REGULATIONS FOR THE USE OF THE Lerni service
- The following Regulations cover also other web pages through which the Provider supplies the e-learning services.
- Terms used in the following Regulations mean:
- Account – an individual User account in the electronic system, run and managed by the Provider,
- Demo account – an idividual User account in the electronic system, run and managed by the provider, allowing the User access to the elements of lessons of a given course chosen by the Provider,
- Course – a program which is a part of the Lerni service allowing learning a given language, consisting of a packet of lessons,
- Registration – a proccess allowing collecting data about Users and giving them logins and passwords,
- Lerni Service - a program created by Lerni sp. z o. o. for online learning, an internet service available at www.Lerni.us,
- Terminal device – any device with internet connection that allows using the Platform resources, especially a computer, laptop, mobile phone and tablet,
- Provider – Lerni sp. z o. o. with its registered office at ul. Żeromskiego 62/2, 50-312 Wrocław, NIP (Tax Identification Number) 8952033689, registered in the Register of Entrepreneurs of the National Court Register under KRS number 0000517524, maintained by the District Court for the city of Wrocław - Fabryczna, VI Commercial Division of the National Court Register,
- Personal Data Protection Act – the act from 29th August 1997 about personal data protection (Dz. U. - Journal of Laws - of 2002, No. 101, item 926 as amended),
- Act on Copyrights - The Act of 4 February 1994 on copyright and related rights (i.e. Dziennik Ustaw [Journal of Laws] 2006, No. 90, item 631),"
- 1. Act on Rendering Electronic Services - the act from 18th July 2002 about rendering electronic services (Dz. U. - Journal of Laws – of 2002, No. 144, item 1204 as amended),
- User – a natural person using the Lerni service.1. osoba fizyczna korzystająca z serwisu Lerni. People not having legal capacity or having a limited legal capacity can become Users if they obtain a permission of their legal representative or a legal guardian for using the Lerni service.
- 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 (general regulation on protection data)
- The Lerni service is a creation within the meaning of the copyright law and all copyrights belong to the Provider.
- The Provider, within the Lerni service , enables the User to use the language and expert courses, and to gain other skills in the on-line system.
- Within the Lerni service the User chooses wether to use a language or expert course, and decides about the course version.
- The Provider enables the Users to use the Lerni service in a desktop and mobile version, that is using mobile phones and tablets. The provider stipulates that the User working with a mobile version shall have a limited access to the service, adapted to remote use of the service.
- Access to the full version of the service is offered for sale, according to the rules outlined in §10. The User may work with a limited version of the course for free after creating a demo account.
- The Provider reserves the right to introduce new arrangements for selling the access to the Lerni service, all details regarding new sales arrangements shall be defined in a separate regulation each time they are introduced.
- The Provider declares that all the material published on the www.Lerni.us website, including text, photographic, graphic, audio and video material, and its configuration are the intellectual property of the Provider or of thir parties.
- The Provider disables copying, reproduction, modification, distribution or other forms of commercial exploitation of materials owned by the Provider, referred to in paragraph 1, without the prior written consent of the Provider.
- In order to use the Lerni service in its desktop version it is required to have:
1) a computer with access to the Internet,
2) operating system Mac OS version 10.6 or higher, Windows XP or higher
3) one of the following browsers: Chrome, Firefox version at least 3, or Opera version at least 10 or later,
4) Adobe Flash 9.x or later, JAVA installed on the computer
- In order to use the site Lerni in a mobile version, it is required to have the Android operating system installed and internet access.
- In order to use the Lerni service, it is required to enable support for short text information called "cookies" (hereinafter referred to as "cookies"). Disabling "cookies" prevents Users logging into their accounts and using full access to the resources of the Lerni service.
- To make full use of the desktop version of the site Lerni headphones and microphone are necessary.
User Registration. User account.
- In order to use the Lerni service it is necessary to register by creating a User account.
- Creating the account is free of charge.
- Registration is made by filling out the registration form correctly, or via one of the social networks on which a Lerni service account is available. The User registers after taking note of the content of these Rules and accepting its provisions.
- The application form referred to in the preceding paragraph, is filled by the User by entering an email address. Entering the e-mail address is voluntary, but necessary for its registration.
- The User is also entitled to take the courses within other services provided by third parties in accordance with the principles laid down in the rules of these services.
- The User who has purchased access to the course through a distribution entity (eg. Groupon), or received access purchased within a package of a bigger number of accesses, gains access to the course after entering the activation code which is placed on the document (eg. on the voucher, on a coupon) on a course website.
- The e-mail address provided by the User during registration will be used by the Provider only to send information related to the operation of the Lerni service.
- The User, during the registration process, may give a separate consent for sending advertising and promotional content directly related to the Lerni service or other products of the Provider.
- In the course of registration, providing the e-mail address through which the User will log in to the account is required.
- The User is obliged to provide correct data in the registration process.
- Creating an Account via the social networking site is equivalent to giving consent to the publication by the Provider of the User's name and photo and/or graphic sign, taken from a particular social networking site, by displaying these data on a public User profile and other subpages of the site.
- Data entered in the application form should be updated by the logged User.
- The User has access to their data and shall be entitled to edit them at any time.
- A single account can only be used by one User.
- In order to log in it is required to provide the correct Username and password by the User.
- In a situation where the User forgets the password, they can use the Forgot my password option available on the website.
Access to the Lerni service
- The User who is registered is entitled to use the Lerni service to a limited extent through a demo account.
- The User who pays the fee for the course is entitled to use the full version of the course over the period for which it was purchased.
- The Provider will launch the course selected and paid by the User after 14 days from the date of the agreement. In a situation where the User makes a clear request for providing the service earlier than indicated in the preceding sentence, the Provider will make every effort in order to fulfill User request. The Provider reserves, however, that the course will not be activated earlier than 72 hours after crediting the payment from the User.
- After the expiration of the period for which the course has been purchased, access to the course becomes inactive. In order to use the full version of the course further, it is necessary for the User to make a payment.
The rights and obligations of the User
- The User is obliged not to establish a User account the name of which refers to the words commonly considered offensive, contrary to accepted principles of morality and / or to which the User does not have appropriate permissions.
- The possibility to use a name which is the address of the website and / or inscriptions which are a trademark, as well as signs that may infringe the rights of third parties as the User account name is precluded.
- The User should observe the following data safety provisions:
1) protect the password to the account from access by third parties,
2) log out from the User account using the "Sign out" button, especially when using the Lerni service on public devices, placed in schools, Internet cafes, etc.
- The Provider shall not be liable for the User's failure to comply with the rules set out in the preceding paragraph.
- It is forbidden for the User to take actions that may destabilize the operation of the Lerni site or in any way impede the use of the Lerni site for other Users.
- It is forbidden for the User to make attempts to access resources to which the User does not have permissions.
- The User, during the registration, may also agree on the transfer of commercial information by the Provider by means of electronic communication.
Powers and duties of the Provider
- The Provider is entitled to refuse to register a User who does not comply with the requirements specified in § 8 sections 1 and 2.
- The Provider shall be entitled to send the User information related to the operation of the Lerni service to the e-mail address provided during registration.
- In the case of prior consent from the User for sending the content of advertising and promotional activities related directly to the Lerni service or other products of the website owner, the Provider shall be entitled to send such content by e-mail.
- The Provider reserves the right to temporarily block or delete the account of the User who does not comply with this Regulation.
- The Provider shall send the consumer a confirmation of the remote agreement on a durable medium within a reasonable time after its conlusion, prior to the activation of the service. This confirmation contains information about the main characteristics of the subject including the provision of benefits and how to communicate with the consumer, as well as information of the consument's consent for receiving digital content in the circumstances causing the loss of the right of withdrawal from the agreement.
- The User is entitled to use the full version of the course after paing the fee in the amount specified on the specific course website.
- The fees indicated on the websites of the individual courses are gross prices that include VAT and are expressed in Polish zlotys.
- The fee depends on the length of enrollment selected the User.
- The User can make a payment for the service by a bank transfer, postal order or through entities that support payments, the list of which is available on the website of the Lerni service.
- In the case of payments through entities that support the payment, the User will be automatically redirected to the website of such entity, and then make the payment in accordance with its rules of service.
- The User who wants to receive a VAT invoice for the purchase of access to Lerni should inform the Provider. The information referred to in the preceding sentence shall be forwarded to the Provider by e-mail within 7 days from the date of payment.
- The Provider reserves the possibility of introducing a payment service automatically and periodically charging User's card (ie. subscription payments), as well as payments via SMS after Provider's adjustment to the specifications required to support this type of payment.
- Each User, in case of irregularities in the functioning of Lerni, is entitled to report it by sending an e-mail to: pomoc@Lerni.us or by letter sent to the address of the Provider.
- The notification should include the User's contact details, User name, and an indication of the services considered in the notification with its reasons.
- The Provider shall respond to the notification no later than 14 days from the date of its receipt.
- In special cases, ie. when examining the notification requires from the Provider unusual, specific actions and findings, or the Provider encounters independent and objective obstacles (eg. hardware, network, web, etc. failures), the rime required for the notification recognition may be extended, but for no more than 14 days.
- In a situation in which it is necessary to obtain additional clarification from the User in order to examine the notification, the deadline to comment on it is further extended by the time of providing explanations by the User.
- The answer will be sent to the User in the form in which the Provider has received notification of the irregularity, at the address indicated in the application.
- All complaints concerning payments must be submitted to the party responsible for the execution of payments, ie. a bank or other entity through which funds are transferred.
Termination of the contract
- The User may, within 14 days from the date of the agreement, withdraw from it without giving any reason and without incurring the costs, with the exception of the costs referred to in Art. 33, Art. 34 paragraph. 2 and Art. 35 of the Act of 30 May
- The User may terminate the contract by submitting the statement of withdrawal from the contract to the Provider. Declaration may be made on the form which is attached as Appendix 1 to these Rules / available at www.lerni.us/regulamin.
- The Provider does not provide for the possibility of sending the declaration of withdrawal from the contract by electronic means.
- To comply with the time limit referred to in paragraph. 1 it is enough to send a statement before its expiry.
- In the event of withdrawal, the contract is considered null and void. The Provider must immediately, not later than within 14 days of receipt of the declaration's of cancellation, reimburse the payment made by the User. The Provider shall refund payments using the same method of payment as the one the User has chosen, unless the User explicitly agreed to a different method, which does not incur any additional costs.
- The right of withdrawal shall not be granted to the User, if the performance has begun with the express consent of the consumer before the deadline to withdraw from the contract and after informing the User by the Provider about the loss of the right to withdraw from the contract.
Processing of personal data
- The User, when giving personal information during registration, in order to use Lerni, consents to its processing by the Provider in accordance with the Act on Personal Data Protection.
- Personal data shall be processed in accordance with the provisions of the Law on Personal Data Protection.
- The User has the right to access their personal data, and the right to request their rectification, completing, or deleting accorring to the rules specified in Art. 32-35 of the Law on Personal Data Protection.
- The User data will be made available to persons or authorities authorized under the laws in force in the territory of the Republic of Poland, if the obligation to make such data and correspondence available results from the laws in force in the territory of the Republic of Poland.
- The adminitrator of Users' personal information is the Provider.
- For the proper functioning of the Lerni service, “cookies” files, which contain the information necessary for the proper functioning of the service, shall be saved on the User's terminal device files.
- By registering or using the site, with "cookies" enabled, the User agrees to use the mechanism of "cookies", ie. saving the files in the memory of a device used by the User.
- The "cookies" do not allow for the identification of the User. Using "cookies", no personal data are processed and / or stored.
- "Cookies" do not affect the way the terminal device operates, do not damage the system, do not change the configuration, and have no effect on the operation of the software installed on the User's device.
- The User shall be entitled at any time to withdraw consent to use "cookies" by the Provider. To do this, the User must make appropriate changes in the settings of a web browser, through which they use Lerni. In this case, the User will be deprived of the possibility of use Lerni.
- The entity placing information in the form of "cookies" in the User's terminal device, and the entity receiving access to them is the Provider.
- Data obtained automatically, for example. User's computer IP address that follow the general principles for the Internet connections, are stored in the logs of the server on which the Lerni service is published.
- We collect and store the following data about users:
- Information provided by users
- full name;
- Data collected by us automatically (may or may not include):
- advertising display identifiers such as 'cookie' files;
- device identifiers, e.g. screen resolution, device model;
- information on the manner in which the user uses our site, such as, for example, the choice of language, history of lessons, etc.
- Information provided by users
- Information from other sources
The providers of data are, for example:
- payment service providers who provide us with information about the method or date of payment;
- partners who cooperate with within the scope of offering access to our website or within the joint marketing activities;
- entities providing us with demographic, geographic and advertising data, including advertisements based on targeting and online advertising, and broadly understood analytics; - publicly available sources.
- We use the above information to use the services provided by Lerni and for marketing purposes, including in particular:
- user registration, order processing and user's payments;
- improvement and personalization of our marketing activities. Based on your behavior in the application, the actions undertaken, including on the basis of the data collected in this way, after expressing your explicit consent, personalized offers will be automatically directed to you. The legal basis in this respect will be art. 22 ust. 2 lit. c) GDPR. You have the right to withdraw your consent at any time, this will not affect the lawfulness of the processing, which was made on the basis of consent before its withdrawal;
- analysis and better understanding of our users;
- in order to send the user information about our website (e.g. by means of e-mail messages and Internet communication channels);
- sending information about new articles on the blog, invitations to events, etc.;
- giving the user assistance in servicing the website.
- Your personal data will be processed during the period of using the services and for the duration of the contract and after its completion for the period necessary to defend the rights or until the consent to their processing is withdrawn.
- The User has the right to:
- access their personal data and receive of copies of personal data undergoing processing;
- rectify incorrect data;
- request deletion of data (right to be forgotten) in the case of circumstances provided for in art. 17 GDPR;
- requests to limit data processing in the cases specified in art. 18 GDPR;
- object to the processing of data in the cases specified in art. 21 GDPR;
- transfer of supplied data, processed in an automated manner.
- If you need additional information related to the protection of personal data or you want to exercise your rights, you can contact us at: firstname.lastname@example.org
Amendments to the Regulations
- The Provider reserves the right to make changes to these Rules and shall forthwith, ie. within a period of not less than 14 days before the changes, inform at www.Lerni/regulamin and by electronic means.
- The Provider shall inform about the fact of making changes to the Rules by posting information about changes at www.Lerni.us/regulamin and the inclusion of a unified text of the amended Regulations and an indication of which of the existing provisions of the Regulations have changed. In addition, the Provider will send the relevant information to Users at e-mail addresses indicated during registration.
- The change of the Rules may occur at any time, in particular for major technical, legal and / or organizational reasons, without having to give explanations for those reasons.
- Using Lerni after the entry into force of the amendments to the Regulations is tantamount to acceptance of the changes.
- Any changes to these Regulations come into force within 14 days from the date of their publication on the Platform website and sending relevant information to Users.
- These Regulations shall be made available to the Users free of charge, in a way allowing for the acquisition, playback and recording of the content.
- These Regulations are available at www.Lerni.us/terms.
- In respect of services provided electronically, these Regulations are the rules referred to in Art. 8 of the Law on electronic services.
- Communication between the parties is done in writing or electronically. In the case of written communication, all correspondence should be sent to the address of the Provider. Upon receipt of written correspondence, the Provider shall respond to the address given in the User's letter. In the case of electronic communications, the Provider will send the User information to the e-mail address provided during registration.
- These Regulations shall enter into force on the date of publication on the Lerni Service website.
- If any provision of these Regulations is or turns out to be ineffective, this does not affect the binding force of the remaining provisions. The rule, which is closest to the objectives of the invalid provision and the whole of these Regulations will be applied n place of the ineffective provisions of the Regulations.
- Any dispute arising from the Provider's provision of the Lerni service will be settled amicably, and in the case of absence of agreement, it shall be settled by the competent local and common court.
- The law applicaple to all legal relations arising from these Regulations is the Polish law.
- 9. The issues not covered by these Regulations are determined by generally applicable law regulations.