Terms and Conditions

of EBstars Academy

§ 1. General provisions 

1. These Terms and Conditions (“Terms”) set forth the rules for using an online platform under the title EBstars Academy, described in these Terms, as well as the types, scope and conditions for the electronic provision of services by Controller.
2. Insofar as they are used in the Terms herein, the following terms shall be understood as follows:

1) Organizer (Organizer of the EBstars Academy) – Employer Branding Institute Ltd. with headquarters at ul. Domaniewska 47/10 in Warsaw, National Court Register (KRS) 0000408919 e-mail: hello@employerbrandingstars.com, website: https://www.ebinstitute.com

2)  Controller – Employer Branding Institute Ltd. with headquarters at ul. Domaniewska 47/10 in Warsaw, National Court Register (KRS) 0000408919 e-mail: hello@employerbrandingstars.com, website: https://www.ebinstitute.com

3)  Ordering Party – a natural person performing Registration for Platform usage via the form provided by Organizer;

4)  Platform – EBstars Academy or any other EBstars satellite event, to take place in a venue and time determined by Organizer;

5)  EBstars Academy – online platform and satellite events providing different forms of educational materials and events organized by the Organizer;

7)  Host – online platform used to deliver events connected where Participants can interact and connect with each other.

8)  Registration – the process of registering for access to the Platform by the Ordering Party via the registration form accessible on the Platform’s webpage, with the intention of receiving Confirmation of Participation in the EBstars Academy; The Participant becomes a part of community of the EBstars, which consists of corporates and SME representants after finishing the Registration.

9) Confirmation of Participation – a message sent via e-mail by the Organizer of the EBstars Academy in response to a submission made as part of Registration;

10) Portal – the official webpage of the EBstars Academy, intended to promote the Platform and to facilitate the Registration of participants, purchase of the membership and other services described in these Terms;

11) Participant – a person who has completed Registration and received Confirmation of Participation from the Organizer. Speakers, Partners and all other people publishing on the Platdorm as spectators are also Participants;

12) User of the Portal (User) – a person accessing the Portal and its functions, including the Ordering Party and Participants;

13)  Partner – a natural or legal person who has concluded separate agreements with the Organizer concerning participation in the EBstars Academy; Partners of the EBstars Academy may be patrons, co-Organizer, media, representatives of the advertising, marketing or other industry, associated directly or indirectly with the subject of the EBstars Academy;

14) Sponsor – a natural or legal person having concluded separate agreements with the Organizer related to the transfer of money to the Organizer in order to support the organization of the EBstars Academy and for self- promotional purposes;

15)  Services – services provided electronically as defined in the Electronic Services Provision Act of 18 July 2002 (OJ L 2013, item 1422), offered to Users by the Portal, in particular:

1. a) Registration of participation in the Conference and Conference itself if provided via electronic means of communication;
2. b) Newsletter – a service consisting in the Organizer delivering information about the EBstars Academy and the services offered by the Organizer;
3. c)  purchase membership and by making payment via one of the means described in section § 3. Payment of these Terms;
4. d)  any other service provided by Organizer via Portal or any other means of electronic communication;

§ 2. Submission of intent to participate in the EBstars Academy

1. Performing Registration is equivalent to submission of a declaration of will to conclude a contract with the Organizer on getting access to the Portal , pursuant to these Terms. Performing Registration also indicates acceptance of the provisions of these Terms and of the rules for participation in the EBstars Academy; the obligation to submit payment for participation in the Conference is also incurred upon Registration in accordance with § 3. of these Terms.
2. The Ordering Party shall undertake to complete the registration form with proper and correct information.
3. The Organizer disclaim all liability arising out of incorrect information entered into the registration form by the Ordering Party.
4. The Organizer shall forward Confirmation of Participation to the Ordering Party as soon as possible.
5. Upon receiving Confirmation of Participation, the Ordering Party becomes a Participant in the Conference. Acquiring the status of Participant is dependent upon transferring payment for participation in the Conference pursuant to the provisions of § 3. of these Terms.
6. The Organizer reserves the right to refuse to allow the Ordering Party to participate in the EBstars Academy without providing an explanation. The Organizer is under no obligation to forward information about refusal of Confirmation of Participation in the EBstars Academy to Ordering Parties who do not qualify for participation in the EBstars Academy.
7. In the event an Ordering Party does not qualify to participate in the EBstars Academy, the Organizer shall refund without delay the payment for participation in the EBstars Academy.
8. The Organizer reserves the right to publish the names of enterprises and of people participating in the EBstars Academy.

§ 3. Payment 

1. The Ordering Party shall be obliged to submit payment for participation in the EBstars Academy by purchasing a membership or a product or Service, pursuant to the prices provided on the Portal or any other ways of offering.
2. Timely payment of the cost of participation in the EBstars Academy is a condition of receiving Confirmation of Participation.
3. Payment for participation in the EBstars Academy should be submitted not later than the day on which Ordering Part gets the access to the Portal; the Organizer reserves the right to close Registration when all of the available products or Services have been sold.
4. Upon receipt of payment the Organizer shall issue an invoice. The invoice shall be issued within 10 (ten) days of receipt of payment by the Organizer.
5. Payment for participation in the EBstars Academy may be made at the webpage www.ebstarsacademy.com, using the payment methods determined by Organizer.
6. The Organizer shall bear no liability for the proper service of payment, especially by the following operators: PayPal (Europe) S.à r.l. et Cie, S.C.A.; Stripe, Inc. San Francisco, California; Straal Sp. z o.o., Warsaw and by the issuers and acceptors of credit cards.
7. The Ordering Party provides information enabling its identification and the identification of the EBstars Academy in order to complete the payment for participation in the EBstars Academy or other Services. When performing Registration, the Ordering Party shall also undertake to provide information for the invoice.
8. The Participant is obliged to bear Confirmation of Participation, and if any doubt arises to present it to the EBstars Academy team.

§ 4. Newsletter and additional services

1. The User may give Controller consent to receive the Newsletter or to be contacted by Organizer with additional offers such as participation in surveys, brands audits or additional activities by providing a current e-mail address during the Ordering Process on the Portal.
2. A contract for the provision of a service consisting in the delivery of the Newsletter is concluded at the moment the User confirms his desire to receive the Newsletter by clicking the activation link sent by Controller to the e-mail address supplied by the User.
3. The Newsletter service requires that the User acknowledges the Privacy Policy.
4. The content and distribution date of the Newsletter is at the discretion of Controller.
5. The User of the Portal may cancel delivery of the Newsletter at any time by clicking on the withdrawal link located in every e-mail message containing the Newsletter and forwarded to the User, or by directly requesting Controller to refrain from forwarding him further editions of the Newsletter.

§ 6. Particular provisions regarding agreements with consumers 

1. Recording, securing, provision of access and confirmation of the content of the contract concluded with the Organizer for participation in the Conference on behalf of a Participant who is also a consumer shall be performed via forwarding to the Participant an e-mail message containing confirmation of the conclusion of a distance contract pursuant to the Consumer Rights Act of 30 May 2014 (OJ L 2014, item 827).
2. A ticket entitling the holder to participation in the Conference is forwarded in electronic form via email submitted by Participant.
3. Pursuant to Art. 38 (12) of the Consumer Rights Act of 30 May 2014, a Participant who is a consumer does not have the right to withdraw from the distance contract concluded with the Organizer.
4. In the event a Participant who is a consumer files a complaint in respect of the quality of the services offered by the Organizer and the Organizer dismisses the claim, the Participant may then make use of extrajudicial means of reviewing the complaint and pursuing claims.
5. Extrajudicial means of reviewing complaints and pursuing claims are, inter alia:
   1. 1)  proceedings before the permanent consumer tribunal at the Trading Standards Authority;
   2. 2)  an application for the initiation of mediation proceedings submitted to the provincial inspector of the Trade Standards Authority;
   3. 3)  intervention of the county (municipal) consumer ombudsman or a non- governmental organization whose statutory tasks include consumer protection;
   4. 4)  settling of disputes by means of Online Dispute Resolution by entities conducting ODR.
6. Detailed information concerning possibilities for the use of extrajudicial complaint review and pursuit of claims, as well as the rules governing access to such procedures, are available in the offices and on the webpages of county (municipal) ombudsmen, non-governmental organizational whose statutory tasks include consumer protection, and the Provincial Inspectors of the Trade Standards Authority.
7. The provisions of these Terms regarding consumer rights shall apply appropriately to natural persons conducting an individual entrepreneurship and concluding an agreement with the Organizer directly unrelated to its economic activity, when the content of this agreement shows that it does not have a professional character, resulting in particular from the subject of the economic activity performed by natural person, that is leaked on the basis of the provisions of the Central Register and Information on Economic Activity.
8. The Organizer stipulates that it is not permissible for the Participant to act under one agreement as a natural person performing a legal action with the Organizer directly related to its business or professional activity and as a natural person who performs a legal action unrelated to its business or professional activity, benefiting the consumer’s rights (hereinafter referred to as “mixed purchase”). It is possible only to make separate purchases with a professional nature and with not having this character, but under separate Accounts.

§ 7. Withdrawal of participation in the Conference 

1. In the event of withdrawal from participation in the Conference, the Participant is not entitled to a refund of the registration fee.
2. The Participant may transfer the rights acquired upon purchase of the ticket to another entity. In order to conclude formalities related to such a transfer, it is necessary to contact the Organizer at the following e-mail address: hello@employerbrandingstars.com

§ 8. Additional information about services provided electronically 

1. Controller warrants that the IT system will function in such a manner as to allow every User of the Portal to cease using the Service without incurring charges at any time.
2. Controller warrants that the IT system will function in such a manner as to prevent access by unauthorized persons to the content of the transmissions constituting the Service, in particular with the use of encryption.
3. Controller shall ensure the explicit identification of the parties to the service provided electronically, as well as confirmation that the User has commenced using the Services described in § 1(2)(14) of these Terms.
4. Controller states that the use of electronically provided services is associated with risk. Potential threats associated with the use of such services, as well as means and steps which can minimize them, are described in the Appendix to these Terms.
5. Current information about the functions and the objective of software and data which does not constitute a component of the content of Services and is introduced into the IT system used by the User (cookies) can be found in the Privacy Policy.
6. In order to use the Services, the User of the Portal should fulfil the following technical requirements necessary to access Services:

1)  web browser with latest updates;

2)  an e-mail account.

7. Controller does not warrant the proper functioning of the Services on mobile devices.
8. According to the Regulation (EU) No 524/2013 of The European Parliament And of The Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), The Participant has the right to settle the dispute concerning contractual obligations stemming from online service contracts between the Participant and the Organizer through the ODR platform without the necessity of bringing a case to court. Platform referred to above is located on the website https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.

§ 9. Duties of Participants 

1. Submitting notification of participation in the Conference or the purchase of a ticket to the Conference constitutes acceptance of Terms & Conditions. Participants are obliged to familiarize with these Terms & Conditions.
2. During the Conference the Organizer may take photographies and video recordings.
3. The Organizer shall not bear any liability for damage for which Participants are at fault during the Conference.

§ 10. Changes and cancellation of the Conference 

1. The Organizer reserves the right to make changes to the Conference and other Services. In particular, these changes may concern: the dates of the Conference, its duration, the Conference programme and Conference packages for Participants.
2. The Organizer reserves the right to cancel the Conference at any time, without giving any cause.
3. In the event of the occurrence of the circumstances described in (1) or (2) above, the Organizer shall publish the relevant information on the Portal and shall inform Participants via e-mail, text message (SMS) or by telephone at the number supplied by the participant in the registration form.
4. The Organizer shall not reimburse lost profits nor any other costs incurred by the Participant in conjunction with the changes referred to in (1) and (2) above.
5. The Organizer shall refund registration fees to Participants within 14 (fourteen) days of the date on which the decision is taken to cancel the Conference and Participants are informed of such.

§ 11. Duties of Controller 

1. Controller shall engage in all reasonable efforts to ensure the uninterrupted operation of the Portal, however, Controller shall bear no liability for disruptions in the functioning of the Portal caused by malfunction, force majeure or unauthorized interference of Users.
2. In special cases involving the security or stability of the IT system, Controller has the right to temporarily cease or restrict the provision of electronic services without advance notice given to users of the Portal. In particular Controller may conduct maintenance work intended to restore the security and stability of the IT system. The User of the Portal shall not be entitled to any claims in conjunction with the temporary or permanent cessation of the provision of electronic services by Controller.
3. Controller also has the right to cease providing electronic services at any time if a justified demand to do so is made by an internet service provider or another authorized entity. Without prejudice to the relevant legal regulations and these Terms, Controller shall not bear liability for losses resulting from the faulty operation of a transmission system, including for equipment failures, delays and disruptions in the transfer of information.
4. Controller shall not bear liability for the content of webpages accessed via links placed on the Portal. Controller declares that he has no influence over the content of such webpages, nor does he undertake to verify it.

§ 12. Personal Data Protection 

1. Controller is a controller of personal data processed in regard to organisation of Conference and providing the Services in the meaning of the General Data Protection Regulation.
2. Particular rules concerning the collection and processing of personal data of Users of the Portal, including of Ordering Parties and Participators in the Conference, are set forth in the Privacy Policy.

§ 13. Complaints 

1. The User of the Portal has the right to submit complaints regarding the Services provided by the Organizer.
2. A complaint regarding Services may be submitted by e- mail sent to hello@employerbrandingstars.com. In order to hasten the process of reviewing complaints, the complaint submission should contain a short justification of the complaint and contact information to the person submitting the complaint, including name and surname, telephone number, and physical or address e-mail address.
3. Controller shall undertake to review complaints on the Services as quickly as possible, not later than within 14 days, and shall forward a response in writing or to the e-mail address provided in the complaint submission.
4. All complaints concerning the Conference should be addressed to the Organizer in writing via registered letter to the address of the Organizer’s seat, or via e-mail to hello@employerbrandingstars.com not later than 7 (seven) days after completion of the conference.
5. The Organizer shall undertake to review complaints on the Conference as quickly as possible, not later than within 30 (thirty) days, and shall forward a response in writing or to the e-mail address provided in the complaint submission.

§ 14. Final provisions 

1. Controller reserves the right to introduce changes to the content of these Terms. Controller shall inform of all changes to these Terms seven days in advance on the main page of the Portal.
2. Users who do not accept the changed provisions of these Terms should cease to use the Portal and the Services provided by it.
3. These Terms and Conditions shall be in effect from 24th of May 2022.

Appendix to the Terms and Conditions 

Information about particular threats associated with the use of services provided electronically 

In performance of the duty placed on him by Art. 6(1) of the Electronic Services Provision Act of 18 July 2002 (OJ L No. 144, item 1204 with amendments), Controller hereby informs of the particular threats associated with the use of services provided electronically.

This information concerns threats which may arise only potentially, but which should be taken into consideration regardless of the measures taken by Controller to protect Controller’s infrastructure from the unauthorized activity of third parties.

Among the primary threats associated with using the Internet are:

• −  malware – various applications or scripts of a damaging, criminal or malicious impact on the IT system of an internet user, such as viruses, worms, Trojans, key loggers, dialers;
• −  spyware – software which tracks the activities of a user, which collects information about a user, and sends it – generally without the user’s knowledge or consent – to the author of the software;
• −  spam – unwanted and unordered electronic correspondence sent to many recipients simultaneously, often containing commercial messages;
• −  phishing – fraudulently obtaining personal information (e.g. passwords) by pretending to represent a trustworthy person or institution;
• −  breaking into IT systems by the use of such tools as exploit and rootkit.

In order to avoid the aforementioned threats, a user should equip his computer and other electronic devices used to connect to the internet with anti-virus software. This software should be maintained on an ongoing basis.

Users of services provided electronically may also protect themselves from associated threats by:

• −  employing a firewall,
• −  updating all software,
• −  not opening e-mail attachments from an unknown source,
• −  carefully reading the installation notices of software, including licenses,
• −  disabling macros in MS Office files from unknown sources,
• −  regularly running system scans with anti-virus and anti-malware software,
• −  encrypting data transmissions,
• −  installation of protective software (detection and prevention of unauthorized access),
• −  using original systems and software from legal sources.