Regulations

REGULATIONS FOR THE PROVISION OF SERVICES WITHIN THE HEART-NUMEROLOGY.COM WEBSITE

 

1 - General provisions

These Regulations set out the rules for providing Services electronically on the www.heartnumerology.com website, the rules for using the Services and the rules for protecting Users' personal data, as well as their rights and obligations.

The User is obliged to become familiar with the provisions of these Regulations before using the Service. Before concluding the Agreement, the Operator shall make these Regulations available to the Users free of charge in the information and communication system in a manner that allows its downloading, recording and printing.

From the moment you start using the Service, you are obliged to comply with the provisions of these Regulations.

2 - Definitions

Operator - Kaja Bochniak Serce4all, NIP: 5213480860,heartnumerology@gmail.com

Website - the Internet portal operating at the Internet address www.heart-numerology.com

operated by the Operator under the conditions specified in the Regulations.

Digital service - a service that allows the User to: generation, processing, storage or access to data in digital form or sharing of data in digital form that has been transmitted or produced by the consumer or other users of this service, or other forms of interaction through data in digital form.

Digital content - data produced and delivered in digital form.

User - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, who uses the Services provided by the Operator through the Website, based on the provisions of the Regulations.

Courses - online training courses, webinars prepared by the Operator, sold through the Service.

Analysis/forecast - personalized numerological analysis in PDF form created by the Operator, sold through the Website.

Service - enabling Users to purchase a Course or Analysis through the Website.

Purchase form - a form through which it is possible to purchase a service. The user is required to provide name, surname, email address and payment details through an external platform PayU.com

Numerology form - a form that contains the data necessary for the service, i.e. names, date of birth, signature or other.

Digital environment - computer hardware, software and network connections used by the User to access or use Digital Content or Digital Service. The minimum technical requirements are indicated by the Operator in these Regulations.

Agreement - means a contract for paid provision of the Service concluded between the Operator and the User.

Newsletter - an electronic form of a newsletter sent out via e-mail.

Regulations - this document.

3 - Principles of Service Provision

The Service is an online platform of an educational nature, through which Users can purchase Packages and Courses on numerological and developmental topics prepared by the Operator. The platform also contains other content in the form of a blog and information on news and events.

The Operator shall make every effort to ensure that the Services provided comply with the highest standards, and thus with the Order placed by the User. To this end, it takes care of their quality, completeness, functionality, compatibility, interoperability, availability of technical support, proper and specific description of the Services provided and the Digital Content provided as part of them, and ensures that they are updated if necessary and required by law or evolving technology, or if it itself wishes to improve their quality.

The digital content sent by the Operator as part of the Services provided shall be up-to-date according to the Operator's state of knowledge and experience as of the date of its preparation.

The Contract is concluded when the User pays for the Course or Package.

In order to use the Service, the User should select a Package or a Course from the list of currently available ones, and then click "Order" to go to the page collecting data for payment.

After providing name, surname and email address and agreeing to the processing of personal data, the User will be redirected to the website of PayU.com to make payment.

Provision of the Service is made exclusively by electronic means.

The operator has the right to entrust the day-to-day operation of the Service to a third party, to which the user agrees by accepting the Terms of Service.

The user should meet the following requirements in order to use the Service:

  • Internet connection, with an upload speed of not less than 3mbps and a download speed of not less than 3mbps
  • installed web browser in the current version (Opera 12, Safari 5, Chrome 23 or newer) with Java Script software installed
  • installed software to read files in *.PDF, *.DOC, *.DOCX format
  • an active and properly configured e-mail account (the Operator recommends that the User check whether e-mails with the Service domain do not go to the "spam", "offers" or other than "main /received" mailbox. The Operator has no control over this and it depends on the User's email box settings and/or the provider of the email box used).
  • The heart-numerology.com website is optimized for a minimum resolution of 1024×768.

The Operator reserves the right to modify the technical implementation of the Service.

The Operator provides the Service 24 hours a day.

If the user does not fully accept the rules set forth in these Regulations or the equipment she/he uses does not meet the technical requirements set forth in the Regulations, further use of the Service is not possible.

PROVISION OF DIGITAL CONTENT OR SERVICES

The Operator shall deliver the ordered Service to the User within the time period indicated in the description or offer of the Service.

Digital Content shall be deemed delivered when the Digital Content or a means that allows access to the Digital Content or downloading of the Digital Content, has been made available to the User or to a physical or virtual device that the User has independently selected for this purpose, or when the User, or such device, has accessed it.

The Digital Service shall be deemed delivered when the User or the physical or virtual device that the User has independently selected for this purpose has accessed it.

If the User provides an invalid e-mail, enters it incorrectly, or fails to ensure the conditions of e-mail deliverability in accordance with the Terms and Conditions, she/he is liable for failure to deliver the ordered Service. He or she is advised to contact the Operator to clarify the matter and bring about the delivery of the ordered Service.

The Operator informs that the Digital Content of the ordered Service may fall into the folder "spam" or "other" or the like. The Operator has no control over this. The User should take steps to mark the Operator as a trusted recipient and add it to the inbox, which may support the deliverability of the Service to the inbox. The User should contact an IT specialist who can help the User configure the email inbox accordingly.

4 - Provision of Service - Purchase of Analysis and Forecast

Provision of the Service is possible only after completing both the purchase form and the numerology form and accepting the Terms and Conditions.

After payment, a numerology form will be sent to the User's email address, collecting the following personal information: first names, last names, date of birth, signature and others depending on the Package purchased.

After filling out the numerology form, the order will be processed and the user will receive an email containing a PDF with the ordered analysis in a short time.

The user uses the content in the package exclusively for himself. Which means that he does not distribute the content and form of analysis for commercial or non-commercial purposes. He does not give the login password to the Courses to third parties who have not paid for the service.

5 - Provision of Service - Purchase of Courses

Provision of the Service is possible only after completing both the purchase form, and acceptance of the Terms and Conditions.

After payment is made, information with login information for the course will be sent to the User's email address.

The User uses the content of the Course exclusively for himself. Which means that he/she does not distribute the content and materials of the Course for commercial or non-commercial purposes, and does not provide the login password for the Course to third parties who have not paid for the service.

6 - Rights and Obligations of the User

The user is obliged to:

  • Take responsibility for one's mental and physical health. The services are designed for emotionally stable people who do not take psychotropic drugs and antidepressants, and are not for people with mental problems and who require constant psychological, psychiatric care,
  • Use the Website in a manner that does not interfere with its operation,
  • Use the Service in a manner consistent with the Regulations, the laws of the Republic of Poland and the provisions of the Regulations, social norms and customs and the rules of social coexistence on the Internet (netiquette), and in particular to:

- not to post content that supports radical social attitudes or proclaims such views (any kind of racial, ethnic, gender, religious discrimination, etc.),

- not to post vulgar content or content containing vulgarities,

- not to post content that is commonly considered offensive and inconsistent with good morals,

- not to post content that promotes the use of drugs or unauthorized drugs, promotes excessive alcohol consumption, contains links to websites that violate the law or good morals or contains personal information, contact details or email addresses,

- Non-dissemination of pornographic content,

- not to engage in commercial, advertising, promotional activities,

- It is unauthorized to perform any penetration and security tests regarding the heart numerology.com website.

The user undertakes not to violate the rights, in particular the property rights of copyrights or goods of third parties.

The user is solely responsible for the information she/he posts on heartnumerology.com, in particular, she/he is responsible for any violation of the rights or property of third parties and damages resulting therefrom.

It is forbidden for the User to provide heartnumerology.com with unlawful content.

In addition, the User has the right to uninterrupted access to the Service, subject to § 6.2(a) and § 8 of the Regulations.

The User is not entitled to record or publish the Courses made available as part of the provision of the Service without the consent of the Operator.

7 - Rights and Obligations of the Operator

The operator is obliged to:

  • Ensure uninterrupted access to the Service,
  • Promptly repair the faults in the provision of the Service reported by the User.

The operator has the right to:

  • temporary cessation of maintenance of the Service due to maintenance activities or related to modification of the Service and due to force majeure,
  • Sending technical messages related to the operation of the Service and the performance of the Service to Users' e-mail addresses,
  • removal of a given Course from the offer presented on the Service, with retention of access to the Courses for Users who have made payment for the removed Course.

8 - Liability of the Operator

The Operator is not responsible for any actions of the User.

The Operator is not responsible for the results related to the knowledge acquired by the User through the Course.

The Operator is not responsible for the mental state of the User.

The Operator is not responsible for service interruptions resulting from failures or cases of malfunction of ICT systems beyond the Operator's influence.

The Operator is not responsible for technical problems or technical limitations in the User's computer equipment that prevent him from using the Website.

The Operator shall not be liable for infringement of the rights of third parties and causing damage to third parties as a result of or in connection with the activities carried out by the User, in particular in the case of infringement of copyright and other intellectual property rights of third parties by the Users.

The Operator shall exercise due diligence due to the professional nature of its business in creating the Courses.

9 - Complaints

The User is entitled to file complaints related to the provision of the Service by the Operator.

The Operator shall be liable for the non-conformity with the Agreement of the Digital Content or Digital Service that existed at the time of delivery and became apparent within two years from that time, in accordance with the provisions of the Consumer Rights Act.

The Operator shall make every effort to ensure that the Newsletter Service, Digital Content and Digital Services comply with the Agreement and that the User may use them in accordance with the Agreement. To this end, it shall inform the User clearly and comprehensibly in these Terms and Conditions of all relevant requirements, including on the User's side.

If the Newsletter Service, Digital Content or Digital Service is not in compliance with the Agreement, the User may demand that it be brought into compliance with the Agreement.

The Operator shall not be liable for non-compliance of the Digital Content or Digital Service with the Agreement if the User's digital environment is not compatible with the technical requirements of which the Operator informed the User in a clear and understandable manner prior to the conclusion of the Agreement in these Terms and Conditions or in the description of the Digital Content or Digital Service in question, or if the User, informed in a clear and understandable manner prior to the conclusion of the Agreement of the obligation to cooperate with the Operator to a reasonable extent and with the least burdensome technical means to determine whether the non-compliance of the Newsletter, including Digital Content or Digital Service with the Agreement in a timely manner is due to the characteristics of the User's digital environment, fails to comply with this obligation.

The complaint should be submitted electronically to heartnumerology@gmail.com .

The complaint notification should contain in the title the word "Complaint" and the User's data, a description of the reported objections, indication of the service to which the Complaint relates, the circumstances justifying the User's Complaint and the date and time when the malfunction took place.

Complaints will be processed within 30 days of receipt. The Operator will inform the User about further proceedings at the e-mail address of the complainant or in the same way the User contacted the Operator or in another way agreed with the User.

The Operator will process the User's personal data in order to process the complaint in accordance with the Privacy Policy and the Terms and Conditions.

In response, the Operator will indicate whether she/he recognizes the complaint and how she/he intends to handle it or by informing about the lack of grounds for recognition of the complaint with the reasons for its position.

The User is obliged to provide the Operator with additional information on the malfunction of the Service upon request.

10 - Order cancellation and withdrawal from the contract

The User  agrees to deliver the Package before the expiration of the withdrawal period and declare that you have been informed of the loss of your right to withdraw from the contract.

If the Service or Digital Content has not been delivered within the timeframe indicated in the description or offer of the Service, the User may withdraw from the contract.

The user has the right to withdraw from the contract for the purchase of the Course no later than 10 days before the start of the course. The user accepts that due to the form of the offered service, i.e. courses in the form of access to individual platforms with educational materials, withdrawal from the contract is not possible from the moment when the above accesses were delivered to the user at the email address provided by the user.

The User agrees that the Operator will perform the Service in full, after which the User will no longer have the right to withdraw from the Agreement.

11 - Dispute resolution

In the event of a dispute arising from the provision of the Service by the Operator to the User, negotiations will be conducted in the first instance to resolve the dispute amicably. The User and the Operator agree to negotiate in good faith and to involve persons with the authority to make binding decisions in these discussions.

If the User and the Operator do not reach an agreement within 30 days from the start of negotiations, the dispute will be submitted to a common court of competent jurisdiction of the Respondent.

In the case of disputes involving consumers, notwithstanding the provisions set forth in paragraphs 11(1) and 11(2) of the Terms and Conditions, the consumer may use out-of-court methods of handling complaints and pursuing claims. Wanting to take advantage of the possibility of amicable resolution of disputes involving online purchases, the consumer can file a complaint through the EU online ODR platform available at www.ec.europa.eu/consumers/odr

12- Force Majeure

The Operator shall not be liable for interruptions in the functioning of the Service and interruptions in the provision of the Service occurring as a result of force majeure, understood as an event that could not be foreseen and whose consequences could not be prevented.

In particular, catastrophic acts of nature (e.g., fire, flood, earthquake, hurricane) acts of legislative and executive authority, disorders of collective life (e.g., wars, riots, states of emergency) and the malfunction of the servers through which the Service operates are considered force majeure.

In the event of an event of force majeure, the Operator is obliged to immediately inform the User about the interruption of the Service and provide the reason for it.

13 - Copyright

  • All materials in the form of templates or forms, graphics, photographs, iconography, audio-visual works, literary works (e-books), trademarks, logos, programs, made available to the User due to participation in the Courses or webinars and granting access to the Packages/Prognoses or other educational materials, constitute works within the meaning of the Act of February 4, 1994 on Copyright and Related Rights, to which all property copyrights and moral copyrights are vested in the Operator.
  • Acquisition by the User of the materials indicated in paragraph 1 (above), does not constitute acquisition by the User of property or personal copyrights in these products - the User is entitled to use them only for his own purposes.
  • The Operator grants the User, to the materials acquired by him, a non-exclusive license to use them for an indefinite period of time (if not specified in the product description on www) or specified in the product description on www.
  • It is unacceptable for the User to reproduce, sublicense, modify, copy, distribute, transmit, display, reprint, further resell, publicly reproduce, make available to the public:
    a) the Service belonging to the Operator, including its elements or parts, through the Internet or any other channel or source,
    b) Packages/Prognosis, Courses, e-books, webinars, except in cases provided for in the generally applicable laws in this regard.
  • The Operator reserves the right to post advertising content on the Website regarding its own products or services and those of third parties.
  • The operator reserves the right to terminate or remove access to products or services. This right will be indicated in the description of the respective service or product.
  • Violation of the Operator's copyright may result in civil or criminal liability on the part of the violator.

14 - Data protection and privacy policy

In accordance with the Act of May 10, 2018. on Personal Data Protection (i.e. Journal of Laws of 2019, item 1781, i.e., as amended), the User consents to the processing of his personal data by the Operator.

The administrator of Users' personal data is the Operator, which carries out the processing of personal data in accordance with the law.

In accordance with the provisions of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended), the User may give his/her consent by checking the checkbox to receive commercial and marketing information of the Operator on the Website at his/her e-mail address.

The Operator processes the personal data of Service Users only for the proper implementation of the Service and the proper maintenance of the Service, as specified in the Terms of Service, using the necessary personal data that the User enters in the Agreement.

The Operator shall each time determine the data that are necessary to provide the Service and maintain the Service. The Operator may also process data other than personal data that are not necessary for the provision of the Service and maintenance of the Service only with the prior consent of the User or the Operator.

The Operator is in possession of the Users' IP addresses, stored for the duration, of the provision of the Service.

Users' personal data will be transferred to third parties to the extent necessary for the proper provision of the Service.

The Operator attaches great importance to the privacy of Users and to the protection of their personal data. The Operator, as a data controller, cares about the security of personal data provided by Users. This data is particularly protected and secured from access by unauthorized persons. The Operator provides Users with the exercise of their rights under the Personal Data Protection Act, in particular the right to inspect their own data, the right to request updates of their data, and the right to object in cases specified in the Act.

The information contained in the system logs (e.g. IP address of Users) is used by the Operator for technical purposes.

The Operator declares that it uses cookies, to which the User agrees.

Users' personal data may be used by the Operator for marketing purposes, and in particular for sending, posting and receiving commercial information electronically, only after the User has given his consent to such processing.

In the case of personal data processed by the Operator for purposes other than those necessary for the provision of Services and maintenance of the Website, the User may submit a request to the Operator to stop processing his/her personal data. Such request shall be granted by the Operator immediately.

The Operator reserves the right to disclose selected personal data of the User to the competent state authorities, which will make a justified request for such information on the basis of the relevant legal basis and in accordance with the provisions of the applicable law. The Operator undertakes to immediately inform the User whose data is to be disclosed.

15 - Operator contact information

All written or electronic correspondence should be addressed to the following contact details of the Operator:

e-mail address: heartnumerology@gmail.com

address: Kaja Bochniak, ul. Kolejowa 47a/127, 01-210 Warsaw/ Poland

16 - Final provisions

Regulations come into force on 23.10.2023

The Operator processes personal data in accordance with the Privacy Policy posted at: http://heart-numerology.com

In matters not regulated in the Regulations, the provisions of the Law on Provision of Electronic Services and the Civil Code shall apply.

The Operator has the right to unilaterally amend the Terms and Conditions for important reasons. The following are considered valid reasons: introduction of new, amendments to the applicable legislation, adjustment to changes in the offer of the Service Provider.

The Operator shall notify Users of the content of the changes by posting an announcement of the amended Terms of Service on the Portal. Amendments to the Terms and Conditions shall become effective 7 days after the amended text of the Terms and Conditions is posted on the Portal and Users are informed.