Terms of use

Terms of Service
Date of publication: February 10, 2017
Leaders Island Józef Kącki, Podole Street 60, 30-394 Kraków, address for service: Podole Street 60, 30-394 Kraków, Poland, e-mail address: support@leadersisland.com running the business activity registered in Central Registration and Information on Business of the Republic of Poland, NIP: 7342787946, REGON: 362184181 (hereinafter referred to as „Leaders Island” or “we”, “us”, “our”) provides its services (described below) to Users through its website located at https://classes.leadersisland.com/ (the “Site”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).

Contact us via e-mail address: support@leadersisland.com or by registered letter sent to the office: address for service: Podole Street 60, 30-383 Kraków, Poland.

  1. Services Description.
    1. The Service is designed to provide to the Users online classes, online courses or educational programs (the “Service” or “Courses”).
    2. The Service is solely designed for personal and non-commercial use. With the purchase of Service and upon payment of the fees, Leaders Island grants the User a limited, non-exclusive, non-transferable, revocable license to access the Service and view courses through the Service. Except for the foregoing limited license, no right, title or interest shall be transferred to any User. The Users shall not use the Service for public performances.
    3. The User accepts that he cannot display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
  2. The Use of the Service.
    1. The User must be at least 18 years of age to use the Service.
    2. The User has to register in order to access to the Services. The User agrees to provide and maintain true, accurate, current and complete information about himself as prompted by the Service’s registration.
    3. Leaders Island is not liable for the User entry of any wrong data into the System or for the adjustment of data in the System, specifically the address data. In case the User notices error in the entered data after he had placed his order, the User should contact the Customer Service Department.
    4. The User cannot use another’s account and cannot provide another person with the username and password to access the User’s account. The User is fully responsible for all the activities that occur under his password or account. The User shall (1) immediately notify Leaders Island of any unauthorized use of his password or account or any other breach of security, and shall (2) ensure exiting from his account at the end of each session when accessing the Service. Leaders Island will not be liable for any loss or damage arising from the User’s failure to comply with this Section.
    5. Leaders Island reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The User accepts that Leaders Island will not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service.
  3. The Stages of the Service Purchasing at https://classes.leadersisland.com/
    1. The User can create an account in the on-line purchasing platform made available by Leaders Island, which enables the full access to purchased Courses (“System”).
    2. The process of purchasing the Service is composed of the following stages:
      1. selection of the Course;
      2. logging into the System/registration if the User has not registered before;
      3. providing / adjustment of the data needed for purchasing the Service;
      4. selection of the method of payment;
      5. reviewing the order, including the amount due and acceptance of the Terms of Use, including personal data processing statement for the fulfilment of the order;
      6. order confirmation by the User with the obligation to pay;
      7. confirmation of the order execution by Leaders Island by sending an email to the indicated email address with a direct web link to the Course.
  4. Registering into the System at https://classes.leadersisland.com/
    1. In order to create an account in the System and purchase the Course , the User should provide personal data:
      1. E-mail address
      2. First name
      3. Last name
      4. Country
    2. The User can himself adjust the provided data in the System.
    3. Leaders Island is not liable for the User’s entry of any wrong data into the System or for the adjustment of data in the System by the User, specifically the E-mail address. In case the User notices error in the entered data after he places the order, he should contact the Customer Service Department.
  5. Selection of the Mode of Payment for the Course.
    1. The User may pay for the Course by:
      1. PayPall
      2. Visa or MasterCard credit card
        Any potential costs related to the payment for the Course in a manner set forth in this provision of the Terms of Service shall be borne by the User.
    2. If the User wishes to receive an invoice for the purchased Service he should mark: “I want to receive an invoice” and should provide the following information:
      1. Company
      2. Tax ID
      3. Address (the Street, name and number, Postal Code, City)
  6. Completion of the Service Purchase
    1. After selecting the Course and method of payment, the User is obliged to accept the Terms of Service, check the data entered into the System by the User and confirm the will to complete the order by selecting “Purchase with the obligation to pay”. After the Terms of use are approved and after the payment is in the bank account, the User will have access to the Course and Leaders Island will send a confirmation to the User that the order has been placed and the agreement has been concluded and this confirmation will be sent to the e-mail address specified by the User.
    2. The Agreement is deemed to be concluded after the order confirmation with obligation to pay will be send by the User and the payment will be in the bank account.
    3. Leaders Island is entitled to cancel the order in the situation where the User has made the payment using stolen credit cards and is authorized to report the incident to the relevant law enforcement agencies.
    4. 4. In accordance with Article 27 of the Law on protection of consumer rights (Journal of Laws No. 2014.827) the User is entitled to withdraw from the individual agreement concluded by and between the User and Leaders Island covering one particular Service without giving any reasons within 14 days from the date of its conclusion, by sending an appropriate statement to e-mail address: support@leadersisland.com or by registered letter sent to the registered office of the company: Podole Street 60, 30-394 Kraków, Poland. The User may use the standard withdrawal form set out in Annex 1, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for the User to send his communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. In the event of withdrawal from the agreement concluded by and between the User and Leaders Island covering one particular Service, Leaders Island shall reimburse the User all payments received from the User for this Service, without undue delay and in every event no later than 14 days from the day Leasers Island is informed about the User’s decision to withdraw from the agreement covering one particular Service. Leaders Island will carry out such reimbursement using the same means of payment as the User used for the initial transaction.
  7. Complaint procedure
    1. All complaints should be reported by the User to the Leaders island via e-mail address: support@leadersisland.com or by registered letter sent to the registered office of the company: Podole Street 60, 30-394 Kraków, Poland. Complaints shall be considered within 14 days from the date of their receipt. In the event of correctly notified and justified complaints the damaged Service will be exchanged on Service of full value.
    2. If the Service is delivered damaged, defective or incompatible with the order, the User should immediately notify Leaders Island, in the manner provided for in point 1 above. Upon receiving such a complaint Leaders Island will every time contact the User and if the complaint is justified Leaders Island will arrange the transfer of Service of the full value to the User.
  8. Intellectual Property Rights
    1. The User acknowledges and accepts that any and all of the Intellectual Property Rights (which means patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in goodwill, rights in computer software, database rights, know-how and trade secrets and any other intellectual property rights, in each case whether registered or unregistered, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world) pertaining to Services are and shall remain the property of Leaders Island or its licensors. The User shall not at any time in any way question or dispute the ownership of any such Intellectual Property Rights of Leaders Island or its licensors. The User Partner also acknowledges and accepts that Intellectual Property Rights belonging to Leaders Island or its licensors can only be used in accordance with the Articles of this Terms of Service.
    2. The User shall not remove, alter, or destroy any form of copyright notice, trademark, logo, or confidentiality notice provided with any Services. The User shall not copy or resell any content or features (“Service Content”) without Leaders Island’s prior confirmation in writing.
    3. The User shall not do anything that might in any way materially infringe, impeach or lessen the value of the copyright or trademarks under which any of Services are sold and will not do anything that might prejudice the reputation or sale of any Services.
    4. The User, except the provisions of the Terms of Service, agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
    5. The technology and software underlying the Service or distributed in connection therewith are the property of Leaders Island or its licensors (the “Software”). The User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Leaders Island.
    6. The Leaders Island name and logos are trademarks and service marks of Leaders Island and any provision of this Terms of Service should be construed as granting any license or right to use any of Leaders Island Trademarks displayed on the Service.
    7. Under no circumstances will Leaders Island be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. The User agrees that he must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
  9. Indemnity and Release
    The User agrees to indemnify, defend, hold harmless and to compensate Leaders Island for any and all disruptions, damages, losses, claims, liabilities, reasonable costs (including legal costs), claims, actions of any kind and injury (including death) and reasonable expenses incurred or suffered by Leaders Island arising out of any claim of infringement or alleged infringement (including the defense of such infringement or alleged infringement) of any third party rights, including but not limited to Intellectual Property Rights, in connection with User’s conduct under this Terms of Service.
  10. Disclaimer of Warranties
    1. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. LEADERS ISLAND DOES NOT GUARANTEE THAT THE SERVICE WILL PERFORM ERROR-FREE OR TIMELY, SECURE OR UNINTERRUPTED.
    2. LEADERS ISLAND MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
    3. Leaders Island MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET THE USER’S REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (III) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THE USER’S EXPECTATIONS.
    4. IF THE USER IS DISSATISFIED WITH THE SERVICE OR WITH THESE TERMS OF SERVICE, THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
  11. Limitation of Liability
    1. TO THE EXTENT PERMITTED BY LAW, IF THE USER PURCHESED SERVICES, LEADERS ISLAND’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO SERVICES, SHALL BE LIMITED TO THE AMOUNT OF FEES THAT THE USER HAVE PAID TO LEADERS ISLAND FOR THE PAST THREE (3) MONTHS OR, IF GREATER, ONE HUNDRED EURO (€100)., AND IF SUCH DAMAGES RESULT FROM LEADERS ISLAND’S SERVICES. THIS LIMITATION IS CUMULATIVE AND NOT PER-INCIDENT.
    2. IN NO EVENT SHALL LEADERS ISLAND BE LIABLE TO THE USER FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, GOODWILL OR ANTICIPATED SAVINGS, OR LOST OR DAMAGED DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LEADERS ISLAND HAS BEEN ADVISED OF THEIR POSSIBILITY THEREOF.
  12. Governing law and disputes resolution
    1. These Terms of Service are governed by and construed in accordance with the laws of Poland, without regard to its conflict of laws provisions.
    2. All disputes, controversies or claims arising out of or in connection with or in relation to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before the Arbitration Court at the Polish Chamber of Commerce in Warsaw for arbitration. The arbitration proceedings shall be conducted in the English or Polish language, according to the choice of the User. There shall be three (3) arbitrators, one appointed by Leaders Island, one appointed by the User one appointed by Arbitration Court at the Polish Chamber of Commerce in Warsaw. The award of the arbitration shall be final and binding upon the Parties hereto. The arbitration fee shall be borne by the losing Party.
  13. Termination
    The User accepts and agrees that Leaders Island on its sole discretion, may suspend or terminate the User’s account or use of the Service, for any reason, including, without limitation, for lack of use or if Leaders Island believes that the User have violated these Terms of Service. Leaders Island may also in its sole discretion and at any time discontinue providing the Service with or without notice. The User accepts and agrees that any termination of the Service under any provision of this Terms of Service may be effected without prior notice. The User also acknowledges and agrees that Leaders Island may immediately deactivate or delete the User’s account and all related information and files in the User’s account and bar any further access to the Service. The User agrees that Leaders Island will not be liable to the User for any termination of the access to the Service.
  14. Protection of Personal Data
    1. Pursuant to the Act on Personal Data Protection of 29 August 1997 (Journal of Laws No. 2016.922 with further amendments), Leaders Island Józef Kącki, Podole 60, 30-394 Kraków, address for service: Podole 60, 30-383 Kraków, Poland, e-mail address: support@leadersisland.com running the business activity registered in Central Registration and Information on Business of the Republic of Poland, NIP: 7342787946, REGON: 362184181, is the personal data controller.
    2. The User agrees to the processing of his/her personal data by Leaders Island (provided that the User explicitly expressed such consent by registering his account at classes.leadersisland.com) in order for purchase the Service, to support the User account and in order to obtaining the Service and for handling complaints.
    3. The User may, at any time, inspect his/her personal data and demand its removal by Leaders Island.
    4. Leaders Island collects and processes personal data of the Users in accordance with applicable laws in order to purchase the Service and to support the User account. Leaders Island may process the personal data of the User until the end of the use of a Service, and thereafter only personal data that are necessary for settlement Services and redress in respect of payments for the use of the Service, and which are necessary to clarify the circumstances of the unauthorized use of the Service (in accordance with the rules or of applicable law).
    5. When the User has finished using the Service provided by electronic means leaders Island collects and processes personal data of the Users in accordance with applicable laws also for purposes of advertising, market, research the behavior and preferences of users with the intended results of these tests for the purpose of improving the quality of Services provided by Leaders Island only if the User agrees to such processing of personal data.
    6. Personal data are processed by Leaders Island in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data (Journal of laws No. 2016.922 with further amendments) and in accordance with the Act of 18 July 2002 on the provision of services by electronic means (Journal of laws No. 2016.1030 with further amendments).
    7. The User has the right of access to his/her own personal data and correct them. Provision of the personal data by the User is completely voluntary; however, provision of certain data is required for performance of the services by Leaders Island.
    8. The personal data provided by the User in an individual user account, the User can edit and delete. The User can also refer to Leaders Island with the request to remove an individual account by sending a request to the following e-mail address: support@leadersisland.com with the e-mail address currently registered in the application.
  15. The modifications od the Terms of Service
    Leaders Islands reserves the right, at his sole discretion, to change or modify (in whole or in part) of these Terms of Service at any time. If Leaders Island does this, Leaders Island will post the changes on classes.leadersisland.com. The information about the changes will be also notified through the Services’ user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. If the User continues using of the Service after the date any such changes become effective this means the User’s acceptance of the new/modified Terms of Service.
  16. General
    1. These Terms of Service constitute the entire agreement between the User and Leaders Island and govern the use of the Service. In case the arbitration clause is determined to be unlawful, invalid, void or for any reason unenforceable, the place of jurisdiction for all civil disputes should be the courts located in Krakow, Poland.
    2. Any waiver of any right under this Terms of Service is only effective if it is in writing and it applies only to the circumstances for which it is given. Any failure to exercise, or any delay in exercising, a right or remedy by the User or Leaders Island shall not constitute a waiver of that right or remedy, or of any other rights or remedies.
    3. In the event any provision (or part of a provision) of this Terms of Service is found by a court to be unenforceable, this Terms of Service shall be construed as if said unenforceable provision (or part thereof) had not been contained herein; such unenforceability shall not affect any other provision of this Terms of Service.
    4. The User may not assign this Terms of Service without the Leaders Island’s prior written consent and any attempted assignment, delegation or transfer shall be void. Leaders Island may assign or transfer this Terms of Service, in whole or in part, without restriction.
    5. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

 

ANNEX 1
MODEL WITHDRAWAL FORM
(complete and return this form only if you wish to withdraw from the contract)
Addressee
Leaders Island Józef Kącki
ul. Podole 60
30-394 Kraków

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (one particular Service)
………………………………………………….
– The date of conclusion of the agreement covering one particular Service:
………………………………………………….
– A first and last name of the consumer(s)
– The Address of the consumer(s)
– The signature of the consumer(s) (only if this form is notified in writing)
– Date
(*)delete as appropriate

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