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TERMS AND CONDITIONS FOR THE SUPPLY OF DIGITAL CONTENT

  • 1.

General Provisions

  1. These Terms and Conditions (hereinafter referred to as the “Terms”) set out the rules and conditions for the supply of Digital Content via the “Her Edu” website located at heredu.pl (hereinafter referred to as the “Service”).
  2. These Terms constitute the terms and conditions as referred to in Article 8 of the Act of 18 July 2002 on the Provision of Electronic Services (hereinafter referred to as the “Act on the Provision of Electronic Services”).
  3. The provider of the Digital Content is the “Her Education” Foundation, with its registered office in Nowe Ramoty (registered address: Nowe Ramoty 23, 14-105 Łukta), entered into the register of entrepreneurs and the register of associations, other social and professional organisations, foundations, and independent public healthcare institutions maintained by the District Court in Olsztyn, 8th Commercial Division of the National Court Register, under KRS number: 0000640786, NIP [tax identification number]: 9522151961 and REGON [statistical number]: 365585555 (hereinafter referred to as the “Provider”).
  4. Contact with the Provider is possible via:
    • Email – at the address: contact@heredu.pl;
    • Post – at the address: Nowe Ramoty 23, 14-105 Łukta;
    • Telephone – at the number: +48 602 175 882.
  5. In the course of its business activities, the Provider:
    • Supplies Digital Goods to Recipients;
    • Supplies a Newsletter to Subscribers.
  6. Information about the Digital Content available via the Service, in particular its descriptions, technical and functional specifications, constitutes an invitation to treat within the meaning of Article 71 of the Act of 23 April 1964 – the Civil Code (hereinafter referred to as the “Civil Code”).
  7. Before commencing use of the Service, the Client is obliged to familiarise themselves with the Terms and Conditions and the Privacy Policy.
  • 2.

Definitions

Words capitalised in these Terms and Conditions shall have the following meanings:

  • Provider – as defined in §1(3) of the Terms and Conditions;
  • Business Day – a day that is not a Saturday, Sunday, or other public holiday within the meaning of the Act of 18 January 1951 on Official Holidays;
  • Client – either a Recipient or a Subscriber;
  • Civil Code – as defined in §1(6) of the Terms and Conditions;
  • Consumer – a natural person entering into a legal transaction with the Provider that is not directly related to their business or professional activity;
  • Licence – as defined in §7(1) of the Terms and Conditions;
  • Newsletter – Digital Content within the meaning of the provisions of the Consumer Rights Act, consisting of commercial information relating to the current activities of the Provider;
  • Non-Conformity – means the non-conformity of the Digital Content with the Agreement for its supply (the criteria for assessing conformity of the Digital Content with the Agreement are set out in Article 43k(1–2) of the Consumer Rights Act);
  • Recipient – a person who is a Consumer, an Entrepreneur, or an Entrepreneur with Consumer Rights, who has entered into an Agreement with the Provider for the supply of Digital Goods or has taken steps towards entering into such an Agreement;
  • Privacy Policy – a document containing information on the processing of Clients’ personal data by the Provider;
  • Entrepreneur – a natural person, legal person, or organisational unit without legal personality to which specific provisions grant legal capacity, conducting business or professional activity in their own name;
  • Entrepreneur with Consumer Rights – a natural person conducting business or professional activity in their own name who has entered into an Agreement with the Provider directly related to their business activity, provided that the Agreement is not of a professional nature for that person, particularly in light of the subject matter of their business activity;
  • Terms and Conditions – as defined in §1(1) of the Terms and Conditions;
  • Subscriber – a person who is a Consumer, an Entrepreneur, or an Entrepreneur with Consumer Rights, who has entered into an Agreement with the Provider for the supply of the Newsletter or has taken steps towards entering into such an Agreement;
  • Digital Product – digital content within the meaning of the provisions of the Consumer Rights Act, which may be delivered to the Recipient, in particular an electronic book (e-book) or educational material;
  • Digital Content – a Digital Product or Newsletter;
  • Agreement – an agreement for the provision of Digital Products or an agreement for the provision of the Newsletter;
  • Agreement for the Provision of the Newsletter – an agreement for the provision of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Provider undertakes to deliver the Newsletter to the Subscriber free of charge for an indefinite period, and the Subscriber undertakes to provide the Provider with their personal data;
  • Agreement for the Provision of Digital Products – an agreement for the provision of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Provider undertakes to deliver the Digital Product to the Recipient, and the Recipient undertakes to either conclude an Agreement for the Provision of the Newsletter with the Provider or pay the price;
  • Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights;
  • Act on the Provision of Electronic Services – as defined in §1(2) of the Terms and Conditions.
  • 3.

Technical Requirements

  1. In order to use the Service properly, the Client must meet all of the following conditions:
    • be connected to the Internet;
    • use a device that allows access to Internet resources;
    • use a web browser that enables the display of hypertext documents on the device screen, linked within the Internet via the World Wide Web service, supports JavaScript, and accepts cookies;
    • have an active email account.
  2. Within the Service, it is prohibited for Clients to use viruses, bots, worms, or other computer codes, files, or programs — in particular those designed to automate actions or processes (such as scripts, applications, codes, files or similar tools).
  3. The Provider informs that it applies cryptographic protection for electronic data transfer and digital content by implementing appropriate logical, organisational, and technical measures, in particular to prevent third-party access to data — including through the use of SSL encryption, access passwords, antivirus software, and anti-malware tools.
  4. The Provider informs that, despite the security measures referred to in Section 3 above, the use of the Internet and services provided electronically may involve the risk of harmful software infiltrating the Client’s ICT system or device, or of third parties gaining access to data stored on that device. In order to minimise this risk, the Provider recommends the use of antivirus software and tools that protect online identity.
  • 4.

Rules for Using the Service

  1. The Client is obliged to use the Service in compliance with applicable laws, the provisions of the Terms and Conditions, and good practice.
  2. The provision of unlawful content by the Client is prohibited.
  • 5.

Agreement for the Provision of the Newsletter

  1. In order to conclude the Agreement for the Provision of the Newsletter, the Subscriber must submit their email address to the Provider and confirm their consent to receive the Newsletter, as well as acknowledge and accept the Terms and Conditions and Privacy Policy.
  2. The actions referred to in Section 1 above may be carried out in any manner, in particular by completing the electronic form available via the Service.
  3. The Agreement for the Provision of the Newsletter is concluded for an indefinite period.
  4. The Provider informs, and the Subscriber acknowledges, that:
    • the Newsletter, once delivered, is not subject to subsequent updates;
    • the frequency and timing of Newsletter delivery are not predetermined and depend on the Provider’s current operational circumstances.
  5. The Newsletter shall be delivered via electronic mail to the email address provided by the Subscriber.
  6. The Subscriber may terminate the Agreement for the Provision of the Newsletter at any time and without stating any reason, with immediate effect. Furthermore, pursuant to Articles 27 et seq. of the Consumer Rights Act, a Subscriber who is a Consumer or an Entrepreneur with Consumer Rights may rescind the Agreement for the Provision of the Newsletter without stating any reason, within fourteen (14) days from the date of its conclusion.
  7. Rescission or termination of the Agreement for the Provision of the Newsletter, regardless of the legal basis for such action, requires the Subscriber to submit an appropriate declaration to the Provider. The declaration referred to in the preceding sentence may be submitted by:
    • the Subscriber clicking on the unsubscribe link accompanying each Newsletter;
    • the Subscriber sending the Provider a declaration of rescission or termination of the Agreement for the Provision of the Newsletter by electronic mail. The declaration referred to in this Item 2 may also be submitted using the model withdrawal form set out in Annex 2 to the Consumer Rights Act.
  8. The Provider shall cease delivering the Newsletter to the Subscriber immediately upon the Subscriber performing one of the actions specified in Section 7 above.
  • 6.

Agreement for the Provision of Digital Products

  1. The Recipient may obtain Digital Products available on the Website:
    • free of charge – provided that an Agreement for the Provision of the Newsletter has been concluded;
    • for a fee – if no Agreement for the Provision of the Newsletter has been concluded.
  2. In order to receive Digital Products free of charge, the Recipient shall perform the following actions:
    • visit the Website;
    • navigate to the section of the selected Digital Product;
    • enter their email address in the online form;
    • check the mandatory checkbox confirming their consent to receive the Newsletter, acknowledging that they have read and understood the Terms of Service and Privacy Policy, and accepting the provisions thereof;
    • confirm their consent to receive the Newsletter.
  3. Confirmation of consent to receive the Newsletter shall be deemed equivalent to the conclusion by the Recipient of:
    • the Agreement for the Provision of Digital Products; and
    • the Agreement for the Provision of the Newsletter.
  4. The provisions of § 5 of the Terms shall apply to the Agreement for the Provision of the Newsletter concluded in accordance with this § 6.
  5. Termination or rescission of the Agreement for the Provision of the Newsletter after the Digital Product has been delivered shall not affect the validity or effectiveness of the Agreement for the Provision of Digital Products concluded pursuant to this § 6.
  6. If the Recipient wishes to obtain a Digital Product for a fee, they shall contact the Provider via electronic mail, using the email address indicated in § 1 Section 4 Point 1 of the Terms and Conditions, in order to individually agree on the terms of the Agreement for the Provision of Digital Products.
  7. The Digital Product shall be delivered to the Recipient without undue delay following the conclusion of the Agreement for the Provision of Digital Products.
  8. The Provider shall deliver the Digital Product to the Recipient by electronic mail, to the email address provided by the Recipient.
  9. The Provider informs, and the Recipient acknowledges, that the Digital Product is not subject to updates.
  10. If the Digital Product is not delivered within the period specified in Section 7 above, the Recipient shall request the Provider to deliver it. The request referred to in the preceding sentence may be sent by electronic mail to the email address indicated in § 1 Section 4 Point 1 of the Terms and Conditions. If the Provider fails to deliver the Digital Product without undue delay after receiving the request, or within an additional period expressly agreed upon with the Recipient, the Recipient may rescind the Agreement for the Provision of Digital Products.
  11. Rescission of the Agreement for the Provision of Digital Products requires the Recipient to submit a statement of rescission to the Provider. The statement referred to in the preceding sentence may be sent by electronic mail to the address indicated in § 1 Section 4 Point 1 of the Terms and Conditions.
  12. In the event that the rescission pertains to the Agreement for the Provision of a Digital Product for a fee, the Provider shall refund the price of the Digital Product paid by the Recipient without undue delay, and in any event no later than 14 (fourteen) days from the date of receipt of the Recipient’s statement of rescission of the Agreement. The refund shall be made using the same method of payment as originally used by the Recipient, unless the Recipient has expressly agreed to a different method of refund that does not incur any additional costs for the Recipient.
  13. The provisions of Sections 10–12 above apply exclusively to Recipients who are Consumers or Entrepreneurs with Consumer Rights.
  • 7.

Licence

  1. Upon delivery of the Digital Product to the Recipient, the Provider grants the Recipient a non­exclusive licence to use the Digital Product under the terms and conditions set forth in these Terms (hereinafter: the “Licence”).
  2. The Licence is granted for an indefinite period.
  3. The Licence entitles the Recipient to use the Digital Product solely within the following fields of exploitation:
    • storing the Digital Product on electronic devices owned by the Recipient;
    • playing and viewing the Digital Product;
    • reproducing the Digital Product, but only to the extent justified by the Recipient’s personal needs.
  4. The Recipient may use the knowledge and guidance contained in the Digital Product in their private and professional life, as well as for the purposes of their own business activity. However, the Licence does not entitle the Recipient to make the Digital Product available to any third parties, except in cases permitted under Division 3 of the Act of 4 February 1994 on Copyright and Related Rights concerning permitted use of protected works. Making the Digital Product available to third parties outside the scope of permitted use of protected works requires the Provider’s prior consent.
  5. The Licence does not entitle the Recipient to grant any sublicences.
  6. Use of the Digital Product by the Recipient in breach of the terms of the Licence constitutes an infringement of the Provider’s economic copyright, entitling the Provider (depending on the nature of the infringement) to pursue claims against the Recipient through court proceedings.
  • 8.

Complaints Regarding Digital Content

  1. The provisions of this § 8 apply exclusively to:
    • Clients who are Consumers or Entrepreneurs with Consumer Rights;
    • Non-conformity of the Digital Product with the Agreement for the Provision of Digital Products and non-conformity of the Newsletter with the Agreement for the Provision of the Newsletter.
  2. The Digital Content provided to the Client by the Provider must be in conformity with the agreement governing its provision:
    • at the time of delivery – where the Digital Content is delivered as a single delivery or in parts;
    • throughout the entire period of provision – where the Digital Content is provided on a continuous basis.
  3. The Provider shall be liable for any Non-Conformity:
    • that existed at the time of delivery of the Digital Content and became apparent within 2 (two) years from that moment – where the Digital Content is delivered as a single delivery or in parts;
    • that becomes apparent during the period of provision – where the Digital Content is provided on a continuous basis.
  4. In the event that a Non-Conformity becomes apparent, the Client may submit a complaint containing a request to bring the Digital Content into conformity with the agreement governing its provision.
  5. The complaint shall be submitted by electronic mail to the address indicated in § 1 Section 4 Point 1 of the Terms and Conditions.
  6. The complaint shall include:
    • the Client’s full name;
    • the Client’s email address;
    • a description of the identified Non-Conformity;
    • a request to bring the Digital Content into conformity with the agreement governing its provision.
  7. The Provider may refuse to bring the Digital Content into conformity with the agreement governing its provision if this is impossible or would result in the Provider incurring excessive costs.
  8. After reviewing the complaint, the Provider shall respond to the Client by electronic mail and communicate one of the following decisions:
    • to accept the complaint and indicate the estimated time frame for bringing the Digital Content into conformity with the agreement governing its provision;
    • to refuse to bring the Digital Content into conformity due to the reasons set out in § 8 Section 7 above;
    • to reject the complaint as unfounded.
  9. The Provider shall respond to the complaint by electronic mail within 14 (fourteen) days from the date the complaint is received.
  10. If the complaint is accepted, the Provider shall bring the Digital Content into conformity with the agreement governing its provision at its own expense, within a reasonable time from the date the complaint is received, and without undue inconvenience to the Client, taking into account the nature of the Digital Content and the purpose for which it is used. The estimated time frame for bringing the Digital Content into conformity shall be indicated in the Provider’s response to the complaint.
  11. In the event that a Non-Conformity becomes apparent, and subject to Section 14 below, the Client may submit to the Provider a statement on a price reduction or a rescission of the Agreement, where:
    • bringing the Digital Content into conformity with the agreement is impossible or would involve disproportionate costs;
    • the Provider has failed to bring the Digital Content into conformity in accordance with Section 10 above;
    • the Non-Conformity persists despite the Provider’s attempts to bring the Digital Content into conformity;
    • the Non-Conformity is so substantial as to justify rescission of the agreement without first requesting that the Provider bring the Digital Content into conformity;
    • it is clear from the Provider’s statement or from the circumstances that the Provider will not bring the Digital Content into conformity within a reasonable time or without undue inconvenience to the Client.
  12. A statement on a price reduction or rescission of the Agreement may be submitted by electronic mail to the address indicated in § 1 Section 4 Point 1 of the Terms and Conditions.
  13. The statement on a price reduction or rescission of the Agreement should include:
    • the Client’s full name;
    • the Client’s email address;
    • the date of delivery of the Digital Content;
    • a description of the identified Non-Conformity;
    • an indication of the reason for submitting the statement, selected from among the grounds listed in Section 11 above;
    • a statement on the price reduction, including the reduced price, or a statement on the rescission of the Agreement.
  14. The Client may not submit to the Provider a statement on a price reduction if the Non-Conformity relates to the Newsletter or a Digital Product delivered free of charge.
  15. The Provider is not entitled to claim payment for any period during which the Digital Content was not in conformity with the agreement governing its provision, even if the Client used the Digital Content before rescinding the agreement.
  16. The reduced price must correspond proportionately to the price set out in the agreement governing the provision of the Digital Content, reflecting the ratio between the value of the non-conforming Digital Content and the value of Digital Content that is in conformity with the agreement.
  17. The Provider shall be obliged to refund only that part of the price of the Digital Content which corresponds to the portion of the Digital Content that was not in conformity with the agreement governing its provision and the portion of the Digital Content that the Provider was no longer required to supply due to the Client’s rescission of the agreement.
  18. In the event of the Client exercising the right to a price reduction, the Provider shall refund the amount due without undue delay. In the event of the Client exercising the right to rescind the Agreement, the Provider shall refund the relevant amount no later than 14 (fourteen) days from the date of receipt of the Client’s statement of rescission. The refund shall be made using the same method of payment as was originally used by the Client, unless the Client has expressly agreed to a different method that does not incur any additional costs for the Client.
  19. The Client may not rescind the Agreement governing the provision of Digital Content if the Non-Conformity is minor.
  20. In the event that the Subscriber rescinds the Agreement for the Provision of the Newsletter, the Provider shall immediately cease delivering the Newsletter upon receipt of the Subscriber’s statement of rescission.
  21. Pursuant to Article 34(1a) of the Consumer Rights Act, in the event of rescission of the Agreement governing the provision of Digital Content, the Client shall refrain from using the Digital Content and from making it available to third parties.
  • 9.

Intellectual Property of the Provider

  1. All components of the Service, in particular::
    • the name of the Service;
    • the Service’s logo;
    • photographs and descriptions of Digital Products;
    • the functioning principles of the Service’s website, including all graphical elements, user interface, software, source code, and databases

– are protected under applicable law, including the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition, as well as other generally applicable laws, including provisions of European Union law.

  1. Any use of the Provider’s intellectual property without authorisation resulting from these Terms and Conditions or without the Provider’s prior express consent is strictly prohibited.
  • 10.

Personal Data Processing

Information regarding the processing of personal data by the Provider is available in the Privacy Policy, accessible at the following address: https://heredu.pl/polityka-eng/.

  • 11.

Out-of-Court Dispute Resolution

  1. The provisions of this § 11 apply exclusively to Clients who are Consumers.
  2. The Client may avail themselves of out-of-court means of handling complaints and pursuing claims.
  3. Detailed information regarding out-of-court procedures available to the Client for resolving complaints and pursuing claims, as well as the conditions for accessing such procedures, is available at the offices and on the websites of:
    • district (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection;
    • the Voivodeship Inspectorates of Trade Inspection;
    • the Office of Competition and Consumer Protection (UOKiK).
  4. The Provider hereby informs that, unless required by mandatory provisions of law, it does not participate in out-of-court procedures for resolving consumer complaints or claims..
  • 12.

Amendments to the Terms and Conditions

  1. The Provider may amend these Terms and Conditions in the event of:
    • a change in the Provider’s identification details;
    • a change in the scope of the Provider’s business activity;
    • the introduction of new services, modification of existing services, or discontinuation of the provision of certain services by the Provider;
    • technical modifications to the Service that require adjustments to the provisions of the Terms and Conditions;
    • a legal obligation to amend the Terms and Conditions, including to ensure compliance with the applicable legal framework.
  2. Clients shall be informed of any amendments to the Terms and Conditions by the publication of the amended version on the website of the Service. At the same time, the amended Terms and Conditions shall be sent to Subscribers by email.
  3. Agreements for the provision of Digital Products concluded before the publication of the amended Terms and Conditions on the Provider’s website shall remain governed by the version of the Terms and Conditions in force at the time of their conclusion.
  4. A Subscriber who does not accept the amended Agreement may terminate the Agreement for the provision of the Newsletter with immediate effect by delivering a termination notice within 7 (seven) days of receiving the amended version by email. Failure to provide such notice shall be deemed acceptance of the amended Terms and Conditions..
  5. Termination of the Agreement for the provision of the Newsletter shall take place upon the submission by the Subscriber of a statement of termination of the Agreement for the provision of the Newsletter to the Provider. The statement referred to in the preceding sentence may be sent by email to the address specified in § 1(4)(1) of these Terms and Conditions.
  6. Immediately upon receipt of the statement referred to in Section 5 above, the Provider shall cease the provision of the Newsletter.
  • 13.

Final Provisions

  1. The law governing these Terms and Conditions, the Agreement for the provision of the Newsletter, and the Agreement for the provision of Digital Products shall be the law of Poland. The choice of Polish law shall not deprive the Consumer of the protection afforded by provisions of the law of another country which would apply in the absence of such a choice and which cannot be derogated from by agreement.
  2. The current version of the Terms and Conditions is effective as of 1 July 2025.