Regulations for the provision of services by electronic means

1. General provisions

1. 1. The Regulations on the provision of electronic services (hereinafter referred to as the Regulations) regulate the scope and conditions of provision by Polish Advisory and Consulting Association with its registered office in Białystok, hereinafter referred to as the "Service Provider" of services provided electronically in accordance with Article 8 paragraph 1 item 1 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2020, item 344, consolidated text).
   2. is the owner of the website Polish Advisory and Consulting Association with its registered office in Białystok, ul. Pułkowa 11, 15-143 Białystok, NIP 542-290-15-67 REGON 052252089, entered into the Register of Entrepreneurs maintained by the District Court in Białystok, 12th Commercial Division of the National Court Register under the number: 0000221615.
   3. Launching the appropriate Service on the website polskiklaster.pl or placing an Order via the contact form or e-mail is tantamount to consenting to the Regulations and accepting the terms of these Regulations, without the need to draw up separate agreements.
   4. These Regulations are available free of charge via the website polskiklaster.pl in a form that allows its downloading, recording of its content by printing or saving to disk.

2. Definitions used in the Regulations
   1. Cluster Member –an entity that has joined the Cluster and is its member under the terms specified in the Cluster Regulations;
   2. Klaster – Polish Construction Cluster, operating under the principles set out in the Cluster Regulations;
   3. Account-Electronic Service made available to the User as part of the Website, enabling the User to use additional functionalities specified in the Regulations and services made available to the User by the Service Provider;
   4. Consumer– A Customer who is a consumer within the meaning of Article 22 [1] of the Civil Code – a natural person concluding a contract or using services within the Website to the extent not directly related to his or her business or professional activity;
   5. Entrepreneur with consumer rights– An entrepreneur who is a natural person and who concludes an Agreement directly related to his business activity, when the content of this Agreement indicates that it is not of a professional nature for him, in particular resulting from the subject of his business activity;
   6. Terms of Use– this document defining the principles of operation of the Website, in particular the principles of creating an Account and using other services/functionalities made available by the Service Provider via the Website to Users;
   7. Cluster Regulations– document available at: polskiklaster.pl/regulamin-czlonkostwa-w-polskim-klastrze-budowlanym, specifying, among other things, the conditions for joining the Cluster and the manner of organization and operation of the Cluster;
   8. Register– a one-time activity consisting in the creation of an Account on the Website by the User, performed using the Registration Form available on the Website;
   9. Service– a platform run by the Service Provider, through which the Service Provider provides Electronic Services, available at the internet address polskiklaster.pl ;
   10. Service Provider –Polish Advisory and Consulting Association with its registered office in Białystok; which provides services electronically via the website: polskiklaster.pl;
   11. ICT system– a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network within the meaning of telecommunications law;
   12. Electronic Service/ Service provided electronically within the meaning of the Act of 18 July 2002 on the provision of services by electronic means, by the Service Provider to the User via the Website, in accordance with the Regulations;
   13. Law – Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2020, item 344, consolidated text),
   14. Consumer Rights Act– Act of 30 May 2014 on consumer rights (Journal of Laws 2020, No. 287, as amended);
   15. User– an entity using the Electronic Service in accordance with the Regulations,
   16. Order – a declaration of will of the User submitted via the application form available on the Website or the registration form available on the Website, aiming directly at concluding a Sales Agreement or concluding an Agreement with the Service Provider.

3. The type and scope of services provided electronically

1. The Service Provider provides services electronically, in particular:

1.1. offer of sales of online training and courses,

1.2. participation in projects,

1.3. participation in events,

1.4. registration for the Cluster,

1.5. the ability to register and create an account on the Website,

1.6. the ability to use contact forms,

1.7. handling other services provided by the Service Provider on the basis of separate agreements, the subject of which is the provision of services electronically.

4. Terms of providing electronic services
   1. The use of the Website by the User is tantamount to reading the content of these Regulations and accepting their provisions, as well as concluding an agreement for the provision of services by electronic means without the need to draw up a separate agreement.
   2. The Service Provider provides the User with Services within the scope and under the conditions specified in these Regulations or in the individual offer, if accepted.
   3. The Service Provider undertakes to commence the provision of the Service within the time specified in the concluded contract.
   4. The user is obliged to:

4.1. Providing only true, current and necessary data of the User and the entity they represent within the Website (in particular within dedicated forms), and in the event of any changes, immediately updating the data, including personal data;

4.2. Not making available to unauthorized persons the data used to log in to the Account on the Website (including the dedicated login and password);

4.3. Not taking any action aimed at obtaining information not intended for the User, including data of other Users, or interfering with the principles or technical aspects of the functioning of the Website.

4. 5. The User may terminate any agreement for the provision of Electronic Services described in the Terms and Conditions at any time and discontinue use of the Service. If the User leaves the Website without registering, the agreement for the provision of electronic services terminates automatically without the need to submit any additional declarations.
   6. The notice period for each party to terminate the agreement for the provision of Electronic Services is 30 days, subject to the Cluster membership requirements. Cluster Terms and Conditions are available on the Website. Termination of the agreement regarding the Account is equivalent to deletion of the Account.

5. Prohibition of providing illegal content

The User is obligated to use the Website, including the Electronic Services offered, in a manner consistent with applicable law, the provisions of the Terms and Conditions, as well as accepted social customs and principles of good practice, while respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The User is obligated to provide accurate data. The User is prohibited from providing unlawful content.

6. Technical requirements

The minimum technical requirements that must be met to cooperate with the IT system used by the Service Provider, including the use of the Website and the conclusion of the Service Agreement, are to have a computer or other mobile device connected to the Internet, equipped with an up-to-date version of a web browser and access to e-mail.

7. Electronic services

1. Conclusion of a sales agreement for online training and courses

1.1. The User may place Orders for 24 (twenty-four) hours
24 hours a day via the Website.

1.2. To place an Order, you must have an Account in the System and then complete the registration form for a course or training.

1.3. By completing the registration form, the User confirms the authenticity and accuracy of the data contained in the registration form and agrees to the provisions
these Regulations, recognizing its binding nature.

1.4. For certain training courses or programs, the Service Provider may require additional documents as a condition for participation. Once the Service Provider has qualified the User for the training or program (or in the case of training without additional qualification), the User will receive information about the Order and a link to online payment at the email address provided.

1.5. The price listed for each course/training is the gross price applicable at the time of placing the Order and is binding on the User and the Service Provider. Failure to pay the fee for the training/course constitutes a waiver of the purchase and cancellation of the Order.

1.6. The Service Provider issues VAT invoices. Invoices will be delivered electronically, to which the User consents.

1.7. Access to the purchased course/training is activated after the payment has been received; in the case of online training/courses taking place in real time, access is activated on the date and time of the course/training.

1.8. Purchased courses/trainings are available in the User Account, except for courses/trainings taking place live.   

1.9. The Service Provider allows the User to opt out of creating a course/training. In the event of such a decision, the Service Provider will refund the User the full purchase price of the course/training.
1.10. The Service Provider is not responsible for improper configuration of the User's computer. The Service Provider is not responsible for cases where the User fails to participate in the training/course due to hardware problems with the User's computer.

1.11. The course/training user is responsible for reviewing the training materials on their own.
1.12. Only one person may use one purchased access to a course/training.
1.13. Users are authorized to use the Website solely for their own personal use. In particular, they are prohibited from making materials available to third parties in any form.

2. Participation in projects and events

2.1. The User may declare his or her willingness to participate in a project or event 24 (twenty-four) hours a day via the Website.

2.2. To place an Order, the User may be required to have an Account on the Website (information provided each time for a given project/event) and to complete the form selected for the project or event.

2.3. By completing the application form, the User confirms the authenticity and accuracy of the data contained in the application form and agrees to the provisions
these Regulations, recognizing its binding nature.

2.4. After the Service Provider has qualified the User for a project or event, the User will receive information about the project or event to the email address provided.

2.5. Projects or events may be paid or free. The project or event description will include the gross price of the project/event or information about its free nature. For paid projects/events, failure to pay the fee will constitute a waiver of the purchase and cancellation of the Order.

2.6. The Service Provider issues VAT invoices. Invoices will be delivered electronically, to which the User consents.

2.7. The Service Provider allows the User to withdraw from organizing a project or event. In the event of such a decision, the Service Provider will refund the User the full amount paid for the Order.

3. Registration for the Cluster (Cluster membership)

3.1. A User who is an entrepreneur may declare their willingness to join the Cluster (Cluster membership) by completing the application form available on the Website. Completing the application form requires an Account on the Website.

3.2. By completing the registration form, the User confirms the authenticity and accuracy of the data contained in the Registration Form and agrees to the provisions of these Regulations and the Cluster Regulations.

3.3. After positive verification of the User, the Service Provider sends to the User's email address information about the possibility of joining the Cluster along with information about the required documents.

3.4. The rules for membership in the Cluster are regulated in the Cluster Regulations available on the Website.

4. Account management service

4.1. The agreement for the provision of the service of maintaining and accessing the Account is concluded for an indefinite period upon registration of the Account on the Website and is a free service.

4.2. Registration takes place by completing the registration form available on the Website and receiving a message from the Service Provider to the e-mail address provided in the registration form regarding the creation of an Account on the Website.

4.3. The agreement for the provision of the service of maintaining and accessing the User Account on the Website is terminated when the User sends a request to the Service Provider to delete the Account.

4.4. As part of the Account management and access service, the User has the opportunity to use the functionalities of the Website.

4.5. The Service Provider is not responsible for the content of materials posted by Users who have an Account.

5. Using contact forms

5.1 A service consisting in providing a free contact form for sending messages to the Service Provider.

5.2. The use of contact forms and the submission of personal data via them is voluntary and serves the purpose of handling the User's inquiry.

5.3. The Service Provider may contact the User via the e-mail address or telephone number provided in the contact form.

6. Files to download without registration

A service whereby the Service Provider provides PDF files containing, for example, catalogs, product data sheets, leaflets, and promotional brochures. These files can be downloaded free of charge by clicking on the provided document link.

8. Complaint procedure

1. Complaints regarding non-performance or improper performance of Electronic Services by the Service Provider may be submitted in writing to the address of the Service Provider's registered office indicated in point I.2. of the Regulations or in electronic form by sending the application to the following address: reklamacje@polskiklaster.pl
2. The application for consideration of a complaint should include information and circumstances relating to the subject of the complaint and the contact details of the entity submitting the complaint.
3. The Service Provider shall consider applications immediately, no later than within 14 calendar days from the date of their submission, unless a different deadline is specified in the provisions of generally applicable law.
4. The complainant will receive a response in writing or by e-mail to the e-mail address from which the complaint was sent.

VII. The right to withdraw from the Contract, the method and deadline for exercising the right of withdrawal

1. A consumer, as well as an entrepreneur with consumer rights, who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs other than those provided for by law. A distance contract is understood as a contract concluded with a consumer or entrepreneur with consumer rights as part of an organized distance contracting system, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time of conclusion of the contract. To meet the deadline, it is sufficient to send a declaration of withdrawal from the contract before its expiry. A declaration of withdrawal from the contract may be submitted in particular:

1.1. in writing to the following address: Polish Advisory and Consulting Association  with its registered office in Białystok, ul. Pułkowa 11, 15-143 Białystok,

1.2. in electronic form via e-mail to the following address: reklamacje@polskiklaster.pl

2. The declaration may be submitted using the withdrawal form template provided as Annex 2 to the Consumer Rights Act, as well as the template form provided as Annex 1 to these Regulations. A consumer or entrepreneur with consumer rights may use the template form, but it is not mandatory.
3. The period for withdrawing from the contract begins on the day of concluding the contract.
4. The right to withdraw from a distance contract does not apply to a consumer or a consumer entrepreneur in relation to service contracts if the Service Provider has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that the right to withdraw from the contract will be lost after the Service Provider has performed the service. The right to withdraw from a distance contract does not apply to a consumer or a consumer entrepreneur in relation to contracts for the supply of digital content that is not recorded on a tangible medium if the performance of the service began with the express consent of the Consumer or consumer entrepreneur before the expiry of the withdrawal period and after the entrepreneur informed the consumer of the loss of the right to withdraw from the contract.

9. Miscellaneous

1. In matters not regulated by these Regulations, the provisions of generally applicable law shall apply.
2. The Service Provider reserves the right to make changes to the Regulations, in particular as a result of changes in legal provisions, to the extent that these changes affect the provisions and implementation of these Regulations.

A sample withdrawal form is available for download at the link below (the form must be completed and returned if you wish to withdraw from the contract):

Annex No. 1 to the Regulations