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Terms and Conditions

Last updated February 12, 2024

AGREEMENT TO OUR LEGAL TERMS

We are: Szkoła Hanna Kostiukevych company
registered: Poland at ul. Eliasza Radzikowskiego 47c/12, Cracow 31-315.
Our VAT number is PL9452278885.

We operate the website kostiukevychcoaching.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by:
– email at hanna@kostiukevychcoaching.com
– by mail to ul. Eliasza Radzikowskiego 47c/12, Cracow 31-315, Poland.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Szkoła Hanna Kostiukevych, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by hanna@kostiukevychcoaching.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. CONCLUSION OF THE SALES AGREEMENT
  5. PURCHASES AND PAYMENT
  6. RETURN/REFUNDS POLICY
  7. PROHIBITED ACTIVITIES
  8. USER GENERATED CONTRIBUTIONS
  9. CONTRIBUTION LICENSE
  10. THIRD-PARTY WEBSITES AND CONTENT
  11. SERVICES MANAGEMENT
  12. PRIVACY POLICY
  13. TERM AND TERMINATION
  14. MODIFICATIONS AND INTERRUPTIONS
  15. GOVERNING LAW
  16. DISPUTE RESOLUTION
  17. CORRECTIONS
  18. DISCLAIMER
  19. LIMITATIONS OF LIABILITY
  20. INDEMNIFICATION
  21. USER DATA
  22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  23. MISCELLANEOUS
  24. CONTACT US1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and
  • download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: hanna@kostiukevychcoaching.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

  1. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

(1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

  1. CONCLUSION OF THE SALES AGREEMENT

4.1. Any presentation of goods placed in the interface of the online store is informational in nature and the seller is not obliged to conclude a contract for the sale of this commodity. The provisions of the Civil Code do not apply.

4.2. The online store interface contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the goods, due to their nature, cannot be returned in the usual way by mail. The prices of the goods include VAT and all related fees. The prices of the goods are valid as long as they are displayed in the online store interface. This provision does not limit the possibility of the seller concluding a purchase contract on individually agreed terms.

4.3. The online store interface also contains information about the costs associated with packing and delivering the goods. The information about the costs associated with packing and delivering the goods provided in the online store interface is valid only when the goods are delivered within the territory of Poland.

4.4. To order goods, the Buyer fills out the order form in the online store interface. In particular, the order form contains information about: the ordered goods (the buyer adds the ordered goods to the virtual basket in the online store interface), the method of payment for the purchase price of the goods, information about the required method of delivery of the ordered goods and information about the costs associated with the delivery of the goods (hereinafter referred to as the “order”).

4.5. Before placing an order with the Seller, the Buyer has the opportunity to check and change the data entered into the order by the Buyer due to the possibility of detecting and correcting errors made by the Buyer when entering data into the order. The Buyer submits the order to the Seller by clicking the “Complete order” button. The Seller considers the data provided in the order to be correct. The Seller immediately confirms the order to the buyer by email to the buyer’s email address registered on the user account or provided in the order (hereinafter referred to as the “buyer’s email address”).

4.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller always has the right to ask the buyer for additional confirmation of the order (e.g. in writing or by phone).

4.7. The contractual relationship between the Seller and the Buyer arises at the moment of delivery of the ordered goods to the address provided by the Buyer in the order.

4.8. The Buyer agrees to the use of remote communication means for concluding a purchase agreement. The costs incurred by the Buyer in the case of using remote communication means related to the conclusion of the sales contract (internet connection costs, telephone call costs) are covered by the buyer and these costs do not differ from the basic rate.

  1. PURCHASES AND PAYMENT
  1. 5.1. The price of the goods offered through the Seller’s website is given along with value-added tax and all related fees.

5.2. The price of the goods and all costs associated with the delivery of the goods under the purchase agreement may be paid by the Buyer to the Seller in the following ways:

  • credit card; 
  • transfer to the seller’s bank account number 33 1240 4546 1111 0011 3029 2020 maintained at Bank Pekao S.A. (hereinafter referred to as the “seller’s account”); 
  • upon receipt of the goods;

5.3. Along with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with packing and delivering the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivering the goods.

5.4. The Seller does not require the Buyer to pay a deposit or any similar payment. This does not affect the provisions of Article 4.6 of the Commercial Terms regarding the obligation to pay the purchase price in advance.

5.5. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of order execution.

5.6. In the case of non-cash payment, the Buyer is obliged to provide the variable symbol, which he received during the order execution. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the appropriate amount to the Seller’s account.

5.7. The Seller is entitled, in a special case, when the Buyer does not provide additional order confirmation (art. 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of the Civil Code do not apply.

5.8. Any discounts from the price of the goods granted to the Buyer by the Seller cannot be combined.

5.9. The Seller is obliged to issue the Buyer a tax document – an invoice – for payments made under the purchase agreement. The Seller is a value-added tax payer. The tax document – an invoice is issued to the Buyer by the Seller after the ordered goods have been sent and is sent in electronic form to the buyer’s email address.

5.10. A request to change an invoice, if it is not a change resulting from a change in the delivery of goods or correction of an obvious inaccuracy of the original invoice (e.g. typo, incorrect quantity of invoiced goods, etc.), can only be submitted on the third day of the month following the date of issue of the invoice. After that, a change is no longer possible.

5.11. ORDER FULFILLMENT

Goods/services purchased in the Store are delivered based on the Buyer’s choice:

  • In the case of purchasing an e-book, the product will be delivered to the email address (provided during the purchase process) automatically after the payment is recorded.
  • In the case of purchasing individual consultation, the fulfillment date is agreed with the customer STRICTLY before the purchase. If a service is purchased without prior contact with the seller, the seller reserves the right to refund the money and refuse to consult.
  1. RETURN/REFUNDSPOLICY

6.1. The Buyer acknowledges that according to the provisions of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of goods that have been modified according to the Buyer’s wish or for the person from the contract for the delivery of goods that spoil easily, as well as goods that have been irreversibly mixed with other goods at the time of delivery, from the contract for the delivery of goods in sealed packaging, which the Consumer removed from the packaging and cannot be returned for hygiene reasons, and from the sales contract for the delivery of audio or video recordings or computer software, if the original packaging has been damaged. The Seller emphasizes that the goods – FFP2/mask half masks, which the Consumer removed from the packaging, are goods that cannot be returned for hygiene reasons.

6.2. If this is not the case referred to in Article 5.1 of the Commercial Terms or in another case where it is not possible to withdraw from the purchase contract, the Buyer, in accordance with the Civil Code, has the right to withdraw from the purchase contract within fourteen (14) days from receipt of the goods. If the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the day of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the contract, the Buyer may use the online contact form provided by the Seller. The Buyer may send the withdrawal from the purchase contract to the seller’s headquarters address or via the contact form.

6.3. In addition to the possible withdrawal from the contract on the terms specified in the previous paragraph, the Seller grants the Buyer, being a Consumer in place, the right to: withdraw from the contract within 60 days of receiving the goods without giving a reason, provided that the Buyer returns the goods to the Seller carefully packed in the original packaging along with all accessories and all packaging elements and provided that the goods have not been used in a way that goes beyond checking their nature, characteristics, and functionality and are not goods adapted to the personal needs of the Buyer or goods clearly adapted to the personal needs of the buyer.

6.4. In the event of withdrawal from the purchase contract, the purchase contract is terminated from the beginning. The goods must be returned to the Seller within fourteen (14) days from the day of delivery of the information about withdrawal from the contract to the Seller. If the Buyer withdraws from the purchase contract, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods, due to their nature, cannot be returned by ordinary postal routes. The Seller DOES NOT ACCEPT goods returned to his address by – PAYMENT ON DELIVERY. This package will not be received and will be returned to the sender.

6.5. In the event of withdrawal from the contract under Article 5.2 of the Commercial Terms, the Seller will refund the funds received from the Buyer within fourteen (14) days from the delivery of the Buyer’s statement of withdrawal from the purchase contract in the same way as the Seller received the funds from the Buyer. The Seller also has the right to refund the amount paid by the Buyer at the time of return of the goods by the Buyer or in another way, if the Buyer agrees to it and it does not involve additional costs for the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer until the Buyer returns the goods or proves that the goods have been sent to the Seller. In the event that the price of the goods was paid by the Buyer in the form of a gift voucher, the Seller will refund the gift voucher. If the price was partially paid in the form of a gift voucher, the Seller will refund the money partially in the form of a gift voucher, in proportion to the price paid.

6.6. The Seller is entitled to unilaterally offset the claim for compensation for the goods against the Buyer’s claim for a refund of the purchase price.

6.7. The Seller reserves the right to withdraw from the purchase contract in the following cases:
(a) In the event of an unlawful attempt by the Buyer to withdraw from the purchase contract and, as a result, the inability to contact him regarding further actions;
b) In the event of a complaint about the goods by the Buyer, when this complaint is recognised as unfounded and, as a result, the inability to contact him regarding further actions;
c) In the event of a complaint about the goods by the Buyer, when the goods are returned by the Seller to the Buyer’s address, who does not accept the goods, and the goods are returned to the Seller;
d) In all other cases, when the goods are sent by the Buyer to the Seller’s address without any information and the subsequent inability to contact the Buyer.

The Seller also reserves the right to cancel the Buyer’s order until the goods are received by the Buyer. In such cases, the Seller will refund the Buyer all funds received from the Buyer in connection with the order, without unnecessary delay, by non-cash transfer to the bank account indicated by the Buyer.

6.8. If a gift is given to the Buyer along with the goods, a gift contract between the Seller and the Buyer is concluded with the proviso that in the event of the Buyer’s withdrawal from the contract, the gift contract for such a gift loses its power, and the Buyer is obliged to return the gift along with the goods to the Seller. In the event that the Buyer does not return the gift along with the goods, the Seller has the right to reduce the refunded purchase price by the value of the unreturned gift.

6.9. Light bulbs (light sources), supplied as a gift or completely free of charge to purchased lamps, are promotional items. Their warranty does not cover them.

6.10. The Buyer – Consumer has the right to withdraw from the sales contract. If the Buyer is an entrepreneur and provided ID or VAT in the order, then he is no longer a consumer. Therefore, according to the Civil Code, the Buyer is not entitled to return the goods within 14 days of delivery of the goods.

For entrepreneurs – sole proprietorships – the deadline for withdrawing from a contract concluded at a distance via the Internet is 14 days from the moment of receipt of the goods.

  1. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
  • Use a buying agent or purchasing agent to make purchases on the Services.
  • Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Use the Services to advertise or offer to sell goods and services.
  1. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

  1. CONTRIBUTIONLICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

  1. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

  1. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

  1. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Poland. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Poland, then through your continued use of the Services, you are transferring your data to Poland, and you expressly consent to have your data transferred to and processed in Poland.

  1. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  1. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

  1. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of Poland, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. Szkoła Hanna Kostiukevych and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Cracow, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in Poland, or in the EU country in which you reside.

  1. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Cracow, Poland. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of Poland.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  1. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

  1. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

  1. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

  1. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  1.  MISCELLANEOUS 

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

  1. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Szkoła Hanna Kostiukevych
Eliasza Radzikowskiego 47c/12
Cracow 31-315
Poland
hanna@kostiukevychcoaching.com