Terms and conditions of providing electronic services at Berlitz.pl

  1. Definitions 

Whenever the below capitalized phrases are used in the following section of the Terms and Conditions, they shall bear the meaning given, unless the context of their use clearly indicates otherwise:  

  1. the Platform - the software made available to the User by Berlitz, allowing in particular to use the Services and the Content of the purchased language course.
  1. Client or Buyer - means an individual who has entered into an Agreement with Berlitz Poland Spółka z ograniczoną odpowiedzialnością with respect to paid services. The provisions of the Terms and Conditions pertaining to the Client shall also apply to an individual concluding an Agreement directly related to his/her business activity, when the content of the Agreement indicates that it does not have a professional character for that individual, resulting in particular from the subject of his/her business activity, shared on the basis of the provisions of the Central Register and Information on Business Activity. 
  1. Course - means an online foreign language course offered by Berlitz Poland Spółka z ograniczoną odpowiedzialnością
  1. Operator or Berlitz - shall mean Berlitz Poland Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, address: Prosta 69 Street, 00-838 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, KRS 0000119749; NIP 526-021-52-66, REGON:012033020, share capital: PLN 1,171,350; phone no.: +48 228 737 685,  e-mail:
  1. Registration - means a one-time action, consisting of the creation of an account on the Website by the Operator at the express request of the User made by providing an e-mail address, telephone number, name and surname (login) and password. 
  1. Terms and Conditions - means these Regulations for the provision of electronic services on the www.berlitz.com/pl-pl website. 
  1. Portal - the Internet portal operating at the following Internet address: www.berlitz.com/en-pl and kursy-jezykowe.berlitz.pl together with subdomains operated by the Operator under the conditions specified in the Terms and Conditions. 
  1. Content - means all kinds of text data, graphic data, audio files (e.g. recordings), audio-visual files (e.g. video clips, films, multimedia objects, voiceover recordings, courses, etc.), non-copyrighted information, as well as comments, opinions and ratings posted by the User or instructor on the Portal; any additional attachments, files or materials attached to the Content are an integral part of it. This is digital content not recorded on a tangible medium. 
  1. Agreement - means an agreement for paid delivery of Content not recorded on a tangible medium containing content assigned to a selected Course, concluded between the Operator and the Buyer for a definite period of time; the Agreement may be concluded at the business premises of Berlitz Poland Spółka z ograniczoną odpowiedzialnością or outside such premises ( remotely). 
  1. Services - means the Courses available on the Portal.
  1. User - means a natural person having legal capacity, who uses the services provided by the Operator through the Portal on the basis of the Agreement and the provisions of the Terms and Conditions. In order for a person without full legal actions capacity to be a User, his/her legal guardian's consent to use the Service must be expressed. At the request of the Operator, the legal guardians of such Users shall submit their written consent to use the Portal. 

II. General Terms and Conditions  

  1. These Regulations set forth the terms of use of the www.berlitz.com/en-pl website by the User, as well as the rights and obligations of the Client and the Operator.
  1. Before using the Services, the following Terms and Conditions must be read carefully. By starting to use the Services, the Client and the User confirms that he/she has read the Terms and Conditions, accepts their provisions and undertakes to comply with them. 
  1. The Operator shall make these Terms and Conditions available on the Portal free of charge before the conclusion of the Agreement. Terms and Conditions may be freely reproduced, copied, printed and downloaded from the Portal at any time.
  1. The terms of the hereby Terms and Conditions shall apply to the extent not expressly provided otherwise in the Agreement concluded between the Buyer and Berlitz. 
  1. The Operator may indicate the partners with the help of which it provides the Services, such as online payment operators used by the Buyer. 
  1. All written or electronic correspondence should be addressed to the following contact details of the Operator: e-mail: ecommerce@berlitz.pl; mailing address: Prosta 69 Street, 00-838 Warsaw.

7. Customer Service provides Clients and Users with information and technical support related to the Agreement, the Service, the Terms and Conditions, on business days, during the hours indicated on the site in the "Contact" tab, at the telephone numbers and e-mail address ecommerce@berlitz.pl indicated there, via the contact form on the site. The cost of a call to Client Support - fee as for a standard call - according to the price list of the relevant operator. 

III. Registration on the Portal 

1. The Buyer and the User, when performing any actions, are obliged to provide true and complete personal details.  

2. The User is obliged not to disclose to any third party the access password to the account established on the Portal and shall be solely responsible for damages caused by such disclosure.  

3. The User may have only one account on the Portal.  

IV. Technical requirements: 

Operating system: Windows or MacOS 

System requirements for coaching sessions and lessons with an online instructor: 

Desktop computers: 

Windows:  

  • Windows 10, Windows 8 or 8.1, Windows 7
  • Chrome, Firefox, Edge Chromium
  • Computer or laptop with Intel Pentium 4 or later processor supporting SSE2 and 512 MB of RAM or Surface PRO 2 or Surface PRO 3

MacOS: 

  • Mac OS X, macOS 10.9 or later
  • Chrome, Firefox, Edge Chromium, Safari (not supported yet)
  • 64-bitowy processor Intel and 512 MB of RAM

Chrome OS: 

  • Our Live Coaching Platform works through the Chrome browser on laptops and tablets running Chrome OS (Chromebooks).
  • Chrome
  • 2GB RAM

Mobile devices: 

iPhone (iOS): 

  • iPhone 5S or later
  • Safari
  • iOS 11 or later

iPad (iOS): 

  • iPad Mini 3, iPad Air, iPad Pro, iPad (2017) or later
  • Safari
  • iOS 11 or later

Android (tablet and smartphone): 

  • Android 4.0 or later
  • Chrome

Network requirements: 

To ensure a smooth conversation, the Live Online platform adjusts data transmission based on the capabilities of your home network:  

  • To participate in a session with a microphone and webcam you need at least 2 Mbps upload speed and 2 Mbps download speed
  • To participate in a microphone-only session you need at least 1.5Mbps upload speed and 2 Mbps download speed 
  • To participate in a listen-only session (no microphone or webcam) you need at least 1 Mbps upload speed and 2 Mbps download speed

Speed can be tested at the following website

Firewall: 

The ability to upload and download live videos through the following ports is required to connect to the Live Online platform: 

  • UDP
  • TCP: 80, 443
  • HTTP: 80, 443

V. Terms and conditions of the Agreement conclusion 

1. The Operator shares the current offer of language courses on the Portal. The level of the course is assigned to the User on the basis of the language test solved by the User, which is available on the website of the Portal. 

2. The User's use of the Courses on the Portal is subject to payment in accordance with the current price lists posted on the Website or agreed individually with the Client on the basis of the concluded Agreement.  

3. All prices listed on the Operator's websites are gross prices. The price of a Course listed on the Website is binding at the time of the Client's purchase of a particular Course. 

4. Using a Course is subject to the conclusion of an Agreement between Berlitz and the Client.. 

5. Acceptance of the terms of the Agreement and the Terms and Conditions, together with the appendices forming an integral part thereof, is made by clicking on the button "I have read the Terms and Conditions of the Portal and the Agreement and accept their contents". 

6. An Agreement concluded remotely without the simultaneous physical presence of the parties, with the exclusive use of one or more means of remote communication shall be deemed to have been concluded at the moment the Client receives the confirmation of conclusion of the Agreement sent by Berlitz to the Client's e-mail address. 

7. After the conclusion of the Agreement, the Operator will send to the Buyer on a durable medium by means of a message to the Buyer's e-mail address a document of the concluded Agreement and an acknowledgment of receipt of the Buyer's consent to the delivery of the Content under circumstances causing the loss of the right of withdrawal from the Agreement. 

VI. Payment under the Agreement  

1. Berlitz provides the Client with various payment methods.  

2. The current possible payment methods are specified on the Portal and each time, also at the time the Client expresses his/her will to be bound by the Agreement. 

3. The available payment methods include:  

a) one-time payment by electronic transfer; 

b) payment by installments through consumer loan;  

c) payment by card; 

d) BLIK payment; 

4. Settlement of electronic payment and payment card transactions is carried out at the User's choice through authorized payment services. Payment through authorized payment services requires following the guidelines of the operator of that service and reading the relevant terms and conditions of the payment service.  

 

VII. Execution of the Agreement 

1. The performance of the Service consists in the transfer of the ordered Content to the Buyer. 

2. The Operator shall make the Content available to the Buyer no sooner than after positive authorization of payment or crediting of payment to its bank account. The Content may be transferred to the Buyer immediately after the conclusion of the Agreement and payment of the order or within the time limits specified by the Operator depending on the type of Content that the Buyer has purchased. 

3. The Buyer, depending on the choice of the Operator and the technical capabilities of the Portal, may access the Content via: 

a) a link sent to the Buyer at the e-mail address indicated by the Buyer, or 

b) a User account to which the purchased Content will be assigned, or  

c) a dedicated page of the Portal where the purchased Content is located. 

4. For information on whether given Content can be downloaded by the Buyer to their own medium, please refer to the description of the Content or the instructions provided to the Buyer. 

5. If the given Content can be downloaded by the User, the Operator may introduce a limit on downloads of the given Content (for example, given Content will be able to be downloaded only once). If a download limit is introduced, the Operator shall clearly indicate to the Buyer how many times the User may download the Content under the concluded Agreement. 

6. The Content shall be deemed delivered when the Content or the means to access or download the Content have been made available to the Buyer, either to a physical or virtual device that the Buyer has independently selected for such purpose, or when the Buyer or such device has accessed the Content. 

7. Subject to fair use provisions, the Buyer may use the Content solely for his/her own purposes. In no event shall the Buyer have the right to provide or sell the Content, or in any way develop the Content under their own label, to incorporate the Content or portions of the Content into their own products or services that they provide or sell, and other similar commercial activities using the Content. 

8. When a Buyer accesses purchased Content through a User account, it is prohibited to: 

a) share the User's account with other persons or share access data to the User's account with other persons;  

b) attempt unauthorized access to Content that has not been assigned to the User's account as a result of its purchase; 

c) use the functions available within the User's account in a manner that violates the personal rights of others or violates good morals; 

d) record individual lessons or conversations held as part of the provision of the Service and use of the Course without the prior consent of the Operator;  

e) use the personal data of instructors and native speakers for any purpose other than those specified in the Terms and Conditions. 

9. Changes to the Content may be made only for legitimate reasons, in particular, such as removal of defects, adaptation of the Content to the needs of Users.  

VIII. User’s Rights  

1. The User has the right to:  

a) uninterrupted access to the Portal, subject to the Terms and Conditions; 

b) delete the User's account on the Portal.  

IX. Rights and Obligations of the Operator 

1. The Operator shall:  

a) provide access to the Portal for use of the Services in the period specified in the Agreement except as described in paragraph 2;  

b) provide the Services to the extent specified in the Agreement;  

c) promptly repair defects in the provision of the Service reported by the User.  

2. The Operator has the right to:  

a) temporary, short-term discontinuation of the Portal due to maintenance activities or related to modification of the Portal or due to force majeure;  

b) send technical messages to the e-mail address of a given User related to the functioning of the Portal and the implementation of the Service and new functionalities on the Portal;  

c) block the account of Users whose actions or omissions violate the provisions of generally applicable law or the Terms and Conditions.  

X. Operator’s Liability  

1. The Operator shall not be liable for any actions of the User.  

2. The Operator shall not be liable for the results of learning a foreign language by using the Services through the Portal.  

3. The Operator shall not be liable for technical problems or technical limitations in the User's computer or mobile equipment that prevent the User from using the Portal or the Services.  

4. The Operator shall not be liable for infringement of the rights of third parties and causing damage to third parties as a result of or in connection with the activities carried out by the User, especially in the case of the Users' infringement of copyright and other intellectual property rights vested in third parties. 

5. The Operator shall not be liable for interruptions in the functioning of the Website and interruptions in the operating of the Portal occurring as a result of force majeure, understood as an event which could not have been foreseen and whose consequences could not have been prevented. In the event of a force majeure occurrence, the Operator shall immediately inform the User about the interruption of the Service and provide the reason for it. 

XI. Intellectual Property  

1. The Operator is entitled to all economic copyrights to all works on the Portal, including but not limited to educational materials and Courses. 

XII. Procedure for reporting unlawful Content  

1. The User shall be solely responsible for the nature, correctness, completeness, accuracy and usefulness and content of the Content posted by him/her and participation in the lessons. The Operator assumes no responsibility for the Content, subject to Article 14 of the Electronic Services Act. Posted Content does not express the views of Berlitz and should not be equated with its activities. 

2. If the User becomes aware of the fact that Content violating the Terms and Conditions has been posted on the Portal, he/she should immediately report such fact by contacting the Operator at the following e-mail address: ecommerce@berlitz.pl 

3. It is forbidden to post unlawful Content or Content associated with unlawful activity on the Portal, in particular Content that constitutes:  

a) works within the meaning of the Copyright and Related Rights Act, or objects of related rights, as well as objects of industrial property rights within the meaning of the Industrial Property Law Act (e.g. trademark) in case the User making them available through the Portal is not authorized to use them in a manner allowing them to be posted on the Portal;  

b) Violation of personal rights of natural persons or legal entities within the meaning of the Act - Civil Code (e.g., providing false information about a natural person or legal entity, posting the image of a third party without its consent);  

c) Violation of applicable laws, including public incitement to hatred on the basis of national, ethnic, racial, religious differences or on the basis of irreligiousness, the commission of a crime or a misdemeanor, as well as insulting religious feelings within the meaning of the Act - the Criminal Code;  

d) Violation of any other third party rights.  

4. Unless otherwise expressly provided, the User shall not be entitled to any remuneration for posting Content on the Portal.  

5. The Operator reserves the right to prevent access to the Content which, based on reports from third parties or relevant authorities, has been determined to be unlawful or associated with unlawful activity. Nevertheless, it should be borne in mind that the Operator does not conduct any prior or ongoing control of the posted Content.  

6. In the event that the posting of any Content by the User within the Portal results in a violation of the rights of third parties or the provisions of applicable law, or the causing of damage to a third party by the User or Berlitz acting in reliance on the User's representations made by accepting these Terms and Conditions, the User shall be obligated to fully indemnify Berlitz for any damage incurred as a result of such violation.  

XIII. Personal Data Protection  

1. Users' and Clients' data - to the extent that they constitute personal data within the meaning of the law - are processed by the Operator as a data controller.  

2. The processing of Users' and Clients' personal data is carried out in accordance with applicable laws (in particular, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC [General Data Protection Regulation]), as well as the hereby Terms and Conditions and Privacy Policy.  

3. Provision of personal data is voluntary but necessary in order to establish an account, use the Services, conclude and perform the Agreement.  

4. Detailed information on the protection of personal data is provided at the following website:

in the „Privacy Policy” tab. 
 

XIV. Complaints  

1. The client is entitled to file a complaint related to the provision of the Service by the Operator. The complaint may be submitted in writing at: Prosta 69 Street, 00-838 Warsaw or electronically to the e-mail address: ecommerce@berlitz.pl.  

2. The complaint should contain the Client's data and a description of the reported objections.  

3. The Operator will, within 14 days from the date of receipt of the complaint at the latest, respond to the complaint and inform the Client about further proceedings. If the complaint is justified, the Operator will inform the Client of the proposed method of implementation of the complaint. If the Operator finds it necessary for the Client to supplement the complaint, the Operator will duly contact the Client.  

4. If the complaint is rejected, the Client may turn to the municipal or district consumer ombudsman. Free information is provided by phone, e-mail or directly at the ombudsman's office. The address and telephone number of the relevant ombudsman can be found at the County or City Hall, as well as on the website of the Office of Competition and Consumer Protection.  

XV. Dispute settlement  

1. The Client has the right to use out-of-court means of handling complaints and pursuing claims, including but not limited to:  

a) applying to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute. Information on the mediation procedure can be found at the headquarters and on the websites of the individual provincial inspectorates of the Trade Inspectorate:

 

b) applying to a permanent amicable consumer court operating at the provincial inspector of the Commercial Inspection with a request to resolve a dispute arising from the concluded agreement. Information on how to access the aforementioned mode and procedures for dispute resolution can be found at the following address: www.prawakonsumenta.uokik.gov.pl. 

c) request free legal assistance from the municipal (district) consumer ombudsman or a social organization whose statutory tasks include consumer protection, such as the Consumer Federation (www.federacja-konsumentow.org.pl);

 

d) Submission of a dispute for resolution through the EU's Online Dispute Resolution (ODR) platform, available at: 

 

2. Detailed information about out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and the Office of Competition and Consumer Protection.  

3. The use of out-of-court means of dealing with complaints and claims is voluntary and may take place if both parties to the dispute agree to it.  

4. If the parties do not reach an amicable agreement, the common court in Poland shall have jurisdiction to settle any disputes. 

XVI. Adjusting the Content to comply with the Agreement 

1. If the Content is inconsistent with the Agreement, the Buyer may demand that the Content be brought into conformity with the Agreement. 

2. The Buyer may submit the aforementioned demand by means of a message to Berlitz's e-mail address, describing in detail the essence of the existing non-conformity of the Content with the concluded Agreement.  

3. If bringing the Content into conformity with the Agreement is impossible or would require excessive costs of Berlitz, Berlitz may refuse to have the Content brought into conformity with the Agreement. 

4. In assessing the unreasonableness of the costs for Berlitz, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity of the Content with the Agreement and the value of the Content conforming to the Agreement.  

5. Berlitz shall make the Content conform to the Agreement within a reasonable time, no longer than 14 days from the time it was informed by the Buyer of the non-conformity of the Content with the Agreement without undue inconvenience to the Buyer, taking into account the nature of the Content and the purpose for which it is used. 

6. The costs of bringing the Content into compliance with the Agreement shall be borne by Berlitz. 

 

 XVII. Withdrawal from the Agreement 

1. Subject to the Terms and Conditions or individual Agreements concluded with the Operator, the Buyer has the right to withdraw from the Agreement without giving any reason within 14 days from the date of its conclusion.  

2. In order to exercise the right of withdrawal from the Agreement, the Buyer should, within 14 days from the date of its conclusion, send an unequivocal statement of withdrawal from the Agreement in the form of a document to the e-mail address: ecommerce@berlitz.pl. The Buyer may use the model withdrawal statement form located on the Website.  

3. The template for withdrawal from the Agreement is attached as Appendix No. 1. Use of the template is not necessary for proper withdrawal from the Agreement.  

4. The Buyer does not have the right to withdraw from the Agreement: 

  1. in the event that the delivery of the Service has begun with the express consent of the Buyer before the expiry of the deadline for withdrawal from the Agreement and after Berlitz has informed him/her of the loss of the right to withdraw from the Agreement;
  1. in other cases provided for by the provisions of Article 38 of the Consumer Rights Act of May 30

5. If the Content provided by Berlitz does not comply with the Agreement, the Buyer may submit a statement of price reduction or withdrawal from the Agreement when: 

  1. making the Content conform to the Agreement is either impossible or requires excessive costs pursuant to XVI Sections 2 and 3;
  1. Berlitz has failed to bring the delivered Content into compliance with the Agreement in accordance with XVI Section 4;
  1. the non-compliance of the delivered Content with the Agreement continues even though Berlitz has attempted to bring the delivered Content into compliance with the Agreement;
  1. the failure of the delivered Content to conform to the Agreement is so substantial as to justify either a reduction in price or withdrawal from the Agreement without first exercising the remedy set forth in XVI;
  1. it is clear from Berlitz's statement or circumstances that it will not render the delivered Content in conformity with the Agreement within a reasonable time or without undue inconvenience to the Buyer.

6.  The reduced price must remain in such proportion to the price under the Agreement as the value of the non-conforming Content remains to the value of the conforming Content. If the Agreement stipulates that the Content is delivered in parts or continuously, the price reduction must take into account the time during which the Content remained inconsistent with the Agreement. 

7. The Buyer may not withdraw from the Agreement if the nonconformity of the Content with the Agreement is negligible. The non-conformity of the Content with the Agreement shall be presumed to be substantial. 

8. In case of effective withdrawal from the Agreement, Berlitz shall be obliged to refund the price only to the part corresponding to the Content that does not comply with the Agreement or to the Content that does not have to be delivered due to the effective withdrawal from the Agreement by the Client. 

9. In the event of effective withdrawal from the Agreement after payment by the Buyer, the refund payment shall be sent within 14 calendar days after withdrawal in the same manner in which the payment was made, or, if such refund payment is not possible, by postal money order, unless Berlitz agrees with the Buyer on another way of refunding the money. 

XVIII. Final Provisions  

1. Information on changes to the Terms and Conditions will be provided via e-mail correspondence or by providing clear and conspicuous information on the Website, in either case, at least 14 days in advance. Amendments shall become effective on the date indicated in the information referred to in this paragraph.  

2. The Operator reserves the right to amend these Terms and Conditions for the following important reasons indicated below:  

a) if an amendment to the Terms and Conditions is necessary due to a change in generally applicable laws - accordingly, to the extent necessary;  

b) implementation of an obligation arising from a final court decision or a decision of administrative authorities;  

c) changes resulting from security reasons, including those aimed at preventing the use of the Service, in a manner contrary to the law or to these Terms and Conditions;  

d) introduction of significant changes in the functioning of the Portal, including those related to technical or technological progress, including changes in the Operator's systems.  

3. Terms and Conditions as they were before the effective date of the new Terms and Conditions shall apply to paid services active before the effective date of the new Terms and Conditions.  

4. The Terms and Conditions and the Agreement shall be governed by Polish law.  

5. Annexes to the Terms and Conditions are an integral part thereof.  

Annex no 1 

SAMPLE WITHDRAWAL FORM (This form must be completed and returned only if you wish to withdraw from the agreement) 

– Addressee Berlitz Poland Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, address: Prosta 69 Street, 00-838 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, KRS 0000119749; NIP 526-021-52-66, REGON:012033020, share capital: PLN 1,171,350; phone no: +48 228 737 685, e-mail: ecommerce@berlitz.pl 

– I/We(*) hereby inform(*) of my/our withdrawal from the agreement of sale of the following items(*) 

agreement for the supply of the following items(*) agreement for the performance of the following items(*)/for the provision of the following service(*) 

– Agreement conclusion(*)/receipt date(*) 

– Consumer’s name and surname 

– Consumer’s address 

– Consumer’s signature (only if the form is sent in paper format) 

– Date 

(*) Delete as necessary.