I. General provisions
This document regulates the conditions of use of the www.skillveo.com website by Users.
Each User is obliged to acquaint himself/herself with the content of the Terms of Use upon registration and may undertake further actions upon prior consent and acceptance of all its provisions.
The performance of the Services available permanently or periodically on the Website takes place in accordance with the provisions of these Regulations.
The processing of Users’ personal data is carried out in accordance with the principles set out in the Privacy Policy available at www.skillveo.com/politykaprywatnosci.
Terms used in the Regulations have the following meanings:
Administrator, Service Provider or Everuptive – means the company Everuptive sp. z o.o. with its registered office in Kraków, ul. Grzegórzecka 8/5, 31-530 Kraków, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków – Śródmieście in Kraków, XI Economic Department of the National Court Register under KRS number: 0000398401, NIP: 6762449233, REGON: 12241994800000, share capital: 8,300 PLN, tel.: +48 536 195 427, e-mail: kontakt@skillveo.com. Addresses and telephone number given in this definition are at the same time data for contact with the Service Provider;
Account – shall mean an individual, electronic account within the Website, assigned to a specific User after Registration in order to use the Services within the Website;
Video Courses – means audio (e.g. recordings) or audio-visual files (e.g. instructional videos, multimedia objects) posted on the Website and protected by copyright on a specific topic, which are played online (streaming) in the User’s web browser after the Account has been created; Video Courses will not be able to be downloaded and stored on any terminal devices;
Employer – means a legal person, an organisational unit without legal personality, as well as a natural person running a business, using the Service in connection with his/her business activity;
Terms and Conditions – means this document governing the terms and conditions of use of the Service;
Registration – means a one-time action involving the creation of an Account by the User by means of: (1) an activation code provided to the Employer by the Service Provider; upon receipt of the activation code, the User should go to the Site to enter his/her first name, last name, business email address, password and the activation code received from the Employer; or (2) a login and password received from the Service Provider, which will be sent by Everuptive to the User’s email address for initial registration and login;
Service – the website available at www.skillveo.com.
Subscription – means the fee paid by the Employer for access to the Service and for the use of the Service, as well as other fees charged by Everuptive; under the Subscription purchased by the Employer, the User may use the Service in accordance with the Terms and Conditions;
Opinions – means all kinds of comments and evaluations concerning the Video Courses and their authors posted by the User on the Service and constituting a subjective statement of fact, serving to convey in a comprehensible manner the view of the User concerned on the Video Course or its author being reviewed;
Service – means the services provided by Everuptive through the Service;
User – means a natural person working for the Employer in any form or collaborating with the Employer on the basis of a civil law contract, authorised by the Employer to use the Service, having a unique identifier and an individual User Account to access the Service, with a defined level of authorization.
II. Technical requirements and Registration
In order to use the functionalities of the Service, it is necessary to have: (i) a computer; (ii) any Internet browser; (iii) access to the Internet; and (iv) possession of an active electronic mail address (e-mail) with the Employer.
The costs of Internet access shall be borne by the User, including when accessing the Internet via a mobile phone. Users accessing the Services by means of a mobile phone should familiarise themselves with the transfer (Internet connection) rates applied by telecommunications operators.
The use of the Website is possible provided that the ICT system used by the User meets the following minimum technical requirements:
Internet Explorer version 7.0 or later with ActiveX, JavaScript and Cookies enabled; or
Mozilla Firefox version 3.0 or later with Java applets, JavaScript and Cookies enabled,
a minimum screen resolution of 1024 x 768 pixels. The Service Provider uses cookies solely for the purpose of collecting information related to the User’s use of the Website, and in particular to:
maintaining the User’s session (after logging into the Website), thanks to which the User does not have to re-enter his/her password on each sub-page of the Website;
adjustment of the Website to the needs of Users; and
creating statistics on viewing the subpages of the Website.
Detailed information on the use of cookies can be found in the Privacy Policy available at www.skillveo.com/politykaprywatnosci.
The use of the Website is possible after completing the Registration described in point. I.5.e above.
In order to create an Account on the Website and use the Services, the User must provide work for the Employer in any form or cooperate with the Employer on the basis of a civil law contract, and who has been authorised by the Employer to use the Website, receiving a unique identifier and an individual Account to access the Website, with a defined level of authorization.
In order to make a correct Registration, the User’s actions are necessary consisting of: (1) entering the activation code, providing correct and true personal data, i.e. first name, surname, business e-mail address, password and activation code received from the Employer and acceptance of these Regulations; or (2) using the login and password received from the Service Provider, which will be sent by Everuptive to the User’s e-mail address, providing correct and true personal data of the User, i.e. first name, surname, business e-mail address, password received from the Employer and acceptance of these Regulations. When logging in for the first time, the system will force the User to change the password received from Everuptive. The User is then required to enter his/her individual password consisting of at least 8 characters. After logging in to the Service in the above manner, Registration to the Service takes place.
Registration is free of charge.
A User can have only one Account on the Website.
III. Using the Website
After registration, the User may use the Site within the scope of the subscription purchased by the Employer.
The Service Provider reserves the right to modify the technical way in which the Services are provided, according to the scope and conditions resulting from its authorizations, and according to its technical capacity, without deteriorating their quality, and without affecting the scope of the rights and obligations of Everuptive and the User.
Each registered User, within the framework of the subscription paid by the Employer, has the right to:
update the data contained in the Account;
to view (so-called streaming) the Video Courses made available on the Service;
evaluate and comment on the Video Courses.
As the User is using the Service through a Subscription purchased by the Employer, the Employer – with the consent of the User concerned – may receive reports on the activity of the Users on the Service covered by their Subscription.
IV. Obligations of Users
The User undertakes to:
not to attempt to break the security of the Service;
not to modify or interfere in any way with the Service’s software source code;
not to interfere with the databases accessible through the Service Provider’s Service;
not to modify for any purpose the Service Provider’s service, trademarks, descriptions and other data and objects of intellectual property rights contained in the Service Provider’s website;
use the Services offered by the Service Provider in a manner compliant with the provisions of the law in force in Poland, the provisions of these Terms and Conditions and the customs adopted in a given scope;
not to provide or transmit content prohibited by the provisions of the applicable law;
to use the Services offered by the Service Provider in a non-intrusive manner, respecting their personal rights (including the right to privacy) and all their rights;
to use the Services offered by the Service Provider in a manner that does not interfere with the functioning of the Site, in particular through the use of specific software or devices;
not to take any action to circumvent security measures or interfere with the stability and functionality of the authorised servers and/or software of the Website;
to use any Video Courses posted on the Website solely for personal use. The use of the Video Courses for other purposes is only permissible with the express consent of the authorised person;
not to use advertising, commercial, offensive, vulgar, immoral or detrimental to the reputation or goodwill of the Provider or the Website;
not to copy Video Courses or files attached to Video Courses and post them outside the Site.
V. Procedure for the submission of Opinions to the Website
The user shall be solely responsible for the nature, correctness, completeness, accuracy and usefulness and content of the opinions he or she submits. The Service Provider shall not be held liable for any Opinions. The Opinions posted do not express the views of the Service Provider and should not be equated with its activities.
The Service Provider reserves the right not to publish Opinions:
contain numerous grammatical or spelling errors, or are a jumble of letters or punctuation marks not forming a comprehensible whole;
written entirely in caps (Caps Lock);
including personal details in the form of a first or last name;
containing website addresses;
contains vulgar language;
which constitutes a copy of an Opinion previously published;
which does not directly refer to the video course under review or to the author of the video course under review.
The posting of an Opinion on the Website is prohibited:
contain racist, anti-Semitic, pornographic, offensive, untrue or vulgar content;
contravene current legislation;
content which promotes violence or is morally reprehensible; or
infringing the personal rights or intellectual property rights of third parties;
constitutes advertising, promotional material or SPAM;
containing contact details or personal data within the meaning of the Personal Data Protection Act;
containing website addresses;
contains numerous grammatical errors, spelling errors, or an amalgamation of letters or punctuation marks that do not constitute a comprehensible whole;
constitute a direct and emotionally-charged attack on other Users;
not directly or indirectly relate to the subject matter of the Website, the Video Course under review or the author.
Unless expressly stated otherwise, the user shall not be entitled to any compensation for the posting of an opinion on the Website.
Users undertake not to post content that is not an Opinion.
If a User discovers that an Opinion posted by another User is in breach of these Terms and Conditions and, in particular, infringes the personal rights of third parties protected by law, he or she shall immediately inform the Service Provider by sending an email to kontakt@skillveo.com.
The Service Provider, upon receipt of a credible message from a User about an Opinion that violates the Terms and Conditions or constitutes unlawful content, reserves the right to remove it.
The user shall be solely responsible to other persons and entities for the content of the posted Opinion and its veracity.
The Service Provider, pursuant to Article 15 of the Act on Providing Services by Electronic Means, is not obliged to check Opinions, in particular for their veracity. The Service Provider shall only review the Opinion for compliance with section 2 above.
By submitting an Opinion for publication, the User grants the Service Provider a free, perpetual and territorially unlimited licence to use the Opinion in the following fields of exploitation:
production, recording, permanent or temporary reproduction by any technique, in whole or in part, in an unlimited number of copies, on any media, including exchange of media;
public reproduction, exhibition and display, regardless of the place of exhibition, as well as making them available to the public in such a way that everyone can access them from a place and at a time individually chosen by them;
the placing on the market, lending, rental or lease of the original or copies;
publishing and dissemination, in particular in the mass media;
uploading to computer memory and servers of computer networks, placing on the Internet, including on the websites belonging to Everuptive and on the internal Intranet;
Deciding on all commercial and marketing aspects of the use of the Opinions.
The User grants the Service Provider the right to sub-license his/her Opinion, in the same way as described in paragraph 10 above.
By submitting an Opinion for publication, the user declares that he or she has read the Terms and Conditions and accepts them in full.
If the posting of an Opinion by a user on the site infringes the rights of third parties or violates the law or causes damage to a third party by the user or the service provider acting in reliance on the statements made by the user in accepting these Terms and Conditions, the user shall compensate the service provider in full for any damage caused by the infringement.
VI.Liability
The Service Provider shall not be liable for technical problems or limitations occurring in the computer equipment, terminal equipment, data communication system and telecommunication infrastructure used by the User, which prevent the User from using the Website and the Services offered through it correctly.
The Service Provider shall not be liable for:
the User’s loss of data or other damage to the User caused by equipment or system failure or other circumstances for reasons beyond the Service Provider’s control;
the consequences of the use of the Site by the User in a manner contrary to the applicable law, the provisions of the Regulations or accepted custom in this regard;
the speed of data transmission and related limitations resulting from circumstances of a technical, technological and infrastructural nature, among others;
the content of any User Opinion posted via the Website.
The Service Provider shall not be liable for the unavailability of the Website due to force majeure, or the acts or omissions of the User or third parties for whose acts or omissions the User is responsible.
VII. Final provisions
If individual provisions of these Terms and Conditions are declared invalid or ineffective in the manner prescribed by law, this shall not affect the validity or effectiveness of the remaining provisions of the Terms and Conditions. The invalid or ineffective provision shall be replaced by a provision that comes closest to the purpose of the invalid or ineffective provision and the entire Terms and Conditions and at the same time complies with the provisions of applicable law.
In matters not regulated herein, the provisions of Polish law shall apply.
Any disputes shall be resolved amicably. If the Parties fail to reach an amicable agreement, the common court in Poland will be competent to settle any disputes.
Everuptive has the right to amend the Terms and Conditions. The change is effective from the 8th day after the day the new Terms and Conditions are made available on the Service Provider’s website. Everuptive will notify the User of the change by posting the relevant information on the Website under the link ‘Terms and Conditions’. In the event that Users start using the Services before the amendments to the Terms and Conditions become effective, the previous provisions of the Terms and Conditions shall apply.
The current Terms and Conditions are published on the Website in a manner that allows for their storage and repeated reproduction in the ordinary course of activities.
The Contractor undertakes to collect consent from the Users for the Contractor to provide the Principal with data on their use of specific courses within the Service, as well as their results, for the purpose of verifying the effectiveness of the courses and the use of the Service, paid for by the Principal as the Users’ employer, indicating the name of the respective User and the results attributed to them. The Contractor undertakes to provide, upon request by the Employer, a copy of the consent granted.