Terms and conditions of services

The Website, available at https://imchessbrain.com, is provided by the Service Provider under the terms and conditions set forth in this document, which constitutes regulations under the Act of July 18, 2002 on the provision of electronic services (hereinafter referred to as “Regulations“).

Contact Details of Service Provider:

– e-mail address: imchessbrain@gmail.com.

These Regulations set out the rules for the use of the Website, the types of electronic services provided through the Website, and the rights and obligations of Users and the Service Provider. Each User is obliged to familiarize himself with these Regulations.

1. Definitions

1. Website – the website operating at https://imchessbrain.com.
2. Service Provider – Paweł Weichhold doing business under the name World Chess Community IM Paweł Weichhold at the address Strzelino 32 lok. 2, 76-200 Strzelino, Tax Identification Number [NIP]: 8393046628, Statistical number [REGON]: 389818609, entered in the Register of Entrepreneurs of the Central Register and Information on Business Activity kept by the minister in charge of economy.
3. User – an individual using the Services provided through the Website or the Course.
4. Service – a service provided electronically by the Service Provider to the User through the Website.
5. Course – paid chess lessons conducted by a trainer at a distance with audiovisual form.
6. Trainer – an individual who conducts lessons as part of the Course for the benefit of the User.

2. General provisions

1. The Service Provider undertakes to provide services to the User to the extent and under the conditions specified in the Regulations.
2. The User undertakes to use the Service Provider’s websites in accordance with the principles set forth in the Regulations, applicable laws and rules of social intercourse.
3. Use of the Service Provider’s websites and Services implies acceptance by the User of the terms and conditions set forth in the Regulations and Privacy Policy.
4. The Service Provider complies with the principles of protection of personal data of the Users provided for by the Regulation of the European Parliament and of the Council (EU) 2016/679 of 04.2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC. The User consents to the collection, storage and processing of personal data by the Service Provider for the purpose of providing the service. Detailed rules for the processing of personal data are set out in the Website’s Privacy Policy. The Service Provider may use personal data for marketing of services only with the express consent of the data subject or based on applicable laws.
5. It is prohibited for the User to provide unlawful or offensive content to the Website. The User is obliged to use the Service Provider’s websites in a manner that does not interfere with their functioning, in particular by not using certain software (including malware) or devices.
6. Specific risks associated with the use of electronic services are the possibility of unauthorized persons gaining access to and interfering with data transmitted over the network or stored on computers attached to the network, which may result, in particular, in its loss, unauthorized modification or inability to use the services offered using the Website.
7. Information concerning services on the Service Provider’s websites constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code Act of April 23, 1964.
8. The Service Provider reserves the right to change the prices of the Courses, conduct and cancel promotional actions and give individual discounts.
9. The provisions concerning the consumer containedin these Regulations shall apply to a natural person concluding a contract directly related to his/her business activity, if it results from the content of this contract that it is not of a professional nature for this person, in particular resulting from the subject of his/her business activity made available on the basis of the provisions of the Central Business Activity Register and Information.

3. General Terms and Conditions of services

1. The Service Provider provides information services through the Website free of charge by providing content about offerings, news and other information about the Service Provider’s activities.
2. The Service Provider, through the Website, allows the User to purchase the Course in accordance with the currently available offer.
3. The User may terminate use of the Service at any time. The legal consequences of the termination of the Service shall be determined by the mandatory provisions of the law applicable to the legal nature of the Service provided and the provisions of these Regulations.
4. Technical requirements necessary to use the services provided by the Service Provider:
5. a device with access to the Internet,
6. a web browser that supports cookies,
7. access to e-mails.
8. The User shall bear the fees associated with Internet access and data transmission in accordance with the tariff of its Internet service provider.

4. Orders

1. To place an order, the User selects the Course in accordance with the available options (lesson package or single lesson) and indicates the perforated lesson date in the dedicated interactive schedule. In the case of selecting a package of lessons, the User indicates the preferred date of the first lesson, the dates of subsequent lessons are automatically assigned by the system to the same day and time in subsequent weeks (one lesson per week) until the number of lessons in the package is exhausted.
2. After selecting the Course variant and setting the date of the lesson, the User completes the order form by filling in at least the mandatory fields marked with an asterisk (*).
3. After completing the order form, the User confirms that he/she has read the Regulations, and then confirms the order by pressing the “Order and pay” button.
4. Upon confirmation of the order, a contract for the provision of electronic services on the subject of the Course to the User is concluded.
5. When placing an order, the User may select a Course that includes one free lesson. The User may use the free lesson only once. In case of re-ordering a free lesson by the User, the order will be canceled.

5. Settlements. Payment methods

1. The fee for the Course is charged in advance (prepayment). The User is obliged to make payment immediately after placing the order. In case of non-payment, the Service Provider reserves the right to cancel the order.
2. The Service Provider accepts payments for the Services provided through the Paypal electronic payment system, whose operator is PayPal (Europe) S.à r.l. et Cie, S.C.A. based in Luxembourg, in accordance with the regulations of the PayPal electronic payment system.
3. The moment of payment is considered to be its correct authorization by the payment system operator.
4. The Service Provider shall document the sale with a proof of purchase issued at the express request of the User.
5. If there is a need to refund funds for a transaction made by the User with a payment card, the Service Provider will make the refund to the bank account assigned to the User’s payment card.

6. Course conditions

1. One lesson in the Course lasts 60 minutes (clock hour).
2. The lesson is conducted by a live trainer using Google Meet, Zoom or Skype systems (at the choice of the User). The user in the message sent to his e-mail address indicated in the order receives a link (link) to connect with the trainer.
3. The User is obliged to provide, on his own, equipment and IT infrastructure that allows participation in the lesson, in particular, access to the Internet, a computer or mobile device with an up-to-date web browser updated to the latest version and, if necessary, additional software that is necessary for communication with the trainer.
4. The User is obliged to join the lesson at the starting time in accordance with the concluded contract. In the event of a delay by the User in connecting with the trainer, the duration of the lesson is not extended by the time of the delay.
5. In the event of a delay in the start of the lesson for a reason attributable to the trainer, the lesson time is counted from the actual start of the lesson.
6. During the course of the lesson, the User is obliged to behave in a cultured manner and ensure the uninterrupted course of the lesson, in particular, to mute mobile devices (phone).
7. Only one person can actively participate in the lesson. Participation of more than one person is possible only through a separately concluded contract with the Service Provider.
8. It is forbidden without the express consent of the trainer to record in any form the course of classes by the User.
9. Absence of the User during the lesson, regardless of the reason, especially in the absence of notification of a desire to reschedule, will result in the lesson being considered completed.

7. Cancellation or rescheduling of the Course

1. The User does not have the option to cancel the purchased Course except for the statutory right to withdraw from the contract concluded with the Service Provider by the User who is a consumer.
2. The User is entitled to reschedule the lesson no later than 24 hours before the originally scheduled date. The User shall notify the Service Provider by e-mail at imchessbrain@gmail.com of his/her will to reschedule the lesson along with a proposal for a new date. The new lesson date must be no later than 7 days after the original date. The Service Provider may approve the new date indicated by the User or propose another date.
3. In the event of circumstances on the part of the Service Provider or the trainer that make it impossible to conduct the lesson on the scheduled date, the Service Provider is entitled to reschedule the lesson. The User shall be informed of the rescheduled lessons by e-mail at least 24 hours before the originally scheduled date.

8. Service provider’s liability

1. The Service Provider informs that, in accordance with Article 15 of the Act of July 18, 2002 on the provision of services by electronic means, it is not obliged to check the data it transmits, stores or makes available, as referred to in Article 12-14 of the said Act, unless such data originate from it.
2. The Service Provider is not responsible for the obligations of Users resulting from their actions on the Service Provider’s websites.
3. The Service Provider shall not be liable for any data entered by Users on the Service Provider’s websites and shall not be liable for any actions made by the User that caused any damage to that User or other Users or third parties, or prevented or hindered the Service Provider’s services.
4. The Service Provider shall not be liable for the content of the websites and for any damages incurred by the Users or third parties in connection with access to websites to which the Users may be redirected through links available on the Website.
5. The Service Provider shall not be liable for interruptions in the functioning of its websites and damages incurred by the User on this account if they were caused by force majeure, which could not be foreseen, and in case the occurrence of force majeure was foreseeable – if the consequences of its occurrence could not be prevented

9. Termination

1. A User who is a consumer has the right to withdraw from a contract concluded at a distance or off-premises of the Service Provider within 14 days from the day on which the contract was concluded. To meet the deadline it is sufficient to send the statement to the Service Provider’s registered address or e-mail address.
2. In the event of withdrawal from the contract, it is considered not concluded and the consumer is relieved of all obligations (except for paragraph 4). Payments made by the consumer will be refunded by the User in the same form in which the consumer made the payment, unless the consumer agrees to return the payment in another way that will not cause additional burden to the consumer. The return shall be made within 14 days from the date of withdrawal from the contract.
3. In connection with Article 38 of the Act of May 30, 2014 on consumer rights, the right to withdraw does not apply, among others, to contracts for the provision of services, if the Service Provider has fully performed the service with the express consent of the consumer, who was informed before the start of the service, that after the Service Provider’s performance, he will lose the right to withdraw from the contract.
4. In the case of a contract the subject of which is a service, and the commencement of its performance with the express consent of the consumer began before the expiration of the statutory deadline for withdrawal from the contract, the consumer in the event of withdrawal from the contract is obliged to pay the Service Provider for the services performed until the withdrawal from the contract.

10. Complaint procedure

1. In the event of non-performance or improper performance of services by the Service Provider, the User is entitled to file a complaint by e-mail to the Service Provider’s e-mail address.
2. A properly submitted complaint should include the User’s designation (name and e-mail address), the subject of the complaint with an indication of the period to which the complaint relates, and the circumstances justifying the complaint. If incomplete data is provided, the Service Provider will call on the User to complete the data.
3. The Service Provider shall consider the complaint within 14 days of receiving the complaint. Information about the handling of the complaint is communicated to the Service Recipient in the form of a message sent to his/her e-mail address.
4. Failure of the Service Provider to consider a complaint within the time limit specified in paragraph 3 shall mean that the complaint is accepted.

11. Intellectual property

1. All content posted on the Service Provider’s websites (including graphics, text, page layout and logos), and not originating from the User or other providers, shall be protected by copyright. Use of this content without the written consent of the Service Provider will result in civil and criminal liability.
2. The User is obliged to use any content posted on the Service Provider’s websites and comprising the Course only for his own personal use. Use of the content for other purposes is permitted only if so indicated explicitly by the Service Provider.
3. The use of the Service Provider’s websites and the Course, including the use of textual materials, graphics, images, applications, databases or other content, does not imply the acquisition of any rights by the User with respect to the indicated content and, in particular, does not imply the acquisition of economic copyrights, related rights or licenses, unless otherwise specified in the Regulations.
4. It is prohibited to undertake the following activities without the express consent of the Service Provider:
5. copying, modifying and transmitting electronically or otherwise the Website or any part thereof, as well as individual content made available through it,
6. distribution of the content published on the Website in any way,
7. downloading the contents of databases and reusing them in whole or in part.

12. Final provisions

1. Service Provider reserves the right to change the provisions of the Regulations. The Service Provider will notify the changes to the Regulations on the Website at least 14 calendar days before the changes to the Regulations take effect. The amendment of the provisions of the Regulations does not apply to Users who placed an order for a Paid Service while the previous version of the Regulations was in force. The amendment to the Regulations during a continuous contractual relationship is binding on the other party if the requirements set forth in Article 384 of the Civil Code have been observed, and the party has not terminated the contract within the notice period of 14 calendar days.
2. The Service Provider reserves the right to periodically disable access to the Website or selected functionalities of the Website in case it is necessary to expand or maintain the Service Provider’s technical or ICT resources related to the operation of the Website.
3. In other matters not regulated by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
4. Any disputes arising as a result of the provision of services under these Regulations shall be submitted to the jurisdiction of the court of competent jurisdiction according to the seat of the Service Provider, unless otherwise provided by the applicable regulations.
5. A consumer user has the right to use out-of-court dispute resolution and redress through mediation or arbitration. Regardless, the consumer can seek assistance from the city (county) consumer ombudsman. All necessary information can be obtained from the website of the Office of Competition and Consumer Protection at uokik.gov.pl. In addition, a user who is a consumer may use the electronic means of dispute resolution with the service provider through the ODR platform available at the following address http://ec.europa.eu/consumers/odr/.
6. The Regulations shall come into force as of 20 June 2022.