or third parties. The content of the training materials is protected under the provisions of the law on copyright and related rights.
2. The Participants are entitled to use the training materials only for private purposes or related to the work or services performed on behalf of the Customer. A Customer who is not a consumer is entitled to use the training materials only for internal purposes within his/her company.
3. Strictly forbidden are all forms of copying or disseminating of training materials as well as publishing, distribution, marketing or any other forms of sharing.
§9 Personal data protection
1. Whenever the TAC refers to personal data protection, the latter should be understood in accordance with RODO guidelines.
2. Terms used in the TAC, such as "personal data," "processing," "administrator," "Processsing Entity," "recipient" have the same meaning as the one established in RODO guidelines.
3. Personal data will be processed by the Organiser to the extent needed to provide a specific service.
4. The Organiser holds the function of Administrator.
5. The Customer declares s/he is aware of the purposes and extent to which his/her personal data will be processed by the Organiser (purposes and extent are specified in the TAC).
6. If the Customer is also a Participant, s/he accepts the processing of personal data in the extent specified in the TAC in order to fulfill the contractual obligation of the provided Course service.
7. Providing personal data is voluntary though necessary in order to provide the Course service.
8. Both the Customer and Participant hold the right to access personal data, to correct and delete it or to limit the extent of its processing. They also have a right to movie personal data or withdraw consent at any given moment without any impact on the compliance with the processing law.
9. The recipient of personal data are the Organiser and Processing Entities cooperating with the Organiser to the extent necessary in order to provide the Course service.
10. The recipients of the personal data may also be State authorities authorised to obtain relevant information on the basis of specific provisions.
11. The Customer accepts the types of recipient to whom his/her personal data shall be disclosed.
12. Personal data will be processed both in an automated and non-automated way.
13. For the purposes of the Agreement, the Customer is obliged to provide in his/her registration, in addition to other data required by the Organiser, the following details of the Participant: name and last name, address, telephone number and e-mail address. In the case of selected Courses, the Organiser may request the Customer provides additional data of the Participants such as their social security number, date of birth, education or professional qualifications.
14. The Customer who provided the personal data of a Participant who will participate in the Course declares:
I. s/he obtained the consent of the Participant to provide personal data to the Organiser and process it to the extent specified in the TAC. II. prior to providing personal data to the Organiser:
▪ s/he informed the person about who the Organiser is (including his full name and registered address),
▪ specified the purpose and the extent to which the data will be processed by the Organiser as well as acquainted the Participant with the stipulations of the TAC,
▪ provided information regarding the source of the data,
▪ informed about the right to access personal data, to correct and delete it or to limit the extent of its processing, to move personal data or withdraw consent at any given moment without any impact on the compliance with the processing law.
15. The administrator shall maintain confidentiality of processed data and ensure that any person operating under the authority of the Administrator maintained confidentiality of personal data, unless they are obliged to disclose it in the light of legal laws or regulations regarding specific professions.
1. The Customer holds the right to file a complaint regarding the Course service.
2. Complaints have to be filed no later than 3 work days after Course completion.
3. Complaints should be filed in the form of a declaration sent electronically via e-mail address specified under §1 section 2 of the TAC.
4. The written complaint shall contain at least:
a. details of the Customer (name and last name or company name, address of residence/registered office),
b. the subject of the complaint (the name of the Course, time and venue of its realization, etc.),
c. substantive and formal justification for the complaint,
d. expectations of the Customer in regards to the Organiser;
e. personal contact data (name and last name, phone number, e-mail address);
f. signature of the person representing or authorized by the Customer to file a complaint (in the latter case, there must be attached an appropriate written authorization to the complaint).
5. A correctly reported the complaint will be dealt with by the Organiser no later than 14 working days from the moment of its receiving it. In cases requiring additional explanatory actions, the complaint handling time may be extended, however, no longer than up to one month, about which the Organiser will notify the claimant.
6. The Organiser reserves the right to leave the complaint without consideration if it is made after the time limit referred to in section 2 or if it is unreasonable.
§11 Final provisions
1. The Customer cannot, under pain of invalidity, transfer the rights and obligations specified in the Agreement onto a third party without the Organiser's consent.
2. The Agreement is subservient to Polish law.
3. The Organiser reserves the right to change the TAC or issue new general contractual agreement during the course of the Agreement.
4. In case of Consumers it is indicated that according to the law article 22 of the UPK it is said the information described in the law article 12 section 1 of the UPK is an integral part of the Agreement concluded remotely or beyond company office premises and may be changed only by mutual agreement of both involved Parties.
5. Throughout the duration of the Agreement, the Customer should inform the Organiser in writing about any address or shipping address changes. Such change becomes effective the date the appropriate notification is received by the Organiser. if no change notification is sent, all documents, including statements of intention, shall be sent to a previously specified address (in case of a lack of shipping address change notification, the previously specified shipping address) and deemed effectively delivered.
6. All disputes related to Course services provided by the Organiser shall be settled, in the case of Consumers, by appropriate Polish courts, in case of Customers who are not Consumers, by Polish courts appropriate to the place of operation of the Organiser.
7. The PTF hologram applied on the certificates and attestations corresponding to accredited Courses may be purchased only by physical therapists qualified as physiotherapy technicians or higher.
8. The Organiser waives liability for any injuries the Participant suffers during the Course unless they result from a deliberate act of gross negligence on the part of the Organizer.
9. The TAC enters into force on the 25th of May, 2018 and applies to Agreements concluded since that date.
Model statement of withdrawal from an Agreement concluded beyond company office premises or remotely
(Consumer's name and last name)
Movuto sp. z o.o. sp. k.
Świętojańska Street 3/1
A Statement By The Consumer
regarding the withdrawal from an Agreement concluded remotely or beyond company office premises I, the undersigned hereby inform about my withdrawal from the Agreement for the provision of Course services regarding Course ............................................................................................................................................................................................. .
* I declare that the refund is to be submitted via same method of payment which I used when making a remuneration payment.
* I declare that I request the return to be made to the following bank account number:
(intelligible Consumer signature)
*Delete as appropriate
The TAC is the sole property of Movuto sp. z o.o. sp. k. and is protected under the supervision of the currently effective Act on Copyrights and Related Rights of 1994.
Gdynia, 24th of May, 2018