Terms and Conditions

The owner of excelbicademy.com webiste is Bartosz Czapiewski running a company SkuteczneRaporty.pl Bartosz Czapiewski based in Poland, at ul. Św. Wincentego 128C/4 in  Warsaw (postcode 03-291) entered into the Central Register and Information on Economic Activity in Poland with EU VAT ID: PL5941476016 and REGON 146032248.

Section 1

Definitions

For the purposes of these Terms and Conditions, the following terms shall have the following meanings:

  1. Account – a part of the Portal available to a User after correct logging in, which allows the use of Online Courses by a User, if any have been purchased or obtained by the User, collection and modification of personal data of the User, as well as tracking her or his activities inside the Portal,
  2. Administrator – Bartosz Czapiewski running a company called SkuteczneRaporty.pl Bartosz Czapiewski based in Poland, at ul. Św. Wincentego 128C/4 in  Warsaw (postcode 03-291) entered into the Central Register and Information on Economic Activity in Poland with EU VAT ID: PL5941476016 and REGON 146032248,
  3. Blog – the section of the Portal available at https://excelbiacademy.com/blog/, containing inter alia publicly available materials related to Excel and Power BI,
  4. Consumer – natural person concluding with the Administrator a contract not directly connected with her or his business or professional activity,
  5. Newsletter – the newsletter sent by the Administrator, to which a User may subscribe at https://excelbiacademy.com/13-hours-of-excel-course-for-free/ and receive a free Online Course from the Administrator as a thank-you gift for the subscription,
  6. Online Course – an online course available to a User via the Portal after its purchase by a User or after obtaining a free Online Course as a thank-you gift for subscribing to the newsletter, subject to the rules laid down herein; a detailed specification and description of Online Courses available at a given time may be found at https://excelbiacademy.com/,
  7. Online Course Materials – materials copyrighted by the Administrator and available solely to Online Course Participants;
  8. Online Course Participant – a User who has purchased an Online Course or obtained an Online Course for free as a thank-you gift for subscribing to the newsletter, within the term of validity of her or his individual access as specified in the description of the course and inside the User’s individual account;
  9. Online Store – the online store available as part of the Portal at https://excelbiacademy.com/, where Users may purchase Online Courses,
  10. Portal – the website https://excelbiacademy.com/
  11. Terms and Conditions – these Terms and Conditions available at https://excelbiacademy.com/terms-and-conditions/ together with the Privacy Policy available at https://excelbiacademy.com/privacy-policy/ which is an Appendix to the Terms and Condition and which constitutes their integral part;
  12. User – a natural person having full capacity to make acts in the law, a legal person, or an organisational unit without legal personality, on which separate legal provisions confer legal capacity, using the Portal; a natural person not having full capacity to make acts in the law may also be a User provided that she or he has obtained consent of her or his statutory representative or legal guardian to use the Portal.

Section 2

General Provisions

  1. The Portal is owned and operated by the Administrator.
  2. These Terms and Conditions lay down rules governing the operation of the Portal, including but not limited to:
    • general rules governing the use of the Portal by Users,
    • obligations and scope of liability of Users,
    • obligations and scope of liability of the Administrator,
    • rules governing purchases,
    • rules governing filing complaints.
  3. A condition for using the Portal is to first get oneself acquainted with the wording of the Terms and Conditions and accept their provisions. In the case of making a purchase via the Portal, the acceptance of the Terms and Conditions occurs by checking an appropriate checkbox in the process of submitting an order. In the case of just browsing the publicly available contents of the Portal, the acceptance of the Terms and Conditions follows from the very fact of being present at the website https://excelbiacademy.com. If a User does not accept the Terms and Conditions, she or he shall immediately stop browsing and leave the website.
  4. By accepting the Terms and Conditions, a User consents to all their provisions and obliges herself or himself to comply with them.
  5. The Administrator makes the Terms and Conditions, including the Privacy Policy, available to a User free of charge before the User’s commencement of the use of the Portal by publishing them at  https://excelbiacademy.com/terms-and-conditions/ and https://excelbiacademy.com/privacy-policy/ in a way allowing the User to download and print them.
  6. It shall be prohibited to send via the Portal, in particular via the forms available inside the Portal, any unlawful content.
  7. The prices of Online Courses available in the Online Store are exempt from VAT if the invoice is issued to a natural person from Poland or from outside Poland, or to a company/partnership/firm having its registered office in Poland. If the invoice is issued to a company/partnership/firm having its registered office outside Poland, there is an annotation “reverse charge” on the invoice and the purchaser is responsible for paying any applicable VAT in his/her country.
  8. The Administrator reserves the right to change the prices presented in the Portal, introduce new products, initiate and cancel any promotion campaigns and sales. The above mentioned right shall not affect orders submitted before the date of entry into force of a given change of a price, conditions or promotion campaigns, or sales.
  9. The Administrator may make available discount codes which allow a User to obtain a discount while purchasing products in the Online Store.
  10. The User obliges herself or himself while using the Portal:
    • not to submit or send in any way any content that is unlawful, including offensive or vulgar content, content encouraging violence or any other acts contrary to law or good morals, or which violates any rights of third parties,
    • to use the Portal in a way compliant with its intended purpose without disturbing its operation, inter alia by means of specific software or hardware, and in a way which is not burdensome to other Users,
    • not to use the Portal in any way to send unsolicited commercial information (spam),
    • to use the Portal in a way compliant with the Terms and Conditions, applicable legal provisions, and the general rules governing the use of the Internet (netiquette).
  11. The Administrator reserves the right to introduce amendments to the content presented in the Portal, including the Blog and the Online Courses. Any modifications of the contents of Online Courses during the term of validity of a User’s access shall follow from the need to improve the Online Course for the benefit of the User.
  12. The Administrator shall not be liable for any decisions made by a User with the use of the knowledge shared in the Portal, including the Blog and the Online Courses. In particular, the User shall be aware that her or his use of the terminology made available in the Portal in a given context, with regard to a given addressee, in given circumstances, and in a given jurisdiction shall require an individual decision of the User, for which the Administrator shall not be liable in any case.

Section 3

Services provided by electronic means

  1. Via the Portal, the Administrator provides to Users services by electronic means, consisting in giving them the possibility to:
    • browse the publicly available contents of the Portal;
    • enter into contracts for provision of digital content via the Portal,
    • subscribe to the newsletter.
  2. If a User concludes via the Portal a contract for provision of digital content, the Administrator shall provide to the User also the electronic service consisting in creating and maintaining the User’s Account. Details concerning the Account are specified in Section 5 of the Terms and Conditions.
  3. The service of creating and maintaining the User’s Account and the Newsletter service shall be provided free of charge. The service in the form of an Online Course shall be provided after it has been paid for, except for Online Course which is provided free of charge as a thank-you gift for subscribing to the newsletter.
  4. Publicly available contents of the Portal may be browsed anonymously i.e. without the necessity to provide personal data. Subscription to the Newsletter and entering into contracts via the Portal shall require provision of personal data.
  5. In order to ensure security of Users and data transmission in connection with using the Portal, the Administrator of the Portal shall take technical and organisational measures adequate to the extent of a threat to the security of the services provided, in particular measures aimed at prevention against personal data being obtained and modified by unauthorised persons.
  6. The Administrator shall take actions with a view to ensuring proper operation of the Portal. A User shall inform the Administrator about any irregularities or disruptions in the operation of the Portal.
  7. Any complaints related to the operation of the Portal shall be submitted by a User via email to bartosz@excelbiacademy.com. In case of a complaint, the User shall specify her or his full name, correspondence address, as well as the type and date of the occurrence of the irregularity related to the operation of the Portal. The Administrator shall examine any complaints within 14 days from the date of the receipt of a given complaint and shall notify the User about the result of the examination by sending a reply email to her or him.

Section 4

Technical requirements for the use of the Portal

The technical requirements that shall be met to use the Portal are as follows:

  1. having a device allowing access to the Internet,
  2. installing on the device referred to in Subsection 1 above the most up-to-date version of an internet browser allowing access to the resources of the Internet, such as Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, or another compatible one,
  3. having cookie settings fixed in a way allowing content embedded from external websites such as Vimeo, Youtube,
  4. having an active email address with the proviso that sole browsing of the contents of the Portal does not require a User to have an active email address; the necessity to have an active email address comes into being when a User wants to subscribe to the Newsletter or make purchases in the Online Store.

Section 5

Account in the Portal

  1. The use of the Portal consisting in just browsing the publicly available contents of the Portal shall not require registration. In order to use the Portal otherwise (in particular to make purchases in the Online Store and have access to purchased Online Courses) it shall be necessary for a User to have an Account in the Portal.
  2. The Account shall be created automatically at the time of the first purchase in the Online Store. The above applies also to obtaining, which occurs in the case of a User getting the free course which is a thank-you gift for subscribing to the newsletter. The User shall receive an email with the login and password to her or his Account.
  3. A User shall keep the login and password to her or his Account secret and shall not disclose them to any third person.
  4. A User shall be liable for any damage suffered by the Administrator as a result of the User’s making the login and password to her or his account available to other persons.
  5. The User shall not pay for having an Account.
  6. A User may have only one Account in the Portal. In the case of subsequent purchases in the Online Store, the User shall log in to her or his Account.
  7. A User shall not use Accounts of other Users or make her or his Account available to any other persons.
  8. A User may change the password to her or his Account by clicking “Lost your password?” at https://excelbiacademy.com/wp-login.php and following the instructions sent to her or him in an email.
  9. A User shall update on an ongoing basis the personal data ascribed to her or his Account.
  10. The Administrator shall not be liable for non-performance or defective performance of her obligations if such non-performance or defective performance results from the personal data ascribed to a given Account being outdated.
  11. A User shall be entitled at any time to delete her or his Account by contacting the Administrator at bartosz@excelbiacademy.com. Deletion of the Account entails irreversible loss of the possibility to use the Online Courses purchased as part of a given Account, loss of all personal data and other information concerning a given User collected as part of that Account, in particular the history of her or his activity in the Portal, provided that the Administrator is entitled to keep storing information concerning contracts concluded via the Portal with a view to exercise or defence of claims, if any (details described in the Privacy Policy).

Section 6

Liquidating or blocking an Account

  1. If a User violates any provision of the Terms and Conditions, the Administrator may deprive her or him of the right to use the Portal (liquidation of an Account) or limit her or his access to all or a part of the Portal contents (blocking an Account) with immediate effect, in particular where the User:
    • has ascribed to her or his Account data which are false, misleading, or which violate rights of third persons,
    • has violated via the Portal personal or other rights of third persons,
    • has been engaged in other conduct that is non-compliant with applicable law, good morals, principles of social co-existence, the Terms and Conditions, or general rules governing the use of the Internet (netiquette), or poses a threat to the reputation or image of the Portal or the Administrator of the Portal,
    • has logged into her or his account from more than 3 IP addresses in a period of a month or has logged in simultaneously from more than one IP address; should this be the case, the Administrator may also at her own discretion (before liquidating or blocking the Account) choose instead to demand from the User a written declaration that she or he uses the Account on her or his own and has not disclosed her or his login data to any third persons.
  2. In the case of liquidating or blocking an Account, the Administrator shall notify that fact to the relevant User immediately by sending to her or him an email to the email address indicated by the User in the order form.
  3. Liquidation of an Account shall be tantamount to irreversible loss of the possibility to use the Online Course purchased as part of a given Account, loss of all personal data and other information concerning a given User collected as part of that Account, in particular the history of her or his activity in the Portal, provided that the Administrator is entitled to keep storing information concerning contracts entered into via the Portal with a view to exercise or defence of claims, if any (details described in the Privacy Policy).

Section 7

Online Course

  1. A User may purchase an Online Course in the Online Store being part of the Portal.
  2. An Online Course purchaser, who upon the correct purchase becomes an Online Course Participant, shall receive, via her or his Account, for the term specified in the description of each course, access to the course platform, available after correct logging into her or his Account, containing Online Course Materials being part of a given Online Course, including but not limited to video materials, audio materials, downloadable pdfs, interactive flashcards, interactive quizes.
  3. The price of each Online Course shall be specified in the Online Store, and may be changed at any time at the Administrator’s sole discretion, with the proviso that orders made before any changes of the price shall have the price that was in force at the moment of placing the order.
  4. In order to purchase an Online Course, a User shall click the “Purchase button” and then the “Checkout” button, which will take her or him to a page with an order form that shall be filled in by the User by specifying correct and true data, namely email address, first name, last name, invoice data. A prerequisite for placing an order is to accept the Terms and Conditions and the Privacy Policy. By checking the checkbox signifying acceptance of the Terms and Conditions and the Privacy Policy, the User acknowledges that she or he has got acquainted with them and has understood them. In case of any doubts as to the Terms and Conditions or the Privacy Policy, the User shall contact the Administrator at bartosz@excelbiacademy.com.
  5. The process of placing an order shall end with clicking the button finalizing the order. Clicking the button finalizing the order constitutes a declaration of will of the User leading to the conclusion with the Administration of a contract for provision of digital content.
  6. After clicking the button finalizing the order, the User shall be redirected to the website administered by an external payment operator, i.e. PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) (hereinafter referred to as Paypal) in order to make a payment in a relevant amount. Payment may be made via a Paypal account (after logging into the User’s Paypal account) or by credit or debit card (without the necessity of having or logging into a Paypal account).
  7. The card details and/or Paypal account login details are never made available by Paypal to the Administrator. The Administrator has no access at any stage of the transaction to the User’s credit or debit card details or login data to a Paypal account. Such data is provided only directly to Paypal and adequately protected in line with Paypal’s rules and policies.
  8. A User who has purchased an Online Course shall be entitled, without any additional payment, to email contact with a Administrator teacher in matters directly concerning the Online Course Materials throughout the term of the validity of the User’s individual access. Any questions that a User may have directly concerning the Online Course Materials shall be answered (by a reply email) by a qualified teacher designated by the Administrator or by the Administrator herself (at the Administrator’s discretion). The Administrator reserves the right to refuse to answer questions that go beyond the scope of the Online Course Materials.
  9. The purchased Online Course (which is not free of charge) is an Excel or Power BI course delivered online but with participation of a teacher (the teacher’s participation consists in email contact in case of the Online Course Participant’s need to get additional explanations or answers to her or his questions directly concerning the contents of the course, and thus under Polish law the Online Course as such is exempt from VAT for individuals from Poland and outside Poland and for companies/partnerships/firms having their registered office in Poland (legal basis Article 43 (1) (28) of the VAT Act). On the other hand, if the invoice for an Online Course is issued to a company/partnership/firm having its registered office outside Poland, there is an annotation “reverse charge” on the invoice and the purchaser is responsible for paying any applicable VAT in his/her country.

Section 8

Satisfaction guarantee

  1. The Administrator provides to an Online Course Participant a satisfaction guarantee consisting in the possibility for an Online Course Participant to resign from participation from an Online Course within 30 calendar days from the purchase of the Online Course.
  2. If the Online Course Participant informs the Administrator by email sent to bartosz@excelbiacademy.com within the above mentioned 30 days’ period of her or his willingness to resign from participation in the Online Course, the Administrator shall repay the amount paid by the Online Course Participant as the price for the Online Course, using the same method that was originally used by the Online Course Participant unless the Online Course Participant agrees to another method, without delay but in no event not later than 14 days after the date on which the Administrator was informed about the User’s exercise of the right to resign from the Online Course under the satisfaction guarantee.
  3. An Online Course Participant does not have to specify a reason for such resignation. Nevertheless, the Administrator may ask if the Online Course Participant is willing to share such reason with the Administrator for the purposes of future improvement of the Online Courses.
  4. After the Administrator’s receipt of the Online Course Participant’s email about resignation from the Online Course, the Administrator shall block the Online Course Participant’s Account and from that moment on the Online Course Participant shall lose the right to use or keep any Online Course Materials. The Online Course Participant shall immediately delete all and any downloads and shall cease to use the Online Course Materials in any way.

Section 9

Final Examination and Certificate

  1. The Administrator may issue a certificate of completion of an Online Course.
  2. The Certificate shall be issued to an Online Course Participant, without any additional payment, if the Online Course Participant satisfies all the following conditions:
    • purchases an Online Course,
    • takes the final certification task that can be found at the end of each Online Course,
    • sends the attached PowerPoint presentation to bartosz@excelbiacademy.com.
  3. The certificate shall be sent to the User in the form of a PDF scan.
  4. A detailed description of the final certification task in the case of each Online Course is provided in the course panel.
  5. Taking the final certification task shall not be obligatory. A user may decide to complete an Online Course and not to take the final certification task. Should this be the case, the User shall not be entitled to receive a certificate.

Section 10

Liability for defects

  1. The Administrator shall deliver to a User products or digital content free from defects.
  2. The Administrator shall be liable to a User if the sold product or digital content has a physical or legal defect (implied warranty for defects).
  3. If a User detects a defect in a product or digital content, she or he shall notify the Administrator, specifying simultaneously her or his claim related to the detected defect or making a relevant declaration.
  4. A User may contact the Administrator by email sent to bartosz@excelbiacademy.
  5. The Administrator shall examine a complaint submitted by a User within 14 days from the date of the service of the complaint on the Administrator, using the same method of communication that the User has used to submit the complaint.

Section 11

Personal data and cookies

  1. The Administrator shall be the personal data collector within the meaning of GDPR (General Data Protection Regulation).
  2. Personal data of a User shall be processed (if relevant to a given User) to handle orders, send the Newsletter, allow creation and maintaining of an account, as well as to establish, exercise or defend claims, if any, related to contracts concluded via the Portal.
  3. Details concerning personal data protection and the use of cookies are specified in the Privacy Policy available at https://excelbiacademy.com/privacy-policy/ which constitutes an Appendix to these Terms and Conditions.

Section 12

Out-of-court methods of examination of complaints and exercise of claims

  1. The Administrator consents to subjecting disputes following from the conclusion of contracts between the Administrator and a User being a Consumer to mediation. Details shall be agreed upon by the parties to a dispute.
  2. A Consumer shall have the possibility to use out-of-court methods of examination of complaints and exercise of claims. Inter alia a Consumer may use the ODR platform available at http://ec.europa.eu/consumers/odr The platform is used to resolve disputes between consumers and enterprises who attempt at out-of-court resolution of a dispute resulting from contractual obligations under an Internet contract for sale or for provision of services.

Section 13

Rescission of a contract

  1. A Consumer who has concluded with the Administrator a distance contract shall have the right to rescind the contract without specifying a reason within 14 days from the date of taking possession of purchased goods (in the case of a contract for sale) or within 14 days from the date of the conclusion of the contract (in the case of a contract for provision of digital content).
  2. In order to rescind the contract, the Consumer shall notify the Administrator about her or his decision to rescind the contract by way of an unambiguous declaration – for example a letter sent by post or by email.
  3. A Consumer may use the contract rescission form available below, however, it shall not be mandatory.
  4. In order to meet the time limit for rescission of the contract, it shall be enough for the Consumer to send information about exercising the right of rescission to which the Consumer is entitled before the lapse of the 14 days’ time limit for rescission.
  5. Upon the Administrator’s receipt of the declaration of rescission, the Administrator shall block the User’s access to the Online Course and her or his Account.
  6. In the case of a Consumer’s rescission of a contract, the Administrator shall repay to the Consumer all amounts paid beforehand by the User to the Administrator without delay but in no event later than 14 days after the date on which the Administrator was informed about the User’s exercise of the right of rescission. The repayment shall be made by the Administrator by means of the same payment method that was originally used by the Consumer unless the Consumer has expressly consented to another method. In any case, the Consumer shall not incur any charges in connection with the form of the repayment.
  7. The Consumer shall be liable for diminution in value of the product resulting from the use of the product in a way exceeding the necessity to determine the nature, features, and operation of the product.
  8. After the rescission and blocking of the access to the Online Course, the User shall not have the right to keep or use any Online Course Materials. The Consumer shall immediately delete all and any downloads and shall cease to use the Online Course Materials in any way.

Section 14

Copyrights

  1. All materials in the Portal, including the Online Course Materials, are copyrighted and covered by protection following from the Polish Act on copyright and related rights (Journal of Laws of 1994, No. 24, item 83, as amended) and may be used by Users solely for their personal use.
  2. All materials made available by the Administrator as part of a purchased Online Course may be used solely by relevant Online Course Participants, i.e. Users who have paid for an Online Course or have directly obtained an Online Course from the Administrator as a thank-you gift for subscribing to the Newsletter. Such Online Course Participants may print, download, and use the content made available as part of a relevant Online Course solely for their personal use, in particular without the right to further dissemination or use in any other way for purposes related to their business (or for other commercial purposes, including but not limited to teaching Excel & Power BI).
  3. Users of the Portal, regardless of whether they are Online Course Participants or not, shall not be entitled to publish any content made available in the Portal in any other places, including other websites, or disseminate it in any other way, except for sharing posts published by the Administrator in social media.
  4. Any use, dissemination, or exploitation by a User of content available in the Portal in any way or within any scope other than specified above shall be prohibited.

Section 15

Final provisions

  1. These Terms and Conditions have been drawn up under the laws of the Republic of Poland and shall be governed by and construed in line with these laws.
  2. Any Appendices to these Terms and Conditions shall constitute an integral part and thus shall be construed jointly with these Terms and Conditions.
  3. The name of the Portal, its interface, logo, data base, and contents are legally protected.
  4. Any disputes between a Consumer and the Administrator related to the use of the Portal shall be resolved by competent courts of general jurisdiction. Any disputes between the Administrator and a User not being a Consumer shall be resolved by a court having the jurisdiction over the registered office of the Administrator.
  5. The Administrator reserves the right to introduce amendments to the Terms and Conditions. Contracts concluded before the date of the introduction of an amendment shall be governed by the Terms and Conditions which were in force at the time of the conclusion of the contract.
  6. Archive versions of the Terms and Conditions are available at https://excelbiacademy.com/terms-and-conditions/

 

Appendix No. 1 – Information about the Consumer’s Right to Rescind a Contract

You have the right to rescind a concluded contract within 14 days without the necessity to specify a reason. The time limit for rescission of a contract for provision of digital content in the form of a purchased Online Course expires after the lapse of 14 days from the date of the contract’s conclusion.

In order to exercise the right to rescind a contract, you have to inform us (by email at bartosz@excelbiacademy.com about your decision to rescind the contract by way of an unambiguous declaration (for example by way of a letter sent by post or by email). To that end, you may use the contract rescission form that you will find below, however, it is not obligatory. In order to meet the time limit for rescission, it is enough to send the information about the exercise of your right before the lapse of the time limit referred to above.

In the case of rescission of the contract, we will repay to you all amounts we have received from you without delay but in no event later than 14 days from the date we are informed about your decision to exercise your right of rescission.  The repayment will be made by us by means of the same payment method that you have originally used unless you expressly consent to another method. In any case, you will not incur any charges in connection with the form of the repayment.

Appendix No. 2 – Contract Rescission Form

If you want to rescind a concluded contract, you may use the following form, however, the use of that form is not obligatory. If you decide to use the form, please fill it and send it to us by email to bartosz@excelbiacademy.com.

I hereby inform you about rescission of the contract I have concluded with you for the following products:

  • ………….. – price: ……………..

Obligatory data:

Date of conclusion of the contract: …………………

First name and last name of the Consumer: ……………….

Address of the Consumer: …………….

Voluntary data which will make the repayment process easier:

E-mail address of the Consumer: …………….

Phone number of the Consumer: …………….

Repayment will be made by means of the same method that the Consumer has originally used in the transaction.

…………….

Information about processing of personal data provided in the Contract Rescission Form

Your personal data provided in the form will be processed for the purpose of handling the process of rescission of the contract by Administrator.

Contact in matters related to personal data processing is possible at bartosz@excelbiacademy.com

In connection with processing of the personal data contained in the form, you have the following rights: right to demand access to data, right to have your data rectified, erased, or have the processing restricted, as well as the right to file a complaint with competent data protection authorities (e.g. the competent authority in Poland is the President of the Personal Data Protection Office).

Provision of the data is voluntary but necessary to handle the process of rescission of the contract.

 

Copyright © 2024 Bartosz Czapiewski