Terms and conditions
This document is a public offer addressed to any individual (hereinafter referred to as the Customer) to enter into a Public Contract for the provision of services on the terms defined by this document.Definitions and Interpretations
• The terms and concepts used in this Agreement are used in the following meanings:
- Public Contract - this legal act between the Executor and the Customer for the provision of services to the latter on the terms set out in the public offer and are the same for all Customers upon the acceptance of the public offer by the Customer (hereinafter - the Contract).
- Public Offer - an offer from the Executor, addressed to any individual, to enter into a service contract with them on the terms contained in this document and in accordance with the provisions of Article 641 of the Civil Code of Ukraine.
- Acceptance - the Customer's provision of full and unconditional response to the Executor regarding the offer to enter into a service contract with the Executor by completing and sending the relevant registration form placed on the Website or by making a payment to the Executor.
- Customer - any individual who accepted the public offer.
- Executor - the individual entrepreneur specified in this Agreement who undertakes to provide services to the Customer as provided in this Agreement.
- Website - a collection of data (texts, graphic and design elements, photos, videos, and other results of intellectual activity, computer programs) that are interrelated, contained in an information system, and provide accessibility of this information to end-users and are located on the website.
- Tariff - the cost of a certain volume of services provided by the Executor to the Customer for a certain period.
- Platform - a set of software tools used by the Executor to provide services as specified in this Agreement.
• The headings in this Agreement are provided for convenience and do not affect the interpretation of the Agreement's clauses.
• In the event that this Agreement uses terms and concepts not defined in this section of the Agreement, the interpretation of such a term or concept is made in accordance with the text of this Agreement. In the absence of a clear interpretation of the term or concept, it should be interpreted based on the provisions of the current legislation of Ukraine.
Acceptance of the Proposal
The Agreement is considered concluded without the need for its subsequent signing from the moment the Executor receives the Acceptance. By performing the Acceptance, the Customer also confirms that they fully understand and agree with the terms of this Agreement.
Subject of the Agreement
• The Executor provides the Customer with a service that involves granting access to information placed on the Website and/or Platform in the manner provided for by this Agreement, and the Customer accepts and pays for it.
• The list and detailed description of services and tariffs are posted on the Website. • The scope of services within different tariffs may vary. • The Executor has the right to limit the number of seats at a certain tariff.
Cost of Services and Payment Procedure
• The current prices (tariffs) for the services of the Executor are posted on the Website. • Settlements between the parties are made in a non-cash form by making payment using money transfer services available on the Website.
• Payment for the Executor's services is made by paying the cost of the selected tariff on the terms of full prepayment.
• The Executor has the right not to provide the service to the Customer if the Customer has not made payment for the services according to the selected tariff within the period and in the manner determined by this Agreement.
• The Executor has the right to temporarily suspend the provision of services to the Customer if the Customer is late in making the payment for the Executor's services according to the selected tariff and payment method, until the Customer's arrears are settled.
Provision of Services Procedure
• The provision of services by the Executor includes granting access to the Executor's materials placed on the Platform, including master class recordings.
• If the Customer has not received access to the materials placed on the Platform, they are obliged to immediately inform the Executor by sending an email to the provided email address.
• Access to materials placed on the Platform ceases after the expiration of the period specified on the Website. The duration of access to materials and services placed on the Platform may vary.
• If the Customer has not used the Executor's services at any time during the paid period, the funds paid by the Customer are not refundable, including partially, and access is not extended for another period.
Rights and Obligations of the Parties
• The Customer has the right to:
• Receive the services provided in this Agreement.
• The Customer is obliged to:
• Timely and fully pay for the services of the Executor.
• Properly fulfill all the terms of this Agreement.
• Use the technical capabilities of the Website and/or Platform exclusively for legal purposes.
• Not engage in any actions (including the use of third-party software) aimed at disrupting the normal operation of the Website and/or Platform.
• Not use automated scripts (programs) for collecting information on the Website and/or Platform and/or for interacting with the Website and/or Platform.
• Use all materials provided to the Customer exclusively for personal purposes and not provide access to third parties.
• The Executor has the right to:
• Transfer the provision of services, notifying the Customer no later than two days in advance.
• Without prior agreement with the Customer, involve third parties in the provision of services specified in this Agreement.
• Unilaterally make changes and additions to this Agreement.
• Make changes to the information posted on the Website and/or Platform without prior notice to the Customer.
• Conduct maintenance work to confirm the operability and further improvement of the Website. • Temporarily suspend Customer access to the Website in case of technical malfunctions to restore its operability.
• Unilaterally terminate this Agreement if the Customer violates the terms of this Agreement. • The Executor is obliged to:
• Provide the service in a timely and complete manner.
• Not disclose the Customer's personal data to third parties, which became known to the Executor during the provision of services.
Intellectual Property
• All information, photos, graphic images, texts, videos, and other results of intellectual activity (objects of intellectual property rights) posted on the Website and/or made available to the Customer in the process of providing services by the Executor under this Agreement are protected by intellectual property rights.
• No intellectual property rights to objects of intellectual property posted on the Website and/or made available to the Customer in the process of providing services by the Executor under this Agreement shall be transferred to the Customer as a result of using the Website or entering into this Agreement.
Refund Procedure
• In case the Customer refuses the Executor's services after their provision is completed, the funds paid by the Customer will not be refunded.
Liability
• The Executor shall not be held responsible for the non-compliance of the provided service with the Customer's expectations.
• The Customer accepts responsibility for using or not using the information obtained during the provision of services.
• The Executor is not responsible for achieving results related to the practical application of the information obtained during the provision of services as stipulated in this Agreement.
• The Executor has the right to cease providing services under this Agreement to the Customer if the Customer violates the intellectual property rights of the Executor without compensation of the funds paid by the Customer. This does not deprive the Executor of the right to seek compensation for damages caused by the violation of their intellectual property rights.
• The Customer is forewarned that in the event of the Customer's violation of the Executor's intellectual property rights, the Customer shall be held responsible according to the current legislation of Ukraine, including administrative, criminal, and civil liability.
Force Majeure
• The Parties shall not be held responsible for the non-performance or improper performance of their obligations under this Agreement if such non-performance or incomplete performance is a result of force majeure circumstances.
• Force majeure circumstances, as defined in this Agreement, are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated by the terms of this Agreement. The list of such circumstances is included in part 2 of Article 14-1 of the Law of Ukraine "On the Chambers of Commerce and Industry in Ukraine," as well as technical circumstances that result in technical failures and disrupt the normal operation of the Site and/or Platform.
• The Party affected by force majeure circumstances must notify the other Party of their occurrence no later than 14 (fourteen) business days from the moment of the onset of such circumstances.
• After the cessation of force majeure circumstances, the Party affected by them must notify the other Party of their termination within 14 (fourteen) business days and also indicate the time within which they intend to fulfill their obligations.
• A valid and sufficient confirmation of force majeure concerning one of the Parties is a certificate regarding force majeure circumstances (irresistible force), issued by the Chamber of Commerce and Industry of Ukraine.
Dispute Resolution and Applicable Law
• Any misunderstandings, disagreements, or disputes that may arise between the Parties during the conclusion, interpretation, or execution of this Agreement will be resolved through negotiations.
• The Customer has the right to send a claim to the Performer via email:
The claim review period is 30 days.
• In case the Parties fail to resolve any misunderstandings, disagreements, or disputes through negotiations, they shall be resolved in court in accordance with the laws of Ukraine, applying the substantive and procedural norms of Ukrainian law.
• This Agreement, including its interpretation, is subject to the laws of Ukraine, without applying the provisions of conflict of laws.
Other Provisions
• If any provision of this Agreement is deemed invalid by any competent state authority of Ukraine, it will not affect the validity or possibility of executing any other terms of this Agreement, which will remain fully valid unless otherwise specified by Ukrainian law.
• The Performer has the right to unilaterally amend this Agreement without notifying the Customer.
• Changes to the Agreement take effect from the moment of their publication on the website.
• If the Customer makes a payment for the services of the Performer or takes other actions after changes have been made to this Agreement, it means the Customer agrees to such changes and consents to the fulfillment of the Agreement's terms in its new version.
• By accepting this Agreement, the Customer also agrees to the Privacy Policy.
• The Customer consents to receiving informational materials, including marketing materials, containing information about the Performer's activities