TERMS & CONDITIONS
POLGOTE

https://polgote.com

The Service provider / Owner:

1. GENERAL PROVISIONS

1. These Terms and Conditions specify the general conditions, ways of provision of services electronically via the Online Service https://polgote.com .

2. These Terms will apply any time you use a website owned or operated by us (“Website”), or any other means to access our services (“Services”). By using our Website, you confirm that you accept these terms and conditions and that you agree to comply with them. 

3. These Terms and Conditions are always available at the website  https://polgote.com which allows to download, display and record their contents by printing or saving them to a data carrier at any time.

4. These Terms may be amended from time to time. Any amendments or new terms will be made available via our Website. You may terminate this Agreement if you do not wish to be bound by any such amendments, but by continuing to use our Services you will be deemed to have accepted the new terms.

5. You are responsible for obtaining Internet access and a compatible, Internet-connected device to purchase our programs. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection. The Online service may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements: a computer or a mobile device with access to the Internet, access to electronic mail, a browser Firefox, Chrome, Safari, Internet Explorer, Opera, enabling cookies and JavaScript in the web browser.

6. The Service provider informs that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats, e.g.  Antivirus.

7. In using our Service, you will not:

   1. scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the POLGOTE Service or any source code therein.

   2. attempt to circumvent any technical measures (including digital rights management) that we may employ.

   3. take any measures to interfere with or damage our Service.

   4. use our Service to transmit tortious, unlawful, infringing, and otherwise objectionable content.

   5. spam or harass our Service or any other user.

   6. use any fraudulent, deceptive, or misleading practices.

   7. engage in any commercial activities except as permitted by us; or

   8. engage in any illegal activities.

2. ACCOUNT REGISTRATION

1. This point of the Terms and Conditions applies to Teachers and Students (both Users).

2. Individuals under the age of 18 or the age where school or parental consent is required to use POLGOTE under the applicable law of your jurisdiction are not permitted to use POLGOTE unless enrolled by their legal guardian. We encourage you to invite a parent or guardian to open an account and help you enroll in lessons that are appropriate for you. If we discover that you have created an account that violates these rules, we will terminate your account. It is the parents’/guardians’ responsibility, respectively, to ensure that the use of the POLGOTE Services is in accordance with the Agreement and to safeguard the children’s safety and privacy. Apart from the limitations within the functioning of the Services POLGOTE has no control over how parents/guardians oversee the children’s use of the Services.

3. You may use our Services only if you can form a binding contract with POLGOTE and only in compliance with these Terms and all applicable laws. When you create your POLGOTE account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.

4. If you choose to register (Teacher and Student), you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.

5. To register you must provide a valid email address and accurate information about yourself (First name, Last name, User login, Telephone).

6. You will also be asked to create a password when registering. We recommend that you keep your password confidential and do not disclose it to any third party. We will not be held responsible for any action taken by any third party to whom you have disclosed your password.

7. Using the Account is possible after completing jointly and severally the following steps by the User:

   • Completing the registration form and accepting the provisions of these Terms and conditions,

   • Clicking on the "Register" box.

8. Following the registration of your Account, you can log in to the POLGOTE platform, indicating the email address and password provided at the registration.

9. It is also possible to register through your user account on an external website, i.e. through your Google (Facebook/Apple) account. The creation of a User Account is carried out by a specific redirection from the Application to the website of an external website (Google Oauth/Facebook Oauth/AppleOauth), where the user is asked to provide a username or other data identifying him and the password that he has to the user account on the external website. After authorizing the website of the external website, the user is redirected back to the Application, where a user account is created with a link to the user account of the external website. The username to the external service and its password are not registered and stored by the POLGOTE.

10. You are requested to provide additional information about yourself:

    1. Student (State, Information about yourself, Current degree in Go, Usernames on selected Go servers and selected communicators, the currency in which the student will make payments in platform)

    2. Teacher (State, Information about yourself, Current degree in Go, Usernames on selected Go servers and selected communicators, Profile picture, Scan or photo of your personal document (e.g. ID card or passport), photo of the teacher holding a document with visible face of this teacher, the currency in which the teacher will receive money for lessons, type and details of the account to which the teacher will receive money for lessons).

11. We will not be held responsible if you fail to provide a valid email address and you do not receive several information from us that you might be expecting. If we notice that any information given by you is untrue or inaccurate, we have the right to delete your registration without notice, at any time.

12. You may not share your account login credentials with anyone else. You are responsible for what happens with your account and POLGOTE will not intervene in disputes between Teacher or Student who have shared account login credentials.

13. Each teacher account must be approved by POLGOTE.

14. The Agreement for the provision of service which involves maintenance of an Account in POLGOTE shall be concluded for an indefinite period and shall be terminated when the User (both Student and Teacher) submits a request to remove the Account or we close your Account.

15. You can terminate your Account at any time. We may also suspend or close your Account at any time if you are in breach of the terms of this Agreement. If we suspend or close your Account you will not be able to purchase and sell further Courses through us or may not be able to access the Services.

16. The Newsletter service, provided at the request of the User after the conclusion of the Agreement, includes receiving by the Users who have provided the Service Provider with their e-mail address, by electronic means commercial information regarding the products and services of the Service Provider, including in particular information about their current offer, promotions, discounts and marketing campaigns,

17. The Agreement for the provision of the Newsletter service shall be concluded for an indefinite period and shall be terminated when the User submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter service.

18. Your personal information is subject to our Privacy Policy, which can be found here.

3. Lessons (Teacher)

1. You warrant that you are the original author and own the copyright of the Lessons and have the right to sell the lessons on our platform.

2. Any Lesson that you publish via our website will be your personal responsibility.

3. POLGOTE has no responsibility or liability with respect to any claims arising from infringement of the law in any country in relation to the products displays, markets and sells on behalf of third parties.

4. You will be personally liable for all claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Lesson. You agree to indemnify us in relation to any liability we may suffer as a result of any claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Lesson.

5. You agree not to publish any Lesson or engage in any activity which: is illegal, infringes intellectual property rights, defames any person, breaches confidentiality or promotes any illegal activities;

6. As a teacher you agree to appoint POLGOTE as your non-exclusive agent to display, market and sell products (reserve lessons) that are owned by or licensed to you.

7. You are solely responsible for the process, format and delivery of your products through our platform.

8. You must ensure that the information you provide is accurate, complete and not misleading. But we reserve the right to remove any Lessons from our Services at any time and for any reason.

9. In profile account the teacher can edit profile picture and text about yourself as well as set another important aspect of lessons (i.e. available dates for lessons, the length of breaks between lessons, the prices of lessons visible on the website, discounts for the purchase of lesson packages, lower prices for specific students, the available languages lessons, welcome videos, videos from sample lessons, notification preferences, data for transfers).

10. The teacher could find all the necessary information about the lesson for which the student will enroll in the "My lessons" tab.

11. The "My Lessons" tab is also divided into sub-tabs:

    • Pending lesson requests

    • Upcoming lessons

    • Completed lessons

    • Cancelled lessons

    • Rejected lesson requests

    Boxes with info about lessons are automatically moved between subtabs.

12. For individual lessons, the teacher could send a request to the student to change the date of the lesson.

13. The teacher could cancel the lesson before the start of the individual lesson.

14. The teacher agrees to pay POLGOTE 15% commission on the sale of his lessons sold through our platform, calculated as a percentage of the total price of his products.

15. Any commission paid by the teacher made for facilities provided by the Site for the setting up and management of all lessons.

16. If the teacher did not come to the lesson, the amount will be reduced by 85% of the price for such lesson.

17. You agree that the invoices will be sent electronically. You can change your billing or invoice information in your account. Invoices are generated at the beginning of each month - there is information about all lessons conducted in the previous month. Payments are sent to teachers based on the information that the teacher provides in their account settings (bank account, PayPal account).

4. Lessons (Students)

1. ​You will be able to purchase Lessons (reserve lessons) directly using the Services, after registration. 

2. Procedure:

   1. Individual Lessons (The teacher chooses his availability (when, on what servers / communicators, what kind of lessons and for how much it can offer) and Students can send lesson requests to a teacher based on their Availability).

   2. Group Lessons (The teacher selects all the details of the lesson and Students can only sign up for the lessons or not).

3. The lessons sold/reserved through our website are not owned by POLGOTE but remain the property of the third party supplier - Teachers (POLGOTE acts as agent). 

4. Access to the recordings from the lesson uploaded by the teacher have:

   1. for individual lessons - a specific student who has enrolled in a lesson with a given Teacher.

   2. for group lessons - specific students who have signed up for a lesson.

5. The student has access to all recorded lessons (for which he has enrolled / in which he participated), after clicking on the "My Lessons" tab for one year. POLGOTE may delete the recordings after one year.

6. For all types of lessons, you can only set (and find) lesson dates that are multiples of 15 minutes. E.g. 08:30, 13:45, 23:00 (it is not possible to set a lesson at 07:20).

7. In the account settings, the user (student and teacher) can choose their time zone in which all lesson dates will be displayed.

8. Lessons take place on external servers for playing Go (OGS, KGS, IGS-Pandanet) and on external messengers (Skype, Discord, Zoom).

9. The student could find all the necessary information about the lesson for which the student will enroll in the "My lessons" tab.

10. The "My Lessons" tab is also divided into sub-tabs:

    • Pending lesson requests

    • Upcoming lessons

    • Completed lessons

    • Cancelled lessons

    • Rejected lesson requests

    Boxes with info about lessons are automatically moved between subtabs.

11. Reviews: After each lesson, the student has the opportunity to give an opinion about the lesson with a given teacher. The student can write a short text and choose the number of stars from 1 to 5 and decide whether the review should be signed with his name or anonymous.) Reviews about lessons with a teacher are publicly visible on that teacher's profile.

5. PAYMENT AND SETTLEMENT

1. Before payment you are requested to give your consent for the supply of digital content immediately before the lapse of the time for withdrawal from agreement.

2. A legally binding contract of sale will be formed between Student and the Teacher. The sales Agreement shall be concluded in English/Polish.

3. The Teacher is solely responsible for setting the price of their lessons and any discounts attributed to those products.

4. The prices for lessons are provided in PLN/EUR/USD. The prices include VAT (Value added Taxes).

5. All reservations for lessons with teachers are made in PLN. Teachers bear the risk of changing exchange rates.

6. The student can add funds to their own account by making a transfer to one of the platform's accounts in PLN, EUR or USD - and by providing the code generated by the platform, which should be placed in the transfer title. The funds added to the wallet are always converted to PLN. Exchange rates are calculated at the average NBP (central bank of the Republic of Poland) exchange rate from the date of receiving the transfer.

7. The student also has the option of paying for the lesson without making a transfer and waiting a few days. The student can book a lesson by paying by PayPal (in a situation where the student does not have enough funds on his balance). In this situation, the student pays an additional 6.5% + 2 PLN for PayPal payment (at the time of payment, POLGOTE charges a commission of 6.5% + 2 PLN).

8. The student pays for lessons (whether for an individual lesson, a package of individual lessons or for a series of group lessons). At the start of the lesson, the teacher becomes the owner of the money calculated proportionally for a given lesson (if, for example, the student has been charged funds for a package of 10 lessons, the student will still be the owner of this money, but after the start of the first lesson – the student will own only 90% of the amount, and the teacher 10%, after the start of the second lesson – the student 80%, and the teacher 20%, etc.). 

9. The amount shown in the student's wallet does not include ordered lessons that were not conducted by the teacher.

10. For each payment: First, funds are deducted from the bonus balance from the student's wallet. If there are no enough funds in the bonus balance - the entire amount from the bonus balance and the rest from the regular balance are debited.

11. If there are no funds on the regular balance - the entire amount from the regular balance is deducted and the remaining amount must be paid by the student via PayPal (or add money by bank transfer and wait a few days until these funds appear on the regular balance, and only then book lessons).

12. For each cancellation of lessons with payments such as "order a lesson package, part of which was paid with a bonus balance and part with a regular balance/PayPal": First, the funds appear on the regular balance, and when the amount paid with the regular balance/PayPal has already appeared on the regular balance, only then the funds appear on the bonus balance. An additional 6.5% + 2 PLN for PayPal payment is always forfeited and is never returned to the student.

13. If a student does not order any lessons for a year and there is no activity on the account, then all the funds in his account (both in the regular balance and in the bonus balance) are charged by POLGOTE as an inactivity fee.

14. The student agrees that:

    1. any refunds for lessons will be returned to his wallet at POLGOTE.

    2. he will not be able to withdraw the money out of the platform.

15. When you make a purchase, you agree not to use an invalid or unauthorized payment method.

16. Bonus vouchers: POLGOTE can provide codes through which students can add funds to their accounts. The money from the vouchers is fully covered by POLGOTE and are visible on bonus balances from students (At the beginning of the lesson, the funds become the property of the teacher).

17. After the student enters the voucher code, an amount is added to his bonus balance.

18. If the teacher did not come to the lesson, the price for the lesson is added to the student’s bonus balance.

19. The student must notify the POLGOTE within 14 days from the date of the lesson about the situation in which the teacher did not come to the lesson. If he doesn't, he won't have the opportunity to report it anymore. Later, the POLGOTE sends a request to the teacher to send proof that the lesson took place.

20. From the moment the POLGOTE sends the request, the teacher has 14 days to send proof that the lesson took place. If he does not, he will no longer have the opportunity to send it. The final decision on whether to send a voucher to the student and reduce the amount to be sent to the teacher for a lesson to which he allegedly did not come belongs to POLGOTE.

21. You agree that the purchase documents for the order will be sent electronically.

22. You can change your billing or invoice information in your account.

6. Course Access and Content

1. When you purchase a product via our Website you provide us with your permission to supply you with the means to access the digital goods you have purchased in your account (access to lessons). 

2. If the teacher sends a video of the lesson, then POLGOTE guarantees one year access to lessons in your account.

3. When purchasing a lesson, you are buying a non-exclusive licence to use the product and ownership of the product remains with the Teacher unless explicitly described in the details of their product for sale. Unless described otherwise by the Teacher or POLGOTE you must not copy, modify or re-produce a non-original version of the product you purchase, or loan, lease, sell or distribute the product. 

4. Product descriptions and images displayed on our website are illustrative only and are published to provide users with a guide to the products being offered and do not contribute in any way to a binding contract between Student and Teacher.

5. The lesson material will be made available in accordance with the description.

6. We make great efforts to ensure that the Teacher who list their Lessons are providing lessons of a high standard, but we accept no responsibility and will have no liability to you if the Lesson does not meet your requirements or you find it unsatisfactory in some way and your right of action or claim will be against the Teacher.

7. The Teacher agrees to appoint POLGOTE as his non-exclusive agent to display, market (also in social media) and sell products that are owned by or licensed to him.

7. RETURN POLICY

1. The Student, who is a consumer may withdraw from the Agreement without specifying the reason by submitting an appropriate declaration within 14 days.

2. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item.

3. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:

   1. for the provision of services for which the consumer is obliged to pay the price, if the Seller (Teacher) has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance of the service by the Seller (Teacher) he will lose the right to withdraw from the contract, and took note of it;

   2. for the delivery of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller (Teacher) began the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance of the service by the Seller (Teacher) he will lose the right to withdraw from the contract, and took note of it, and the Seller (Teacher) provided the consumer with the confirmation.

4. For individual lessons, the student could send a request to the teacher to change the date of the lesson.

5. The student could cancel the individual lesson before the start of the lesson. The funds for the lesson should appear on the student's account up to 10 minutes from the moment of cancellation (if the lesson is cancelled by the student between 24h and 1h until the start of the lesson, The student and teacher receive 50% of the price for the lesson).

6. The student does not receive a refund if he cancels the lesson for less than 1 hour until it starts (The teacher receives 100% of the price for the lesson).

7. For group lessons, the student cannot send a request to reschedule or cancel lesson.

8. For group lessons, the teacher can change the date of the lesson. In such a situation, each student can resign from the lesson and receive a 100% refund of the price of the lesson.

8. COMPLAINTS

1. We have a sufficiently notified complaints procedure in place and shall handle the complaint in accordance with this complaint procedure.

2. Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the electronic mail address: contact@polgote.com .

3. We undertake to process each complaint within 14 days. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.

4. We would like to inform you that out-of-court complaint handling and redress procedures can be used. They can be used on a voluntary basis and only if both parties to the dispute agree to it.

5. Detailed information on consumer dispute resolution, including the possibility for the Consumer to use out-of-court complaint handling, redress and the rules of access to these procedures is available at the offices and on the websites of county (municipal) consumer advocates, Voivodship Inspectorates of Trade Inspection.

6. For example, in Poland the Customer who is a Consumer has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement.

7. According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.

8. The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU"s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.

9. PRIVACY

1. Personal data in the Online Service shall be processed by the Controller in accordance with the binding legal regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

2. Additional explanations regarding the protection of personal data are contained in the "Privacy Policy".

10. DISCLAIMERS

1. Your use of our service is at your own risks.

2. Except as required by applicable law, no warranties of any kind, either express or implied.

3. POLGOTE makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. POLGOTE does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components.

11. FORCE MAJEURE

1. Neither Party can be held liable for the non-performance of any of its obligations, force majeure incident including but not limited to epidemic, flood, fire, storm, raw materials shortage, transportation strike, partial or total strike, or lock-out. The Party affected by such events must inform the other party promptly, no later than five (5) business days after said event occurs.

2. The parties agree that they will work together to determine how best to fill the order while the force majeure incident persists.

12. FINAL PROVISIONS

1. These Terms & Conditions will be governed by the law of the Republic of Poland, without regard to its conflict of law provisions.

2. The choice of law made by the parties shall not have the result of depriving the consumer of the protection guaranteed to him by the mandatory rules of the law of the country in which he has his habitual residence in EU.

3. The matters not provided for in these Terms & Conditions shall be governed by Polish law and EU law.

4. Each User shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Service presenting a list of amendments and their effective dates. The Users who possess an Account shall be additionally informed about the changes and presented with their list by a message sent to their electronic mail address. The effective date for any amendment shall fall at least 14 days after its publication. If the Customer who has a Customer Account does not accept the amended Terms and Conditions, he shall be obliged to notify this fact to the Service provider within 14 days from being informed about the amendment of the Terms and Conditions. Notification of non-acceptance of the new Terms and Conditions shall result in termination of the Agreement.

18.08.2023