Terms of Service

TABLE OF CONTENTS

GENERAL PROVISIONS
ELECTRONIC SERVICES IN THE ONLINE SHOP
CONDITIONS FOR CONCLUDING A SALES CONTRACT
METHODS AND DEADLINE OF PAYMENT FOR THE PRODUCT
TERMS OF USE OF A PRODUCT – DIGITAL CONTENT AND DIGITAL SERVICES
COMPLAINT HANDLING PROCEDURE
EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE
RULES OF ACCESS TO THESE PROCEDURES
THE STATUTORY RIGHT OF WITHDRAWAL FROM THE CONTRACT
THE CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE CONTRACT
PROVISIONS CONCERNING ENTREPRENEURS
PRODUCT REVIEWS
ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
FINAL PROVISIONS
MODEL WITHDRAWAL FORM

GENERAL PROVISIONS
1.1.
The Online Shop available at the Internet address www.ivyduston.com
is operated by WINCULUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered
office in Rzeszów, Poland (registered office and correspondence address: Al. Józefa Piłsudskiego 17/4, 35-074 Rzeszów, Poland), entered into the Register of Entrepreneurs of the National Court Register under number KRS 0001079984, Tax Identification Number NIP 5170443265, National Economy Register number REGON 527405460, e-mail address: contact@ivyduston.com, hereinafter referred to as the “Seller” or “Service Provider”.
1.2.
These Regulations are addressed both to Consumers and Entrepreneurs using the Online Shop, unless a given provision of these Regulations expressly provides otherwise.
1.3. Personal Data
The Seller is the controller of personal data processed in connection with the implementation of these Regulations. Personal data are processed for purposes, within periods and on the legal bases specified in the Privacy Policy published on the Online Shop website.
In addition, the Customer’s email address may be used by the Seller to send information about related products, promotions, and personalized offers, as well as for advertising targeting on social media platforms (e.g., Facebook). The Customer has the right to opt out of such communications at any time, without affecting the delivery of purchased Products.

The Privacy Policy sets out in particular:

  • the rules governing the processing of personal data,
  • the purposes, legal bases and duration of data processing,
  • the rights of data subjects,
    -information on the use of cookies and analytical and marketing tools.
    Using the Online Shop, including placing Orders, is voluntary. The provision of personal data by the
    Service Recipient or the Customer is also voluntary, subject to cases where providing such data is
    necessary to conclude and perform a Sales Contract or to comply with legal obligations incumbent on the
    Seller.
    1.4.
    The Online Shop offers digital content and digital services, which are sold primarily via landing pages,
    and access to purchased Products is provided electronically, in particular via e-mail containing a
    download link or access details.
    1.5.
    These Regulations define the rules for:
  • using the Online Shop and Electronic Services,
  • concluding Sales Contracts,
  • delivering and using digital Products,
  • handling complaints and withdrawal from the contract,
  • protecting consumer rights, including those of Consumers located outside the European Union, in
    particular in the Republic of the Philippines, to the extent required by mandatory provisions of applicable law.
    1.6.
    The Sales Contracts concluded under these Regulations are governed by Polish law. However, nothing in these Regulations shall exclude or limit mandatory consumer protection rights granted to Consumers under the applicable laws of the Republic of the Philippines, where such laws apply to a given Consumer.
    1.7.
    Any doubts concerning the interpretation of these Regulations shall be resolved in a manner that ensures compliance with mandatory provisions of applicable consumer protection laws.
    1.8. Definitions
    For the purposes of these Regulations, the following terms shall have the meanings set out below:
    BUSINESS DAY – any day from Monday to Friday, excluding public holidays in Poland.
    ORDER FORM – an Electronic Service, an interactive form available in the Online Shop or on a landing page, enabling the Customer to place an Order, in particular by selecting a Product and choosing the method of payment.
    CUSTOMER
    (1) a natural person with full legal capacity;
    (2) a legal person; or
    (3) an organisational unit without legal personality to which the law grants legal capacity,
    who has concluded or intends to conclude a Sales Contract with the Seller.
    DOWNLOAD LINK / ACCESS LINK – an electronic link provided to the Customer via e-mail after
    successful purchase, enabling the Customer to download the purchased digital Products to their own device within the specified availability period. The Seller does not provide access through a user account or online learning platform. The download of the Products constitutes delivery of the digital content.

ILLEGAL CONTENT – any information that is not compliant with applicable law, including European
Union law or other applicable national laws, irrespective of its form or nature.
COPYRIGHT ACT – Polish Act of 4 February 1994 on Copyright and Related Rights. All Products offered
in the Online Shop are protected under this law. Any unauthorized copying, sharing, or distribution of the
Products constitutes an infringement under Polish law and may result in civil and criminal liability.
PRODUCT – digital content or a digital service offered in the Online Shop and being the subject of a
Sales Contract, delivered electronically to the Customer via a download link sent by e-mail.
REGULATIONS – these Terms and Conditions of the Online Shop.
ONLINE SHOP – the Seller’s online shop available at www.ivyduston.com , including landing pages used
for the sale of Products.
SELLER / SERVICE PROVIDER – WINCULUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ,
as described in section 1.1 above.
SALES CONTRACT – a contract for the supply of digital content or a digital service concluded between
the Customer and the Seller via the Online Shop or a landing page.
ELECTRONIC SERVICE – a service provided electronically by the Seller to the Service Recipient via the
Online Shop that is not a Product.
SERVICE RECIPIENT – an entity using or intending to use an Electronic Service offered via the Online
Shop; a Customer purchasing digital Products is not necessarily considered a Service Recipient unless
they also use Electronic Services.
ORDER – the Customer’s declaration of intent submitted via the Order Form, aimed directly at
concluding a Sales Contract with the Seller.

ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. Order Form / Email Provision
The Online Shop provides the following electronic services:

Order Form – an interactive form available in the Online Shop or on a landing page, enabling the
Customer to place an Order, in particular by selecting a Product and choosing the method of payment.
Placing an Order begins when the Customer adds the first Product to the electronic basket. The
Customer completes two steps to place the Order: (1) completing the Order Form and (2) clicking the
“Place Order” button or an equivalent action field on the Online Shop/landing page. Until the Order is
submitted, the Customer may freely modify the entered data.
The Customer is required to provide at least: full name and e-mail address. This information is necessary
for delivering the purchased Product via a download link sent by e-mail.
The Customer provides an email address necessary to deliver the purchased Product via download or
access link. This email may also be used by the Seller to send information about related products,
promotions, personalized offers, and for social media advertising targeting (e.g., Facebook Pixel). The
Customer may opt out of marketing communications at any time.
Download Link / Access Link – after a successful purchase, the Customer receives an electronic link via
e-mail, enabling the Customer to download the purchased digital Products to their own device. The
download link constitutes delivery of the Product. The Seller does not provide access via a user account,
learning platform, or any other system.
Provision of Electronic Services – the Order Form is provided free of charge and is single-use; it is
deemed concluded when the Order is submitted. The download link is provided free of charge for the
duration necessary to download the purchased Product.


2.2. Technical Requirements
To use the Online Shop and access purchased Products, the Customer requires:

  • A computer, laptop, smartphone, or other device with Internet access;
  • Access to an e-mail account to receive the download link;
  • An up-to-date Internet browser (Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge);
  • Recommended minimum screen resolution: 1024×768;
  • Cookies and JavaScript support enabled in the web browser.
    2.3. Rules of Use
    The Customer is obliged to use the Online Shop and its electronic services in accordance with applicable
    law, good practices, and the intellectual property rights of the Seller and third parties. The Customer must
    provide accurate and up-to-date information when placing an Order. The Customer is prohibited from
    illegally sharing, copying, or distributing purchased Products (see section 1.8 – COPYRIGHT ACT) and
    from submitting unlawful or non-compliant content.
    2.4. Complaint Procedure for Electronic Services
    Complaints regarding electronic services, including issues with the Order Form or the download link, are
    handled in accordance with Section 6 of these Regulations.
  1. CONDITIONS FOR CONCLUDING A SALES CONTRACT
    3.1. Conclusion of the Sales Contract
    A Sales Contract between the Customer and the Seller is concluded once the Customer places an Order
    using the Order Form in the Online Shop or on a landing page, in accordance with Section 2.1 of these
    Regulations.
    3.2. Product Price and Payment Information
    The Product price displayed in the Online Shop is given in Philippine peso (PHP) and includes all
    applicable taxes. The Customer is informed of:
  • the total Product price, inclusive of taxes; or
  • where the nature of the Product is such that the price cannot reasonably be calculated in advance, the
    method of price calculation;
  • any additional costs, or where such charges cannot reasonably be calculated in advance, that such
    additional charges may apply.
    This information is provided on the Online Shop’s website during the placement of the Order and at the
    moment the Customer expresses the intention to enter into a Sales Contract.
    In case of contracts with a fixed or recurring subscription model (if applicable), the Seller shall indicate
    the total price for the billing period and, where relevant, the total monthly payments.
    3.3. Procedure for Concluding a Sales Contract via the Online Shop
    The procedure for concluding a Sales Contract is as follows:
  • The Customer selects a Product and submits the Order via the Order Form.
  • Upon submission of the Order, the Seller immediately confirms receipt and acceptance of the Order for
    processing.
    The confirmation is sent by e-mail to the address provided by the Customer at the time of placing the
    Order and contains:
  • a statement confirming receipt of the Order;
  • confirmation of acceptance of the Order for processing;
  • confirmation that a Sales Contract has been concluded.
    The Sales Contract is considered concluded upon the Customer receiving the above confirmation e-mail.

3.4. Recording and Securing the Sales Contract
The content of the Sales Contract concluded between the Customer and the Seller is made available to
the Customer and secured by:

  • Making these Regulations available on the Online Shop website and/or landing page;
  • Sending the confirmation e-mail as specified in Section 3.3.
    Additionally, the Sales Contract data is recorded and securely stored in the Seller’s IT system, ensuring
    its integrity and accessibility for the Customer if needed.
  1. METHODS AND DEADLINE OF PAYMENT FOR THE PRODUCT
    4.1. Available payment methods
    The Seller provides the Customer with the following payment methods under the Sales Contract:
    Electronic payments via Philippine payment providers:
    GCash
    GrabPay
    PayMaya
    Credit card payments (Visa, MasterCard, JCB) via the Xendit payment gateway.
    Detailed information on the available payment methods is displayed in the Online Shop or on the landing
    page at the time of placing the Order.
    4.2. Availability of payment methods
    The above-mentioned payment methods may not be available for all Products. The Customer will be
    informed about the currently available payment options at the time of placing the Order.
    4.3. Payment deadline
    Payment for the Product must be made immediately after placing the Order and being redirected to the
    chosen payment method. Failure to complete the payment during the session may result in automatic
    cancellation of the Order.
    4.4. Payment confirmation
    The Sales Contract is concluded once the payment has been successfully processed via the chosen
    payment method, and the Customer receives an e-mail containing the download link or access details for
    the purchased Product.
  2. TERMS OF USE OF A PRODUCT – DIGITAL CONTENT AND DIGITAL SERVICES
    5.1.
    This Section 5 of the Regulations defines the general terms for using the Products – digital content and
    digital services – offered by the Seller. These provisions apply unless specific terms of use for a given
    Product are expressly indicated in its description or otherwise agreed between the Seller and the
    Customer.
    5.2.
    All rights to the Products, including copyrights and other intellectual property rights, to the extent the
    Product constitutes a work within the meaning of applicable copyright laws, are vested in the Seller or

other authorized third parties. The conclusion of a Sales Contract does not result in the transfer of any
copyrights or intellectual property rights to the Customer.
5.3.
On the basis of the concluded Sales Contract, the Customer is granted a non-exclusive, non-transferable
and non-sublicensable right to use the Product solely to the extent necessary to use it for its intended
purpose, as specified in the Product description or, if not specified, in accordance with the nature and
customary use of such digital content or digital services, taking into account applicable laws, technical
standards and good practices.
5.4.
Unless expressly stated otherwise in the Sales Contract or mandatory provisions of law, the Customer is
entitled to use the Product solely for their own personal or business use. In particular, the Customer is
not entitled to:
(a) make the Product or any part thereof available to third parties;
(b) resell, distribute, publish or otherwise commercially exploit the Product;
(c) transfer, sublicense or authorize any third party to use the Product;
(d) copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise
interfere with the Product, except where such actions are permitted by mandatory provisions of law and
only to the extent necessary to ensure proper use of the Product.
5.5.
The Product is delivered electronically by providing the Customer with a download link or access link sent
to the e-mail address provided by the Customer when placing the Order. Delivery of the Product is
deemed completed at the moment the Seller sends the e-mail containing the access or download link.
5.6.
Unless otherwise stated in the Product description or at the time of placing the Order, the Customer
receives access to the Product for an indefinite period, allowing the Customer to download and store the
Product on their own device. The Seller does not provide access to the Product through a user account,
online platform or subscription-based system.
5.7.
Delivery of the Product begins immediately after successful payment, and in any case no later than within
2 Business Days, unless a shorter delivery time is expressly indicated in the Product description or
during the ordering process.
5.8.
The Seller reserves the right to make changes to a Product that are not necessary to maintain its
conformity with the Sales Contract, provided that such changes are justified by important operational,
technical or organizational reasons, including adaptation to a new technical environment or
improvements to functionality. Such changes shall not impose any additional costs on the Customer. The
Seller shall inform the Customer of any material changes in a clear and comprehensible manner. This
provision does not apply to Products delivered on a one-off basis where no ongoing access or updates
are provided.

  1. COMPLAINT HANDLING PROCEDURE
    6.1.
    This Section 6 of the Regulations sets out the complaint handling procedure applicable to all complaints
    submitted to the Seller, including in particular complaints relating to Products, Sales Contracts, Electronic
    Services and the operation of the Online Shop.

6.2.
Complaints may be submitted by the Customer in any of the following forms:
(a) in writing to the Seller’s registered office address:
WINCULUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Al. Józefa Piłsudskiego 17/4
35-074 Rzeszów
Poland
(b) electronically via e-mail to: contact@ivyduston.com
6.3.
It is recommended that the complaint description includes:
(a) information and circumstances relating to the subject of the complaint, in particular the type and date
of occurrence of the issue or alleged lack of conformity with the Sales Contract;
(b) the Customer’s request, such as bringing the Product into conformity with the Sales Contract, a price
reduction, termination of the Sales Contract, or another claim permitted by law;
(c) contact details of the complainant.
The above elements are recommendations only and their absence does not affect the validity or
effectiveness of the complaint.
6.4.
If the contact details provided by the complainant change during the complaint handling process, the
complainant is obliged to inform the Seller without undue delay.
6.5.
The complaint may be accompanied by evidence relating to its subject, such as screenshots,
correspondence, documents or other materials. The Seller may request additional information or
evidence if this is necessary to properly examine the complaint.
6.6.
The Seller shall respond to the complaint without undue delay, and no later than within 14 calendar days
from the date of receipt of the complaint. The response shall be provided using the same communication
channel used to submit the complaint, unless the complainant requests otherwise.
6.7.
The basis and scope of the Seller’s liability are governed by generally applicable laws. With regard to
Consumers, the Seller bears liability for the conformity of digital Products with the Sales Contract in
accordance with mandatory consumer protection regulations. Nothing in these Regulations shall exclude
or limit any mandatory rights granted to Consumers under applicable consumer protection laws, including
those applicable in the Republic of the Philippines, where such laws apply to a given Consumer.
6.8.
In the case of Customers who are Entrepreneurs, the Seller’s liability may be limited or excluded to the
extent permitted by applicable law, in particular with respect to warranty, statutory liability and indirect
damages, unless such limitation or exclusion is prohibited by mandatory legal provisions.
6.9.
Complaints shall be examined in good faith, taking into account the nature of the digital Product, the
method of its delivery and the circumstances of the specific case.

  1. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND DISPUTES
    7.1.
    The Seller informs that disputes between the Seller and the Customer may be resolved amicably without
    court involvement, in particular through negotiations, mediation or other consensual dispute resolution
    methods agreed upon by the parties.
    7.2.
    Before initiating any formal dispute resolution procedure, the Customer is encouraged to contact the
    Seller directly in order to attempt to resolve the dispute amicably. The Seller declares its willingness to
    consider complaints and claims in good faith and to seek reasonable and fair solutions.
    7.3.
    The use of extrajudicial dispute resolution methods is voluntary and does not exclude, limit or suspend
    the Customer’s right to pursue claims before a competent court or other authority, in accordance with
    applicable law.
    7.4.
    If the Customer is a Consumer, nothing in these Regulations shall exclude or limit the Consumer’s right
    to use any alternative dispute resolution mechanisms available under mandatory consumer protection
    laws applicable in the Consumer’s country of residence, including the Republic of the Philippines, where
    such mechanisms are applicable.
    7.5.
    The Seller does not commit to participation in any specific alternative dispute resolution body unless such
    participation is required by mandatory provisions of applicable law.
  2. THE STATUTORY RIGHT OF WITHDRAWAL FROM THE CONTRACT
    8.1.
    The Customer acknowledges that the Products offered in the Online Shop constitute digital content or
    digital services delivered electronically and made available immediately after the conclusion of the Sales
    Contract.
    8.2.
    Due to the nature of the Products and their immediate access after purchase, the statutory right of
    withdrawal from a distance contract may be excluded, to the extent permitted by applicable law, once the
    performance of the contract has begun with the Customer’s prior and express consent and
    acknowledgment.
    8.3.
    By placing an Order and completing the payment, the Customer expressly agrees that:
    (a) the delivery of the digital Product begins immediately after the conclusion of the Sales Contract, and
    (b) they lose the statutory right of withdrawal from the contract once the Product has been made
    accessible.
    8.4.
    The above information is clearly communicated to the Customer prior to completing the purchase,
    including during the checkout process, where the Customer is informed that the Product is a digital
    product delivered immediately and is non-refundable.

8.5.
Where mandatory consumer protection laws applicable to the Customer grant a statutory right of
withdrawal that cannot be excluded, such right shall apply only to the extent required by such mandatory
provisions.
8.6.
Notwithstanding the above, the Seller may, at its sole discretion and on a goodwill basis, consider refund
requests submitted by Customers who are dissatisfied with the Product, provided that such consideration
does not constitute a statutory or contractual right to a refund and does not apply automatically.
8.7.
Any discretionary refund decision shall be made on an individual basis, taking into account the
circumstances of the case, the nature of the Product and the extent to which the Product has been
accessed or used.

  1. THE CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE CONTRACT
    9.1.
    Apart from the statutory rights of the Customer referred to in section 8 of the Regulations and the
    complaint procedure described in section 6, the Seller does not grant a general contractual right of
    withdrawal from the Sales Contract for digital Products delivered immediately after purchase.
    9.2.
    Notwithstanding the above, the Seller may, at its sole discretion and on a goodwill basis, consider
    individual requests from Customers who wish to withdraw from the Sales Contract due to dissatisfaction
    with the Product.
    9.3.
    Any goodwill-based consideration of a withdrawal request does not constitute a statutory or contractual
    right of withdrawal and does not apply automatically. Each request is assessed individually, taking into
    account the nature of the Product, the circumstances of the case and the extent to which the Product has
    been accessed or used.
    9.4.
    In the event that the Seller decides to grant a goodwill refund, the refund amount, method and timing
    shall be determined by the Seller. Refunds, if granted, shall be made using the same payment method
    used by the Customer, unless otherwise agreed.
    9.5.
    The granting of a goodwill refund in a particular case does not create any obligation for the Seller to grant
    refunds in future cases and does not constitute a modification of the No Refund Policy communicated to
    Customers prior to purchase.
  2. PROVISIONS CONCERNING ENTREPRENEURS
    10.1.
    This section 10 of the Regulations and all provisions contained herein apply exclusively to Customers or
    Service Recipients who are not Consumers within the meaning of applicable consumer protection laws.
    These provisions do not apply to Customers who, under mandatory provisions of applicable law, are
    entitled to consumer protection despite concluding the Sales Contract in connection with their business
    activity.

10.2.
In the case of a Sales Contract concluded with a Customer who is not a Consumer, the Seller shall have
the right to withdraw from the Sales Contract within 14 calendar days from the date of its conclusion,
without stating reasons and without this giving rise to any claims on the part of the Customer against the
Seller.
10.3.
To the fullest extent permitted by applicable law, the Seller’s liability under statutory warranty, guarantee
or for lack of conformity of the Product with the Sales Contract shall be excluded with respect to
Customers who are not Consumers.
10.4.
Complaints submitted by Customers who are not Consumers shall be examined by the Seller within 30
calendar days from the date of receipt of the complaint.
10.5.
The Seller reserves the right to limit the available payment methods for Customers who are not
Consumers, including the right to require full or partial prepayment, regardless of the payment method
initially selected by the Customer and regardless of the conclusion of the Sales Contract.
10.6.
The Seller may terminate the agreement for the provision of Electronic Services to a Service Recipient
who is not a Consumer with immediate effect and without stating reasons, by sending an appropriate
declaration to the Service Recipient by electronic means.
10.7.
The liability of the Seller or Service Provider towards a Customer or Service Recipient who is not a
Consumer, regardless of its legal basis, shall be limited — both with respect to a single claim and to all
claims in total — to the amount paid by the Customer under the Sales Contract, and in any case shall not
exceed the equivalent of EUR 250. The Seller shall be liable only for direct and foreseeable damages
and shall not be liable for lost profits.
10.8.
Any disputes arising between the Seller or Service Provider and a Customer or Service Recipient who is
not a Consumer shall be resolved by the court having jurisdiction over the registered office of the Seller,
unless mandatory provisions of applicable law provide otherwise.

  1. PRODUCT REVIEWS
    11.1.
    The Seller does not provide functionality enabling Customers or other users to publish, display or access
    Pro
  2. ILLEGAL CONTENT AND CONTENT NOT COMPLYING WITH THE REGULATIONS
    12.1.
    This section sets out information obligations of the Service Provider arising from Regulation (EU)
    2022/2065 (Digital Services Act), to the extent applicable to the operation of the Online Shop. As a rule,
    Service Recipients do not publish or store content within the Online Shop, except for data necessary to
    place Orders or contact the Seller.
    12.2.

CONTACT POINT
In accordance with Article 11 of the Digital Services Act, the Service Provider designates the following
email address as a single point of contact for communication with EU authorities, the European
Commission, the European Board for Digital Services, and users of the service:
contact@ivyduston.com
Communication may be conducted in Polish or English.
12.3.
NOTICE AND ACTION MECHANISM
Any person or entity may notify the Service Provider of the presence of content that they consider to be
illegal by sending a notice to: contact@ivyduston.com.
The notice should include, where applicable:
(a) a sufficiently substantiated explanation of why the content is considered illegal;
(b) a clear indication of the electronic location of the content;
(c) the name and email address of the notifying person or entity (unless exempt under applicable law);
(d) a statement of good faith belief that the information provided is accurate and complete.
Upon receipt of a sufficiently precise notice, the Service Provider shall act diligently and, where required,
inform the notifying party of the decision taken.
12.4.
The Service Provider reserves the right to remove or restrict access to content or data submitted by
Service Recipients that is unlawful or contrary to these Regulations, applicable law, or the rights of third
parties, including intellectual property rights.
12.5.
Any complaints or objections regarding decisions taken under this section may be submitted in
accordance with the complaint procedure set out in section 6 of the Regulations. This does not affect the
right of any person or entity to seek judicial remedies or other legal protection available under applicable
law.

  1. FINAL PROVISIONS
    13.1. Language of Contracts
    Contracts concluded via the Online Shop are concluded in English.
    13.2. Changes to the Regulations
    The Service Provider reserves the right to make changes to the Regulations for urgent reasons,
    including:
  • changes in the law;
  • changes in payment or delivery methods;
  • legal or regulatory obligations;
  • changes in the scope or form of Electronic Services or Products provided;
  • addition of new Electronic Services or Products;
  • necessity to counter unforeseen and imminent threats related to the protection of the Online Shop,
    including Electronic Services and Service Recipients/Customers, from fraud, malware, spam, data
    breaches, or other cybersecurity threats.
    Notice of proposed changes shall be sent at least 15 days before the effective date of such changes.
    However, changes may be implemented immediately without observing the 15-day notice period if:
  • the Service Provider is obliged by law or regulation to amend the Regulations immediately, or it is
    necessary to counter an unforeseen and imminent threat as described above.
    For ongoing contracts (e.g., use of the Account), the Service Recipient has the right to terminate the
    contract before the end of the notice period. Termination takes effect within 15 calendar days of receipt of
    the notification. The amended Regulations are binding on the Service Recipient if they were properly
    informed and did not terminate the contract within the notice period. After receiving notification, the
    Service Recipient may also explicitly accept the changes at any time, opting out of the notice period.
    For contracts other than continuous contracts, changes to the Regulations do not affect rights acquired
    before the effective date, including already placed Orders and concluded, executed, or partially executed
    Sales Contracts.
    If a change introduces new fees or increases existing fees, the consumer has the right to withdraw from
    the contract.
    13.3. Applicable Law
    In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in
    particular:
  • the Civil Code;
  • the Act on Provision of Electronic Services (Journal of Laws 2002, No. 144, item 1204, as amended);
  • the Consumer Rights Act (Journal of Laws 2014, item 827, as amended);
  • other corresponding provisions of commonly applicable law.
    13.4. Consumer Protection for Foreign Customers
    These Regulations do not exclude the laws of the country of habitual residence of the consumer (e.g.,
    the Philippines) that cannot be waived by agreement. The Seller/Service Provider guarantees the
    protection afforded to such consumers by mandatory provisions of their local law.