Terms of service.

Please read the terms of service below carefully.

1. Definitions

  1. "Website" means cramtheexam.com.
  2. “Course” means access to the materials on the Website and is explained in section 3 of this Agreement.
  3. "We" or "Us" or "Our" means the owner of this Website, English Language Solutions.
  4. "You" or "Your" means the user or viewer of the Website.
  5. “Agreement” means the agreement to provide the Course under the terms of service.

2. General provisions

  1. The Website is owned and operated by 'English Language Solutions Simon Porter' registered in Poland, under REGON (company/sole trader number): 141228722, NIP (tax number): 5272549412, and with our registered office at ul. Wygodna 28a, Kaputy, 05-850. We can be contacted on 0048 793 577 240 (the cost of calling will be as agreed with your tariff provider's rates) or via email: office@cramtheexam.com.
  2. By accessing and using the Course, you accept and agree to be bound by the terms of the Agreement. We may change the terms of the Agreement at any time. Your agreement to the changes is assumed unless you get in contact with us to terminate access to the Course. If you do not agree to the above, please do not use this Course.
  3. The Agreement is governed by the laws of the Republic of Poland.
  4. You may access the Website and Course via the internet. You are responsible for the provision of and payment for the telecommunications services to access the Website and Course, as well as for having suitable computer, browser, modem and other hardware, software or communications equipment necessary to enable you to access the Website and Course. We are not responsible for providing technical support to allow you to access the Course.
  5. To use the Course, you must allow javascript and flash. We encourage you to use the most up-to-date version of your browser, flash and java available.
  6. We may change the content of the Website and the Course without notice.
  7. Your reliance on or use of any information or materials on the Website or Course is entirely at your own risk, for which we are not liable. It is your own responsibility to ensure that the Course meets your specific needs. Please see Sec 3.3 for further information regarding our liability towards you.
  8. Unauthorised use of the Website or Course may give rise to a claim for damages or be a criminal offence.
  9. You may not: (a) enter any content onto the website which constitutes defamation, libel or obscenity; (b) promote or use hate speech; (c) violate any applicable legal provisions; or (d) enter any adult content or promote illegal activities. We will delete your account if we suspect that you are using the Website or Course in any of the manners described above.
  10. We reserve the right to terminate the Website at any time and we will provide you with 90 days' notice.
  11. If any of these terms is (for any reason) held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will not affect the remainder of these terms and they will continue in full force and effect.

3. The Course

  1. The Course is an e-learning English language platform which uses video presentations or personalized feedback to allow you to prepare for selected English language exams. The Course: (i) allows you to self-study English exam coursebooks; (ii) allows you to find out what the answers to coursebook exercises are and to view and listen to an explanation of the answer; and (iii) gives you feedback to writing exercises.
  2. You must have the relevant coursebook to do the Course. Without the coursebook, you will not find the video presentations helpful or useful.
  3. We are not responsible for getting you ready to do an English language exam. You are responsible as regards your own exam preparedness and we will not enter into correspondence regarding your decision to take an English language exam.
  4. The cost of the Course for 31 days is 30PLN and does not include the offer of a coursebook.
  5. The cost of the Course for 93 days is determined by the item bought through my shop on allegro.pl found here. This includes a free coursebook, subject to coursebook availability.
  6. All prices stated above are inclusive of all Polish taxes.
  7. Upon paying for the Course (either for 31 days or 93 days), you are entitled to full access to the Course.
  8. The payment is not a recurring payment. You will be notified by email 7 days and 1 day before your access to the Course will be terminated.
  9. Upon receiving the next payment to continue the Course (for either 31 days or 93 days), your account will reactivate with the same password and all previously saved data in your account.
  10. The Course is available to all users across the world subject to all the terms provided in the Agreement.
  11. Sharing of usernames and passwords is strictly forbidden. If we suspect that a username and password is being shared, the account will be terminated without recourse to refund.
  12. You can only access the Course from one IP address at one time.

4. Intellectual Property Rights

  1. The Website and its content are protected by copyright, database rights, trademarks, and other intellectual property rights. We do not grant you any right to use or license of any such intellectual property rights. You may not: make any copies of any education material from the Course for third parties, or adapt, republish, make available to the public, disseminate, transmit, or otherwise exploit the Course’s content.
  2. For any material that you submit through the Course, you grant us a perpetual, royalty-free, worldwide, non-exclusive licence to use, reproduce, modify, adapt, translate and make available to the public, including on the Internet, combine or include in other works, that material and any extracts from it. You also warrant that you have all rights and consents necessary to submit/post such material for inclusion on the Website.
  3. You agree not to assert your moral rights in relation to anything that you submit to us. You agree to the publication of any material you submit to us without identifying you as its author.
  4. Please do not submit any material if you do not agree to section 4.2 and to the waiver of rights in section 4.3.

5. Payment

  1. Payment to access the Course and the settlement of credit cards and electronic transfers is carried out by Dotpay Settlement Centre. Rules and regulations pertaining to Dotpay.pl can be found here (in English).
  2. We do not hold your payment details.
  3. We are not responsible for any problems that might arise through paying to access the Course.
  4. Upon payment:
    (i) you express consent to acquire access to the Course in full;
    (ii) you acknowledge Your loss of right to withdraw from this purchase transaction for digital content i.e. the Course;
    (iii) you will be provided with a username and password to access the Course via email;
    (iv) you are granted access to all parts of the Course.
  5. The payment is made in Polish Zloties.
  6. The payment is inclusive of Polish VAT, if due.
  7. If you need an invoice, please contact us via the contact page. By requesting an invoice You agree to accept an invoice issued in an electronic form.

6. Refunds and Termination of access to the Course

  1. You do not have the statutory right to withdraw from a purchase transaction for digital content without charge if you have: (i) expressly consented to acquire access to the digital content which begins immediately upon conclusion of the payment process; and (ii) acknowledged the loss of the right to withdraw. Please see sections 5.4(i) and 5.4(ii).
  2. To terminate access to the Course immediately, please contact us via the contact page stating in the email you would like to terminate access to the Course. We will then contact you within 48 hours confirming that your account has been terminated.
  3. Your access to the Course will be terminated upon lapse of 31 days or 93 days from when you paid for the Course unless you pay to further access the Course.

7. Complaints

  1. Please contact us via the contact page explaining your complaint in the email. We will then contact you within 48 hours.

8. Cookies Policy

  1. We want to protect your privacy when on the Website. Please read the following; it will help you to understand how we use your personal data.
  2. Whenever you give us personal data, your personal data is collected and used in accordance with the terms set out below, including our use of cookies as explained below.
  3. What personal information do we collect? When you access the Course, you will be asked to provide some personal data such as your name, address, phone number, email address, (and business details if an invoice is required). When using the Course, you will enter in data as answers to the questions. We also automatically collect data about visitors to the Website (for example on browsing patterns) by using cookies. We are a data controller of your personal data. You have a right to have access to your personal data and to correct it. We collect your personal data on a voluntary basis; however, if you request us to delete your personal data, you will not be able to do the Course.
  4. Cookies. A cookie is a small piece of data or message that is sent from a web server to your browser and is stored on your hard drive. A cookie is used to allow you to access the Course without having to enter in your username and password. If you choose not to accept our cookies, some of the features of our site may not work as well as we intend. We use cookies for Website system administration, to give us information about the number of visitors to different parts of the Website, and to enhance your visit to our site. Cookies are not used to damage or destroy your computer and most browsers automatically accept cookies. We use session cookies, which are temporary cookies that allow website operators to link the actions of a user during a browser session. They are used to retain information during the particular time you have used the Website; they do not collect information but only display pages where a login is required. The browser on your computer stores this information. We use third-party cookies from trusted third parties. Some third-party cookies are necessary to allow you to access content provided on our Website by one or more third parties. For instance, Google Analytics is among the third party cookies used on this Website. Google Analytics is a common and trusted analytics solution on the web to help us understand how you use our Website and the ways that we can improve your experience. We do not pass on your details to any third parties. A cookie does not: collect personal information, change the configuration of his computer, serve to install or uninstall any computer programs, viruses or trojans, or interfere with the integrity of your system or data. You can remove a cookie at any time. If, however, you do not wish to allow cookies, you can refuse to accept cookies in your browser’s settings and delete cookies stored on your hard drive. You can also set your browser to notify you when it receives a cookie. This way, you have the opportunity to accept or reject the cookie. More information regarding cookies and your browser settings can be obtained from your browser provider or on the dedicated internet webpages dealing with cookies issues.

9. Privacy Policy

  1. This Privacy Policy explains how your personal data is processed, and discusses your fundamental rights related to how we process your personal data.
  2. Personal Data Controller. The personal data controller is English Language Solutions Simon Porter, located at ul. Wygodna 28a, 05-850 Kaputy, Poland. We process your personal data in accordance with the rules set out in the personal data protection regulations, including: 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) (“RODO”) and Polish regulations issued on the basis of RODO, including the Act of 10 May 2018 on Personal Data Protection. We keep your personal data confidential and secure it against unauthorized access by third parties in accordance with the rules set out in the legal acts mentioned above. Your personal data is processed at our head office.
  3. Data Protection Officer. If you have any questions about how your data is processed, you can contact the Data Protection Officer at dpo@cramtheexam.com.
  4. Scope and purposes of personal data processing. As part of its activity, we collect and process personal data for purposes as may arise from legally well-founded interests pursued by us as the data controller: to provide access to the Course, market services, and our activity (e.g. our newsletter), for analytical and statistical purposes, and to provide IT security related to the Website. We also process personal data to meet other provisions laid down under other applicable laws.
  5. Your rights. Processing of your personal data is done on a voluntary basis. However, if you refuse to provide your data will mean you will not have access to the Course or receive promotional material from us. Sending commercial information by electronic means, e.g. by e-mail, is conditional upon receipt from you of your prior consent, including the one granted by signing up for a newsletter or for special information. In compliance with the rules set out in the personal data protection regulations and to the extent provided for in those rules, you enjoy the right to access, correct or delete your personal data, or the right to request the restriction of us being able to process your data, and the right to data portability. If you do not wish us to process your personal data for marketing purposes, you may at any time to notify your objection to the processing of personal data for this purpose.
  6. Right to lodge a complaint. You may lodge a complaint with the President of the Personal Data Protection Office as regards us processing your personal data.
  7. Processing period. We will process your personal data until:
    (i) We achieve the pertinent legally well-founded interests of ours as data controller, connected with the processing of specific data;
    (ii) the expiry of statutes of limitation relating to the agreement to which personal data processing pertains, or is connected with statute-barred obligations under law; or
    (iii) you object to us processing your data for marketing purposes. If you have chosen to receive our newsletter, we will send you the newsletter and other similar information until you object in this respect.
  8. No profiling. Your personal data is not subject to profiling as one of the forms of automatic processing of personal data.
  9. Change of the Privacy Policy. Any and all changes introduced by us to the Privacy Policy in the future will be published on the Website, will affect the future only, and will enter into force following the acceptance of the modified Privacy Policy, about which you will be notified by a pop-up window. If possible, please regularly check our website in order to check updates to our Privacy Policy.