Terms of Service
- By using the Espadrill service you accept theseTerms and Conditions.
- Oxigo Sp. z o.o. based at Al. Warszawska 102, 20-824 Lublin is the owner of the Espadrill service. Oxigo Sp. z o.o. is entered into the VI Commercial Division of the National Court Register maintained by the Lublin-Wschód District Court in Świdnik, under the KRS number 0000644855, NIP Tax Identification Number: 9462463041, REGON [National Business Registry]: 060026151.
- These Terms and Conditions define the use of Espadrill and related services, the rights and obligations of the User as well as the rights and obligations of Oxigo Sp. z o.o. related to the provision of services.
- The provisions of the Terms and Conditions fulfil the obligations imposed on Oxigo Sp. z o.o. and are consistent with the provisions of the Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204)
- By registering on the Espadrill website the User consents to the processing of their personal data by Oxigo Sp. z o.o. in accordance with the provisions of the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 1997, No. 133, item 883, with later amendments).
- The applicable Terms and Conditions are publically available at https://espadrill.com/terms-of-service.
- The provisions of the Terms and Conditions and any effects they may cause are subject to Polish laws and jurisdiction of Polish general courts.
- Service: The Internet service is available and the Application is made available at https://espadrill.com.
- Service Provider: Oxigo Sp. z o.o., the Espadrill Service owner and administrator responsible for the Service operation and for the services offered in the Service.
- Application: an online tool created by the Service Provider and made available after an account in the Service has been opened for the purpose of digital content provision. The content is provided in the form of the Training.
- Training: organized sets of questions related to English grammar.
- Subscription: limited in time access to trainings in accordance with a current offer available on the website https://espadrill.com.
- User: an adult, natural person who has created an account with the Service. Minors may have an account with the Service with the permission of their parents or legal guardians.
- Device: the Internet-connected device which complies with the Service technical requirements.
- The Service offers an application designed for independent, on-line Training at various levels of proficiency.
- Training access is payable in accordance with the price list available in the Service.
- In exchange for the fee, the User is granted access to a select number of Training items.
§4. User's account
- Creation of an account in the Service is free of charge.
- The User agrees to provide true and accurate information in the registration form.
- The User is required to provide a correct and functional e-mail address owned by the User in order to open an account where an activation link will be sent.
- E-mail addresses that may infringe third parties' rights are not permitted.
- Creation of an account succeeds after activation of an account by User. Activating of an account is completed by clicking on the activation link.
- In order to log in to the User's account, a valid e-mail address and a password are required.
- Users logged into their Service accounts have the right to use a limited number of free-of-charge Training items within Starter Pack in accordance with the offer available in the Service.
- Access to the service in the Free Trial option is granted once after a user activates an account.
- One account can be used by one User only.
- If the User forgets their password, they can use the "Forgotten password?" option available in the Service.
§5. Rights and obligations of the User
- The User is obliged to protect their account password against disclosure to third parties.
- Publication, lending or selling ofpasswords is prohibited in any form.
- The User logged into their account on publicly accessible devices (e.g. a device located at school, in an internet café, etc.) is required to log off immediately after using the Service by pressing the "Log out" button. In the event of non-compliance with this requirement, the Service Provider shall not be held liable for Training items used by any third parties.
- The Service provider is not liable for any consequences resulting from password loss or disclosure to a third party.
- The User is obliged to refrain from actions which may destabilize the Service operations or may in any way obstruct the use of the Service by other Users.
- The User agrees not to make any attempts designed to gain access to resources outside the User's scope of rights.
- Accounts of Users who do not comply with these Terms and Conditions or applicable laws may be temporarily blocked or deleted. In this case the fee for access to Training items is refunded.
- The User may at any time terminate the use of the Service and delete their account by sending a notice to the Service Provider's address - email@example.com.
- The information sent to the e-mail address registered in the account registration process is deemed duly delivered by Service provider.
§6. Technical requirements
- The Service is designed to be operational on desktop and mobile devices.
- In its desktop version the Service is designed to operate on devices equipped with Mac OS or Windows operating systems, with Internet access and the latest web browser version (Internet Explorer, Google Chrome, Mozilla Firefox or Opera).
- In its mobile version the Service is designed to operate on Internet-enabled mobile phones and tablets with Android 4.1 operating systems or higher and iOS versions 7 operating systems or higher.
- Training Plans are payable in accordance with the price list available in the Service.
- All prices are net. For EU customers the correct rate of VAT tax will be accounted in shopping cart.
- The Training Plan fee in shopping cart is the final amount due. There are no additional or hidden charges.
- Training Plan can be purchased only by Users logged into the Service account.
- Payment processing is carried out in an automatic and self-service mode in cooperation with an external, intermediate company: BrainTree, headquartered in Chicago, 222 Merchandise Mart Plaza, Suite 800, Chicago, IL 60654, hereinafter referred to as the "Payments Operator", the operator of electronic payments processing service available at www.braintreepayments.com.
- Payments shall be made in accordance with the Payments Operator's Terms and Conditions.
- Access to the paid service shall be granted no longer than 24 hours after the receipt of payment into the Service Provider's account or notification of the receipt of payments due from the Payments Operator.
- Subscription expires after 30 calendar days – in the 30-Day Plan option or after a calendar year – in the Yearly Plan, beginning on the day access to the service is granted.
- The Service provider is not liable for problems or difficulties which may arise in payments execution process as Service Provider does not participate directly in payments processing.
- Any payment claims lodged by Users to the Service Provider are transferred to the Payments Operator.
- Atthe User’s request, the Service Provider may issue a VAT invoice. The VAT invoice request should be submitted by the User no earlier than the time of payment authorisation and no later than 7 days from the payment authorisation. In order to obtain a VAT invoice the User is obliged to send an email to the Service Provider's address, i.e. firstname.lastname@example.org including the data necessary to issue an invoice (order-related data the invoice is to issued for, the buyer's data including tax identification number NIP, the address the invoice should be sent to).
§8. Withdrawal from the agreement
- The User has the right to withdraw from the agreement no later than 14 days after agreement conclusion, i.e. from the date the Training Package was purchased.
- Withdrawal from the agreement should be made in writing and sent by e-mail to email@example.com or to the Service Provider's postal address specified in the Terms and Conditions. Sample Withdrawal from the agreement:
Statement on withdrawal from the remote agreement
I hereby inform of my withdrawal from the agreement for the purchase of Training Plan concluded on .........
First and last name: .........
E-mail address provided during the registration: .........
Date and signature (required only for postal correspondence).
- Having received the notification on withdrawal from the agreement, the Service Provider will immediately send the withdrawal confirmation to the email address indicated during the registration.
- The User is not entitled to the right of withdrawal if they agree to start using the purchased Training Package before the end of the above stated notice period (Art. 38 Section 13 of the Act on consumer rights).
- Complaints filed by the User in connection with non-performance or improper performance of services must be made in writing.
- A complaint should include: e-mail address of the person who lodges the complaint, the name of the User's account related to the complaint, the subject of the complaint and a justification.
- The complaint should be sent by e-mail or to the Service Provider's postal address specified in the Terms and Conditions no later than 30 days from the time when the subject of the complaint occurred.
- The complaint will be examined within 14 days after receipt. The complaint answer is sent to the e-mail address indicated in the complaint.
- The Service Provider shall not be held liable for any damages resulting from the use, inability to use or misuse the Service and the improper use of the Application by the User, unless the damage is the result of deliberate action of the Service Provider.
- The Service Provider shall not be liable for any interruption in the Internet services provisions.
§11. Cookies Policy
The current Cookies Policy is publicly available at https://espadrill.com/cookies-policy.
§12. Service Content and Copyright
- The materials contained in the Espadrill Service are subject to copyright and are protected under the Act on Copyright and Related Rights ( Journals of Laws of 1994, No. 24, item 83, with later amendments).
- The materials made available by the Service Provider within the scope of paid access may be used only by persons who have paid for access to the Training.
- Persons who have paid for the access can use the Service materials for personal use, further distribution of the materials is prohibited.
- If the User wishes to use Espadrill materials the Service Provider holds the right for outside Service, it is necessary to obtain the written consent from the Service Provider.
- We reserve the right for periodical Application content update, including modification of the exercise contents and removal of particular items.
§13. Final provisions
- The Terms and Conditions changes become effective on the date of publication on https://espadrill.com/terms-of-service.
- If case any provision of the Terms and Conditions shall be considered invalid by a final resolution of a competent court, the remaining provisions of the Terms and Conditions shall apply.
- Any disputes arising between the User and Service Provider shall be settled by a competent common court having the jurisdiction over the Service Provider's seat.
- In matters not covered by the Terms and Conditions, applicable provisions of the Act on Rendering Electronic Services, Personal Data Protection Act, the Civil Code, the Act on Copyright and Related Rights as well as other relevant regulations shall apply.
- The User who does not accept the Terms and Conditions should leave the Service website immediately and cease using its services.
- The Service Provider reserves the right to develop the Service and modify its functionalities in order to improve service quality.