Terms and privacy policy

§ 1. Data Controller

The Data Controller of your personal data is:

ON Technologies Marcin Karkocha, ul. Szafarnia 11/F8, 80-755 Gdańsk, Poland, VAT-EU: PL7651606629,

operating under the brands LearnSynth and Caterpillar Garden (hereinafter: "Controller").

Data protection contact: contact@caterpillar.garden

§ 2. Data We Collect and Why

2.1. Newsletter

When you subscribe to the product newsletter, we collect:

• First name – to personalise communications
• Email address – as the newsletter delivery channel

Legal basis: Article 6(1)(a) GDPR – your consent. You may withdraw your consent at any time by writing to contact@caterpillar.garden.

2.2. Surveys (training demand, dates, locations)

Surveys are optional. If you choose to provide contact details, we collect:

• First name (required if you want a follow-up)
• Last name (optional)
• Email address (required if you want a follow-up)

Anonymous surveys require no personal data whatsoever.

Legal basis: Article 6(1)(a) GDPR – consent; Article 6(1)(f) GDPR – legitimate interest of the Controller (analysis of demand for training services).

2.3. Training Registration (sign-up form)

When registering for a training session, we collect:

• First and last name – participant identification
• Email address – communication, booking confirmation, delivery of materials
• Phone number – operational contact (changes, cancellations)
• Company name, VAT number, address – only if you request a VAT invoice
• Catering preference – for in-person trainings with catering only; options: standard (meat), vegan, or free-text notes (e.g. allergies). Used solely for meal logistics.
• Schedule availability – information about preferred participation dates

Legal basis: Article 6(1)(b) GDPR – conclusion and performance of a contract; Article 6(1)(c) GDPR – VAT invoicing (legal obligation). Catering data is processed for meal logistics purposes and does not constitute special category data under Article 9 GDPR unless it reveals health conditions or religious beliefs. If a participant voluntarily provides such information in the free-text notes field, they are considered to have given explicit consent by virtue of submitting that data (Article 9(2)(a) GDPR).

2.4. Payments via Stripe

Payments for trainings are processed through the Stripe platform. The Controller does not store payment card data. Payment data is processed by Stripe Payments Europe, Ltd. (a processor established in the EU). Data shared with Stripe includes: first name, last name, email address, transaction amount.

Legal basis: Article 6(1)(b) GDPR – performance of a contract.

DPA: The Data Processing Agreement (DPA) with Stripe is incorporated into the Stripe Services Agreement (stripe.com/legal/ssa). Stripe operates under EEA Standard Contractual Clauses (SCC) as per the Data Transfers Addendum (stripe.com/legal/dta). The full list of Stripe sub-processors is available at stripe.com/legal/service-providers.

2.5. Invoicing (InFakt + automation)

Following payment, the Controller issues a VAT invoice via the KSeF system, using automation based on the InFakt service. Data required for invoicing: first and last name or company name, address, VAT number (for businesses).

Legal basis: Article 6(1)(c) GDPR – legal obligation (Accounting Act, VAT Act).

§ 3. Data Retention

§ 4. Recipients — Sub-processors

In connection with its operations, the Controller uses the services of the following data processors acting on behalf of the Controller:

The Controller enters into appropriate data processing agreements with each sub-processor, where required under GDPR.

Transfers of personal data outside the European Economic Area (EEA) are carried out exclusively on the basis of appropriate safeguards, in particular Standard Contractual Clauses (SCC) approved by the European Commission.

§ 5. Your Rights

Under the GDPR, you have the following rights:

• Right of access – you may obtain information about the data we process (Article 15 GDPR)
• Right to rectification – you may request correction of inaccurate data (Article 16 GDPR)
• Right to erasure – you may request deletion of your data ("right to be forgotten", Article 17 GDPR)
• Right to restriction – you may request suspension of processing in certain cases (Article 18 GDPR)
• Right to data portability – you may receive your data in a structured format (Article 20 GDPR)
• Right to object – you may object to processing based on legitimate interests (Article 21 GDPR)
• Right to withdraw consent – at any time, without affecting the lawfulness of processing before withdrawal
• Right to lodge a complaint – with the Polish supervisory authority: Prezes Urzędu Ochrony Danych Osobowych (PUODO), ul. Stawki 2, 00-193 Warsaw, Poland; or with the supervisory authority in your country of residence

§ 6. Exercising Your Rights and Unsubscribing

All requests regarding personal data processing, including:

• unsubscribing from the newsletter,
• deletion of data from forms or surveys,
• rectification, restriction, portability, or access requests,

should be sent to: contact@caterpillar.garden

Please include in your message: your name and the email address used during registration, and the scope of your request (e.g., "please remove my data from the newsletter", "please delete my registration data for training XYZ"). This allows us to efficiently identify and process your request.

The Controller will respond without undue delay, and in any event within 30 days (Article 12 GDPR). For particularly complex requests, this period may be extended by a further 60 days, of which the Controller will inform you.

§ 7. Cookies and Tracking Technologies

The LearnSynth by Caterpillar Garden website is built as a static site generated by Astro and hosted on OVHcloud infrastructure (data centre within the European Union). In its standard configuration, the website does not use cookie-based analytics.

The Controller uses Plausible Analytics (provider: Plausible Insights OÜ, Estonia), a cookieless analytics system. The tool does not use cookies, does not store identifiers in the user's browser, and does not process full IP addresses — it only collects aggregated, anonymous traffic statistics. For this reason, it does not require user consent under the ePrivacy Directive. Details: plausible.io/privacy-focused-web-analytics.

Should any consent-requiring tracking mechanisms be implemented, this Policy will be updated accordingly and users will be notified.

OVHcloud, as the hosting provider, may process users' IP addresses in server logs for technical and security purposes. Logs are stored exclusively in data centres located within the European Union.

§ 8. Changes to This Privacy Policy

The Controller reserves the right to update this Privacy Policy in the event of changes to data processing practices, applicable law, or the introduction of new services and tools.

Users will be informed of material changes through publication of a new version on the website and, where possible, by email (for newsletter subscribers).

The date of the most recent update is indicated in the document header.

§ 9. Legal Basis — Reference

This Policy has been prepared in accordance with:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR)
• Polish Act of 10 May 2018 on the Protection of Personal Data
• Polish Act of 18 July 2002 on Electronic Services
• Polish Telecommunications Law of 16 July 2004 (regarding cookies)

§ 1. Definitions

• Organiser – ON Technologies Marcin Karkocha, ul. Szafarnia 11/F8, 80-755 Gdańsk, Poland, VAT: PL7651606629, operating under the brands LearnSynth and Caterpillar Garden.
• Participant – an individual or legal entity that has completed Registration and paid the Fee.
• Consumer – a Participant who is an individual acting outside their professional or business capacity.
• Service – In-Person Training or an Online Course; the collective term for both service types offered by the Organiser.
• In-Person Training (Workshop) – live workshops delivered by the Organiser to a closed group at a specified date and location. Minimum and maximum participant numbers are stated in the Edition Announcement.
• Online Course – a service consisting of access to Digital Materials (video recordings, workbooks, supplementary materials) released on a staged schedule (drip) within a defined Cohort, optionally including Q&A Sessions.
• Digital Materials – digital content within the meaning of Article 2(5) of the Polish Consumer Rights Act: video recordings, workbooks, worksheets, templates and other materials delivered electronically.
• Cohort – a distinct edition of an Online Course with a defined start date and release schedule for Digital Materials.
• Drip – the staged release of Digital Materials according to the schedule stated in the Edition Announcement (e.g. a new module every 2 weeks).
• Q&A Session – a live online meeting with the Organiser held on a specified date and time, available only in Packages that include it.
• Package – a variant of an Online Course with a defined scope of deliverables (e.g. Digital Materials only, or Digital Materials with Q&A Sessions). The scope of each Package is set out in the Edition Announcement.
• Ticket – the right to access one edition of a Service, acquired through Registration.
• Registration – the process of signing up via the form on the Website or during Pre-sale.
• Fee – the Ticket price for a given edition, denominated in Polish zloty (PLN), inclusive of VAT.
• Edition Announcement – the Organiser's published description of a specific Service edition, including: dates, price, Package scope, participant limits, drip schedule and any Refund Guarantee. The Edition Announcement forms an integral supplement to these Terms.
• Refund Guarantee – a right to a refund granted by the Organiser in an Edition Announcement, within the period and on the conditions stated there; an exception to the no-refund rule (§ 9.1).
• Website – the Organiser's website at learnsynth.net and lsbycg.link.
• Pre-sale – a closed, non-public sales period available exclusively to invited individuals, running 7 days before public sales open.
• Waiting List – a list of individuals who submitted an interest form via a direct link (not visible on the Website).
• Voucher – a credit note issued by the Organiser entitling the holder to purchase any Organiser service (training, courses, individual mentoring) within 12 months of issue.
• Force Majeure – an unforeseeable external event beyond the Organiser's control, including: natural disasters, fire, venue flooding, failures of technical infrastructure or hosting providers, epidemic emergencies, or acts of public authority.

§ 2. General Provisions

These Terms govern the Organiser's electronic services, including Registration, Ticket purchase, use of Services, and the conditions for withdrawal, cancellation and refunds.

Acceptance of these Terms is voluntary but necessary to complete Registration and purchase a Ticket.

In the event of a discrepancy between these Terms and an Edition Announcement, the Edition Announcement prevails — but only to the extent it is more favourable to the Participant.

§ 3. Technical Requirements

Use of the Website requires a device with internet access and a current web browser.

Use of an Online Course additionally requires: a stable internet connection capable of video playback, a current web browser, and an active email address. Q&A Sessions additionally require a microphone and — optionally — a camera.

The Organiser is not liable for technical issues on the Participant's side, including lack of internet access, outdated software, or corporate network restrictions.

§ 4. Offer, Pre-sale and Registration

4.1. Edition Announcement

Information about planned Services — dates, location, prices, Package scope, participant limits, drip schedule and any Refund Guarantee — is published on the Website in the Edition Announcement. The Organiser reserves the right to amend details before sales open.

4.2. Pre-sale

Seven days before public sales open, the Organiser may launch a Pre-sale for invited individuals only: those on the Waiting List, those who did not secure a place in a previous edition, or those who submitted an interest form via a direct link. Pre-sale is not accessible through the Website.

4.3. Registration and Contract Formation

Registration is completed by submitting the sign-up form, making the required declarations, and paying the Fee in full. The contract is formed when full payment is credited to the Organiser's account.

§ 5. Price and Payment

5.1. Ticket Price

The current Ticket price is stated in the Edition Announcement, in Polish zloty (PLN) inclusive of VAT. Prices may vary by Package.

WHAT THE FEE COVERS:

For In-Person Training, the Fee covers a reserved place in a closed group with a limited number of participants — a reservation of a specific place in a specific edition.

For an Online Course, the Fee covers named, non-transferable access to the Digital Materials of a given Cohort, released on a staged schedule, and — where the selected Package includes it — participation in Q&A Sessions held on specified dates.

The scope of deliverables per Package is set out in the Edition Announcement.

5.2. Payment Methods

Payment is processed via Stripe, supporting: credit/debit card (Visa, Mastercard), BLIK, Google Pay, Apple Pay, Revolut Pay, PayPal, and other methods available on Stripe.

5.3. VAT Invoice

An invoice is issued after payment is credited. For Participants who are businesses (B2B), the invoice is issued through the Polish National e-Invoicing System (KSeF) in accordance with applicable law. For Participants who are consumers, the invoice is sent electronically to the email address provided on the payment page.

Business invoice details (company name, VAT number, address) must be provided in the registration form before payment. Post-payment changes to the invoice recipient are not possible.

§ 6. Delivery of In-Person Training [ IN-PERSON ]

6.1. Minimum and Maximum Group Size

In-Person Training takes place with the minimum number of participants stated in the Edition Announcement (Minimum Group Size). This is a structural requirement of the workshop format. The maximum number of places is likewise stated in the Edition Announcement.

The Organiser may cancel a Training if, 7 days before the scheduled date, the number of registered and paid Participants is below the Minimum Group Size. Consequences of cancellation are set out in § 11.

6.2. Ticket Transfer

Tickets for In-Person Training are nominally assigned for organisational purposes only. A Participant may transfer or resell their Ticket to any third party without the Organiser's consent, provided the Organiser is notified of the change of attendee by 9:00 AM on the first day of Training at contact@caterpillar.garden.

§ 7. Delivery of Online Courses [ ONLINE ]

7.1. Staged Release of Materials (Drip)

Digital Materials are released to the Participant in stages according to the schedule in the Edition Announcement. The first release occurs on the Cohort start date or — where the Participant purchased after that date — promptly after payment is credited.

The Organiser provides access to Digital Materials for the period stated in the Edition Announcement, counted from the release of the final batch. Unless the Edition Announcement states otherwise, access is granted indefinitely for as long as the platform operates.

7.2. Q&A Sessions and Minimum Group Size

Q&A Sessions are available only in Packages that include them. Session dates are stated in the Edition Announcement.

The Minimum Group Size stated in the Edition Announcement applies to Packages including Q&A Sessions. If the minimum is not reached, the Organiser may cancel the Sessions or move them to the next Cohort, notifying Participants no later than 7 days before the first scheduled Session. Consequences are set out in § 11.

No Minimum Group Size applies to Packages without Q&A Sessions — access to Digital Materials is delivered regardless of enrolment numbers.

7.3. No Transfer of Access

ACCESS TO AN ONLINE COURSE IS STRICTLY PERSONAL AND NON-TRANSFERABLE.

The Participant may not transfer, resell, share or grant access to Digital Materials to any third party, including by sharing login credentials, forwarding files, or distributing recordings.

Breach of this prohibition entitles the Organiser to immediately suspend access without any refund, without prejudice to claims for copyright infringement (§ 14).

§ 8. Right of Withdrawal (Consumers)

A Consumer entering into a distance contract generally has the right to withdraw within 14 days without giving a reason (Article 27 of the Polish Consumer Rights Act). Statutory exceptions apply to the Organiser's Services as set out below.

8.1. In-Person Training and Q&A Sessions — Article 38(12)

SERVICES DELIVERED ON A SPECIFIED DATE:

Under Article 38(12) of the Polish Consumer Rights Act, the right of withdrawal does NOT apply to contracts for event-related services where a specific date or period of performance has been agreed.

This covers: In-Person Training and Q&A Sessions within Online Courses — that is, live delivery on a specified date.

Declaration made at purchase: "I acknowledge that this service is delivered on a specified date and that, under Article 38(12) of the Consumer Rights Act, I have no right to withdraw from the contract within 14 days."

8.2. Digital Materials — Article 38(13)

DIGITAL CONTENT DELIVERED BEFORE THE 14-DAY PERIOD EXPIRES:

Under Article 38(13) of the Polish Consumer Rights Act, the right of withdrawal does NOT apply to contracts for the supply of digital content not delivered on a tangible medium, where performance began with the Consumer's express and prior consent, the Consumer having been informed before performance began that they would thereby lose the right of withdrawal, and having acknowledged this.

This covers: Digital Materials within an Online Course (recordings, workbooks, supplementary materials).

Declaration made at purchase: "I request that performance begin — that the digital materials be made available — before the withdrawal period expires. I acknowledge that I will thereby lose my right to withdraw from the contract within 14 days."

8.3. Form of Declarations

The declarations under § 8.1 and § 8.2 are made by the Consumer during purchase by ticking a non-pre-ticked checkbox. Where technically possible, a separate checkbox is used for each declaration; otherwise § 8.5 applies.

If the Consumer does not make the declaration under § 8.2, Digital Materials will be released only after 14 days from contract formation, and the right of withdrawal is preserved during that period.

Failure to make the declaration under § 8.1 prevents purchase of a Ticket for In-Person Training or a Package including Q&A Sessions, as performance occurs on a specified date.

A Participant who is not a Consumer (a business acquiring the Service in connection with its activity) does not benefit from the statutory right of withdrawal; only § 9 applies to such a Participant.

8.4. Pre-sale and Editions Starting After the Withdrawal Period

Where the first release of Digital Materials occurs more than 14 days after contract formation — which applies in particular to Pre-sale purchases — performance does not begin before the withdrawal period expires. In that case:

• the declaration under § 8.2 is not collected, as it does not apply,
• the Consumer has the statutory right to withdraw from the contract within 14 days of its conclusion, without giving a reason and at no cost,
• withdrawal is effected by a declaration sent to contact@caterpillar.garden; the Consumer may use the model form in Annex 1, though this is not mandatory,
• the Organiser refunds the full Fee within 14 days of receiving the declaration, using the same means of payment.

Relation to the no-refund rule: § 9.1 does not apply during the period in which the Consumer has a right of withdrawal under this section.

After 14 days from contract formation the right of withdrawal expires. Thereafter § 9 applies, and § 15 applies to the conformity of Digital Materials. Where the Organiser has granted a Refund Guarantee in the Edition Announcement covering a longer period, it applies independently on the terms stated there.

8.5. Declarations Made Together with Acceptance of the Terms

Where the payment system used by the Organiser does not technically permit a separate checkbox for each declaration, the declarations under § 8.1 and § 8.2 are made together with acceptance of these Terms — by ticking a single checkbox whose text, displayed to the Consumer before payment, expressly includes the wording of those declarations.

The Organiser ensures that the wording of the declarations is displayed legibly, directly adjacent to the checkbox and before payment, and that the fact of their being made is recorded with the transaction and can be reproduced.

Effect where the declaration is not displayed: if, in a given transaction, the wording of the declaration under § 8.2 was not displayed to the Consumer as described above, the Digital Materials will be released only after 14 days from contract formation, and the right of withdrawal is preserved during that period. The Organiser may release the Digital Materials earlier upon first obtaining the declaration from the Consumer by email.

Consent to receive commercial communications (newsletter) is not covered by this section. Such consent is always voluntary, given separately, and is not a condition of contract formation or of access to the Service.

§ 9. Participant Cancellation and Refunds

9.1. No-Refund Rule and Refund Guarantee

Due to limited capacity, upfront organisational costs incurred by the Organiser, and — for Online Courses — the immediate release of Digital Materials, the Fee is non-refundable as a general rule. Cancellation by the Participant does not entitle them to a refund.

Exception — Refund Guarantee: the above does not apply where the Organiser has granted a Refund Guarantee in the Edition Announcement. In that case the conditions, scope and deadline stated there apply, and the Participant submits the refund request to contact@caterpillar.garden before that deadline. Refunds are made within 14 days of receipt, to the account used for payment.

Further exceptions: the no-refund rule does not limit the Participant's rights under § 8 (withdrawal, where applicable), § 10 (date change), § 11 (cancellation by the Organiser), or under mandatory provisions of law.

§ 10. One-Time Date Change [ IN-PERSON ]

A Participant in In-Person Training may transfer their Ticket to the next available edition, subject to the following:

• Notice deadline: the request must reach contact@caterpillar.garden at least 3 calendar days before the Training start date.
• Date-change fee: a 10% administrative fee applies, covering reservation and organisational costs incurred regardless of whether the Training takes place.
• Confirmation: the Participant is transferred to the next announced edition and must confirm within 7 days of the new cohort being announced. Failure to confirm is treated as cancellation with no refund.
• No guaranteed date: the Organiser does not guarantee when the next edition will run; it depends on reaching the Minimum Group Size.
• One-time only: this right may be exercised once.

Cancellation of the rescheduled edition: if the edition to which the Participant was transferred is cancelled for reasons within the Organiser's control (Minimum Group Size not reached, or Force Majeure), the Organiser issues a Voucher for the full original Fee (before deduction of the administrative fee), valid 12 months, and refunds the 10% administrative fee within 14 days.

The date-change mechanism does not apply to Online Courses — Digital Materials remain available regardless of the Participant's pace, and cancelled Q&A Sessions are settled under § 11.

§ 11. Cancellation by the Organiser

11.1. Minimum Group Size Not Reached

If, 7 days before the scheduled date, the number of paid Participants is below the Minimum Group Size, the Organiser may cancel the In-Person Training or the Q&A Sessions of an Online Course. In such case:

• The Organiser notifies Participants by email promptly, and no later than 7 days before the scheduled date.
• In-Person Training: full refund within 14 business days, priority Pre-sale access, and a 25% discount on the next edition.
• Q&A Sessions in an Online Course: at the Participant's choice — transfer of the Sessions to the next Cohort at no extra cost, or a refund of the price difference between the Package with Sessions and the Package without, within 14 business days. Access to Digital Materials is unaffected.

11.2. Other Reasons within the Organiser's Control

If the Organiser cancels or postpones a Service for reasons unrelated to group size (trainer illness, venue issues, platform failure, other circumstances within the Organiser's control), the Participant receives a full refund within 14 business days plus priority Pre-sale access and a 25% discount. For an Online Course where some Digital Materials have already been released, the refund covers the portion of the Fee corresponding to the undelivered part of the Service.

11.3. Force Majeure

FORCE MAJEURE — LIMITATION OF LIABILITY:

Where a Service is cancelled due to Force Majeure (including venue flooding, natural disaster, infrastructure provider failure, epidemic emergency, acts of public authority), the Organiser bears no liability for resulting losses. Cancellation may occur on the start date if Force Majeure makes delivery impossible.

As a gesture of goodwill, the Organiser will endeavour to issue each Participant a Voucher for the full Fee, valid 12 months, redeemable against any Organiser service.

11.4. Delivery to a Reduced Group

If a Participant in In-Person Training withdraws after the deadline in § 10 (fewer than 3 days before, or without notice) and numbers fall below the Minimum Group Size, the Organiser may deliver the Training to a reduced group. The withdrawing Participant is not entitled to a refund. The Organiser may attempt to fill the place from the Waiting List, without guarantee.

§ 12. Early Departure by the Participant

If a Participant in In-Person Training must leave before completion due to unforeseen personal circumstances (illness, emergency), the Organiser is not obliged to refund any portion of the Fee.

As a gesture of goodwill, the Organiser may offer a 70% discount on a Ticket to any future edition plus priority Pre-sale access. This is not automatic — the Participant must contact contact@caterpillar.garden within 7 days of the Training date; each case is assessed individually.

For Online Courses, ceasing to work through the materials does not affect the Participant's rights — access to Digital Materials remains active under § 7.1 and does not entitle the Participant to a refund.

§ 13. Certificates

13.1. In-Person Training

A Participant who completes In-Person Training receives a completion certificate issued in the name given on the first day of Training. Where a Ticket has been transferred (§ 6.2), the certificate is issued in the name of the actual attendee. No certificate is issued for partial attendance.

13.2. Online Courses

A Participant in an Online Course receives a completion certificate upon satisfying both of the following:

• completion of the Cohort to which the Participant was assigned (i.e. after the final batch of Digital Materials has been released), and
• submission to the Organiser of a completed workbook to the extent specified in the Edition Announcement, sent to contact@caterpillar.garden or by the method indicated on the platform.

Certificates are available to Participants of all Packages — participation in Q&A Sessions is not a condition.

The certificate is issued in the name given at Registration. A Participant may request different wording by contacting contact@caterpillar.garden before issuance.

The Organiser issues the certificate within 30 days of the above conditions being met.

§ 14. Intellectual Property and Licence

All materials made available to Participants — presentations, exercises, documentation, recordings, workbooks, templates and worksheets — are the intellectual property of the Organiser and protected under Polish copyright law.

Upon release, the Organiser grants the Participant a non-exclusive, non-transferable licence to use them solely for their own internal use, including in the course of the Participant's professional work at their employing organisation.

Prohibited without the Organiser's prior written consent: reproduction, distribution, public sharing, resale, sharing of login credentials, publication of recordings or workbooks in whole or in part, and use of the materials to deliver competing training or services.

Participants in In-Person Training consent to photographic or video documentation for record-keeping and promotional purposes. This consent may be withdrawn before the Training begins by contacting contact@caterpillar.garden.

Q&A Sessions may be recorded and shared with other Participants of the Cohort. A Participant who does not consent to their image or voice being recorded may attend with camera and microphone off, using the chat.

§ 15. Conformity of Digital Materials with the Contract [ ONLINE ]

15.1. Scope

Digital Materials supplied to Consumers are subject to Chapter 5b of the Polish Consumer Rights Act of 30 May 2014 (Articles 43h–43q), governing the Organiser's liability for the conformity of digital content with the contract. This section does not limit the Consumer's statutory rights.

This section applies accordingly to a Participant who is a natural person entering into a contract directly connected with their business activity, where the contract is not of a professional nature for that person.

15.2. Conformity Criteria

Digital Materials conform to the contract where, in particular, they:

• match the description, type, quantity, quality, completeness and functionality stated in the Edition Announcement,
• are fit for the particular purpose the Consumer notified to the Organiser no later than at contract formation and which the Organiser accepted,
• are supplied with the accessories and instructions the Consumer may reasonably expect,
• correspond to the version made available to the Consumer before contract formation (demo materials, previews, programme description),
• are supplied in the most recent version available at contract formation.

15.3. Reporting Non-Conformity and Bringing into Conformity

Where Digital Materials do not conform to the contract, the Consumer may request that they be brought into conformity. Requests should be sent to contact@caterpillar.garden, stating the edition name, the module or material concerned, and a description of the non-conformity.

The Organiser will bring the Digital Materials into conformity within a reasonable time of receiving the request, not exceeding 14 days, without significant inconvenience to the Consumer and at no cost to them.

The Organiser may refuse to bring the materials into conformity where doing so is impossible or would require disproportionate costs.

15.4. Price Reduction and Withdrawal

The Consumer may declare a price reduction or withdraw from the contract where:

• the Organiser refused to bring the Digital Materials into conformity, or failed to do so within the period in § 15.3,
• the non-conformity persists despite the Organiser's attempt to remedy it,
• the non-conformity is sufficiently serious to justify withdrawal without first requesting conformity,
• it is clear from the Organiser's statement or the circumstances that the materials will not be brought into conformity within a reasonable time or without significant inconvenience to the Consumer.

The reduced price must bear the same proportion to the contract price as the value of the non-conforming Digital Materials bears to the value of conforming materials.

The Organiser may not refuse a withdrawal declaration where the non-conformity is material. Non-conformity is presumed to be material.

The Organiser refunds the price without undue delay and no later than 14 days from receiving the declaration, using the same means of payment the Consumer used, unless the Consumer expressly agrees to another method involving no cost to them.

15.5. Liability Period

The Organiser is liable for non-conformity of Digital Materials with the contract:

• supplied in a single act or in instalments — existing at the time of supply and revealed within 2 years of that time,
• supplied continuously — occurring or revealed during the period in which they were to be supplied under the contract.

Non-conformity revealed within those periods is presumed to have existed at the time of supply.

15.6. Updates

The Organiser informs the Participant of updates to Digital Materials necessary to maintain conformity and supplies them during the liability period.

Where the Participant fails to install or apply a supplied update within a reasonable time, the Organiser is not liable for non-conformity resulting solely from that failure — provided the Organiser informed the Participant of the update and the consequences of not applying it, and the failure did not result from errors in the Organiser's instructions.

15.7. Effects of Withdrawal

Following withdrawal, the Participant must cease using the Digital Materials and sharing them with third parties. The Organiser may prevent further access, in particular by suspending the Participant's account.

§ 16. Complaints

This section sets out the general complaints procedure. Consumer claims regarding non-conformity of Digital Materials with the contract are handled under § 15, which takes precedence over this section.

Complaints must be submitted to contact@caterpillar.garden within 14 days of the Service's completion or of the event giving rise to the complaint. For Online Courses, the period runs from the date of the event (e.g. loss of access to materials).

Complaints should include: full name, registration email, edition name, description of the issue, and desired resolution. The Organiser responds within 14 days. Consumers may also use the EU ODR platform: https://ec.europa.eu/consumers/odr.

§ 17. Personal Data

Personal data is processed in accordance with the Privacy Policy available at learnsynth.net/privacy-policy. The data controller is ON Technologies Marcin Karkocha.

§ 18. Final Provisions

These Terms take effect on the date of publication on the Website. The Organiser may amend them; amendments apply from the date of publication and do not affect Services for which Registration was completed beforehand. Polish law governs these Terms. Consumer disputes may be referred to the Participant's local court of jurisdiction.

§ 19. Comparison — In-Person Training vs Online Course

§ 20. Refund and Voucher Scenarios

ANNEX 1 — MODEL WITHDRAWAL FORM

WHEN THIS FORM APPLIES:

The right of withdrawal is excluded in the cases described in § 8. This form applies where a right of withdrawal nevertheless exists — in particular where the Consumer did not make the declaration under § 8.2 and the Digital Materials have not yet been released, or where the Consumer withdraws under § 15.4 (non-conformity of digital materials).

Use of this form is not mandatory — the declaration may be made in any form, including a plain email.

Complete and return this form to: contact@caterpillar.garden

To: ON Technologies Marcin Karkocha, ul. Szafarnia 11/F8, 80-755 Gdańsk, Poland, contact@caterpillar.garden

I/We () hereby give notice that I/we () withdraw from the contract for the supply of the following service:

......................................................................................................................................

(edition / Package name)

Date of contract / date of purchase: ...............................................................................

Consumer name: ..........................................................................................................

Consumer address: .......................................................................................................

Email address used at Registration: ...............................................................................

Ground for withdrawal (tick as applicable):

• statutory 14-day right of withdrawal (Article 27 of the Consumer Rights Act)
• non-conformity of digital materials with the contract (§ 15.4 of these Terms)

Consumer signature (only if this form is sent on paper): ...............................................

Date: ................................................

(*) Delete as appropriate.