LATIFUNDIST MEDIA LIMITED LIABILITY COMPANY, represented by director Spitsa Larysa Vasylivna, acting on the basis of the Statute, hereinafter referred to as the «CONTRACTOR», invites any able-bodied person to enter into this agreement on the terms specified therein. In accordance with Article 633 of the Civil Code of Ukraine, this agreement is a public offer (public agreement), and in case of acceptance of its terms (acceptance), the User undertakes to perform them in good faith.
1. SUBJECT OF THE CONTRACT
1.1 Under the terms of this Agreement, the Contractor provides the User with permanent access to educational services on the Contractor's Internet resource kultivariy.com, hereinafter – «Services», and the User undertakes to pay for the Services provided by the Contractor in the manner and conditions specified in this Agreement.
2. PROCEDURE OF CONCLUDING THE AGREEMENT
2.1 This Agreement is concluded on the terms of the accession agreement (Article 634 of the Civil Code of Ukraine) and is considered concluded from the moment of acceptance of the public offer.
2.2 By accepting a public offer to enter into such an Agreement, the User confirms that he fully accepts its terms.
2.3 The following explicit actions shall be deemed to be adherence to this Agreement: ticking the box «Familiar with the public offer» and/or paying the bill or using the online payment instrument to pay for online courses and/or gaining access to online training courses. In case of disagreement with the terms of this Agreement, the conclusion of the accession agreement is not possible.
3. THE COST OF SERVICE AND THE ORDER OF PAYMENT
3.1 The cost of services under this Agreement is determined and applied in accordance with the Course chosen by the User, which is indicated on the relevant website page of the Course.
3.2 Payments for services are made by transferring money to the Contractor's account or using online payment systems used by the Contractor.
3.3 Funds will not be refunded after full or partial payment. If the User has paid for the course booking (if provided by the terms of payment), which is part of the payment for the course and has not made the remaining payment, the amount of such security payment is not refunded to the User.
3.4 The user may not demand a reduction of the cost of services or a refund if he has not used the services. The moment of performance of services is considered to be the transfer of access to the User's profile.
3.5 The amount of payment is set for the entire period of the Course and cannot be changed.
4. OBLIGATIONS OF THE PARTIES
4.1 Obligations of the CONTRACTOR:
4.1.1 Provide services to the User in accordance with the terms of this offer.
4.1.2 Grant the User access to the Personal Account no later than the start date of the Course, which will be announced in promotional materials.
4.1.3 Provide the User with online support in the form of consultations on how to use the functionality of the Platform, and on online webinars provided as part of the Course or other difficulties that may arise for the User during the term of the Agreement.
4.2 Obligations of the USER:
4.2.1 Accept and pay for services in accordance with the terms of this offer.
4.2.2 Consume services in person, do not transfer access to the Course and training materials to third parties, do not copy or otherwise reproduce training materials. In case of violation of this condition, the Contractor has the right to terminate the contract unilaterally, and the User undertakes to pay a penalty of 300% of the cost of the Course.
5. PROCEDURE AND TERMS OF PROVISION OF SERVICES
5.1 Services are provided on the Internet by providing the User with access to the chosen Course (study materials) through the Personal Account.
5.2 The start date of the Course is indicated on the Platform's website or promotional materials.
5.3 The Contractor shall not be liable if the User misses the seminar, webinar, other elements of the Course, designed for its perception by the User by participating in the online broadcasting in accordance with the Course Program.
5.4 The moment of performance of services is considered to be the transfer of access to the User's Personal Account. The User consumes the services by viewing the Training Materials posted on the Platform. All Training Materials are copyrighted and subjective, the Contractor may not agree with the positions set out in these materials.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All rights to the website belong to the Contractor.
6.2 Intellectual Property Rights to the Training Materials used in the Platform, in particular, but not limited to, images, videos, logos, graphics, sounds, belong to the Contractor.
6.3 By granting the right to use the User's rights to use for the purposes of this Agreement, the Contractor does not transfer any intellectual property rights to such objects and does not grant permission for their use for purposes other than those specified in the Agreement.
7. RESPONSIBILITY OF THE PARTIES
7.1 In case of violation of the terms of payment for services, the Contractor has the right to terminate the contract unilaterally and restrict access to the Platform and training materials.
7.2 The Contractor may unilaterally terminate this Agreement and block access to training materials and the Platform in case of disclosure (or any reproduction) of training materials publicly and (or) transfer of access to the Platform to third parties who are not Parties to the Agreement.
7.3 In case of termination of the Agreement due to the above circumstances, the payments made by the User under this Agreement are not refundable.
7.4 In case of disputes in connection with this Agreement, the Parties shall take all measures to resolve them through negotiations. If the Parties do not reach an agreement on resolving the dispute through negotiations, such dispute shall be resolved in court in accordance with the current legislation of Ukraine. Pre-trial dispute resolution is not mandatory.
8. TERM OF THE AGREEMENT
8.1 The Agreement shall come into force upon payment by the User of a specific course and shall remain in force until the Parties have fully fulfilled their obligations.
9. FORCE MAJEURE CIRCUMSTANCES
9.1 The Parties shall be released from liability for partial or complete non-performance of obligations under this Agreement if it is the result of force majeure, such as natural disasters, fires, floods, strikes, other circumstances, if they affected the Parties' compliance with this Agreement. Circumstances of force majeure shall be understood as circumstances that have arisen during the term of this Agreement as a result of unforeseen and unavoidable events by the Parties. In these cases, the term of fulfillment of the obligations by the Parties under the agreement is postponed in accordance with the time during which such circumstances and their consequences apply.
9.2 The party for which occurred the conditions, under which it is impossible to fulfill obligations under the contract due to force majeure circumstances, must notify the other party in writing of the occurrence of these circumstances without delay, no later than 10 (ten) days from the date of their occurrence. The notification must contain information on the occurrence and nature of the circumstances and their possible consequences.
9.3 The certificate of the Ukrainian Chamber of Commerce and Industry is proper proof of the existence of force majeure circumstances.
9.4. The occurrence of the specified circumstances is not the basis for refusal of the User from a payment for the educational services rendered before their occurrence and refusal of the Contractor from rendering of educational services according to the payment made by the User.
10. OTHER CONDITIONS
10.2 The Contractor may change the terms of this Agreement unilaterally with prior notice to the User. In case of disagreement with the changed conditions, the User has the right to terminate the Agreement unilaterally.
10.3 In cases not regulated by this Agreement, the Parties shall be governed by the current legislation of Ukraine.
11. DETAILS OF THE CONTRACTOR
Latifundist Media LLC
Legal address: 39500, Poltava region, Karlivka, 40 years of Peremohy Street, 5
Postal address: 36000, Poltava, P.O. Box №17
EDRPOU code 38560400
Single tax payer, non-VAT payer
in PJSC "FUIB", MFO 334851
Director Spitsa L.V