Version from 12th of June, 2023., Russian Federation, Krasnodar krai, Stanitsa Grivenskaia
The Public offer is an official, public and irrevocable offer of an Sole proprietor Gurushchuk Ekaterina Vasilievna (PSRNSP 323237500156145, TIN 503829453499) hereinafter referred to as the “Contractor”, on the one hand, addressed to an unlimited number of capable individuals, hereinafter referred to as the "Customer", on the other hand, both hereinafter referred to as the "Parties", and each individually as the "Party", to conclude in electronic form a Contract for the provision of paid services on the same terms for all, hereinafter referred to as according to the text of the "Contract", in accordance with the Civil Code of the Russian Federation, as well as other normative legal acts of the Russian Federation adopted for its execution, on the following conditions.
TERMS AND DEFINITIONS
For the purposes of application and interpretation of this Agreement, the Contractor uses the basic terms set out below (unless otherwise expressly stated in the Agreement). In the text of the Contract, these terms can be used in another case, singular or plural, with a small or capital letter, in the form of abbreviations.
"Public Agreement of Offer" ("Public Offer") is an offer addressed to an unlimited number of capable individuals, which contains all the essential terms of the contract, to conclude a contract for the provision of paid services in electronic form and on the same terms for all.
"Acceptance" means the Customer's full and unconditional acceptance of the terms of the Public Offer by performing one or more actions on the website (conclusive actions), namely: 1) activation by the Customer of a special checkbox: "I have read and agree with the Public Offer and Privacy Policy, I give my consent to the processing of my personal data" in the control point of the registration form on the website or in the application form for the provision of services on the website
2) Purchase of services.
"Website" — a set of computer programs, databases, graphics and information materials contained in an information system, access to which is provided via the Internet public information and telecommunications network, located at a permanent URL: https://macrame-master-class.tilda.ws/ which includes all levels of the specified domain, both active and put into operation during the entire period of its validity, as well as pages originating from it ("landing pages"), as well as all necessary and mandatory information for the Customer under the legislation of the Russian Federation.
“Contractor” - Gurushchuk Ekaterina Vasilievna (PSRNSP 323237500156145, TIN 503829453499) who is the rightholder of the website, as well as persons authorized by her who manage the website on her behalf and in her interests.
"Customer" means any natural person with full legal capacity, or a representative of the specified person (including a legal representative) with sufficient rights and powers, who has passed the registration procedure on the website, accepted the Public Offer and consented to the processing of personal data, and also uses the website in an acceptable manner. The Customer bears all risks associated with the use of their account on the website by any third party not authorized for such use, and therefore undertakes to take all possible and reasonable measures (efforts) to prevent the possibility of access to their account by an unauthorized person.
"Services" — a set of actions of the Contractor related to the provision of paid information and consulting online services aimed at obtaining theoretical and practical knowledge in the field of applied macrame art. The services are provided in an online format (remotely), through training with the help of pre-recorded (created) video instructions of a certain subject, a list of which is posted on the website, and informational materials.
"Video instruction" is a distance learning format, access to which is provided via the public information and telecommunications network "Internet", represented by a set of information and consulting services provided by transmitting an audiovisual image (video instruction) to the Customer in accordance with a predetermined topic of the video lesson, independently selected by the Customer using the website.
"Account" is a unique set of registration data about the Customer stored in a computer system, containing information about personal data, access rights, history of interaction (use) of the website, as well as other information necessary for authentication and authorization
"Password" is a secret set of characters that are not subject to disclosure to third parties, determined and entered by the Customer on the website at the time of registration, and subsequently, at the time of passing the authentication procedure on the website, necessary for successful authentication and authorization of the Customer's account on the website.
"Authentication" is a procedure for verifying the authenticity of the Customer by comparing the password entered by them with the password stored in the website database
"Authorization" — granting the Customer access rights to the personal account after its authentication.
"Personal Account" is a special section of the website available to the Customer after registration and authorization on the website, containing information about the Customer's personal data, the history of interaction (use) of the website, as well as other mandatory information provided for by the legislation of the Russian Federation.
1.2. The Agreement may contain other terms not provided in this section. In this case, when interpreting the relevant term, the literal meaning of the words and expressions contained therein is taken into account, and in case of its ambiguity, the meaning of the term is established by comparing its literal meaning with other terms and the meaning of the Contract as a whole.
1.3. In all other cases, the interpretation of the relevant term is carried out in accordance with the regulatory legal acts of the legislation of the Russian Federation, the content of the Website, and in the absence of an unambiguous definition, the interpretation of such a term is carried out in accordance with business practices.
GENERAL PROVISIONS
2.1. Acceptance of a Public Offer is equivalent to the conclusion of a contract in writing on the terms set out in the Public Offer, without signing a written copy of the contract, which creates mutual rights and obligations for the Customer and the Contractor, for non-fulfillment of which, responsibility arises. In case of acceptance of the conditions set forth in this Public Offer (Clause 2 of Article 437 of the Civil Code of the Russian Federation) and Acceptance (Clause 3 of Article 438 of the Civil Code of the Russian Federation), the person who accepted the Public Offer becomes the Customer under the contract for the provision of paid services.
2.2. The editorial board of the Public Offer is freely available around the clock on the website at the permanent URL: https://macrame-master-class.tilda.ws/ in the "Public offer" section. The Customer is obliged to carefully read all the terms of the Public Offer before accepting it, as well as to get acquainted with the Public Offer whenever he intends to use the website.
2.3. If the Customer agrees with the terms of the Public Offer, the Customer has the right to voluntarily join the Public Offer by Accepting the Public Offer using one or more methods provided on the website for Acceptance. The Contractor urges the Customer, in case of disagreement with this Public Offer in whole or in separate parts, to refrain from using the website.
2.4. By accepting this Public Offer, the Customer confirms the following:
Until the moment of acceptance of this Public Offer, the Customer received from the Contractor the necessary and reliable information about the services, ensuring the possibility of their correct choice, information about the main consumer properties of the services, the price in rubles and conditions for the purchase of services, rules and conditions for the effective and safe use of services, information about the address (location) and the brand name of the contractor, information on the rules for the provision of services, an indication of a specific person who will provide the service, and other mandatory information provided in accordance with the Law of the Russian Federation No. 2300-1 from 07.02.1992 "On Consumer Rights Protection" and other regulatory legal acts of the Russian Federation adopted for its execution;
The Customer is a fully capable person or their representative (legal representative), who has sufficient rights and powers necessary for the conclusion and execution of the Contract;
The Customer has read the terms of the Public Offer, the Privacy Policy, as well as other documents posted on the website, he understands all the essential terms of the Contract, the legal consequences of its conclusion, as well as their rights in the field of personal data collection and processing;
The Customer fully and unconditionally agrees to the terms of the Public Offer and the Privacy Policy in the form in which they are set out in the text published on the website, without signing their written copy, and gives their consent to the processing of their personal data in the prescribed manner. This action has the legal force of written consent.
2.5. The offer to conclude the Contract is valid until the date of its withdrawal by the Contractor, in all other cases, the period during which the offer to conclude the Contract is valid is unlimited, subject to the actual availability and operability of the website. The Public Offer cannot be withdrawn by the Customer independently.
2.6. The validity period of this Agreement: is established until the provision of services in full, calculated starting from the date of purchase of services and ends on the last day of the deadline.
3. SUBJECT OF THE CONTRACT
In accordance with the procedure and on the terms stipulated by this Agreement, the Contractor undertakes to provide the Customer who has paid 100% of the cost of services with paid online information and consulting services aimed at obtaining theoretical and practical knowledge in the field of applied macrame art, and the Customer undertakes to accept and pay for services in the amount of their cost.
The format of rendering services: online (remotely), using the public information and telecommunications network "Internet", by providing access to pre-recorded (created) video instructions on the subject chosen by the Customer in the field of applied art macrame and information materials, for which the Contractor sends a special link to the Customer's e-mail address to the video hosting "Youtube" to the closed part of the channel. In case of video hosting malfunction, the Contractor has the right to provide services using messengers or any other program that it deems appropriate.
In order to gain access to the video instruction, the Customer voluntarily, voluntarily and in their own interests, must fulfill the following conditions: read the Public Offer, Privacy Policy and other documents posted on the website, Accept the Public Offer and consent to the processing of personal data, pay the cost of the video instruction using the functionality of the website, comply with the terms of the Public Offer and the Rules of Use of the website.
The Customer undertakes to accept the services from the Contractor, independently and according to their inner conviction, choose and study the video instruction, information and other materials that interest them, as well as follow the requirements and recommendations of the Contractor, with all the degree of responsibility, reasonableness and good faith.
The customer undertakes to independently provide for themself the software and technical ability to use the website and familiarize themself with the video instructions. The Contractor does not assume obligations in terms of providing the Customer with appropriate software and hardware devices for these purposes.
The Contractor's obligation to provide services in the manner and on the terms stipulated by this Agreement arises from the moment the Customer pays in full the cost selected on the video instruction website, and is considered fulfilled from the moment the Customer is provided with access to the video instruction and information materials in accordance with the procedure established by the Agreement, if they are included in the cost of services. A separate act of delivery and acceptance of services provided in accordance with the Contract is not drawn up by the parties.
Assimilation and study of information materials and video instructions is carried out by the Customer independently.
4. PRICE AND PAYMENT PROCEDURE FOR SERVICES
4.1. The Customer undertakes to pay the Contractor remuneration for the provision of services.
4.2. Payment procedure for services: prepayment of 100% (one hundred percent) of the cost of services at the price announced (published) by the Contractor on the website at the time of payment.
4.3. Payment methods for services: non-cash payment in Russian rubles using a payment system connected to the website, or in any other possible way, by agreement with the Contractor. The amount of remuneration is not subject to VAT in accordance with paragraph 3 of Article 346.11 of the Tax Code of the Russian Federation, in connection with the application of the simplified taxation system by the Contractor.
4.4. The Customer's obligation to pay remuneration to the Contractor is considered fulfilled from the moment of receipt of payment to the Contractor's settlement account. The fact of payment (purchase) of services means that the Customer is familiar with and agrees with the Contract, other information provided on the website and documents accepted for the purpose of its execution, and intends to voluntarily complete the training.
4.5. In case of making a payment using a bank card, the Customer is recommended to use a bank card issued in the name of the Customer. Bank card transactions are carried out by the cardholder or a person authorized by them in accordance with the Regulation of the Central Bank of the Russian Federation No. 266-P dated 12/24/2004 "On the issue of bank cards and on transactions carried out using payment cards".
4.6. The Contractor does not control the hardware and software complex of the payment system and is not responsible for errors in terms of payment processing. In case of refusal of the payment system (Bank) to accept payment, the absence of crediting funds to the Contractor's current account due to the fault of the Bank, the obligation to refund funds to the Customer lies with the payment provider and (or) the holder of the payment system, and (or) an authorized Bank, with the assistance of the Contractor, within the limits of the possibilities available to them.
4.7. If it is necessary to make a refund of the funds paid as remuneration for services, on the basis and in the manner provided for by this Agreement and the legislation of the Russian Federation, the refund is made using the same details for which the payment was received, and on the basis of a personal application of the cardholder or a person authorized by them.
4.8. The Contractor has the right to provide promotional offers and discounts for the payment of services and (or) their extension (expansion of the package of services) for the Customer, as well as to provide the Customer with an individual package of services. These conditions may be provided by: a special promotion, referral program (code or link), receipt of a promo code, other individual cases at the discretion of the Contractor.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Contractor undertakes:
(1) To provide services efficiently, timely and in full.
(2) To observe the principles of good-faith cooperation, to ensure the confidentiality of all its conditions, as well as issues related to its subject matter or arising during its execution.
(3) To fulfill the obligations assumed properly, to the extent and within the time limits specified on the website, while using all their special knowledge and performing all actions necessary for the provision of services that do not contradict the law.
(4) In the performance of this Contract, act in the interests of the Customer with the same promptness and degree of care, reasonableness and good faith, as if the Contractor were acting in their own interests.
(5) At the request of the Customer and within a reasonable time, notify the latter of the current state of affairs regarding the fulfillment of the terms of this Agreement.
(6) Eliminate deficiencies in the provision of Services at the request of the Customer.
(7) Provide support, assistance and feedback in the chat during the working hours indicated on the website.
(8) To properly fulfill its other obligations stipulated by the Contract.
5.2. The Customer undertakes:
(1) To accept and pay for the services in a timely manner and in full, in accordance with the procedure and on the terms determined by the Contract.
(2) Independently and in a timely manner get acquainted with the information about the services before placing an order, as well as with changes to the specified conditions, with the current version of the public offer every time you visit the website, including after its acceptance.
(3) When placing an order, fill in the required mandatory fields and indicate reliable information in them.
(4) To prevent third parties from using the service available to the Customer. If the Contractor discovers the fact of using the video instruction by third parties, through the use of the access rights granted to the Customer, the Contractor has the right to prohibit the Customer from accessing the service already paid for without returning the previously paid funds.
(5) Observe the exclusive and copyrights of the Performer and third parties.
(6) To receive services, independently configure the software, hardware and Internet channel of your personal computer or laptop in such a way as to be able to freely use such services as YouTube, Telegram and other services that are used during the provision of services, to ensure their uninterrupted operation on their part.
(7) To properly fulfill its other obligations stipulated by the Contract.
5.3. The Contractor has the right to:
(1) In the manner, amount and terms stipulated by the Contract, receive payment for the cost of services in full.
(2) Suspend the provision of services to the Customer in case of violation by the Customer of the terms of this Agreement.
(3) Involve third parties in the provision of services without the prior consent of the Customer.
(4) Refuse to provide services to the Customer in case of a material violation of any of the provisions of this Agreement.
(5) Exercise their other rights provided for by the Agreement and the legislation of the Russian Federation.
5.4. The Customer has the right to:
(1) Require the Contractor to provide timely and high-quality services under this Agreement.
(2) To receive explanations on the subject of the video instruction, if this is provided for in the description of the services, to receive full information about the content and procedure for the provision of services by the Contractor.
(3) To exercise control over the process of rendering services without interfering with the operational and economic activities of the Contractor.
(4) To declare the return of the paid funds in the manner and on the terms stipulated by the Contract and the legislation of the Russian Federation, having issued an application for a refund.
(5) Exercise their other rights provided for by the Agreement and the legislation of the Russian Federation.
6. TERMS OF RETURN
6.1. The Customer has the right to refuse to perform the Contract at any time, subject to payment to the Contractor of the expenses actually incurred by them related to the performance of obligations under this Agreement. The Customer does not have the right to demand the return of what was performed by the Contractor under the Contract before the amendment or termination of the Contract, unless otherwise stipulated by the Contract, law or a separate agreement of the Parties.
6.3. In case of the Customer's refusal to perform the Contract, such refusal is made on a separate application in writing (or via electronic communication channels). The application must contain data sufficient to identify the Customer, the circumstances in connection with which the application is submitted, as well as specific requirements for the Contractor.
6.4. The Customer, upon detection of deficiencies in the services provided, has all the rights granted to them0 in accordance with the Law of the Russian Federation No. 2300-1 of 07.02.1992 "On Consumer Rights Protection", has the right, at their choice, to demand, in particular: gratuitous elimination of deficiencies, a corresponding reduction in price, re-provision of services. The claim about the detected shortcomings and ways to eliminate them is sent by the Customer in writing or via electronic communication channels, and must in its form comply with the requirements that are usually imposed on documents of this format.
6.5. The Contractor considers the Customer's claim within no more than 10 (ten) working days from the date of receipt of the claim and makes one of the following decisions: to satisfy the requirements and eliminate the shortcomings, and in the cases provided, to return (refund) the funds, or refuse to satisfy the requirements and motivate the reasons for its refusal.
6.6. If there are grounds, the refund of the funds paid by the Customer is made in the same way as their payment or in another way, by agreement of the parties, no later than 10 (ten) working days from the date of receipt of the claim, and the Contract is considered terminated from the moment the Contractor makes a decision to refund the funds, if a different date not defined by agreement of the parties.
7. LIABILITY OF THE PARTIES
7.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the legislation of the Russian Federation. All disputes and disagreements between the parties will seek to settle out of court and pre-trial. If the Parties fail to reach an agreement, the dispute is referred to the court in accordance with the jurisdiction established by the legislation of the Russian Federation.
7.2. Neither party shall be liable to the other party for non-fulfillment or improper fulfillment of obligations caused by extraordinary and unavoidable circumstances under these conditions (force majeure), if these circumstances have significantly affected the fulfillment by the parties of their obligations under this Agreement.
7.3. A party that does not properly fulfill its obligations under this Agreement due to the occurrence of the circumstances specified in clause 7.2 of this Agreement, immediately sends a notification to the other party (by a valuable letter with a delivery notification or via electronic communication channels) about the existence of such a circumstance and its impact on the fulfillment of obligations under this Agreement.
7.4. The Contractor does not guarantee employment to the Customer, is not responsible for the results of the Customer's mastering of the video instruction and the consequences of its application by the latter in practice, including if the application of the acquired knowledge did not allow to obtain the result that the Customer expected when starting training.
7.5. The Customer is solely responsible and all risks for the proper development of the video instruction, the consequences of its application in practice, as well as for the consequences that may occur as a result of improper development of the video instruction and (or) non-compliance with individual recommendations of the Contractor.
7.6. In the event of a material breach by the Customer of any of the terms of this Agreement, the Contractor has the right to unilaterally terminate this Agreement.
7.7. The Contractor is not responsible for the actions of third parties in relation to the Customer, which, although they occurred during the study of the video instruction, however, depend entirely on the actions and decisions of third parties, for example, from an Internet provider, video hosting, payment system.
8. PERSONAL DATA PROTECTION
8.1. When collecting and processing personal data, the Contractor is guided by the provisions of Federal Law No. 152-FL of 27.07.2006 "On personal data". The procedure for the collection and processing of personal data is determined by the Privacy Policy regarding the collection and processing of personal data, which is an integral part of this Agreement and is located on the website in the "Privacy Policy" section.
8.2. If the Customer is going to provide the Contractor with their personal data, as well as to make a voluntary registration on the website for the purpose of payment and access to video instructions, a prerequisite for this is a preliminary acquaintance with the Privacy Policy, the content of consent to the processing of personal data, and the provision of their consent to the processing of personal data established on the website in a way.
8.3. The Contractor undertakes to collect and process the Customer's personal data exclusively with their consent and on the terms specified in the Privacy Policy and the consent provided for the processing of personal data, in full compliance with Federal Law No. 152-FL of 27.07.2006 "On Personal data", to prevent attempts of unauthorized access to information and (or) transfer its persons who are not directly related to the website should promptly detect and suppress such facts, and in cases prescribed by law, conduct an internal investigation and report its results to the authorized bodies.
9. INTELLECTUAL PROPERTY
9.1. The Website, the content posted on it, audiovisual works related to the website, text information, graphic images (logos, photographs, drawings, etc.) belong to the Performer and (or) the manufacturer of goods (services). As part of the interaction of the parties under the Contract, the alienation of exclusive rights to the results of intellectual activity from the Contractor to the Customer does not occur.
9.2. The Customer is prohibited from recording, broadcasting or distributing any results of the Contractor's intellectual activity, including the process of classes or other communication, distributing or broadcasting such materials for commercial purposes without the consent of the Contractor.
9.3. The exclusive rights to the video instruction and accompanying materials belong to the Performer. Copyrights, such as the right of authorship, the right to a name, the right to inviolability of a work, arise from the moment of creation of the video instruction and are valid throughout the life of the author and seventy years, counting from January 1 of the year following the year of the author's death.
9.4. The exclusive rights to the video instruction belong to the Contractor.
9.5. As part of the provision of services, the Customer is granted access to intellectual property belonging to the Contractor (access to the website, audiovisual works (video instructions), other information or educational materials that are not publicly available), in connection with which the Customer is obliged:
9.5.1. Refrain from any actions that violate the Contractor's rights to the results of intellectual activity, in particular, not to copy, not to record, not to broadcast, not to distribute any results of intellectual activity of the Contractor without the written permission of the Contractor. The Customer is allowed to use the video instructions and handouts in the following ways: reproduction, storage, printing, use for personal purposes without the right of distribution.
9.5.2. Immediately inform the Contractor of any facts of violation of the exclusive rights of the Contractor that have become known, not to provide their authentication data for access to the online service to third parties. Any processing, recording, copying of video instructions and other materials, as well as their parts, to which the Customer has obtained access through the website in accordance with this Agreement, of the results of intellectual activity is prohibited, in particular, translation into a foreign language, processing into a computer program, as well as the creation of new results of intellectual activity derived from specified, without obtaining a special written permission of the Contractor.
10. FINAL PROVISIONS
10.1. The Agreement contains the entire scope of agreements between the parties regarding the subject, term, price and other essential conditions thereof, which cancel and invalidate all other obligations or representations that could have been accepted or made by the parties orally or in writing prior to its conclusion. After the conclusion of the Agreement, all previous agreements between the parties are recognized as invalid, and the parties are guided solely by the terms of this Agreement. In everything else that is not provided for by the Contract, the parties are guided by the legislation of the Russian Federation, and in the absence of a rule of law regulating the legal relations that have arisen, the established business practices and scientific doctrine.
10.2. The integral parts of the Agreement are: The Terms and Conditions of use of the website, the Privacy Policy regarding the collection and processing of personal data, the Customer's consent to the processing of personal data, other documents and information posted on the website.
10.3. The Contractor has the right to unilaterally make changes and (or) additions to the Public Offer by making changes (additions) to the current version or in the form of accepting a new version of the Public Offer, provided that the Customer is notified by publishing information on the website on the day of their entry into force.
10.4. The publication of changes made to the Public Offer or the posting on the website of a new version of the Public Offer means the proper performance by the Contractor of their duty in terms of notifying (informing) the Customer, whose duties include familiarization with the Public Offer and checking the changes during subsequent use of the website. If the Customer continues to use the website, exercise the rights and obligations under the Contract after making changes to the terms of the Public Offer, this means the Customer agrees to the new changes.
10.5. Any changes to the Public Offer from the moment of entry into force apply to all Customers, including those who accepted the Public Offer before the date of entry into force of the changes. At the same time, the parties understand and agree that such changes apply to the previously concluded Agreement exclusively in the part of legal relations that will arise after the entry into force of the amendments.
10.6. The Parties acknowledge that if any of the individual provisions of the Agreement becomes invalid during the term of its validity due to changes in legislation or on the basis of a court decision, the remaining provisions of the Agreement are binding on the parties during the term of the Agreement.
10.7. The Parties recognize the legal force of correspondence using electronic communication channels specified in the Contract, on the website and provided by the Customer when using the website. The correspondence is legally significant with respect to messages that are directly related to the Contract and sent using means of communication that were provided via the website and allow you to reliably identify the sender.
10.8. The Parties undertake to maintain confidentiality of access to messengers by contact phone (mobile) and e-mail address provided to each other through the website, in connection with which they undertake to take all necessary and sufficient security measures and not to transfer access to messengers and e-mail to third parties.
10.9. In case of change of personal data and details, the party is obliged to immediately notify the other party about it, with the appropriate documents attached. At the same time, the parties agree that notifications and payments made to the old addresses or details before the receipt of the relevant notifications of their change are considered due and proper execution.
10.10. The Public Offer is made in Russian and in accordance with the legislation of the Russian Federation. The original copy of the Public Offer is stored at the location of the Contractor. In order to ensure unrestricted access to the Public Offer, it is published freely and around the clock on the website.