The terms and conditions of the www.futura.tech Web Portal
§ 1. The terms and conditions of the www.futura.tech Web Portal define the general conditions, rules and the manner of placing and executing orders as well as concluding agreements using this Portal, and the conditions of providing other services by electronic means.
§ 2. For the purpose of these terms and conditions, the following words shall have the following meanings:
(1) working days – the time from 8 a.m. to 4 p.m. on each day of the week from Monday to Friday, with the exception of public holidays;
(2) Delivery – an actual activity enabling the Customer to use the Service;
(3) Customer – any person who, in a manner made available without restriction by the Web Portal, obtains access to the pages or subpages of this Portal via the Internet network and/or an entity placing an order or concluding an Agreement with the Service Provider via the Portal;
(4) account – an account, individual for each Customer, allowing access to and use of the Portal;
(5) Course – a form of Service provision described by a set of features such as, in particular, period, dates, place, number of individual classes, etc;
(6) Portal – an Internet platform at www.futura.tech used to offer the Service Provider’s Services to the Customers and to conclude Agreements concerning the provision of Services between the Customers and the Service Provider by electronic means;
(7) Terms and Conditions – these terms and conditions of the Web Portal in its current version; the terms and conditions constitute the terms and conditions for the provision of services by electronic means within the meaning of Art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws [Dz.U.] 2013, item 1422, as amended) and constitute a template agreement within the meaning of Art. 384 of the Civil Code;
(8) Participant – a person designated by the Customer (placing the Order and concluding the Agreement) authorised to directly use the Service covered by the Order/Service Agreement;
(9) Service Provider – a company under the business name General Systems & Software (Poland) Ltd. spółka z ograniczoną odpowiedzialnością with its registered office in Gdynia, address: ul. Chwaszczyńska 9, 81-571 Gdynia, NIP 5850005707, entered by the District Court Gdańsk-Północ in Gdańsk into the Register of Entrepreneurs of the National Court Register under number KRS 0000118573, holding a share capital of PLN 100,000;
(10) Service – an intangible service or a set of intangible services – offered by the Service Provider with the object/scope, price and availability specified on the Portal;
(11) Order – an offer made by the Customer through the Portal and addressed to the Service Provider to conclude an Agreement with the Service Provider for the provision of Services indicated in the Order;
(12) Agreement – an agreement concluded at the moment when the Service Provider submits to the Customer a clear, non-automatic, unconditional declaration of acceptance by the Service Provider of a specific Order submitted by the Customer;
(13) Personal data – information about an identified or identifiable natural person (“data subject”); an identifiable natural person is a person who can be directly or indirectly identified, in particular on the basis of an identifier such as name and surname, identification number, location data, Internet identifier or one or more specific factors determining the physical, physiological, genetic, mental, economic, cultural or social identity of an individual.
§ 3. The use of the Portal is open. The Web portal is used for concluding Agreements both with consumers and entrepreneurs.
§ 4. In order to use the Web Portal, it is necessary to have a computer with Internet access and one of the following browsers in the following version:
(1) Mozilla Firefox, minimum version 60.0
(2) Internet Explorer, minimum version 10.0
(3) Microsoft Edge, minimum version 40.0
(4) Google Chrome, minimum version 67.0
(5) Safari, minimum version 10.0
(6) Opera, minimum version 50.0
– and equipped with the current version of Adobe Flash Player. To read some of the documents available in the Portal, the Customer will need a program to read PDF format (Adobe Acrobat Reader is recommended). The Web Portal will also be available on mobile devices using the latest system versions of web browsers available on the Android and iOS platforms.
Order placement procedure
§ 5. In order to place an Order, the Customer must fill in and submit to the Service Provider the application form available here: www.futura.tech, accept the provisions of the Terms and Conditions and grant the necessary permissions to use the Portal.
§ 6. Information concerning the price and availability of the Services presented on the Portal does not constitute a binding offer, but only an invitation to submit offers by the Customers. The prices quoted are gross prices (including VAT). Availability of the Services is constantly updated, therefore between updates the actual availability of the Services may differ from the currently displayed availability. Prices presented on the Portal may change at any time, including in relation to Services already added to the cart, and are not binding for the Service Provider or the Customer until the conclusion of the Agreement.
§ 7. After selecting a specific Service (including its place and date – from among those available on the Portal), the Customer may place an Order for the price resulting from the sum of the prices of individual Services by pressing the Sign up button in the Proceed to checkout section.
§ 8. In order to place an Order successfully, the Customer must choose the method of payment and delivery.
§ 9. Placing an Order constitutes an offer of the Customer addressed to the Service Provider to conclude an Agreement on the terms and conditions specified in the Order – subject to the provisions of Chapter 4.
Order placement, conclusion and termination of the Agreement
§ 10. Not later than 14 days before the date of commencement of the period of provision of a given Service selected by the User in the Order, provided that the payment is credited in the case of choosing electronic payment or prepayment by bank transfer as a form of payment, the Service Provider shall inform the Customer about the conclusion of the Agreement or refusal to accept the Order (which shall constitute a refusal to conclude the Agreement). The Service Provider’s lack of response shall be interpreted as tacit acceptance of the Order.
§ 11. Before the acceptance of the Order is confirmed, the Service Provider may (but is not obliged to) indicate the reasons for such refusal and, if possible, may propose modifications to the content of the Order enabling its acceptance by the Service Provider.
§ 12. Change or cancellation of the Order by the Customer is possible until the conclusion of the Agreement. After the conclusion of the Agreement, unilateral change of any of its terms by the Customer or its unilateral cancellation by the Customer requires direct contact with the Service Provider and is subject to the Service Provider’s unconditional consent (which does not affect the consumer’s statutory right of withdrawal).
§ 13. In the case of effective cancellation of the Order by the Customer or withdrawal from the Agreement, if the Order has already been paid for by electronic payment or prepayment by bank transfer, the Service Provider shall immediately refund the amount paid by the Customer by bank transfer to the Customer’s bank account. This shall take place within 14 working days from the date of delivery to the Service Provider of an effective statement by the Customer on the cancellation of a given Order.
§ 14. Information on the right of withdrawal by the Customer, as a consumer, from a distance agreement can be found here. In order to exercise this right of withdrawal, the consumer may (but is not obliged to) use the form available here.
§ 15. An integral part of the Agreement concluded by the Parties is:
(1) the registration form completed by the Customer, in particular when placing an Order – in the event that this form does not comply with the content of the Agreement, the provisions of this Agreement shall prevail;
(2) the programme and schedule of the Course, available in particular on the Portal.
§ 16. The Course shall include the subjects and activities described in the schedule of this Course, with the proviso that:
(1) the Service Provider may correct any typographical or other obvious errors or omissions in any material relating to the provision of the Service, without incurring any liability to the Customer;
(2) organisational or methodological changes – which, however, do not change the nature and scope of services required to be provided by the Service Provider under the Agreement, and do not deteriorate the subject and scope of the Service, in particular supplementation of training materials and forms of activity covered by the Course, change of the time of classes covered by the Course, etc. – may be introduced by the Service Provider and shall not constitute an amendment to the Agreement concluded by the Parties;
(3) in cases where, due to circumstances not attributable to the Service Provider or circumstances which the Service Provider could not reasonably have prevented (e.g. sudden illness of the person running classes covered by the Course, change/restriction of availability of places/locations where classes covered by the Course are conducted, fortuitous events, force majeure), completion of given classes covered by the Course is not possible within the time limit specified by the Parties in the Agreement and/or the Course schedule, the Service Provider may cancel these classes and provide the Participant with the possibility to take the same classes in another group and/or at another time (substitute classes). However, if the Participant does not use these substitute classes, the part of the price specified in the Agreement attributable to the cancelled classes (calculated on the basis of the proportion in which the number of such cancelled classes remains in relation to the total number of classes covered by the Course) shall be returned at the request of the Customer, unless the Customer is obliged to pay the Service Provider any amount due – in such case the part of the price shall be counted towards the next payment which the Customer is obliged to make in the future.
§ 17. The Customer may terminate the Agreement without notice in the event that:
(1) for reasons for which the Service Provider is responsible, the Participant is prevented from attending at least 3 (three) classes included in the Course and the Participant is not given the opportunity to participate in substitute classes in the same semester;
(2) organisational changes to the Course introduced by the Service Provider resulted in the Participant’s inability to participate in classes due to a conflict with other activities of the Participant or the Service Provider, and the Participant is not given the opportunity to participate in substitute classes in the same semester;
(3) the Service Provider has failed to perform or has improperly performed any other important obligation under the Agreement.
§ 18. The Service Provider may terminate the Agreement without notice in the event that:
(1) on the part of the Participant or the Customer the circumstances referred to in §§ 27-33, 37-39 or 41 occurred at least 3 (three) times, or if the Participant or the Customer fails to comply with the obligations referred to in those paragraphs at least 3 (three) times;
(2) the Customer is in default with payment of the amounts due to the Service Provider for at least 7 (seven) days or has failed to perform or has improperly performed any other material obligation under the Agreement.
§ 19. The condition for the permissibility of termination of the Agreement by a given Party is ineffective expiry of an appropriate additional period, not shorter than 14 days, previously indicated by such Party to the other Party in writing (otherwise being null and void) in order to refrain from the given behaviour which may constitute the basis for termination.
§ 20. If the termination of this Agreement in any way occurred as a result of circumstances for which the Service Provider is responsible and for which neither the Customer nor the Participant is responsible, the Service Provider shall reimburse the Customer for the part of the remuneration already paid by the Customer in proportion to the number of classes covered by the Course which the Participant could not take advantage of as a result of the termination of this Agreement.
§ 21. If the termination of this Agreement is due to circumstances for which the Service Provider is not responsible, the Service Provider shall reimburse the Customer only for the amount of the remuneration already paid by the Customer for the classes which the Participant could not use as a result of the termination of this Agreement (in proportion to the number of all classes covered by the course) – reduced by the amount of costs incurred by the Service Provider or the costs charged to the Service Provider (calculated in proportion to the number of all participants in a given Course) related to the entire Course (including the part of the Course which the Participant has not used). If the difference is a negative number, the Customer shall be obliged to pay the Service Provider compensation in the amount necessary to cover the costs not covered by the payment made earlier.
Payment of the price
§ 22. Payments for Orders may be made in the following manner:
(1) by electronic payment – through an entity professionally arranging electronic transactions and payment by credit card through the payment services that will be made available on the Portal;
(2) by bank transfer in the form of prepayment. The name of the bank and the number of the account to which the payment is to be made will be sent to the Customer in an e-mail notification of pending payment by bank transfer.
§ 23. The electronic payment referred to in § 15 shall be made by third parties with whom the Service Provider will currently have an agreement for the provision of electronic payments intermediation services.
§ 24. The possibility of using electronic payment in a given electronic payment system shall be available only if the appropriate option appears on the list of payment methods available at a given moment during the execution of the Order.
§ 25. The choice of payment method may affect the price of the Order, according to the information made available to the Customers on the Portal.
§ 26. After choosing the method of payment and delivery, payment is required if the Customer chooses to pay in the form of electronic payment or prepayment by bank transfer. In the case of electronic payment, payment shall be made immediately through a portal handling electronic payments. In the case of prepayment by bank transfer, the Customer receives information on the data necessary for the execution of the transfer.
§ 27. In the case of choosing the payment method as a bank transfer in the form of prepayment, the ordered Service is reserved for the Customer for 3 (three) working days. If the payment is not credited within 3 working days from the date of placing the Order, the Order shall be deemed cancelled by the Customer, and the Agreement is not concluded on its basis, without the need to make any additional statements.
Conditions for the provision of Services
§ 28. The provision of the Service for which the Order is placed by the Customer and possibly the Agreement is concluded, consists in enabling the Participant to take part in classes organised and conducted by the Organiser, on the terms specified in the Agreement and these Terms and Conditions, whereby, by placing an Order and concluding the Agreement, the Customer undertakes to ensure that the Participant complies with all of these terms.
§ 29. In special circumstances, in particular for security reasons, the Service Provider and entity in charge of the place of Course have the right to search the Participants’ bags and other personal belongings under pain of refusal to admit the Participant to the place where classes are held – without any claims from the Customer and the Participant.
§ 30. Possession and consumption of alcohol, tobacco or drugs by the Participant at the place where the Course is held shall be prohibited regardless of the circumstances. A Participant who does not comply with this prohibition may be removed from the Course or individual classes with immediate effect and without any claims from the Customer and the Participant.
§ 31. Participants must arrive at the classes covered by the Course punctually and no later than 5 minutes before the announced and planned start of these classes. Participants who are more than 15 minutes late may not participate in particular classes, without any claims on the part of the Customer and the Participant.
§ 32. Participants may bring snacks and refreshments to classes, but once used, they must be disposed of in a manner that is consistent with accepted hygiene rules and best practices of good behaviour.
§ 33. Participants may carry their telephones and laptops during the classes, but they may only be used for the implementation of the curriculum. Some of the classes covered by the Courses require Participants to use their own equipment.
§ 34. A minor Participant under 13 years of age may not leave the premises of the building where the classes covered by the Course take place without the consent of Parents or other persons authorised to take care of him/her (in accordance with the Registration Form).
§ 35. All Participants who are allowed to leave the premises should make sure that their behaviour during the time they leave the building does not in any way disturb / threaten / harm other people and/or their property.
§ 36. In the places of classes covered by the Course, the Participant is obliged to follow the organisational rules and instructions, both those that may be issued or determined by the Service Provider as well as those in force at the place of classes under orders, decisions or other acts of the unit/entity managing the place (e.g. in the case of classes taking place at the premises of kindergarten or school facilities – on the basis of acts of the management of a given facility). Possible changes to such rules and regulations shall not constitute an amendment to this Agreement.
§ 37. If the Participant fails to comply with the instructions and rules referred to above, or if the Participant’s behaviour prevents or hinders the proper course of classes covered by the Course (in particular, if the Participant prevents or hinders other participants from using these classes without interruption), the Service Provider has the right to deny the Participant access to the place of classes or to exclude the Participant from classes or from the Course – without any claims from the Service Recipient and the Participant.
§ 38. If the Customer has not agreed in the Registration Form or in a separate document that a minor Participant may leave the place of classes without the supervision of the Customer or another person authorised to pick up the Participant, the Customer is obliged to pick up the Participant from the place of classes in person or by an Authorised Person, no later than within the first 15 minutes from the end of each class.
§ 39. If the Customer fails to comply with the obligation referred to in § 39, the Service Provider has the right (but not the obligation) to:
(1) provide care to the Participant for an additional fee of PLN 200 gross for each commenced hour of additional care, in such cases the Customer shall be obliged to pay the Service Provider a fee of PLN 200 (two hundred zlotys) for each commenced hour of such care and to reimburse possible costs and compensate any damages incurred by the Service Provider in connection with the need to provide and perform such care.
(2) after at least 1 hour (60 minutes) from the end of the 15-minute limit referred to in § 39 above – to contact the competent authorities / units / public officers, in particular the Police unit and/or the appropriate care facility, and leave the Participant under the care of such authority / unit / officer / facility.
§ 40. In the event that a person picking up the Participant behaves in a manner that may suggest he/she is under the influence of alcohol or other intoxicants, the person conducting classes covered by the Course or another person taking actual care of the Participant at that time, may refuse to release the Participant to such a person. In such a case, it shall be presumed that the Customer has failed to comply with the obligations referred to in § 39 above and the provisions of § 40 shall apply. Due to the fact that this provision is intended solely for the good and safety of the Participant, the Customer undertakes not to make or assert any claims against the Service Provider and other persons (in particular those conducting classes) due to their assessment (including an incorrect assessment) of the condition of the person picking up the Participant.
§ 41. The Service Provider shall be liable for the performance of the Agreement on the terms specified in the Act of 23 April 1964 Civil Code (i.e. Journal of Laws [Dz.U.] 2016, item 380, as amended), taking into account the provisions of these Terms and Conditions.
§ 42. The complaint should be submitted to the e-mail address indicated on the Web Portal or in writing to the Service Provider’s address.
§ 43. The Customer shall be informed immediately, but no later than within 14 days from the sending of the complaint, whether the complaint has been accepted or rejected and for what reasons. In the event that an expertise has to be carried out by third parties, the Service Provider shall inform the Customer of this fact within the aforementioned period, and the complaint shall be considered only after the expertise has been carried out. Lack of response from the Service Provider within this period or providing a reply which does not constitute an unequivocal rejection of the complaint shall not be interpreted as recognition of the complaint or claims of the Customer, with the proviso that in the event that the Service Provider has not responded to the complaint of the Customer who concluded the Agreement as a consumer within 30 days from the date of its receipt, the Service Provider shall be deemed to have accepted the complaint.
§ 44. The Service Provider shall not be liable for jewellery or valuables brought to the place by the Participant. Such items may not be brought and used by the Participant at the place and time of the Course which the Customer is obliged to guarantee.
§ 45. The Service Provider shall not be liable for any property left at the place where the Course is held (by the Participant or otherwise), and if it is not collected within seven (7) days from the end of the given Classes covered by the Course, it shall be deemed abandoned and may be removed (including destroyed or thrown away) by the staff of the Service Provider or the entity in charge of that place.
Privacy protection and processing of personal data
§ 46. The Controller of personal data is the Service Provider.
§ 47. Personal data is provided to the Service Provider voluntarily, with the proviso, however, that failure to provide specific personal data makes it impossible to respond to inquiries or to correctly place and execute orders.
§ 48. The Customer may also give a separate consent to the processing of personal data for the purpose of promoting and advertising the products and services of the Service Provider.
§ 49. The Customer has the right to access its personal data, rectify, erase or limit the processing, the right to object to the processing as well as the right to transfer the data.
§ 50. Personal data is processed by the Service Provider in order to perform the agreement to which the data subject is a party, i.e. pursuant to Article 6(1)(b) of the GDPR, and also, in the case of the data of the Participant and in case the Customer consents to marketing, in order to promote and advertise products and services of the Service Provider, pursuant to the consent (Article 6(1)(a) of the GDPR).
§ 51. Personal data is processed until the purpose for which they are processed is achieved, but not longer than for the time resulting from the binding legal regulations, i.e. not longer than for 6 years from the end of the calendar year in which the termination of the agreement took place and in the case of consent for the processing of personal data for the purpose of direct marketing, until the withdrawal of consent.
§ 52. Granted consent may be withdrawn by the Customer at any time by contacting email@example.com.
§ 53. The recipients of personal data may be entities with which the Service Provider cooperates under the agreement, in particular entities which provide the Service Provider with information systems, hosting and marketing services.
§ 54. The Service Providers whose personal data is processed have the right to lodge a complaint with the supervisory authority – the President of the Office for Personal Data Protection.”
§ 56. The Service Provider reserves the right to introduce changes to the Terms and Conditions, in particular in the event of a change in legal provisions affecting the rights and obligations arising from the Terms and Conditions or in order to improve the operation of the Web Portal as well as to improve the protection of the rights of the Customers and to prevent abuse. The change is effective for Customers who have an Account within 7 days from the date of notification of the change to the Terms and Conditions, with the proviso that the changes to the Terms and Conditions do not apply to Agreements concluded before the change to the Terms and Conditions and in connection with Orders placed before the change to the Terms and Conditions. The Customer may submit a declaration of acceptance or non-acceptance of the new Terms and Conditions through a mechanism made available by the Service Provider. Upon receipt of the declaration of non-acceptance of changes to the Terms and Conditions, the Service Provider shall block the Customer’s Account and inform the Customer of this fact.
§ 57. Orders placed before the date of changes to the Terms and Conditions shall be executed on the basis of the provisions of the Terms and Conditions in force on the date of placing the Order, unless the Parties have agreed otherwise.