TERMS AND CONDITIONS OF THE TYPE2SELL.CA WEBSITE

I. GENERAL PROVISIONS

  • These Regulations define the general conditions, rules and manner of providing Services electronically, through the type2sell.ca website (hereinafter referred to as: “the Website”) by Michal Zoladkowski conducting business activity under the name

    Type2Sell LTD

    301-1220 Kensington Road NW
    T2N 3P5 Calgary, Alberta

  • Contact with the Service Provider is made via:

  • These Regulations are made available by the Service Provider on the type2sell.ca website continuously and free of charge, in a manner that allows the Users to obtain, reproduce and record its content by printing or saving it on a carrier at any time by means of a computer system used by the Service Recipient.​​ 

  • All rights to the Website, including proprietary copyrights, intellectual property rights to its name, Internet domain, Website, as well as to the forms, logotypes belong to the Service Provider, and the use of them may take place only in the manner specified in and being in accordance with the Regulations.

  • The Service Provider reserves the right to place advertising content concerning offered services, as well as goods and services of third parties on the Website, in forms used on the Internet. Taking advantage of such offers or services is not an element of the Website, and their terms are determined by the respective third parties.​​ 

  • These Regulations set out in particular the rules for the use of the Website, types and scope of Services, conditions for the provision of Services, conditions for conclusion and termination of agreements on the provision of Services and the procedure for complaints.

  • The Service Provider informs that the use of services provided electronically may be associated with a risk on the part of each user of the Internet, consisting of the possibility of introducing malicious software to the User’s computer system and obtaining and modifying its data by unauthorized persons. In order to avoid the risk of the aforementioned threats, the User should use proper technical means which will minimize their occurrence, and in particular anti-virus software and firewall. 

  • The rules of providing other Services within the Website, including paid Services, may be specified in additional regulations.

II. DEFINITIONS

The terms used in this document have the following meanings:

Website/Site​​ – the website available at type2sell.ca, owned and administered by the Service Provider, where Users may use the Services offered by the Service Provider;

User​​ – a natural person with at least limited legal capacity, a natural person running a business, a legal person or an organizational unit without legal personality, which may use the Services available on the Website;

Consumer -​​ a User who is a consumer within the meaning of Article 22[1] of the Civil Code;

Entrepreneur​​ – a User who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;

Services – services provided by the Service Provider to the Users electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);

Order -​​ the User’s declaration of will that aims directly at concluding a purchase agreement (hereinafter referred to as the​​ Agreement) of a selected Course according to the information presented on the Website;

Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);

Act on the provision of services by electronic means – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);

Civil Code – the act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended);

Regulations​​ – this document.​​ 

III. TERMS OF USE OF THE WEBSITE

  • Within the Website, the Service Provider enables Users to use the Services it provides, in particular to browse the information available on the Website, place an Order and use other Services available on the Website.

  • Use of the Service may take place only under the rules and in the scope specified in the Regulations.

  • Minimum technical requirements to use the Website and Services:

    • a device with internet access,

    • access to an e-mail​​ 

    • the latest version of an internet browser with Cookies and Java Script enabled,

    • a program to read and save PDF format files.

  • Users are prohibited from using the Site or Services in a manner that violates the law, morality, personal rights of third parties or legitimate interests of the Service Provider.

IV. THE SERVICES

  • The provision of the Services is subject to the terms and conditions set forth herein.

  • The Service Provider enables the following Services through the Website:

      • viewing information posted on the Website,​​ 

      • providing an interactive form allowing Users to place an order for a selected service.

  • Each User may view the content published on the Site, including in particular information on the activities of the Service Provider, the Courses prepared by him and other content presented on the Site.

  • The agreement for providing the Service consisting in browsing information on the Website is concluded for a definite period of time and terminates when the User closes the Website.

V. SERVICES PROVIDED BY THE SERVICE PROVIDER (MARKETING SERVICES)

    • The Service Provider may present on the Website pages illustrative information on prices and the scope of its services referred to in subsection V above, including, but not limited to, services of a marketing, advertising or other nature, as presented on the Website (hereinafter “Marketing Services”).​​ 

    • The information about Marketing Services presented on the Website, including in particular information about their nature, prices, rules of implementation are for reference and information purposes only.​​ 

    • The User interested in placing an order for Marketing Services referred to in this section, as well as in obtaining a quote for such service, shall contact the Service Provider by telephone or e-mail, at the Service Provider’s contact details provided on the Website, directing a request for proposal (hereinafter referred to as “Request for Proposal”) to the Service Provider.​​ 

    • When submitting a Request for Proposal to the Service Provider, the User indicates to the Service Provider, in particular, the type and scope of the Marketing Service in which he is interested.​​ 

    • Further arrangements relating to the Marketing Services, including any arrangements relating to the Service Provider’s offer, entering into an agreement to provide the Marketing Services and the terms thereof, are made between the parties outside of the Service and are not part of the Service.​​ 

    • The execution of marketing services takes place after the User sends a scan of the signed agreement concerning the execution of the order placed by the User, unless the parties agree otherwise and their arrangements are confirmed in writing (e.g. in e-mail communication).

    • In the case of express deliveries, the Service Provider retains the right to add +50% to the order value.​​ 

    • The quote sent to the User and each service following its acceptance includes the possibility of making three corrections, indicated to the Service Provider within 5 working days after the Service Provider sends the information about the completed order. Amendments do not include making changes that were not agreed upon between the parties.​​ 

    • If no corrections are submitted within the aforementioned period of 5 working days, Service Provider shall consider its implementation accepted by the User.​​ 

    • Each additional service or correction is charged extra according to the hourly rate: CAD 100.00 net per hour.

VI. USER’S RIGHTS AND OBLIGATIONS

  • Users are obliged to use the Website in a manner consistent with the law and good practice, with respect for personal rights and intellectual property rights of third parties.

  • The User is obliged to provide the Service Provider with factually correct data and to inform immediately about any changes to the data provided to the Service Provider, in particular changes to the data provided to perform the Service.

  • It is forbidden to provide content of an unlawful nature.

  • It is prohibited to copy or reproduce any part of the Site in whole or in part without the prior written consent of the Service Provider. The Service Provider may take steps, including litigation, to protect the interests of the Service Provider and the Users.

  • The User is obliged to promptly provide information and materials affecting the Service.

VII. CONFIDENTIALITY

  • The Service Provider and the User undertake to keep confidential the content of the Agreement and information obtained about the other party to the Agreement in connection with the performance of the Agreement and the implementation of the Website Services, also for 2 years after their completion.​​ 

  • From the obligation referred to in sub. the Service Provider or the Service Recipient is exempted from the obligation under paragraph 1 above only by a written consent of the other party to the Agreement, a request for disclosure of information coming from authorized authorities and governmental or local governmental bodies and prior publication of information in the media by the party itself or entities authorized by it.

VIII. ​​ COMPLAINTS

  • The User may submit complaints regarding the Services provided on the Website, in particular regarding their non-performance or improper performance.​​ 

  • Complaints may be submitted in writing to: Type2Sell LTD 301-1220 Kensington Road NW T2N 3P5 Calgary, Alberta

    or by sending a message to the e-mail address:​​ mz@type2sell.ca

  • A complaint should include the name of the complainant (name and last name, residential address, e-mail address) and a description of the event giving rise to the complaint.

  • Complaints will be investigated within 30 days of receipt by the Service Provider.

  • A User who is a Consumer has, among other things, the following possibilities of using out-of-court ways of dealing with complaints and asserting claims:

      • they are entitled to apply to the Provincial Inspector of Trade Inspection to initiate mediation proceedings for amicable settlement of the dispute between the User and the Service Provider.​​ 

      • A Consumer may also file a complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

IX. RESPONSIBILITY

  • The sole source of the Service Provider’s obligations is these Terms and Conditions and mandatory provisions of law.

  • The Service Provider shall be liable to Users who are Entrepreneurs for non-performance or improper performance of the Agreement or the Services, only for damage suffered by the User as a direct result of violation by the Service Provider of applicable laws or non-performance or improper performance by the Service Provider of the provisions of these Regulations, due to intentional fault or gross negligence and within the limits of the damage actually suffered.

  • The Service Provider and Entrepreneur agree to exclude the Service Provider’s liability for lost profits. The Service Provider’s liability is limited to 100 CAD.

  • In relation to Entrepreneurs, the Service Provider shall be entitled to interrupt or disrupt provision of services by electronic means and access to the Website if the reason for this is: modification, modernization, expansion or maintenance of the Service Provider’s IT system or software, actions or omissions of third parties (actions independent of the Service Provider) or force majeure.

X. PROTECTION OF PERSONAL DATA

The Service Provider collects and processes the personal data provided by the Users in accordance with applicable law and in accordance with the Privacy Policy, which constitutes Appendix no. 2 to the Regulations.

XI. ​​ FINAL PROVISIONS

  • The regulations are available in English.

  • Distribution of these Terms and Conditions or any part thereof without the written consent of the Service Provider is prohibited.

  • Settlement of any disputes arising between the Service Provider and the User, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Civil Procedure Code.

  • Settlement of any disputes arising between the Service Provider and the User, who is an Entrepreneur, shall be submitted to the competent court for the seat of the Service Provider.

  • In matters not regulated herein, the provisions of the Civil Code, the provisions of the Act on Rendering Electronic Services, the provisions of the Consumer Rights Act and other relevant provisions of law.

  • The content of these Terms and Conditions is subject to change. Each User will be informed of any changes through information on the main page of the Website containing a summary of the changes and their effective date. The effective date of the changes for Consumers will not be less than 14 days from the date of publication.​​