TERMS AND CONDITIONS OF USE OF THE E-LEARNING PLATFORM
§ 1. General Provisions and Definitions
These Terms and Conditions govern the use of the e-learning platform available at https://safetyservice.bhpsoft.pl/pl, hereinafter referred to as the “Platform”.
Services through the Platform are provided by SAFETY Service Sp. z o.o., with its registered office in Kraków at ul. Przykopy 5/2, 30-612 Kraków, Tax Identification Number (NIP): 6762459556, National Business Registry Number (REGON): 122693543, entered in the Register of Entrepreneurs of the National Court Register (KRS) under number 0000439115, maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, with a share capital of PLN 5,000.00, hereinafter referred to as the “Service Provider”.
The Service Provider may be contacted:
a) by email: biuro@safety-service.pl;
b) by telephone: +48 530 55 44 99.
The following definitions apply in these Terms and Conditions:
a) User — a natural person who holds an Account and uses the Platform;
b) Customer — a natural person, legal person or organisational entity with legal capacity that orders training outside the Platform, in particular an employer ordering training for employees;
c) Account — an individual User profile enabling access to the training courses made available to that User;
d) Training Course — periodic occupational health and safety training delivered using the Platform;
e) Platform Administrator — a person authorised by the Service Provider to administer the Platform, including creating Accounts and granting access;
f) Terms and Conditions — this document.
The Customer and the User may be different persons. Training ordered by an employer does not create any obligation on the employee to pay for that training.
These Terms and Conditions are made available free of charge before the agreement for the use of the Account is concluded, in a format that allows them to be saved and reproduced.
§ 2. Scope of Services and Ordering Training
The Platform provides access to periodic occupational health and safety training intended for:
a) employers and other persons managing employees;
b) employees in administrative and office positions;
c) employees in engineering and technical positions.
The services provided through the Platform include maintaining an Account, providing access to assigned training materials and enabling knowledge assessment through a final examination.
Training is ordered, and the price, payment arrangements and terms of delivery are agreed, outside the Platform through direct contact between the Customer and the Service Provider.
Creating an Account does not constitute an order for paid training or give rise to an obligation to pay.
No separate fee is charged for maintaining an Account. The training fee is agreed with the Customer.
The date on which access to the Training Course will be granted is agreed when the order is accepted and communicated to the Customer before the agreement is concluded.
These Terms and Conditions govern the use of the Platform. They do not replace the terms of the order or the information that must be provided to the Customer before the training agreement is concluded.
§ 3. Technical Requirements and Security
Use of the Platform requires:
a) a device with Internet access;
b) an up-to-date web browser supporting the Platform’s functions;
c) an active email address;
d) the ability to open PDF files, where materials are provided in that format.
If a particular Training Course requires additional software or equipment, the Service Provider will provide this information before the agreement for that Training Course is concluded.
The User should use up-to-date software, protect their login credentials and log out after using devices accessible to other persons.
Risks associated with the use of electronic services include, in particular, attempts to obtain login credentials fraudulently and malicious software activity. Any suspected unauthorised access to an Account must be reported to the Service Provider immediately.
Providing unlawful content, infringing the rights of others or taking action that disrupts the operation of the Platform is prohibited.
§ 4. Account Creation and Granting Access
An Account may be created:
a) independently by a person wishing to use the Platform;
b) by the Platform Administrator following a prior request from the Customer or the prospective User.
When creating an Account, accurate information necessary to identify the participant and deliver the training must be provided. If the information changes or contains an error, it must be corrected, or a request for correction must be submitted to the Service Provider.
A Customer enrolling other persons in training should be authorised to provide their personal data to the Service Provider.
These Terms and Conditions are publicly available on the Platform’s website without the need to create an Account or log in, in a format that allows them to be read, saved and reproduced free of charge. By beginning to use the Account, the User accepts these Terms and Conditions and concludes an agreement for the provision of the Account service.
Where an Account is created by the Platform Administrator, the User accepts these Terms and Conditions upon beginning to use the Platform, in accordance with paragraph 4.
Access to ordered Training Courses is granted at the Customer’s request, in accordance with the accepted order. Information enabling the User to start the Training Course is sent to the designated email address.
The Account is personal to the User. The User must not share it with others or use another participant’s Account.
§ 5. Duration of Access to Training
Access to an assigned Training Course is granted for an indefinite period, with no predetermined expiry date.
Completing the Training Course and passing the examination does not automatically terminate access to the materials.
Indefinite access to the materials does not mean that the completed training remains valid indefinitely or that the User is exempt from completing further training required by law.
Access to one Training Course does not automatically include subsequent periodic Training Courses.
The Service Provider will not shorten the granted access period by unilaterally amending these Terms and Conditions.
§ 6. Participation, Examination and Completion of Training
The User must undertake the Training Course personally, study the materials covered by the programme and take the examination independently.
The training programme is tailored to the group of job positions for which the Training Course is intended.
As part of guided self-study, the Service Provider provides opportunities to consult persons who meet the requirements applicable to instructors.
Each Training Course concludes with an examination assessing the knowledge covered by the programme and the skills required to perform or organise work in accordance with occupational health and safety regulations and principles.
The examination takes the form of a test on the Platform. The system automatically checks the answers and determines the test result.
Upon completion of the Training Course and successful completion of the examination, the organiser issues a certificate in accordance with applicable law.
Merely creating an Account, granting access or opening the materials does not constitute confirmation that the Training Course has been completed.
§ 7. Use of Materials
Materials made available on the Platform may be protected by copyright.
The User may use the materials for their own training and may download and print them where these options have been made available.
Without the permission of the rights holder, distributing, reselling or making the materials available to third parties is prohibited, except where permitted by law.
The provisions of this section do not restrict any use permitted under applicable copyright law.
§ 8. Platform Operation and Complaints
The Service Provider maintains the Platform in a condition that enables the services to be used in accordance with the agreement and takes steps to remedy faults.
The Service Provider will give advance notice of planned technical work that may restrict access to the Platform, specifying the expected period of unavailability.
In the event of a failure, the Service Provider will take steps to restore the operation of the Platform without undue delay.
Complaints concerning the Account, access, materials or the operation of the Platform may be submitted:
a) electronically to biuro@safety-service.pl.
To facilitate the handling of a complaint, it is recommended that the complaint include information identifying the Account, a description of the problem, the date on which it occurred and the desired resolution. Failure to submit a complaint in a particular form does not constitute grounds for refusing to consider it.
The Service Provider will respond to a complaint within 14 days of receiving it, on paper or another durable medium, in particular by email.
These Terms and Conditions do not exclude or limit the Service Provider’s liability under mandatory provisions of law, including rights relating to the failure to supply digital content or digital services, or their lack of conformity with the agreement, where such provisions apply.
§ 9. Account Termination and Restrictions on Access
The User may terminate the Account service agreement at any time by sending a notice to biuro@safety-service.pl.
The Account service agreement terminates when the Service Provider receives the notice or on a later date specified by the User.
Before acting on a request concerning an Account, the Service Provider may verify the requester’s identity to the extent necessary to prevent unauthorised deletion of the Account.
Deleting an Account results in the loss of access to the Training Courses assigned to it. It does not automatically constitute withdrawal from a separate training agreement or a waiver of claims arising from that agreement.
If the User breaches these Terms and Conditions, the Service Provider will request that the User cease the breach, specifying the reason for the request and an appropriate period of at least 7 days to remedy the breach.
Where necessary to prevent an immediate threat to the security of the Platform or data, the Service Provider may temporarily restrict access to the Account without prior notice. The User will be informed of the reason for and scope of the restriction without undue delay.
Any restriction on access should be proportionate to the breach and remain in place only for as long as necessary to clarify the situation or eliminate the threat.
In the event of serious or repeated breaches that continue despite a request to cease them, the Service Provider may terminate the Account service agreement, stating the reasons. The User may submit a complaint in accordance with § 8.
Deleting an Account does not entail the deletion of records that the Service Provider is required, or otherwise lawfully entitled, to retain.
§ 10. Personal Data Protection
Information on the processing of personal data in connection with the use of the Platform is provided in the Privacy Policy and the relevant privacy notices.
The Privacy Policy is available at https://safetyservice.bhpsoft.pl/pl/polityka-prywatnosci.
This information includes, in particular, the purposes and legal bases for processing, data recipients, retention periods and the rights of data subjects.
Where the User’s data is provided by an employer or another Customer, the User will also receive the required information concerning the collection of data from that source.
Acceptance of these Terms and Conditions does not constitute consent to the processing of data for marketing purposes.
The rules governing the use of cookies and similar technologies are set out in the information made available on the Platform. Where their use requires consent, such consent is obtained separately.
§ 11. Rights of Customers Entitled to Consumer Protection
These Terms and Conditions do not restrict the rights of consumers or natural persons conducting business activities who are entitled by law to consumer protection in relation to the agreement concerned.
Where a training agreement concluded outside the Platform is a distance or off-premises contract, the Service Provider will provide the required pre-contractual information, including information on the right of withdrawal or the circumstances in which that right is excluded, and the required confirmation of the conclusion of the agreement.
Merely creating an Account, granting access or accepting these Terms and Conditions does not result in the loss of the statutory right of withdrawal.
Declarations concerning the commencement of performance before the withdrawal period expires are obtained separately where required by the law applicable to the agreement concerned.
Consumers may seek assistance from the relevant consumer ombudsman and use available out-of-court dispute resolution procedures. Information is available at https://polubowne.uokik.gov.pl.
§ 12. Amendments to the Terms and Conditions and Final Provisions
These Terms and Conditions may be amended for the following reasons:
a) changes in legislation affecting the provision of services;
b) changes to the Platform’s functionality or technical solutions;
c) the need to introduce changes for security purposes;
d) changes to the Service Provider’s identification or contact details.
The scope of any amendment should correspond to the reason for its introduction.
The Service Provider will notify Users by email of any amendment to these Terms and Conditions at least 14 days before its proposed effective date, providing the wording of the amendments, the reasons for them and their effective date.
Amendments will not prejudice acquired rights, in particular the right to indefinite access to assigned Training Courses, and will not introduce additional fees without a separate agreement.
Where an amendment requires the User’s consent, failure to respond does not constitute consent. The User may terminate the Account service agreement in accordance with § 9.
Matters not governed by these Terms and Conditions are subject to the relevant provisions of Polish law, without prejudice to the mandatory protection afforded to consumers.
These Terms and Conditions take effect on 2 January 2025.
