Terms of ServiceJanuary 15, 2020 2020-04-19 11:56
Terms of Service
Regulations of services by the www.norma.training website
- Definitions. User Contact Data are User data with which the Service Provider may contact him, including the address, e-mail address and telephone number.
- The Service Provider’s Contact Information is the Service Provider’s data with which the User can contact him, i.e. NORMA EDU LTD with its registered office in Great Britain, 7 Kings Avenue, Manchester M8 5AS, e-mail: firstname.lastname@example.org
- Business Days are days from Monday to Friday, excluding public holidays.
- Delivery is delivery of the Goods to the User to the destination indicated by him, through the Carrier. A consumer is a User who is a natural person and concludes a Contract not related directly to his business or professional activity
- The User Account is a panel managing User orders, available in the Service area, subject to Registration and logging in. Crt is the functionality of the Website, enabling the User to complete orders for Services or Goods. Adding an item to the list of Services or Goods covered by the order takes place by using the “Add to cart” button located next to a given Service or Good in the Website’s area.
- The Online Course is an electronic collection of educational materials in the form of video files, text documents or graphic files, related to issues related to the use of graphic programs, in particular, ArchiCAD, Vectorworks, Twinmotion, Lumion, Corona and Rhino.
- Individual Lesson (Help 1:1) is a Service for giving lessons in the field of operating the ArchiCAD graphic program, provided electronically via the Website, without the simultaneous physical presence of the parties.
- The Regulations are these Regulations for the provision of Services by electronic means in the area of the Internet domain www.norma.training, which sets out the conditions for the provision of Services by the Service Provider via the website www.norma.training for Users. Registration is the procedure of creating a User Account by the User, using the registration form located on the Website.
- The Website is an online store run by the Service Provider in Polish and English together via a website available on the Internet at the URL: www.norma.training
- Sale is a Service for the sale of goods provided by the Service Provider to the User without the simultaneous presence of the parties (at a distance), by transferring data at the User’s individual request, sent and received by means of electronic processing devices, including digital compression, and data storage, which is in all broadcast, received or transmitted via a telecommunications network.
- Goods are digital content or a physical product, presented in the Service area by the Service Provider for the purpose of Sale.
- A contract is a contract for the provision of the Service by the Service Provider to the User.
- The Service is a service provided by the Service Provider to the User, under the Agreement concluded between the parties via the Website, as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.
- The service provider is Beata Skrzypiec, conducting business activity under the company NORMA EDU LTD with headquarters in Great Britain 7 Kings Avenue, Manchester M8 5AS registered under number 12099875, which is the service provider, administrator, and owner of the Website.
- A User is a person, legal person or organizational unit without legal capacity, which concludes a Service Agreement with the Service Provider, provided that it has the full legal capacity or limited legal capacity in cases governed by generally applicable law or is a legal person or organizational unit without legal capacity.
- The webinar is a lecture, transmitted through the Website in real-time, regarding the operation of graphic programs.
- The External Payment System is an online payment system used by the Service Provider.
- The Service Provider provides Services in accordance with the Regulations and the provisions of generally applicable law.
- The Service Provider makes these Regulations available on the Website and at the Service Provider’s office.
- Users can at any time: access the Regulations, save, acquire and reproduce by the printing or saving on a data carrier.
- The information provided on the Website’s website does not constitute the Service Provider’s offer within the meaning of the Civil Code, but only the invitation of Users to submit offers to conclude the Agreement. 6. All Services are provided via the Website’s website 24 hours a day, 7 days a week.
- In order to use the Website, it is necessary for the User to have an ICT device with access to the Internet, a correctly configured web browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, as well as an active and correctly configured e-mail account.
- The Website is used by familiarizing itself with its contents.
- Services provided through the Website are fully broadcast, received or transmitted via a telecommunications network and using the Website’s infrastructure.
§2 Online courses
- The Online Course is a paid service consisting of providing electronic resources to the User, constituting training materials in the form of video, electronic documents or tests, related to the use of ArchiCAD, Vectorworks, Twinmotion, Corona, Lumion, Rhino, Grasshopper.
- In order to use the Online Course, the User is required to meet the technical conditions published in §1 point 8 of the Regulations and to have a correctly installed and configured sound reproducing device.
- The provision or installation of the abovementioned device, as well as any software, is not included in the provision of the Service.
- The Service Provider reserves the right to conduct promotional campaigns including Online Courses, consisting in particular in providing the Service without additional fees or at a reduced price
- The use of Online Courses requires logging into the User Account.
- All online training materials are only available through the website.
- License provisions regarding the use of teaching materials falling within the scope of the Online Courses Service are provided in §12 of the Regulations.
§3 Webinars and Events
- The subject of the Webinar Service is a provision consisting of enabling the User to participate in a selected Webinar, conducted via the Website’s infrastructure and other service providers
- The Webinar service is entirely broadcast, received or transmitted via a telecommunications network.
- In order to use the webinar, the User must meet the conditions set out in §1 point 7 of the Regulations and have a correctly installed and configured audio playback device, as well as an internet connection enabling uninterrupted video transmission and displaying real-time text chat.
- Using the Webinar is possible within the time limits specified by the Service Provider. Information about the dates on which the Webinar is run is posted in the Website area.
- Participation in the webinar requires registration for each event.
§4 Individual lessons – 1:1 help
- The subject of the Individual Lesson is the free provision of the Service Provider’s readiness to provide instruction on how to use the ArchiCAD software for the User who enrolled in the online course, under the conditions set out in the offer and the Regulations, via the Website’s infrastructure.
- In order to take advantage of individual Lessons for the online course members, the User must meet the conditions set out above.
- In order to use the Individual Lesson, the User is required to meet the conditions set out in §1 point 7 of the Regulations and to have correctly installed and configured the recording and reproducing device for sound or sound and image.
- The use of the Individual Lesson may require the User to have the appropriate software, in particular, ArchiCAD graphics programs, depending on the scope of the Individual Lesson indicated by the User.
- Access to or installation of the aforementioned devices and software is not included in the provision of the Service.
- The Service Provider provides Users with proper conditions to learn how to use graphic software, by appropriate selection of the curriculum and teaching materials.
- By concluding the Agreement, the User undertakes to participate in the Individual Lesson on time.
- The User may suggest changing the date of the Individual Lesson. For the change of its date to be effective, the Service Provider’s approval is required.
- In the case of enrollment in Individual Lessons implemented within a time period, the User declares participation in their entire provision.
- The duration of Individual Lessons is expressed in clock hours.
- Recording, reproduction, recording, public reproduction, and dissemination of Individual Lessons are prohibited.
- Dates of Individual Lessons are agreed between the User and the Service Provider via the form available on the website.
- The Agreement may be terminated in writing or electronically, using the Service Provider’s Contact Details.
§5 Ordering individual lessons: 1:1 help
- The User orders the Individual Lesson Service by submitting an offer to the Service Provider via the form published on the Website.
- Orders can be placed 7 days a week and 24 hours a day.
- In order to place an order via the form, the User should enter in its area relevant information about the conditions of providing the Service, in particular:
- individual lesson type,
- date of benefit,
- detailed thematic scope,
- user’s Contact Details.
- The submission of the Service Provider’s offer takes place when the “Confirm meeting” button is used after the User has entered important information on the terms of the Service in the form area.
- The deadline for providing the Service is determined on the basis of information contained in the User’s offer.
- The Service Provider may reject the offer or contact the User to propose other conditions for the performance of the service, in particular, such as the deadline for the Individual Lesson.
- The Service Provider provides Users with the Service of Selling Goods at a distance, via the Website.
- The subject of the Sale Agreement includes the Service Provider’s obligation to transfer the ownership of the Goods to the User and their release, and the User’s obligation to collect the Goods and pay the price of the Goods to the Service Provider.
- By concluding the Sales Agreement, the Service Provider undertakes to provide the User with Goods without defects.
- The Sales Agreement is concluded upon confirmation of the User’s order by the Service Provider.
- The delivery of Goods delivered in electronic form takes place immediately, usually within 1 Business Day and takes place electronically to the e-mail address provided by the User when placing the order.
- The delivery of Goods delivered in physical form takes place immediately, usually within 10 Business Days and takes place via the Carrier to the address provided by the User.
- The time of delivery of the Goods may change if the user changes the order.
- The Goods are released no earlier than after the User has paid.
- The Seller confirms the release of the Products to the Carrier for Delivery to the address provided by the User when placing the order, by sending an e-mail to the User’s e-mail address.
- The risk of accidental loss or damage to the Goods shall pass to the Consumer upon its delivery to the Consumer.
- The delivered package should be examined by the User in the presence of the Carrier. In the event of damage to the shipment, the User has the right to request that a proper report be drawn up.
§7 Communication functionalities
- The Service Provider provides the Users with the following communication functionalities located in the Service area:
- contact forms that enable sending messages or digital files to the Service Provider or other Website Users,
- forms for entering comments or opinions regarding the content of the Website, Goods or Services,
- forms for entering technical queries regarding selected Website resources, in particular, Online Courses,
- Livechat available on every page of the website.
- The use of communication functionalities may require having a registered User Account on the Website or an external social network whose function the User intends to use.
§8 Other services and functionalities available on the website
- The Service Provider provides Users with a search engine located in the Service area in order to enable users to search the Service resources using keywords.
- The contract for the provision of free Service may be terminated by the User or the Service Provider without giving a reason and at any time, using the functionalities included in the Regulations or by e-mail sent to the e-mail address included in the Service Provider’s Contact Data or User Contact Data.
§9 Orders via the basket
- Orders for Services or Goods can be placed via the Website’s website 7 days a week and 24 hours a day, using the Cart function. After completing the list of orders, in the Basket area, the User proceeds to the order.
- If the User is a logged-in user of the User Account, he places orders as a logged-in User.
- If the User is not a logged-in User Account holder, he can choose the method of placing the order by using the “Click here to log in” button to place the order using his User Account.
- In the area of the order form, the User provides: billing information to issue an invoice, payment method, by selecting the appropriate payment option.
- Placing an order precedes the receipt by the User by displaying in the Basket area information about the total price for the order, including taxes and related costs, in particular, payment costs.
- Placing an order can be done by using the “Buy and pay” field in the Basket and is tantamount to submitting by the User to the Service Provider an offer to conclude a Service Agreement or a Contract for the Sale of Goods included in the order.
- Before sending the order form, by checking the appropriate box, the User should declare that he has read the Regulations and accepts its provisions.
- The Service Provider will immediately inform the User about the impossibility of completing the order in the event of circumstances causing it. This information is provided by phone or electronically, using the User’s Contact Details. The information may contain the following ways to modify the order:
- cancellation in the part impossible to realize, which results in the conversion of the order value,
- canceling the order in full, which results in the redemption of the value of the order.
- Confirmation of the order is accepted by sending an e-mail by the Service Provider to the electronic address provided in the User’s Contact Data. Confirmation of the order is tantamount to acceptance by the Service Provider of the offer to conclude the Agreement submitted by the User.
- The value of payments for the Services provided is determined on the basis of the price list of the Services or Goods, which is on the Service Provider’s website at the time of ordering the Service or Goods. The prices provided on the Website’s website are gross prices, given in dollars, but they do not include the costs of the chosen form of payment.
- Transaction costs are borne by the User.
- The total price of the order, visible in the Basket area before placing the order, includes the price for the ordered Goods together with tax receivables and all related costs, in particular, transaction costs. The total price of the order is binding on the Service Provider and the User.
- The Service Provider provides the following methods of payment for Services rendered using the external payment system Stripe Inc 3180 18th Street San Francisco, CA 94110 United States
- The due date of payment is the moment the Goods are released or the Service commences, and thus the day of placing the order.
- The invoice or invoice for the Services provided is sent by e-mail to the User’s e-mail address.
- The user agrees to receive invoices in electronic form.
- The return of payment by the Service Provider takes place immediately, not later than within 14 days from the date of the cause, in the case of:
- withdrawal from the Agreement by the Consumer,
- resignation by the User from the order or part of the order paid before implementation,
- the Service Provider’s recognition of the claim covered by the complaint in whole or in part, based on generally applicable provisions.
- The payment is refunded using the same payment method that was used by the User in the initial transaction unless he agrees to another solution that does not involve any costs for him.
- Complaints can be submitted by e-mail to the electronic address indicated in the Service Provider’s Contact Details.
- The complaint should contain a description of the problem and the User’s identification data.
- The service provider recognizes complaints within 14 days from the date of notification. In the content of the complaint, it is recommended to provide User Contact Data, which will be used to answer the complaint and to correspond with it.
- Complaints can be made under the warranty for defects in Goods or Services.
- If the Product has a defect, the User may request a replacement of the Product for a product free from defects or removal of the defect. The Service Provider is obliged to replace the Defective Product with a product free of defects or to remove the defect within a reasonable time without undue inconvenience to the User.
- The Service Provider may refuse to satisfy the User’s request if bringing the defective Goods into compliance with the Contract in a manner chosen by the User is impossible or would require excessive costs in comparison with the second possible method of achieving compliance with the Contract.
- If the User is not a Consumer, the Service Provider may refuse to exchange the Good for free from defects or to remove the defect also when the costs of redressing this obligation exceed the price of the Good sold.
- If the Good has a defect, the User may submit a statement on price reduction or withdrawal from the Agreement, unless the Service Provider immediately and without undue inconvenience for the User replaces the faulty Good with a faultless one or removes the defect. This limitation does not apply if the Good has already been replaced or repaired by the Service Provider or the Service Provider has not complied with the obligation to replace the Goods free of defects or remove the defect. The User may not withdraw from the Agreement if the defect is insignificant.
- The consumer may instead of the removal of the defect proposed by the Service Provider request replacement of the Product for one free of defects or instead of replacement of the Product request the removal of the defect unless bringing the Good to compliance with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Service Provider. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found is taken into account, as well as the inconvenience to which the Consumer would otherwise be exposed.
- The reduced price referred to in points 9 and 10 above should remain in such proportion to the price resulting from the Contract in which the value of the Good with the defect remains to the value of the Good without defect.
- In relation to Users who are not Consumers, the application of warranty provisions is excluded.
- The consumer has the option of using the following out-of-court complaint and redress methods:
- submitting an application for settlement of a dispute arising from the concluded Agreement to a permanent amicable consumer court operating at the Trade Inspection,
- submitting a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Service Provider to the Provincial Inspector of Trade Inspection,
- using the assistance of a private or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
- submitting a complaint via the EU ODR internet platform, available at http://ec.europa.eu/consumers/odr/.
§12 License provisions
- By concluding the Agreement for the provision of the Online Courses Service. The Service Provider grants Users a license to use didactic materials placed in the Service area, the access to which is included in the scope of the selected Service.
- The license to use teaching materials is granted in the following fields of use:
- entering videos into the memory of multimedia networks, ICT network servers, ICT networks and computers via the Website.
- use of works by the User in the scope of individual educational and professional purposes implemented only for the benefit of the User who is a party to the Agreement.
- The license is granted for the duration of the Agreement for the provision of Online Courses Service, concluded between the Service Provider and the User.
- The license is non-exclusive and is valid on the territory of the Great Britan and abroad, in relation to all or part of the works.
- Under the Agreement for the provision of Online Courses Service, the license is granted free of charge.
- All trademarks, graphic elements and teaching materials posted on the Website’s website in order to provide Services or present Goods are subject to the copyright of their owners.
- The Website’s domain, logos, name, and Regulations are the property of copyright and subject to legal protection.
- The Service Provider declares that he may dispose of copyright to the works to the extent necessary to perform the Agreement and that the works are not encumbered with the rights or claims of third parties, in particular, those arising from the provisions of copyright law and industrial property law.
- In matters related to works published in the Website area and not regulated by the Regulations, the provisions of generally applicable law shall apply, in particular, the provisions of the Act of 4 February 1994 on Copyright and Related Rights.
§13 Supplementary provisions
- The user acknowledges that the User provides content that it is prohibited to post content
- unlawful, that may mislead Website Users,
- infringing the personal rights of Users, the Service Provider or third parties,
- widely recognized as offensive, vulgar or violating morality, in particular: pornographic content, content promoting the use of drugs or excessive alcohol consumption,
- content calling for racism, xenophobia or spreading hatred,
- containing elements to which the User does not have the appropriate copyright,
- constituting mass content or repetitions and for conquering content, of an advertising nature,
- containing website addresses or data of entities conducting competitive activity against the Service Provider.
- The Service Provider is entitled to remove comments or other content that violates the provisions of the Regulations.
- The Service Provider reserves the right to conduct promotional campaigns, consisting of reducing the price of Goods or Services to a specified date or exhausting the resources subject to the promotion.
- The Service Provider undertakes to make reasonable efforts to enable the proper functioning of the Website and to assist in solving technical problems related to its operation.
- The Service Provider undertakes to carry out activities aimed at protecting data in the User’s Account against unauthorized access and use.
- The Service Provider is not liable to Users who are not Consumers for:
- interruptions in the proper functioning of the Website and improper performance of Services, caused by force majeure, technical activities or a cause attributable to the entities through which the Website provides Services,
- lost profits or income.
§14 Data processing
- The Service Provider may collect information to store it locally on the User’s device, using the browser’s memory mechanism using “cookies”.
- The personal data of Website users are processed on the basis of the consent of the data subjects or when it is necessary to perform the Agreement, when the data subject is its party or when it is necessary to take action before the conclusion of the Agreement at the request of the data subject.
- The rights referred to in the above point are, depending on the grounds for data processing: the right to access their data, request rectification, deletion, processing restrictions, objecting to their processing, the right to transfer data, as well as the right to lodge a complaint with the supervisory authority.
- If personal data are processed on the basis of consent to their processing, it may be withdrawn at any time. Withdrawal of consent does not affect the lawfulness of prior data processing.
- By concluding the Service Agreement, the User voluntarily authorizes the Service Provider to direct to the User Contact Data information related to the Agreements and their performance, as well as commercial information in the event of separate consent being given.
- The User who is not a Consumer is obliged to inform the Service Provider about changes in the User’s Contact Data, under pain of the effectiveness of their use in delivery.
§15 E-mail communication: here newsletter and mailing not related to shopping and participation in courses.
- Mailings related to the services offered are sent via the website.
- Mailing is only received by people who have agreed to this by completing the form on the website.
- Receiving mailing is free.
- Mailings may additionally contain paid offers related to the topic of receiving mailing while using the paid offer is voluntary.
- You can unsubscribe from receiving a given mailing at any time by clicking the link in the footer of each message.
- The Service Provider is not responsible for failure to provide all or some of the messages, which may result from an incorrectly completed form or security of the user’s mailbox.
§16 Change of regulations
- The change to the Regulations may occur due to a change in the law regarding the services provided by the Service Provider, as well as technical or organizational changes regarding the services provided by the Service Provider.
- The Regulations are amended by publishing its new content on the Website, upon prior notification.
- The Service Provider sends information about the amendment of the Regulations to the User’s Contact Data in the event of the parties being bound by an Agreement concluded for an indefinite period.
§17 Membership service
The Membership service is a service that gives access to all training and additional services listed on the service page as part of one monthly fee.
Access to services provided as part of the Membership service is active as long as the service has been purchased.
The Membership service fee is paid for 1 month and is automatically renewable on the 30th day of the service.
You can unsubscribe from the service at any time without giving a reason after logging into your account.
Failure to make a payment for the next billing period results in the loss of access to all services provided under this service.
§18 Final provisions
- The meaning of capitalized terms is consistent with the explanations in the ‘Definitions’ section.
- The provisions of the Regulations are not intended to exclude or limit the rights of the User who is a Consumer under the provisions of generally applicable law.
- In the event of non-compliance of the Regulations with the provisions of generally applicable law, these provisions shall apply.
- In matters not covered by the Regulations, the provisions of generally applicable GB law shall apply.
Day February 2, 2020