Ofertą Publiczną

BUKI TERMS & CONDITIONS FOR STUDENT

Nowa oferta obowiązuje od 5 listopada 2020 r.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING BUKI SERVICES, YOU AGREE TO BE BOUND BY (1) THESE TERMS OF USE AND (2) PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE BUKI SERVICES. THE TITLES CONTAINED IN THESE TERMS OF USE ARE INTENDED FOR REFERENCE PURPOSES ONLY.

DEFINITIONS.

Acceptance - full and unconditional agreement with all the provisions of these Rules and its annexes (if any) without reservations and exceptions by ticking the appropriate box when submitting the Request. Acceptance is also considered as the use of the Services, including, but not limited to, creating an Account, responding to the Request, applying for a Potential Request, publishing a blog or taking any other action using the functionality of the Site, including after making any what changes to these Terms and / or appendices to them (if any).

Request - a message left by the Student through the functionality of the Site to the selected Tutor regarding the possibility of receiving private individual / group classes in a particular subject or receiving related services of the Tutor (translation, consultation, etc.).

Catalog - a list of Tutors on the website, who are ready to provide services to students following the required parameters, which is formed by a hierarchical structure based on the rating score.

Messenger - is an instant messaging system integrated with the Website for communication between the Student, the Tutor and the Company.

Potential request - Student's request, which can be answered by the Tutors not previously selected by the Student, who are suitable according to the parameters set in it.

Tutor - Any person who has accepted the terms of this Policy and has created a Tutor Account on the website.

Student - any person who has accepted the terms of the Buki Terms & Conditions for Student and created a Student Account on the Site.

Account ( "Account" ) - a stored set of data about the user of the Site, necessary for its recognition (authentication), as well as the web interface provided to the user to use the Site and provide access to his personal data and settings.

The site is the official website of Upskills OU on the Internet, which is accessed using a domain name (address): [ https://buki.org.pl ].

GENERAL PROVISIONS.

2.1. Parties to the Rules.

These Buki Terms & Conditions for Student (the “Rules”) govern the contractual relationship between Student and Upskills OU (including subsidiaries, affiliates, agents and representatives) (Upskills OU, Buki or the Company ) regarding the use of Upskills OU Information Services. (“Services”) in accordance with paragraph 3.1. of these Rules, which are offered through the Site.
UpSkills OÜ, Tornimäe tn, 5, Kesklinna linnaosa, Tallinn, 10145, Estonia

2.2. Acceptance of the Rules.

By using the Services, the Student confirms that he or she is fully acquainted with the terms of these Rules and accepts them. If the Student does not agree with the provisions of these Rules in whole or in part, the Student must not visit the Site and use the Buki Services.

2.3. Changes to these Rules.

In order to improve the quality of Buki Services and to comply with legal requirements and respond to changing market conditions, these Rules may be amended by the Company unilaterally. The new version of the Rules comes into force from the moment of its placement on the Internet on the page at the address: [https://buki.org.pl/ofert-publiczn/]. In this case, the Company undertakes to notify the Student of changes by posting a notice on the Site or by sending a notice via the e-mail address at least fifteen (15) calendar days in advance during which the Student has the right to agree or disagree with the changes. The period of such notice may be extended at the discretion of the Company, in the event of significant changes, or reduced if such changes are required by national law. Use of the Services after any changes and additions to these Rules means consent to such changes and / or additions.

IF THE STUDENT REFUSES TO ACCEPT THE CHANGES TO THE RULES, THE STUDENT SHOULD NOT VISIT THE SITE AND USE THE BUKI SERVICES. THE STUDENT UNDERTAKES TO DELETE HIS ACCOUNT AND TERMINATE USE OF THE SITE.

USE OF BUKI SERVICES.

3.1. Buki services.

The Company provides the Student with the opportunity to register an Account in order to be able to use all the Services in the manner and under the conditions specified in these Rules. Upon completion of the authentication process, the user acquires the status of a Student and gets access to the use of the following Services:

send Request to the Tutor;
make changes to the Request;
use Messenger;
write feedback about the Tutor;
receive the selection of a Tutor by the Company.

UPSKILLS OU ACTS EXCLUSIVELY AS AN INFORMATION PLATFORM PROVIDING THE SERVICES LISTED IN THIS SECTION. THE COMPANY DOES NOT PARTICIPATE IN THE PROVISION OF TUTORIAL SERVICES. THE SERVICES ARE CONSIDERED TO BE PROVIDED BY THE COMPANY AS ONLY THE STUDENT AND THE TUTOR EXCHANGED CONTACT INFORMATION. ANY OTHER SERVICES ARE PROVIDED TO THE STUDENT ON THE BASIS OF A SEPARATE SERVICE AGREEMENT (IF NECESSARY), CONCLUDED BETWEEN THE MEMBER. THE COMPANY IS NOT A PARTY OF SUCH AGREEMENTS, AND THEREFORE IS NOT RESPONSIBLE FOR THE FURTHER PROVISION OF SERVICES BY THE TUTOR. ANY PAYMENT FOR TUTORIAL SERVICES IS MADE EXCLUSIVELY BETWEEN THE TUTOR AND THE STUDENT AND IS NOT PROVIDED FOR BY THE FUNCTIONAL OF THE WEBSITE.

IN THE PROCESS OF CONCLUDING AND PERFORMING SUCH CONTRACTS, UPSKILLS OU DOES NOT ACT AS AN AGENT OR EMPLOYEE OF A STUDENT OR TUTOR AND DOES NOT HAVE THE POWER OF AUTHORITY.

3.2. Student account.

To register an Account, a Student must reach the age of sixteen (16). The student acknowledges and guarantees that he has all the appropriate rights, powers and opportunities to conclude and comply with the terms of these Rules.

Registration of a Student Account is free and voluntary. The student creates an Account by filling out the Application. At the end of the Application, the Student ticks the appropriate box, which gives his consent to the creation of the Account. Failure to tick the box means that there is no Account and, as a result, the ability to use the Buki Services. To create an account a student must provide accurate and relevant information, which includes name, username, password, and unique for each student email address to confirm activation which comes to that address. After filling in the form, the Company sends the Student a link to confirm the activation of the Account by e-mail and / or Viber. The student has the right to terminate the cooperation unilaterally at any time and delete his Account.

Students are not allowed to create two or more Accounts. If it was discovered that one Student tor has two or more Accounts, the Company may, in its sole discretion, block or delete all or some of the Accounts.

The student is obliged to immediately notify the Company of any cases of unauthorized access (suspicion of unauthorized access) to the Account. The student is solely responsible for all actions taken on the Site using the Account. All actions performed on the Site using the Account are considered to have been made by the Student, except when the Student has notified the Company of unauthorized access (suspicion of unauthorized access) to his Account.

3.3. Request.

The student contacts the Tutor by sending a Request stating the subject of services, level of training, place of classes, frequency and duration of classes, description of the requested service and other wishes, as well as their contact details for feedback. Shortly, the selected Tutor will contact the Student by phone, e-mail or via Messenger to clarify the details of the services required in the Request. A further provision of services by the Tutor takes place outside the Site.

3.4. Potential request.

If the Student does not receive a response from the selected Tutor, the Request becomes a Potential Request, which allows other Tutors that meet the parameters previously set by the Student, to respond to it. The Tutor with the highest rating is appointed to provide services to the Student. The student has the right to agree or refuse to receive services from the Tutor.

3.5. Messenger.

After registering the Account, the Student gets access to the Messenger, which allows the Student, the Tutor and the Company to communicate with each other. The Messenger can be used after the Tutor has responded to the Student's Request or has expressed a desire to respond to the Potential Request to provide their services to the Student.

THE COMPANY DOES NOT MODERATE AND DOES NOT HAVE AN EDITORIAL CONTROL OVER THE MESSAGE CONTENT, AND THEREFORE IS NOT RESPONSIBLE FOR THE CONTENT OF SENT MESSAGES.

A TUTOR MAY CONTACT A STUDENT OUTSIDE THIS SITE BY TELEPHONE, E-MAIL. THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT AND CONSEQUENCES OF THE COMMUNICATION BETWEEN THE STUDENT AND THE TUTOR, WHICH TAKES PLACE OUTSIDE THE SITE.

3.6. Tutor content.

The company has the right to moderate and use editorial control over the content of information posted on the Site.

THE COMPANY HAS THE DISCRETION TO STORE, TEMPORARILY PROHIBIT OR REMOVE ANY REPORTS, ARTICLES, COMMENTS, WHICH CAN VIOLATE THESE REGULATIONS, MAY BE ILLEGAL OR MAY VIOLATE THE RIGHTS OF OTHER USERS, HARM, OR CREATE SECURITY THREATS TO OTHER USERS, THIRD PERSONS.

THE INFORMATION PRESENTED ON THE SITE IS FOR INFORMATIVE PURPOSES ONLY. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES REGARDING ITS COMPLETENESS, TIMELINESS OR ACCURACY. THE INFORMATION PRESENTED ON THE SITE DOES NOT REFLECT THE VIEW OF THE COMPANY, EXCEPT IN CASES WHEN THE COMPANY EXPRESSLY INDICATES IT. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF INFORMATION PROVIDED BY TUTORS.

3.7. Feedback system.

Buki encourages Students to provide feedback on the classes with a Tutor to whom the Request has been submitted. Students can leave feedback on their own or with the help of a Company. The Company will publish feedback based on information provided by the Student. Student’s feedback is visible and is published on the Site within a reasonable time. The review must NOT include the following:

vulgarities, obscene and pornographic content, or content that incites hatred, racism, xenophobia and ethnic conflicts;
content that infringes the rights of third parties, including intellectual property rights, personal rights, including the reputation of other Students and Tutors or third parties;
content that is the result of an agreement with other Students or Tutors or third parties to provide a grade or feedback;
content that is erroneous, defamatory or a manifestation of unfair competition; and
any other content that, in the opinion of the Company, violates the terms of these Rules, Privacy and Data Protection Policy or the requirements of applicable law.

IN THE EVENT OF VIOLATION OF THESE TERMS BY THE STUDENT, UPSKILLS OU RESERVES THE RIGHT TO CHANGE OR NOT PUBLISH THE APPROPRIATE REVIEW.

3.8. Notification.

The student may receive marketing notifications, including, but not limited to, available Tutors that meet the specified parameters, as well as system notifications from the Company related to the use of the Buki Services. If the Student does not wish to receive marketing notifications, the Company grants the Student the right to refuse such notifications through the appropriate settings directly in the letters. The student has no right to refuse to receive system notifications.

3.9. Restrictions on the use of Buki Services.

In case of violation of the use of the Buki Services or any conditions of the Rules or other documents governing the legal relationship between the Student and the Company, the Company has the right to restrict the use of the Services by deleting the Student Account.

In the event of deletion of the Account, the Company is obliged to notify the Student of the fact and reasons for imposing such restriction at least thirty (30) calendar days before blocking, if such violation occurs for the first time, or at the time of imposition of restriction on the use of Buki Services. Rules.

The Company is obliged to inform about the content of the complaint of the user of the Site if the restriction in the use of Buki Services was imposed for this reason.

The Student may provide the Company with evidence of the elimination of the reason for the restriction on the use of the Buki Services, on the basis of which the Company reserves the right to unlock or renew the Account.

RIGHTS AND OBLIGATIONS OF THE PARTIES.

The student has the right to:

use the Buki Services in accordance with the terms of these Rules;
provide the Company with their wishes and / or suggestions for improving the provision of Services;
contact the administration of the Site if necessary.

The student undertakes:

independently draw up their contractual relationship with the Tutor chosen by them by concluding an agreement that regulates the procedure and conditions for the provision of services by this Tutor (if necessary) and properly perform such an agreement;
use the Buki Services in good faith, do not take any actions, including the use of software, aimed at disrupting the normal operation of the Site;
refrain from attempting unauthorized access to the Site, intellectual property objects located on it, as well as from carrying out any other actions that violate the rights of the Company or third parties;
use the Site only for lawful purposes, comply with the current legislation of the Republic of Poland, without violating the rights and legitimate interests of Upskills OU;
not to take actions aimed at destabilizing the work of the Site, attempting unauthorized access to the Site, as well as to take any other actions that violate the rights of Upskills OU and / or third parties;
not to access certain functions of the Site using another Student's Account by hacking, password selection or other illegal means;
not to download, send, transmit or otherwise post and / or distribute content that is illegal, harmful, or that violates morality, demonstrates or promotes violence, cruelty, infringes intellectual property rights, promotes hatred and / or discrimination, insults any person or organization or otherwise violates the law;
not to carry out illegal collection and processing of personal data;
use this Site in good faith and enter into legal relations with the Tutor;
comply with the terms of these Rules, the Privacy and Data Protection Policy and the legislation of the Republic of Poland.

The company has the right to:

at its own discretion to set restrictions on the use of the Site by the Student in accordance with the terms of these Rules;
change the terms of these Rules;
send messages to the Student in accordance with the marketing policy described in the Privacy and Data Protection Policy;
suspend access to the Site in case of technical malfunctions.

The company undertakes:

register the Student on the Site, as well as provide free of charge access to the Account, which contains the relevant sections with information about the services provided by the Tutor;
notify of any changes to these Rules by posting a notice on the Site, where the Student has the right to agree or disagree with the changes, or by sending a notice to the e-mail address of the Student at least fifteen (15) calendar days before posting these changes on the Site, if the shorter term does not apply in case of changes in national legislation;
provide the opportunity to use the Site in the manner prescribed by these Rules.

DISCLAIMER OF WARRANTIES.

Access to Upskills OU Services is provided on an "AS IS" basis. The Company does not bear any responsibility for the compliance of the Site with the goals of the Student.

Upskills OU does not warrant that:

The site meets or will meet the requirements and expectations of the Student;
Services will be provided continuously, quickly, reliably and without errors;
The quality of any Service, Tutor service, information, etc., obtained using the Site, will meet the expectations of the Student;
The site does not contain any viruses, errors, omissions, interruptions, deletions, other defects;
All users have reached the minimum age.

UPSKILLS OU DOES NOT WARRANT THE QUALITY, SUITABILITY, SAFETY OR AVAILABILITY OF TUTORIAL SERVICES. THE STUDENT AGREES TO THE RISKS ARISING IN CONNECTION WITH THE USE OF TUTORIAL SERVICES TO THE MAXIMUM MEASURE WHICH IS PROVIDED BY APPLICABLE LAW.

LIMITATION OF LIABILITY.

The Company is not liable to the Student or any third parties:

for the actions of the Student or Tutor on the Site;
for the content and legality, reliability of information used / received by the Student;
for any errors, omissions, interruptions, defects and delays in data processing or transmission, communication line failures, destruction of any equipment, illegal access of third parties to the Site, which caused the restriction of the Student's access to the Site. Upskills OU takes all necessary measures to eliminate any malfunctions of the Site as soon as possible, but does not guarantee the absence of failures and errors. In this case, the Company cannot guarantee the retention of data;
for any costs or losses, directly or indirectly incurred by the Student as a result of the provision of services by the Tutor to the Student. Upskills OU is under no circumstances liable to the Student or third parties for any indirect damages, including lost profits;
for the quality and timing of services provided by the Tutor outside the Site;
for any direct and / or indirect damages, including lost profits or lost data, damage to honor, dignity or business reputation incurred in connection with the use of the Site, or inability to use it, or unauthorized access to the Student's communications by third parties;
for the use of the Buki Services as Students by persons under the age of sixteen (16) and as Tutors by persons under the age of eighteen (18);
for posting any content on the Site.

The Company cannot and does not control the Student's compliance with the Terms of these Rules and the Tutor’s compliance with the Terms of Rules for Tutors and is not liable for damages to users or third parties if the Student violates these Rules and the Tutor's Buki Tutor Rules or Polish law.

Upskills OU disclaims any responsibility for the actions or omissions of other users (including unauthorized users) arising out of the use of the Site or in any other way.

Any information and materials that the Student receives using the Site, the Student uses at his own risk and is solely responsible for the possible consequences of using this information and / or materials. Other users may receive personal information about the Student in connection with the use of the Buki Services. The Company is not responsible for the use of any personal information disclosed on the Site by the Student.

The Student understands that Upskills OU does not bear any responsibility for non-provision of services by the Student Tutor, as such relations are outside the scope of the Company. Only in case of violation of the terms of the Rules of use of Buki services by the tutor Upskills OU has the right to restrict the Tutor in the use of Buki Services, in the manner and under the terms of this document.

Under no circumstances should Upskills OU's total liability to the Student in connection with the use of the Buki Site or Services exceed the [ insert amount ] [ enter currency ].

The limitations of liability provided for in this Section and the disclaimer provided for in Section 5 of these Rules do not limit the liability or change the rights of the Student, which may not be limited in accordance with applicable law.

SETTLEMENT OF DISPUTES

7.1. Dispute with Upskills OU.

If the Student has any questions to the Company regarding these Rules or certain contradictions, claims, disputes (“Disputes”) that significantly affect the receipt of Upskills OU Services, the Student must first notify the Company of the nature of such Dispute. The Student and the Company are obliged to make every reasonable effort to resolve such Disputes through negotiations.

7.2. Trial.

All disputes arising out of or in connection with these Rules and which cannot be settled through negotiations must be considered by the relevant courts of theRepublic of Poland. Polish law applies to the settlement of disputes.

7.3. Dispute between users.

In the event of any Dispute between the Student and the Tutor or another user including, but not limited to, the Provider's provision of services to the Student or their payment, such Dispute is resolved independently between the parties to the Dispute without the involvement of the Company.

7.4. Limitation.

If Upskills OU is sued by third parties in connection with the provision of Services by the Company through the fault of the Student, the latter undertakes to settle such claims with its own and at its own expense with third parties, protecting the Company from possible disputes, damages and damages.

OTHER PROVISIONS.

8.1. Text of the Rules.

Any rules, policies and notices that are related to and may arise under the terms of these Rules and posted on the Site are an integral part of the Rules. The text of these Rules is open and publicly available. These Rules are concluded for an indefinite period and apply to Students who access the Site and use the Upskills OU Services from the date of such access and use.

If any of the conditions or provisions of these Rules are declared invalid by a court or authority of the competent territorial and instance jurisdiction, it does not lead to the invalidity of any other provisions of the Rules.

8.2. Intellectual Property.

All content, design, graphics, combinations, translation, digital conversion and other materials related to the Buki Services are protected under applicable copyright, trademark and property laws (including but not limited to intellectual property rights) and are owned by the Company and (or) its affiliates. Copying, redistributing, redistributing or publishing any part of the Site, unless expressly provided by these Rules, is strictly prohibited. Use of the Buki Services does not grant intellectual property rights to content, documents or other materials that can be accessed. The posting of information or materials on the Site does not constitute a waiver of any rights to such information or materials.

THE COMPANY SINGLE AND CONSTANTLY OWNS ALL RIGHTS AND OTHER TITLES TO THE INFORMATION POSTED ON THE SITE. THE COMPANY MAY DISTRIBUTE, LICENSE, SUBLICENSE, MARKET, PROMOTE, DISPLAY OR OTHERWISE USE ALL RIGHTS TO SUCH INFORMATION THROUGHOUT THE WORLD, IN DIFFERENT LANGUAGES, IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA (AS KNOWN AT THE MOMENT, AND SUCH THAT WILL BE DEVELOPED IN THE FUTURE) WITHOUT ANY ADDITIONAL OBLIGATIONS OR PAYMENT OF REMUNERATION.

8.3. Processing of personal data.

In the process of using the Site, the Student may provide the Company with his personal data.

The company can send messages and exchange information in various ways, such as Request or Potential Request. Therefore, other users can obtain information about the Student. The Company is not responsible for the use of any personal information that may be disclosed through an Account on the Site. The student must place it carefully.

The Student understands that the collection and use of the Student's personal data in connection with the use of the Upskills OU Services is governed by the Privacy and Privacy Policy.

8.4. Third Party Websites.

The Site may contain hyperlinks to other websites on the Internet (third party websites). These third-party websites and their content are not checked by the Company for compliance with certain requirements (authenticity, completeness, legality, etc.). The Company is not responsible for any information, materials posted on third party websites to which the Student accesses using the Site, including any opinions or statements posted on third party websites, advertising, etc. , as well as for the availability of such websites or the consequences of their use by the Student.