The website Vagaru is owned by Eltee Group Agnieszka Biały with its seat in Warsaw at ul. Hlonda 10D/65, 02-972 Warsaw, NIP (tax identification number): 684-239-96-90, REGON (company statistical number): 180563924.
Whenever used in these Terms and Conditions, the following terms shall have the meanings specified below:
a. Service provider – the owner of the website
b. User – natural person holding full capacity to perform acts in law, who ordered and is using the service provided by electronic means.
c. Service – teaching a foreign language with original method Vagaru™, including, particularly, regular classes conducted by Vagaru™ language trainers and individual work done by the User in the scope prescribed and checked in writing by Vagaru™ language trainers.
d. User’s account – service platform available for the User after properly logging in to Vagaru website
To use the platform it is necessary to have a properly set up computer connected to the Internet. Certain functionalities are also available on compatible mobile devices.
To use all the functionalities of the website, the User’s hardware and software have to meet technical requirements described on: https://app.vagaru.com/pages/requirements
The User is obliged to verify the technical requirements of the computer before purchasing the subscription. The Service Provider does not assume liability for the situations when using the service is hindered or impossible due to improper configuration of the User’s software or hardware or due to the problems with the User’s hardware or Internet connection.
Creating an account on Vagaru is free. After creating a new account, the User is given the access to the functionally limited test version of the system.
The User is obliged to provide true data in the registration form. It is prohibited to give access to the account to third parties, subject to Section IV.
The account’s name (login) is identical as the e-mail address given by the User. Login (User’s e-mail) will not be visible to other users of the website.
To properly use the platform, the User is obliged to immediately inform the Service Provider about every change of the User’s e-mail by sending the notification via contact form.
The User is obliged to secure and take care of the confidential data, such as access password to the website.
In case the User becomes aware of possible, undesired access of third parties to the account, the User shall immediately report this situation by contact form to change the password.
The User is obliged to refrain from actions which could cause destabilization of the operation of the Service Provider’s websites or which in any way could make it difficult for other Users to use the said websites.
The User is obliged to refrain from any attempts to get access to the resources to which the User is not entitled. It is prohibited to use any automated tools sending data to the Service Provider’s servers or downloading data from the said servers.
The accounts of the Users who do not observe these Terms and Conditions may be blocked or removed.
The User can stop using the website at any time and delete the account by sending an appropriate message to the e-mail address, by contact form or to the postal address of the Service Provider.
The Service Provider has the right to remove the User’s account if the fee for the account is not paid, and the User has not logged to the account for more than 30 days.
The Service Provider provides the following services on the platform:
a. teaching English to adults on four levels from beginner to advanced level
b. teaching English to children and teenagers at the age from 7 to 15 on two levels
The access to the service for persons without capacity to perform acts in law or holding limited capacity to perform acts in law can be given through the User’s account created by their legal representative for such purposes.
If the User who is a legal representative of the persons mentioned in point 2 intends to buy more than one subscription, he is obliged to create a separate User’s account for every subscription.
Subscription and access to the courses
The access to the service paid for is enabled upon the receipt of the payment confirmation from the payment intermediary and after the payment has been properly credited at the bank account.
The payment of the subscription fee for the access to the services provided by the Service Provider shall be understood as the conclusion of the agreement:
a. for a definite time equal to the subscription length for single payments by bank transfer or payment card
b. for an indefinite time for recurring payments by payment card.
The subscription is calculated from the date of activation of the access to the service.
If, at the moment of providing the access to the service, the User has a valid subscription, the period of the new subscription shall start from the moment the previous subscription expires.
After the expiry of the subscription period paid for, the access to the content of the course is blocked. The User is not obliged to prolong the subscription for another period or to notify the Service Provider about the User’s intention to resign from the course.
Payments and invoicing
Setting up an account on Vagaru website is free of charge. When creating a new account, the User receives an access to the functionally limited version of the system.
The User can pay for the full version of Vagaru after logging in to the free version.
The payment for the access to the full version of Vagaru shall be made in advance for the given period in the amount as defined in the pricelist of the website (https://app.vagaru.com/pages/pricing) or, during the promotion period, at the decreased price set in the promotion conditions.
Single and recurring payments are processed by PayU S.A., with its seat in Poznań, ul. Marcelińska 90. Recurring payments are processed by PayPal.
As regards the subscription payment system, the subscription is prolonged automatically until the recurring payment is cancelled. Cancellation of recurring payments is possible at any time after logging in to PayPal website (for recurring payments processed by PayPal) or after logging in to Vagaru website, in the “Account” section (for recurring payments processed by PayU).
To receive an invoice for the services purchased, the User should select the appropriate option in the order window and provide the data for the invoice (name, address, tax identification number) when placing an order.
Satisfaction guarantee and complaints
The User may resign from the service provided without giving reasons for the resignation within 30 days from the conclusion of the agreement.
The resignation shall be sent through the contact form (https://app.vagaru.com/contact) by giving an appropriate statement clearly stating the will to resign from using the website.
In case the User resigns from the services, the Service Provider shall return the payment to the User immediately, but not later than within 14 days from the resignation. The payment shall be returned to the payment card or bank account which the User used to make the payment.
On the day of the payment refund, the User’s account shall remain active, however, the User shall have an access only to the limited version of the website.
Vagaru™ satisfaction guarantee gives the User the possibility to receive the money back as a result of the resignation filed within 30 days of the activation of the Service.
The complaint filed by the User in connection with nonperformance or improper performance of the services shall be sent by electronic mail, contact form or regular mail at the address of the Service Provider’s registered office.
Every complaint shall contain:
- name and surname and contact data of the person filing the complaint
- name of the User’s account to which the complaint pertains
- subject of the complaint, including the circumstances justifying the claim.
The request sent by regular mail should also contain a signature of the person filing the request and a date.
The reply shall be sent in the same form as the request filed to the Service Provider to the address specified in the request.
The complaint shall be considered within 14 days from the receipt of the written request unless applicable laws provide otherwise.
In special cases, i.e. when the consideration of the request requires untypical, special actions and research from the Service Provider or encounters objective obstacles, independent and caused through no fault of the Service Provider, the deadline for the consideration of the request may be prolonged, however, no more than by 14 days.
In the situation when it is necessary to receive additional explanations from the User to consider the request, the deadline for the consideration of the request shall be prolonged by the period needed for the User to give necessary explanations.
Compensations for interruptions in the operation of the Services
The Service Provider shall use its best efforts to make sure that the website is fully operational.
In case of interruptions in the operation of the website or its significant part caused through the fault of the Service Provider lasting more than 8 hours, the Service Provider is obliged to provide compensation in the form of prolonged subscription for the services paid for equal to the period when Vagaru website was unavailable, rounded up to a full day.
The compensation shall be given only if the User has notified the Service Provider about the unavailability of Vagaru or its significant part not later than within a month of the moment when the failure occurred.
The guarantee provided shall not exclude or limit the rights of the Consumer resulting from the improper performance of the agreement.
The User’s personal data are processed for the purpose of providing services to the User by electronic means. Data processing is based on Article 6(1)(b) of the GDPR.
The User may also express his consent for receiving advertising content and marketing information from Vagaru website. The decision regarding the receipt of marketing information made during registration can be changed by the User at any time by clicking on the resignation link included in e-mail messages or by sending a message with the following statement: “Resignation from marketing information” by contact form.
Moderation of published content
The Service Provider gives access to the comment module and forum on the website, which should help the Users to share with each other their thoughts on learning foreign languages and effective use of Vagaru™ platform.
By publishing a comment, the User expresses his consent to its publication on the platform. The comment will be marked with the User’s nick and photograph which are assigned to his profile by the User himself. The User can ask the Service Provider to remove his comment at any time.
The User Provider reserves the right to moderate and delete:
- messages breaching legal provisions, inciting hatred, promoting violence or containing untrue information,
- messages of insulting nature, threads containing quarrels or personal attacks,
- messages which could violate the good name of the website or third parties,
- messages containing advertising content, promoting competitive products or containing links to other websites,
- messages which are not connected with the main subject of the thread in which they are entered or incompliant with the subject of the given category,
- messages duplicating the content of other threads or comments, requests to check writing assignments in other threads or answering to the questions put in other threads,
- messages which are not connected with learning foreign languages or using Vagaru.
Posting the above mentioned messages shall be deemed as a breach of these Terms and Conditions and may result in blocking the permission to publish content on the website and to communicate with other users of the platform. In case of repeated breaches, the account of the User may be blocked.
To keep the section of language questions and the forum in order, we also reserve the right to delete the threads whose content is obsolete (e.g. regarding technical problems that have been already solved) and private discussions among narrow groups of users.
The subscription provides the access to webinars and conversations. The webinars are conducted via audio connection in real time. The platform also enables audio-video webinars. All the recordings from the webinars and conversations are published in the archive available exclusively to the Users who purchased the subscription. Accordingly, the participation in the webinars or conversations via audio-video connection means that the User expresses his consent to dissemination of his image in the recordings’ archive. The User may withdraw his consent to disseminate his image at any time.
Content of the course and copyrights
The materials contained on Vagaru platform are subject to copyright and are protected under the Copyright and Related Rights Act (Dz. U. [Journal of Laws] of 2018, item 880).
The materials made available by the Service Provider as part of paid courses may be used only by the persons who purchased the subscription to use the given course.
The persons who paid for the subscription may print the materials from the platform for their personal use, however, they are not entitled to further disseminate those materials.
Using the materials which are subject to the Service Provider’s copyright outside Vagaru™ platform is possible only upon written consent of the Service Provider.
We reserve the right to periodically update the content of the materials offered, including the right to modify the content of the lessons and curricula and to remove certain elements.
The Service Provider reserves the right to make amendments to these Terms and Conditions to adapt them to changing legal and technological requirements.
The current version of the Terms and Conditions is available on https://app.vagaru.com/pages/terms
The Service Provider shall notify the Users about the amendments in the Terms and Conditions by sending a notification to the e-mail address assigned to the User’s login. Additionally, the information may be published in News section, which is visible after logging in to Vagaru home page.
The User shall have 14 days to accept the amendments from the receipt of the e-mail mentioned in the previous point.
If the User does not accept the amendments made in the Terms and Conditions, the User shall have a right to withdraw from the agreement. The agreement shall expire on the day when the notice of withdrawal is filed by the User.
All legal relationships resulting from these Terms and Conditions shall be regulated by the Polish law. However, the Consumer residing in a country other than Poland shall be entitled to invoke his rights resulting from the law applicable in his jurisdiction.
Current version. Last update 30 January 2020.
Archive version of the Terms and Conditions:
Version of 04.03.2018