By accepting this public offer, you agree to all the conditions set out below and confirm that you understand all its provisions and conclude an agreement on the provision of services with Fazarosta.com based on these conditions.PUBLIC CONTRACT (OFFER)
DEFINITION OF TERMS
- This offer is addressed to any person (indefinite circle of persons) (hereinafter "Customer") and is a public offer of the Contractor to conclude a contract for the provision of services, posted on the Internet at https://yaroslav-samoylov.com/en/public-contract-offer and can be sent to the Customer's e-mail (hereinafter the Agreement) on the following terms:
- For the purposes of this Agreement, the terms are used in the following sense:
- Acceptance is full, unconditional and unconditional acceptance by the Customer of the terms of this Agreement without any exclusions and/or limitations and is equivalent to the conclusion of a bilateral written Agreement.
- The Customer is a person who has accepted the terms of this Agreement and becomes a Customer of the Contractor's services under the concluded agreement. The customer can be any legally competent physical person who has reached the age of 18 and intends to receive the services of the Contractor in the order and under the conditions specified in this Agreement.
- The contractor is Fazarosta LTD and persons (business entities) who have the right to provide the services provided for in this Public Contract (offer). The name of the Contractor is indicated in the invoice or other documents for payment of the Services.
- Services — paid, personal access to the Site Programs or Web page for use by the Customer.
- The program is a complete set of online classes (webinars, trainings), electronic versions of audio and video recordings, seminars, trainings, courses, phonograms, videograms, textual, audiovisual works, interconnected and structured on a certain topic, protected by international legislation in the field intellectual property and confidential information.
- The site is a collection of data, electronic (digital) information, other objects of copyright and (or) related rights, etc., related to each other and structured within the address https://fazarosta.com, which can be accessed through the specified address Internet networks.
- A personal link is a personal, formalized in accordance with the standards of the Internet, a record of the address of the site or its part (Web page), which allows the Customer to access the Site on the Internet.
COST OF SERVICES AND PROCEDURE OF CALCULATIONS
- The contract is concluded between the Executor and the Customer of services in the form of an attachment contract.
- This Contract is a public contract (hereinafter referred to as the Contract), which is considered to be concluded between the Contractor, on the one hand, and the Customer, on the other, from the moment of Acceptance, the last of all, without exception, and the provisions of this Contract.
- In accordance with the procedure and conditions specified in this Agreement, the Contractor undertakes to provide the Customer with services, and the Customer undertakes to accept and pay for the Services rendered.
- Acceptance by the Customer of the terms of this Agreement is an action that indicates agreement to comply with the terms of this Agreement.
- The Customer accepts the Agreement after familiarizing himself with its terms and conditions posted on the Site by performing any of the following actions, either collectively or individually:
- Completion by the Customer of an application for the purchase of the Program;
- Payments by the Customer in full;
- Placing the corresponding mark "I have familiarized myself with the terms of this contract and I accept its terms".
- The written form of this Agreement, in accordance with the Law on Electronic Commerce, may additionally be confirmed by sending an electronic letter.
- The list and cost of providing Services are posted on the Site.
TERMS OF PROVISION OF SERVICES
- The cost of the Services depends on the selected Program and is indicated on the Contractor's Website or indicated in the invoice for payment, which is sent to the Customer after completing the Application for participation in the Program.
- The Contractor has the right to unilaterally change the price of the Program until the moment of payment by publishing a new price on the Site.
- The customer makes payment on the basis of 100% prepayment.
- By agreement of the Parties, the Customer may be granted the right to make payment in installments.
- Payment means familiarization and full agreement of the Customer with the terms of this Agreement.
- Payment for Services is carried out by transferring funds to the current account of the Contractor. Payment methods for the selected Service are indicated on the Site or in the payment invoice, which are sent to the Customer after completing the Application for the purchase of the Program.
- The service is considered paid from the moment funds are credited to the current account of the Contractor.
- In case of payment of the Service in parts and non-payment of any part of the payment within the agreed term, the Contractor has the right to refuse the Customer access to the corresponding Program without refund of the paid funds.
RIGHTS AND OBLIGATIONS OF THE CUSTOMER
- To receive services, the Customer fills out an Application for participation in the Program on the Site.
- In confirmation of the Application, the Contractor sends the Customer an invoice for the payment of the Services (the selected Program) by e-mail or by another method.
- The Customer pays for the Program by one of the selected methods, after which he informs the Contractor about the payment with the provision of supporting documents, by the method specified in the payment invoice.
- After the Contractor receives confirmation of payment, the Customer will be sent a Personal link to the e-mail address specified when filling out the application for participation in the Program.
- After sending a Personal link, the Contractor's obligations to the Customer are considered to be fulfilled by the parties in full, and the paid funds are not subject to return.
- If the Customer does not receive the Personal link within 2 (two) working days, the Customer must contact the support service of the Contractor by sending a letter to the e-mail address: firstname.lastname@example.org
- The personal link is valid for one Customer who received the specified link. Personal link transfer to third parties is prohibited.
- After receiving the Personal link, the Customer must fill out the registration form for access to the Personal Account, specifying the necessary identifying data.
- The Customer is independently responsible for maintaining the confidentiality and security of access to his Personal (Personal) account, as well as all actions that take place with the help of the Personal (Personal) account, and undertakes to immediately notify the Contractor of any violation of the security of the Personal (Personal) account.
- To gain access to the Program, the Customer independently ensures compliance with the appropriate technical conditions for a personal computer or a second mobile device.
- The use of information and materials received by the Customer (audio, video recordings, etc.) is allowed only for personal non-commercial purposes and for personal use, taking into account ensuring the safety of this information from unauthorized and/or public distribution.
- The Contractor has the right to unilaterally refuse to provide services and cancel the Customer's access to the selected program in the event of establishing the facts of the Customer's transmission of the Personal link to third parties, distribution of information and materials (audio, video, etc.) obtained as a result of receiving the Services to third parties , as well as public distribution.
- The Contractor is not responsible for the Customer's inability to use the Services for reasons beyond the Contractor's control.
RIGHTS AND OBLIGATIONS OF THE EXECUTIVE
- The customer has the right to:
- Get access to the Program under the terms of this Agreement.
- Receive from the Executor information about the Programs, the conditions of their provision by calling the telephone numbers specified on the Site, or send a corresponding request to the e-mail specified on the Site, or through the feedback form.
- Enter the Personal Cabinet under your account at the same time from only one access point (personal computer, laptop, netbook, tablet, etc.).
- The customer uses all the rights of the consumer in accordance with the current legislation of Great Britain, which regulates these legal relations.
- The customer undertakes:
- Pay for access to the Programs in full in the order and terms stipulated in this Agreement.
- Provide reliable information about yourself in the process of filling out an application for participation in the Program. The customer is responsible for the accuracy of such information.
- Maintain the equipment and communication channels providing access to the Site in good technical condition.
- Independently and in a timely manner gets acquainted with the information about the time, date, cost and conditions of the provision of Services, which is posted on the Site. The customer is not entitled to submit claims to the Contractor in case of untimely familiarization or lack of familiarity with the information on the Site. The customer assumes full responsibility for the consequences of untimely familiarization or non-familiarity with the information posted for him by the Contractor on the Site.
- They will fulfill the recommendations, homework, requirements, etc., set out in the corresponding Program.
- Provide the Contractor with up-to-date information on means of communication for sending informational materials, as well as for the Contractor's communication with the Customer within the framework of providing access to the Programs, in accordance with this Agreement.
- The customer is prohibited from:
- They will record in any form (through audio-, video-recordings, downloading, screenshots, photography and other methods of copying, modification, storage, distribution of information) Program materials, access to which is provided under this Agreement.
- To use the information and materials received under this Agreement for both commercial and personal purposes by retelling or distributing in any way the knowledge received from the Performer.
- Use the information received from the Contractor, including (without limitation) for the purpose of creating a similar and/or competitive service or service, or for the purpose of obtaining commercial or financial benefits without prior agreement with the Contractor.
- They will carry out their activities on the basis of the Contractor's Services.
- Allow the dissemination of unreliable, false information, information that defames the honor, dignity, business reputation of the Performer, trainers and other persons, as well as information that incites and calls for inter-ethnic, ethnic, sexual, racial intolerance, enmity, war, changes in the state structure of countries, information , the distribution of which is prohibited by the current legislation of Great Britain and the norms of international law depending on the territory of the provision of services.
- Transfer and/or provide access to the Programs to any third parties, as well as acquire access to the Programs jointly with third parties.
WARRANTIES AND REPRESENTATIONS OF THE PARTIES
- The executor has the right to:
- Independently determine the forms and methods of providing access to the Programs, taking into account the requirements of the current UK legislation and the terms of the Agreement.
- Unilaterally determine the cost of the Programs.
- Independently determine / change the content, duration, amount of information within the framework of the Program, functional features, the interface of the Web page.
- Independently involve third parties in the provision of Services.
- They will receive from the Customer any information necessary to fulfill their obligations under the Agreement. In case of non-presentation of information, incomplete or incorrect presentation of information, the Contractor has the right to suspend the provision of access to the Programs under the Agreement until such information is provided by the Customer.
- Conducts questionnaires, surveys of the Customer, including requests for received feedback on the received Programs, distributes (publishes or otherwise distributes) the results of the questionnaire (survey) and received feedback in compliance with the requirements of the UK legislation on the protection of personal data.
- Refuse to provide access to the Programs or limit access to the Customer without refund of the paid funds in the following cases:
- Provision of false information by the Customer.
- Non-compliance by the Customer with the terms and order of payment, in the case of payment in accordance with the procedure provided for in Section 3 of the Agreement.
- Violation by the Customer of clause 4.11, 5.12-5.16 of the Agreement.
- Mass mailing of information messages (including advertising) to the Customer's email address will be carried out. At the same time, such messages must contain links to opt out of the newsletter, which allows the Customer to independently refuse to receive this newsletter.
- Unilaterally makes changes to the terms of the Agreement by posting a new version of the Agreement on the Site.
- The contractor undertakes:
- It will provide access to Programs of proper quality in the order and under the conditions stipulated by this Agreement.
- Stores information and data (including personal data) received from the Customer to fulfill the terms of this Agreement.
- Provide the Customer with information about the Programs, the conditions for their provision.
RESPONSIBILITY OF THE PARTIES
- The Customer, accepting the terms of this Agreement, assumes the risk of non-receipt of profit and the risk of possible losses associated with the use of knowledge, skills, and abilities acquired by the Customer during the provision of Services.
- The Contractor, while guaranteeing the quality of the Services provided, does not provide guarantees for uninterrupted, safe, error-free, and exact compliance of the Services with the Customer's expectations for the content of the Services and the results obtained by them.
- Guaranteeing the successful application of the acquired knowledge, skills, and abilities, as well as the receipt by the Customer of the Service of a certain profit (income) with their use (realization) in a certain or indefinite future, the Contractor is not responsible for not receiving a profit (income), receiving a profit (income) below expected by the Customer, as well as for direct and indirect losses of the Customer, since the success of using the knowledge, skills and abilities acquired by the Customer depends on many factors known and unknown to the Contractor: determination, hard work, perseverance, level of intellectual development, creative abilities of the Customer, other individual qualities and personal characteristics that are accepted by both Parties.
- The contractor does not carry out educational, teaching or pedagogical activities and does not provide educational services, does not issue any certificates, certificates, diplomas and the like.
- By agreeing to the terms of the Agreement and accepting its terms, the Customer guarantees that he has provided complete, reliable and up-to-date data, including personal data, when filling out the Application for participation in the Program, entering any registration data and making payment, and does not use the data of other persons (in including personal data).
- The customer guarantees that he does not intend to carry out any actions that would interfere with the business reputation of the Contractor and / or third parties bound by contractual relations with the Contractor, or contrary to the legislation of Great Britain, international norms and customs of business turnover; his actions are aimed at obtaining services and they do not contain malicious intent, fraudulent intentions, requests for unauthorized access and public dissemination of information that is the property of the Contractor.
- The parties guarantee that they have the necessary legal capacity and legal capacity to conclude the Agreement.
- Access to the Programs is provided "as is", and the Contractor does not provide the Customer with any guarantees.
- No conditions, warranties, or other provisions (including any implied terms regarding satisfactory quality, fitness for a particular purpose, or description) apply to the Programs, except those expressly stated in the Agreement.
- The above-listed terms of the Agreement do not affect the operation of the legal rights inherent to the Customer as a consumer, which by virtue of the agreement the Customer cannot change and which cannot be waived.
CIRCUMSTANCES OF FORCE MAJEURE(FORCE MAJEURE)
- In case of non-fulfilment or improper fulfillment of the obligations established by the Agreement, the Parties shall be liable in accordance with the legislation of Great Britain and the provisions of the Agreement.
- The Contractor is not responsible for non-receipt of services by the Customer under this Agreement, in case:
- Provision of false information by the Customer in fulfillment of the terms of the Agreement, including, but not limited to, contact information (e-mail, Skype), as well as failure to provide information in the event of changes to the information previously provided;
- The Customer cannot receive the Services for technical reasons beyond the control of the Contractor, in particular, if the Customer does not have access to the Internet as a result of the actions of telecommunication operators, providers, the influence of computer viruses and / or other malicious programs, due to the lack of necessary hardware and/or improper payment for such access.
- The Contractor is not responsible for the quality of public communication channels or services providing the Customer with access to the Services provided by the Contractor.
- The Contractor is not responsible for the Customer's actions, as a result of which damage was caused to other Customers of the Contractor's services, nor is he responsible for the damage caused to the Customer as a result of the actions of other Service Customers.
- The Contractor is not responsible for non-compliance of the content of the Service with the Customer's expectations and/or his subjective assessment. Such a lack of expectations and/or a negative subjective assessment is not a reason to consider the services provided to be of poor quality or not in the agreed volume.
- The Contractor is not responsible for the actions of third parties that took place during their authorization on the Site (Web page) on behalf of the Customer.
- The customer is solely responsible for any consequences, including the expected results from the service received.
- All disputes between the Parties are considered through negotiations on the basis of conflict resolution with maximum consideration of the interests of the Customer and the Contractor.
- If the Parties are unable to reach an agreement on disputed issues through negotiations, such disputes shall be referred to the court in accordance with the current legislation of Great Britain.
PROTECTION OF PERSONAL DATA AND CONFIDENTIAL INFORMATION
- The parties are released from responsibility for partial or complete non-fulfillment of any of the provisions of the Agreement, if this is a consequence of circumstances that occurred after the entry into force of the Agreement and are beyond the control of the non-performing party. Such causes include natural disasters, extreme weather conditions, fires, wars, strikes, military actions, civil disturbances, acts of terrorism, malfunctions in the operation of public telephone networks, electronic communication channels, as well as decisions of state bodies, etc., but not are limited by them (hereinafter - force majeure). The period of exemption from liability begins from the moment of declaration of force majeure by the non-performing Party, which is confirmed by the corresponding certificate, certified by the Chamber of Commerce or other evidence. If force majeure arose as a result of a decision of state bodies, the Parties consider that the text of such a decision is sufficient evidence of the occurrence of force majeure circumstances.
- Circumstances of force majeure automatically extend the term of performance of obligations for the entire period of its effect and liquidation of consequences. The Parties must inform each other immediately of the occurrence of force majeure. If these circumstances continue for more than six months, each of the Parties will have the right to refuse further performance of obligations under the Agreement, and in this case, none of the Parties will have the right to be compensated by the other Party for possible losses.
INTELLECTUAL PROPERTY RIGHTS
- By agreeing to the terms of the Agreement and accepting the terms of the Agreement, the Customer gives the Contractor unequivocal consent to the processing and use of any personal data that became known to the Contractor as a result of the provision of Services under the terms of this Agreement in accordance with the legislation of Great Britain in the field of personal data protection.
- Processing of personal data includes, but is not limited to, collection, registration, accumulation, storage, adaptation, modification, updating, use and distribution (distribution, implementation, transfer), depersonalization, destruction of personal data processed by the Contractor, any person related to the Contractor control for the purpose of maintaining a database of personal data of Customers.
- The Customer agrees that the Contractor shall not obtain additional consent from the Customer for the transfer of the Customer's personal data to any person connected with the Contractor by control or contractual relations.
- All information that became known to the Customer in connection with the receipt of Services from the Contractor under this Agreement (including access passwords to the Programs) is confidential information and trade secrets of the Contractor.
- The Customer undertakes not to divulge or transfer the Contractor's confidential information and trade secrets for perusal and/or use to third parties without the Contractor's prior written consent.
- All online classes (webinars, trainings) in the form of speeches, lectures, speeches; audio and video practices, audio and video lessons, recordings of online broadcasts in the form of audiovisual works, phonograms and videograms, photographic works, images, articles and any other materials received by the Customer for the fulfillment of the terms of this Agreement (hereinafter - Materials) are considered objects intellectual property rights and subject to protection.
- Copyright and related rights to the Materials to which access is provided to the Customer belong to the Performer. The Customer is granted only the right to use the Materials exclusively for personal, non-commercial purposes, taking into account the confidentiality status of this information.
- Copying, reproduction, distribution, performance, public communication, demonstration, display, use, translation, processing, adaptation and any similar changes of the Materials without the prior written consent of the Artist are prohibited in any way.
- This Agreement enters into force from the moment of its conclusion, provided for in Clause 2.5 of the Agreement, and is valid until the Parties fully fulfill the terms of the Agreement.
- This Agreement may be terminated before the expiration of its term by mutual agreement of the Parties or unilaterally in the cases provided for by this Agreement in accordance with the terms of this Agreement.
- In cases not provided by this Agreement, the Parties are governed by the current legislation of Great Britain.
- The Parties confirm their complete and unambiguous understanding of the subject matter and content of this Agreement, the rights and obligations of each Party arising from or related to the implementation of the Agreement, the essence of the terms used in the Agreement, as well as the correspondence of the text of the Agreement to the intentions and will of the Parties.
- If any provision (part) of the Agreement is or becomes invalid for any reason, this fact does not affect the validity of other provisions of the Agreement as a whole.
- The parties agree that the law of Great Britain shall apply to the relations arising between them on the basis of this Agreement.
- The parties have the right at any time to conclude this contract in the form of a written bilateral document.
Registrar number: 10979225
Beneficiary’s address: 15 St Helen’s Place, London, Greater London, United Kingdom, EC3A 6DQ