1.1. Individual entrepreneur Kriklivets Artem Alexandrovich
, tax registration number 3346214690, together with Individual Entrepreneur Demishev Dmitry Eduardovich
, tax registration number 3525301056 (hereinafter collectively referred to as the Contractor), put up this public offer to conclude a contract for the provision of services for online training (hereinafter referred to as the Services) on the following terms:
1. GENERAL CONDITIONS
1.1. In accordance with Articles 641, 642 of the Civil Code of Ukraine (Civil Code of Ukraine), if the conditions set forth below are accepted and the Services are paid for, the individual accepting this Offer becomes the "Customer" (the acceptance of the Offer is tantamount to concluding an agreement on the terms set forth in the Offer).
1.2. Taking into account that the Contractor, in accordance with Article 633 of the Civil Code of Ukraine, provides Services to any individual, and the Customer, after accepting the Offer, becomes a user of the Contractor's Services, the Parties agreed with the unconditional and unconditional acceptance of the terms of this Offer and undertake to strictly comply with them.
1.3. By accepting this Offer, the Customer confirms that he has carefully studied the text of this Offer and fully agrees with all its clauses.
1.4. The acceptance of this offer is considered to be made subject to payment for the relevant Services.
2. SUBJECT OF THE CONTRACT
2.1. The Contractor undertakes to provide online training services, and the Customer undertakes to accept and pay for these services.
2.2. The Contractor provides services by organizing training in one of the following formats or their combination:
2.2.1. Remote events using broadcast on the Internet (webinars, broadcasts of master classes, seminars, thematic courses, etc.)
2.2.2. Event records provided electronically via the Internet.
2.2.3. Training courses provided electronically via the Internet.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Contractor's obligations:
3.1.1. Timely provide Services to the Customer in compliance with the terms of this Offer;
3.1.2. Do not distribute information received from the Customer or other sources that goes beyond the terms of this Offer, in the course of the implementation by the Contractor of its obligations under this Offer, in accordance with the current legislation of Ukraine.
3.2. Obligations of the Customer:
3.2.1. Pay for the services of the Contractor in the amount and terms provided for in this Offer.
3.2.2. To refrain from recording broadcasts of online training and its distribution (in any form, including in the form of posting on the Internet) without the consent of the Contractor, as well as from rebroadcasting (including paid) training for persons who have not concluded a participation agreement with the Contractor in online learning.
3.2.3. Provide reliable and, if necessary, complete information necessary for the Contractor to provide services. The Customer is fully responsible for the accuracy and correctness of the data used by him when registering for the provision of the Services.
3.2.4. Familiarize yourself with the content, conditions of registration and the procedure for conducting training, as well as with additional requirements imposed by the Contractor.
3.3. Executor's rights:
3.3.1. Independently determine the program, volume and format of online training.
3.3.2. If necessary, unilaterally shift the dates of the training, notifying the Customer about it within a reasonable time.
3.3.3. The Contractor has the right to block the Customer's access to the Services if, by his actions or inaction, he violates the terms of this Agreement and / or other requirements of the Contractor.
3.3.4. The Contractor has the right to verify the data of the User and other persons specified by the User, according to the criteria of the Contractor. In addition, the Contractor has the right to require the User to present documents proving his identity and provide other data identifying the User, in cases stipulated by the conditions of the relevant events, or by the legislation of Ukraine. In case of non-provision of documents, or inconsistency of information in them, the Contractor has the right to refuse the User to provide services.
3.3.5. To recover losses from the Customer in full in case of violation by the Customer of the terms of the contract.
3.3.6. If the Customer violates the terms of the agreement, the Contractor has the right to stop providing the Services to the Customer without a refund.
3.4. Rights of the Customer
3.1.1. Demand proper performance by the Contractor of his obligations.
3.1.2. The Customer has the right to inform the Contractor about the detected shortcomings in the provision of the Services.
4. PROCEDURE FOR THE PROVISION OF SERVICES
4.1. Services are provided in full only if they are one hundred percent paid by the Customer.
4.2. The fact of payment for the Services is the unconditional acceptance by the Customer of this public offer.
4.3. Payment for the Services is made through the appropriate link on the course/event page. At the time of payment, the Customer indicates his contact details in a special form on the website page. The customer is fully responsible for the correctness and reliability of the specified contact details. After the payment is made, the Customer receives an automatic confirmation of payment.
4.4. Links to the passage of paid courses or other events are sent to the Customer by e-mail address and / or by message to the phone number in the appropriate messenger specified when placing the Application, only after receipt of 100% of the Customer's funds to the account of the Contractor. By clicking on such a link, the Customer gets the opportunity to watch the video image of the coach and hear the corresponding speech, as well as other opportunities described in the course/event program. The fact of sending the link to the Customer is regarded by the Parties as the beginning of the provision of the Services provided for by this offer.
4.5. The Customer understands that paid courses, other events and feedback from the Contractor are held in Kiev time. If the Customer uses the services of the Contractor in a different time zone, the Customer independently determines the equivalent time for such a time zone.
5. RESPONSIBILITY OF THE PARTIES
5.1. In case of non-fulfillment or improper fulfillment by one of the Parties of its obligations under this Offer, the Parties shall be liable in accordance with the current legislation of Ukraine.
5.2. The customer assumes full responsibility for obtaining unique access to training. The Customer accepts the conditions that his access to the Services is intended for his sole viewing, and that any partial or complete copying and reproduction, transfer to third parties, resale without the permission of the Contractor is prohibited and is a violation of intellectual property protection legislation, which may entail civil legal, administrative and criminal responsibility.
5.3. The customer assumes responsibility for scheduling the training attendance. The Contractor shall not be liable for non-attendance by the Customer of training with the proper fulfillment of its obligations.
5.4. The Contractor does not bear any responsibility for possible lost income, profit, intangible achievements, reputational and other risks that may arise when using the knowledge gained as a result of training. The Contractor is not responsible for decisions made by the Customer regarding income, profits, ways of doing business, etc.
5.5. The Contractor and the Customer are released from non-performance or improper performance of their obligations under the current Offer, if such non-performance or improper performance is the result of force majeure circumstances (force majeure) that arose after the conclusion of the current Offer, are of an unusual nature, and that the Contractor and the Customer do not could neither foresee nor overcome by the measures taken. Such circumstances include: floods, fire, earthquake, and other natural phenomena, as well as war, hostilities, strikes, acts or actions of the competent authorities, public authorities and any other similar circumstances that are beyond the control of the Parties.
6.1. The Contractor does not give any guarantees that the use of knowledge gained as a result of training will bring the Customer the achievement of financial and any other results. The data provided in the process of your use of paid and free materials of the site are only advisory in nature.
6.2. All statements and examples during training about increasing, earning income or profits are just assumptions about upcoming or current earnings, income, and therefore are not a guarantee of their receipt. If the Customer considers the expected profits or an increase in future income to be guaranteed, then the Customer also assumes all the risks of not receiving them.
7. TERMINATION OF THE AGREEMENT
7.1. This agreement may be terminated by agreement of the parties.
7.2. The Customer has the right to terminate the Agreement unilaterally within fourteen (14) calendar days from the date of acceptance of this Offer. In this case, the Contractor undertakes to return the payments received as payment for the Services, provided that the Customer has applied for a return in the proper form within the period specified in this paragraph. When returning funds, payment of bank commissions and the cost of the transaction, if the payment was made using electronic payment acceptance systems, is carried out at the expense of the Customer.
7.3. In the event that the Customer began to receive the Services within the period specified in clause 7.2 of this Offer, the Customer does not have the right to terminate the contract unilaterally and does not have the right to return the money paid for the Services.
7.4. In the event that the Customer violates its obligations under this Offer, the Contractor has the right to terminate the provision of the Services and terminate the contract unilaterally.
7.5. In case of suspicious behavior of the Customer, the Contractor has the right to terminate the provision of the Services and terminate the contract unilaterally. The Customer's behavior is defined as suspicious according to the following formula: N + M > 5, where N is the number of devices on which the authorization took place; M is the number of cities from which the authorization took place.
7.6. The Customer is warned and understands that the Customer's possible disagreement with the speakers' opinions, methodology and content of training programs is not a basis for a refund.
8. OTHER TERMS
8.1. The offer, conclusion and execution of the contract is regulated in accordance with the current legislation of Ukraine. All issues not regulated by this Offer are regulated in accordance with the substantive law of Ukraine. In case of disagreement between the Customer and the Contractor, which cannot be resolved through negotiations between the Parties, are settled in the manner prescribed by the current legislation of Ukraine according to the rules of Ukrainian legal proceedings.
8.2. If any of the conditions of the Offer is recognized as invalid or illegal, or cannot enter into force in accordance with applicable law, such provision must be separated from the Offer and replaced by a new provision that best meets the original intentions contained in the Offer, while the remaining provisions of the Offer do not change and remain in effect.
8.3. The customer agrees to the processing of his personal data. The purposes of processing personal data are the fulfillment by the Contractor of the terms of this agreement, as well as the conduct of advertising campaigns and marketing research. The transfer of personal data to third parties is carried out in accordance with the current legislation of Ukraine and agreements between the Contractor and the User.