REGULATIONS OF USING THE PORTAL WWW.SWAN-MCADEMY.COM
- 1. DEFINITIONS
The terms used in the Regulations mean:
Swan Payments Sp. z o.o. with the registered seat in Konstancin-Jeziorna, street Bielawska 14A, postal code 05-520, POLAND, EuTaxID: PL-123-132-37-49, share capital 5,000.00 PLN, which is the Portal operator and administrator of personal data collected with regard to the services provided through the Portal.
Internet portal at www.Swan-McAdemy.com, which is mainly dedicated for professionals in the area of mobile and electronic payments, FinTech and advanced technologies in commerce. Through the Portal and pursuant to the rules defined in the Regulations, Swan Payments provide electronic services, which mainly consist in providing access to Materials. The Portal is mainly in English.
Any person who uses or visits the Portal.
A user who is a natural person who has full legal capacity, for whom an individual User Account has been created as a result of a correct registration process.
Publications, presentations, trainings, webinars and other content in any form, in particular in a form of a text, graphics, photographic content, audio, audiovisual content, are copyrighted and made available in the Portal under the terms defined by Swan Payments in the Regulations. The materials are made accessible in English or other languages.
The Materials, which are accessible for Users, where the access to all or part of these Materials may be reserved for Registered Users.
Materials, access to which is reserved for Registered Users and for which a payment is charged, of which the Users are informed before they start using these Materials.
The Contract concluded between the Registered User and Swan Payments, allowing Registered User to use the Materials.
The Account held and operated by Swan Payments for the Registered User under a unique name (login); allowing the Registered User to log into the Portal in order to use both free and fee-based Materials, with regard to which Registration is required.
Procedure of opening a User Account in the Portal.
The present Regulations of the Portal, are available atwww.Swan-McAdemy.com. The Regulations regulate the rights of the Users who have a status of consumers. The rules governing provision of services through the Portal by Swan Payments to the other persons and entities are defined in a Contract concluded with them.
- 2. GENERAL INFORMATION
2.1. The Portal is an internet platform, which is mainly dedicated for professionals in the area of mobile and electronic payments, FinTech and advanced omni-channel technologies in commerce.
2.2. The Portal enables the User to use the Materials. The Materials can be free of charge or fee-based.
2.3. In order to use the Portal it is necessary to have internet connection of at least 512 kB/s bandwidth. The Users get access to the Portal using:
- a computer with:
- operational system: MS Windows 7, Mac OS.10.X, or later versions
- mobile device (tablet, mobile phone, smart phone, palmtop) with:
- operational system Android 4.4, iOS 6.x, Windows Phone 8.x or their later versions,
- internet browser Chrome, Mozilla Firefox, Opera, Safari in versions which are compatible with the device
2.4. In order to use video Materials properly, it is necessary to have Adobe Flash Player in the current version or a later version.
2.5. The use of the Service through an internet browser can entail the necessity of incurring costs of internet connection charged by the service provider, in accordance with its price list.
2.7. The Service and its resources are protected under applicable laws of Poland, including the Act of 27 July 2001 on protection of databases (OJ No 128, item 1402, as amended) and the Act of 4 February 1994 on copyright and related rights (OJ of 2006, No 90, item 631, as amended).
2.8. It is voluntary to accept the Regulations but it is necessary in order to create an Account. The User is requested to get acquainted with the present Regulations and to accept them before setting up an Account.
2.9. Swan Payments ensures the following contact channels to everyone who uses the Portal:
- e-mail: McAdemy@swan-payments.com
- correspondence address: Swan Payments Sp. z o.o., ul. Bielawska 14A, postal code 05-520, Konstancin-Jeziorna, Poland
- 3. SWAN PAYMENTS SERVICES
3.1. Swan Payments provides electronic services through the Portal. These services consist in:
- setting up, maintaining and closing User Accounts;
- giving access to Materials, including fee-based Materials on the basis of the Contract;
- enables the Registered Users to carry out activities in the Portal, activities are listed in point 6 of the Rules;
- sending out of a newsletter.
3.2. Services referred to in point 3.1 are provided free of charge for an indefinite period, except for providing access to fee-based Materials under the Contract, which are provided for a defined period of time.
3.3. All services provided for an indefinite period may be terminated by the User at any time and for any reason by sending notice to Swan Payments to the addresses indicated in point 2.9 Regulations.
3.4. In cases where the termination of the services referred to in point 3.1 (a) occurs before the end of the period of provision of services consisting in providing access to fee-based Materials, the notice period shall start at the date of termination of services of providing access to fee-based Materials.
- 4. USING MATERIALS
4.1. In the Portal Swan Payment provides Materials which are not registered on a physical carrier. The way to provide access to Materials depends on the type of the Material and may consist in giving a possibility to read it, play it, listen to it, without the right to copy, record or resale, i.e. all reading, playing of the materials or listening to them occur on-line in the streaming technology without copying it onto the local device.
4.2. The use of free Materials does not require registration, except for the free Materials for which the obligation of registration was imposed.
4.3. The use of fee-based Materials is reserved only for Registered Users.
4.4. A Registered User obtains access to fee-based Materials by concluding a contact with Swan Payments. The contract is concluded electronically, by selecting a fee-based Material and making a payment to access it. The Registered User is informed about the obligation to make the payment when finalizing the order by means of the button 'ORDER and PAY'.
4.5. Swan Payments sends immediately a confirmation of the conclusion of the Contract to the Registered User by e-mail, upon its receipt by the Registered User the Contract is concluded.
4.6. The prices of particular materials are listed next to the Material and are gross amounts, i.e.. include taxes. The prices are in EUROs.
4.7. Payments for materials are made using a card or through a payment service, to which the Registered User will be redirected after the confirmation of the order. The use of the payment service is in accordance with the rules of that site. If payment is not made within 14 days from the date of the Contract, it is considered that the order was cancelled by the Registered User.
4.8. The Material is made accessible to the Registered User upon completion of the payment, and then after selecting 'GO TO PRODUCT' or 'READ MORE'. Selecting the button means that the Registered User agrees that the service is provided in full and entails all consequences described in point 8.2 of the Regulations.
4.9. Restrictions on the number of times the fee-based Material can be viewed, read or used or limitations on the duration of viewing, reading or using of a particular fee-based Material are indicated next to a given material. Users are informed of the above before using the fee-based Material. If the Material is made accessible for a certain time, time of access is counted from the moment the Material is first played, read or used it in a different way. The time remaining until expiration of access is visible in the user's panel 'MY ACCOUNT' every time the User logs into the account. The remaining number of times the User can read, play or use the Materials in another way is also visible every time the User logs into the account.
4.10. The Registered User may use the Materials only on one device at a time. Access to fee-based Materials is given only to one Registered User.
- 5. REGISTRATION RULES
5.1. The purpose of registration is for the user to set up an Account; the registration allows the use of fee-based Materials and a part of free Materials, for which registration is required. Registration is done by correctly filling the registration form which is on the website www.Swan-McAdemy.com.
5.2. The User is obliged to enter the name of the User of the Account, e-mail address and the password.
5.3. After the User filled the registration form, Swam Payment shall confirm Registration in the Portal in a message sent to the e-mail address stated by the User. As a result of a successful registration Swan Payments shall create a User Account attributed to the e-mail address stated in the registration form. The user gains access to the Account after entering their e-mail address and password in the Portal (logging in).
5.4. User can have only one Account. User can not use the Accounts of other Users or share account data with others. User should keep the Account password secret. Accounts can not be transferred to other persons.
5.5. The User may at any time request closing of the Account in the Portal and send this request to the addresses indicated in point. 2.9 of the Regulations. The provisions of point 3.4 of the Regulations apply to closing of the Account. Removal of the Account does not change the obligations of the User with regard to Swan Payments arising prior to filing the request the closing of the Account.
5.6. Swan Payments reserves the right to temporarily block access to the Account or to all or selected Materials in case of danger to the security of the Account or the Portal. Swan Payments may make the change of the password a necessary condition for the further use of the Account.
5.7. Registration or use of the Account does not involve the obligation to pay any fees.
5.8. During the Registration the User shall be also asked to consent to the receiving a newsletter of the Portal which contains information about the current offer the Portal. It is optional to consent to the receiving of the newsletter and it is not a condition to use the services of the Portal. At any time after the registration the User may sing up to receive the newsletter or withdraw the consent for it.
- 6. USER'S ACTIVITY IN THE PORTAL
6.1. In the Portal the Registered User may participate in voting, polls, post comments, ask questions to the speakers, upload photos, texts, graphics or photographic content.
6.2. By introducing texts, graphics or photographic content the User declares that they have the rights or consents required by applicable laws to release that contents to the public via the Portal, and that they do not infringe any third party rights.
6.3. By introducing texts, graphics or photographic content to the Portal the User grants Swan Payments royalty-free, non-exclusive, unrestricted in time and territory, copyright license and related rights to the contents in the following fields of use:
- recording and reproduction by means of any technique;
- introducing into commercial use, storing on computer memory, computer networks and databases;
- performing in public, displaying, playing and sharing in such a way that everyone can have access to them at any time and place;
- lending or leasing;
- using it to promote the Portal or the services of Swan Payments.
6.4. The Users consents that Swan Payments transfers the license or grants a further license for the whole or a part of the contents.
6.5. The contents posted on the Portal by the Registered User may be subject to moderation by Swan Payments. The User authorizes Swan Payments to edit, process, shorten the contents posted in the Portal, as well as to combine them with other contents.
6.6. Users are obliged to comply with the rules of using the Portal described in the Regulations, and also not to take action to the detriment of Swan Payments or other users. It is forbidden to provide illegal contents. It is unacceptable to post contents that are not compliant with legal regulations in force, with social norms, habits and moral norms, which serve commercial, advertising or promotional purposes, to send spam, or unsolicited commercial information, contents offensive to the dignity of others or infringing personal rights of others, use of personal data of other Users for purposes not related with the operation of the Portal.
6.7. Registered User may choose to disclose their Account name to other Users. Other personal data of the User, especially e-mail address and password to the User Account are not subject to disclosure.
- 7. COMPLAINTS
7.1. The User has the right to file a complaint for an improper performance of the services provided by Swan Payments thought the Portal, in particular concerning irregularities relating to the access to the Materials.
7.2. Complaints can be submitted to the addresses indicated in point 2.9 of the Regulations.
7.3. It is recommended - in order to facilitate and speed up the consideration of the complaint - to include the following data in the description of the complaint: information and facts on the subject of the complaint, request of the User in relation with the complaint and User's contact details.
7.4. The complaints will be resolved by Swan Payments within 14 working days from the date of receipt. If the data or information provided in the complaint are insufficient to resolve the complaint since they need to be completed, Swan Payments shall ask the User to complete them. Time limit for resolution of the complaint starts on the date when data are completed.
- 8. WITHDRAWAL FROM THE CONTRACT
8.1. The Registered User is entitled to withdraw from the Contract at any time prior to making payment; after the date of payment - within 14 days from the date of conclusion of the Contract only provided that the Registered User did not read, nor played the fee-based Materials nor started using them in another way.
8.2. Reading of fee-based Materials, playing them or starting to use them in another way by the Registered User means the User agrees that Swan Payments start providing services to the User, at the same time the User loses the right to withdraw from the Contract. The Registered User is informed about the consequences of reading or, playing the fee-based Materials or starting to use them in another way, before they are made available to be read, played or used.
8.3. In case of withdrawal from the Contract, the Contract shall be null and void. After the withdrawal from the Contract it is impossible to read, download or start otherwise use of the fee-based Materials.
8.4. Withdrawal from the Contract shall be done by submitting a declaration of withdrawal. The declaration can be sent to the addresses indicated in point2.9 of the Regulations. In order to withdraw from the Contract the Registered User can use a form template in the Annex 1 of the Regulations, which is not obligatory.
8.5. In order to comply with the withdrawal period it is sufficient to send the declaration before expiry of the withdrawal period.
8.6. Swan Payments shall send the Registered User by e-mail an acknowledgement of receipt of the declaration of withdrawal from the Contract.
8.7. Swan Payments must immediately, not later than 14 days from the date of receipt of the Registered User's declaration of withdrawing from the Contract, return all payments made by the the Registered User to Swan Payments.
8.8. Swan Payments shall return the payments using the same payment method, which was used by the Registered User, unless the Registered User expressly agreed to a different way of repayment, which does not generate any costs for them.
- 9. LIABILITY
9.1. The scope of liability of Swan Payments is limited to services provided within the Portal.
9.2. Swan Payments provides materials free from physical and legal defects. Swan Payments is not liable for the usefulness or suitability of materials to the objectives set by the User.
9.3. Swan Payments does not give the Users any warranty for the period after the provision of services through the Portal ended.
9.4. In the case of interruptions in the access to the Portal resulting from causes attributable to Swan Payments, Swan Payments extends access to fee-based Materials by as much time as the access was impossible. The access is extended after the User Registered submitted information about the break in access to the Portal in the way described in point 7 of the Regulations. Swan Payments is not liable in particular for the lack of internet access in wireless networks, or for insufficient bandwidth of the internet.
9.5. The website www.Swan-McAdemy.com includes links to other websites. Redirecting the User to these pages does not imply appropriation of any rights to such websites or content published there by Swan Payments. The entities managing these websites are liable for the contents posted on them.
- 10. PROCESSING OF DATA
10.1. In order to ensure the proper performance of services by Swan Payments the User is asked to provide personal data during the Registration. Providing of personal data is voluntary, but the lack of consent to enter the e-mail address and other data specified in the Registration exclude the possibility of using the services of the Portal consisting in setting up of an Account and accessing fee-based and free Materials, for which Registration is obligatory.
10.2. Swan Payments is the administrator of personal data. Swan Payments makes every effort to protect the Users' privacy. As the administrator of personal data Swan Payments shall take the necessary technical and organizational measures to ensure the protection of the processed data.
10.3. Users of the Portal agree to the processing of their personal data by Swan Payments for the purposes of providing services specified in the Regulations pursuant to the Act of 18 July 2002 on electronic services (Official Journal no 144, item 1204, as amended) and the Act of 29 August 1997 on the protection of personal data (Official Journal of 2002 no 101, item 926).
10.4. The personal data provided by the User are used to verify whether the User meets the conditions of the Regulations, to contact them, establish, execute, amend or terminate the Contract, as well as to make settlements of the services. Personal data are also used to transfer information about the current offer the Service if the consent to sending of a newsletter was given.
10.5. The User has the right to access their own data, change or correct them, as well as the right to file deletion requests.
- 11. FINAL PROVISIONS
11.1. The present Regulations enter into force on 29 September 2016.
11.2. The Regulations of the Portal are available at www.Swan-McAdemy.com in a way that enables downloading, printing and storing of them.
11.3. Swan Payments has the right to change the Regulations due to the changes in the organization, type, conditions, functionality and scope of the services provided by Swan Payments which influence the provisions of the Regulations of due to technical, technological, information technology changes or amendments to the existing law. The Users shall be informed about the proposed changes to the Regulations and the date of their entry into force through the websitewww.Swan-McAdemy.com, and the Registered Users - also by e-mails not later than 14 days before the proposed change enters into force.
11.4. Amendments to the Regulations with regard to the services for an indefinite period are binding for the User, unless the User terminates the Contract for the provision of these services within 14 days from the date the proposed changes were made available to them. Services for a specified period which started before the date of entry into force of the changes to the Regulations are provided under the unchanged rules until the end of their duration.
11.5. A User who is a consumer can use extra-judicial means of dealing with complaints and redress. In particular, the User may address the Permanent Consumer Arbitration Court, the provincial inspector of Trade Inspection, commune or city consumer advocate, and social organization to which have consumer protection in their statutory tasks. Rules concerning access to the procedures of arbitration of the dispute are available in the premises of the designated institutions and organizations and on their websites. Detailed information and advice as well as addresses of institutions and organisations may be obtained at the website of Office of Competition and Consumer Protection at https://uokik.gov.pl/konsumenci.php.
11.6. Swan Payments also informs that at http://ec.europa.eu/consumers/odr/ there is an internet ODR platform of the European Union available for the extra-judicial settlement of disputes through electronic channels.
11.7. In matters not regulated by these Regulations, the regulations in force shall apply.
Annex no 11)
to the Regulations of using the Portal www.Swan-McAdemy.com
TEMPLATE FORM OF THE WITHDRAWAL FROM THE CONTRACT
(the form is to be filled in and sent only if you wish to withdraw from the Contract)
Swan Payments Sp. z o.o.
ul. Bielawska 14A
Declaration of withdrawal from the Contract
I, the undersigned hereby give notice of my withdrawal from the contract for the use of material posted on the Portal www.Swan-McAdemy.com:
- Name of the Material……………………………………..
- Date of concluding contract……………………………….
Name and surname ....................................................................
Correspondence address ……………………………………
E-mail address ………………………………………………..
1) Template prepared on the basis of Annex 2 to the Act of 30 May 2014 on consumer rights (OJ 2014.827)