I. GENERAL PROVISIONS
1. Introductory provisions
1.1 Herein Terms and conditions define the terms of use for the academy.fibaro.com website, including subpages and subdomains.
1.2 Any user shall be obliged to comply with the provisions of the Terms and Conditions. Before creating an account on the FIBARO Academy website, you should read the Terms and conditions carefully.
1.3 The Regulations apply to all services on the FIBARO Academy website, unless specific provisions apply to specific services available on the FIBARO Academy website.
1.4 FIBARO Academy website is administered by the Fibar Group Joint Stock Company with its registered office in Poznań (60-421) at Lotnicza 1 street, entered into the National Court Register (KRS) in the district court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register 0000553265, NIP (tax number) 7811858097, REGON (National Business Registry Number) 30159566400000, with a share capital of PLN 1,182,100.00.
1.5 Herein Agreement is made available by the Service Provider free of charge prior to the conclusion of the contract for the provision of services by electronic means and at the request of the user in such a way as to enable the acquisition, accessibility and recording of its content by means of the information and communication system used by the user.
2. Definitions
2.1 Terms and conditions – all regulations of the FIBARO Academy website, available under the domain academy.fibaro.com, together with its subpages and subdomains (the “FIBARO Academy website”), in force on the FIBARO Academy website.
2.2 Service Provider – FIibar Group S.A. with its registered office in Poznań (60-421) at Lotnicza 1 street, entered into the National Court Register (KRS) in the district court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register, under number 0000553265, NIP (tax number) 7811858097, REGON (National Business Registry Number) 30159566400000, with a share capital of PLN 1,182,100.00.
2.3 User – an adult natural person who uses the Services provided electronically by the Service Provider and who participates in a practical course for installers organised by Fibar Group S.A., who successfully creates an Account on the FIBARO Academy website in the manner specified in the Terms and conditions.
2.4 Account – a space on the FIBARO Academy website made available to Users for use as a function of the FIBARO Academy website.
2.5 Login – an individual and unique user name for the FIBARO Academy website, created automatically, consisting of an e-mail address, surname and first letter of the User’s name.
2.6 Services – all services provided by the Service Provider to the Users by electronic means on the basis of these Terms and conditions.
2.7 Provision of services by electronic means – performance of a service which takes place by sending and receiving data by means of IT systems, at the individual request of the User, without the simultaneous presence of the parties, where the data are transmitted via public networks within the meaning of the Telecommunications Law.
II. INFORMATION ON THE FIBARO ACADEMY WEBSITE AND ITS SERVICES
TECHNICAL REQUIREMENTS
1.Information about the FIBARO Academy website and its Services
1.1 The FIBARO Academy website enables Users to become familiar with the Service Provider’s product offer, to acquire and consolidate specialist knowledge about the manufactured devices and services, including the rules of their proper operation, good practices of installation, configuration and sales. This information is provided in the form of courses, divided into modules which are divided into lessons. This information shall be provided in text, graphics or film form.
1.2 After the successful completion of each subsequent practical course for installers organised by the Service Provider, as referred to in item III 1.2 of the terms and conditions, the Service Provider provides the User with access to additional courses corresponding to the level of knowledge gained by the User during practical courses for installers.
1.3 At each individual request of the User, the Service Provider shall provide a service of displaying the content available in particular lessons to which the User has gained access pursuant to the rules set forth in item 1.2 above. No additional fees shall be charged for the provision of the Service such as access to lessons in the courses referred to above.
2. Technical requirements
2.1 For full and correct use of the Services and proper functioning of the FIBARO Academy website, it is necessary to have devices enabling the use of Internet resources, an e-mail address and a web browser enabling the display of websites (it is recommended to use the latest versions of web browsers with the “cookies” function enabled).
2.2 The proper functioning of the FIBARO Academy website means its proper display in a search engine, as well as the security of the Users data stored in the Users Accounts. If the User does not meet the above requirements, the Service Provider shall not be liable for damages incurred by the User in the event of improper operation of the FIBARO Academy website.
2.3 The FIBARO Academy website is based on cookies technology. The rules of using “cookies” are included in the Privacy Policy available at: www.fibaro.com/en/privacy-policy.
2.4 Notices concerning the use of the FIBARO Academy website shall be sent to the e-mail address provided by the User during registration for the practical course for installers, referred to in III 1.2. of the Terms and conditions. The user is obliged to provide a valid and correct e-mail address.
III. REGISTRATION, ACCOUNT DEACTIVATION
1. Signing up to the FIBARO Academy website
1.1 Signing up to FIBARO Academy website is free of charge.
1.2 Signing up to the FIBARO Academy website and creation of an Account are done automatically, together with registering of the User for a practical course for installers at the following URL address: www.fibaro.com/pl/events/szkolenia-dla-instalatorow/.
1.3 Signing up and creating an account for a practical course for installers and registering on the FIBARO Academy website is equal to accepting the Terms and conditions and the Privacy Policy.
1.4 Signing up to the FIBARO Academy website may be made only by an adult natural person who is a participant of a practical course for installers organised by the Service Provider.
1.5 In order to register and use the FIBARO Academy website, the User must meet the technical requirements specified in the following section II (2) of the Terms and conditions and have access to his or her e-mail account.
1.6 No person may have more than one Account. It is forbidden to make the Account available to any other person.
1.7 Information on the creation of the User Account, including login details and details on the possibility of resetting the password to the Account, is sent by the Service Provider by e-mail to the e-mail address provided during registration.
2. Account Deactivation
2.1 The User has the right to request the cancellation of the registration at any time i.e. his or her Account. Request of this kind should be made by means of an e-mail and sent from the address provided by the User during registration process to the address [email protected]. The Service Provider shall deactivate the Account of a given User within not more than 7 business days from the date of receiving request.
2.2 Moreover, deactivation of the Account, blocking of the Account or access to particular Services may be caused by the User’s breach of the Terms and conditions, in particular in case of providing false information, violation of the rights of other Users, Service Provider, or any third parties.
2.3 The Service Provider’s decision to deactivate the Account is communicated to the User by means of a message sent to the e-mail address provided during registration. Deactivation of the User’s account or withdrawal of consent to the processing of personal data will result in further inability to provide the Services.
2.4 In the event of blocking the Account or access to particular Services, Service Provider shall inform the User by e-mail of the reasons for and duration of the blocking and that in the event of repeated breach of the Terms and Conditions, the User’s Account shall be deactivated without repeated notice. The Service Provider shall unblock the Account or Services after the expiry of the blocking period.
2.5 The Service Provider is entitled to deactivate the User Account if e.g.
2.5.1 The User does not log in to the website within 12 months from the last login;
2.5.2 User has more than one Account, in which case all User Accounts may be deactivated;
2.5.3 The User shall not accept the change of the Terms and conditions.
IV. CONCLUSION AND TERMINATION OF THE CONTRACT
1.The contract for the provision of services by electronic means is concluded by the User at the moment of commencement of the provision of the Service by the Service Provider i.e. when the Service Provider is obliged to provide the services by electronic means right after signing up or logging in.
2.The contract for the provision of services by electronic means shall be terminated at the moment of its termination:
2.1.the User deletes or logs out from the FIBARO Academy website,
2.2.the decision of the Service Provider to terminate the contract, which may be caused in particular:
2.2.1. breaches of the provisions of the Terms and conditions by the User,
2.2.2. the User’s refusal to grant the Service Provider the necessary consents or data necessary for the provision of a given Service,
2.2.3. technical problems on the side of the User, causing difficulties in providing the Service to the user by the Service Provider.
V. SERVICE PROVIDER AND USER RIGHTS AND OBLIGATIONS
The Service Provider undertakes to provide Services by electronic means.
The Service Provider shall make every effort to ensure that the FIBARO Academy website operates on a continuous basis. The Service Provider stipulates that the functioning of the FIBARO Academy website may be interrupted in order to update data, correct errors and perform other maintenance work, as well as for other reasons beyond the Service Provider’s control, of which the Service Provider will inform Users as technically possible, in particular by posting a notice on this subject on the FIBARO Academy website.
3. The service provider reserves the right to:
3.1. implement changes in the parameters of the Accounts;
3.2. change features and capabilities of the FIBARO Academy website, in particular the scope and type of Services and functionalities;
3.3. periodical shutdown of the FIBARO Academy website without prior notice, in particular in connection with its modification;
3.4. remove, for important reasons, the entire content of the servers of the FIBARO Academy website or discontinue the provision of the Services altogether, after prior notification to the Users on the FIBARO Academy website;
3.5. discontinue provision of Services within the framework of the FIBARO Academy website in relation to the User who violates the provisions of the Terms and conditions.
The User is obliged to use the FIBARO Academy website in accordance with its intended purpose and to comply with the rules of Terms and conditions. When using the FIBARO Academy website, the Users are obliged to act in accordance with the law, the principles of social coexistence and good practice, and to observe the generally accepted rules of conduct applicable to all Internet users, which are aimed at protecting their interests and those of third parties (the Netiquette). In particular, the User is obliged to:
4.1. refrain from any activities that may hinder or interfere with the functioning of the FIBARO Academy website, in particular those that may hinder the use of the FIBARO Academy website by other Users;
4.2. update the data necessary to contact the given User;
4.3. refrain from actions infringing the good name of the Service Provider and of entities cooperating with it;
4.4. not to impersonate others;
4.5. refrain from any other behaviour which the Service Provider might consider to be undesirable, reprehensible or contrary to the purpose of the FIBARO Academy website.
5. It is forbidden to download the contents of the databases made available on the FIBARO Academy website and use them secondary in whole or in substantial part in terms of their quality or quantity.
6. The User is obliged to secure the login and password to the Services against unauthorized access.
VI. PERSONAL DATA
1. Providing personal data is voluntary. In order to properly create an Account it is required to provide the following personal data in the registration form for a practical course for installers:
1.1 First and last name
1.2 E-mail address
1.3 Telephone number
1.4 Tax identification number (NIP)
1.5. Company name
1.6 Industry (to be selected from the list)
2. Personal data of the User of the FIBARO Academy website will be processed by the Service Provider exclusively for the purpose of providing a given Service and to the extent necessary for its provision, including the legally justified purpose of the Service Provider i.e. direct marketing concerning products and services. Processing of personal data of the Users for a purpose other than that indicated in the previous sentence shall be carried out only after obtaining the consent of the User and to the extent indicated in the particular consent.
3.The Administrator of the User’s personal data is Fibar Group Spółka Akcyjna (joint stock company) with its registered office in Poznań (60-421) at Lotnicza 1 street, entered into the National Court Register (KRS) in the district court of Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register 0000553265, NIP (tax number) 7811858097, REGON (National Business Registry Number) 30159566400000, with a share capital of PLN 1,182,100.00.
4. The processing of Users personal data by the Service Provider shall be carried out in accordance with the provisions of respected law in force, in particular in accordance with the Act of May 10, 2018 on the protection of personal data (Journal of Laws 2018, 1000) and the Act of July 18, 2002. on the provision of services by electronic means (Journal of Laws 2013, 1422, as amended)
5. Every User has the right to have an insight to his or her personal data, as well as the right to correct them and demand their deletion. For this purpose, please contact the Service Provider at the following address: Lotnicza 1 Street, 60-421 Poznań or send an e-mail to: [email protected]. If personal data are necessary for the performance of a given Service, a request for deletion of such personal data shall be tantamount to a declaration of termination of agreement for the provision of a given Service.
VII. ACCOUNTABILITY
1. The Service Provider is not responsible for any disruptions in the functioning of the FIBARO Academy website: (i) caused by force majeure, equipment failure, (ii) resulting from errors, improper configuration of operating systems and web browsers or multimedia players, or (iii) caused by illegal interference of Users; even if they would cause loss of data in User Accounts.
2. The Service Provider is not responsible for the temporary inability of the Users to use the functions of the FIBARO Academy website resulting from changes and improvements in the system.
3. The Service Provider is not liable for illegal use of the files downloaded by the Users via the FIBARO Academy website or for the consequences of downloading or installing the files downloaded via the FIBARO Academy website by the Users. The Service Provider is not liable for the Users entries or any published files. This content does not originate from the Service Provider.
4. The Service Provider shall not be liable for any third parties activities nor for any use by them of the User’s data, contrary to the purpose of the FIBARO Academy website or harmful to the Users, in particular in the event of an intrusion of a third party into the User’s Account.
5.The Service Provider shall not be liable in the event of third party claims concerning the publication of content or files by Users or the image of such Users. The User who published the disputed content or files, or the image of a third party, shall be exclusively liable in this respect.
6. The Service Provider shall not be liable for damages resulting from discontinuity in the provision of Services, resulting from circumstances for which it is not responsible (force majeure, acts and omissions of third parties, etc.),
7. The Service Provider shall not be liable for any damage caused to third parties as a result of using the Services by the Users in a manner contrary to the Terms and conditions or the legal regulations.
VIII. INTELLECTUAL PROPERTY
1. All materials contained in the resources of the FIBARO Academy website, including in particular texts, photographs, infographics, video content and sound materials, selection and arrangement of content and graphics, compilations and databases, markings, lists and reports are subject to the rights in intangible property to the works or databases of the Service Provider or third parties and are subject to the protection provided for in the applicable laws, in particular the Act of 4 February 1994 on copyright and related rights (Journal of Laws No 06.90.631, as amended) and the Act of July 27, 2001 on the protection of databases (Journal of Laws No 01.128.1402, as amended), Act of June 30, 2000 of the Industrial property law (Journal of Laws No. 03.119.1117 as amended), the Act of April 16, 1993 on the fight against unfair competition (Journal of Laws No. 03.153.1503 as amended), as well as international conventions to which the Republic of Poland is a party.
2. It is forbidden for the Users to use the materials referred to in above mentioned point 1 in the scope exceeding the allowed personal use on the basis of the binding legal regulations. In particular, it is forbidden to reproduce, modify, block, publicly display or make available of the content and to place them on other websites or make them available to third parties in any other way beyond the scope of permitted personal use; to make references to the source of the materials of the FIBARO Academy website difficult or impossible to read; to reproduce the materials on other media and to distribute and market copies thereof; and to disseminate the materials or graphics for whatever reason or for whatever purpose.
3. By using the content provided on the FIBARO Academy website, Users do not acquire any rights or license to such works or databases.
IX. COMPLAINTS PROCEDURE
1. Every User has the right to lodge a complaint in matters related to the operation of the FIBARO Academy website.
2. Complaints should be submitted by e-mail to: [email protected].
3.The Service Provider shall consider the complaint within 14 days from the date of its receipt.
4.4 A reply to the complaint shall be sent to the User at the address specified in the complaint.
5.The Service Provider reserves the right to extend the time limit specified in above mentioned point 3 – by no more than 10 days – in the event that the recognition of the complaint requires specific actions and arrangements or encounters obstacles beyond the Service Provider’s control (equipment, Internet network failures, etc.). The Service Provider further stipulates that the processing of a complaint may require additional explanations from the User – the time of providing explanations by the User each time extends the period of processing the complaint.).
6. Help concerning the functioning of the Fibaro Academy website can be found at the following e-mail address: [email protected]
X. FINAL PROVISIONS
1. The Service Provider shall have the right to change the rules of using the FIBARO Academy website and the services provided by it, in particular the provisions of the Terms and conditions with effect from the date of entry into force of the consolidated text of the Terms and conditions included on FIBARO Academy website. The User’s use of the FIBARO Academy website after introducing any of the above changes is tantamount to their full and unconditional acceptance.
2. The Service Provider reserves the right to limit access of selected Users to all or part of the content presented on the FIBARO Academy website in the event of using hardware or software by such Users influencing the manner of receiving the content presented on the FIBARO Academy website, in particular limiting or excluding the publication of specific content from the FIBARO Academy website.
3. In the event that it is found that any of the provisions of the Terms and conditions is for any reason, in whole or in part, affected by the penalty of invalidity, the Service Provider undertakes to make such changes to its content as to remove such invalidity. The invalidity of any provision of the Terms and conditions shall not affect the validity of the remaining provisions.
4. Any disputes that may arise in connection with the application of the Terms and conditions shall be settled by a competent common court.
5. The law applicable to the legal relations resulting from the use of the FIBARO Academy website by the Users shall be the Polish law.
6. Any comments regarding the Terms and conditions should be sent by post to the address of the Service Provider’s registered office or by e-mail to the following e-mail address: [email protected].
7. The Regulations are available free of charge on the FIBARO Academy website in a form that allows for their downloading, saving and printing. Terms and conditions are also available in a printed version in Fibar Group S.A. Lotnicza 1 Street, 60-421 Poznań.
8. Herein mentioned Terms and conditions shall enter into force on April 12, 2018.