Terms of service for using the Opexity service

The owning company of the Website Opexity.com is LUQAM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA (Limited liability company) with the seat in Kraków (head office address and mailing address: ul. Kamieńskiego 47, 30-644 Kraków; entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000442347; the registration court, in which the company's documentation is kept: District Court for Kraków Śródmieście (Kraków City Centre) in Kraków, XI Commercial Division of the National Court Register, Tax ID Number (NIP): 6793087067; National Business Registry Number (REGON): 122736324; e-mail address: contact@opexity.ocm (hereinafter: "Service Provider" or "Administrator").

The Controller runs the Web Site and is responsible for the proper provision of Electronic Services of the Web Site.

The definitions used in these Terms and Conditions shall have the following meaning:

• WORKING DAY - one day between Monday and Friday, excluding public holidays.
• CONTACT FORM - An Electronic Service, an interactive form available under the tab "Contact" allowing the contact with the Service Provider, and sending your inquiries.
• REGISTRATION FORM - a form available in the Website which enables you to set up an Account.
• ORDER FORM - an Electronic Service, an interactive form available in the Website that enables submitting orders by the Service User and the purchase of Digital Products.
• CIVIL CODE - Civil Code Act of 23 April 1964. ( (Journal of Laws No. 16 item. 93, as amended.)
• Customer ACCOUNT - an electronic account in the Website allowing the Customer to access the Website and use it. An electronic account is part of the Website, it has the Customer’s individual e-mail address and password, and it represents a set of resources within the Service Provider’s information and communication technology system, which collects data provided by the Service User and information regarding the Orders placed by the User in the Website.
• COPYRIGHT -Act on copyright and related rights of 4 February 1994. ( (Journal of Laws No. 24 item. 83, as amended.)
• PRODUCT - a movable good, service and digital product available on the Website under the tag "Shop”, being the subject of a Sales Contract. In the case of digital products intended for sale in electronic form as digital content, it is necessary to have an appropriate electronic equipment to read it. Detailed information on the Products and the necessary instructions for the use of digital products can be found on the Website page.
• DIGITAL CONTENT - webinars, text materials, and any audio-video materials available on the Website.
• TERMS AND CONDITIONS - These Terms and Conditions of the Website.
• WEBSITE, OPEXITY.COM – the Service Provider’s Website available at http://opexity.com.
• SALES CONTRACT - Product Sales Contract concluded between the Customer and the Seller through the Website or pending.
• ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Website in accordance with the Terms and Conditions.
• CUSTOMER - (1) a natural person with full legal capacity, and in the cases provided for by commonly applicable regulations also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to whom an act has granted a legal capacity; - that uses or intends to use the Electronic Service.
• SELLER, SERVICE PROVIDER, CONTROLLER – LUQAM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA (limited partnership) with the registered office in Kraków (address and mailing address: ul. Kamieńskiego 47, 30-644 Kraków; entered into the Register of Entrepreneurs of the National Court Register under the KRS number 0000442347; the registration court, in which the company"s documentation is kept: District Court for Kraków Śródmieście (Kraków City Centre) in Kraków, XI Commercial Division of the National Court Register, Tax ID Number (NIP): 6793087067; National Business Registry Number (REGON): 122736324; e-mail address: contact@opexity.ocm
• CONSUMER RIGHTS ACT, THE ACT - The Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014 item 827, as amended).
• ORDER - a declaration of intent submitted by the Customer via the Order Form with a direct aim to enter into the Product Sales Contract with the Seller.

Opex University is a modern learning platform through which you can gain knowledge of Lean Management, Six Sigma, Quality Management, Purchasing and Logistics and Project Management. The platform provides training materials, tests and certificates that are available after completing specific modules as well as scenarios for simulation games.

The Service Provider is responsible for the provision of electronic services specified in the Terms and Conditions and is obliged to provide them defect-free.  The Service Provider endeavours to make its actions comply with the applicable standards, the code of conduct and confidentiality provisions.

The Customer is obliged to use the Website in a manner consistent with the law and good practices with the respect for personal rights and copyright and intellectual property of the Service Provider, other Customers and other third parties.  The Customer is obliged to enter factual data.  The Customer is prohibited to deliver illegal content.

Technical requirements necessary to cooperate with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with internet access; (2) access to e-mail; (3) Internet browser: Mozilla Firefox 17.0 or a higher version or Internet Explorer 10.0 or higher, Opera 12.0 or higher, Google Chrome 23.0. or higher, Safari 5.0 or higher, Microsoft Edge 25.10586.0.0 or higher; (4) the recommended minimum screen resolution of 1024x768; (5) enabled saving of cookie files and and enabled Javascript support in the web browser.

The Controller of personal data processed in the Website in connection with the implementation of the provisions of these Terms and Conditions is the Service Provider.  Personal data are processed for the purposes, in the scope and based on the rules outlined in the Privacy Policy published in the Website. The Privacy Policy contains, above all, the principles concerning the processing of data by the Controller in the Website, including the basis, purpose and scope of personal data processing and the rights of data subjects as well as information regarding the use of cookies and analytical tools in the Website. Using the Website is voluntary. Likewise, providing personal information thus related by the Website user is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion of a contract and statutory obligations of the Seller).

The Service Provider complies with the Art. 14 par. 1 of the Act of 18 July, 2002 on Providing Services by Electronic Means 1 (Journal of Laws of 2002 No. 144, item 1204, as amended), according to which: The responsibility for the stored data shall not be borne by the person, who, making the resources of a teleinformation system available for the purpose of the data storage by a Service User , is not aware of unlawful nature of the data or the activity related to them, and in case of having been informed or having received a message on unlawful nature of the data or the activity related to them, makes immediately the access to the data impossible.

1. Every Service User can use the Website under the conditions specified in the Terms and Conditions.

2. The Service User may use the following E-Services on the Website:

• a. Contact Form
• b. Order Form
• c. Account (trial account and paid account)

3. A detailed description of the Electronic Services and how they work is available in the Terms and Conditions and on the Website pages.

4. The Service Provider is obliged to provide defect-free Electronic Services.

5. Using the contact form is possible after (1) you move to the tab "Contact", (2) fill in the form, and (3) click on "Send” after completing the answer form - up to that moment it is possible to modify the entered data independently. The Customer is required to enter the following data in the form: Full name, e-mail address, the subject and the message. The contact form e-service is provided free of charge, and on a one-off basis, and is concluded upon sending a message via the form or upon earlier discontinuation of use of the contact form by the Service User.

The Service Provider allows the Service User to open an Account with different levels of access. The Website provides for the following types of accounts:

• a. Trial account for business (free)
• b. Paid account
  • a) (a) For the business: name, surname, e-mail address, company name, number of seats, industry, NIP/TIN, country and password. The account shall be activated upon payment of the fee. After the end of the 12-month period, the contract for the provision of the Electronic Service - Accounts shall be automatically extended with a one-month period of notice. Within the framework of a Paid Account, a distinction shall be made between the administrator account, which is the main account, and the user account, which receives access to the platform from the administrator. The administrator of the account may add 50 users in case of purchasing a SMALL BUSINESS subscription, 250 users in case of purchasing a MEDIUM BUSINESS subscription and an unlimited number of users when purchasing a BIG BUSINESS subscription. After being added by the administrator, the users will receive an activation link to the given e-mail address.
  • b) For individual users: name, surname, e-mail address, country, region, postcode, password and optional university name. Access to purchased materials is valid for 3 months from the date of purchase.

  4. The test account (free) is valid for 7 days and provides access to the main functionalities of Opex University and several films available in the Service. After 7 test days, the test account expires. Its re-activation is possible after purchasing a yearly subscription.

2. The Trial Accounts can be used after four consecutive steps are taken by the Service User - (1) Select the "Check" option in the "for business" tab, (2) fill in the registration form, (3) and (4) confirm your wish to create an Account by clicking on the confirmation link sent automatically to the email address provided. In the registration form it is necessary for the Client to provide the following data: e-mail address, NIP/TIN number and password. The Service User has the option to remove the Account (the Account opt-out), at any time and for any reason, by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: contact@opexity.ocm.

3. The Paid Account can be used after four consecutive steps are taken by the Service User - (1) add to the basket of products, (2) complete the registration form, (3) click on the "NEXT" box and (4) confirm your wish to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided. In the registration form it is necessary for the Client to provide the following data:

The Order Form starts to be used when the Product is added by the Customer to the e-shopping cart on the Website.

The Order is placed after the Customer takes two consecutive steps – (1) after filling in the Order Form and choosing the payment method and (2) clicking on the Website after filling in the Order Form the field "Place Your order" - until then it is possible to modify the entered data in your account settings yourself (to do this, follow the display messages and information available on the Website).

Third In the Order Form (in the absence of registration on the site) it is necessary to provide the following data on the Client:

• In case of a company: name, surname, e-mail address, company name, number of company seats, industry, NIP/TIN, country and password. Having a European NIP/TIN exempts the company from 23% tax. Note that it is the recipient"s responsibility to provide a false NIP/TIP number.
• For individual users: name, surname, e-mail address, country, region, postcode, password and optional university name.

The Order Form e-service is provided free of charge, and on a one-off basis, and it is terminated after the Order has been submitted through it, or upon an earlier discontinuation of use of the Order Form by the Customer.

The sales contracts concluded through the Website may cover Digital Content and Digital Products, including simulation game scripts and simulation game equipment.

The Seller provides the Customer with the following methods of payment under the Sales Contract: card payments, electronic payments and payments to the bank account of the Seller.

Electronic payments and payment card payments through the service Przelewy24 and Paypal services - possible payment methods are specified on the website www.przelewy24.pl and www.paypal.com.

Settlements of transactions made by electronic payments and card payments are carried out at the choice of the Customer through the service Przelewy24 and Paypal. Electronic payments and card payments are serviced by:

• Przelewy24.pl - PayPro SA, 60-327 Poznań, 15 Kanclerska Street, Poland
• PayPal.com – Company PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th story, 22–24 Boulevard Royal, L-2449, Luxembourg.

The Seller provides the Customer with the following methods of electronic delivery of the purchased products:

• Postal service
• Courier service

The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a different deadline is specified in the description of the Product in question or in the course of submitting the Order. The start of the Product delivery run is counted as follows: In case the Customer chooses the method of electronic payment or payment card - from the date of crediting the Seller"s bank account or billing account.

Purchased Digital Content will be available to download from the website immediately after the payment is received.

This section of the Terms and Conditions refers to Digital Products, i.e. Products which constitute a work within the meaning of the Copyright Act and which are therefore subject to Copyright protection and to

In matters not covered in this section the other provisions of the Terms and Conditions apply.

Digital Products will be available to the Customer for download after an appropriate message is sent to the e-mail address specified during an Order placement.

Digital Products are available as PDF, ePub and MOBI files, whereas each Digital Product is in a PDF file, and only some are available in additional ePub and/or MOBI file formats. If a given publication is available as a Digital Product in both PDF and ePub and/or MOBI files, these formats are sold together (i.e., as a MultiFormat file type).

Digital Products are secured permanently by a Watermark. The watermark protection applies to both the visual layer (visible information about the file owner ), and the technology layer (the unique transaction ID encrypted in the file in a way that is invisible to the Customer)

Sections 8, 9 and 10 shall apply in situations in which various third parties with the Copyrights to the Product do not regulate them otherwise.

The Customer"s use of the Product constituting a work within the meaning of the Copyright Act, and which is thus subject to Copyright protection, is possible only for non-commercial, personal purposes, to the extent specified in these Terms and Conditions and the provisions of the Copyright Act.

To the extent permitted by the prevailing law, including in particular the Copyright and regulations regarding the permitted use, the Customer is not entitled to make the Product available to third parties or to use it for commercial purposes.

Upon payment the Customer is granted a non-exclusive, unsellable and non-transferable license, without the right to sub-license (including, with no right to authorize others to use the content under the granted license), to use the Product, as well as to use the proprietary copyrights, without limitation as to the territory and time, in the following fields of use: (1) re-downloading of the Product and its digital recording in a computer memory; (2) permanent or temporary digital reproduction of the Product in whole or in part, to the extent in which, in order to display the Product, play it back or store, it is necessary to reproduce it; (3) permanent or temporary digital display, play or storage of the Product. Any rights other than the above that were not expressly granted to the Customer, are proprietary rights reserved by the Seller, in particular the Customer is not entitled to (1) distribute the Product, including a lease or a copy of the Product; (2) sub-license the Product (including the right to authorize others to use the Product, or (3) to market the Product, including a loan or a lease.

In the case of a contract on the provision of digital content and on condition that the Customer has not started using the product by giving his/her consent to the performance of the service, the Customer has the right to withdraw from a distance contract within 14 days, before the deadline for the withdrawal from a contract, by ticking the consent informing about the loss of the right to a withdrawal and product activation.

The main form of your regular contact with us is the contact form on the Website, electronic mail (e-mail address: contact@opexity.ocm), through which you can exchange with the Service Provider any information concerning the use of the Website. The Service Users can also contact us in other ways permitted by law, in particular through the Contact Form on the website.

Complaints relating to the operation of the Website and E-Services may be submitted by the Customer for example, via e-mail (e-mail: contact@opexity.ocm).

It is recommended that the Customer provides the following in the complaint description: (1) the information and circumstances relating to the subject of complaint, in particular the type and date of any irregularity; (2) the claim; and (3) the contact details of the complaining person - this will facilitate and expedite investigation of the complaint. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.

The Seller shall address the Customer"s complaint promptly, no later than within 14 calendar days from the date of its submission.

The basis and extent of the Seller’s liability to the Customer, if the Product is sold with a tangible or intangible defect (warranty) are defined by generally applicable provisions of law, in particular the Civil Code (in Art. 556-576 of the Civil Code). For Sale Contracts entered into before 24 December 2014 the basis and extent of the Seller"s liability to the Customer (a natural person who purchases the Product for the purpose unrelated to his/her professional or business activity) for the non-compliance of the Product with the Sale Contract are defined by generally applicable legal regulations, in particular by the Act of 27 July 2002 on Specific Terms and Conditions of Consumer Sale and amendments to the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended).

The Seller is obliged to deliver to the Customer a defect-free Product.

The complaint may be filed by the Customer, for example, via electronic mail (e-mail:contact@opexity.ocm).

It is recommended that the Customer include in the complaint description the following: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request regarding the method of restoring the Product to a state of conformity with the Sales Contract, or statement of price reduction, or withdrawal from the Sales Contract; and (3) the claimant’s contact information – the above will facilitate and expedite investigation of the complaint by the Seller. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.

The Service Provider shall address the Customer"s complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested a replacement delivery or defect rectification or has made a statement about the price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, the request shall be deemed accepted.

The Customer who exercises his/her rights under warranty is obliged to deliver a defective Product to the following address: ul. Kamieńskiego 47, 30-644 Kraków. In the case of a consumer Customer, the cost of the Product delivery shall be borne by the Seller, in case the Customer is not a consumer the cost of delivery shall be borne by the Customer. Where, due to the nature of the Product or the method of its installation, it would be extremely difficult for the Customer to deliver the Product, the Customer is obliged to make the Product accessible to the Seller in the place of its location.

This section of the Terms and Conditions applies only to Customers who are consumers and concerns contracts concluded between them and the Service Provider.

The consumer is not entitled to withdraw from a distance contract in respect of contracts (1) for the provision of services if the Service Provider has provided full service with the express consent of the consumer, who had been informed before the service provision that after the provision by the Seller he/she will lose the right of withdrawal; (2) for the supply of digital content that is not stored on a tangible medium if the performance of a contract has begun with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the Seller about the loss of the right of withdrawal.

Subject to the section 13 par. 2 of the Terms and Conditions, the consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and at no cost, subject to section 13 par. 4 of the Terms and Conditions.

If the consumer exercises his right to withdraw from the service contract lasting over 14 days and after having made a request to start the service before the deadline for withdrawal from a service contract, he/she is obliged to pay for the services provided before the withdrawal. The amount payable is calculated in proportion to the provided service, account being taken of the contractually agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the provided service.

To meet the deadline for withdrawal it is sufficient to send a statement before its expiry. The notice of withdrawal can be submitted for example in writing to the following address: ul. Kamieńskiego 47, 30-644 Kraków or in electronic form via e-mail to the following address: contact@opexity.ocm.

The time-limit for the withdrawal from the Service Contract starts from the date of the Contract.

This section of the Terms and Conditions applies only to Service User s who are consumers.

Detailed information regarding the possibilities for Customers who are consumers to use extrajudicial methods of settling complaints and asserting claims, as well as the rules of access to those procedures are available on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

A consumer has the following exemplary options of using extra judicial complaint settling and asserting claims: (1) a motion for a dispute resolution submitted to the Permanent Consumer Arbitration Court (for more information see: http://www.spsk.wiih.org.pl/); (2) a motion for an out-of-court dispute resolution to the provincial inspectorate of the Trade Inspection (more information on the site of the inspectorate competent for the place of business of the Seller); and (3) assistance of the district (municipal) consumer ombudsman or social organization which statutory tasks include consumer protection (including the Polish Consumer Federation and the Association of Polish Consumers). Advice is provided, among others, by email at porady@dlakonsumentow.pl and on the consumer hotline number 801 440 220 (the hotline is available on weekdays from 8.00 - 18.00, call fee according to the operator"s tariff).

An online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with one-stop service for consumers and businesses seeking an out-of-court settlement of disputes concerning contractual obligations arising from an online sale or an online service contract (more information on the site of the platform or at the online address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

This section of the Terms and Conditions and provisions contained herein relate exclusively to Customers and Service Users who are not consumers.

The Seller is entitled to withdraw from a Sales Contract concluded with a Customer who is not a consumer within 14 calendar days from its conclusion. Withdrawal from a Sales Contract in such an instance may take place without stating a cause and does not entitle the Customer who is not a consumer to any claims towards the Seller.

In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, as well as require the issue of a prepayment in full or in part, regardless of the method of payment selected by the Customer and the fact of concluding a Sales Contract.

Upon the Seller’s release of a Product to the carrier, the benefits and burdens associated with the Product and risk of any loss or damage to the Products are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the full or partial loss, or damage to a Product which may occur between the Product’s release for transport and delivery to the Customer, nor for any delays in transport.

In the case of a Product being delivered to a Customer via a carrier, the Customer who is not a consumer is obliged to inspect the parcel within a time and in a manner generally accepted for such deliveries. If it is determined that loss or damage of the Product occurred during transport, the Customer is obliged to perform all actions necessary to determine the responsibility of the carrier.

Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under the warranty for the Product to the Customer who is not a consumer shall be excluded.

In the case of Service Users who are not consumers, the Service Provider may terminate an Electronic Service Provision Contract with immediate effect and without stating the cause by way of sending a corresponding statement to the Service User.

Liability of the Service Provider / Seller in relation to the Service User/Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and the costs of delivery in respect of the Contract for Sale, however, not more than the amount of one thousand Polish Zlotys. The Service Provider/Seller shall be accountable to the Service User /Customer who is not a consumer only for typical damage foreseeable at the time of conclusion of the contract and shall not be held accountable for lost profits to the Service User /Customer who is not a consumer.

Any disputes arising between the Service Provider/Seller and the non-consumer Service User/Customer shall be settled by a court of competent jurisdiction over the Service Provider’s/Seller’s seat.

Copyright and intellectual property rights to the Website as a whole and its individual components, including the content, images, tracks, marks and designs available in it belong to the Service Provider or other authorized third parties and are protected by the Copyright Act and other provisions of generally applicable law. The protection granted to our Website covers all forms of expression.

The Service Provider and third party’s trademarks should be used in accordance with applicable law.

Contracts concluded through Opexity.com are drawn up in English.

The Service Provider reserves the right to amend the Terms and Conditions due to significant reasons, i.e. change in legal regulations; change in the scope or methods of Electronic Service delivery – as far as these changes influence the execution of provisions of the Terms and Conditions.

• In the event of the conclusion of perpetual contracts based on these Terms and Conditions (e.g. for the provision of the Account – Electronic Service), the amended Terms and Conditions are binding for the Service User, provided that the requirements of art. 384 and 384[1] of the Civil Code are met, i.e. the Service User has been properly notified of the amendments and has not terminated the contract within 14 calendar days from the notification date. In cases, where an amendment of Terms and Conditions results in the introduction of any new charges or increase of current ones, the Service User who is a consumer is entitled to withdraw from the contract
• In case of conclusion of agreements other than perpetual ones based on these Terms and Conditions (e.g. Sales Agreements), amendments to the Terms and Conditions shall in no way affect the rights acquired by consumer Service Users before the effective date of the amended Terms and Conditions; in particular the amendments to the Terms and Conditions will not affect pending or already placed Orders and concluded, in progress or performed Sales Agreements.

  In matters not regulated in these Terms and Conditions, the commonly applicable regulations of Polish law shall apply, in particular: the Civil Code; the Act of 18th of July 2002 on Providing Services by Electronic Means (Journal of Laws of 2002 no. 144, item 1204 further amended); the Consumer Rights Act as well as other corresponding provisions of commonly applicable law.

  These Terms and Conditions shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by agreement. The Seller/Service Provider warrants, in this case, the consumer protection afforded to him by provisions which cannot be excluded by agreement.

Model withdrawal form (This form must be completed and returned only if you wish to withdraw from the contract)

LUQAM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA Ul. Kamieńskiego 47, 30-644 Kraków contact@opexity.ocm

– I/We (*) hereby inform of my/our withdrawal from the contract of sale of the following goods(*) contract for the supply of the following goods(*) contract for specific task consisting in making the following goods(*)/provision of the following services(* )

– Date of the contract(*)/reception(*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is sent by letter)

- Date

(*) Delete as appropriate