- GENERAL PROVISIONS
1.1 The Public Offer Agreement is an official offer of the Contractor to an unlimited number of persons to provide information services remotely, on the terms and conditions provided for by this offer, by placing an order in the online store on the website https://edu.trening.center.
1.2 A public contract in accordance with Articles 633, 641 of the Civil Code of Ukraine, the same for all Customers, the unconditional acceptance of the terms of which by the Customer (payment in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) shall be deemed acceptance of this Agreement between the Contractor and the Customer.
1.3 This Public Agreement for the provision of information services (Offer) shall be deemed concluded (accepted) from the moment the Customer pays for the services (goods) on the Contractor’s website and creates an account.
1.4 The Contractor and the Customer shall provide mutual guarantees of their legal capacity and capacity to act, necessary for the conclusion and performance of this Agreement for the provision of information services.
2 DEFINITIONS AND TERMS
2.1 For the purpose of this Offer, the following terms shall have the following meanings:
Offer means the Contractor’s offer to conclude this Public Offer Agreement on the terms and conditions set forth in this Agreement, addressed to an unlimited number of persons.
Website – the website https://edu.trening.center used by the Contractor.
Information services – any services of the Contractor, including (but not limited to) the provision of multimedia materials (video courses, audio recordings, e-books), text content, software, graphic files, templates, etc. for a fee.
Acceptance of an offer is acceptance by a person of an offer to enter into an agreement (by clicking on the links “Checkout”, “Purchase”, “Buy”, “Add to Cart”, “Sign up for a course” or similar), which imply the desire to purchase, as well as by placing an order through an online store operator.
The Customer shall mean the person who has accepted the Offer on the terms and conditions set forth therein.
3. SUBJECT OF THE CONTRACT
3.1 The subject of this Offer is the provision of information services to the Customer for a fee.
3.2 The cost of each type of information service is set on the Contractor’s website.
3.3 Payments under this Agreement shall be made online, using payment card systems when the Customer clicks the “Pay” button (“Buy”, “Subscribe”, “Add to Cart”, “Sign up for a course”) and other wording that implies an action for a paid connection to the content.
3.4 The Customer may contact the contacts indicated on the website if it is impossible to use the automatically proposed payment method to agree on a payment method by bank transfer to the entrepreneur’s account.
4. TERMS OF PROVIDING INFORMATION SERVICES
4.1 The time of access to the content is set indefinitely, unless otherwise specified in the description of a particular service. For services with a limited validity period, the access time may be extended on the basis of an additional payment.
4.2 Types and methods of payment for each type of Information Service are indicated on the Website.
4.3 If the Customer has not received access to the Information Service within 3 business days for any reason, he/she should contact the Contractor’s support service at the e-mail address indicated at the end of the page.
4.4 This offer has the force of an act of service provision. Acceptance is made without signing the relevant act.
4.8 The Contractor has the right to close access to the content and the website for the Customer without refunding the payment in case of attempts to copy protected content and/or copyright infringement, unauthorized distribution of content, offensive behavior in the discussion of the received materials, attempts to post spam and unauthorized advertising on the Contractor’s website, obscene statements, incitement to ethnic conflicts, insults based on language, nationality, race, skin color, religion, etc.
4.9 The Customer’s use of information and materials received as a result of information services is allowed only for personal purposes and for the Customer’s personal use.
4.10. Video materials on the Site are protected by copyright and can be viewed only by a person registered on the Site, without the right to transfer access to other persons. Downloading of video materials and their distribution is prohibited. Access to protected textual content is carried out using its own system of information protection against piracy (downloading, copying, printing).
4.11 Attempts to download protected content are regarded as unauthorized interference with the operation of information and computer machines, Article 361, Chapter 16 of the Criminal Code of Ukraine. The Contractor has the right to deny access to the content in case of creating an artificial load on the servers of the educational platform, such as creating numerous parallel connection sessions, parallel (simultaneous) viewing of several videos, DDoS attacks, using connections via the Tor network, scanning sites and other actions that pose a threat to the security and stability of the educational platform.
4.12. The Contractor shall not be a cinematography entity and shall not broadcast videos and films made with public funds of the jurisdiction of its registration.
4.13. The Contractor shall broadcast video and audio content on demand via the Internet in the language of the prepared language version and may restrict access to content from certain countries.
4.14 The content of the site is a product of subjective author’s journalism and is not an official publication or certified training manual. The content cannot be interpreted as tax, legal, medical, technical, educational or other types of specialized consulting services that require licensing, accreditation, certification or any other authorization in Ukraine or other countries.
5. CUSTOMER REGISTRATION ON THE WEBSITE
5.1 The provision of the Information Service to the Customer is possible provided that the Customer creates a corresponding account on the Website. The account must contain an e-mail address. The Customer’s surname, name and phone number are optional, but may be specified in the user profile to facilitate technical support of customers.
5.2 The Customer is responsible for the confidentiality of the password. If the Customer establishes the facts of unauthorized access to the account, he undertakes to notify the Contractor’s support service of this circumstance as soon as possible at the e-mail address indicated at the end of the page.
6. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR
6.1 The Contractor shall provide the Customer with round-the-clock access to the purchased materials on the Website for a period of 3 months using the Customer’s account.
6.2 The Contractor shall be responsible for the storage and processing of the Customer’s personal data, shall ensure the confidentiality of this data in the process of its processing and shall use it exclusively for the quality provision of information services to the Customer.
6.4 The Contractor guarantees to provide the Customer with complete and accurate information about the service provided upon request.
6.5 The Contractor does not store payment information on its website. The payment processing service is provided by third-party financial companies and banks certified by financial regulators.
6.6 The Contractor has the right to update the previously provided content at its sole discretion.
6.7 The Contractor shall have the right to block the Customer’s account in case of violation of the rules specified in clauses. 4.8, 4.9, 4.10, 4.11 of this Offer without refund. 7. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
7.1 The Customer shall provide accurate information about himself/herself in the process of creating an account (registration) on the Website. The Customer is responsible for the accuracy of such information.
7.2 The Customer undertakes not to reproduce, duplicate, copy, sell, or use for any purpose the information and materials made available to him/her in connection with the provision of information services, except for their personal use.
7.3 The Customer is obliged to maintain in good technical condition the equipment and communication channels that provide him/her with access to the online program, to log in with his/her account(s) simultaneously from only one personal computer or mobile device. The Contractor shall not be liable for the failure to provide (poor quality provision) of the Information Service for reasons beyond the Contractor’s control (including due to failure to comply with clause 7.1 of this offer).
7.4 The Customer enjoys the rights of a consumer in accordance with Article 13 of the Law of Ukraine “On Protection of Consumer Rights”, which regulates relations with the paid provision of remote services. According to clause 5 of Article 13, “Unless otherwise provided by the agreement, the consumer has no right to terminate the agreement concluded at a distance if:
1) the provision of the service or delivery of goods by electronic means of communication with the consent of the consumer took place before the expiration of the termination period specified in part four of this article, as the consumer was notified in the confirmation of information;
4) the consumer has opened an audio or video cassette or computer software media that is delivered sealed;
7.5 Thus, the Customer’s access to the closed section of the website does not allow him to demand termination of the agreement and refund.
7.6 All complaints regarding the quality of the Information Service shall be sent by the Customer to the Contractor’s address by means of an e-mail specified at the end of the page. The term for consideration of the Customer’s claim by the Contractor shall be 30 (thirty) days (including claims containing a request for a refund) from the date of receipt of the claim to the Contractor, after which the Contractor shall make one of the following decisions: 1) to disagree with the claim and refuse to refund the funds, or 2) to agree with the claim and satisfy the request for a refund.
7.7 In case the Contractor decides to refund the funds, the funds shall be returned to the Customer by crediting them to the Customer’s account to a credit card, personal account or other details agreed upon by the parties. All refunds shall be made subject to the Customer’s submission of an application to the Contractor in the form to be sent to the Customer by e-mail. The Parties unconditionally accept that the final decision on the method of refund remains at the discretion of the Contractor in each case. Banks, payment systems, payment service providers and financial regulators may impose their own restrictions on the methods of refund, which the Contractor shall take into account. In case of a refund to the Customer’s account in the bank or to the Customer’s account in the payment system, a completed application for a refund with the Customer’s signature in the form in scanned electronic form shall be sent to the Contractor by e-mail (the following file formats are allowed: jpeg, pdf). The application for a refund must contain information about the Customer’s account, the commercial organization (bank) where the account is kept, and its address. In case the application does not contain the necessary information required for the refund, the Contractor does not guarantee the terms specified in clause 7.8.
7.8 The funds shall be credited to the account in the bank specified by the Customer within 30 calendar days from the date when the Contractor has received the signed and scanned application of the Customer in the form. A financial document confirming the deposit of funds by the Contractor to the Customer’s account shall be evidence of the fulfillment of the Contractor’s obligations to return the funds to the Customer, which is unconditionally accepted by the parties.
8. RESPONSIBILITY OF THE PARTIES
8.1 The Contractor and the Customer, taking into account the nature of the service provided, undertake to apply the pre-trial procedure for dispute resolution in case of disputes and disagreements related to the provision of information services. If it is impossible to settle the dispute out of court, the parties have the right to apply to the Ukrainian court.
8.2 For non-fulfillment or improper fulfillment of obligations under this Offer, the parties shall be liable in accordance with the laws of Ukraine.
8.3 COPYRIGHT NOTICE AND DISCLAIMER
8.3.1 Content status: All materials on this platform are the result of the author’s many years of journalistic activity. This is the author’s subjective analysis, collection of information from open sources and personal experience. The content is provided in an “as is” format for educational purposes.
8.3.2 Lack of consulting services: The author acts exclusively as a journalist-analyst and writer, and not as a licensed tax consultant, attorney, lawyer or medical professional (psychologist/psychotherapist). Access to the platform does not constitute the provision of individualized assistance.
8.3.3 For foreign clients: The author does not carry out activities subject to licensing. The materials are a media product that falls under the protection of freedom of speech and dissemination of information in accordance with the legislation of Ukraine.
8.3.4 No warranties and limitations of liability: Due to the dynamic nature of legislation and the individual characteristics of each situation, the author is not responsible for the financial, legal or emotional consequences of using the information provided. Any actions taken on the basis of what you have read are the personal choice of the user.
9. QUALITY ASSURANCE OF INFORMATION SERVICES
9.1 By accepting the terms and conditions of this Offer, the Customer also assumes the risk of loss of profit and the risk of possible losses associated with the use of knowledge, skills and abilities acquired by the Customer in the course of providing information services.
9.2 The Contractor does not guarantee the success of the application of the acquired knowledge, skills and abilities, as well as a certain profit (income) with their use (realization) in a certain or indefinite future as a result of the purchase of the Information Service. The Contractor shall not be liable for failure to receive profit (income), receipt of profit (income) lower than the Customer’s expectations, as well as for direct and indirect losses of the Customer, since the successful use of the acquired knowledge, skills and abilities by the Customer depends on many factors known and unknown to the Contractor: dedication, diligence, perseverance, level of intellectual development, creative abilities of the Customer, other individual qualities and personal characteristics, which are accepted by both parties.
10 FORCE MAJOR
10.1 The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement if such failure was caused by force majeure circumstances that arose after the conclusion of this Agreement and made it impossible to fulfill their obligations under the terms of this Agreement. Such circumstances include, but are not limited to, man-made, natural or environmental emergencies, accidents in power supply systems, destruction of these systems caused, in particular, by earthquakes, floods, storms, etc., prolonged absence of electricity and the Internet for reasons beyond the control of the parties, warfare, rebellion, strike, riots, disturbances, unrest and other illegal actions, as well as the state of health of the Contractor (and/or the author of the materials), flood, fire, antithesis and other dangerous events that may lead to health hazards.
10.1. The term for fulfillment of the obligations under this Agreement shall be postponed for the period of time during which such circumstances and their consequences were in effect.
10.2 The Parties agree that in the event of the circumstances provided for in clause 10.1. of the Agreement, force majeure and their consequences continue to operate for more than six months, the Parties shall negotiate as soon as possible to identify alternative ways of fulfilling the terms of this Agreement acceptable to both Parties and reach appropriate written agreements.
11 OTHER PROVISIONS
11.1 The Customer warrants that all terms of the offer are clear to him and he accepts them unconditionally and in full, without any conditions, exceptions or reservations.
11.2 In the event not regulated by this Agreement, the Parties shall be guided by the rules established by the current legislation of Ukraine.
11.3 The laws of Ukraine shall apply to this Agreement.
11.4 The Parties give each other consent to the processing and storage of personal data that becomes known to them in connection with the conclusion of this Agreement, to the extent necessary in accordance with the requirements of the current legislation of Ukraine.
11.5. The Contractor under this Agreement is an individual entrepreneur
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