TERMS AND CONDITIONS OF USE

  1. GENERAL PROVISIONS

1.1. These Terms and Conditions (“Terms”) govern the use of the Fashype online service available at www.fashype.com (the “Service”), operated by Tone Creation Studio, with its registered office in Kraków, Poland, at Powstania Warszawskiego 15, 31-539 Kraków, Poland, registered in the Central Register and Information on Economic Activity (CEIDG), NIP: PL9970136331 (the “Operator”).

1.2. The Service provides Users with access to free and paid educational content, including video materials, courses, training materials, and other digital content made available through the Service.

1.3. These Terms set out the general rules governing the use of the Service and constitute the legal basis for the provision of electronic services by the Operator.

1.4. Any person who intends to use the Service is required to read these Terms before using the Service.

1.5. By accessing or using the Service, creating an account, purchasing a subscription or purchasing individual digital content, the User confirms that they have read, understood and accepted these Terms and agree to comply with them.

  1. DEFINITIONS

For the purposes of these Terms, the following definitions shall apply:

Service – the Fashype website available at www.fashype.com and any other websites or digital platforms operated by the Operator through which the Operator provides electronic services to Users.

Operator – Tone Creation Studio, with its registered office in Kraków, Poland, at Powstania Warszawskiego 15, 31-539 Kraków, Poland, NIP: PL9970136331.

User – an individual using the Service who has access to the Service either free of charge or through a paid subscription or individual purchase. The Service is available only to persons who are at least 18 years old and have full legal capacity.

Service / Access to the Service – an electronic service provided by the Operator through the Service, including access to a catalogue of free and paid Products and the streaming of video materials under the conditions set out in these Terms.

Content – digital educational materials made available through the Service, including video courses, video lessons, recordings, presentations, educational materials, documents, graphics and other digital resources.

Product – a course, video course, training, educational programme or other digital content offered through the Service.

Subscription – a recurring paid access plan under which the User receives access to the Content included in the selected subscription plan for successive billing periods.

Individual Purchase – a one-time payment made by the User for access to a specific Product or selected digital Content without the need to maintain an active Subscription.

Billing Period – the period for which a Subscription is active following payment of the applicable subscription fee. Unless otherwise stated on the Service, the Billing Period is 30 days.

Account – the User’s individual account created on the Service, where applicable, enabling access to the Content and features available to the User.

  1. ACCESS TO THE SERVICE

3.1. General access

3.1.1. The Service may offer both free and paid Content.

3.1.2. Paid Content may be available through two different purchasing models:

  1. a) a recurring Subscription, providing access to Content included in the selected subscription plan; or
  2. b) a one-time Individual Purchase, providing access to a specific Product or digital Content purchased by the User.

3.1.3. The availability of a particular purchasing model may vary depending on the Product and the offer currently presented on the Service.

3.2. Subscription access

3.2.1. Under the Subscription model, the User does not purchase individual courses unless expressly stated otherwise. Instead, the User obtains temporary access to the Content included in the selected Subscription plan.

3.2.2. The price of the Subscription is displayed on the Service before the User completes the purchase.

3.2.3. Unless otherwise stated on the Service, the Subscription is charged in recurring 30-day billing periods.

3.2.4. By purchasing a Subscription, the User authorises the applicable payment provider to process recurring payments according to the selected Subscription plan.

3.2.5. Access to Subscription Content remains active as long as the Subscription remains valid and the applicable payments are successfully processed.

3.2.6. If a recurring payment cannot be successfully processed, the Operator or payment provider may attempt to process the payment again in accordance with the applicable payment provider’s procedures.

3.2.7. The Subscription may be cancelled by the User in accordance with the cancellation procedure available on the Service or through the applicable payment provider.

3.2.8. Following cancellation, the User may continue to access the Subscription Content until the end of the already paid Billing Period, unless otherwise stated at the time of cancellation.

  1. INDIVIDUAL PURCHASES OF DIGITAL CONTENT

4.1. In addition to Subscription access, the Service may allow Users to purchase selected Products or video materials through a one-time payment.

4.2. An Individual Purchase does not require the User to subscribe to a recurring Subscription.

4.3. Before completing an Individual Purchase, the User will be informed of:

  1. a) the name and description of the Product;
  2. b) the price of the Product;
  3. c) the applicable taxes, where required;
  4. d) the scope and duration of access to the Product, where applicable; and
  5. e) any other material conditions of the purchase.

4.4. Once the payment for an Individual Purchase has been successfully completed, the purchased Product will be made available to the User in accordance with the conditions displayed at the time of purchase.

4.5. An Individual Purchase grants the User a personal, non-exclusive and non-transferable right to access and use the purchased Content solely for personal educational purposes.

4.6. Unless expressly stated otherwise on the Service, an Individual Purchase does not grant the User ownership of the Content or any intellectual property rights in the Content.

4.7. The User may not reproduce, distribute, publicly communicate, publish, resell, sublicense, share or otherwise make purchased Content available to third parties.

4.8. The User may not share their account or access credentials for the purpose of allowing another person to access purchased Content.

4.9. If the Product is offered with permanent or time-limited access, the applicable access period will be clearly indicated on the Service before the purchase is completed.

4.10. Individual Purchases and Subscription access are separate products. Purchasing an individual Product does not automatically create a Subscription, and having an active Subscription does not automatically entitle the User to permanent access to Products purchased separately.

  1. PRICES AND PAYMENTS

5.1. The prices of paid Services and Products are displayed on the Service at the time of purchase.

5.2. Unless otherwise stated, all prices displayed on the Service are gross prices and include VAT at the rate applicable under Polish law.

5.3. Payments may be made using the payment methods made available on the Service.

5.4. The Operator may use third-party payment service providers to process payments. The processing of payments may be subject to the terms and privacy policies of the relevant payment provider.

5.5. The User is responsible for ensuring that the payment information provided is accurate and valid.

5.6. The Operator is not responsible for interruptions or failures in payment processing caused by the User’s bank, card issuer or external payment provider, provided that such circumstances are beyond the Operator’s reasonable control.

  1. TECHNICAL REQUIREMENTS AND PROVISION OF THE SERVICE

6.1. Access to the Service requires:

  1. a) an active internet connection;
  2. b) a compatible internet browser;
  3. c) a device capable of displaying video and digital Content; and
  4. d) any other technical requirements reasonably necessary to use the Service.

6.2. The quality of video playback may depend on the User’s internet connection, device, browser, operating system and other technical factors outside the Operator’s control.

6.3. The Operator makes reasonable efforts to ensure continuous availability of the Service. However, temporary interruptions may occur, including due to maintenance, technical failures, updates or circumstances beyond the Operator’s reasonable control.

6.4. The Operator reserves the right to temporarily suspend access to the Service where necessary to carry out maintenance, updates, security measures or technical work.

  1. USER ACCOUNT AND SECURITY

7.1. Where an Account is required, the User is responsible for providing accurate and current information during registration.

7.2. The User is responsible for keeping their login credentials confidential and for all activity carried out through their Account.

7.3. The User must not provide their Account credentials to third parties or allow other persons to use their Account.

7.4. If the User becomes aware of unauthorised access to their Account, they should promptly contact the Operator at contact@fashype.com.

7.5. The Operator may suspend or restrict access to an Account where there are reasonable grounds to believe that the User has violated these Terms, misused the Service or infringed the rights of the Operator or third parties.

  1. INTELLECTUAL PROPERTY

8.1. All Content available through the Service, including video recordings, courses, educational materials, texts, photographs, graphics, designs, trademarks, logos and other materials, is protected by applicable intellectual property laws.

8.2. Unless expressly stated otherwise, all intellectual property rights in the Content belong to the Operator or its licensors.

8.3. Access to the Content does not transfer ownership or intellectual property rights in the Content to the User.

8.4. The User receives only a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Content for personal, non-commercial educational purposes.

8.5. The User may not:

  1. a) copy, reproduce or record the Content;
  2. b) download or redistribute Content unless such functionality is expressly provided by the Operator;
  3. c) sell, rent, sublicense or otherwise commercially exploit the Content;
  4. d) publish or make Content available to third parties;
  5. e) share access credentials;
  6. f) modify or create derivative works based on the Content; or
  7. g) use the Content for commercial training or educational purposes without the Operator’s prior written consent.
  8.  
  9. COMPLAINTS

9.1. The User has the right to submit a complaint concerning the operation of the Service, purchased Content or the provision of the Service.

9.2. Complaints may be submitted by email to:

contact@fashype.com

9.3. The complaint should, where possible, include a description of the issue, the User’s contact details and information allowing the Operator to identify the relevant purchase or Account.

9.4. Complaints will be reviewed within 14 business days of receipt.

9.5. The User will receive a response to the complaint by email or using another contact method provided by the User.

  1. RIGHT OF WITHDRAWAL

10.1. Where the User is a consumer within the meaning of applicable consumer protection laws, the User may have a statutory right to withdraw from a distance contract within 14 days from the date of conclusion of the contract, subject to the exceptions provided by law.

10.2. In the case of digital content that is not supplied on a tangible medium, the statutory right of withdrawal may cease once the performance of the contract has begun with the User’s prior express consent and after the User has acknowledged that they thereby lose their right of withdrawal, to the extent permitted by applicable law.

10.3. Accordingly, where required by applicable law, before accessing paid digital Content, the User may be asked to expressly consent to the immediate provision of the digital Content and acknowledge the resulting loss of the statutory right of withdrawal.

10.4. The provisions of this section apply both to Subscription access and to Individual Purchases of digital Content, to the extent permitted by applicable law.

10.5. Nothing in these Terms limits any mandatory consumer rights that cannot legally be excluded or restricted.

  1. PERSONAL DATA AND PRIVACY

11.1. The processing of Users’ personal data is carried out in accordance with applicable data protection laws.

11.2. Information regarding the processing of personal data, cookies and Users’ privacy rights is provided in the Fashype Privacy Policy and Cookie Policy available on the Service.

  1. LIMITATION OF LIABILITY

12.1. The Operator makes reasonable efforts to ensure that the Content available through the Service is accurate and useful. However, the Content is provided for educational and informational purposes.

12.2. The Operator does not guarantee that the use of the Content will result in any particular professional, financial, educational or business outcome.

12.3. To the extent permitted by applicable law, the Operator shall not be liable for interruptions caused by circumstances beyond its reasonable control, including failures of telecommunications networks, internet service providers, payment providers, hosting providers or other third-party services.

12.4. Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

  1. CHANGES TO THE TERMS

13.1. The Operator reserves the right to amend these Terms where there are legitimate reasons related to the operation, development, security or functionality of the Service, changes in applicable law, changes in payment systems or other material circumstances.

13.2. Users will be informed about material changes to the Terms through the Service or other appropriate communication channels.

13.3. Changes will become effective on the date indicated in the updated Terms, unless applicable law requires otherwise.

13.4. Continued use of the Service after the effective date of the amended Terms may constitute acceptance of the updated Terms to the extent permitted by applicable law.

  1. FINAL PROVISIONS

14.1. These Terms are governed by applicable Polish law, subject to mandatory consumer protection provisions applicable to Users in their country of residence.

14.2. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the extent permitted by applicable law.

14.3. These Terms are available electronically on the Service and may be saved or printed by the User.

14.4. By using the Service, purchasing a Subscription or completing an Individual Purchase, the User confirms that they have read and accepted these Terms.

Tone Creation Studio
Powstania Warszawskiego 15
31-539 Kraków, Poland
NIP: PL9970136331
Email: contact@fashype.com
Website: www.fashype.com

 

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