Terms and Conditions

TALKS IN THE CITY” INTERNET SERVICE

TERMS AND CONDITIONS

 

I.        GENERAL PROVISIONS

 

1.The following terms and conditions (“Terms”) govern the conditions of access and use of the „Talks In The City” internet service available at the URL talksinthecity.pl and via mobile applications (the “Service”).

 

2.The Service is administered by “Talks In The City spółka z ograniczoną odpowiedzialnością w organizacji” domiciled in Warsaw (00-640), Mokotowska 1, e-mail: admin@talksinthecity.pl, tel: +48 609 459 374 (the “Administrator”).

 

3.The phrases used in the Terms have the following meaning:

 

a)       Application – application for mobile devices which allows to use the Service;

b)       Data – personal data of the User as provided during registration with the Service or applying as a candidate to become a Teacher;

c)       School – an entity (a natural person conducting business, a legal person or an organizational unit with legal capacity under the law) which may use the Service as set out in the Terms;

d)       Authorization Code – a code confirming that a Lesson has taken place, which the Teacher hands over to the Student;

e)       School Code – a code enabling Students to use the School’s Balance;

f)        Account – an account of a User registered with the Service;

g)       Lesson – a service consisting of a single visit of the Teacher in the place specified by the Student in order to conduct a foreign language lesson;

h)       Teacher – a natural person who provides foreign language lessons using the Service;

i)        Balance – the funds which the User can use to order Lessons (for Students and Schools) or which can be withdrawn (for Teachers);

j)        Website – website of the Service, available at the URL talksinthecity.pl;

k)       Student – a natural person who may use the Service as set out in the Terms;

l)        Agreement – the agreement between the Administrator and the Teacher which specifies the rules of cooperation in relation to providing Lessons;

m)User – School, Student or Teacher.

 

4.The Service allows Students to search for Teachers, organize Lessons, verify that a Lesson has taken place and make payments for the Lessons.

 

5.The services of the Service are performed on the territory of the Republic of Poland.

 

6.Accessing the Service is possible by using devices with access to the Internet, with software to browse its resources (internet browsers: Internet Explorer 7 or newer, Google Chrome 9 or newer, Mozilla Firefox 3.5 or newer, Opera 9 or newer, Safari 3 or newer as well as internet browsers of mobile devices (Apple iPad and iPhone, Android tablets and phones as well as Windows, Windows Phone devices)) or by using the Application available for iOS, Android or other platforms – as indicated on the Website.

 

7.The Service shall be used in accordance with the regulations of the law and the Terms.

 

8.Any action contradicting the law or the Terms is prohibited while using the Service. This includes, in particular, any action that may destabilize the use of the Service, hamper access to the Service or the use of it, or which may violate rights of the Administrator or third parties. It is prohibited to publish any illegal content in the Service. The Administrator does not inspect the content published to the Service by the Users. If the Administrator receives a notice from a public authority or credible information that any data from the Users hosted by the Service is illegal, the Administrator will, without undue delay, prohibit access to such data.

 

9.There may be pauses in the Service’s operation, when the User would not be able to use it – especially caused by maintenance work or amendments or enhancements being implemented to the Service. If possible, the Administrator will inform if there is a maintenance session planned and how long it is expected to take, by using available measures, especially by publishing a notice on the Website.

 

10.The Administrator informs that it uses its best efforts to ensure using the Service is as secure for the Users  as possible. However, the Administrator informs that there is a potential, particular risk of using the Service, as well as using any other internet services, of third parties obtaining unauthorized access to the Service (so-called “hacking”), which may introduce unpredictable changes to the Service’s operations. The Administrator recommends that User should set a strong password and it should not be save in the browser.

 

 

II.      USAGE OF THE SERVICE – STUDENTS

 

1.To use the Service as a Student, it is required to:

 

a)be of full capacity to perform acts in law;

b)set up an Account with the Service providing one’s Data and a username (login) and password in the registration form on the Website or in the Application. The registration process may include the requirement to verify the submitted email address by clicking the provided activation link;

c)using the Service’s functionality, find a preferred Teacher, make a payment (by adding funds to the Balance or the use of School’s Balance if the Student is assigned to the School and the Student not exhausted the limit the School’s Balance) and order a Lesson with him or her;

d)after the Lesson is finished, confirm that it has taken place by using the Authorization Code as provided by the Teacher.

 

2.Registering with the Service constitutes entering into an agreement with the Administrator regarding provision of services in accordance with the Terms. The services provided by the Administrator under the agreement consist of enabling the ability to search for Teachers in the Service. The agreement is concluded for an unspecified time. These services are provided free of charge.

 

 

III.     USAGE OF THE SERVICE – SCHOOLS

 

1.The School’s account with the Service is set up by individual contact with the Administrator and entering into an agreement with the Administrator.

 

2.The Schools may hand over a School Code to Students, which enables Students to pay for the Lessons while using the School’s Balance.

 

3.By using the Service’s functionality, the School may “disconnect” a Student from the ability to use the School’s Balance. In such case, the Student reverts to his or her own Balance.

 

4.The School may not order the Lessons by itself – the Lessons are ordered by Students who use the School’s Balance.

 

 

IV.    USAGE OF THE SERVICE – TEACHERS

 

1.In order to become a Teacher, it is required to:

 

a)be of full capacity to perform acts in law;

b)fill in the application form available on the Service, attaching a resume file;

c)enter into the Agreement with the Administrator.

 

2.After entering into the Agreement the Teacher receives access to his or her Account and the Service’s functionalities enabling receiving orders from Students regarding giving Lessons.

 

 

V.      ORDERING LESSONS

 

1.While ordering a Lesson, the Student chooses the language and specialization which the Lesson shall be taken in, the time and length of the Lesson and a place where is shall take place.

 

2.The Teacher may accept or decline a request regarding a Lesson or propose postponing the Lesson. If the request is declined, the Lesson does not take place. If the Teacher proposes to postpone the Lesson, the Student may accept such proposal (in which case the Lesson takes place as agreed) or decline it (the Lesson does not take place then).

 

3.When the Teacher accepts a request to give a Lesson, an agreement concerning providing a service of the Lesson in accordance with the Terms is entered into between the Student and the Administrator. At the same time, the funds equivalent to the cost of the Lesson are collected from the Student’s Balance. If the Student had activated a School Code, the fee is collected from the School’s Balance. When the request is accepted, the Administrator sends a confirmation of conclusion of the agreement to Student’s email address.

 

4.If a Lesson has taken place, the Student shall receive an Authorization Code from the Teacher, which the Student shall input in the Service.

 

5.If the Lesson has not taken place despite being accepted by the Teacher because of the Teacher’s absence in the agreed place, the funds collected form the Balance are returned. If the Lesson has not taken place because of the Student’s absence, the funds are not returned.

 

 

VI.    PAYMENTS

 

1.Ordering Lessons is a paid service. The fees for Lessons are paid in advance by adding funds to the Balance or ,appropriately, Student does not bring it if the Student uses the School’s Balance and the Student has not exhausted a quota limit of her/his School’s Balance (if the Student exceeds the limit can not be order Lessons). The Student can use only one the School’s Balance. Funds in the School’s Balance are not owned by the Student (it’s not a private property for Student) and School may change the School’s Balance for each Student individually, at any time.

 

2.To order a Lesson, it is required to have funds on the Balance sufficient to pay for a particular Lesson. If the Student uses School’s Balance, she/he can not exceed the limit of the School’s Balance.

 

3.The funds to the Balance may be added by using the Service’s functionality via the online payments operator Transferuj.pl. Adding funds to the Balance may only be performed by electronic means. The available methods of payment are displayed on the Website. Only a Student who enters the School Code and she/he will be approved by the School can order Lessons using the School’s Balance. In such case, private Balance is "frozen ", which means that the Student could order Lesson only by the School’s Balance and the Student can not supply his/her private Balance and use his/her private Balance to order Lesson. The private Student Balance will be " unfrozen " at the time of disconnection with School’s Balance. Student can disconnect independently from School’s Balance or the School can disconnect the Student from School’s Balance (School and Student receives a confirmation by the e –mail). Student disconnected from School’s Balance may use the Service and / or Application on condition that she/he supplies ,individually, the Balance.

 

4.In case of resigning from the Service, as indicated in clause IX of the Terms, the Student or the School will receive a reimbursement of funds on the Balance available on the moment of resignation.

 

5.In accordance with provisions of law, at User’s request the Administrator will issue an invoice to the User regarding providing services of Lessons.

 

6.The Agreement specifies the procedure of settling payments between the Administrator and the Teacher.

 

 

VII.   PERSONAL DATA PROTECTION, COOKIES

 

1.The Administrator of Data submitted by the Users is The Administrator: „Talks In The City spółka z ograniczoną odpowiedzialnością w organizacji” domiciled in Warsaw (00-640), Mokotowska 1.

 

2.The Administrator will be processing the following data of Users in the Service:

 

a)email address;

b)name;

c)surname (which is not required to be submit for Students);

d)in case of the Teacher – Teacher’s data as indicated in the Agreement and the application form;

e)in case of the School – the data as indicated in the agreement with the Administrator.

 

3.The Data will be processed in order to provide the services of the Service.

 

4.In order to realize the payment in the Service, during the processing of each payment the Administrator authorizes the operator of the service Transferuj.pl, i.e. the company Krajowy Integrator Płatności S.A. domiciled in Poznań (61-808), Św. Marcin 73/6, registered in the entrepreneurs register maintained by the District Court of Poznań-Nowe Miasto i Wilda in Poznań, VIII business department of the National Court Register under the KRS number 0000412357, NIP number 7773061579, REGON number 300878437, share capital of 4 798 500.00 zł (fully paid up), to process the Data of the Users.

 

5.The Administrator authorizes Magdalena Zarych, conducting business under the business name “Magdalena Zarych MEGITEAM”_domiciled in Kraków (31-525), Misiołka 5/1, _NIP number 6861470242, REGON number 180245868, to process the Data of the Users in the scope of its storage (hosting),_every time the Data is submitted by the User.

 

6.The User has the right to view his or her Data and has the possibility to amend it.

 

7.The User’s Data is protected in accordance with the relevant provisions of law, by using technology preventing third parties’ access to it.

 

8.The Data is submitted voluntarily, however failing to provide it by the User or not granting a permission to process it to provide services by the Service prevent the ability to provide the services.

 

9.Within the website, the Administrator may enter specific data into the User’s communications system, which is not a component of the services provided by the Service (co-called cookie files). The cookie files are used in the Service for providing login functionality (supporting user sessions).

 

10.The Website uses session cookie files (temporary, stored in the user’s system until logging out).

 

11.Any user of the Website may specify by themselves the preferred method of handling cookie files (including limiting or switching these off) by changing the settings of the internet browser, among other methods. Detailed information about the possibility and ways of handling cookie files is available in the settings of the user’s internet browser. Limiting the use of cookie files may influence the functioning of the Site.     

 

 

VIII. COMPLAINTS

 

1.The User may send complaints to the Administrator in cases related providing services by the Service – by using the contact form, by email sent to reklamacje@talksinthecity.pl or by using the “Complaint” function available in the Service.

 

2.If a Student or a Teacher believe that a Lesson was conducted incorrectly (for example a person did not attend a Lesson), he or she can inform the Administrator by the use of the “Complaint” function available on the Site, while describing the reason of complaint.

 

3.A complaint made in writing should include: name, surname, email address of the User and also should include the reason of complaint and its accurate description.

 

4.Within 14 days of the complaint the Administrator evaluates the complaint. The User will be notified about the result of the complaint by email sent to the address provided by the User. If it is necessary to supplement the data in the complaint the Administrator will ask the User to do so. In such cases, the term for evaluating the complaint is counted from the day when the complaint’s supplementation is submitted.

 

 

IX.     RESIGNATION, WITHDRAWAL FROM THE AGREEMENT

 

1.The Student or the School has the right to resign from the services provided in the Service and to the delete the Account in the Service (to terminate the agreement with the Administrator), anytime and for convenience, as well as to receive reimbursement of the unused funds on the Balance by contacting with the Administrator in writing (by a document delivered to the Administrator’s contact address as provided in clause I), by email sent to admin@talksinthecity.pl or by the use of the contact form available in the Service. The deletion of the Account will be carried out in 14 days of receiving such information by the Administrator. For important reasons, the Administrator has the right to terminate the agreement with the Student, with a monthly notice period, for important reasons, by informing the him or her about it in writing or via email.

 

2.The Teacher’s resignation from the cooperation with the Service may be conducted as described in the Agreement. The School’s resignation from the cooperation with the Service may be conducted as described in its agreement with the Administrator.

 

3.In accordance with the provisions of the act of May 30, 2014 r. on consumer rights, the User has the right to withdraw from the agreements with the Administrator, that is the agreement entered into by registering with the Service and the agreement on providing a service of the Lesson, in writing (by a document delivered to the Administrator’s contact address as provided in clause I), within 14 days of the entering into the particular agreement (to meet the deadline, the date of sending or submitting the declaration prevails). The agreement withdrawal declaration may be submitted using the form the specimen of which is attached to the Terms as well as to the abovementioned act. The Administrator shall confirm to the User that such declaration was received, without undue delay.

 

4.In case of a termination of the agreement or a withdrawal from it by the user (as set out above), the Administrator shall return the unused sums on the Balance without undue delay, no later than 14 days since receipt of the declaration regarding termination or withdrawal from the agreement. The funds are returned by using the same payment method of payment that the User had used (unless the User agrees to a different method of return), with no additional costs to the User.

 

5.The right to withdraw from the agreement is not available with regard to the service of the Lesson, if the service was performed, that is, the Teacher arrived to the arranged place as ordered.

 

 

X.      FINAL PROVISIONS

 

1.The Terms are available on the Website.

 

2.The Administrator has the right to amend the Terms, while the changes of the Terms shall not affect the previously acquired rights of the Users, i.e. the version effective on the date of ordering the Lesson shall be applicable to a Lesson ordered before implementing the changes to the Terms.

 

3.When the Terms are amended, the Administrator will inform the Users about it by publishing the new Terms on the Website and by an e-mail informing about the changes. The User accepts the changed Terms while first logging on to the Service after the changes have been made. Should the User not accept the new Terms, he or she has the right to resign from the Service in the manner set forth in clause IX of the Terms.

 

 

APPENDIX: AGREEMENT WITHDRAWAL DECLARATION SPECIMEN

(the form shall be filled in and sent only in case of one’s will to withdraw from the agreement)

 

-Addressee: Talks In The City spółka z ograniczoną odpowiedzialnością w organizacji, Mokotowska 1, 00-640 Warszawa, e-mail: admin@talksinthecity.pl

 

-I/Us(*) hereby declare the I/we(*) withdraw from the contract of providing the following service: ___

 

-Date of conclusion of the agreement: ___

 

-Name(s) and surname(s) of the consumer(s): ___

 

-Address of the consumer(s): ___

 

-Signature(s) of the consumer(s): ___

 

-Date: ___

 

(*) – delete as approriate