Terms of service

 

 

Thank you for visiting the website of our service available at the Internet address http://feek.live (hereinafter referred to as: „Feek.live”, „Web portal”, „Portal”). The form of these Terms of service assumes to establish general principles and conditions for use of the Online Service. These terms and conditions, in the event of a decision by the service user to use Feek.live, regulate in particular conditions of use of the Online Service, including issues of our responsibility.

1) ABOUT US

The Owner of Feek.live is Anna Błahut entered into the Central Registry and Information on Business of the Republic of Poland (PL-CEIDG) kept by the competent minister of economy, with an address of business operation and service address at: ul. Brzozowa 3, 62-023 Kamionki, TAX ID: 7772810518, REGON: 301735846 and electronic mail address: contact@feek.live (hereinafter referred to as: „Service Provider”).

2) DEFINITIONS

1. Definitions used in these Regulations means:

a. PRICE-LIST – price-list of the remitted Web Portal’s functionalities as well as Electronic Services available in the section „Price-List” at the Website.

b. WORKING DAY – one day from Monday to Friday excluding public holidays.

c. CIVIL CODE – the 23rd of April 1964 Civil Code Law (Journal of Laws of 1964 no. 16, pos. 93 further amended).

d. ACCOUNT, PROFILE – Electronic Service, annotated with an individual name (e-mail address) and password given by the Service User within the Servie Provider’s information and communication technology (ICT) system, which collects data provided by the Service User and information regarding User’s activities in the Web Portal. The Account enables usage of other Electronic Services available at the Portal when possesing an account is required.

e. ADVERTISEMENT – an annoucement placed by the Servise User at the Web Portal concerning giving private lessons within the Web Portal. Advertisements is for inrrmation purposes and does not constiture an offer within eht meaning of Article 66 § 1 of the Civic Code

f. COPYRIGHT ACT – the 4th of February 1994 Copyright and Related Rights Law (Dz. U. No. 24, pos. 83, as amended.)

g. PRODUCT – an Electronic Service for a fee available on the Web Portal, being the subject of a Sales Agreement between Service User and Service Provider.

h. TERMS AND CONDITIONS – the following Website terms and conditions.

i. PORTAL INTERNETOWY, PORTAL, FEEK.LIVE – the online service of the Service Provider available at the Internet address http://feek.live.

j. ELECTRONIC SERVICE – a service rendered electronically by the Service Provider to the benefit of the Service User via the Online Service under the Terms and Conditions.

k. SERVICE USER – (1) a natural person with full legal capacity and, in instances provided for by the commonly applicable regulations also a natural person with limited legal capacity (i.e. to be over 13 years old unless is incapacitated; (2) a legal entity; or (3) an organizational entity without a legal personality, on which the law bestows legal capacity – which uses or intends to use Electronic Services available in the Online Service, including concluding or intending to conclude Sales Agreement.

l. SERVICE PROVIDER – ELŻBIETA KOPER entered into the Central Registry and Information on Business of the Republic of Poland (PL-CEIDG) kept by the competent minister of economy, with an address of business operation and service address at: ul. Zgierska 10/11, 04-092 Warszawa, TAX ID: 1181201902, REGON: 364401837 and electronic mail address: contact@feek.live.

m. THE CONSUMER RIGHTS ACT, THE ACT – the 30th of May 2014 Consumer Rights Act (Journal of Laws f 2014 pos. 827 further amended.

3) GENERAL PROVISIONS OF THE USAGE FEEK.LIVE

1. The Service User is obliged to use Feek.live in a manner consistent with their purpose, with the Documentation, with these Rules and Conditions and in accordance with the law and good practice having regard to respect for personal rights, personal data and copyright and intellectual property of the Service Provider, other Service Users and third parties. The Service User is obliged not to deliver any illegal content.

2. Technical requirements essential to support the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia with Internet access; (2) e-mail access; (3) Web browser supporting WebRTC technology: Mozilla Firefox version 54.0 or higher, Opera version 46.0 or higher, Google Chrome version 59.0; (4) enabled option to save Cookie files and JavaScript support in the Internet browser (5) microphone and webcam.

3. The Service Provider obeys 18th of July 2002 Act on Rendering Electronic Services, art. 14, paragraph 1 with amendments according to which: one does not bear any responsibility for storing data in the ICT system if is not aware of unlawful nature of the data or related activities, and in case of receiving official notification or reliable information about the unlawful nature of the data will immediately prevent access to this data.

4) ELECTRONIC SERVICES AVAILABLE IN THE SERVICE

1. Each Service User is allowed to use the Online Service under the conditions specified in the Terms and Conditions.

2. The Service User is allowed to use the following Electronic Services in the Online Service:

a. User’s Account;

b. Message;

c. Advertisement;

d. Room;

3. Detailed description of the Electronic Services and their mode of operation is available in the Rules and Conditions as well as on the Web Portal, especially in the section: “Frequently Asked Questions” and Price-List.

4. In order to have access to Electronic Services it is necessary to create a User’s Account.

5. The Service Provider is obliged to provide Electronic Services without defects.

5) THE ACCOUNT (PROFILE)

1. The Account Electronic Service is provided free of charge for an indefinite time.

2. Create and use an Account is possible after performing a total of three subsequent steps by the Service User – (1) filling out the Registration Form, (2) clicking on the action field and (3) confirming will of creating the Account by clicking in the link sent automatically on the e-mail address given in the registration Form. The Registration Form requires the Service User to provide the following data: name and surname/company name, e-mail address, sex and password.

3. The Service User has the option, at any time and without stating a reason, to delete their Account by accessing the appropriate option available under the Account or by sending a corresponding request to the Service Provider, in particular via e-mail at the address: contact@feek.live or in writing at the address: ul. Zgierska 10/11, 04-092 Warszawa.

4. Accounts are divided into categories; Feeker Account, dedicated to users learning a foreign language and Tutor Account, dedicataed to language teachers. Usage of the Account type: Feek Free and Feek Start is free of charge. Usage of the Feek Basic and Feek Full as well as Feek Short and Feek Long requires concluding a Sales Agreement mentioned in the paragrapgh 6 in the Terms and Condions. More detailed information regarding functionalties available at the Web Portal are given in the section „Frequently Asked Questions” and „Price-list”.

5. The Account gives access to Conversation Rooms and enables chatting with other users.

6) PRODUCT SALES AGREEMENT

1. Part of the Web Portal is Portal that enables conclusion of the sales agreements. Kinds of products, its descriptions and prices are listed in the section “Price-list” available at the Web Portal.

2. Products that are available at the Portal a Service User may purchase using Order Form that is available at the Portal – in such case, the Sales Agreement is concluded with the moment of filling in the Order form and clicking the active field “I order and pay”.

3. Use of the Order Form begins upon addition by the Service User of the first Product. Placement of an Order is effected after the Customer performs a total of two subsequent steps – (1) fills out the Order Form and (2) clicks the “I order and pay” button on the Online Service– from that point on there is a possibility of individual modification of the entered data (to do that, follow the instructions displayed onscreen and information available at the Online Service’s website). In the Order Form it is essential for the Customer to provide the following data: name and surname/company name, address (street, house/flat number, postal code, town/city, country), e-mail address, contact telephone number and information regarding the Sales Agreement: Product/s, quantity of Products, place and method of Product delivery, method of payment. In the case of non-consumer Customers it is also necessary to provide the company name and Tax ID number.

4. The price for the product available in the Web Portal is depending on the chosen language version of the Portal given in PLN or EUR and includes taxes. Regarding a total price including taxes the Service User is informed on the specific sections on the Portal whilst placing an Order as well as the moment of accepting the Sales Agreement.

5. The recording, securing and provision of contents of the concluded Sales Agreement to the Customer takes place though (1) making these Terms and Conditions available on the Online Service’s website and (2) sending the Customer the message of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller’s Online Store ICT system.

6. Method and term of Product delivery: Product delivery to Customer is made immediately without a delay, though not later than 1 working day since the day of conclusion of the Sales Agreement by granting access to the Web Portal functionalities to the Customer.

7. Method and payment term regarding Sales of the Product:

a. Service Provider makes the following methods of payment:

i. Payment via transfer to the Service Provider bank account.

ii. Electronic payments via the PayPal.com service. Servicing of electronic and pay card payments is handled       by PayPal (Europe) S.à r.l. & Cie, S.C.A. Company, 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg.

b. Payment term – Service User is obliged to issue the payment within 7 Working Days from the Sales Agreement conclusion date.

7) TERMS OF PLACING AN ADVERTISEMENT IN THE WEB PORTAL

1. One of the Web Portal’s functionalities is placing by the Service User who is a private tutor advertisement including information regarding details about the provided lessons which is available at the Web Portal. Placing an advertisement is possible by filling in the Advertisement Form. Depending on the kind of advertisement it is essential to provide data specified in the Advertisement Form and clicking action field. The advertisement is available at the Web Portal within 24 hours since the moment of clicking action field.

2. Placing an advertisement is for a fee. Regarding fee amounts Service User is being informed before concluding a Sales Agreement – all fees are specified in the section „Price-list” available on the Web Portal before using such an Electronic Service.

a. Service User is obliged to make a payment without a delay and not later than 7 days after conducting the Sales Agreement.

b. Service Provider makes the following methods of payment:

i. Payment via transfer to the Service Provider bank account.

ii. Electronic payments via the PayPal.com service. Servicing of electronic and pay card payments is handled      by PayPal (Europe) S.à r.l. & Cie, S.C.A. Company, 5th floor 22–24 Boulevard Royal, L-2449, Luxembourg.

3. The Service User who places an advertisement in the Web Portal is obliged to provide only reliable information without misleading other Users.

4. The Service User placing an advertisement is obliged to provide only reliable information that are according to the current situation, understandable and not misleading other Users. The placed advertisement needs to be in accordance with the commonly applicable regulations or regulations towards Third Parties. The advertisement should actual intents of the Service User and shoud be in accordance with the good customs, and in respect of the personal rights, copyrights and and intellectual property rights of the Service Provider and third Parties.

5. The Service User is prohibited from providing unlawful information, advertising contents of competitive portals towards the Web Portal including website links, names or logos of such Portals or any other information that are supposed to encourage the Service Users to visit such portals.

8) CONTACT WITH THE SERVICE PROVIDER

The essential form of the current communication at a distance with the Service Provider is contact form, electronic mail (e-mail: contact@feek.live) and traditional mail (ul. Zgierska 10/11, 04-092 Warszawa), through which the user may exchange with us information about Feek.live. The Service User may also contact the us in other ways permitted by law.

9) COMPLAINTS REGARDING FEEK.LIVE

1. Complaints regarding functionalities of the Web Portal including purchases complaints can be submitted for instance via e-mail to the following address: contact@feek.live or in writing to the following address: ul. Zgierska 10/11, 04-092 Warszawa.

2. It is recommended that the Service User provides the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a Service User's request; and (3) the claimant’s contact information – this will facilitate and expedite investigation of the complaint by the Service Provider. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.

3. The Service Provider shall address the complaint without delay, no later than within 14 calendar days from the date of submission. In case of consumers when the Service Provider does not assume an attitude the complaints is considered to be accepted.

10) WITHDRAWAL FROM AN AGREEMENT BY THE CONSUMER

1. This section of the Terms and Conditions applies only to the Service Users who are consumers.

2. The right to withdraw from an agreement concluded remotely does not apply in the case of agreements (1) on rendering services, if the Service Provider has fully performed the service at the express consent of the consumer, who was informed prior to the commencement of services that the right to withdraw from the agreement shall be lost upon completion of the service by the Service Provider; (2) agreements regarding a Product delivered in a sealed package, which is impossible to return upon opening due to health safety or hygienic reasons, if the packaging was opened upon delivery; (3) regarding the delivery of digital content, which are not recorded on a physical carrier, if the performance of services was commenced with the express consent of the consumer before the expiry of the agreement withdrawal terms and after the consumer was previously informed by the Service Provider of the loss of rights to withdraw from the agreement.

3. Subject to paragraph 10.1 of these Terms and Conditions a Consumer who entered into an agreement remotely may within 14 calendar days withdraw from said agreement without stating a cause and without incurring costs, with the exception of costs incurred in clause 8.8 of the Terms and Conditions. In order to meet the above deadline, it is sufficient to send the declaration of withdrawal before it expires.

4. Possible costs associated with the Consumer’s withdrawal from the agreement payable by the Consumer: In the event of service Products, the provision of which – at the clear request of the Consumer – is commenced before the agreement withdrawal deadline, the Consumer exercising their right to withdraw from the agreement upon submission of such a request is obliged to pay for the services provided until the time of withdrawal from the agreement. The payment amount is calculated proportionally to the scope of services provided, taking into consideration the price or remuneration stipulated in the agreement. If the price or remuneration are in excess, the basis for calculating said amount is the market value of services rendered.

5. The declaration of withdrawal may be submitted e.g. in writing at the address: ul. Zgierska 10/11, 04-092 Warszawa or electronically via e-mail at the address: contact@feek.live.

6. The course of the term to withdraw from the agreement begins: 

a. for agreements in the performance of which the Seller releases the Product under obligation to transfer its ownership (e.g. Sales Agreement) – on the date of Product ownership acquisition by the Consumer or a specified third party other than a carrier, and in the case of an agreement which: (1) encompasses multiple Products which are delivered separately, in batches or in parts – on the date of the final Product, batch or part ownership acquisition, or (2) involves regular delivery of Products over a specified time – on the date of the first Product’s ownership acquisition;

b. for other agreements – on the agreement conclusion date.

11) EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS, AS WELL AS RULES OF ACCESS TO THOSE PROCEDURES

1. This section of the Terms and Conditions applies only to the Service Users who are consumers.

2. Detailed information regarding the possibilities for Customers who are consumers to use extrajudicial methods of settling complaints and asserting claims, as well as the rules of access to those procedures are available on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

3. By the President of the Office of Competition and Consumer Protection operates a contact point (telephone number: +48 22 55 60 333, email address: kontakt.adr@uokik.gov.pl or address: Pl. Powstańców Warszawy 1, 00-950 Warszawa), tasked, among other things, with helping consumers in cases concerning extrajudicial settling of consumer disputes.

4. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to the permanent amicable consumers’ court (more information at a page: http://www.spsk.wiih.org.pl/); (2) an application in a matter of extrajudicial settling of a dispute to the regional inspector of the Commercial Inspection (more information available on a page of the inspector competent due to a Seller’s place of business operation); (3) a aid of the district (municipal) consumer advocate or a social organization, whose tasks include the protection of consumers (incl. the Consumers’ Federation, Polish Consumers’ Association). Advice is provided at the e-mail address porady@dlakonsumentow.pl and under the consumer hotline number 801 440 220 (the hotline operates on Working Days, from 8 a.m. to 6 p.m., connection fee according to operator’s tariff).

5. At the address http://ec.europa.eu/consumers/odr there is available a platform of online dispute resolution system between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with one-stop service for consumers and businesses seeking an out-of-court settlement of disputes concerning contractual obligations arising from an online sale or an online service contract (more information on the site of the platform or at the online address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php.

12) PROVISIONS REGARDING ENTREPRENEURS

1. This section of the Terms and Conditions and provisions contained herein relate exclusively to Customers and Service Users who are not consumers.

2. The Service Provider is entitled to remove contents added by a Service User who is not a consumer if considers them to be not applicable with the general subject of the Web Portal, not true, immoral, unreliable, offensive or violate the law.

3. The Service User who is not a consumer in case of resignation of the Account is not entitled to get a refund for the remaining time of the remitted Electronic Services.

4. The Service Provider is entitled to withdraw from providing an Electronic Service concluded with the Service User who is not a consumer within 14 calendar days from it conclusion. Agreement in such an instance may take place without stating a cause and does not entitle the Customer who is not a consumer to any claims towards the Seller.

5. The Service User who is not a consumer is not entitled to withdraw from the Agreement concluded with the Service Provider.

6. The Service Provider may terminate an Electronic Service Provision agreement with immediate effect and without stating the cause by way of sending a corresponding statement to the Service User.

7. The Service Provider is entitled at any time to take actions in order to verify reliability, precision and genuineness of the data provided by the Service User who is not a consumer. For the verification the Service Provider is entitled (i.e.) to demand from the Service User who is not a consumer sending scanned documents: certificates or other documents that can attest qualifications. During time needed for the verification the Service Provider is entitled to suspend the Account of the Service User who is not a consumer.

8. The Service Provider bears responsibility towards the Service User who is not a consumer only up to a limit of last paid fee for the usage of the Web Portal and in case such payment had not been done only up to 1,000 (one thousand ) PLN. The Service Provider bears responsibility towards the Service User who is not a consumer only for typical and in fact suffered damages that can be specified the moment of conclusion of the Agreement excluded lost benefits.

9. The Service Provider does not bear any responsibility towards a Service User who is not a consumer for suffered damages resulting from force majeure or any other reasons that are beyond the Service Provider’s influence.

13) COPYRIGHT

1. Copyright and intellectual property rights to the Online Service as a whole and to its individual components, including content, graphics, works, specimen and marks available as part of it belong to the Service Provider or other authorized third parties and are protected by the Copyright Law and other provisions of generally applicable law. The protection granted to the Online Service and to the Application includes all forms of their expression.

2. The Service Provider’s and third parties trademarks should be used in accordance with the applicable provisions of law.

14) LIMITATIONS OF SUBJECT MATTERS AND CONTENTS PUBLISHED AT THE WEB PORTAL

The following section of the Terms and Conditions concerns services and products that cannot be the subject of an offer placed at the Web Portal or for which applicable restriction apply, without prejudice to the provisions of generally applicable law.

The subject of advertisements placed in the Web Portal cannot be:  

1. Information regarding Users that enable direct communication with the User that does not concern the main goal of the Portal, other websites addresses published without knowledge and acceptance from the Service Provider as well as persuading other users to publish such contents;

2. Offensive contents that are not applicable with polish or international law that are not in accordance with good customs or spreading hatred, discrimination or violating moral customs;

3. SPAM;

4. Services or products, photography (also digital) that contain pornographic or erotic contents, especially with the participation of people that are under 18 years old, containing violence or with the participation of animals;

5. Products or photography (also digital) containing contents: spreading hatred toward nationalities differences, racist or religion;

6. Psychotropic substances, drugs, especially designer drugs as well as other substances which are intended to be used as substitutes no matter whether those substances are prohibited by the applicable law or not;

7. Explosives and pyrotechnics (e.g. fireworks, hoods or flares);

8. Alcohol or tobacco products as well as unprocessed tobacco;

9. Company shares, paper obligation or other debts, insurance policies, insurance products as well as any other financial instruments that can be offered as the way of investing money capital with the exception of securities in its physical form in its collectible value;

10. Medical products that are available only under the prescription;

11. Human or animal organs;

12. Live or dead animals (as well as parts or derived products) that belong to species included in the current Annexes A-D to Council Regulation No. 338/97 of the 9th December 1996 regulation regarding protection of flora and fauna due to regulations controlling trading with them;

13. Weapons and ammunition that possessing is restricted under law regulation, especially when it is required to be registered as well as: gas throwers, pepper spray, whether or not its possession is restricted by the applicable law;

14. Dogs and cats that are being the subject of trading outside of their breeding ground and animals without metric or lineage.

15) FINAL PROVISIONS

1. Agreements concluded through the Feek.live are concluded in accordance with the Polish law and are drawn up in Polish.

2. Amendment of the Terms and Conditions – the Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; adding new Electronic Services – in a scope, in which such changes influence the execution of provisions of these Terms and Conditions and change in methods of payment. The amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384[1] of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the agreement within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the agreement.

3. In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204; the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.

4. These Terms and Conditions shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Service Provider, which cannot be excluded by agreement. Service Provider warrants in this case, the consumer protection afforded to them by provisions which cannot be excluded by agreement.

Thank you for careful reading!
Should you have any questions, we are always available - please contact us.
We invite you to cooperation,
Feek.live Team