Terms and Conditions for the Platform

English Out Loud Speaking Club

§1 Definitions

  1. Access: A paid electronic service provided by the Service Provider to the User, granting access to educational content and other features available within the Club. The Access service is automatically renewed for subsequent subscription periods unless the User cancels the Subscription. Automatic renewal does not apply to the Month in the Club.
  2. Business Days: Monday to Friday, excluding public holidays.
  3. Consumer: A consumer as defined by the Civil Code.
  4. Account: An individual space for the User within the Club, accessible upon registration and purchase of Access. The Account service is automatically renewed unless the User cancels the Subscription.
  5. Lessons: English language lessons organized or provided by the Service Provider within the Club.
  6. Instructor: A person conducting Lessons with relevant knowledge and skills.
  7. Club: An online platform created and operated by the Service Provider, available at https://club.english-outloud.com, where the Service Provider delivers Access and Account services to Users.
  8. Month in the Club: A time-limited paid Access to the Club, valid for one month without automatic renewal.
  9. Subscription Period: The period during which the Service Provider delivers Access and Account services to the User, lasting one month.
  10. Payment Operator: Stripe, Inc., 510 Townsend Street, San Francisco, CA 94103, USA.
  11. Privileged Entrepreneur: An individual entering into an agreement with the Service Provider directly related to their business activity but not of a professional nature.
  12. Terms and Conditions: These Terms and Conditions, also serving as the terms for electronic services, available in the Club.
  13. Subscription: A paid individual User’s access to the Club for a chosen Subscription Period, automatically renewed for subsequent periods.
  14. Service Provider: Elżbieta Augustyniak, conducting business under Elżbieta Augustyniak LanguageSpring, registered in the Central Register and Information on Economic Activity, NIP 7282482320, REGON 473276997, located at ul. Sarmacka 10/54, 02-972 Warsaw, Poland. Contact: info@english-outloud.com, phone: +48 604-911-490.
  15. Agreement: A contract between the User and the Service Provider for Access and Account services, effective upon receipt of payment. The Agreement is for a defined period, equal to the Subscription Period, and is auto-renewable unless the Subscription is canceled.
  16. User: An entity using the Club.
  17. Privileged User: A Consumer or Privileged Entrepreneur.
  18. Order: An action or declaration by the User to enter into an Agreement with the Service Provider under these Terms and Conditions.

§2 General Information

  1. These Terms and Conditions govern the provision of electronic services by the Service Provider.
  2. The full text of the Terms and Conditions is available in the Club and may be saved in any format by the User.
  3. Registration in the Club implies the User’s acknowledgment and acceptance of the Regulations.
  4. Detailed information about the Club, including features, language proficiency levels, and session schedules, is available in the Club.
  5. Users must use the Club in accordance with social norms and applicable laws. Providing unlawful content, including offensive language or disruptions during lessons, is prohibited.
  6. Users are required to treat each other with mutual respect.
  7. Content created by the Service Provider and available in the Club is subject to intellectual property rights, including copyright protection under relevant laws.

§3 Technical Requirements

1. To use the Club, the following are required:
a. An internet-connected device.
b. A web browser supporting JavaScript and cookies.

2. Participation in “Live Lessons,” “Coffee Sessions,” “Book Club Meetings,” and “Saturday Meetings” requires Zoom software.

3. Users are responsible for covering their own data transmission costs according to their internet provider’s rates.

4. To create an Account, an active email address is required.

§4 Rules for Using the Club

  1. To gain Access, the User must:
    a. Provide the necessary information (e.g., username, password) on the Club’s sales page.
    b. Complete payment using available payment methods.
  2. Access is granted no later than three Business Days after the Service Provider receives payment.
  3. Access includes participation in:
    • Saturday Morning Lessons: Interactive lessons for self-study.
    • Live Lessons: Group sessions lasting 40-60 minutes.
    • Coffee Sessions: Group meetings lasting 30-40 minutes.
    • Book Club Meetings: 60-minute group discussions.
    • Saturday Meetings: 60-minute group sessions.

4. Users with Access can schedule Coffee Sessions independently without instructor involvement.

5. Access includes at least three Live Lessons and nine Coffee Sessions per Subscription Period.

§5 Automatic Payment Rules (Subscription) 

  1. The only available payment method for Access (excluding the “Month in the Club” product) is automatic payment. Automatic (recurring/renewable) payment involves periodic charges for Access from the payment card provided by the User during the order process.
    Payments are processed through the Payment Operator, in accordance with the Payment Operator’s terms and conditions.
  2. Authorization and processing of personal data related to automatic payment are conducted via the Payment Operator. When placing an order, the User authorizes the Service Provider to save the payment method and to charge automatically until the User terminates the Agreement.
  3. The Service Provider has the right to change the price of Access at the renewal of the Agreement for the next Subscription Period. The User will be informed of such a change and will have the option to cancel the automatic renewal of the Agreement.
  4. The Service Provider has the right to change the price of Access at the renewal of the Agreement for the next Subscription Period. The User will be informed of such a change and will have the option to cancel the automatic renewal of the Agreement.
  5. The User can disable the automatic payment option at any time by selecting the appropriate option in their Account settings. Alternatively, they may contact the Service Provider via email. Cancelling automatic payment does not affect the duration of the current subscription period purchased prior to cancellation.
  6. If the User does not wish to extend the Access subscription, they should cancel the automatic payment before the new subscription period begins.
  7. If the Payment Operator informs that a payment from the User has not been processed, the Agreement will terminate on the last day of the current subscription period, unless the Payment Operator, after additional attempts to charge the User’s account, successfully processes the payment for the next subscription period. These attempts will continue until the subscription period is effectively canceled by the User.
  8. Payment details can be found in the User’s Account. The User can also contact the Service Provider for information regarding payments or their Account.
  9. The Service Provider does not store data that allows payment card transactions to be processed. All operations are handled by the Payment Operator under its terms and conditions.
  10. By placing orders through the Club, the User accepts the use of electronic invoices by the Service Provider. The User has the right to withdraw this acceptance at any time.

§6 Right to Withdraw (for Privileged Users)

  1. A privileged User has the right to withdraw from the agreement without providing a reason and without incurring costs other than those specified in section 2, within 14 days of entering into a specific Service Agreement, subject to the provisions of section 3
  2. If, at the request of the privileged User, the Service Provider begins providing paid services to the User before the expiration of the 14-day period mentioned in section 1, the User is responsible for covering reasonable costs incurred by the Service Provider. These costs are proportional to the services provided up to the moment the privileged User informs the Service Provider of their decision to withdraw from the Agreement.
  3. A privileged User cannot withdraw from the Service Agreement if the Service Provider has fully performed the service with the explicit consent of the privileged User, who was informed before the service began that they would lose their right to withdraw from the agreement once the service was fully performed.
  4. To exercise the right of withdrawal, the privileged User must inform the Service Provider of their decision by submitting a declaration as outlined in section 5.
  5. The declaration of withdrawal can be submitted using, for instance, the form attached to these Terms and Conditions or through any other clear statement. The declaration must be sent to the appropriate address of the Service Provider, depending on the method chosen by the privileged User for submitting the declaration. It is sufficient to send the declaration before the withdrawal deadline to meet the deadline.
  6. In the event of withdrawal, the Agreement is considered void, and the Service Provider will promptly refund all payments made by the privileged User, subject to the provisions of section 2.
  7. Refunds are issued using the same payment method that the privileged User used in the original transaction unless the User explicitly agrees to a different method that does not incur any costs for them.

§7 COMPLAINTS

I GENERAL PROVISIONS

  1. The Service Provider is liable to the privileged User for the compliance of the service with the Agreement, as stipulated by applicable law, including, in particular, the provisions of the Consumer Rights Act.
    Complaints should be submitted to the email address: info@english-outloud.com.
    Complaints regarding the operation of the Club should be directed to: info@english-outloud.com.
  2. The Service Provider will respond to the complaint within 14 days of receiving it.

II PRIVILEGED USERS

A. Access

  1. If the Service Provider improperly fulfills the Agreement concerning Access, the privileged User may exercise the rights set forth in Chapter 5b of the Consumer Rights Act.
  2. The privileged User may withdraw from the Agreement without demanding Access if:
  • It is evident from the Service Provider’s statement or circumstances that Access will not be provided; or
  • The User and the Service Provider have agreed, or it is evident from the circumstances of the Agreement, that a specific delivery date for Access was essential to the privileged User, and the Service Provider failed to meet that deadline.

3. The Service Provider is liable for any lack of compliance with the Agreement existing at the time of delivery and revealed within two years of delivery.

4. If the Access does not comply with the Agreement, the privileged User may demand that it be brought into compliance. Additionally, the privileged User may submit a declaration for:

  • A price reduction, or
  • Withdrawal from the Agreement,

Provided that:

  • Bringing the Access into compliance is impossible or would entail excessive costs under Article 43m, sections 2 and 3 of the Consumer Rights Act.
  • The Service Provider does not bring the Access into compliance within a reasonable time after being informed of the lack of compliance by the privileged User, and without undue inconvenience to the User, taking into account the nature of Access and its intended use.
  • The lack of compliance persists despite attempts by the Service Provider to resolve it.
  • The lack of compliance is substantial enough to justify a price reduction or withdrawal from the Agreement without prior recourse to other remedies under Article 43m of the Consumer Rights Act.
  • It is evident from the Service Provider’s statement or circumstances that compliance will not be achieved within a reasonable time or without undue inconvenience to the privileged User.

5. The privileged User cannot withdraw from the Agreement if the Access is provided for payment, and the lack of compliance is insignificant.

6. The Service Provider must refund the price to the privileged User following a price reduction or withdrawal from the Agreement within 14 days of receiving the relevant declaration. Refunds are made using the same payment method used by the privileged User unless a different, cost-free method is agreed upon.

7. The Service Provider shall refund the price using the same payment method that the privileged User originally used unless the privileged User expressly agrees to a different refund method that does not incur any additional costs for them.

8. For clarity, the Service Provider states that any matters not covered in this section concerning Access will be governed by the relevant provisions of the Consumer Rights Act.

B. Alternative Dispute Resolution Methods

  1. If the complaint process does not yield the desired outcome for the Consumer, the Consumer may seek redress through:
  • Mediation conducted by the Provincial Inspectorate of Trade Inspection. A request for mediation should be submitted to the respective Inspectorate, and the procedure is typically free of charge. A list of Inspectorates is available here.
  • Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection. A request for arbitration should be submitted to the relevant court. The procedure is generally free of charge. A list of courts can be found here.
  • Assistance from municipal or district consumer advocates, which is free of charge.
  • The ODR (Online Dispute Resolution) platform, accessible at https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§8 PERSONAL DATA

1. The administrator of personal data provided by the User during the use of the Club is the Service Provider. Detailed information about the processing of personal data by the Service Provider – including other purposes and legal bases for processing, as well as data recipients – can be found in the Privacy Policy available in the Club. This complies with the transparency principle outlined in the General Data Protection Regulation of the European Parliament and Council (EU) (“GDPR”).

2. The User’s personal data is processed in particular based on (a full list of processing grounds is provided in the Privacy Policy):

a. a contract, i.e., pursuant to Article 6(1)(b) of the GDPR;

b. a legal obligation imposed on the Service Provider related to accounting, i.e., pursuant to Article 6(1)(c) of the GDPR;

c. legitimate interests pursued by the Service Provider, specifically ensuring the ability to pursue potential claims related to the Club, i.e., pursuant to Article 6(1)(f) of the GDPR.

3. The processing of the User’s personal data is carried out to execute the concluded Agreement.

4. Providing data is voluntary but necessary for the proper execution of the concluded Agreement. If the data is not provided, the Agreement cannot be concluded.

5. The User’s data will be processed until:

a. the possibility of pursuing potential claims related to the Club ceases; or

b. the legal obligation related to accounting imposed on the Service Provider ceases –

depending on which event applies in a given case and occurs later.

6. The User has the right to:

a. access their personal data,
b. rectify their personal data,
c. delete their personal data,
d. request the restriction of data processing,
e. request the transfer of their personal data,

and

f. object at any time to the processing of their data:

    • for reasons related to their particular situation, regarding the processing of personal data based on Article 6(1)(f) of the GDPR (i.e., legitimate interests pursued by the administrator), including profiling based on these provisions,
    • if the personal data is processed for direct marketing purposes, including profiling, to the extent that the processing is related to such direct marketing.

7. To exercise the above rights, an email should be sent to: info@english-outloud.com.

8. If the User believes their data is being processed unlawfully, they have the right to file a complaint with the President of the Office for Personal Data Protection.

§9 Amendments to the Terms and Conditions and the Scopes of Services Provided

1. The Service Provider reserves the right to amend the Terms and Conditions only for significant reasons. A significant reason is understood as the necessity to amend the Terms and Conditions due to:

  • adapting the Club to legal regulations affecting the services provided through it;
  • improving the security of the provided services;
  • changing the functionality of the services;
  • increasing the competitiveness of the Club;
  • changes in the costs of maintaining the Club.

2. A notice about the planned amendments to the Terms and Conditions will be sent to the User at least 14 days before the changes come into effect, to the email address provided by the User in the Club.

3. If the User does not object to the planned changes, as mentioned in paragraph 2, it will be assumed that they accept them.

4. The User has the right to terminate the agreement with immediate effect, free of charge, before the proposed date on which the changes come into effect.

5. If the User does not accept the planned changes, they should notify the Service Provider by sending an email to info@english-outloud.com.

6. Additionally, the Service Provider may, within the limits and under the rules permitted by law, modify the scope of the services it provides as outlined in the Terms and Conditions for justified reasons such as:

a) the necessity to adapt the Club to legal regulations affecting the services provided through it;
b) improving the security of the provided services;
c) adding new functions to the Club.

§10 FINAL PROVISIONS

  1. All Agreements concluded on the Club are based on the Terms and Conditions.
  2. The Agreement for the provision of the Account service is free of charge but conditional upon purchasing Access. The User may terminate the Agreement for the Account service at any time, resulting in the immediate deletion of the Account and the termination of the Agreement concerning the Account service. However, after the Account is deleted, it will no longer be possible to provide the Access service, which is not the fault of the Service Provider.
  3. The Agreement for the provision of Access and Account services between the User and the Service Provider is concluded upon the receipt of payment by the Service Provider for a fixed period equal to the Subscription Period. If an additional Access is ordered during the ongoing Access service Agreement, this period will be extended accordingly, i.e., by an additional Subscription Period starting immediately after the previous one ends.
  4. By creating an Account on the Platform, the User also enters into an agreement for the provision of the free Newsletter service, governed by the Newsletter Terms and Conditions available on the Platform. The User may cancel this service at any time.
  5. The Service Provider communicates with Users in Polish or English.
  6. Users bear full responsibility for meetings organized independently and on their own initiative.
  7. In the case of potential court disputes with a User who is not a Consumer, the competent court will be the one having jurisdiction over the Service Provider’s registered office.
  8. Since the videos available in the Club are provided via the YouTube platform, the terms of use of this service will apply to them: https://www.youtube.com/t/terms.

Appendix No. 1 to the Terms and Conditions

Below is a template withdrawal form that the Consumer or Privileged Entrepreneur may, but is not obligated to, use:

Withdrawal Form Template

(Addressee: [Insert Service Provider’s name and contact details])

I/We* hereby give notice that I/We* withdraw from the agreement for the provision of the following service:

  • Name of the service: ______________________________
  • Date of conclusion of the agreement: __________________________
  • Name of the Consumer/Privileged Entrepreneur: ___________________________
  • Address of the Consumer/Privileged Entrepreneur: __________________________

Signature (only if the form is submitted in paper form): _______________________

Date: __________________________

*Delete as appropriate.

Newsletter Twrms and Conditions

Saturday Morning Lessons

TABLE OF CONTENTS

§1 Definitions

§2 Newsletter

§3 Complaints

§4 Personal Data

§5 Final Provisions

§1 DEFINITIONS

Service Provider: The entity responsible for the provision of the Newsletter service.

Newsletter: A free service provided by the Service Provider to the User, consisting of sending information related to the Saturday Morning Lessons, including updates, promotional content, or educational materials.

Privileged Entrepreneur: A natural person who enters into an agreement with the Service Provider directly related to their business activity, but not of a professional nature for that activity.

Service: The English Out Loud Speaking Club online service operated by the Service Provider at https://club.english-outloud.com/.

Service Recipient: Any entity using the Newsletter service.

Privileged Service Recipient: A Consumer or Privileged Entrepreneur.

Service Provider: Elżbieta Joanna Augustyniak, a sole proprietor operating under the business name Elżbieta Augustyniak LanguageSpring, registered in the Central Registration and Information on Business (CEIDG) maintained by the minister responsible for the economy and management of CEIDG, with the following details:

    • Tax Identification Number (NIP): 7282482320
    • Business Registry Number (REGON): 473276997
    • Address: ul. Sarmacka 10/54, 02-972 Warsaw, Poland
    • Email: info@english-outloud.com

§2 Newsletter

  1. The Service Recipient may voluntarily use the Newsletter service.
  2. As part of the Newsletter service, the Service Provider will provide the Service Recipient with, among other things, access to free English lessons and information about the services offered by the Service Provider (particularly new courses and promotions). Access to the free lessons is time-limited to 7 days.
  3. To use the Newsletter service, the following are required:
    • A device with an up-to-date web browser supporting JavaScript and cookies,
    • Internet access, and
    • An active email account.
  4. Emails sent as part of this service will be delivered to the email address provided by the Service Recipient at the time of subscribing to the Newsletter.
  5. To subscribe to the Newsletter and conclude the agreement for this service, the Service Recipient must provide their email address in the designated field on the Service. Once subscribed, the agreement is concluded, and the Service Provider begins delivering the service to the Service Recipient, subject to paragraph 6.
  6. For the proper provision of the Newsletter service, the Service Recipient must provide a valid email address.
  7. Each email sent as part of the Newsletter will include information about the option to unsubscribe and a link to do so.
  8. The Service Recipient may unsubscribe from the Newsletter at any time, without providing a reason or incurring any costs, either by using the unsubscribe link mentioned in paragraph 7 or by sending an email to the Service Provider at info@english-outloud.com.
  9. Unsubscribing using the provided link or sending an email requesting unsubscription will result in the immediate termination of the agreement for the Newsletter service.
  10. If the Service Recipient does not open any emails sent as part of the Newsletter service for six consecutive months, the agreement for the provision of the Newsletter service will automatically expire.

§3 Complaints

  1. Complaints regarding the Newsletter should be submitted to the Service Provider at the email address: info@english-outloud.com.
  2. The Service Provider will respond to the complaint within 14 days of receiving the complaint submission.

OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS

  1. If the complaint procedure does not yield the result expected by the Consumer, the Consumer may use, among others, the following:
      • mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which the Consumer should submit a mediation request. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595; 
      • assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which the Consumer should submit a request for the case to be heard by the arbitration court. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
      • the online ODR platform available at:

    https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks

      • free assistance from a municipal or district Consumer Ombudsman;

§4 Personal Data

  1. The administrator of the personal data provided by the User in connection with subscribing to the Newsletter is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider—including other purposes and legal bases for processing, as well as data recipients—can be found in the Privacy Policy available on the Service. This is in accordance with the principle of transparency outlined in the General Data Protection Regulation (GDPR) of the European Parliament and Council.
  2. The purpose of processing the User’s data is the distribution of the Newsletter. The legal basis for processing personal data in this case is the service agreement or actions taken at the User’s request to conclude such an agreement (Article 6(1)(b) GDPR). Additionally, the Service Provider has a legitimate interest in processing the data to establish, pursue, or defend against potential claims (Article 6(1)(f) GDPR).
  3. The provision of data by the User is voluntary, but necessary for the delivery of the Newsletter service. Failure to provide the data means that the Service Provider will not be able to provide this service..
  4. The User will unsubscribe from the Newsletter;
  5. the possibility of pursuing claims by the User or the Service Provider related to the Newsletter will cease;
  6. the objection of the User to the processing of their personal data will be accepted.
  • in the case where the legal basis for processing the data was the legitimate interest of the Service Provider.
  •  depending on what is applicable in a given case and what occurs later.

7. The User has the right to request:

  • access to their personal data,
  • correction of their data,
  • deletion of their data,
    restriction of processing,
  • data transfer to another administrator.

and also the right to:

  • submit an objection at any time to the processing of their data for reasons related to their particular situation – to the processing of their personal data based on Article 6(1)(f) GDPR (i.e., legitimate interests pursued by the administrator).
  • To exercise their rights, the User should contact the Service Provider.
  • If the User believes that their data is being processed unlawfully, they may file a complaint with the President of the Personal Data Protection Office.

§5 Final Provision

  • The Service Provider reserves the right to change these terms and conditions only for valid reasons. A valid reason is understood as the necessity to amend the terms due to the modernization of the Newsletter service or changes in the law affecting the provision of the service by the Service Provider.
  • Information about the planned changes to the terms will be sent to the User’s email address provided when subscribing to the Newsletter, at least 7 days before the changes take effect.
  • If the User does not object to the planned changes before they come into effect, it will be assumed that they accept them.
  • If the User does not accept the planned changes, they should send a notification to the Service Provider’s email address: info@english-outloud.com, which will result in the termination of the service agreement when the planned changes come into effect.
  • It is prohibited for the User to submit any unlawful content.
  • The agreement for the provision of the Newsletter service is concluded in English.
  • In the case of a User who is not a privileged User, the competent court will be the court with jurisdiction over the Service Provider’s registered office.
  • The current wording of the Terms and Conditions in Polish language is available here.