Thank you for your interest in and willingness to use our services. The following Terms and Conditions, along with the documents listed herein, define the terms and conditions of using our Service (the service is defined below) and is a legally binding agreement between the User and Testportal. If you have any questions regarding the terms of service, please contact us at firstname.lastname@example.org.
Please carefully read these Testportal Terms of Service prior to using the Website. By accessing, browsing, or using the Website in any way:
(i) The User confirms that they have read and understood these Terms and Conditions and agree to comply with them, regardless of whether they are acting on their own behalf (if they are acting as a natural person) or on behalf of a company or organization they represent;
(ii) The User confirms that they have read and understood these Terms and Conditions, and they agree to comply with them. If a User does not agree to comply with these Terms of Service, they cannot get access to, browse, or in any other way use the Services.
1. General Provisions
1.1. The Website is available at the Internet address www.testportal.net or at related sites, and it is kept by Testportal Sp. z o.o., with its registered office in Babimost, Poland, European Union, at the following address: ul. Szewska 9, postal code: 66 – 110, Poland, EU, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Zielona Góra, VIII Commercial Division, under the number 0000512302, NIP (Tax Identification Number): 9731017273, REGON (National Business Registry Number): 081208720, e-mail address: email@example.com.
1.2. The following Terms and Conditions define the general terms and conditions, as well as the method in which the Services are provided by electronic means via the Website www.testportal.net, or via any related websites.
a) Service Provider/Testportal – Testportal Sp. z o.o., with its registered office in Babimost, Poland, European Union, at the following address: ul. Szewska 9, postal code: 66 – 110, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Zielona Góra, VIII Commercial Division of the National Court Register, under the number 0000512302;
b) Website – The website belonging to the Service Provider, through which the Service Provider provides the Services. The website allows to create and solve online Tests;
c) User – A natural person with full legal capacity and, in cases stipulated by the generally applicable provisions, also a natural person with a limited legal capacity, a legal person, or a legal person without any legal personality who uses the Services via an Account which they have created, and the Services are provided by the Service Provider electronically;
d) Respondent – A person answering the questions contained within the online Test provided to them by the User;
e) Services – All of the services provided electronically by the Service Provider on the Website to the Users and Respondents, based on these Terms and Conditions;
f) Registration Form – A form which is available on the Website, and which makes it possible to create an Account;
g) Registration – Filling in the Registration Form and creating an Account;
h) Account – A collection of resources in the Service Provider's ICT system, marked with an individual name (username/e-mail address) and a password provided by the User, in which the User's data is stored.
i) Agreement – An agreement for the provision of Services by electronic means under the provisions of the Act of July 18, 2002 on Providing Services by Electronic Means, concluded with the User via the Website;
j) Paid Packages – Paid services available on the Website, which guarantee additional authorizations to use the Services provided electronically by the Service Provider;
k) Price List – A document containing the description of the offer of the Service Provider, as well as a list of the rates and fees for the Paid Packages offered via the www.testportal.net Website, or via any related websites, and which also specifies the rules for their calculation, which is simultaneously an integral part of the Terms and Conditions, and thus of the Agreement for the provision of services by electronic means;
l) Proof of Payment – An invoice, an accounting document, or any other proof that a payment has been made;
m) Online Test – May include any of the following: a competence test, a psychological test, an intelligence test, a numerical test, a language test, an initial knowledge test, a test certifying the acquired knowledge, a test of the efficiency of the conducted training, a test verifying knowledge, trial and preparatory tests within the scope of self-study, or other tests.
1.3. Announcements, the Service Provider's advertisements, price lists, and any other information regarding the Services provided that is given on the Website, and in particular their descriptions and technical and functional parameters, are an invitation to conclude an Agreement under the provisions of art. 71 of the Act from April 23rd, 1964 – The Civil Code.
1.4. In order to be able to use the www.testportal.pl website, you will need the following: A computer with an x86 2GH or equivalent processor; operating memory of 4GB; a monitor and a graphics card; a hard drive that operates an operating system with a minimum of 100MB of free space; a mouse or other keypad; a keyboard; a network card or modem giving Internet access at the speed of 512kb/s; one of the following software or operating systems: MS Windows 7 or newer, Ubuntu 16 or newer, MacOS 10.13 or newer, Android 7.0 or newer; one of the following web browsers: Google Chrome 64 or newer, Microsoft Edge 40 or newer, Firefox 58 or newer, Safari 11 or newer. Using the services provided by the Website may also be done with the assistance of another electronic device (i.e., a tablet or a smartphone) operating on, for example, an Android system (version 4.0 minimum) or a Windows phone system (version 8.0 minimum), which also has access to the Internet.
1.5. The Service Provider reserves that using the Services referred to in the Terms and Conditions may expose the User to the standard risk associated with using the Internet, and they recommend that Users take appropriate steps with the goal of minimizing these risks.
1.6. The provisions of the Terms and Conditions do not have the intention of excluding or limiting any of the User's, who is simultaneously a consumer under the provisions of the Act of April 23rd, 1964 – The Civil Code, rights to which they are entitled under the mandatory provisions of the law. In case of any discrepancies of the provisions of the Terms and Conditions with the above provisions, the priority is given to these provisions.
1.7. The Service Provider makes the Terms and Conditions available free of charge via the Website, which makes it possible to download, save, and print the Terms and Conditions.
2. The Terms of Service Provision
The User is obliged to use the Website in a manner compliant with the applicable law, principles of social coexistence, and morality, keeping in mind the respect for personal rights and the intellectual property rights of any third parties.
I. User Registration
1. The Website registration is voluntary and free of charge. It can be completed 24 hours a day, 7 days a week.
2. As far as the Services provided are concerned, there are two User categories:
a) Educational User – A person with the status of:
- A teacher, i.e., a person who, depending on the User's legal system, is engaged in activity which is defined as a teacher, an educator, or any other pedagogical employee hired at schools. An educational User is not a training company, a language school, a foundation, a public benefit organization, etc. For those entities, we offer a Business Account.
- An employee of a public or a non-public university within the provisions of the User's legal system.
b) Business User.
3. To correctly create an Account, it is necessary to provide the following data in the Registration Form:
a) Name and surname (applicable only to Educational Users);
b) E-mail address;
d) Country (not applicable to the Users of the www.testportal.pl website);
e) Time zone (not applicable to the Users of the www.testportal.pl website);
f) Contact details of the User’s organization (applicable only to Educational Users).
4. A User can also register with an account created through other access channels made available by Testportal by synchronizing it with an account on the Website.
5. By completing Registration on the Website, the User declares that they are prepared to conclude an Agreement, and the personal data which they have provided is accurate and complete and does not infringe on any rights of any third parties. In case of any changes within this scope, the User should immediately notify the Service Provider of the above.
6. Use of the Website by minors is possible only with the consent of their parents or legal guardians. In relation to the above, when Registering on the Website, the User declares that they are an adult or, if they are a minor, that they have the consent of their parents or legal guardians to use the Website.
II. User Account
1. The Service Provider distinguishes two categories of Accounts which can be created:
a) A Business Account (paid) – The features and functionalities of this type of account are described in detail at the following locations:
i. on the website: https://www.testportal.net/en/pricing/business/compare-plans/ - for Users who use the www.testportal.net website,
ii. on the website: https://www.testportal.pl/pl/cennik/biznes/porownaj-plany/ - for Users who use the www.testportal.pl website,
b) An Educational Account – The features and functionalities of this type of account are described in detail at the following locations:
i. on the website: https://www.testportal.net/en/pricing/education/compare-plans/ - for Users who use the www.testportal.net website,
ii. on the website: https://www.testportal.pl/pl/cennik/edukacja/porownaj-plany/ - for Users who use the www.testportal.pl website,
2. A Business User, after creating and activating their Account, can also use a trial period first. The details of the trial period are specified in the Service Provider's offer, which is included in the Price List.
3. A Business Account having individual features as per the User's preferences is available only after an agreement with the Service Provider. This will require the User to complete a separate agreement with the Service Provider.
4. The Service Provider reserves the right to refuse to create an Account, block an Account, or delete an Account if:
a) The Account Name is already being used on the Website;
b) The Service Provider discovers or learns from a reasonable and credible source that an Educational User does not comply with the requirements stated in the Terms and Conditions, or that their Account is being used for commercial purposes;
c) The Service Provider receives reasonable and credible information that the User is using the Account in a way that is against the law, shows disregard for common decency, or violates any personal rights or legitimate interests of any third parties.
In this case, the Service Provider will immediately inform the User, via the e-mail address that was provided during Registration, that their account will be deleted.
5. The User is not allowed to share an Account with any third parties. The Service Provider has the right to claim compensation from the User if they have caused any damage to the Service Provider by sharing access to their Account. The above applies only to the User not being a consumer, as defined by the provisions of the Act of 23 April 1964 – The Civil Code.
III. The Type and Scope of the Services Provided Electronically by the Website.
1. The Service Provider provides two types of Services to the Users and Respondents:
a) Free of charge services;
b) Paid services.
2. The Services are provided to the User upon:
a) The correct registration and activation of an Account — in the case of the Services which are free of charge;
b) The User making a payment — in the case of the Services which must be paid for.
3. The Catalog of the Services provided electronically via the www.testportal.pl and www.testportal.net Website includes:
a) The possibility of maintaining an Account on the Website;
b) The option to create new Tests or manage already existing online Tests;
c) The ability to make the online Tests available to a selected Respondent group;
d) The ability to have Respondents solve the online Tests.
4. Using the services referred to in par. 3 a), b), c) is possible only after a User completes their Registration and activates their Account.
5. The Services referred to in par. 3 a), b), c) are available to the Users as part of the Free Package or as part of the Paid Packages.
6. The following detailed specifications are contained in the Price List:
a) The currently valid offers;
b) The types of functionalities available as part of the Packages offered, as well as the categories of the Users who can use them;
c) The terms and conditions related to the trial period of a Business User Account;
d) A list of the rates and fees for the Services provided via the website, as well as the rules for their calculation.
7. The Price List for Users using the www.testportal.net website is available on the Website subpage under the "Pricing" tab: https://www.testportal.net/en/pricing/business/compare-plans/ (for Business Accounts) and https://www.testportal.net/en/pricing/education/compare-plans/ (for Educational Accounts). For Users using the www.testportal.pl website, this information is found under the "Cennik" tab: https://www.testportal.pl/pl/cennik/biznes/porownaj-plany/ (for Business Accounts) and https://www.testportal.pl/pl/cennik/edukacja/porownaj-plany/ (for Educational Accounts).
8. Testportal, on the basis of the location specified by the User, makes it possible to see the Prices provided in the Price List expressed in US dollars. Users who are using the www.testportal.pl website can see the price list in Polish zlotys. The prices indicated are net prices.
9. Creating and adding online Tests on the Website is possible via the User Account, by using the correct Website forms.
10. The User may manage the online Tests by creating and adding questions to a Test, specifying the time limit for answering them, inputting the minimum score required to pass, and setting the category of the online Tests.
11. After the User approves the necessary settings, the online Test is activated by the Service Provider on the Website.
IV. Concluding and Terminating an Agreement.
1. When filling in the Registration Form and creating an Account, the User is asked to get familiar with the content of the Terms and Conditions and to approve its provisions.
2. Once the Registration Form is filled in, the Service Provider sends a message to the e-mail address specified by the User, and the message contains an Account activation link. The activation of an Account takes place when the User clicks the activation link, which confirms the creating of an Account.
3. The above is equivalent to a User giving their consent for starting the provision of the Services before the deadline for withdrawing from the Agreement for the provision of Services by electronic means.
4. The User receives, in the form of an e-mail message sent to the address specified by the User, a confirmation of:
a) The creation of the Account;
b) The submission and acceptance of an order for completion (applicable only to the services available as part of the Paid Packages);
c) Starting the provision of the Services.
5. An Agreement for the provision of Services by electronic means is considered as concluded once the User receives an e-mail message as described in par. 4 herein.
6. The User gets access to their Account via an e-mail address (login/username) and a password.
7. An Agreement for the maintenance of the Account on the Website is concluded for an indefinite period and does not include any financial liability for the User.
8. An Agreement for the provision of Services by electronic means may be terminated at any time by sending information about a User resignation via e-mail to either of the following addresses: firstname.lastname@example.org or email@example.com.
9. A request for the deletion of a User Account is equal to resigning from the further use of the Services, for which it is necessary to have an Account on the Website, and equal to the deletion of all the data related to this account which has been collected on the Website.
V. Entrustment of Personal Data
1. The User is the controller of the personal data of the Respondents, or they process the entrusted data on the behalf of another controller, or controllers, which means that the User controls the manner of the collection and using of the personal data of the Respondents, and they are responsible for this.
2. The User declares that they have a legal basis for the processing of the personal data of the Respondents, collected via the Online test forms.
3. As the controller of the personal data of the Respondents, or as a processor, the User entrusts the Service Provider with the processing of the personal data of the Respondents.
4. Testportal hereby declares that it obliges to use the personal data only to the extent which is necessary to provide the services specified in the Terms and Conditions, as well as for the purposes specified herein. The scope of the processed data will be determined by the User each time they create an online Test form.
5. The User declares that they will not be entrusting any specific category data for processing to Testportal, under the provisions of art. 9 of the GDPR.
6. The processing of the Respondents’ personal data by Testportal takes place on the basis of being entrusted by the User. The User may download the Data Processing Agreement concluded by Testportal and the User here.
Approval of the Terms and Conditions is equal to the approval of the Data Processing Agreement.
3. The Payments
3.1. Payment for the Service is made in one of the following ways:
a) Cyclically, in either a monthly or yearly payment plan as selected by the User ("Recurring Payment"). The User authorizes the entity providing internet payment services to charge the User with fees for the selected Service automatically. The fee will be automatically charged in accordance with the Service selected by the User and the billing period;
b) As a one-time payment, paid in advance ("One-time Payment"). A one-time payment will not automatically be renewed;
c) Based on individual arrangements with the Service Provider.
3.2. The User may select one payment method out of those made available by the Service Provider. The list of payment methods is available to:
a) Users who are using the www.testportal.net website at: https://www.testportal.net/en/help-center/what-payment-methods-are-available-on-testportal/;
b) Users who are using the www.testportal.pl website at: https://www.testportal.pl/pl/pomoc/jakie-metody-platnosci-sa-dostepne-na-testportalu/
3.3. The available payment methods depend on the Paid Package selected by the User.
3.4. Recurring Payments are possible only using a credit or debit card registered by the User or another selected payment method allowing for the cyclical charge of the User.
3.5. If payment cannot be made due to an expired card, lack of funds, or any other reason, the Service Provider will inform the User twice within seven days. If despite both notifications, the User does not adjust the payment method to enable the cyclical charging of the fee, the Service Provider is entitled to suspend access to the Service.
3.6. The User may resign from Recurring Payments at any time, with the proviso that resignation from the Service is effective at the end of the next billing period. The Service Provider will send the User confirmation of the Recurring Payment cancellation. Any questions related to the handling of Recurring Payments and the rules for their implementation should be sent to one of the following e-mail addresses: firstname.lastname@example.org or email@example.com.
3.7. Every order has a Proof of Payment, as defined in 1.2., attached to it.
3.8. Services under Paid Packages will begin within 24 hours of the first payment in the case of Recurring Payments or within 24 hours of the complete payment in the case of One-time Payments.
3.9. Suspension of access to the Service, as mentioned in 3.5., means that:
a) Any active online Tests are terminated automatically;
b) An online Test cannot be restarted;
c) The User cannot create any new online Tests.
3.10. When a payment is made for the Paid Packages, the authorizations within the scope of the individual Package are renewed, and the frozen online Tests regain their full functionality, which means that the restrictions mentioned in 3.9. are no longer applied.
3.11. The Service Provider, at the request of the User, will refund the User the amount paid as a Recurring Payment in the following scenarios:
a) 12-month billing period — The User submits a declaration of resignation from Recurring Payments within 30 days of the date of payment, with the proviso that the User did not continue to use the Service actively, i.e., did not collect more than one test result;
b) Monthly billing period — The User submits a declaration of resignation from Recurring Payments within seven days of the date of payment, with the proviso that the User did not continue to use the Service actively, i.e., did not collect more than one test result.
3.12. A User who is not a consumer within the meaning of the Act of 23 April 1964 – The Civil Code authorizes the Service Provider to issue invoices without the recipient's signature.
3.13. Invoices are available at the e-mail address specified by the User, and it is possible to download and print them. If the User wishes to receive a paper copy of the invoices, a written request is required to amend this paragraph.
4. The User's Rights and Obligations
I. The User's Obligations.
1. The User is obliged to comply with the Terms and Conditions.
2. The User is forbidden to post in the online Tests any content of an erotic or pornographic nature. The User is also forbidden to post any content which violates any legal or moral norms, which depicts or propagates violence, hatred, or discrimination (racial, cultural, ethnic, religious, philosophical, etc.), or which violates the personal rights or insults the dignity of other persons.
3. The User is forbidden to post in the online Tests any content that is against the law. The User is also forbidden to post content that does not display good manners; in particular, content that violates the personal rights or insults the dignity of other persons, as well as any spam content (e.g., links to other websites, illegal software, or any information regarding the acquisition thereof).
4. The User using the Services is obliged to refrain from copying, modifying, distributing, transmitting, or using in any other way any of the content and the databases which have been made available on the Website, with the exception of when the User is given express permission by the Service Provider.
5. The User cannot act to the detriment of the Website or of the other Users (e.g., by attempting to break into the Website or into the Account of another User).
6. The User obliges not to proceed with any actions which unjustifiably burden the Website's infrastructure.
7. In case of any breach of the provisions of the Terms and Conditions, the User is obliged to repair any damage arising because of said breach on the Service Provider's part. The above applies only to the User not being a consumer, as defined by the provisions of the Act of 23 April 1964 – The Civil Code.
II. The User's Rights.
1. To use the full functionality of the Website, the User has the right to appropriately configure their Account and the option to use the Paid Packages, which guarantee additional functionalities within the created Account.
2. Through the created Account, and with the forms available on the Website, a User can:
a) Create and add online Tests on any topic, as long as they are compliant with the applicable law, with good customs, and with the principles of social coexistence;
b) Use the information posted on the Website, as well as the assistance of the Service Provider, via an appropriate e-mail message;
c) Make online Tests available to a selected group of Respondents;
d) Manage the conducted online Tests via the Website.
5. The Service Provider's Rights and Obligations
5.1. The Service Provider obliges to exercise due diligence when providing the Services.
5.2. The Service Provider reserves the right to introduce limitations on the use of the Website during periods of necessary maintenance work, work to improve the functionality of the Website, and work to improve its technical service. However, the Service Provider also obliges to make every effort to ensure that the above-mentioned breaks take place only during the night and are as brief as possible.
5.3. The Service Provider reserves the right to modify the Terms and Conditions. Any changes made shall enter into force once they are published on the www.testportal.net website or any related websites. Any activities completed by the Users prior to changing the Terms and Conditions shall be considered as per the provisions which were applicable at the given time.
5.4. A User who does not agree to the new Terms and Conditions may stop using the Website.
5.5. The Service Provider reserves the right to apply admonitions, temporarily suspend, and ultimately to delete the Accounts of Users who, even though they have been previously warned, break the provisions of the Terms and Conditions with their actions, hinder the use of the Website by other Users, or use the Services provided within the scope of the Website contrary to their intended purpose.
5.6. The Service Provider reserves the right to remove any content which violates the provisions of the Terms and Conditions.
5.7. The Service Provider may block access to the User's online Tests if they contain content which is contrary to the law, contrary to decency, racist, pornographic, insulting to the Respondent, phishing, collecting unreasonable personal data, or is inconsistent with the Service Provider's interests.
5.8. The Service Provider reserves the right to fully limit the User’s access to the Website functions and online Tests, as well as to the collected results of the Tests, once the Paid Packages and the trial version of the Account have expired.
5.9. Each User and Respondent may use either of the following e-mail addresses, firstname.lastname@example.org or email@example.com, to report any content which blatantly violates the provisions of the Terms and Conditions.
6. The Protection of Personal Data
6.1. The protection of personal data on the Website takes place on the basis of the provisions of Regulation (EU) 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), and the Act of 10 May 2018 on the protection of personal data, as well as any other relevant provisions regarding the protection of personal data.
6.2. The Controller of the personal data is Testportal.
6.3. The User can access their own personal data in order to verify, modify, or delete such data from the Service Provider's database. They can do this via their Account or by sending a message to either of the following e-mail addresses: firstname.lastname@example.org or email@example.com.
6.4. Personal data is processed by the Service Provider only for the purpose of the proper implementation of the provision of the Services as referred to in par. 2. III. of the Terms and Conditions.
6.5. The Respondent's personal data is used for the purpose indicated by the User, who shares an online Test via the Website, and this data is not made available to any third parties for marketing purposes.
6.6. The personal data of the Users can be made available to other persons or institutions for marketing purposes only after obtaining the explicit consent of the User.
7.1. Users and Respondents may file a complaint if the Services outlined in the Terms and Conditions are not implemented by the Service Provider, or if the Services are implemented contrary to the provisions of the Terms and Conditions.
7.2. The above is applicable only to the Users and Respondents being consumers within the meaning of the provisions of the Act of 23 April 1964 – The Civil Code, or entrepreneurs who are referred to in art. 5564 and art. 5565 of the Act of 23 April 1964 – The Civil Code.
7.3. A complaint should contain the following: name and surname of the User or Respondent, their e-mail address, the date of noticing, a description of the objections which are being raised, and the request of the claimant.
7.4. Should the data or information provided in the complaint require any supplementation, the Service Provider, prior to processing the claim, will contact the person submitting the claim and ask them to supplement the information within the specified scope and deadline.
7.5. The Service Provider is obliged to take a stand regarding the claim submitted by the User or Respondent regarding the functioning of the Website within 14 days from the date of submission.
7.6. No reply from the Service Provider after the deadline indicated in par. 5 results in the complaint being considered as a justified one.
7.7. In case a complaint is considered a justified one, the Service Provider shall return the price of the Paid Package within 14 days to the User's bank account, via postal order to the address specified by the User, or to the User's payment card in the case of an authorized payment system.
7.8. A reply to the complaint is sent to the e-mail address specified by the User or Respondent, unless they request to receive the reply by post.
7.9. Any complaints regarding the functioning of the Website should be sent to either of the following e-mail addresses: firstname.lastname@example.org or email@example.com.
8. Withdrawal from the Agreement
8.1. A User being a consumer under the provisions of art. 221 of the Act of 23 April 1964 – The Civil Code, or an entrepreneur referred to in art. 5564 and art. 5565 of the Act of 23 April 1964 – The Civil Code, has the right to withdraw from a remote agreement without specifying a reason within 14 days from starting the provision of the Services.
8.2. The User is not entitled to the above in the following cases:
a) The provision of Services — If the Service Provider has provided a Service in full with the explicit consent of the User, who was informed before the commencement of the Service that upon the completion of the Service by the Service Provider they will lose the right to withdraw from the Agreement;
b) Agreements for the provision of digital content not stored on a tangible medium — If the provision of the Service has started with the explicit consent of the User before the expiration of the deadline for withdrawing from the Agreement and after being informed by the Service Provider of losing the right to withdraw from the Agreement.
8.3. The right referred to in par. 8.1. herein is not applicable to the conclusion of an agreement for the provision of Services by electronic means, and therefore is not applicable to a situation when the provision of the Services has started with the explicit consent of the User before the expiration of the deadline for withdrawing from the Agreement and after being informed by the Service Provider of losing the right to withdraw from the Agreement.
8.4. The instruction contained in par. 8.3 results from the specific nature of the Services provided by the Website (i.e., the provision of digital content not stored on a tangible medium), as well as the provision of the Services, if the Service Provider has delivered a Service in full with the explicit consent of the User.
8.5. The provisions of this paragraph are not applicable to Users who are not consumers within the meaning of art. 221 of the Act of 23 April 1964 – The Civil Code (i.e., the persons carrying out legal transactions directly related to the business or professional activity they conduct on their own behalf), or entrepreneurs as referred to in art. 5564 and art. 5565 of the Act of 23 April 1964 – The Civil Code. In their case, the right to withdraw from the Agreement for the provision of Services by electronic means is absolutely excluded.
9.1. Any content (this including photos, texts, graphics, and logos) made available on the Website is subject to legal protection resulting from personal or economic copyrights, and belongs directly to the Service Provider, to the Users, or to any other entities publishing on the Website with the Service Provider's permission.
9.2. It is forbidden to copy photos and other graphic materials on the Website, as well as to reprint the texts published on the Website. This includes sharing them on the Internet without the written permission of the Service Provider or any other third party who is in possession of the copyrights to them.
9.3. It is also forbidden for any external entities to download any photos from the Website and use them for marketing and commercial purposes.
9.4. Using the above-mentioned materials without the written permission of the Service Provider, the Users, the Respondents, or any other parties publishing on the Website with the permission of the Service Provider, is against the law and may be the basis for initiating civil and criminal proceedings against the persons who are involved in such dealings.
9.5. Testportal hereby declares that it does not make the tests created by the Users available to any third parties, be it for a fee or free of charge.
10.1. The User is responsible for the provided data, content, and materials, as well as for any third parties who in any way gain access to an Account or to the online Tests.
10.2. The User downloads and obtains any data and content provided by the Service Provider at their own risk.
10.3. The Service Provider obliges to make every effort that the content shared via the Website is compliant with the provisions of the Terms and Conditions. Nevertheless, the Service Provider does not verify the reliability and authenticity of the content published by the User or by the Respondent.
10.4. Both the Service Provider and their suppliers do not guarantee that the Website will be free of errors and that the access to it will be constant and uninterrupted.
10.5. In addition, the Service Provider is not liable for:
a) Any damage caused to third parties resulting from the Users or the Respondents using the Services in a manner not compliant with the Terms and Conditions or with the provisions of the law;
b) Any content made available by the Users or the Respondents, meaning content which violates the law or any legally protected third party rights;
c) The content of the online Tests published on the Website by the Users;
d) The results of the online Tests published on the Website;
e) The provision of false or incomplete data and information by the Users and the Respondents;
f) Non-compliance with the provisions of the Terms and Conditions on the part of the Users.
10.6. The Service Provider is not liable for issues with or interruption of the operation of the Internet network which may make it impossible for the User or the Respondent to use the Website. In particular, the Service Provider is not liable for any losses incurred by the User or the Respondent as a result of losing data or not being able to transfer data, which may be caused by interruptions in the access to the Website or by interruptions in the operation of the Internet network.
10.7. The Service Provider is not liable for any damage caused as a result of the User incorrectly using the Website; in particular, for the disclosure of Account passwords, disclosure of personal data, and for any damage resulting from ceasing the provision of the Services and deleting the Account of a User violating the Terms and Conditions or the provisions of law, as well as any damage resulting from the modification of the online Test code, or the incompetent use thereof.
10.8. The User is obliged to repair the damage which the second party has suffered as a result of non-performance or incorrect performance of the duties outlined in the Terms and Conditions and the commonly applicable norms by the Users, unless their non-performance or incorrect performance was a result of circumstances for which the User is not liable.
10.9. The Service Provider is not liable for any damage resulting from the cessation of the provision of the Services to a User who is violating the Terms and Conditions, this includes damage resulting from the deletion of the Account of the User who is violating the Terms and Conditions.
10.10. The total amount of the liability of the Service Provider towards the user for any potential damage (damnum emergens) and for lost profits (lucrum cessans), is limited:
(i) Up to the amount of remuneration the Service Provider has received from the User for the last 6 months in relation to the performance of the Agreement — if the total time of the provision of the Services exceeds 6 months;
(ii) Up to the amount of remuneration the Service provider has received from the User in relation to the performance of the Agreement — if the total time of the provision of the Services did not exceed 6 months.
10.11. The above does not apply to the User not being a consumer under the provisions of the Act of 23 April 1964 – The Civil Code.
10.12. Neither the Service Provider, the User, or the Respondent are liable for damage or loss of data resulting from force majeure.
11. Final Provisions
11.1. Any disputes between the Parties will be settled amicably. However, if there is no possibility of settling a dispute amicably, the competent Court will be the local court for the seat of the Service Provider.
11.2. The above provision is not applicable to consumers under the provisions of the Act of 23 April 1964 – The Civil Code, where any disputes between the Parties will be settled amicably or in the presence of an independent and impartial mediator. However, in case it is not possible to settle the dispute amicably, this including via mediation, the jurisdiction of the Court will be determined on the basis of the provisions which are generally applicable in the Republic of Poland.
11.3. In any matters not covered by the Terms and Conditions, the relevant provisions of Polish law will be applicable; in particular, the Act of 23 April 1964 – The Civil Code, the Act of 18 July 2002 on providing services by electronic means, and the Act of 30 May 2014 on Consumer Rights, as well as any other relevant acts.
11.4. Testportal reserves, to the extent which is permissible in compliance with the applicable regulations, the right to make changes and modifications of the Terms and Conditions in case of the occurrence of significant reasons related to the technical or substantive aspect of the operation of the Website. The changes will be published on an ongoing basis on the Service Provider's Website. The changes to the Terms and Conditions cannot breach the rights of the Users which the Service Provider has already acquired.
11.5. The Terms and Conditions are valid beginning on June 2, 2022.