TERMS AND CONDITIONS OF USE OF NAVOICA PLATFORM
NAVOICA is the name of the educational platform available as an on-line service, where entities meeting the substantive and formal criteria set out in this document can post courses, and authorised users can use the courses free of charge. The courses are published and managed free of charge by any entity whose course will be approved for publication on the platform once the criteria provided for in these Terms and Conditions have been met and agreements authorising the publication of the course on the platform have been concluded.
The Terms and Conditions of using NAVOICA educational platform as an ICT solution providing services by electronic means are set out in this document. This document contains provisions which relate to the scope of services and functionalities provided by electronic means, the website, the user interface, the content presented, as well as the software used on the platform. These terms and conditions do not refer to the mode and conditions of using the courses or the content of the courses, which are subject to terms and conditions defined separately by the entities authorized to publish courses on NAVOICA platform.
GLOSSARY OF TERMS USED IN THIS DOCUMENT
- Email address
- an identifier in the electronic mail system that facilitates communication by electronic means;
- Registration Form
- an on-line form filled in by a natural person in order to create an Account enabling the User to use the services assigned to the given Account and provided through NAVOICA Education Platform;
- a sequence of characters allowing the User to access the Account;
- Service Information
- any information intended to promote the Service and/or the Platform, directly or indirectly, by means of electronic communication with the User;
- Course Provider
- an entity that places and runs the Course on the Platform;
- a collection of resources and settings created for the User, available through the Platform, enabling him/her to use the currently available functionalities and relevant Services after logging in;
- a MOOC course, meeting the conditions set out in the Guidelines, aimed at improving the competences and qualifications of Course Participants, placed and published on the Platform by the Course Provider after obtaining the approval for publication by the Operator;
- the National Information Processing Institute - National Research Institute (OPI PIB) with its seat in Warsaw, al. Niepodległości 188b, entered in the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under No. 0000127372, Tax Identification Number (NIP) 525 - 000 - 91 - 40, statistical number (REGON) 006746090;
- an online educational platform called NAVOICA, through which the Services and Courses are provided, available at the following URL https://navoica.pl;
- Terms and Conditions
- this document, under the full title TERMS AND CONDITIONS OF USE OF NAVOICA PLATFORM setting out the terms and conditions of use of NAVOICA Platform;
- Regulation (EU) 2016/679 of the European Parliament and of the Council 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;
- services provided through the Platform for Educational Entities and Participants as defined in detail in Chapter 3 point 2 hereof;
- a user who uses the Course made available on the Course Platform in accordance with the terms specified in these Terms and Conditions as well as the conditions set out by the relevant Educational Entities for particular courses;
- every natural person who has an Account on the Platform;
- a document specifying the content-related, didactic and technical conditions for the courses published on the Platform;
- These Terms and Conditions define the principles of use by Educational Entities and Users of the Services available on NAVOICA educational platform, the conditions of the provision of such Services by the Operator, and the scope of laibility of particular stakeholders.
- These Terms and Conditions are made available continuously on the Platform under the full title "Terms and Conditions of Use of NAVOICA Platform" and in a way that allows any person to obtain, play and record their content.
- The Operator reserves the right to change the content of the Terms and Conditions with respect to the Services provided by the Operator, or the conditions of Service provision.
- The Operator reserves the right to determine detailed conditions of use of the Services provided by the Operator, in separate regulations or annexes, in accordance with Chapter 3 point 2 hereof.
- Before using the Services of NAVOICA Platform, every User of the Platform is obliged to read these Terms and Conditions. The use of the Services is only possible if the User has accepted these Terms and Conditions. In the case of Educational Entities, the use of Services dedicated to them is possible after concluding an additional agreement with the Operator in written or electronic form.
- By using the Platform in any way, the Course Provider or the Participant confirm that they have read and understood the content of the Terms and Conditions, and that they undertake to comply with the provisions in these Terms and Conditions.
- The Operator shall be responsible for the provision of Services to Educational Entities and Participants.
- In the case of services provided via the Platform through links to the websites of external service providers, the terms and conditions of the provision of such services are determined by the relevant terms and conditions set out by the relevant service providers. The Operator is not liable for the services provided by these external service providers. The provisions of this section also apply to the Courses.
- These Terms and Conditions also constitute, in relation to the Users of the Platform, an agreement between the Operator and the Users of the Platform (Participants, Educational Entities) concluded under the conditions set out in these Terms and Conditions, the subject of which is the provision of services by electronic means, within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2019, item 123, as amended).
- In matters not regulated by these Terms and Conditions, the applicable provisions of Polish law shall apply and any disputes shall be resolved by Polish courts having jurisdiction over the Operator's registered office.
TECHNICAL CONDITIONS AND REQUIREMENTS
- The following online tools are made available on the Platform:
- The use of particular tools requires a User Account to be created during the registration process specified in these Terms and Conditions.
- The substantive (content-related), didactic and technical conditions for the Courses are specified in the Guidelines.
- It is a technical requirement for Users of the Platform and/or the Services to have a computer or a mobile device such as a laptop, tablet or smartphone with access to the Internet and an installed Internet browser as indicated in point 5 below, and an e-mail address on any server.
The use of the Platform or the Services is possible if the following technical requirements are met:
- browsers: Edge 43 or above, Google Chrome 70 or above, Mozilla Firefox 61 or above, Safari 12 or above, Opera 56 or above;
- Cookies and Local Storage are enabled;
- The mobile devices that use the Platform or Services must have an active Internet connection.
- The use of the Platform or its Services is associated with the standard risks associated with the use of the Internet, so we recommend that Users take appropriate steps to minimize these risks, in particular, the use of appropriate security measures for the IT devices on which Users use the Platform or its Services, safekeeping of login and password data, and the use of antivirus software as well as up-to-date versions web browsers.
SCOPE OF SERVICES
- The Services provided by the Operator to Educational Units or Participants are performed in accordance with these Terms and Conditions and to the extent specified herein.
The Services provided by the Operator include:
- handling the process of verification of the conditions to be met prior to Course publication on NAVOICA platform,
- collecting the data necessary to configure the Course prior to publication on the Platform,
- publishing information about the Platform’s current course offer,
- making the Courses available in such a way that the Participant who meets the technical conditions specified in the Terms and Conditions can register for the Course and use its content in a place and time of their choosing,
- providing an IT environment enabling the creation and edition of any courses (a tool indicated in Chapter II, paragraph 1, points 2 and 3),
- providing an IT environment to enable the Course Provider to run the Course approved for publication and manage its Participants (tool indicated in Chapter II, paragraph 1, point 1),
- handling requests, comments and methodological inconsistencies,
- evaluation of the Courses,
- administration of User data,
- provision and maintenance of the information and communication environment necessary for the functioning of the Platform,
- maintaining the functioning of the Platform (and its tools) for the sake of the Services provided,
- maintaining the Platform in a configuration enabling the publication of the Course,
- technical support for the tools available on the Platform and referred to in Chapter II, point 1,
- handling enquiries, complaints and technical reservations,
- managing the registration process and User accounts,
- maintaining databases in the acquired configurations,
- maintaining the Courses in the configurations published on the Platform.
- The Services referred to in paragraph 2 points 1), 2), 5), 6), 7), 8), 9), 12), 13) are provided exclusively to Educational Entities.
- The Operator shall be entitled to delegate the performance of a part of the Services specified in paragraph 2 to another entity acting in the name and on behalf of the Operator. If this is the case, the Operator shall publish information on the Platform’s website about the entity designated for this purpose and indicate the scope of services provided by the entity.
- Each entity wishing to use the Services shall have an active Account. Account creation is implemented in the registration process by filling in the Registration Form where the User provides obligatory data, and by reading and accepting the Platform’s Terms and Conditions and the Code of Honour. Educational Entities may require additional forms of registration and Course access. In particular, they may demand additional data from Participants or specify the terms and conditions of participation in the Courses they run, about which they shall inform the Participants during the registration process for the relevant Course.
- The process of registration for NAVOICA Platform consists in filling in and submitting the form available at the following address: https://navoica.pl/register.
By submitting the Registration Form, the person who has filled in the Form declares that:
- the data provided in the Form are complete and correct,
- the person has full legal capacity,
- if the person acts on behalf of a Course Provider, the person is authorised to represent the Provider, make declarations of intent on its behalf, and perform the activities necessary to use the Platform’s Services,
- the data provided do not infringe any rights of third parties.
- The Operator, upon receipt of a correctly completed Registration Form and acceptance of the Terms and Conditions, shall create a unique Account for the User with an identifier which is the e-mail address provided by the User and the User’s user name.
- The e-mail address is linked to the Account and constitutes the required form of identification of the User; it is used for all correspondence related to the provision of the Services, which the User has agreed to.
- The Operator may refuse to create an Account with a specific name if it is already being used by another User or if the Operator has received reliable information that the name violates the law, good morals, personal rights or legitimate interests of any third party.
- The User can access his/her Account using his e-mail address and password. The User is obliged not to disclose the Password to any unauthorized person on his/her behalf and is solely responsible for damages caused by such disclosure.
- The User can only have one Account on the Platform.
CONCLUSION AND TERMINATION OF THE CONTRACT
- An agreement with the User concerning the use of NAVOICA Platform’s Services (services provided electronically) shall be concluded upon the User’s acceptance of these Terms and Conditions. In the case of Educational Entities, it is additionally required to conclude an agreement specifying the conditions for the provision of advisory and technical services, including the conditions for publishing Courses on the Platform by the Operator. Such an additional agreement requires written form for its validity. Additionally, Educational Entities are obliged to conclude an agreement on entrusting the processing of personal data with the Operator before the publication of approved Courses on the platform.
- The Operator is a party to the agreement for the use of NAVOICA Platform’s Services (hereinafter: the Agreement).
- By concluding the Agreement, the User declares that s/he has read and understood the Terms and Conditions and that s/he accepts their provisions in full. Conclusion of the Agreement is voluntary.
- The Agreement with the User is concluded for an indefinite period.
- The User may terminate the Agreement at any time by submitting a termination declaration to the e-mail address email@example.com or by post sent to the registered office of the Operator. The effect of the termination of the Agreement is the deletion of the User’s Account leading to lack of access to the Services.
The Operator has the right to: terminate the Agreement or block the User’s Account in the following cases:
- changes in the applicable laws or the Operator’s statutory activity,
- obtaining reasonable information that the User uses the Services in a manner which violates the law, good morals, personal rights of third parties or legitimate interests of the Operator,
- publication by the Course Provider of content inconsistent with the Terms and Conditions or the Agreement, as referred to in paragraph 1, sentence two,
- recognition of an objection raised on grounds related to the specific situation of the User, in accordance with Article 21 of the GDPR,
- non-acceptance of amendments to these Terms and Conditions,
- termination the agreement as referred to in the second sentence of paragraph 1 – if the User acts on behalf of the Course Provider and has an Account for this purpose.
- The Operator shall inform the User about the termination of the Agreement within 72 hours (at the latest) of the occurrence of circumstances justifying the termination of the Agreement, by sending the relevant notification to the User's e-mail address provided during the Account registration process. The termination of the Agreement shall take place within 14 days from the date of sending the notification.
CONDITIONS OF USE OF THE SERVICES
- Use of the Services is voluntary.
- In order to provide the Services efficiently, the User accepts the need to have a current, active e-mail address. This address is provided directly in the Registration Form and may be modified.
- The User shall be fully liable for any false statements and assurances made, and for the failure to fulfil the obligations arising from these Terms and Conditions.
- When using the data transfer tools made available through NAVOICA Platform, data should be entered only in the fields designed for this purpose. The fields may contain only the data for which they are designed.
- It is prohibited to make the Account available to third parties.
- No actions that may hinder or destabilise the operation of the Platform or Services are allowed.
In particular, the User is obliged:
- to refrain from any actions that might hinder or disrupt the NAVOICA Platform and refrain from using the Services in a way that would be disruptive for other Users,
- not to infringe authors’ copyrights and rights resulting from the registration of inventions, patents, trademarks, utility and industrial designs,
- refrain from any activities that may infringe privacy, in particular the collection, processing and dissemination of information about Service Users who are not Educational Entities without their express consent, unless it is permitted by law and the Terms and Conditions,
- not to use the Services for commercial purposes.
- The Operator has the right to publish the name and logo Course Provider Users as well as their website addresses on the Platform or in any materials promoting the Platform and the Services, provided that the names, logos and addresses do not violate principles of civility, generally applied industry standards, personal rights and the good name of Educational Entities.
- The Course Provider is obliged to ensure that the Courses published and presented on the Platform are in accordance with the Guidelines, compliant with legal regulations, complete, accurate and not misleading to their Participants. The Course Provider shall be fully liable for the content of the Courses and any errors and inaccuracies therein.
It is prohibited to publish Courses containing information that violates the law, including copyrights, property and personal rights, principles of civility, or information constituting an act of unfair competition. In particular, the Courses must not:
- violate human dignity,
- damage the reputation of any person or entity,
- violate applicable laws,
- contain offensive, pornographic or discriminatory content,
- violate the legally protected interests of the Operator, in particular their personal rights,
- mislead the Participant.
- In the case of obtaining information that the Course violates the provisions of points 10 or 11, the Operator has the right to immediately suspend the provision of the Service for the Course Provider in question, and pursue further rights provided in the Terms and Conditions.
RIGHTS AND OBLIGATIONS OF THE OPERATOR
- The Operator, as an entity authorized to maintain and manage the Platform as a public task, reserves the right to modify the Services and the manner of operation of NAVOICA Platform, including cessation of its activities, transfer of rights and undertake activities permitted by law in relation to the NAVOICA Platform, in particular if the modification of the Services, the manner of operation of the Platform or the need to cease its operation results from changes in the information technologies used to maintain and develop the Platform, or if it is caused by the need to ensure the security of the information processed on the Platform or results from legal regulations. The User is not entitled to any claims against the Operator on this ground.
- The Operator reserves the right to modify and/or delete the User's Account if the User’s actions are considered harmful to NAVOICA Platform or not compliant with the Terms and Conditions.
- The Operator reserves the right to publish Courses covering any scientific subject matter and scope of skills and competences, as well as varying degrees of difficulty, regardless of the Courses admitted to the Platform once the admission conditions are met. The Operator also has the right to remove all Courses from the NAVOICA Platform at any time or to modify them in justified cases.
The Operator reserves the right to:
- temporarily cease to provide the Services in whole or in part,
- temporarily suspend the provision of the Services in connection with maintenance or modernisation works,
- send the Users technical, legal and transactional messages related to the functioning of the Platform and/or the provision of Services, using the e-mail addresses of the Users,
- refuse to render the Services if the User has provided an incorrect, false or temporary e-mail address or data in the Registration Form,
- refuse to provide the Services if the User does not comply with the provisions of the Terms and Conditions,
- introduce any modification of the Services provided and the way NAVOICA Platform works,
- introduce any personalisation to the information sent to Users and any select any group of addressees.
- If false or outdated data are provided by the User, the Operator has the right to call on the User to remove the irregularities immediately.
- The Operator cannot guarantee a proper operation of NAVOICA Platform and/or Services in whole or in part where the Operator has no impact on the quality of the Service provided, e.g. due to services provided by Internet and IT service providers, etc.
- The Operator has the right to interfere with the Account in order to remove a disruption or problem in the functioning of the Account or NAVOICA Platform.
PAYMENTS FOR SERVICES
- The portal is not a not-for-profit endeavour.
- The use of the Services is free of charge.
- The User should be aware that the use of the Services through NAVOICA Platform will require a connection to the Internet and will involve data transmission costs, subject to the applicable service price lists and subscription plans of the Internet provider used by the User.
- The User shall be fully liable for any violation of the law or damage caused by the User’s actions, in particular by providing false data, infringement of personal rights or copyright and related rights.
- The Operator shall not be liable for any damages resulting from the cessation of the provision of the Services for the Users in whole or in part. Furthermore, the Operator shall not be liable for damages resulting from cessation of the Services and deletion of the Account of the User who has violated the Terms and Conditions.
The Operator shall not be liable for the following:
- damages caused to third parties or consequences of actions resulting from the use of the Services by the Users in a manner inconsistent with these Terms and Conditions or the law,
- content made available by Users through the Services which infringes the law or the rights of third parties,
- damage to Educational Entities or Course Participants caused in connection with the discontinuation of the Course’s accessibility on the Platform,
- the authenticity of the information provided by the Users,
- loss of data by the Users due to external factors (e.g. equipment failure) or other circumstances beyond the Operator's control (actions by third parties),
- damages resulting from the lack of continuity in the provision of the Services, resulting from circumstances for which the Operator is not responsible (force majeure, acts of omission by third parties, failures, etc.),
- the provision of false or incomplete information by the Users when registering an Account, Users’ non-compliance with the Terms and Conditions,
- acts or omissions of Internet service providers and failures and disruptions in the operation of the Internet network through which the Platform is used,
- the consequences of third parties coming into possession of a login or password,
- interruptions in the provision of the Service due to reasons beyond the Operator's control.
- In the case of receiving an official notification of the unlawful nature of the stored data provided by the User and the ensuing lack of access to this data, the Operator shall not be liable to the User for any damage resulting from preventing access to the User’s data.
- The Operator shall not be liable for the data provided in order to receive a confirmation of completion of the Course or to issue a certificate if the Participant has provided false data or has provided them incorrectly.
- The Course Provider shall be liable for the risk posed by the selection of persons whom the Provider entrusts with the task of accessing the Services; in particular. The Course Provider shall be liable for the data and information such persons enter and the way they use passwords and logins created for the Provider by the Operator.
COPYRIGHTS AND LICENCES
- The Operator shall have the exclusive rights to all works, within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2019, item 1231, as amended), subject to the provisions of sections 2 and 3 hereof, which constitute an element of the Platform, including the entire work and its fragments, and in particular to text, graphic and multimedia elements, as well as programming codes to generate and operate the Platform or allow for the use of its Services.
- The provisions of paragraph 1 shall not apply to the Courses where the copyright, economic rights or licences are vested in Educational Entities or entities cooperating with them. The rules and regulations for using such Courses shall be specified by separate terms and conditions specified by their authors.
- The User does not have the right to sell or otherwise market or distribute for profit or commercial purposes the Platform or any part of it; in particular, the User does not have the right to transfer or make available the Platform or any of its parts on computer systems and networks or any other information and communication systems.
- Any infringement of copyright and the provisions herein by the User may result in the User’s civil or criminal liability.
STORAGE AND ACCESSIBILITY OF COURSES
- The Operator ensures that the Courses can be deposited and published on the Platform in accordance with the technological capabilities of the Platform.
- The Course Provider is entitled to publish its Courses on the Platform after approval of the Courses by the Operator.
- The Course Provider declares that it owns the copyrights or has the right of license entitling it to place and publish the Course on the Platform and to distribute the Course and make it available via the Internet, so that every Participant has access to it at any place and time, including the possibility of recording and multiplying the Course’s content with the use of digital technology.
- The Course Provider declares that the Course does not infringe any third party rights, in particular copyrights.
- The Operator shall not be liable for the manner in which the Courses are used by the Participants. Course Participants may use the Courses on the terms and in the manner specified by the author of the Course (the relevant Course Provider). Detailed fields of exploitation and license conditions under which it is possible to use the Courses shall be specified individually by the Course Provider which publishes the Course.
- The Operator shall not be liable for any use of the Courses which is in breach of the law or in breach of the license specified for the particular Course.
- The Course Provider may publish or remove the Course on the Platform within the period of time agreed with the Operator. The thematic categories, duration, start and end date of the Course and the dates of enrolment in the Course shall be determined by the Course Provider.
- The Operator can block a Course which is suspected to have been published on the Platform in violation of the law or the provisions of these Terms and Conditions.
PROTECTION OF PERSONAL DATA
- The Operator processes only those personal data of the Users which are necessary to provide the Services specified in the Terms and Conditions and to fulfil the obligations arising from the law.
- Personal data is processed in accordance with the regulations on data protection and data security, and in accordance with the requirements of the GDPR.
- The controller of personal data processed on the Platform is the Information Processing Centre - National Research Institute, Al. Niepodległości 188B Avenue, 00-608 Warsaw, Poland. Contact via e-mail: firstname.lastname@example.org.
- The Operator has appointed a Data Protection Officer who is the point of contact in matters concerning the processing of personal data at the following e-mail address email@example.com.
- The Operator processes the following personal data: name, surname, e-mail address of the User, the name of the Course Provider represented by the User.
Personal data concerning the User are processed for the following purposes:
- registration of Accounts on the Platform,
- implementation of the Services,
- handling the process of registration and logging into the Account,
- the possible investigation of claims or defence against claims,
- clarification of the circumstances of unauthorised use of electronic services,
- making copies and storing data.
- Providing personal data concerning the Users is voluntary, but necessary for the use of the Services.
- Personal data relating to Users shall be processed on the basis of the premise indicated in Article 6(1)(b) of the GDPR. The personal data of Users representing Educational Entities is processed on the basis of the premise indicated in Article 6(1)(f) of the GDPR as a legitimate interest of the controller, which manifests itself in the implementation of the provisions of the agreement.
- The following recipients of the data may have access to the data: authorised employees of the service providers to whom the controller has provided personal data in connection with their support provided to facilitate the provision of the Services and administration as well development of the Platform, by means of a sub-processing agreement. The data may be transferred to subsequent recipients to whom the processing of data has been contractually entrusted for the purpose of providing services to the Controller or the processing entity. Users' data may also be made available to Educational Entities.
- Persons whose data are processed (data subjects) have the right of access, rectification, transfer, objection to the processing, deletion and restriction of processing.
- In the event that the processing of data is found to be in breach of the provisions of the GDPR, the User is entitled to lodge a complaint with the supervisory authority – the President of the Office for Personal Data Protection.
- Personal data shall be processed for the period of maintenance of the User's Account and not longer than until the expiry of the period of expiry of claims under the Agreement.
- Exercise of the rights referred to in point 10 is possible via the following e-mail address firstname.lastname@example.org.
- The Data Controller within the meaning of Article 4 (7) of the GDPR for personal data from Course Participants shall be the Educational Entities which have published the relevant courses. With regard to this data, the Operator has the status of Data Processor.
- The data collected by the Operator shall be protected against unauthorised access by system, physical and organisational security measures in accordance with the information and personal data security policy adopted and currently in force in this respect.
- The Operator declares that it takes due care to ensure a high level of safety for all Users in the use of functions dedicated to them. All events affecting the security of information and data transmission, including those relating to the suspicion of sharing files containing viruses and other files of similar nature, as well as the suspicion of other destructive mechanisms should be reported by e-mail to email@example.com.
TECHNICAL AND EXPERT SUPPORT FOR USERS
- Disturbances in the functioning or problems related to the services provided on NAVOICA Platform may be reported by the User via this e-mail address firstname.lastname@example.org.
- The User may report a reservation/complaint concerning the Services dedicated to them, if the Services dedicated to the User are not provided or are provided contrary to the provisions of the Regulations.
- The notification of complaint should be sent within 14 days from the date of the event justifying the complaint.
- The application can be submitted via e-mail to this e-mail address: email@example.com or in the form of a registered letter sent to the following address: National Information Processing institute – National Research Institute (OPI PIB), Al. Niepodległości 188b, 00-608 Warsaw. Poland.
- The notification of complaint should contain at least the following items: first and last name of the User, User’s e-mail or postal address, the circumstances justifying the complaint and the specific request related to the complaint.
- If the data or information contained in the complaint need to be supplemented with additional information, the complaint handler will ask the notifier to supplement it to the extent indicated. If additional information is not provided, the complaint shall remain unprocessed.
- The Operator shall handle the complaint within 30 days from the date of the receipt of the correct notification of complaint (containing the required elements, with no need for supplementary information). In complex cases, the Operator may extend this period to 60 days after prior notification of sent to the complaint notifier. The User shall receive information on how the complaint will be handled by electronic mail sent to the e-mail address provided by the User.
- The Operator reserves the right to leave a complaint unhandled if it the results from the User’s ignorance of the Terms and Conditions or legal regulations.
- The Operator reserves the right to change the content of these Terms and Conditions.
- Users will be informed about changes to these Terms and Conditions by a relevant announcement placed on NAVOICA Platform and by a message sent to the e-mail address provided in the Registration Form, or by displaying information about the changes and the new content after logging in to the Account.
- The User may refuse to accept the changes by sending the relevant statement to the Operator in writing, by e-mail to firstname.lastname@example.org or, in the case of Account holders, by marking the non-acceptance of the changes after logging into the Account. The declaration of non-acceptance of the changes should be submitted to the Operator immediately and no later than within 30 days from the date of receipt of the notification of changes to the Terms and Conditions in the manner specified in paragraph 2. Not sending the declaration of non-acceptance within the above period shall be deemed as acceptance of the changes by the User. Sending the declaration shall mean the termination of the Agreement by the User with 14 days' notice, counted from the date of receipt by the Operator of information about the User’s refusal to accept the changes.
- The User shall be liable for not receiving a notification of a change in the Terms and Conditions due to an outdated or false e-mail address or if the User provided an email address which belongs to another person/entity.
- In case of changes to the Terms and Conditions, the Users will be shown a list of the most important changes. The Users are obliged to read the new version of the Terms and Conditions.
- Any disputes related to the performance of the Agreement shall be settled by Polish common courts having jurisdiction over the Operator's registered office; however, in the case of disputes related to the performance of the Services by the Operator, court proceedings may be initiated after exhaustion of the complaint procedure; in other cases, the Parties undertake, first of all, to seek amicable settlement of the disputes through negotiations conducted for a period of 90 days.
- The Operator has the right to decide to discontinue or suspend the Service. In such a case the Operator shall inform the Users by posting the relevant announcement on the home page of the Platform. The cessation or suspension of the provision of the Service shall take place after 30 days from the date of publication of the announcement.
- The law applicable to the whole Agreement shall be Polish law.
- Any issues not regulated in the Agreements concluded with the Operator shall be governed by Polish law.
- If any provision of these Terms and Conditions is declared invalid by a final court decision, the remaining provisions shall still remain in force.
- These Terms and Conditions shall be valid from 1 December 2019. The amended version of the Terms and Conditions is effective from 5 August 2020 and replaces the previous version, which is available below the currently binding Terms and Conditions of Use of NAVOICA Platform at https://navoica.pl/tos.