§ 1
Preliminary Provisions
The Kemp Center online platform, accessible at https://kempcenter.com/, is operated by Kemp Center Sp. z o. o., registered in Katowice and entered into the National Court Register maintained by the District Court, Commercial Division KRS under number KRS 0000768232, NIP 9542801250, REGON 382411827.
These Terms and Conditions set out the rules governing the use of the online platform referred to in paragraph 1.
By using the platform, users accept and agree to be bound by these terms and conditions, the current version of which can be found at https://kempcenter.com, together with our privacy policy, which forms an integral part of these terms and is available at https://kempcenter.com/privacy-policy/
§ 2
Definitions
User – any person visiting the platform or using its services.
User Account – a personal dashboard through which Users can access their purchased courses and track their progress, hereinafter referred to as the “Account”.
Service Provider – Kemp Center Sp. z o. o., registered at ul. Gen. Józefa Hallera 18, 40-321 Katowice, entered into the National Court Register maintained by the District Court, Commercial Division KRS under number KRS 0000768232, NIP 9542801250, REGON 382411827.
Service – courses, tests, assessment tasks and final examinations, as well as electronic certificates of completion in accordance with Kemp Center certificates.
Course – a package of educational content delivered through electronic video materials containing lectures, images, electronic documents, exercises and tests, which constitute works within the meaning of the Copyright and Related Rights Act of 4 February 1994 (consolidated text: Journal of Laws 2006 No. 90, item 631 as amended), licensed for use by the Service Provider. The Course simultaneously forms the subject matter of the Agreement between the User and the Service Provider.
Platform – the website located at https://kempcenter.com/ and operated by Kemp Center Sp. z o.o., enabling paid access to Courses.
Agreement – a contract for the supply of digital content concluded remotely between the User and the Service Provider, without the simultaneous physical presence of both parties.
Digital Content – data produced and supplied in digital form, regardless of whether their characteristics have been specified by the consumer, including visual content, audio content in the form of images or text, digital games, software and digital content enabling the personalisation of existing hardware or software.
Terms – these Platform Terms and Conditions.
Order – the Customer’s declaration of intent submitted via the Order Form, aimed directly at concluding an Agreement for the supply of digital content.
Registration Form – the form available on the Platform enabling the creation of a User Account.
Order Form – an interactive form available on the Platform enabling the placement of Orders, particularly through adding Courses to the Basket and specifying the terms of the Agreement, including payment method.
Basket – a Platform software component displaying Courses selected by the User for purchase, which also allows for establishing and modifying Order details, particularly the quantity of products.
§ 3
Contact Details
- Vendor’s address: Kemp Center Sp. z o.o., ul. Gen. Józefa Hallera 18, 40-321 Katowice
- Vendor’s email address: info@kempcenter.com
- Vendor’s telephone number: +44 884724884
Users may communicate with the Service Provider using the addresses and telephone numbers provided in this section.
§ 4
Technical Requirements
To use the Platform, including browsing the Course catalogue and placing orders, the following are required:
- an end device with internet access and a web browser,
- an active email account,
- cookies enabled.
§ 5
General Information
To the fullest extent permitted by law, the Service Provider accepts no liability for disruptions, including interruptions in Platform functionality, caused by force majeure, unauthorised actions of third parties, or incompatibility between the Platform and the User’s technical infrastructure.
Browsing the Platform catalogue does not require creating an Account. Users may place orders either by setting up an Account in accordance with the provisions of § 6 of these Terms, or by providing the necessary personal and address details required to deliver the Service.
Prices displayed on the Platform are shown in British pounds, US dollars, euros and Polish zloty and are gross prices (inclusive of VAT).
The final amount payable by the User comprises the Course price and (optionally) the cost of issuing certificates and attestations (for example, an additional charge of 49 PLN upon Course completion), about which the User is informed on the Platform pages during the ordering process, including at the point of agreeing to be bound by the Agreement.
The final amount does not include costs for producing paper versions and delivery of the aforementioned documents (including transport, delivery and postal charges).
§ 6
Creating a Platform Account
To create an Account on the Platform, you must complete the Registration Form. The following details are required:
- First name,
- Surname,
- Email address.
Creating an Account on the Platform is free of charge.
Account login is accomplished by entering the username and password established during Registration Form completion.
Users may delete their Account at any time, without stating reasons and without incurring any charges, by sending an appropriate request to the Service Provider, particularly via email or in writing to the addresses provided in § 3.
§ 7
Order Placement Procedure
To place an Order:
- log in to the Platform (optional);
- select the Course that is the subject of the Order, then click the “Add to Basket” button (or equivalent);
- log in or use the option to place an Order without registration;
- if you’ve chosen to order without registration – complete the Order Form by entering the Order recipient’s details and address, enter billing details if different from the recipient’s details;
- click the “Order and Pay” button;
- select one of the available payment methods and, depending on the payment method, pay for the order within the specified timeframe, subject to § 8 point 3.
Orders may be placed around the clock. After the Course start date shown on the Platform, you may begin the Course at any time.
§ 8
Available Delivery and Payment Methods
Users may choose from the following delivery or collection methods for certificates and attestations:
- Electronic delivery (included in the Course price),
- Postal delivery (additional charge of 49 PLN / 47€ / 55 USD / 41 GBP after Course completion).
Customers may use the following payment methods:
- Electronic payments,
- Credit/debit card payment,
- BLIK payment,
- Bank transfer (proforma invoice).
Detailed information about delivery methods and accepted payment methods is available on the Platform pages.
The payment operator is PayPro SA Settlement Agent, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto i Wilda in Poznań, VIII Commercial Division of the National Court Register under number KRS 0000347935, NIP 7792369887, Regon 301345068.
§ 9
Agreement Performance
The Agreement is concluded after the User has placed an Order using the Order Form on the Platform in accordance with § 7 of these Terms.
After placing an Order, the Service Provider immediately confirms receipt and simultaneously accepts the Order for processing. Confirmation of Order receipt and acceptance for processing occurs through the Service Provider sending the User an appropriate email to the email address provided during Order placement, containing at minimum the Service Provider’s statements regarding receipt of the Order and its acceptance for processing, as well as confirmation of Agreement conclusion. The Agreement is concluded upon the User’s receipt of the aforementioned email.
If the User has selected a delivery method for certificates and attestations other than electronic dispatch, these will be sent by the Service Provider within 30 days of Course completion.
Delivery as referred to in paragraph 3 incurs a charge. Delivery costs (including transport, delivery and postal charges) are specified in these Terms.
§ 10
User Rights and Obligations
Users have the right to:
- unlimited time access to the Course on the Platform through their own account (except for MS Word, MS PowerPoint, Excel Basic, Excel Advanced, Pivot Tables, and Macros courses, where access expires after one year),
- download and print supplementary materials forming part of the Course only, without the right to share them further,
- receive electronic certificates and attestations upon passing the final examination,
- if the user received a special offer when ordering the course, they have the right to use the guarantee within 10 days from the moment of purchase; the condition for using the guarantee is completing at least 50% of the course and sending justified information through the contact form. The right to use the guarantee does not apply if the User has already received electronic course completion certificates.
Users are obliged to:
- comply with the provisions of these Terms,
- independently complete tests and tasks,
- independently pass the final examination.
Users acknowledge that all materials made available to them as part of Course participation constitute the exclusive intellectual property of the Service Provider or other appropriate entities and are legally protected in accordance with applicable regulations (including the Copyright and Related Rights Act of 4 February 1994).
Users undertake to use the materials entrusted to them and their content (including in particular training materials made available on the Platform) exclusively for their own learning purposes and not to share them with third parties without the consent of the Service Provider or the appropriate copyright holder.
Users are not authorised to download, save or print materials other than those mentioned in paragraph 1.2.
In the event of breach of the provisions of this section, the Service Provider and copyright holders may seek compensation from the User for any material and non-material losses resulting from such breach.
§ 11
Service Provider Rights and Obligations
The Service Provider reserves the right to temporarily block access to the Platform for maintenance purposes.
The Service Provider reserves the right to temporarily block a User Account or access to selected Services if it is determined that the security of the User’s Account is at risk – for example, when there is suspicion of unauthorised access to the User’s Account.
The Service Provider reserves the right to introduce additional restrictions on the use of User Accounts, including Account deletion, in the event of serious breach of these Terms by the User or attempted harm to the Service Provider when the User:
- uses the User Account in a manner inconsistent with these Terms;
- uses or attempts to use the Platform in a manner inconsistent with its intended purpose;
- violates or attempts to violate the Platform’s technical security measures to gain unauthorised access to the Service Provider’s IT resources.
§ 12
Right of Withdrawal
The right of withdrawal applies only to agreements concluded with Consumers.
In accordance with Article 27 of the Consumer Rights Act of 30 May 2014, Users who are Consumers have the right to withdraw from the agreement within 14 days of Agreement conclusion without stating reasons.
Consumers, in accordance with Article 38 point 13 of the Act referred to in paragraph 2, do not have the right to withdraw from an agreement for the supply of digital content not supplied on a tangible medium if performance of the service has begun with the Consumer’s express consent before the expiry of the withdrawal period and after the entrepreneur has informed them of the loss of the right to withdraw from the agreement.
Acceptance of these Terms constitutes consent to performance of the service.
§ 13
Warranty and Complaints
Complaints submitted by Platform Users regarding non-performance or improper performance of services should contain:
- the complainant’s first name, surname and contact details,
- the email (login) of the User Account to which the complaint relates,
- the subject of the complaint, including circumstances justifying the claim,
- the complainant’s signature and date.
Complaints should be sent by email or traditional post to the Service Provider’s correspondence address provided in these Terms.
Responses will be provided in the same form in which the Service Provider received the complaint, to the address provided in the complaint.
Complaints will be addressed within 14 days of receipt of written notification, unless applicable regulations specify a different timeframe.
Where additional explanations from the User are necessary to address the complaint, the response period is additionally extended by the time taken for the User to provide explanations.
§ 14
Alternative Dispute Resolution
Out-of-Court Complaint Resolution and Claims Procedures
Consumers have the option to use out-of-court complaint resolution and claims procedures. Detailed information about available procedures and institutions responsible for consumer rights protection is available depending on the Consumer’s country of residence:
Poland – information is available on the websites of the Office of Competition and Consumer Protection (UOKiK):
- www.uokik.gov.pl/spory_konsumenckie.php
- www.uokik.gov.pl/sprawy_indywidualne.php
- www.uokik.gov.pl/wazne_adresy.php
European Union – consumers may use the EU online dispute resolution platform (ODR), available at: https://ec.europa.eu/consumers/odr
United Kingdom – information about alternative dispute resolution (ADR) methods is available at:
- https://www.citizensadvice.org.uk
- https://www.gov.uk/government/organisations/competition-and-markets-authority
United States – consumers may seek assistance from the Federal Trade Commission (FTC) and local consumer protection agencies:
Use of out-of-court dispute resolution methods is voluntary and possible after completion of the complaints procedure.
§ 15
Personal Data on the Platform
The controller of Users’ personal data collected via the Platform is the Service Provider.
Users’ personal data collected by the controller via the Platform is collected for the purpose of Agreement performance and, if the User consents, also for marketing purposes.
Recipients of Platform Users’ personal data may include:
- in the case of Users who use postal or courier delivery for certificates and attestations – the selected carrier or intermediary fulfilling deliveries on behalf of the Administrator;
- in the case of Users who use electronic payment methods or card payments – the selected entity handling such payments on the Platform.
Customers have the right to access and correct their data.
Provision of personal data is voluntary; however, failure to provide the personal data specified in these Terms as necessary for Agreement conclusion will result in the inability to conclude such Agreement.
§ 16
Final Provisions
Agreements are concluded in Polish.
The Service Provider reserves the right to amend these Terms. In the event of significant changes, users will be notified electronically (to the email provided during registration or ordering) or via notifications on the Platform.
Matters not regulated by these Terms shall be governed by generally applicable provisions of Polish law, in particular: the Civil Code; the Act on Provision of Electronic Services; the Consumer Rights Act; the Personal Data Protection Act.
Customers have the right to use out-of-court complaint resolution and claims procedures.