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Regulations for the Provision of Services

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Growth Audit and Online Advisory Session hereinafter referred to as the “Services” available on thekarinamaria.com (“Website”).

 

Implementing the requirements of:

• California Privacy Consumer Act of 2018 amended by California Privacy Rights Act of 2020 and California Consumer Privacy Act Regulations of 2023, 2024,

• European Union Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),

• Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules,

• Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council

as well as act of 16 July 2004 telecommunication law (PL, Dz.U. from 2019 pos. 2460 with later changes), the Act of 18 July 2002 on the provision of electronic services (PL, Dz.U. from 2017 pos. 1219 with later changes),

thekarinamaria.com Website Owner, Bring Up Agency Karina Chalapuk-Sniegowska, a company registered in the European Union, Poland, 02-017 Warsaw, Al. Jerozolimskie 123A, floor 18, entered in the National Official Business Register with number 142 965 397 and VAT ID (Tax Identification Number) PL9511924129, hereinafter referred to as the „Service Provider”,

introduces these Regulations defining in particular the types and scope of paid Services provided electronically, the conditions for the provision of these paid Services, the principles for the processing of personal data, the conditions for the conclusion and termination of agreements for the provision of Services by electronic means, including technical requirements and prohibitions on the delivery of illegal content, the procedure for complaints and the conditions for sending commercial information.

 

§1 Definitions

 

The following terms used in the Regulations have the following meanings:

a. Information and communication system (ICT) – a set of cooperating IT devices and software, providing processing and storage, as well as sending and receiving data via telecommunications networks by means of a terminal device appropriate for the type of network, as defined in the Telecommunications Law.

b. Services provided electronically – services, the performance of which is carried out by sending and receiving data via ICT Systems, at the individual request of the Service Recipient, without the simultaneous presence of the parties, whereby the data is transmitted via public networks as defined by the Telecommunications Law.

c. Means of electronic communication – technical solutions, including ICT devices and software tools cooperating with them, allowing individual communication at a distance using data transmission between ICT Systems, especially, but not limited to, electronic mail.

d. Agreement – an agreement between the Service Provider and the Service Recipient, the purpose of which is to provide Services to the Service Recipient, which the detailed terms are set forth in the Regulations.

e. Online Service Terms and Conditions – a document setting out the terms and conditions for the provision of Services by the Service Provider to the Service Recipient, drawn up pursuant to Article 8(1)(1) of the Act on Provision of Electronic Services of July 18, 2002 about provision of services by electronic means (Dz. U. Nr 2020, pos. 344 with later changes). The Regulations are available at thekarinamaria.com.

f. Privacy Policy – a document that is an integral part of the Terms and Conditions, which sets out the rules for the processing and protection of personal data obtained and used by the Service Provider in connection with the provision of the Services. The Privacy Policy is available at thekarinamaria.com.

g. Service Provider – Bring Up Agency Karina Chałapuk-Śniegowska, a company registered in the European Union, Poland, Warsaw, entered in the National Official Business Register with number 142 965 397 and VAT ID (Tax Identification Number) 951 192 41 29.

h. Service Recipient  – an entity using the Services that is a party to the Agreement being a Consumer, Entrepreneur-Consumer, natural person conducting business, legal entity or organisational units with no legal personality.

i. Consumer – a natural person, acquiring and using the Services for a purpose not directly related to his/her business or professional activity, referred to in Article 221 of the Act of April 23, 1964 Civil Code (PL Dz.U. 1964 Nr 16 pos. 93 with later changes).

j. Entrepreneur-Consumer – an individual located in the EEA or UK who acquires and uses the Services in connection with their business activity, even though the Services are not directly related to their professional activity. This term applies if the Services are not of a professional nature for the individual, as determined by the subject matter of their business activity. This definition is referred to in Article 385 (5) of the Act of April 23, Civil Code (PL Dz.U. 1964 Nr 16 pos. 93 with later amendments). It is important to note that this term only applies if the business activity is conducted by an individual and not by a legal entity (a company).

k. Services  – services provided electronically, provided by the Service Provider to the Service Recipient under the terms of these Terms and Conditions by means of electronic communication, including Growth Audit and Online Advisory Session.

l. Growth Audit – provision of access to an online questionnaire, analysis of the answers provided in the questionnaire by the Service Recipient and an Online Advisory Session held on the mutually confirmed date, time and communication platform (Google Meets or Zoom) in the scope of business growth - related questions and recommendations about areas to focus on for further growth or business transformation.

m. Price – the remuneration amount payable by the Service Recipient to the Service Provider for the provision of Services. Information on the remuneration is available on the Website at the time of purchase and may be subject to change at any time. The applicable Price for the Service Recipient is the Price at the moment of purchase.

 

§2 Rules of use of the Services

 

1. Use of the Services requires the Service Recipient to accept Regulations for the Provisions of Services, Online Service Terms and Conditions and Privacy Policy. Acceptance of the Online Service Terms and Conditions and Privacy Policy and payment of the Price are tantamount to the conclusion of the Agreement without the need for a separate contract.

2. The Service Agreement is one-time in nature and is concluded for the duration of the Services including the provision of an access to an online questionnaire and an Online Advisory Session lasting 50 minutes, which means that the Service Recipient wishing to obtain another Service must conclude a new Service Agreement.

3. The Services will take place in the following steps: the Service Recipient will complete an online questionnaire, which is available on demand, and the Online Advisory Session will be scheduled for a date booked by the Service Recipient and confirmed by the Service Provider.

4. In order to be able to use the Services, the Service Recipient`s data must be entered during the process of purchasing the Services and after the purchase by completing the electronic questionnaire provided by a link upon payment completion. The questionnaire might be filled out at Service Recipient’s convenience and only after the date for the Online Advisory Session can be booked.

5. At the latest at the time of purchase of the Services, the Services Recipient shall provide the Service Provider with the following data concerning the Recipient:
   a) First and last name of the Service Recipient;
   b) Address details of the registered office of the Service Recipient;
   c) Tax Identification Number / VAT ID (if applicable);
   d) Email address.

6. Use of the Services requires the Service Recipient to:
   a) having a device and software, allowing to browse the World Wide Web;
   b) having access to the Internet;
   c) having a properly configured and updated web browser: Google Chrome, Firefox, Microsoft Internet Explorer or Safari;
   d) having a properly configured email account;
   e) transfer information, including documents necessary for the proper provision of the Services;
   f) correctly installed programs that allow reading files in PDF, DOC and DOCX, XLS, XLSX formats;
   g) Cookie and JavaScript enabled.

7. The Service Provider shall not cover the cost of connecting the Service Recipient’s devices to the Internet.

8. The Service Provider shall not be liable for any impediments to the use of the Services provided by the Service Provider arising from problems with the Service Recipient’s equipment or Internet connection.

9. The Service Recipient may use the Services only in compliance with applicable laws and regulations.

10. The Service Provider is entitled to refuse to provide Services in the event of a conflict of interest between the Service Recipient and the Service Provider, or between the Service Recipient and an entity that is a client of the Service Provider.

11. The Service Provider reserves the right to refuse to provide Services in case of violation of the law or the provisions of these Regulations by the Service Recipient.

12. The Service Provider reserves the right to temporarily interrupt or impede access to the Services, e.g. due to ongoing maintenance work, including those related to improving the provision of the Services. Simultaneously, the Service Provider undertakes to inform about planned interruptions or impediments by email correspondence to the email address referred to in § 2.5 (d).

13. After the Services Recipient has made a purchase of Services, the Service Provider shall immediately send to the Service Recipient at the email address of the Recipient referred to in § 2.5(d) confirmation of the conclusion of the Agreement, and upon positive authorisation of payment of the price, a link to download an electronic VAT invoice.

14. The Service Recipient shall provide all documents and answer all questions in the questionnaire and additional questions of the Service Provider aimed at determining the facts of the case and relevant to the provision of Services.

15. If the Service Recipient refuses to answer the Service Provider’s questions, thereby preventing the Service Provider from fully establishing the facts, the Service Provider will provide recommendations based solely on the known data. These recommendations may differ from those that would be based on complete information.

16. Ordering the Services is done electronically by filling out the order form located at thekarinamaria.com.

17. The Service Provider has the right to be contacted by email to complete the description of the facts or to set an individual date for the performance of the Services.

18. Documents exchanged between the Service Provider and the Service Recipient in the course of providing the Services shall be uploaded in the specified part of the online questionnaire or sent via email using the email address referred to in § 2.5(d) and the email address designated by the Service Provider.

19. The Services are not intended for nor directed at children under the age of 18 and will not be provided to them. The Service Provider is not obliged to monitor or verify the information provided by the Service Recipient regarding their age. However, if the Service Provider is notified that a person purchasing the Services or who has obtained the Services is under 18, the Services will be terminated and a refund will be issued in accordance with §6.9.

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§3 Payments

 

1. The Service Recipient, in order to purchase the Services, should follow the messages and instructions visible on the Website when ordering the Services.

2. The price is specified in net value, which will then be increased by the value output tax (VAT) due under the law.

3. Payment of the Price must be made in advance and is a condition for the commencement of the Services.

4. The Service Provider, through the online payment service provider, will charge the amount according to the current Price for the Services.

5. The Service Provider reserves the right to present individual price offers to selected Service Recipients and to use promotion codes available for certain groups or entities.

6. Payment of the Price is made through the payment processing system Stripe.

7. Payment of the Price shall be deemed to have been made when the bank account indicated by the Service Provider is credited.

8. The Service Recipient agrees to send VAT invoices in PDF format, electronically to the email address provided by the recipient, referred to in § 2.5(d).

 

§4 Conditions for the provision of Services

 

1. The Service Provider shall provide Services to the Service Recipient to the extent and under the terms and conditions set forth in these Regulations or an individual offer, if such has been submitted and accepted by the Service Recipient.

2. The Service Recipient may obtain information on the scope of the Services to which he is entitled from these Regulations.

3. The Service Recipient undertakes to comply with these Regulations.

4. The content of the online questionnaire as well as recommendations provided by Service Provider may be used by the Service Recipient only for his own use, to the extent permitted by applicable laws and regulations, unless the Service Provider has consented to its use by a third party in writing.

5. The Service Recipient is able to use the Services after providing information that will allow the Service Provider to verify the recipient’s right to use the Services, in particular: first and last name, Tax Identification Number / VAT ID and electronic mail address (email).

6. If the Services are used via email, contact with the Service Provider must be made from the Service Recipient’s email address referred to in § 2.5(d). If contact is made from any other email address, Services will not be provided.

7. The Service Recipient is obliged to use the Services in a lawful manner with respect for personal rights and copyrights and intellectual property of the Service Provider and third parties.

8. The Service Provider does not answer questions that are offensive or violate the personal rights of third parties, or are otherwise unlawful.

9. The Service Recipient shall refrain from:
   a. abuse of means of electronic communication, in particular by causing a disturbance or overload of the Service Provider’s ICT Systems or other entities directly or indirectly involved in the provision of electronic services;
   b. activities aimed at testing the possibility of breaking or bypassing the security of the Service Provider’s ICT Systems, as well as any other activities that lead to unauthorised access to all or part of the Service Provider’s ICT Systems;
   c. use of the Services provided by the Service Provider in a manner contrary to generally applicable law, morality or the legitimate interests of the Service Provider;
   d. sharing login data for the Services provided by the Service Provider with unauthorised persons;
   e. the provision by or to the Service Provider’s Information and Communication Systems or made available by the Service Provider of content that violates the rights of third parties, generally accepted social norms or is inconsistent with generally applicable laws, or their introduction or dissemination through the Service Provider’s Information and Communication Systems constitutes a violation of generally applicable laws.

10. The Service Recipient agrees to indemnify the Service Provider against any costs, or liability, related to the content provided by the Service Recipient to or through the Service Provider’s ICT Systems or made available by the Service Provider in violation of Section 9(e) above, particularly in the event of claims made against the Service Provider from third parties.

11. The Service Provider shall not be liable for damages incurred by the Service Recipient or third parties in connection with the provision of Services. Any liability of the Service Provider for the Services provided is excluded.

12. The Service Provider shall not be liable for damages caused by the using of the Services in a manner contrary to generally applicable law, morality, or otherwise inconsistent with these Regulations or the Privacy Policy.

13. The Service Provider shall not be liable for damages caused by the use of the Services by an unauthorised person who, as a result of the culpable act or omission of the Service Recipient, has gained access to the Services provided by the Service Provider.

14. The Service Provider is not obliged to check the transmitted, stored or accessed content that has been entered by the Service Recipient into the Service Provider’s Information and Communication Systems or made available by the Service Recipient. If the Service Provider obtains credible information or official notification of the unlawful nature of such content or related activities, the Service Provider may remove such content and/or suspend the Service Recipient`s access to the Services provided. In such a case, the Service Provider shall not be liable for the removal of the content referred to in this paragraph or for the suspension of access to the Services under this paragraph.

15. The Service Provider reserves the right to carry out necessary maintenance work on the ICT System, which may cause temporary difficulties or prevent customers from using the Services.

16. In special cases affecting the security or stability of the ICT System, the Service Provider shall have the right to temporarily discontinue or reduce the provision of Services, without prior notice and carry out maintenance work to restore the security and stability of the ICT System.

17. The Service Provider undertakes to keep confidential any information, including personal data entered by Service Recipients into the Service Provider’s ICT System, except as follows:
    a. the information is publicly available or generally known, unless it has become publicly available or generally known as a result of a breach of law or contractual obligations between the Service Provider and the Service Recipient;
    b. disclosure is required by generally applicable law,
    c. prior approval for disclosure will be given by the Service Recipient.

18. The Service Recipient is obliged to enter data in accordance with the facts.

19. The Service Provider uses appropriate technical and organisational measures to protect from security breaches and third-party access to the site and databases.

20. The Service Provider provides Services in the English language. Services in other languages can be provided only under a separate service, which will be priced on a case-by-case basis.

 

§5 Intellectual Property and Confidentiality

 

1. The Service Recipient acknowledges and agrees that all materials provided within the scope of the Service are confidential and the exclusive intellectual property of the Service Provider. All content (hereinafter referred to as “Materials”), including but not limited to the questionnaire, its questions, structure, and design, as well as instructions, lessons, and downloadable or replicable digital files provided as part of the Service, is protected by copyright laws and international treaties.

2. The Service Recipient agrees to use the Materials solely for the purpose of participating in this Service and not for any other purpose. Unauthorised use, reproduction, distribution, display, or modification of the Materials, in whole or in part, is strictly prohibited. The Service Recipient agrees not to copy, reproduce, distribute, disclose, display, or otherwise use the Materials for any purpose other than as part of the Service, and will not share any part of the Materials with any third party without the prior written consent of the Service Provider.

3. Any breach of this confidentiality obligation may result in legal action, including but not limited to claims for damages and injunctions.

 

§6 Withdrawal

 

1. This paragraph applies to the rights of the Consumers and the Entrepreneur - Consumers as Service Recipients according to definitions in §1(i,j).

2. Agreement withdrawal period: Consumers and Entrepreneur-Consumers who are Service Recipients may withdraw from the Agreement, without giving reasons, within 14 days from the date of conclusion of the Agreement, subject to paragraph 3 of this section.

3. The Service Provider provides the possibility to submit a statement of withdrawal via email service[at]thekarinamaria.com.

4. To meet the 14-day time limit it is sufficient to send the statement before its expiration.

5. In case of withdrawal from the Agreement, the Service Provider is obliged, no later than 14 days from the date of receipt of the withdrawal notice, to return all payments made by the Service Provider to the Service Recipient.

6. The Service Provider shall refund the payment using the same method of payment used by the Consumer or Entrepreneur-Consumer, unless they have expressly agreed to a different method of refund that does not incur any costs for them.

7. Exceptions to the Right of Withdrawal. The right of withdrawal shall not apply in the following circumstances: if the Consumer or Entrepreneur-Consumer wishes to access the Services before the expiration of the 14-day withdrawal period, they must express their explicit consent and acknowledge that they will lose the right to withdraw once the Services are fully performed. This consent and acknowledgment are confirmed by ticking the appropriate box before the commencement of the Services (“Acknowledgement and agreement”).  The Services are deemed fully performed once the Consumer or Entrepreneur-Consumer gets access to the online questionnaire. At this point, the Consumer or Entrepreneur-Consumer waives their right to withdraw from the Services in accordance with applicable consumer protection laws, including the European Union Directive on Consumer Rights (Directive 2011/83/EU) and California Business and Professions Code §17538.

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§7 Complaints

 

1. Complaints related to the provision of Services by the Service Provider may be submitted only in electronic form via email to service[at]thekarinamaria.com within a maximum period of 7 days limit from the date of performance of the Services.

2. In the description of the complaint, the Service Recipient shall include: information and circumstances concerning the subject of the complaint, in particular, the type and date of the irregularity, together with the reasons; the Service Recipient’s request and the contact details of the complainant.

3. The response to the complaint shall be sent to the email address provided by the Customer referred to in § 2.5(d).

4. The Service Provider shall consider complaints without unnecessary delay, but no later than 14 days from the day the complaint was filed. If the complaint cannot be resolved within this period, the Service Provider shall, within the 14-day timeframe, notify the complainant of the reasons for the delay and the expected time required to resolve the complaint.

 

§8 Personal data processing

 

1. The Service Provider is the Administrator of personal data. Information about personal data processing is detailed in the Privacy Policy available at the Website.

2. With the Service Recipient's consent, the Service Provider may process personal data for the development of new products and the provision of services within the scope of the Administrator’s business activities, particularly for creating new products.

3. Sending commercial information or newsletters to the Service Recipient electronically, to the email address referred to in § 2.(5) (d), is possible only after the Service Recipient has given a separate consent.

 

 

§9 Transitional and final regulations

 

1. In cases not regulated by these Regulations, the provisions of generally applicable Polish law shall apply.

2. The Service Provider reserves the right to make changes to the Regulations for important reasons, including but not limited to changes in the law, modifications to the way the Services are provided, or changes in the scope of Services. The Service Provider will inform the Client of any changes via the email address referred to in §2.(5)(d).

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