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for the conclusion of an agreement for the provision of NAUKROOM services.
From June 23, 2023.
This Public Offer is an offer to conclude an agreement for the provision by NAUKROOM educational services, located on the website https://www.naukroom.pro. It is not necessary to sign the agreement to conclude the agreement. It is enough to agree to the terms of this Public Offer by paying for the services or products of the Contractor (make Acceptance). If you do not agree to the terms of this Public Offer and/or the Privacy Policy, you should not register on the Site, pay for and use the services, other products of the Contractor.
1.BASIC TERMS
Internet resources of the Performer —the Internet wesite located at the domain address: https://www.naukroom.pro/ (after - the website) and/or on subdomains, any other electronic service, platform, mobile application, messenger of the Performer, in including Viber, Telegram, etc., on which this Public Offer and information about the Contractor's Services are posted and available to the Customer for acceptance.
The Customer is a real human who made the Acceptance by paying for services and/or other products of the Contractor under the terms of this Public Offer and the Additional Terms posted on the Contractor's internet resources.
The contractor is the online school of Oleksandr Koliada "NAUKROOM" (the details are indicated on the website and/or in the details of this Offer and/or in the electronic receipt for the provision of services).
Public offer / Offer — of the Contractor, published on the website or on another Internet resource, addressed to any real human to enter into an agreement for the provision of educational services on the terms specified in this Offer and in accordance with specific additional conditions set out on the website and internet resources of the Performer. The offer can be made by sending a commercial electronic link to it to the Customer through messengers, e-mail, if the latter does not have the opportunity to read through the website or another electronic resource of the Contractor.
Acceptance is the full and unconditional agreement of the Customer with all the provisions of the Offer and Additional Terms, set out on the website or other online resources, and which is carried out by the Customer by registering on the website and making a 100% (one hundred percent) prepayment for the Services chosen by them.
Services —educational services and/or accompanying info-products, Information about which is posted on the website and which are provided after the Customer has made the Acceptance in accordance with the terms of the Offer by the Contractor and the Additional Terms. Services are provided remotely over the Internet by providing access to the personal account on the website and/or other Internet resources of the Contractor.
Contract — an agreement on the provision by the Contractor on a paid basis to the Customer of remote educational services and/or other products, which comes into effect upon the Customer's acceptance of this Offer in accordance with the conditions set forth in it and the Additional Terms posted on the Contractor's internet resources.Additional conditions - information about specific essential conditions regarding the Contractor's Services and products sold on the website, namely the name of the Course, price, terms, access period, content of various programs and packages, installment conditions, special promotions and offers, term and other conditions. Additional conditions may change from time to time and are current as of the date of Acceptance. They are posted on the website and/or other Internet resources of the Contractor and are an integral condition of this Offer. Additional conditions may be notified to the Customer by sending a link to the Internet resources of the Contractor by means of electronic communication. communication (via messengers, e-mail, etc.).
Registration - entry of personal data by the Customer on the website for the purpose of authorizing the account and obtaining access to the Services after acceptance.
Account-a set of personal data of the Customer, entered by him during registration on the website or other online resource of the Customer and necessary for obtaining access to the Services. The Customer's account can be changed or deleted by them or by the Contractor after the end of the term of providing the Services.
Content - objects of intellectual property of the Performer and his partners, which are placed on the website and other Internet resources of the Performer, including but not limited to the name NAUKROOM, the design of the website, materials of courses, lessons, texts, presentations, templates, audiovisual works, video courses , phonograms, graphic images, and other objects to which the Customer gained access as a result of Accepting this Offer, as well as those that are publicly available on the website and other Internet resources of the Contractor. Intellectual property rights to the Content, including property rights, and rights to the sign for goods and services (trademark) of NAUKROOM are not transferred to the Customer.
Regulations of the training process - the rules of training at NAUKROOM courses are mandatory for the Customer to follow. In case of violation of the Regulations of the educational process, the Customer may be refused further education by limiting access to Course materials, admission to testing and certification. After paying for the Coursethe broadcaster gets access to the Regulations of the educational process through the website or the electronic resource of the Performer and is obliged to familiarize themself with it before starting the training. The regulation is approved by the owner or an official of the Contractor and does not require signature by the Customer. If the Customer does not agree with the Regulations, they are obliged to inform the Contractor about this before the start of classes in order to resolve the issue of refusal to participate in the training. If within 3 (three) calendar days after receiving access to the Regulations, the Customer has not sent such a message, it is considered that he fully agreed with the Regulations of the training process and undertakes to comply with them during training.
2. SUBJECT AND PROCEDURE OF CONTRACT CONCLUSION
2.1. The Contractor shall provide the Customer with the Services, and the Customer shall pay and accept them in accordance with the terms of this Offer and the Additional Terms in effect on the date of Acceptance.
2.2. Form of service provision - services are provided remotely, training in the Courses takes place online through the Internet, by providing the Customer with access to the Services on the website and Internet resources of the Contractor.
2.3. All essential conditions for the provision of Services are defined in this Offer and Additional Terms on the Site, other Internet resources of the Contractor or sent to the Customer by means of electronic communication.
2.4. In the event that the Customer pays for the Services at a price and on terms that are no longer current on the date of payment, the Contractor shall notify the Customer of this, offer current prices and conditions (if available), and refund the funds if the Contractor refuses. Additional costs related to the refund are borne by the Customer.
2.5. The terms of this Offer and the Additional Terms are binding for the Customer and the Contractor from the date of Acceptance.
2.6. If the Customer does not agree with the terms of the Offer, Additional Terms and/or Privacy Policy, they have no right to accept the Offer.
2.7. If the Customer does not understand any of the essential conditions for the provision of Services, they are obliged to contact the Contractor for their clarification before making the Acceptance. Otherwise, they do not have the right to claim that they were unaware of the terms of the provision of Services and, on this basis, to refuse the paid Services and on this basis to demand termination of the Agreement.
2.8. In the case of acceptance, the Customer is considered to have read and agreed to the terms of the Offer, Additional Terms and Privacy Policy.
2.9. Acceptance and conclusion of the Agreement by the Customer is the making of 100% (one hundred percent) of the preliminary payment selected by them on the website of the Service, which indicates that the Customer has joined the Agreement in accordance with Art. 633 of the Civil Code of Ukraine and is equivalent to the Agreement signed by both parties.
2.10. The contract comes into effect from the date of Acceptance (payment), namely the receipt by the Contractor of 100% of the payment for the Services to the bank account. The Contractor has the right to provide payment installments, which is specified in the Additional Terms on the website.
2.11. The Customer is obliged to inform the Contractor of the personal information necessary for concluding the Agreement and providing services by filling out the registration form on the website and/or sending it to the Contractor's manager (full name, phone number, e-mail address, other data).
2.12. The privacy policy with rules for personal data processing is available on the website and is an integral part of the Public Offer.
3. PROCEDURE FOR PROVIDING SERVICES
3.1. The Contractor provides the Customer with Services under the terms of this Offer, the Service Package selected by the Customer and Additional Terms, current as of the date of the Acceptance and the Regulations of the educational process.
3.2. The Customer receives access to training within 3 (three) working days from the date of Acceptance, unless another term for the start of training is specified in the Additional Terms and Conditions on the website. The Customer is provided with access to the Course materials for the entire term of the Agreement (clause 10.1 of the Offer), unless another period of access to the Course materials is specified in the Additional Terms on the website.
3.3. Services are provided remotely over the Internet by providing access to a personal account on the website and/or access to other Internet resources of the Contractor.
3.4. The period of provision of Services is equal to the period of training in accordance with the selected package of services and is defined in the Additional Terms and Conditions on the website or other Internet resource of the Contractor.
3.5. The Contractor may change the content and design of the website and Content at any time without prior notification or approval of the Customer.
3.6. In the event that during the training period the Customer received access to electronic resources for training and receiving the Service, but did not complete the training due to no fault of the Contractor, the funds are not returned and the Service is considered to have been provided on time.
3.7. The customer is obliged to provide high-quality Internet connection and check access to the Internet resources of the Contractor by their own efforts and at their own risk.
3.8. The Contractor has the right to involve partners, contractors and other people in providing Services to the Customer. At the same time, the responsibility to the Customer is borne by the Contractor.
3.9. In the case of live meetings with the participation of the Contractor, other participants of the training process and the Customer during the training, the Contractor will notify in advance, informing the Customer about this and sending the terms of participation.
4. PRICE AND PAYMENT FOR SERVICES
4.1. The Customer shall pay for the Services in the national currency of Ukraine (hryvnias) at the prices indicated on the website or other Internet resource of the Contractor in the Additional Terms and Conditions effective at the time of Acceptance.
4.2. Payments are made in cashless form to the Contractor's bank account by bank transfer or through payment systems connected to the Contractor's website. The Customer is obliged to inform about the payment and send a copy of the receipt to the Contractor's e-mail.
4.3. Costs related to the payment of the Services (the commission of the Customer's servicing bank, including for the transfer and conversion of currency, the commission of the payment system) are borne by the Customer, unless otherwise indicated on the website or in the payment details when making the payment.
4.4. In the event that the Customer pays for the Services by means of payment installments, the costs and responsibilities related to the installments shall be borne by the Customer at their own expense, unless otherwise specified in the Additional Terms. In the case of payment by installments, in the event of further refusal to pay for the Services within the period determined by the Parties, the Contractor has the right to stop the provision of Services and limit the Customer's access to the Course materials until full payment.
4.5. The Contractor is not responsible for the services of third parties regarding the use of payment instruments and operators of payment systems, and has the right to refuse the provision of Services to the Customer if the funds have not been credited to the Contractor's bank account. Any risks regarding the transfer of funds shall be borne by the Customer until the funds are credited to the Contractor's account.
4.6. The Customer pays for the Services on the terms of 100% advance payment, unless the Parties have agreed otherwise. The date of payment is considered to be the crediting of funds to the Contractor's bank account. In the event that the Customer made a partial payment for the Services without the Contractor's consent to such payment, the Contractor has the right to refuse the provision of Services and access to training until full payment is received or to return the amount of the partial payment without the Customer's consent.
4.7. The Customer, with the consent of the Contractor, has the right to change the paid package of Services and switch to another package of Services at a higher cost, subject to the additional payment of the difference in the price of the packages and the availability of free seats. In this case, the transition to another package is carried out within 3 (three) working days from the date of payment.
5. REFUND POLICY
5.1.The customer has the right to refuse the paid Services and to demand a refund of the payment only before the start date of training within 14 (fourteen) calendar days from the date of payment only if the conditions of clause
5.2 of this article are met. Otherwise, the Services are deemed to have been provided and the payment is non-refundable.5.2. Refunds to the Customer in the event of refusal are made if they: 1) did not open the Course educational materials for the purpose of training 2) did not access their personal account on the website and 3) did not download/copy the Content.
5.3. The Contractor has the right to withhold the cost of the Services actually provided to the Customer and the additional costs actually incurred in connection with the refusal.
5.4. The refund of funds received in the account for payment of Services is carried out upon a written application of the Customer, sent to the support service, whose contacts are indicated on the websites. The request for a refund must include: name, date and amount to be refunded, reasons for which the Customer requests a refund, confirmation of the absence of the conditions specified in Clause 5.2 of the Offer, details for the transfer of funds and a copy of the identity document attached Customer (passport) and a copy of the document on payment for Services.
5.5. The decision on refund or refusal to refund shall be made by the Contractor within 14 (fourteen) working days from the date of receipt by the Contractor of the Customer's written request.
5.6. Refunds of funds in the cases provided for in the Offer shall be made by the Contractor in the same form and to the same account from which the Customer made the payment, unless the Parties agree otherwise.
5.7. The Contractor has the right to refuse the provision of Services to the Customer without refund (which the Customer shall be notified of in writing) in case of systematic or gross violation of the Regulations of the educational process.
5.8. The Contractor has the right to refuse the provision of Services to the Customer with a refund in proportion to the actually provided services (which the Customer is notified of in writing) in the event that the Customer knowingly provides false information about themself at the time of registration.
5.9. The Contractor has the right to refuse the provision of Services to the Customer with a refund of payment in proportion to the actually provided services (which the Customer is notified of in writing) in the event of technical impossibility to provide the Services, as well as in other cases established by this Offer.
5.10. The Contractor has the right to refuse the provision of the Services and/or to stop the provision of the Services at any time if the Customer is in arrears for the payment of the Services. At the same time, the Contractor is not liable to the Customer for such termination. Contractor has the right to limit access to the Services and/or Personal account until full payment.
5.11. The Contractor reserves the right to refuse to provide the Services and terminate the Agreement unilaterally without refunding the Customer, with the right to disconnect the Customer from access to the Services, training course materials, the website and Internet resources, in the event of: publication by the Customer in public Internet resources , on the Contractor's Website, in comments or chats during the provision of Services, providing unreliable, untrue information about the Contractor and his Services, inciting conflicts, fraudulent actions regarding the Contractor, violation of property and non-property intellectual property rights regarding the Content, use of obscene language or expressions that others in such a way degrade the reputation of the Performer and/or insult other participants of the educational process, publications on the website or Internet resources of the Performer, commercial or advertising information regarding their own business or third parties, as well as spam.
5.12. The Contractor reserves the right to refuse the provision of Services and terminate the Agreement unilaterally, including closing access to the Services and Content and the account without refunding the Customer in the event of the fact of the transfer of access to the personal account on the website by the latter in favor of third parties , other Internet resources of the Performer instead of themself or along with them, including by transferring an individual link (URL). If such a fact is discovered, the Customer has the right to collect from the Contractor a fine in the amount of 100% of the cost of the paid Services.
6. RIGHTS AND DUTIES
6.1. The Contractor has the right: to make changes and additions to the Content by publication on the website and other Internet resources; to change the prices of unpaid Services by placing them on the website and other Internet resources; after registration and payment by the Customer, to send to the e-mail address indicated at registration, the necessary information for the proper receipt of Services in accordance with the terms of this Agreement. to terminate the provision of Services by blocking access to the Content and/or Personal account in the event of a violation by the Customer of the terms of the Agreement in the cases provided for in this Offer; to store and process the Customer's personal data in accordance with the Privacy Policy; require the Customer to immediately stop violations of the Agreement; record video sessions with the Customer's participation; use video content from training sessions and lessons for advertising purposes in public access ;prevent the Customer from training if there are grounds to believe that the Customer is under the influence of alcohol, narcotic drugs, strong drugs medicines capable of affecting his behavior and state of consciousness; to hold the Customer accountable in the cases provided for by this Offer and the current legislation of Ukraine.
6.2. The Contractor is obliged to: provide the Services in the time frame and in the amount in accordance with the Service paid for by the Customer; provide timely responses to the Customer's requests and help with organizational and technical issues during training; perform other duties stipulated by the Agreement.
6.3. The Customer has the right to: timely receipt of paid Services according to the purchased service package in accordance with the terms of the Agreement; clarification of information about the Services from the Contractor in the manner established by this Offer; refuse to receive the Contractor's advertising/marketing mailing. In this case, the Contractor is not responsible for the Customer not receiving up-to-date information about the Services; Use the Contractor's additional services, if available, in accordance with the information posted on the website.
6.4. The Customer undertakes: to pay for the Services in the amount and on time in accordance with the Additional Terms in force at the time of Acceptance; to comply with the terms of the Agreement; to promptly notify the Contractor of changes in personal data necessary for the provision of the Service and communication between the Parties. to use the information and materials of the Course exclusively in personal purposes and for personal use and not to distribute the Content for the benefit of third parties, as well as in public access in public/private chats on a paid and/or free basis. use access to the Content and the Account for no more than one Customer for each individual access and not to transfer it to third parties. not to violate the property and/or non-property intellectual property rights of the Performer and the copyright of the Content. In the event of a violation, at the first request of the Contractor, stop such violation, compensate the Contractor for damages and pay a fine. immediately eliminate the violation of the terms of the Agreement at the request of the Contractor, otherwise, the Contractor has the right to stop providing the Services until the violations are eliminated without refund and to seek protection of the violated rights to the court. refrain from disclosing personal data of clients, if they have access to them during training for the purpose of participation in consultations. The expert has no right to copy personal data and information of the client (client base) for the purpose of use for personal purposes or in the interests of third parties.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. The content available on the website and Internet resources of the Contractor is the object of intellectual property of the Contractor (or its partners). Content accessed by the Customer as a result of Acceptance of this Offer may be used by them exclusively for personal (non-commercial) use without the right to transfer (paid or free) to third parties and/or posting on public Internet resources.
7.2. The content is subject to intellectual property protection by law. For any violations by the Customer of the Contractor's intellectual property rights to the Content, the Customer is responsible in accordance with the current legislation of Ukraine, as well as this Offer.
7.3. The performer is the owner of the mark for goods and services (TM) NAUKROOM and HEALTH-DEMIIA. Use for commercial purposes and transfer by the Customer without the Contractor's permission of the NAUKROOM TM and Content is a violation of the Contractor's intellectual property rights.
7.4. The Contractor reserves the right to refuse the provision of Services and terminate the Agreement unilaterally, including closing access to the Content and personal account on the Site without returning funds to the Customer in the event of a violation of intellectual property rights, namely posting and/or sale The customer of the Content on their own behalf on third-party resources for the purpose of sale or free distribution.
7.5. In the case of illegal commercial use of TM NAUKROOM, HEALTH-DEMIIA and/or the Contractor's Content, the Customer is obliged to compensate the Contractor for losses based on the cost of commercial use of the Content (clause 7.7 of the Offer) for the entire period of illegal use and pay the Contractor a fine in the amount of 500,000 (five hundred thousand) hryvnias.
7.6. The Contractor has the right to demand the immediate termination of such violation directly from the Customer and/or through the owners/managers of electronic resources on which the Content is illegally posted (Google, Facebook, YouTube, Telegram, Viber, marketplaces and domain name registrars).
7.7. In the case of commercial use of the Content by the Customer without the written consent of the Performer, the cost of such use of copyright on the Content is estimated at one million hryvnias for each calendar month of use of the Content.
7.8. For violation of intellectual property rights, the Contractor may additionally bring the Customer to civil, administrative and criminal liability in accordance with the current legislation of Ukraine by applying to judicial and law enforcement bodies and institutions.
8. LIABILITY AND DISPUTE RESOLUTION
8.1.The Contractor and the Customer are responsible for violating the terms of the Agreement in accordance with the current legislation of Ukraine and the terms of this Offer.
8.2. All disputes under the Agreement between the Contractor and the Customer are resolved through negotiations, and in the event of failure to reach an agreement - in accordance with the current legislation of Ukraine.
8.3. In the case of the Customer's unilateral withdrawal from the Agreement, the funds paid to the Contractor for the Services are not subject to return, except for the cases specified in the Offer.
8.4. If during the period of provision of the Service the Customer, due to any circumstances beyond the Contractor's control, did not receive the Service, it shall be deemed to have been properly provided by the Contractor.
8.5. The Parties are not responsible for non-fulfillment or improper fulfillment of the terms of the Agreement, if this is caused by force majeure circumstances, i.e. circumstances of force majeure, which the Parties could not have known in advance or could not have foreseen. Such circumstances include: power outage, fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, snow avalanches, volcanic eruptions and other natural disasters; wars, hostilities, revolutions, coup d'états, strikes, acts of sabotage and terrorism, robberies, accidents in the energy supply and communication system, changes in legislation, actions of state bodies and their officials, if these circumstances directly affect the performance of the Agreement. During the duration of force majeure circumstances, the parties have no mutual claims and each party assumes its own risk and consequences of force majeure circumstances. The occurrence of force majeure circumstances must be legally certified and confirmed by the Party that refers to them, if a dispute has arisen between the Parties, by an appropriate certificate from the Chamber of Commerce and Industry of Ukraine or another authorized body.
8.6. The Customer cannot refer to force majeure as a basis for exemption from liability for infringement of the Contractor's intellectual property rights to the Content.
8.7. The Contractor does not guarantee absolute error-free services and guarantees that it will make all reasonable efforts and measures to prevent this. If the Customer discovers errors or inaccuracies, he informs the Contractor about it, who, if possible, corrects the deficiencies free of charge in the shortest possible time.
8.8. If the Customer has any claims or questions regarding the Services provided, he may contact to contact the Contractor with a written request, in which he must indicate the essence of the claim, the content of the claim, his name and surname, e-mail address and phone number. Such a request must be sent in electronic form to the e-mail address of the Contractor indicated on the website within 1 (one) working day from the moment the claim/question arises.
8.9. Based on the result of the review of the claim, the Executor makes a decision to satisfy the claim and eliminate the deficiencies or refuse to satisfy the claims. Based on the results of the review of the claim, the Contractor sends a written response to the Customer's e-mail address within 14 (fourteen) working days from the date of its receipt.
8.10. At the end of the period determined for the provision of the Service, it is considered to have been provided and does not require the signing of the Act of acceptance and transfer of the provided Services.
9. PROTECTION OF PERSONAL DATA
9.1. The Customer's personal data is processed by the Contractor on the website in accordance with the Privacy Policy, the requirements of the current legislation of Ukraine, in particular, but not exclusively, the Law of Ukraine "On Protection of Personal Data", the Law of Ukraine "On Access to Public Information".
9.2. The Privacy Policy is an integral (part/feature) part of this Offer.
9.3. Acceptance of the Public Offer constitutes unconditional acceptance of the terms of the Privacy Policy.
9.4. When paying for Services by bank card (including entering the card number), the payment is processed on the website of the international payment system. The User's confidential data (card number, CVV code, expiration date, etc.) are not sent to the Contractor, their processing is fully protected and no one, including the Contractor, has access to them.
9.5. By making the Acceptance, the Customer gives his consent to: (A) organization and conduct of photo, audio and video recording, as well as webcasting of open classes and events (sessions, discussions and group classes) with his participation; (B) use of photo and video materials that contain images, voice, reviews and comments from chats for advertising purposes (including their processing and placement on the Internet).
10. TERM OF THE CONTRACT
10.1. The Agreement enters into force from the date of Acceptance and is valid until the end of the term of study and access to Course materials in accordance with the selected package.
10.2. The term of access to the Content is determined on the website in accordance with the terms of the Service package chosen by the Customer and in any case may not exceed 1 (one) calendar year from the date of Acceptance, unless otherwise specified in the Additional Terms on the website.
10.3. The Agreement may also be terminated early at the initiative of the parties in the cases specified in this Offer.
11. MISCELLANEOUS
11.1. Recognizing the invalidity of individual clauses of the Agreement does not invalidate the entire Agreement.
11.2. The Contractor has the right to make changes to the Offer by publishing them on the website and/or Internet resources.
11.3. To resolve any organizational or technical issues, the User should contact technical support at the email address specified on the website.
11.4. The response to the Customer's request is provided by the Contractor on working days within 72 hours from the date of receipt of the request.
11.5. The time of taking any actions within the framework of the Offer and the Agreement is Kyiv time.
11.6 The Customer confirms that, prior to the Acceptance, he is fully acquainted with his rights and obligations under this Agreement, the Services to be provided under this Agreement, as well as the rights and obligations defined by the Law of Ukraine "On the Protection of Consumer Rights".
