Regulations

GENERAL PROVISIONS

1. These regulations define the rules related to the organisation and participation in courses organised by: Magdalena Klimaszewska running a business under the name Magdalena Klimaszewska Osteopatia Fizjoterapia ul. Boh. Warszawy 17, 46-100 Namysłów with the NIP number 752 144 79 77 and REGON 360229117, hereinafter referred to as the “Organiser”, in particular: types, scope and conditions for the provision of exchange rate services and conditions for concluding contracts for the provision of such services.

2. The courses organised by the Organiser are available to Independent Trader (przedsiębiorców)s within the meaning of the Polish regulations related to further Independent Trader (przedsiębiorców)s and consumers (konsumentów) within the meaning of Art. 22 of the Civil Code, further consumers (konsumentów).

3. Consumers (konsumentów)  are not affected by the provisions of the regulations that would constitute prohibited contractual provisions within the meaning of the provisions of the Civil Code or violate the mandatory provisions of law regarding the conclusion of contracts with the participation of consumers (konsumentów). The provisions of the regulations are not intended to exclude or limit any consumer’s rights under Polish law. In case of any doubts regarding the provisions of these regulations, their content should be translated in accordance with the law for the benefit of the consumer.

4. Courses are organised within the thematic scopes and dates described on the website https://ipoe-osteopathy.com/. In the description of each course, there will be information to whom it is addressed.

§ 2

GLOSSARY OF TERMS

1. Regulations – means this document.

2. Organiser – means an Independent Trader (przedsiębiorców) operating under the name of Magdalena Klimaszewska Osteopatia Fizjoterapia ul. Boh. Warszawy 17, 46-100 Namysłów with the NIP number 752 144 79 77 and REGON 360229117, address e – mail: contact@ipoe-osteopathy.com

3. Course – each training service provided and conducted by the Organiser, both stationary and online.

4. Principal – a natural person, legal person or organisational unit that decided to register the delegated person / s to participate in the course.

5. Participant – a person who volunteered for the course or the person referred by the Principal to participate in the course organised by the Organiser and who is in particular: a physiotherapist (bachelor or master), physiotherapy student, doctor, osteopath, osteopath student or masseur.

6. Application – the fact that the Principal / Participant has sent it correctly a completed application form at https://ipoe-osteopathy.com/. The application is a formal obligation of the Principal / Participant to participate in the course and to pay for the course, on the terms set out in these regulations. Applying for participation is not tantamount to concluding a contract. Each Course has its own separate on-line form placed under the course program.

7. Application form – a document completed online at https://ipoe-osteopathy.com/. Successful sending of the application form is tantamount to getting acquainted with the Principal / Participant with the provisions of these regulations.

8. Agreement for the provision of services related to hereinafter referred to as a contract – a set of declarations of will made by the Organiser and the Principal / Participant, in the form specified in these regulations, exhausting the essential provisions of this type of legal action.

§ 3

NOTIFICATION AND CONCLUSION OF THE CONTRACT

1. The Organiser undertakes to conduct a course for the Principal / Participant in the scope specified in the course description and on the terms set out in these regulations.

2. The Organiser ensures that the quality of each course is guaranteed in accordance with a description of a given course, posted on the website https://ipoe-osteopathy.com/. Application for participation in the course should be made via the completed “Application Form” available at https://ipoe-osteopathy.com/ under the “Sign Up” tab.

3. In the application form, the Principal / Participant is obliged to provide the following data:

• first name and last name,

• e-mail address,

• phone number,

• type of payment settlement (receipt / invoice)

and in the event that the Principal / Participant is an Independent Trader (przedsiębiorców), additionally:

• Independent Trader (przedsiębiorców)’s company,

• HQ address,

• number nip.

4. On the basis of a correctly completed application form, the Principal / Participant receives a confirmation of accepting the application and participation in the course, along with information on the method of paying the deposit referred to in § 4 of the Regulations, unless the course Participant receives information via e-mail about other rules of payment. The above information is sent in electronic form to the e-mail address provided in the application form, by phone via SMS or by traditional mail.

5. The Ordering Party / Participant is obliged to pay the deposit within 7 days from the date of confirmation of acceptance of the application and participation in the course and after receiving information about the method of payment from the Organiser. The date of crediting the funds on the Organiser’s bank account is considered to be the payment of the deposit on time.

6. Failure to pay on time will automatically remove the Principal / Participant from the list of course participants.

7. In the case of courses where the number of places is limited, the date of receipt of the payment will be decisive.

8. The conclusion of the contract between the Organiser and the Participant or the Principal takes place at the moment of accepting the application for the course by the Organiser.

9. By concluding the Agreement, the Principal / Participant undertakes to make a timely payment of the price for the course, to read the content and compliance with the provisions of these regulations, and in the case of the organisation of stationary courses, also behaving during classes in a manner consistent with the principles of social coexistence and compliance with all order and health and safety regulations in force in the building where the classes are held

10. The contract for participation in the course is concluded before the course starts, at least 21 days before its commencement, or it will be announced otherwise in an announcement about an organised course, as long as there are not enough places for a given course. With the consent of the Organiser, it is possible to accept other shorter deadlines for concluding the contract.

§ 4

TERMS OF PAYMENT

1. In return for conducting the course (or readiness to conduct it), the Organiser is entitled to the remuneration specified in the course description, hereinafter referred to as the price.

2. The total price for the course should be paid no later than 14 days prior to its commencement date. The date of payment is the date on which the funds are credited to the Organiser’s bank account.

3. The basis for the participation of the Participant in the course is the timely payment of the entire price for the course.

4. The prices of the courses are given on the Organiser’s website in Polish zlotys. These are gross prices, binding at the time of concluding the contract.

5. The course price is payable in 2 instalments:

• PLN 500 in advance for Participants who are consumers (konsumentów) – necessary to confirm the acceptance of the application and participation in the course.

• 1000 PLN deposit for Ordering Parties – necessary to confirm the acceptance of the application and participation in the course for participants over 2 years old[jp1] .

• the remaining amount of the course (price reduced by the down payment) – payable no later than 14 days before the course start date.

6. There is a one-time payment of the full course price. Deviations from the payment deadlines for the course price or the number of instalments are possible only upon request and with the consent of the Organiser.

7. At the request of the Participant or the Principal, the Organiser may agree to a method of payment for the course other than the one adopted in the regulations.

8. Failure to pay the remaining price for the course is unequivocal with the resignation in his participation and will be considered a withdrawal from the contract by the Principal / Participant due to his fault. In this case, the Organiser will be entitled to retain the full amount of the deposit, unless the Participant who is a consumer submitted a declaration of withdrawal from the contract under the provisions of the Act of May 30, 2014 on consumer rights. This provision does not exclude the withdrawal in accordance with § 5 sec. 1 of the Regulations.

9. The Ordering Party / Participant authorizes the Organiser to issue a receipt / invoice without his signature.

10. The Organiser undertakes to issue a receipt / invoice with the date the payment is credited, and the Ordering Party / Participant agrees to receive the receipt / invoice in electronic form (pdf).

11. The price for the course includes: participation in the course, training materials, a course completion certificate and the use of the property provided by the Organiser (eg couches).

§ 5

WITHDRAWAL FROM THE CONTRACT

1. The Principal who is an Independent Trader (przedsiębiorców) may effectively withdraw from the contract on the general principles of the Act of 23 April 1964 – Civil Code.

2. Absence from the course or, in the case of online courses, the lack of an active connection with the Participant for reasons attributable to him does not mean withdrawal from the contract. The Ordering Party or the Participant is then obliged to pay the full amount of the course fee.

3. The Organiser has the right to change the date or duration of the course. In addition, he has the right to withdraw from the contract in special cases (e.g. illness of the instructor or lecturer, insufficient number of participants, etc.). In such a situation, the price paid for the course is reimbursed in proportion to the number of course classes conducted, and the Principal / Participant is not entitled to demand a double deposit.

4. The Organiser reserves the right to change related details with the course up to 3 days before the course starts.

The changes may concern: the place of the course; start and / or end time of the course; instructor or lecturer conducting the classes.

Changes cannot concern: the type and program of the course; number of hours and price of the course.

Informing the Principal / Participant of the cited changes in this paragraph may not be a reason for resignation from the course.

5. The Organiser reserves the right to cancel or interrupt the course during its duration, when there is a threat to the health or life of the Participants caused by force majeure. Force majeure is an external event, impossible (or almost impossible) to foresee, the consequences of which cannot be prevented, preventing the fulfilment of contractual obligations, which could not be foreseen at the time of enrolment for a given course. Sect. 3 shall apply accordingly.

6. The Principal who is an Independent Trader (przedsiębiorców) has the right to resign from the course after receiving confirmation of acceptance of the application and participation in the course. and making a deposit, but no later than 14 days before the starting date of the course. The down payment is not refundable.

7. Pursuant to the provisions of Art. 27 of the Act of 30 May 2014 on consumer rights, the Participant and the Principal who is a consumer have the right to withdraw from the contract within 14 days from the date of its conclusion without giving any reason, by submitting a declaration of withdrawal to the Organiser. In the event of withdrawal, the contract is considered void.

8. A participant who is a consumer has the right to a full refund of the course price paid, except when the course starts within 14 days from the conclusion of the contract.

9. If the course started within 14 days from the conclusion of the contract, in the event of withdrawal from the contract, the Participant receives a refund of the course price reduced by a proportional amount for the classes that have already taken place.

10. The reimbursement of the amounts due to withdrawal from the contract will take place no later than within 14 calendar days from the date of receipt of the statement.

11. In the case of Participants – consumers (konsumentów) , the Organiser considers complaints under the warranty within 14 days from the date of its receipt, notifying about the further procedure. The Organiser’s failure to respond to the complaint submitted by the Participant – within 14 days from the date of its receipt, is tantamount to accepting the request as justified.

12. The participant may be removed from the list of course participants by the Organiser without reimbursement of the cost of participation in the course in the following situations:

• Attending the course under the influence of alcohol or other intoxicants,

• Recording, filming and photographing classes and materials without the consent of the Instructor, lecturer or Organiser,

• Aggressive or inappropriate behaviour towards the instructor, lecturer or other Participants,

• Any other behaviour that threatens safety, life and health and comfortable for course participants,

• Occurrence of health contraindications preventing direct contact with the instructor or lecturer.

§ 6

THE COURSE IS DIVIDED INTO PARTS

1. In the case of courses divided into parts, the conclusion of the contract for its first part is tantamount to the purchase of the entire course.

2. The price of the course divided into parts is payable in instalments:

• PLN 500 deposit – necessary to book a place, payment deadline 5 days from receiving acceptance of participation, which means the conclusion of the contract,

• the remaining amount of the first part of the course (price reduced by the down payment) – payable no later than 14 days before the start of the first part of the course.

3. The full amount of the second and each subsequent part of the course is payable no later than 14 days before the date of the second and each subsequent part of the course.

§ 7

PERSONAL DATA PROTECTION

1. The Principal / Participant agrees to the processing of the personal data provided by the Organiser to the extent necessary for the performance of the contract for the provision of exchange rate services, and the Organiser undertakes to protect the provided personal data on the terms set out in separate regulations. The course participant acknowledges the processing of his / her personal data provided in the application form under the “Sign Up” tab. Data is collecting and processed by the course Organiser. Providing data is voluntary, however, it is necessary for the conclusion and performance of the contract. The Organiser does not disclose the collected personal data belonging to the Principals / Participants to third parties, unless it is an entity providing services to the Organiser, and the Organiser has obliged this entity to ensure the protection of the data provided. and the provision of this data is necessary for the full performance of the contract for the Principal / Participant.

2. The Organiser declares that the personal data of the Principal / Participant are transferred outside the EEA. The data is transferred to: IPOE Ltd Registered in England and Wales, Company No. 12996403, 20-22 Wenlock Road, London N1 7GU, United Kingdom, only in connection with the performance of the contract and the provision of exchange rate services.

3. All personal data provided by the Principal / Participant (incl. in particular: name and surname, address, PESEL number, telephone number, address e – mail) are treated as highly confidential information and are used solely for the purpose of communication between the Parties and for the performance of the contract. Upon conclusion of the contract, the Participant will be informed about the purpose, scope and method of data processing and about other rights resulting from Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (general regulation on data protection) (OJ EU L 119, p. 1) – GDPR.

4. The participant has the right to: request access to their personal data, rectification, deletion, processing restrictions, objecting to processing, and data transfer. The participant has the right to withdraw consent at any time, without affecting the lawfulness of the processing that was carried out before its withdrawal. The participant was informed that he may lodge a complaint with the President of the Office for Personal Data Protection.

§ 8

PARTICIPANT’S IMAGE

1. The Organiser reserves the right to photograph and film the course.

2. Participation in the course is tantamount to transferring the copyright to the recordings and photos to the Organiser and consenting to their commercial use in the event that the Participant is filmed or photographed as part of the course participation. The Organiser has the right to place videos and photos containing the Participant’s image, in particular in advertising materials and social media.

§ 9

LIABILITY OF THE PARTIES

1. The participant is financially responsible for any damage caused by him during the course due to his own fault and obliged to cover the losses within 14 days of their causing.

2. The participant is personally responsible for any damages caused during the course including damage to the health of another participant and third parties.

3. The Organiser ensures that the courses are organised with the utmost diligence. The Organiser, however, does not bear any responsibility for the course results and the knowledge and skills acquired by the Participant.

4. The Organiser does not consent to the lecture being photographed and filmed and the practical part of the course, unless the course instructor or lecturer decides otherwise.

5. All educational materials provided by the Organiser to Participants are the property of the Organiser and are protected by copyright, subject to paragraph 6.

6. If the Organiser is not the owner of the educational materials provided to the Participants, the Organiser declares that he will have the legal title to use these materials (eg a license).

§ 10

COVID-19 REGULATIONS

1. Courses taking place in the period of epidemic threat are held on the basis of the provisions of these regulations, maintaining the separateness set out in the provisions of this paragraph.

2. The participant is obliged to comply with the sanitary requirements specified by the generally applicable regulations and / or guidelines communicated to him by the Organiser before the course starts.

3. The course participant has the right to resign from the course due to illness or staying in quarantine. Such a circumstance should be documented, under pain of recognizing the cause as not proven.

4. The Organiser waives its responsibility towards the Participant for the penalties / fines imposed on him, resulting from non-compliance with sanitary regimes defined by generally applicable regulations and / or the guidelines communicated by the Organiser before the course starts.

§ 11

GENERAL PROVISIONS

1. The Organiser reserves the right to unilaterally amend the regulations. Information about changes in the regulations will always appear on the website https://ipoe-osteopathy.com/

2. In matters not covered by the regulations, the provisions of law shall apply, in particular the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights.

3. All disputes, the parties undertake to settle in a friendly way negotiation.

4. Any disputes between the Organiser and the Principal / Participant who is a consumer shall be resolved by the competent common court, in accordance with the provisions of the Code of Civil Procedure.

5. Any disputes between the Organiser and a Participant who is not a consumer shall be resolved by the competent court having jurisdiction over the Organiser’s seat.