TERMS OF SERVICE

Introduction

  1. These regulations define the terms and conditions, scope including the rights and obligations of the parties, as well as the scope of liability and other rules for concluding and terminating contracts between the Seller and the Buyer (hereinafter referred to as the “party” and collectively “parties”).
  2. These regulations constitute a sales contract, the subject of which is the purchase of digital content. If a separate agreement is concluded between the parties, the subject of which is the preparation of an individualized document, these regulations constitute an integral part thereof, unless the content of the agreement expressly excludes the application of the provisions of these regulations.
  3. The PassRight Store is the property of PassRight Sp. z. o. o. (Limited Liability Company) with its registered office in Warsaw at the following address: Al. Jana Pawla II 27, 00-867, entered into the Register of Entrepreneurs under KRS number 0000787977, taxpayer identification NIP: 5252790665, business registry number REGON: 383442333 (hereinafter referred to as “PassRight”).
  4. The privacy policy is an integral part of these regulations.

Definitions

  1. Regulations – these regulations governing the conditions of selling Goods remotely;
  2. Personal data administrator – PassRight Sp. z. o. o. (Limited Liability Company) with its registered office in Warsaw at the following address: Al. Jana Pawla II 27, 00-867, entered into the Register of Entrepreneurs under KRS number 0000787977, taxpayer identification NIP: 5252790665, business registry number REGON: 383442333.
  3. Electronic address – electronic mail address enabling communication by means of electronic communication in the ICT system;
  4. Price list – a list of prices for the goods or services offered by a company directly on the Website;
  5. Personal data – any information enabling the identification of a person;
  6. Proof of purchase – an invoice, bill or receipt issued by the Seller in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws;
  7. Order form – an interactive electronic form available on the Website that allows placing an Order, in particular by adding Products to the electronic Cart and defining the terms of the Agreement;
  8. Product – any data and content delivered in digital form that the Buyer may purchase using the Website, including templates of documents, guides, brochures, and other documents; 
  9. Trade secret – any technical, technological, organizational or economic information that has not been disclosed to the public, with regard to which the Seller has taken the necessary steps to keep it confidential;
  10. Agreement – a contract concluded between the parties outside the company’s premises or remotely within the meaning of the Act on Consumer Rights of May 30, 2014 in the case of Consumers and a sales contract within the meaning of art. 535 of the Civil Code of April 23, 1964 in the case of Buyers via the Website;
  11. User – any natural person, legal person or organizational unit using the content posted on the Website;
  12. Seller – PassRight Sp. z. o. o. (Limited Liability Company) with its registered office in Warsaw at the following address: Al. Jana Pawla II 27, 00-867, entered into the Register of Entrepreneurs under KRS number 0000787977, taxpayer identification NIP: 5252790665, business registry number REGON: 383442333.
  13. Consumer – a Customer who is a natural person making a legal transaction with the Seller not directly related to his business or professional activity;
  14. Buyer – any natural person, legal person or organizational units without legal personality, to whom the law confers legal capacity who purchases the Product on the Website;
  15. Website – Seller’s website: www.shop.passright.com
  16. Payment – method of payment for the Product;
  17. Privacy policy – rules for the processing of Buyers’ personal data by the Personal Data Administrator, Buyers’ rights and obligations of the data administrator, which can be found at: https://www.passright.com/privacy-policy/;
  18. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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;
  19. Order – declaration of intent made by the Buyer using the Order Form, aimed directly at concluding the Agreement between the Seller and the Buyer.

General provisions

  1. The website is available at https://www.shop.passright.com, and is run by PassRight Sp. z o. o. (Limited Liability Company), with its registered office in Warsaw at the following address: Al. Jana Pawla II 27, 00-867, e-mail address [email protected], tel. +48 723 640 864.
  2. The User and the Buyer are obliged to use the Website in a manner consistent with the law, in particular with respect for the copyright and intellectual property of the Seller.
  3. Each User and Buyer, before placing an order and making a purchase, has the opportunity to read the content of these Regulations free of charge, in a way that allows its content to be obtained, reproduced and saved using the ICT system used by the Seller. The Regulations are available on the Website on an ongoing basis.
  4. Placing an Order is tantamount to reading and accepting the Regulations.
  5. The User and the Buyer are bound by the provisions of the Regulations, if made available to him in the manner described in section 1.
  6. Before placing an order, the Buyer is obliged to read the Seller’s information on the loss of the right to withdraw from the contract in the event of purchasing digital content, the provisions of these Regulations, technical requirements and rules of use, confirming it with a relevant statement when placing an order for the Product.
  7. When placing an Order by filling in the Order Form, the Buyer is obliged to provide true data.
  8. If the Customer provides data during registration in the Website, which within the meaning of the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 2014, item 1182, i.e. as amended) constitute personal data, he agrees to the processing of the personal data provided in accordance with the Regulations and the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2014, item 1182, i.e. as amended) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422, i.e.) in order to provide services covered by these Regulations and for their presentation on the Website.
  9. Confirmation, disclosure, consolidation, securing of all material provisions of the Agreement in order to gain access to this information in the future takes place in the form of order confirmation by sending to the indicated e-mail address, e.g. orders, invoices and others.
  10. The information available on the Seller’s Website does not constitute an offer within the meaning of the relevant provisions of the Civil Code, but an invitation to conclude an Agreement.
  11. Before placing an order, the Buyer is obliged to verify that he meets all the technical requirements necessary for these activities. The Seller is not responsible for the correct operation of the Website on the Buyer’s devices if the malfunction of the Website results from the use of the wrong device, wrong browser, incorrect configuration or other technical reasons attributable to the Buyer.
  12. The Seller provides the Buyer using the Website with the correctness of its operation in the following properly configured browsers that accept Cookie files: IE version 8 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer. Using third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome may affect the correct display of the Website, therefore, in order to obtain full functionality, they should all be turned off. In addition, to use the ordered Products, an active and correctly configured e-mail account is required, cookies enabled, programs on the Customer’s computer that ensure trouble-free reading of files in .doc or .xls format.
  13. The contract is concluded in English, in accordance with Polish law and these Regulations.
  14. All terms are calculated in accordance with Art. 111 of the Civil Code, i.e. the period marked in days ends with the end of the last day, and if the beginning of the period marked in days is an event, it is not taken into account when calculating the date of the day on which the event occurred.

Conclusion of the contract

  1. Orders can be placed 24 hours a day;
  2. The Seller offers the possibility of purchasing Products in the form of digital content via the Website for the price indicated in the product description;
  3. All Product prices are expressed in US dollars (USD) and are gross prices (including tax on goods and services);
  4. Various variants of Products at different prices may be presented for purchase on the website;
  5. In order to place an order, the Buyer should perform the action of placing an order by using the “Order” button, which will redirect the Buyer to the order page;
  6. On the order page, the Buyer should complete the Order Form, and then proceed to the payment procedure by clicking the “Buy and Pay” button;
  7. In the Order Form, please indicate the details of the Order, data needed to issue an invoice and select the payment method;
  8. The available payment methods are quick electronic transfer and payment directly to the Seller’s bank account;
  9. Quick electronic transfer is made via the paynow.pl website, owned and operated by mElements S.A. with headquarters in Warsaw at ul. Prosta 18, entered under the number KRS 0000590484 to the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register, NIP number: 522-304-78-92, share capital PLN 7,500,000 (paid up in full);
  10. The conclusion of the contract for the delivery of the Product in the form of digital content between the Seller and the Buyer takes place at the time of payment;
  11. The date of payment for the Product is the moment of obtaining confirmation of the quick payment operator on the posting of the transaction or crediting the Seller’s bank account;
  12. The Seller does not collect any personal data related to the payment made by the Buyer, in particular payment card data, data accessing payment systems or any similar data;
  13. After paying for the order, the Buyer is sent an e-mail to the e-mail address provided by the Buyer about the completion of the order;
  14. After paying for the order, the Buyer will receive an e-mail to the e-mail address provided, which will contain a link to download the Product in the form of digital content;
  15. After the purchase, the purchased product will be available for download for a period of 14 days;
  16. After downloading the digital content, the Buyer should save it in a safe place and on a secure medium – at his own discretion;
  17. The Seller will issue a VAT invoice to the Buyer after providing the necessary data and send it to the address provided – by e-mail or by traditional means;
  18. The Buyer agrees to issue VAT invoices without his signature.

Use of purchased Products

  1. Products include informative texts and materials, i.e. guides, letters of recommendations, evaluations, application templates and others;
  2. The Seller makes every effort to ensure that the Products presented at the time of purchase comply with the legal requirements at the time of their purchase, are up-to-date and comprehensive;
  3. The Seller is under no obligation to update the Products after their purchase by the Buyer or to notify about changes, e.g. legislative changes, which make the purchased product become obsolete;
  4. The Seller is not obliged to inform about changes in the legal status affecting the purchased Products;
  5. The Seller has no influence over the interpretation of the regulations by the U.S. immigration authorities and courts. The content of the Products may contain provisions that raise interpretation doubts, which is an element of the practice of applying the law;
  6. Unintentional inaccuracies may appear in the content of the Products;
  7. Products related to the draft documents constitute templates of documents and the basis for the Buyer’s. The purchased Product is a substrate for the preparation of its own documentation based on its own arguments and taking into account the circumstances of its own case;
  8. The use of the purchased Product and the preparation of documents submitted to offices and other state bodies does not guarantee that they will be taken into account by these institutions;
  9. The Seller shall not be liable for any actions taken on the basis of the purchased Products and the content presented on the Website. In particular, the content presented on the Website and Products purchased on the Website may not replace individual legal assistance provided by authorized entities. Each individual legal advice should be provided on the basis of complete, reliable and true information.

The right to withdraw from the contract

  1. The consumer is entitled, pursuant to art. 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2019, item 134, 730, 1495), the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law. The Buyer who is a consumer may withdraw from a Distance Agreement without giving any reason within 14 days from the date of its conclusion, by submitting a declaration of withdrawal to the Seller. In order to exercise the right to withdraw from the Agreement without giving reasons, the Buyer should send the Seller a statement in writing or in electronic form, in accordance with the Seller’s contact details;
  2. In the event of withdrawal from the contract, the contract is considered void;
  3. The right to withdraw is not entitled to the Buyer if, during the performance of the contract, the Buyer agreed to perform the contract in full and provide him with digital content in the form of a selected Product before the deadline to withdraw from the contract. In the event of consent to the performance of the contract in full before the deadline for withdrawal from the contract, the Buyer loses the right to withdraw from the contract concluded with the Seller. The consumer, in accordance with Article 38 of Act of 30 May 2014 on consumer rights, is not entitled to withdraw from the contract: for the supply of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
  4. Acceptance of these Regulations is tantamount to expressing consent to the performance of the Agreement in full and delivery of digital content in the form of the selected Product before the deadline to withdraw from the Agreement. The Buyer hereby declares that he is aware of and accepts the loss of the right to withdraw from the Agreement.

Copyrights and Licenses

  1. All the content available on the Website, as well as the purchased Products, may constitute works within the meaning of Art. 1 clause 1 pr. aut. and are protected. The Buyer undertakes to respect the intellectual property rights of the Seller throughout the duration of the contract and after its completion – under pain of liability for damages provided for in the relevant provisions of applicable law;
  2. On the basis of these Regulations, the Seller grants the Buyer a non-exclusive license to use the purchased Products to the extent necessary to use them;
  3. The license referred to in section 2 is granted for an indefinite period of time;
  4. The Buyer may not grant further licenses (sub-licenses) to third parties;
  5. Taking into account the provisions on permitted use and subject to paragraph 2, the Buyer is absolutely forbidden without the consent of the Seller:
    1. permanent or temporary multiplication (reproduction) of the purchased Products by any means and in any form;
    2. reselling, distributing, lending, leasing, renting, giving the Products, their copies, any modifications and documentation to third parties free of charge;
    3. performing any activities involving the rights to Products for third parties.
  6. The license will be granted when the Buyer gains access to the Product;
  7. The User and the Buyer undertake to respect the intellectual property rights of the Seller;
  8. In the event of any doubts related to copyright and the scope of the license granted, the Buyer should immediately contact the Seller.
  9.  

Complaints

  1. If the Buyer finds that the performance of the Agreement is inconsistent with the provisions of these Regulations, he may submit a complaint;
  2. A complaint may be submitted:
    1. by sending a complaint to the e-mail address [email protected], or
    2. by sending a complaint in writing, by registered mail – to the address of the Seller’s registered office;
  3. The complaint should include:
    1. name and surname or company name of the applicant;
    2. electronic address;
    3. a detailed description of how the contract is to be performed in violation of the Regulations; and
    4. a request related to the Complaint.
  4. After receiving the Complaint, the Seller shall immediately confirm its receipt – by e-mail, to the provided email address;
  5. If an incomplete Complaint is received, the Seller will call the Buyer to complete it under pain of leaving the Complaint unrecognized;
  6. Complaints are considered within 14 days from the date of filing the complaint.

Disputes

  1. The Seller agrees to submit any dispute related to the implementation of this contract for the supply of digital content through mediation;
  2. In the event of any disputes arising between the Parties regarding the conclusion, interpretation, performance and legal consequences of the Agreement, the Parties will enter into negotiations in good faith in order to settle the dispute amicably. If the dispute is not resolved amicably, the Parties shall submit the dispute to the common court competent for the seat of the Seller, and in the case of Buyers who are consumers – to the common court, whose jurisdiction is determined by the provisions of the Code of Civil Procedure of November 17, 1964 (i.e. Journal of Laws 2018). item 155, as amended);
  3. The buyer who is a consumer has the following options to use extrajudicial means of dealing with complaints and redress:
    1. to apply to a permanent amicable consumer court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The rules of organization and operation of permanent consumer courts of arbitration are specified in the ordinance of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent consumer courts of arbitration (Journal of Laws 2001, No. 113, item 1214);
    2. addressing the voivodeship (province) inspector of the Trade Inspection, pursuant to Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the premises and on the websites of individual Provincial Inspectorates of the Trade Inspection;
    3. obtaining free assistance from a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address [email protected];
    4. use of the European Union ODR internet platform enabling the submission of complaints and pursuing claims related to the contract, which is the European Union ODR platform at: http://ec.europa.eu/consumers/odr/.

More information on the possibility for the Buyer who is a consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsman, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php;http://www.uokik.gov.pl/sprawy_indywidualne.phphttp://www.uokik.gov.pl/wazne_adresy.php.

Responsibility

  1. The Seller’s liability to the Buyer who is a Consumer for non-performance or improper performance of the contract is governed by the provisions of generally applicable law, i.e. civil law and consumer law;
  2. Subject to the liability limitations provided for in other provisions of the Regulations, the Seller shall not be liable for:
    1. Unsuitability of the purchased Products for the intended purpose;
    2. Inaccuracies, errors and ambiguities in the content of the Products;
    3. Obsolescence of the purchased Products;
    4. Conflict of the Products with the law;
    5. Incomplete content of the Product;
    6. Incorrect performance of the Agreement for reasons attributable to the Buyer, e.g. failure to secure the Buyer’s computer;
    7. Loss of data stored in the Buyer’s IT systems due to the Buyer’s fault;
    8. Failure of the Users and the Buyer to comply with the provisions of the Regulations;
    9. Providing by the Buyer incorrect, incomplete, untrue or inconsistent with the actual state of personal data, including contact details, e.g. e-mail address;
  3. In any case, the Seller’s liability to the Buyer under the liability for damages is limited to the amount of the Remuneration received by the Seller;
  4. The limitations and exclusions of liability provided for in section 1-3 do not apply to damage caused intentionally to the Buyer by the Seller;
  5. The Seller’s liability under the warranty in relation to Products including digital content is excluded;
  6. The Seller is not responsible for the suppliers of external technologies.

Final Provisions

  1. The Seller reserves the right to amend the Regulations. Each document is marked with a date from which its provisions apply.
  2. Amendments to the Regulations are published on the Website.
  3. In matters not covered by the Regulations, the relevant provisions of generally applicable Polish law shall apply.
  4. If any provision of the Regulations, in whole or in part, is deemed invalid, ineffective or unenforceable, it shall not affect the validity, effectiveness or enforceability of the remaining provisions of the Regulations. The parties hereby agree to replace such provision with the applicable law.
  5. These Regulations shall apply from March 17, 2021.