Mobile application regulations Test FUS

REGULATIONS OF THE MOBILE APPLICATION FUS Test

§1. General provisions

1. The primary task of the Application is to enable Users to test fundamental movement skills in sports.
2. The Service Provider provides Services in accordance with the Regulations and provisions of generally applicable law.
3. The Service Provider makes these Regulations available via the Application. Users may at any time: access the Regulations, record, obtain and reproduce them by saving them on a data carrier.
4. The information provided in the Application area does not constitute an offer within the meaning of Art. 66 of the Civil Code.
5. The Services are provided via the Application 24 hours a day, 7 days a week.
6. In order to use the Application using a mobile ICT device, the User must have:

• a mobile ICT device with access to the Internet,
• an active and correctly configured e-mail account,
• properly installed and configured operating system IOS – from version 13 to the current version or Android – from version 8 to the current version,
• access to the User Account.

7. Using the Application may involve the User incurring costs of fees for Internet access and data transmission, to the extent established in the contract with the telecommunications operator whose services the User uses.
8. The Application is used by reading its content.

§2. Account registration

1. To create a User Account, you must register voluntarily and free of charge. It is done by entering the user’s e-mail address into the registration form available in the Application area.
2. The condition for the correct creation of an account is its activation after clicking the activation link sent to the indicated e-mail address and creating a password for the account.
3. Before sending the registration form, by checking its appropriate box, the User should declare that he has read the Regulations and accepts their provisions.
4. The contract for the provision of the Service of maintaining a User Account is concluded for an indefinite period of time upon confirmation of its registration by the Service Provider.
5. The subject of this User Account Service is to provide the User Account panel, enabling, among others: management of User data or functionalities.
6. Using the User Account is possible after creating it and then logging in using the appropriate login and password.
7. Termination of the contract for the provision of the User Account Service may be made without giving a reason and at any time, using its functionality or by sending the User’s declaration on this subject to the Service Provider, e.g. by e-mail or letter.

§3. Test of fundamental mobility skills

1. The Service Provider provides Users with infrastructure enabling a free test of fundamental motor skills in sports.
2. In order to properly conduct the test of fundamental motor skills in sports, the User should take the next steps in accordance with the messages displayed in the Application area. If there are any doubts as to whether the participant is performing the test correctly, we recommend that you read the information available on the website fus.wfzawf.pl.
3. The Service Provider provides Users with the following functionalities of the Application:

• providing a school search engine,
• adding a participating class,
• adding a test participant,
• entering numerical ratings,
• providing a list of tests performed,
• taking photos and recording videos.

4. To search for a school, after logging in to the Teacher User Account, enter the desired content in the search engine area and then confirm it. The functionality allows you to search the Application resources using keywords entered by the User. Additionally, the functionality may enable you to perform an advanced search within selected criteria.
5. To use the functionality of adding a class participating in the test, after logging in to the Teacher User Account, add the class participating in the test to the list of classes. The subject of the functionality is the temporary saving in the memory of the User Account of the identification data of the class participating in the test.
6. To use the functionality of adding a test participant, after logging in to the User Account, add the participant to the list of participants. The subject of the functionality is the temporary saving of the test participant’s identification data in the memory of the User Account.
7. To enter a rating for a given physical activity, after logging in to the User Account, use the rating form by entering the declared rating. The functionality may allow you to give a rating on a marked scale.
8. To access the list of tests performed, after logging in to the User Account, use the button assigned to this list, published in the Application area. The subject of the functionality is the temporary saving in the memory of the User Account, the content and results of tests performed.
9. To take a photo or record a video, after logging in to the User Account, use the functionality of taking a photo or recording a video. In order to use this functionality, you must have a connected and properly configured video recorder.
10. Using some of the listed functionalities may require having a Teacher User Account and logging in to it.
11. The service provider allows you to generate and export a certificate containing the participant’s data and the result obtained during the test. The certificate is informative and presents the level of fundamental movement skills in sports, according to the scale included in the certificate.

§4. Complaint – non-compliance of the service provided with the contract

1. Complaints may be submitted due to the non-compliance of the Service provided with the contract, in accordance with applicable law, in particular in accordance with the provisions of Art. 43k et seq. of the Act of May 30, 2014 on consumer rights.
2. Complaints may be submitted by letter or e-mail to the postal or electronic address of the Service Provider. They can be submitted using the form, the template of which is attached to the Regulations, but this is not obligatory
3. It is recommended to include in the content of the complaint:

• the Consumer’s contact details, which will be used to respond to the complaint and conduct related correspondence,
• description of the problem and identification data of the Consumer

4. The Service Provider recognizes complaints within 14 days from the date of notification.
5. The Service Provider will inform the Consumer about how to resolve the received complaint electronically or by regular mail, depending on the Consumer’s will or the method of filing a complaint.

§5. Out-of-court handling of complaints and pursuing claims

1. The consumer has the opportunity to use the following out-of-court methods of dealing with complaints and pursuing claims:

• submitting an application for resolution of a dispute arising from a concluded contract to a permanent consumer arbitration court operating at the Trade Inspection, whose address, due to its jurisdiction, can be determined via the website of the Office of Competition and Consumer Protection, located at the URL https://www.uokik.gov .pl/wazne_adresy.php#faq596,
• submitting an application to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Service Provider to the voivodeship inspector of the Trade Inspection, whose address, due to its jurisdiction, can be determined via the website of the Office of Competition and Consumer Protection, located at the URL https://www. uokik.gov.pl/wazne_adresy.php#faq595
• using the help of a district or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
• submitting a complaint via the EU ODR online platform, available at the URL http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.

2. Detailed information about the procedure for out-of-court complaint handling and redress, as well as the rules of access to these procedures, can be found at the offices and on the websites of the entities listed in point 1.
3. A list of entities and institutions that carry out tasks related to out-of-court resolution of consumer disputes and detailed information on this subject can be found on the website of the Office of Competition and Consumer Protection, available at the URL https://www.uokik.gov.pl.

§6. Withdrawal from the contract

1. A User who is a Consumer or an Entrepreneur with consumer rights may withdraw from the contract without giving a reason within 14 days, subject to the standards specified in the information on withdrawal from the contract, which constitutes an annex to the Regulations.
2. The Consumer is not entitled to withdraw from a distance contract:

• in the event that the Service Provider provided the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Service Provider completed the service, he would lose the right to withdraw from the contract,
• in relation to contracts for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the Consumer’s express consent before the deadline for withdrawal from the contract expires and after the Service Provider informs him about the loss of the right to withdraw from the contract.

3. In other cases, you can withdraw from the contract by submitting a declaration of withdrawal to the Service Provider. The declaration can be submitted on a form, the template of which is an annex to the Regulations.
4. In the event of withdrawal from the contract, it is deemed not to have been concluded. If the Consumer submitted a declaration of withdrawal from the contract before the Service Provider accepted his offer, the offer ceases to be binding.

§7. License terms – use of the Application

1. Upon downloading and installing the Application or registering a User Account, the Service Provider grants the User a license to use and enjoy it, subject to these license conditions.
2. The Service Provider grants Users using the Application a free license for their own personal use and to enable the use of the Application, subject to these conditions.
3. Name of the Application, graphic design of the Application, structure of the Application, Application, source or compiled code of the Application, websites used to operate the Application and all documents developed by the Service Provider in connection with making the Application available, including related works, including the Regulations and other documents or messages sent in connection with the provision of the Services constitute works within the meaning of copyright law. The Service Provider does not transfer to the User the economic copyright to the Application or any works constituting its part, nor the right to grant permissions to dispose of the economic copyright to these works or the Application and to use them, as well as to exercise other dependent rights not reserved in the license terms. .
4. The right to use the Application and related works applies in the following fields of use: saving and reproducing in the memory of a telecommunications device at a place and time chosen by you, and access and display via a telecommunications device at a place and time chosen by you.
5. The User may not: rent, lease or resell the works or any part thereof, as well as create derivative works based on them, make changes to the works, remove information about ownership rights or copyrights that may appear in the works, use the works for purposes infringing applicable provisions of common law or ethical and moral standards.
6. By publishing any content in the Application, the User grants the Service Provider a free, unlimited in time, territorially and non-exclusive license to use it in the following fields of use: saving and reproducing in the memory of a telecommunications device at a place and time chosen by the User, access and display via via a telecommunications device at a place and time chosen by them, while retaining the right to grant sublicenses, in order to enable Users to use the Application.
7. By publishing content in the Application in which images of third parties are visible, whose consent is necessary for publication, the User declares that these persons have given their consent.
8. The User acknowledges that it is prohibited to provide content to or through the Application:

• unlawful,
• infringing the personal rights of Users, the Service Provider or third parties,
• generally considered offensive, vulgar or violating decency, in particular: pornographic content, content promoting the use of drugs or excessive alcohol consumption, content inciting racism, xenophobia or spreading hatred.

9. The Service Provider is entitled to remove or moderate content that violates the provisions of the Regulations.
10. The license is unlimited in time, unlimited in territory and non-exclusive, and applies to the entire Application and related works. The Service Provider retains exclusive rights to decide on maintaining the integrity of the Application.

§8. Data processing

1. Information about the conditions for processing personal data by the Service Provider can be found in the Application’s Privacy Policy.
2. Information about the cookies used can be found in the Application’s Privacy Policy.

§9. Validity and amendment of the regulations

1. The Regulations enter into force within 3 days from the date of their publication in the Application.
2. A change to the Regulations or termination of the Service provision agreement by the Service Provider may occur due to changes in legal provisions regarding the subject of the provision of Services, as well as due to technical or organizational changes regarding the services provided by the Service Provider, in particular in the following cases:

• change in the functioning of the Services or functionalities offered by the Service Provider, including withdrawal of the Service or functionality to which the provisions of the Regulations apply,
• introduction by the Service Provider of new Services or functionalities to which the provisions of the Regulations will apply,
• change of IT systems used by the Service Provider to which the provisions of the Regulations apply,
• change in legal provisions: regulating the Services offered by the Service Provider to which the provisions of the Regulations apply, affecting the provision of the Service, performance of the contract or the Regulations, change in tax regulations or accounting principles applied by the Service Provider, change or issuance of new court decisions, rulings of administrative bodies, recommendations or recommendations of authorized bodies, including the President of the Office or the Court of Competition and Consumer Protection – to the extent related to the provision of Services, performance of the contract or the Regulations,
• change by the Service Provider of the business model of its activities covered by these Regulations.

3. The Regulations are changed by publishing their new content in the Application area.
4. The Service Provider publishes information about changes to the Regulations in the Application area, no later than 3 days before the date of entry into force of its new wording. This information is published by making the uniform text of the Regulations available in the Application.
5. The Service Provider sends electronically information about changes to the Regulations or termination of the contract for the provision of Services, if the parties are bound by a contract concluded for an indefinite period.
6. If the changes to the Regulations are not accepted, the User is entitled to terminate the ongoing contract for the provision of Services electronically.
7. The Service Provider is entitled to terminate the applicable contract for the provision of Services electronically with a 14-day notice period.

§10. Final Provisions

1. The meaning of terms written with a capital letter is consistent with the explanations included in the section describing the definitions used in the Regulations.
2. The Service Provider is not responsible for:

• interruptions in the proper functioning of the Application and improper provision of Services caused by force majeure in relation to Users who are not Consumers,
• interruptions in the proper functioning of the Application and improper performance of Services for Users who are not Consumers, caused by technical activities or reasons attributable to the entities through which the Service Provider provides Services,
• benefits lost by Users who are not Consumers.

3. If it is not possible to amicably resolve a dispute between the Service Provider and a User who is not a Consumer or a Consumer who does not reside in the territory of the Republic of Poland in circumstances where such a possibility is permitted by the provisions of its domestic law, the court competent for the seat of the Service Provider shall be deemed competent to resolve the dispute.
4. In relation to Users who are not Consumers or to Consumers not residing in the territory of the Republic of Poland, if the provisions of their national law allow for such a possibility, the law of the Republic of Poland shall apply as the law applicable to the performance of the contract concluded with the Service Provider and the resolution of disputes related thereto.
5. The provisions of the Regulations are not intended to exclude or limit the rights of the User who is a Consumer arising from the provisions of generally applicable local law.
6. In relation to contracts concluded with the Service Provider, in the event of non-compliance of the Regulations with the provisions of law generally applicable in the Consumer’s country, these provisions shall apply.
7. If the provisions of the Regulations prove to be invalid or ineffective, this circumstance shall not affect the validity and effectiveness of the remaining provisions of the Regulations. Instead of invalid or ineffective provisions, the norm corresponding to what the parties have agreed or what they would have agreed if they had included such a provision in the Regulations will apply.

§11. Definitions used in the regulations

The Application is a Test FUS mobile application administered and managed by the Service Provider and made available to Users.

A Consumer is a User who is a natural person and concludes a contract for purposes not directly related to his or her business or professional activity.

User Account is a panel that allows you to manage User data or functionalities via the Application, provided that you register and log in.

Teacher User Accounts are a type of User Account dedicated to teachers, providing access to additional functionalities of the Application.

The Regulations are these contractual terms and conditions, the subject of which is the provision of Services electronically by the Service Provider to Users via the Application.

The Service is a service provided by the Service Provider to the User, based on an agreement concluded between the parties via Applications. The contract is concluded as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties.

The service provider is the Józef Piłsudski Academy of Physical Education, Branch in Biała Podlaska, based in Biała Podlaska (21-500) at ul. Akademicka 2, established under the Act of August 23, 1938 on the Józef Piłsudski Academy of Physical Education in Warsaw, REGON number: 000327830 and NIP: 5250011875, being the service provider, administrator and owner of the Application. You can contact the Service Provider by phone: 83 342 88 01 and by e-mail: hubert.makaruk@awf.edu.pl.

User is a natural person, provided that he or she has full legal capacity or limited legal capacity in cases regulated by generally applicable law or provided that he or she has the consent of a statutory representative, as well as a legal person or an organizational unit without legal personality for whose benefit provisions of generally applicable law grant legal capacity to the person who concludes a contract with the Service Provider for the provision of the Service.

INFORMATION REGARDING THE EXERCISE OF THE RIGHT TO WITHDRAW FROM THE CONTRACT

INSTRUCTION ON WITHDRAWAL FROM THE CONTRACT

As a Consumer, you have the right to withdraw from the contract concluded in our Application within 14 days without giving any reason, except for the cases indicated in the „exclusion of the right to withdraw from the contract” section. The deadline for withdrawal from the contract expires after 14 days from the date of conclusion of the contract.

In order to meet the deadline for withdrawal from the contract, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawal from the contract expires.

To exercise the right to withdraw from the contract, you must inform us: Józef Piłsudski Academy of Physical Education in Warsaw Branch in Biała Podlaska, ul. Akademicka 2, 21-500 Biała Podlaska, e-mail: hubert.makaruk@awf.edu.pl, about your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post or e-mail).

When withdrawing from the contract, you may use the model withdrawal form, but this is not obligatory. The form template is attached to the regulations for the provision of electronic services within the Application.

EXCLUSION OF THE RIGHT TO WITHDRAW FROM THE CONTRACT

The consumer is not entitled to withdraw from a contract concluded off-premises or remotely in relation to contracts:

in the event that the Service Provider provided the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Service Provider completed the service, he would lose the right to withdraw from the contract;
for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer’s express consent before the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract.

SAMPLE WITHDRAWAL FORM

(this form should be completed and returned only if you wish to withdraw from the contract)

Addressee : Józef Piłsudski Academy of Physical Education in Warsaw Branch in Biała Podlaska, ul. Akademicka 2, 21-500 Biała Podlaska | hubert.makaruk@awf.edu.pl

I/We(*) hereby inform(*) about my/our(*) withdrawal from the contract for the provision of the following service:

Date of conclusion of contract(*)/acceptance(*) :

First name and last name :

Address :

Signature :

(only if the form is sent in paper version) Date :

(*) Delete as appropriate.

COMPLAINT FORM

(this form can be completed and returned if you wish to file a complaint)

Addressee : Józef Piłsudski Academy of Physical Education in Warsaw Branch in Biała Podlaska, ul. Akademicka 2, 21-500 Biała Podlaska Name and surname or username :

User Address:

User’s telephone number:

User’s e-mail address:

The contact details that will be used to respond to the complaint and conduct related correspondence are:

Postal address:
e-mail adress:

The complaint concerns:

contracts for the provision of another service:
other:

Date of determining the cause of the complaint:

Description of the problem:

Complaint request:

Declaration in case of acting as an entrepreneur with consumer rights:

I declare that the concluded contract for the provision of services was directly related to my business activity, but it does not have a professional character for me, resulting in particular from the subject of my business activity pursuant to the provisions on the Central Registration and Information on Business. As proof, I list below the PKD for my business activity, published in CEIDG:

PKD No. ____________________ Description: ______________________

PKD No. ____________________ Description: ______________________

PKD No. ____________________ Description: ______________________

PKD No. ____________________ Description: ______________________

Date:

Signature of the submitter:

(only if the form is sent in paper version)