I INTRODUCTORY PROVISIONS

  1. These Rules set out the scope and conditions for the provision of the Service by the Provider and access to the Lexicos Application for the User.

  2. The Provider provides the Services electronically in accordance with the Rules.

  3. The User is obliged to comply with the provisions of the Rules.

  4. By registering or otherwise using the Service, you enter into a binding contract with the Provider, whose details can be found in Paragraph II (Definitions).

  5. The User's contract with the Provider includes these Terms of Service.

  6. The User declares that all registration information provided to the Provider is true, accurate, and complete, and agrees to its continuous retention.

  7. The Provider may, at its own discretion, make changes to the Contracts. When we make material changes to the Contracts, we will inform the User in a clear and explicit manner, e.g., by sending the User an email. In some cases, we will inform the User in advance, and the User's continued use of the Service provided by the Provider after the changes have been made will constitute acceptance of the changes. Therefore, please read such notices carefully. If the User does not wish to continue using the Provider's Service under the new version of the Contracts, the User may terminate the Contracts by contacting the Provider's Customer Service Department.

  1. DEFINITIONS

    1. Provider – the provider of the Lexicos application. The Provider is EOU sp. z o. o., MÅ‚ynarska 42 / 115, 01-171 Warsaw, Poland, registered in the register of entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under number KRS: 0001038089, with NIP (Tax Identification Number): 5273057993 and REGON (Business Identification Number): 525396900.

    2. User – a natural person, legal entity, or organizational unit without legal personality that uses the Application.

    3. Contract – means the contract for the paid provision of Services concluded between the Provider and the User for an indefinite period. The Contract is effectively concluded at the moment the User makes the payment in accordance with the provisions of the Contract.

    4. Service – enabling Users to use paid online foreign language lessons provided by the Provider through the Application using image (video) and sound (audio).

    5. Content – means all types of text data, graphic data, audio files (e.g., recordings), audiovisual files (e.g., video clips, movies, multimedia).

    6. Application – the Lexicos application developed by the Provider.



  1.  RULES FOR THE OPERATION AND USE OF THE APPLICATION

    1. Using the Application requires a computer or mobile device with an installed operating system of Android version 8.0 or iOS 16 or higher, with location enabled and Wi-Fi and Bluetooth communication modules enabled, any version of the Google Chrome web browser not older than 62 or Mozilla Firefox version not older than 57 or newer with WebRTC, JavaScript, and cookies enabled. Users utilizing Services via a mobile phone should familiarize themselves with data transfer rates (internet connection) used by telecommunication operators.

    2. For the proper functioning of the Application, an internet connection and enabled data transfer are required. The cost of connecting the Mobile device to the internet is borne by the Information recipient in accordance with the content of the contract between them and the telecommunication operator.

    3. The use of all functions of the Application is possible after providing the email address, first name, and last name of the User.

    4. The Provider makes every effort to ensure that the Application can be used without significant interruptions and other faults, as well as using the widest range of hardware and software configurations available on the market, but does not provide any guarantees, especially regarding the quality of the Application, its suitability for any purpose, and the absence of obvious or hidden physical or legal defects.

    5. The Provider uses cookies only to collect information related to the User's use of the Service.

    6. The Provider is not responsible for any activities of the User.

    7. The Provider is not responsible for the results of foreign language learning through the use of the Services via the Application.

    8. The Provider is not responsible for technical problems or technical limitations on the User's computer or mobile device that prevent the User from using the Application or Service.

    9. The Provider is not responsible for the infringement of the rights of third parties or causing damage to third parties as a result of or in connection with activities carried out by the User, especially in the case of the User's violation of copyright and other intellectual property rights belonging to third parties.

    10. The Provider is not responsible for interruptions in the operation of the Application and interruptions in the provision of the Service resulting from force majeure understood as an event that could not be foreseen and whose effects could not be prevented. In the event of force majeure, the Provider is obliged to promptly inform the User of the interruption in the provision of the Service and state the reason for the interruption.

    11. The Provider is not responsible for interruptions in the operation of the Application and interruptions in the provision of the Service resulting from the fault of connected entities used to provide the Service.

    12. To the maximum extent permitted by applicable law, the Provider does not make any representations, warranties, or conditions regarding satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. As with any purchase of a product or service in any way and in any environment, the User should use their own judgment and exercise caution where possible. No advice or information, whether oral or written, obtained by the User from the Provider constitutes any warranty by the Provider in this regard. However, this does not affect the User's statutory consumer rights.

    13. The User hereby agrees that, to the extent permitted by applicable law, their sole and exclusive remedy for any problems or dissatisfaction with the Service is to contact the Provider's Customer Service Department.

    14. To the maximum extent permitted by law, the Provider will not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages; any loss of use, data, transactions, or profits (direct or indirect) in all cases arising out of the use of the Service, regardless of the legal basis, regardless of whether or not the Provider has been advised of the possibility of such damages, and even if a remedy fails of its essential purpose; or aggregate liability for all claims related to the Provider exceeding amounts paid by the User to the Provider during the preceding twelve months, to the extent permitted by applicable law.

    15. To the maximum extent permitted by applicable law, the User agrees to indemnify the Provider from any claims for damages, losses, and expenses (including reasonable fees and expenses for legal representation) arising from: (1) the User's breach of the Contract and (2) the User's violation of any applicable laws or third-party rights.

  2. PAYMENT FOR THE SERVICE 

    1. The Service guarantees access to the application for learning foreign languages. The price for access to the service is listed on the Application's website.

    2. All prices listed on the Application's website are gross prices.

    3. The User's payment to the Provider (or a third party through whom the User has purchased access to the Application) will be automatically collected upon the finalization of the payment on the Application's sales pages. The finalization process involves the Customer entering payment details into the Provider's system and then agreeing to and confirming them with special codes if required by the bank or payment provider.

    4. The User will gain access to the Application via an email sent to the email address they provided. The User will gain access immediately after making the payment specified in point IV.3.

    5. The Seller may terminate the Contract for serious reasons with a 14-day notice period; a serious reason is considered to be, but is not limited to, the Customer's violation of the provisions of the Rules or legal regulations, as well as the Customer's conduct contrary to good morals.

    6. The provisions of the Contracts apply to the User until they are terminated by the User or the Provider. If the User or the Provider terminates the Contract, the User agrees that the Provider bears no liability to the User and will not refund any amount already paid by the User to the maximum extent permitted by applicable law. The provisions of this paragraph will be applied to the extent permitted by applicable law. The User may terminate the Contract at any time.

  3. INTELLECTUAL PROPERTY 

    1. The Provider holds all copyrights to all works contained in the Application.

    2. Any copying, distribution, and other use of the Content contained in the Application without the prior written consent of the Provider is prohibited.

    3. The User does not have the right to commercially use, sell, resell, or otherwise transfer, copy, distribute, or promote the Content in the Application. The User will also not have the right to use the Content in a manner that requires a license for public use (reproduction).


  1. COMPLAINT PROCEDURE 

  1. The Contract is subject to the Consumer Rights Act. Detailed information can be found in the Consumer Rights Act, and these Rules are not intended to limit or change it.

  2. The User can submit a complaint about the Services to the email address: contact@eou-edu.eu.

  3. The content of the complaint regarding the non-provision or incorrect provision of the Service should include at least:

    • User's contact details (first name, last name, phone number),

    • A precise description of the discrepancies in the provision of the Service, including a list of activities performed that led to the discrepancies,

    • The date of occurrence and duration of the mentioned discrepancies,

    • Screenshots from the device showing the non-provision or incorrect provision of the Service.

  4. The complaint will be reviewed by the Provider promptly, no later than 30 calendar days from the date of receipt of the complaint. If further diagnostic activities are necessary, the Provider reserves the right to extend the above-mentioned period depending on the time required to perform the relevant diagnostic activities. The Provider will inform the User of the resolution of the complaint via an email sent to the email address from which the complaint was sent.

  1. WITHDRAWAL FROM THE AGREEMENT

    1. The Agreement is governed by the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Consumer Rights Act.

    2. The Provider has the right to withdraw from the Agreement without stating a reason. In such case, the User will receive a refund for the Service.

    3. Pursuant to Article 27 of the Consumer Rights Act, the User has the right to withdraw from a distance contract within 14 days, without giving any reason and without incurring costs, except for the costs specified in Article 33 and Article 34 of the Consumer Rights Act.

    4. The User may declare the intention to withdraw from the Agreement via email to the address: contact@eou-edu.eu.

  2. MAINTENANCE AND TECHNICAL BREAKS 

  1. The Provider has the right to disable access to the Application at any time without providing a reason in order to implement improvements or perform necessary repairs and maintenance work. These activities, except in cases arising from incidental events, will be carried out – if possible – during evening hours or on public holidays.

  2. Technical breaks in the operation of the Application cannot be the basis for any claims by Users or other persons.

  1. FINAL PROVISIONS 

  1. The Provider reserves the right to change the content of the Rules. The Provider will inform Users of changes to the Rules via the Application or email and by publishing the amended Rules on the website. The amended Rules are binding on the User unless the User notifies the Provider's Customer Service Department of their disagreement with the Rules within 21 days of the notification of the changes.

  2. If any provision of the Rules is or becomes invalid or ineffective, this shall not affect the validity of the remaining provisions.

  3. In matters not regulated by the Rules, the provisions of the generally applicable laws of the Republic of Poland shall apply.

  4. The Rules are valid from June 13, 2024.

  5. The last update of the Rules took place on June 13, 2024.