PUBLIC CONTRACT on using the services of Gnezdiloff.School
(EDITORIAL VALID FROM 22.02.2021)
This document (hereinafter referred to as the "Offer") is an official public offer of the company "Gnezdiloff.School" to conclude an agreement on the conditions specified below (part 1 of article 642 of the Civil Code of Ukraine). The agreement is concluded between you (a user of the site http://gnezdiloff.com
or a customer of the services offered on the site) and us - the company "Gnezdiloff.School".
Any capable person who is interested in the services of the "Gnezdiloff.School" company and has reached the age of 18 (if the proposal is accepted on behalf of the organization, the representative of the organization must have sufficient powers) can accept the offer to conclude a contract.
The company "Gnezdiloff.School" means an individual entrepreneur GARSIA LYUDMILA ANATOLIEVNA (registration number RNUKPN 2471815887). The payment details of the service provider will be indicated on the electronic receipt, payment system invoice or invoice issued to you.
2. SUBJECT OF THE CONTRACT
The subject of the agreement is the use of the services offered on the website on the Internet at http://gnezdiloff.com
(hereinafter referred to as the "site"), as well as licensed content (training materials) of the "Gnezdiloff.School" company.
3. CONDITIONS OF THE CONTRACT
Unless you have entered into another written contract or agreement, your contract with Gnezdiloff.School always includes at least the Terms and Conditions set forth in this document (hereinafter referred to as the "GENERAL TERMS"). Please read the offer carefully. This offer is a sufficient legal basis for ordering services and paying for them.
Additional terms of the contract
Since we provide many different services, some of them may be subject to ADDITIONAL TERMS AND CONDITIONS (for example, additional return guarantees, renewable paid subscription terms, or limited term promotions, etc.) - hereinafter referred to as "ADDITIONAL TERMS". In this case, the ADDITIONAL TERMS are part of your contract with us.
ADDITIONAL CONDITIONS of the agreement are given in the relevant sections of the site, on the pages for ordering services or in the electronic notifications sent to you (emails and receipts, invoices and any other electronic messages that contain information about the material terms of the transaction).
Special conditions of the contract
In addition to the GENERAL CONDITIONS and ADDITIONAL CONDITIONS, your agreement with the "Gnezdiloff.School" company always includes SPECIAL CONDITIONS of the agreement (for example, a description of the service package, the term and method of providing services or their cost, etc.) - hereinafter "SPECIAL CONDITIONS". SPECIAL CONDITIONS of the contract are published directly on the page describing the product (service) on our website or in the notifications sent to you, which are part of your contract with us.
GENERAL TERMS, ADDITIONAL TERMS and SPECIAL TERMS AND CONDITIONS (hereinafter collectively referred to as the "TERMS") constitute your agreement for the use of services concluded with the company "Gnezdiloff.School". We reserve the right to change or introduce any ADDITIONAL and SPECIAL CONDITIONS of the contract, which are binding.
4. ACCEPTANCE OF TERMS (ACCEPTANCE OF THE OFFER)
By using the website and ordering the services offered on the website, you accept the offer and conclude an agreement with us, on the terms set forth in this document. The acceptance of the offer is tantamount to the conclusion of a bilateral agreement in a simple written form (part 2 of article 640 of the Civil Code of Ukraine).
You can accept an offer to conclude an agreement (TERMS OF CONTRACT) in the following ways: (A) by performing an action indicating acceptance of the TERMS (by clicking on a button, ticking a checkbox or a similar action) on the service order page on our website; or(B) payment of an invoice issued to you or an electronic invoice of the payment system (payment by clicking on the link provided by us); (B) actual use of Gnezdiloff. School's services or licensed content. In this case, you agree that we will consider the fact of using the services and content as acceptance of the TERMS (acceptance of the offer).
The acceptance of the offer means that you unconditionally accept all the TERMS AND CONDITIONS of the contract. If you do not agree with the TERMS of the agreement - leave the site and stop using the Services.
5. COST AND DESCRIPTION OF "Gnezdiloff.School" SERVICES
Services and free materials
The scope of services available to you depends on the purchased product (service package). If you use the services or materials available in the open sections of the site, you receive only basic information on the topic of interest. In the case of purchasing paid services, you get extended information, as well as access to paid content and paid services of the site. You can purchase a separate product (service package) for a one-time fee.
Please note that some prepaid service packages imply access to several services and training programs (courses) at once. However, if this is not the case, you will need to purchase such services separately in order to receive informational materials for other courses.
Some training courses involve independent work and the completion of certain tasks (homework) that are part of the service delivery process.
Prices and cost of services
The cost of services is published on the service order page, on our website, as well as in e-mail notifications sent to you. The final cost of services in the payment currency (UAH) is displayed on the payment page for services and is recorded in the electronic invoice of the payment system or in the invoice issued to you. The cost of services does not include additional fees from banks and payment systems.
6. USE OF THE SITE AND ORDERING SERVICES
. Before ordering, paying or using the services, carefully read this document. If you do not agree with their content, please leave the site and stop using our services.
If you have registered on the site or placed an order for the services offered on the site, or actually use our services, you agree that we may send you emails, messages and notifications that contain advertising information: advertising mailings, information about services and our promotions (or promotions of our partners) by phone number and e-mail specified by you when registering or placing an order. If necessary, you can always refuse to receive them.
You must comply with all the TERMS AND CONDITIONS of the contract and the rules for the provision of services, which you will be asked to familiarize yourself with when placing an order or in the process of using the services.
You agree that you will not participate in activities that disrupt the operation of the site, Services or related servers and networks, as well as activities that may tarnish the business reputation of Gnezdiloff.School. You accept full responsibility for the violation of your obligations stipulated in the TERMS of the contract, as well as for all the consequences of these violations.
7. CONCLUSION OF THE TRANSACTION
The moment of the conclusion of the contract
By visiting the site, using the services or educational materials of the Gnezdiloff.School company, you enter into a License Agreement with us for the use of the content. By registering for a free webinar, you conclude a service agreement with us. If you purchase a prepaid package of services, you conclude an agreement with us at the moment you click on the "Participate" or "Buy" button (or another similar field).
In the case of buying tickets for live events (forum, event, offline training, intensive, coaching, seminar), you conclude with us an Agreement for the purchase and sale of tickets for the event at the moment you click on the button "Take part" or "Buy" (or another similar field). In case of payment for the order without using the systems for receiving electronic payments, the Agreement is considered concluded at the moment you pay for the invoice or electronic invoice of the payment system (payment by clicking on the link).
Purchasing multiple products or additional services
You can simultaneously purchase and use one or several services of the Gnezdiloff.School company.
Correcting input errors
By registering on our website or ordering services, you can at any time interrupt the checkout process and correct input errors until the completion of the registration process or ordering - payment for services or tickets.
You can also always contact us and report any typing errors, to do this, send us an e-mail or letter to the address indicated on the site.
8. TERMS OF PROVISION OF SERVICES
Any one-time services / prepaid packages of services purchased on the site can be offered for a certain period (have a fixed term for the provision of services). In this case, the provision of services will be terminated upon the expiration of the specified period. No action on your part aimed at termination of services is required.
Limited term of access to content
Some service packages provide the user with access to licensed content for a limited period. In this case, the user gets access to the content for the period specified in the SPECIAL TERMS published on the product description page on our website (service order page).
9. TERMS OF RESERVATION (PRE-ORDER) SERVICES
When making a reservation for services, you place a preliminary order for the services of the Gnezdiloff.School company at a discount, at a special price. You pay in the cost of the booking and receive a fixed price in effect at the time of booking. The rest of the cost of services, you must pay within the period specified in the offer published on the product page.
The amount you paid (the cost of booking) is considered an advance and will be credited to the payment for the services.
If you do not pay in full for the booked services within the specified period, we will refund the funds received, but you will lose the right to purchase services at a special price, and you can always purchase them at the regular price published on the website.
If, before the moment of full payment for the services, you managed to use the services (you have already gained access to one or several lessons), we will deduct the cost of the actually rendered services from the refund amount, in accordance with our Return Policy described in this document. You can also use the amount you deposited to partially pay for other services of the Gnezdiloff.School company, within two (1) calendar months from the date of the first payment (booking), for this please contact our customer service. After the expiration of two months from the date of payment, the cost of the reservation is not refundable.
Please note that booking implies ordering the minimum package of services (the lowest cost), but you can always choose another package of services, subject to the additional payment of the difference in cost.
10. TERMS OF PAYMENT
In case of payment for services on the site, at the time of ordering (successful entry of payment details into the payment system frame), a one-time write-off of the cost of the ordered services occurs. Payment currency - Ukrainian hryvnia (UAH). When paying for services by card, the amount debited is determined based on the rate of international payment systems VISA or MasterCard. In addition, the amount debited may include additional fees from banks and payment systems.
Failure to fulfill payment obligations
We reserve the right to make claims for violation of the established terms of payment for services. If it is impossible to write off funds from your payment card or the next payment, we have the right not to start the provision of the Services or suspend their provision, until they are properly paid.
11. METHOD OF PAYMENT
You can familiarize yourself with the available payment methods for our services on the website.
In case of payment for services by bank transfer, you must inform us about the completed payment and send us an image of documents confirming payment for services to the email address indicated on our website. You understand that by paying for services by bank transfer, you accept the offer and confirm your agreement with all, without exception, the TERMS of service.
In the event that we pay additional commissions or other expenses arise due to the rejection of the payment due to your fault (for example: insufficient funds on the card; the permissible credit limit on the card has already been exhausted), we reserve the right to additionally debit from your card / account the amount actually incurred by us expenses.
We reserve the right, at any time, at our discretion, to change the payment method for the purchased product and / or refuse the previously proposed payment method by offering alternative payment methods.
12. RETURN POLICY AND RESPONSE OF SERVICE
After placing an order and paying for it, in each individual case, you get the right to refuse the Services and request a refund. You have the right to refuse paid services by notifying us about it within the established time frame.
The date on which we receive the refund request will affect the possibility of a refund, as well as the amount of deductions associated with the refund. You understand and agree that if you have already started using the services (gained access to one or more lessons of the training program or their records) during the refusal period, we will deduct the cost of the actually rendered services from the payment amount, at the time of receipt of the refund request ...
Online learning opt-out policy
You have the right to withdraw from the online course within fourteen (14) calendar days from the date of payment for the course. In case of early booking of services or payment for training in parts, the date of placing the order (date of payment for services) is the date of your first payment. To receive a refund, contact us and submit a refund request in the prescribed manner (see below).
Cancellation policy for offline events
If we receive a return request:
(A) fourteen (14) calendar days before the date of the event or master class, regardless of the reasons for refusal, we will refund all the funds received (minus the fees of payment systems associated with the return); (B) in the period from thirteen (13) to six (6) calendar days before the date of the event or master class, regardless of the reasons for refusal - we return the funds received, withholding thirty (30)% of the amount paid; (B) five (5) or less calendar days before the date of the event - we will return the funds received, withholding fifty (50)% of the amount paid; (D) on the day of the event (the first day of the event), or later - we do not make a refund; we will withhold the entire amount of the advance as compensation for damage caused by your unilateral withdrawal from the contract
Making a return
For cancellation of services and registration of a return, write to us at Infotonygnezdilof@gmail.com or contact the support service at the phone number indicated on the website. We will confirm receipt of the return request by e-mail to the address provided during the ordering process. To make a return, be sure to inform us: Full name and e-mail specified when placing an order; the name of the Service (course, service package); date of order; payment information; reasons for refusing services, as well as other necessary information. You understand that if you do not provide the necessary information, we have the right to refuse you a return and not consider your request. Consequences of refusal of services
If you requested a refund within the specified time frame, we will refund your funds within fourteen (14) days of the date we receive your request. For a refund, we will use the same payment method that you used to pay for the services. We will deduct from the refund amount all Special commissions of banks and payment systems associated with the refund. If you did not use the services (did not take part in the event, did not see the classes available to you) through no fault of ours or refused to use the services in violation of the terms or the established procedure, we will not reimburse you for the cost of such services. Special conditions of refusal and additional guarantees of return
We reserve the right to set different opt-out rules for individual Services (training programs, products, live events, webinars, intensives, etc.) or provide you with additional guarantees of unconditional return by posting ADDITIONAL opt-out terms on the product sales page.
Postponement of the provision of Services
No later than two (2) months from the date of payment for the Services (making the first payment), you have the right to request the postponement of the provision of the Services to other calendar dates and complete training with the next course stream (on the terms of a similar package of services, equivalent to the one purchased at the cost). In this case, a refund will not be carried out, and we will inform you of the new possible calendar dates of training. The postponement of the provision of the Services is possible no more than once.
To comply with the deadline, you just need to notify us in accordance with the procedure established for processing a return request. We reserve the right to set different transfer rules for individual products by posting ADDITIONAL transfer TERMS on the product page.
Using funds to pay for another product
No later than two (2) months from the date of the payment, you have the right to request that the funds paid be credited to pay for any of our other product (Service). If the cost of the purchased product exceeds the amount you paid (deposit), you agree to pay the difference before the start of the provision of the Services. If the amount of the deposit exceeds the value of the ordered product, the difference in value will not be refunded.
To comply with the deadline, you must notify us in the manner prescribed for the return request. Expiry of the failure period
If, before the expiry of the refusal period and / or before the receipt of the return request, the Services were provided in full (for example: you have already gained access to all lessons and materials), no refund will be made. If a refund request is received in violation of the established refusal deadlines, no refund will be made.
13. RIGHT TO USE Gnezdiloff.School CONTENT
Depending on the ordered package of services, you get access to certain content (information and training materials), copyright and related rights that are protected or in any case belong to us, regardless of the fact of registration and the territory of their action.
We grant you a non-exclusive, non-transferable right (limited license) to use the content for your personal purposes, under the terms of this agreement for the entire duration of the service, unless otherwise provided by the terms of the service package.
You are warned that screencast (video recording of information displayed on the computer screen) of lessons and online broadcasts of Gnezdiloff.School, as well as photography, audio and video filming of live events (seminars, master classes, performances) are strictly prohibited. In case of violation of this requirement, we have the right to block your account and stop providing services, without refunding the cost of training. We will withhold the amount you deposited as a penalty for gross violation of the terms of the contract.
Use of intellectual property
The mark for goods and services, its image, as well as the trade name Gnezdiloff.School are registered and belong to us. All rights reserved.
All materials posted on the website http://gnezdiloff.com/
and other sites of the project, as well as materials provided to you in the course of rendering paid services (content), are subject to copyright, the exclusive rights to the use of which belong to the company "Gnezdiloff .School ". The right to use the content and materials that are part of the site or obtained in the process of providing the Services is limited to the use of the content for personal non-commercial purposes and is not allowed in other cases.
Copying, modification, full or partial use, public reproduction and distribution of materials posted on the site, or provided to you in the course of providing services, as well as the use of content for commercial purposes, without the written permission of the copyright holder, is strictly prohibited and punishable by law.
You agree not to reproduce, duplicate, copy, sell, exchange or resell materials obtained in the process of providing services for any purpose, unless the right to do so was granted to you by the copyright holder in a separate written agreement, and also not use other objects of intellectual property without our written consent. Any violation of copyright and related rights is prosecuted in accordance with the legislation of Ukraine and international legislation, and entails the onset of civil, administrative and criminal liability.
14. RESPONSIBILITY FOR INAPPROPRIATE SERVICES
Regulations of the law
The provisions of the current legislation on consumer protection, in terms of making claims about services of inadequate quality, apply to the emerging relationship, regardless of the TERMS of the contract. Consumer rights granted to you by law will not be affected in any way.
We do not give any guarantees that the use of the Services of the "Gnezdiloff.School" company will bring the expected result. We cannot promise you success. However, specific learning outcomes depend on many factors that we cannot influence (such as your individual learning ability, as well as conscientious homework and our recommendations). Therefore, the results of different users can be very different when using the same services.
You understand that your disagreement with the opinion of our experts (speakers), methodology and content of training programs is not a basis for a refund.
In case of violation by the parties of obligations, provision of false information when concluding or during the execution of the contract, the parties are liable in the prescribed manner.
We are responsible for: - violation of the TERMS OF SERVICE; - provision of Services of inadequate quality.
We are not responsible for: - impossibility to provide services for reasons beyond our control (including force majeure, disruption of communication lines, malfunction of equipment and software that does not belong to us); - for full or partial interruptions in the provision of services associated with the replacement of equipment, software or other planned work caused by the need to maintain the operability and development of technical means (if we have notified you in advance); - violation of the security of equipment and software used by you to obtain services; - loss of confidential information or part of it, if this is not our fault; - any losses of third parties that have arisen through no fault of ours.
Limitation of Liability
Our aggregate liability for any claim or claim is limited to the amount of the service purchased. In the event that we violate the terms for the provision of services, our liability is limited exclusively to: - extending the terms for the provision of services, or - providing services in new terms until the full performance of our obligations, or - refunding the cost of the service provided out of time. Responsibility of our employees and agents
Where our liability is limited or excluded, the same limitation or exclusion of liability applies to our employees and agents.
16. RESPONSIBILITY FOR THE MATERIALS AND CONTENT YOU POST
Limitation of Liability for Posting Content You are responsible for the content and materials that you post on our site, as well as in the groups and chats of the company "Gnezdiloff.School. We are not responsible for the materials and content you post, and we do not track them. Compliance legal requirements
By posting your own content, you must comply with the requirements of the legislation of Ukraine, as well as your country of residence. In any case, the publication of pornographic and sexual content that promotes violence, sadism, discrimination, threats or defamation is prohibited.
In addition, your content must not infringe on the rights of third parties. This concerns the property and personal non-property rights of third parties, including intellectual property rights (for example, copyright and rights to a trademark and trade name). In particular, you are obliged not to violate the rights of third parties when posting comments / reviews, profile pictures or any pictures that you post. We have the right to remove or move any content posted by you at any time if we believe that it violates the rights of third parties or the requirements of the law. If you violate these principles of posting content, we have the right to send you a written warning and temporarily block your account and suspend the provision of services, or terminate the contract unilaterally.
Compensation for damage
If you violate the TERMS of the contract, you are obliged to reimburse us for all losses incurred in connection with the satisfaction of claims of third parties (whose rights you violated). We reserve the right to make claims for losses and other claims against you by way of recourse.
17. VALIDITY OF THE OFFER (OFFER)
The Offer, as well as all of its CONDITIONS (GENERAL CONDITIONS, SPECIAL CONDITIONS and ADDITIONAL CONDITIONS) are valid until they are changed or withdrawn by the "Gnezdiloff.School" company. Termination (withdrawal) of the offer will not affect the legal rights, obligations and responsibilities that were valid for you and the company "Gnezdiloff.School", and arose before the withdrawal of the offer or termination of the TERMS.
18. DURATION OF THE CONTRACT
The agreement on the use of the site (site materials) is considered concluded for an indefinite period and is valid until terminated by you or us.
A service agreement concluded in connection with the use of free services, the purchase of a package of services or the purchase of a ticket for a live event is valid until the parties fully fulfill their obligations.
19. TERMINATION OF USE OF THE SERVICES
You have the right to stop using the site and free services at any time, without giving a reason. To stop using paid services, please let us know by contacting the user support service using one of the phones listed on the site.
Please note that after you have canceled the services (terminated the contract), you will lose access to all purchased content and available services. If at the time of termination of the contract (agreement) you still have access to the purchased package of services (paid content) or a ticket to attend a live event, any amount that you paid to pay for the services and services of "Gnezdiloff.School" will not returned, including the amount of the cost of actually unused services.
We reserve the right to terminate the contract concluded with you without giving any reason, provided that we send you an email notification no later than two (2) weeks before the planned termination date.
We can cancel the contract with you at any time if:
(A) you have violated any provision of the TERMS (or have taken actions that clearly indicate your unwillingness or inability to comply with the TERMS of the contract), or (B) we are forced to do so due to legal requirements (for example, if the provision of services to you is illegal or ceases to be legal), or (C) Gnezdiloff.School ceases to provide the Services in the country in which you live or use the services, or (D) the provision of the services becomes unprofitable from the point of view of Gnezdiloff.School.
If you try to interfere with the operation of the site, servers and other automated systems "Gnezdiloff.School" or grossly violate the Terms, or if we suspect you of doing so, we may suspend or completely block your access to the site and services. Unilateral cancellation of the contract on good grounds
Each party has the right to withdraw from the contract unilaterally for good reasons. In particular, we have the right to cancel your account and terminate the contract with you (user agreement) immediately if you violate our copyrights or grossly violate the TERMS of the contract, as well as in case of arrears in payment for services.
20. PERSONAL INFORMATION (DATA)
. These terms and conditions set out the rules for the collection, processing and use of your personal information.
21. CHANGES IN THE TERMS OF THE CONTRACT
We reserve the right to change or supplement the terms of this offer (GENERAL CONDITIONS of the contract) by posting a notice and a new version of the offer on this page. We strongly recommend that you frequently check this page and the date of last changes shown at the top of the page.
In the event of a change in the SPECIAL or ADDITIONAL TERMS AND CONDITIONS of the contract, we will post the new edition of the SPECIAL and ADDITIONAL TERMS AND CONDITIONS directly on the product description page (service order page). You understand and agree that the use of the SERVICES after the change of the TERMS of the agreement, is considered by us as your acceptance of these TERMS in the new edition. If you object to the new version of the GENERAL, SPECIAL or ADDITIONAL TERMS, please send us an e-mail or letter to the address indicated on the site. However, we definitely reserve the right to unilaterally withdraw from the contract in the prescribed manner in the event that you refuse to accept the TERMS.
22. GENERAL LEGAL CONDITIONS
The GENERAL CONDITIONS of the contract set forth in this offer, as well as the SPECIAL and ADDITIONAL CONDITIONS published on the product description page, constitute the full text of the contract for the use of the site and services of the Gnezdiloff.School company, concluded between you and the Gnezdiloff.School company, and also determine the procedure for the provision of the Services (with the exception of services provided on the basis of a separate written contract, if any) and completely replace all previous agreements and understandings between you and Gnezdiloff.School.
Validity of provisions
If there is a discrepancy between the GENERAL TERMS and the ADDITIONAL TERMS, the provisions of the ADDITIONAL TERMS pertaining to the relevant Service or product shall prevail. If there is a discrepancy between the GENERAL or ADDITIONAL CONDITIONS of the contract and the SPECIAL CONDITIONS, the SPECIAL CONDITIONS shall prevail (the more specific rule always applies).
If a judicial authority recognizes the invalidity of any provision of the CONDITIONS of the contract, the corresponding provision will be excluded from the CONDITIONS, while maintaining the remaining provisions: other provisions of the CONDITIONS will continue to be valid, and their observance can be enforced in court.
The relations of the parties are governed by the provisions of the legislation of Ukraine, as well as by the Convention on International Sale and Purchase Agreements. In terms of consumer protection legislation, the legislation of the user's country of residence applies.
23. ADDITIONAL TERMS FOR ORGANIZATIONS
If you are a legal entity, then the individual who has accepted the terms on behalf of your organization declares and warrants that it is authorized to act on your behalf and has sufficient authority to accept the offer to conclude a contract and the TERMS of the contract on your behalf (for the avoidance of misunderstanding, the term "you" in relation to legal entities means an organization).
24. SERVICE PROVIDER INFORMATION
GARSIA LYUDMILA ANATOLIEVNA (FLP)
65082, Odessa region Odessa, Primorsky district.
st. Elizavetinskaya 13, apt. 4a