Public Offer Agreement
Autonomous non-commercial organization of additional professional education "Academy of Confectionery Art", TIN 5407982134, PSRN 1215400030010, hereby represented by its director general Pavel Khvostenko, acting based on the record of the Charter, hereinafter referred to as the Provider, publishes an offer which is a public offer (offer) according to cl. 2, art. 437, the Civil Code of the Russian Federation, and includes all essential terms of an agreement, to an unspecified number of persons, further referred to as the User.
1. DEFINITIONS
These definitions are relevant only to this Agreement and cannot be interpreted differently for the services provided under this Agreement. The terms of this Agreement are interpreted under art. 431, the Civil Code of the Russian Federation.
1.1. The Website is a set of software and hardware for computers on the Internet combined by the domain name http://paulineschool.ru (including any of its subdomains) providing Parties with the possibility of fulfilling this Agreement including, but not limited to, giving the User access to the services specified in this Agreement.
1.2. The course is a set of masterclasses (video tutorials) under one theme chosen by the User, offered by the Website to the User on the terms defined by this offer.
1.3. The Consultant is the User’s mentor assigned by the Provider to teach the Course to the User. Consultations include an unlimited number of questions during the course.
1.4. A login is User’s ID for the Website that allows access to the Course. The login is unique.
1.5. A password is a sequence of characters to be entered on the Website to confirm that login belongs to the User.
1.6. Acceptance is an unconditional consent of the User to the terms of this Agreement. The actual payment and/or partial payment for the Course mean the acceptance of this Agreement.
1.7. The Administrator is the Provider or her authorized representative acting in the interests of the Provider and implementing this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. Under this Agreement, the Provider undertakes to provide the User with distance learning services via the Internet in a specific subject chosen by the User.
2.2. The type and name of the Course, the timing and other necessary information about the Course are presented on the Website.
2.3. The User receives the right of access and the right to use the Course from the moment of acceptance of this offer. If the acceptance occurred before the start of the Course, marked by a calendar date on the Course page, the Provider undertakes to grant the right of access and the right to use the Course materials from the calendar date indicating the beginning of the Course. At the same time, the Parties agree that the acceptance of this offer in full takes place from the moment specified in cl. 1.6. of this offer
2.4. This Agreement does not require sealing or signing by the User and the Provider while maintaining full legal force.
3. TERMS AND CONDITIONS OF SERVICES. ACCESS TO SERVICES
3.1 The User must provide reliable and complete information about himself/herself on the issues stated in the registration form on the page http://paulineschool.ru. When the User provides information that does not meet the requirements of reliability, the Administrator has the right to refuse the User to restore his/her access to services.
3.2 Access to services is provided to the User by sending a password key to his/her e-mail. The password key must be sent at least one calendar day before the start date of the Course, subject to the User’s compliance with cl. 1.6. of this offer.
3.2.1. The Provider shall not be responsible for the incorrect email address provided by the User. If an incorrect address is provided, the period specified in cl. 3.2. of this offer may be extended for the time required by the Provider to resolve the situation.
3.3 The risk of accidental loss or damage to the password key, as well as the risk of disclosure of confidential information, shall be borne by the User. All actions taken using the User’s password key are considered to have been carried out by the User. The Provider is not responsible for unauthorized use of the User’s registration data by third parties.
3.4. If the User loses the password key, he/she has the right to contact the Administrator and ask for password recovery.
Recovery is done by sending a password key to the User’s email within one (1) business day of the User’s recovery request.
3.5. Access to the paid Course is valid from the beginning of the Course and expires on the date specified in the Purchased Products section. The access period may be extended upon agreement with the Website Administrator.
3.6. If the Course is fully paid, the Administrator provides twelve-months access to course materials starting from the date of the Course finishing. The date of the Course finishing is considered to be the time period for course completion defined by the School at the start date of the Course. The fact that the User has either completed or failed to complete all the assignments of the Course is not considered and is left to the discretion of the User.
4. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
4.1. The Provider undertakes to provide the following services to the User after receiving funds from the User for the full cost of the Course (or the corresponding advance payment):
4.1.1. to open access to communication with the Consultant in a specialized interface not later than the start date of the Course;
4.1.2. to open access to course materials prepared by the Provider not later than the start date of the Course;
4.1.3. ensure that the Consultant interacts with the User throughout the Course;
4.2. If the User purchases the Course after the start date of the Course specified in the Provider’s schedule, the deadline for performing cl. 4.1.1 and cl. 4.1.2 is not later than one (1) business day from the time the Provider receives funds from the User for the full cost of the Course (or the corresponding advance payment).
4.3. The User undertakes:
4.3.1. To pay for the Course in full;
4.3.2. Before the start of the Course, to read all materials, including the rules for taking the Course, the procedure for interacting with the mentor and submitting homework.
4.3.3. To follow the Consultant’s instructions for the successful completion of the course.
4.3.4. To take the Course within eight (8) months from the day of the advance payment. If the stated period expires, the service is deemed to have been properly provided and no refund shall be made. The User shall independently follow the specified time limit for the Course. In any case, the advance payment made for the course has no restriction on the duration, and the User is entitled to start classes at any time, including after eight (8) months.
4.3.5. To assess the Course and Consultant’s work upon the Provider’s request, if any;
4.3.6. Not to transfer his/her login and/or password to third parties. Otherwise, the Administrator reserves the right to block the User’s account without the right to restore access. There is no refund for the Course/Courses purchased by the User in this case.
4.3.7. To reimburse the Provider for the costs incurred in the amount of the course price. The Parties have come to an agreement that the cost of the Provider’s services of providing access to courses equals RUB 990. If the User refuses the course two (2) days before the beginning of the Course, the Provider shall return the total payment made by the User. If the User refuses the Course one (1) business day before the beginning of the course or less, the Provider has the right to withhold the funds paid by the User as follows:
— the amount of providing access to the Course (RUB 990) is non-refundable
— if the Course started and the User has open access to lessons, then based on the cost of the lessons. The cost of lessons is determined as follows: lesson 1 — 0.5*X; lesson 2 — 0.3*X; lesson 3 — 0.1*X; lesson 4 and subsequent lessons 0.1*X/(Z-3), where
X is the cost of the course,
Z is the total number of videos (lessons) of the course.
In the case of full payment, the User pays for all lessons at once. In the case of advance payment, the User partially pays for the first lesson and the full payment for the first lesson is made from the next payments by the User.
Return of funds for unavailable lessons is based on a calculation made by the Provider. The amount of refund is defined as the difference between the amount paid by the User and the cost of lessons. A negative difference means that the User has a debt for available lessons and no refund is made in this case.
These rules do not apply to cases where the course is purchased under special promotional offers, which stipulate different rules of refund.
4.3.8. Not to use materials included in the Course: screenshots, pictures, texts, any literary, scientific or artistic works, other results of intellectual activity or means of individualization, which are shown to the User or a copy of which the User receives in preparation for the Course, during the Course, or otherwise in connection with the Course, without written permission of the Provider. If the Administrator establishes facts of such behavior of the User, the latter is given a warning concerning misbehavior in chat rooms, violation of the Offer Agreement by notification in personal account/chat in VK/email. In the case of repeated violation, the Administrator reserves the right to block the User’s account without the right to restore access. There is no refund for the Course/Courses purchased by the User in this case.
4.3.9. To follow the Course Rules posted on the Website.
4.3.10. The User agrees not to take any actions that may be considered as violating Russian or international law, including related to intellectual property, copyright and/or related rights, or any actions that lead or may lead to disruption to the normal operation of the Website and the services.
4.3.11. Comments and other entries of the User on the Website should not conflict with the requirements of the legislation of the Russian Federation and generally accepted moral and ethical standards.
4.4. If after the start date of the Course, the User intends to refuse the Course due to changes in life circumstances or for any other reason not related to Provider’s violation of his/her obligations under the Agreement, the User is obliged to notify the Provider of his/her intention not later than one (1) day after the decision is taken. In this case, the refund is made according to the rules of cl. 4.3.7 of this offer. The date when the Provider receives the notice from the User shall be considered the date of the refusal and, correspondingly, the date of the termination of this Agreement for the reasons set out in this clause.
4.5. The User hereby gives his/her consent to the use, at no charge, by the Provider of the User’s own image(s) obtained by photography under this Agreement in any form and any manner not contrary to the current legislation of the Russian Federation (including processing and modification), including its (their) demonstration to third parties; and transfers, at no charge, to the Provider the right to pictures, feedback and other objects of intellectual property (hereinafter—Objects of intellectual property) created by the Provider before, during, after the Course (Courses), posted by the Provider in any part of the Website or sent by the User via any channel of communication of the Provider for implementation of the Agreement. The exclusive right to each Object of intellectual property is transferred from the User to the Provider in full at no charge at the time the User first places such Object of intellectual property on the Website or when the User sends the Object of intellectual property via any channel of communication of the Provider for implementation of the Agreement and is no longer retained by the User. The transfer of exclusive right means the handover of exclusive right from the User to the Provider in full at no charge, without any restrictions, encumbrances and other barriers to use. The User has the right to use the above-stated image(s), objects of the intellectual property exclusively and only for personal purposes not related to making a profit. The User retains personal non-property rights, the handover of which is not possible under the current legislation of the Russian Federation.
4.6. The User hereby grants the Provider the right and gives the Provider his/her consent to edit, design User’s own image(s), Objects of intellectual property in any way at the discretion of the Provider, including changing them, adding a preface, postscript, comments or any explanation, and changing them in any other way; the right to change their titles at the discretion of the Provider; the right to make them public and publish them at any time and in any way (if not made public); the right to indicate the name of the User on each copy of Objects of intellectual property created by the Provider and/or by third parties with the permission of the Provider, as well as when using Objects of intellectual property in any other way where such indication is possible.
4.7. The User grants the Provider the right and gives the Provider his/her consent to check his/her assignment and receive feedback on it.
4.8. The User is warned that the Website Administrator is not responsible for visiting and using external resources, links to which may be contained on the Website.
4.9. The User accepts the provision that all materials and services of the Website or any part of them can be accompanied by advertising. The User agrees that the Website Administrator is not liable for and has no obligations in connection with such advertising.
4.10. The Provider has the right to change the course schedule, notifying the User thereof not later than three (3) days before the expected start date of the Course.
5. PROVIDING SERVICES, RESCHEDULING
5.1. Services are considered to be properly provided if during the Course, as well as within five (5) calendar days after the end of the Course, the User brings no complaints to the Provider.
5.2. If, after the start date of the Course, the User wishes to transfer to a group with a later start date, such transfer is considered a separate service and shall be paid according to the price list of the Provider.
5.3. If the period for the completion of the Course ended, but the User has not completed it on time (has not submitted one (1) or more assignments and has not received a certificate) and wishes to submit the remaining assignments and receive a certificate, the Provider provides the opportunity to purchase a separate Feedback service which is paid according to the price list of the Provider.
5.4. The User has the right to transfer from one course to another under the following conditions:
5.4.1. The User made the payment according to the agreed payment schedule, the User at the moment has no debt;
5.4.2. Early booking discount, or any other, does not apply to the chosen new Course;
5.4.3. When transferring, the Provider has the right to withhold the amount proportional to the Provider’s expenses and the completed lessons of the Course.
5.5. After training, the User can receive an electronic certificate of completion. The terms for receiving the certificate are specified in the Course Rules on the Website.
6. PAYING FOR SERVICES
6.1. The User makes a payment for the services provided; the amount and payment procedure are specified on the Provider’s Website. When booking the course, the User receives further explanations from the Website Administrator about payment provisions.
6.2. The cost of services is specified without VAT (sub-cl. 14, cl. 14, art. 149, the RF Tax Code).
6.3. Course prices are listed on the Website in the relevant section. Payment is made at the prices specified on the Website page. In the case of partial payment, the time of further payment depends on the course schedule and do not correlate with the course materials already reviewed by the User.
6.4. The User can find available payment methods on the Website in the section of the chosen Course.
6.5. The cost of services may change depending on the market conditions, which is reflected on the Website. The Provider cannot change the cost of services for a particular User if the latter has already accepted the terms of the Provider and has paid for the Course under this Agreement.
6.6. Return of funds to the User, when the refund is provided by these rules or legislation of the Russian Federation is made upon a written application of the User. Return of funds is made in the same way as the payment was made (bank card, electronic money, etc.)
6.7. Settlements between the Parties to the Agreement are made in the currency of the Russian Federation (Russian rubles).
6.8. The security and confidentiality of calculations between the User and the Provider under this Agreement, regardless of the payment method, are provided by third parties, namely electronic money operators and banks under agreements concluded by the Provider with these third parties.
6.9. When paying with a bank card, the User enters card details in the SBERBANK PJSC electronic payment system, which has been certified in the following payment systems:
MIR
VISA
MastercardWorldWide
To make payment (enter the details of your card) you will be redirected to the payment gateway of SBERBANK PJSC. Connection to the payment gateway and transfer of information is carried out in a secure mode using the SSL encryption protocol. If your bank supports the technology of safe online payments VerifiedByVisa or MasterCardSecureCode, you may also have to enter a special password to make payment.
This Website supports 256-bit encryption. The confidentiality of personal information is provided by SBERBANK PJSC. The information entered cannot be transferred to third parties except in cases provided by the legislation of the Russian Federation. Payments with bank cards are carried out in strict compliance with the requirements of payment systems MIR, VisaInt. and MasterCardEuropeSprl.
6.10. Once the payment is made, a check is sent to the email address specified by the User.
7. PERSONAL DATA
7.1. The User provides the Provider, as a personal data processor, with his/her personal data, including the surname, name, year, month, date of birth, email and full and unconditional consent to the processing by the Provider (including collection, systematization, accumulation, clarification (updates, changes), use, distribution, destruction, indefinite storage) of the above data in electronic form and/or in a hard copy for sending invitations for events or other information including via email.
7.2. The date of payment and(or) partial payment for the services on the Website is considered the date of issuance of written consent to processing the User’s personal data. The consent specified in this clause is valid for five (5) years. The Provider undertakes to maintain the privacy of the User’s personal data.
7.3. Simultaneously with the above consent to personal data processing, the User gives his/her full consent to receive messages from the Provider via email, messages, social networks, including advertising messages.
8. FORCE MAJEURE
8.1. The Parties are exempt from liability for failure to perform obligations under this Agreement if such failure is a consequence of an action of irresistible force (force majeure), that is, extraordinary and unavoidable by the Parties under these circumstances, including riots, prohibitive acts of governmental agencies, natural disasters, fires, catastrophes and other circumstances of irresistible force, as well as:
8.1.1. Power interruptions;
8.1.2. Global disruptions in the work of Russian and/or international segments of the Internet;
8.1.3. Routing systems failure;
8.1.4. Failures caused by hacker and DoS attacks (or DDoS attacks);
8.2. Parties are required to notify each other in writing or by e-mail of force majeure within seven (7) days after the onset.
8.3. If the occurrence of the relevant force majeure events directly affected the Parties’ performance of their obligations within the time frame set in this Agreement, this period is proportionately extended for the duration of the relevant circumstances.
8.4. If the Parties cannot perform obligations under this Agreement for more than two (2) months, the Parties have the right to terminate this Agreement without recovery of possible losses.
9. DISPUTES AND DISAGREEMENTS
9.1. If the User has a complaint about the work of the Consultant, the User informs the Provider about it by sending an email to ano.cake.art@gmail.com. The Provider contacts the User later than the next day and clarifies the specific circumstances of the complaint. Upon the clarification, the Provider takes the following actions:
9.1.1. Replaces the Course with another course chosen by the User for free;
9.1.2. Reduces the Course price, but not more than by 20%;
9.1.3. Leaves the complaint without satisfaction (in the event the User’s data is not confirmed by the examination of materials on the Website and the course completion, as well as by the clarification of the conflict situation with the Consultant).
9.1.4. Returns 100% of the cost paid for the Course to the User if the User detects a violation of obligations by the Provider from cl. 4.1 of this Offer within seven (7) calendar days from the date when the Provider becomes aware of the circumstances.
9.2. If the obligation specified in cl. 4.3.6 or service payment obligation is violated, in addition to complaints sent under the same procedure, the Provider has the right to block User’s access to the Website, terminate the Agreement unilaterally without any payment to the User.
9.3. If the User violates obligations specified in clauses 4.3.1.-4.3.5., the Provider sends complaints to the User’s e-mail under the procedure defined in cl. 9.1. Until the complaint is resolved, the Provider has the right to suspend the User.
9.4. If the User flagrantly violates the Course Rules, does not comply with the rules of communication, talks aggressively with other users or mentor, the Provider has the right to unilaterally terminate this Agreement with the Course User without any refund. Notice of termination is sent to the User’s e-mail. The date specified in the termination notice is considered the date of termination of the Agreement.
9.5. In the event of disputes, demands and/or complaints about matters under or in connection with the Agreement, the Parties shall take all possible and reasonable measures to resolve them through negotiations. Compliance with the dispute resolution procedure (pre-court) is mandatory for the Parties. The total complaint response period is fifteen (15) calendar days from the date of receipt unless otherwise stipulated in the Agreement for a particular situation.
9.6. In the case of a rejection of the complaint, or partial rejection of the complaint, or the dismissed complaint without consideration, as well as if the Parties fail to settle disputes in the course of negotiations, the Party whose complaint has not been satisfied has the right to go to court. Disputes arising from the Agreement shall be sent to the court at the location of the Provider.
10. LIABILITY AND LIMITATION OF LIABILITY
10.1 The Parties are liable for the violation of terms and conditions of this Agreement under the Agreement and/or the current legislation of the Russian Federation.
10.2 The Provider under no circumstances is liable under the Agreement for (a) any actions/inactions that are the direct or indirect result of the actions/inactions of the User and/or third parties; b) any direct or indirect loss and/or loss of profit incurred by the User and/or third parties; © the use (loss of use) and whatever the consequences of the use (loss of use) by the User of the chosen form of payment for Services under the Agreement, as well as the use/loss of use by the User and/or third parties of any means and/or methods of transmitting/receiving information.
10.3 The total liability of the Provider under this Agreement, including penalties (late fee, forfeit) and/or refundable damages, for any claim or complaint concerning the conclusion, execution and (or) termination of the Agreement, is limited to 10% of the total cost of the services provided.
10.4 The User is fully responsible for the validity of the information he/she provides when registering on the Website.
10.5. The Provider is not responsible for the preparation, adherence to the recipe, the selection of ingredients, the quality and shelf life of ingredients and other negative consequences associated with the quality of desserts prepared by the User.
10.6. The User’s complaints about the taste of desserts are not grounds for a refund by the Provider.
10.7. After purchasing the Course, the User receives access to the list of inventory and ingredients. The Parties agreed that a lack of ingredients and/or inventory cannot be the reason for the refusal to take the Course.
11. OTHER CONDITIONS
11.1. This Agreement is valid for the duration of User access to the materials on the Website.
11.2. Upon request sent to the Provider’s email ano.cake.art@gmail.com, the User can receive a hard copy of this Offer signed by an authorized person. The User receives a hard copy of the Offer in person (in the Provider’s office) or by mail (in this case the User shall give the Provider his/her mailing address).
11.3. In cases specifically defined by the Offer, the Parties recognize that emails and messages in vk.com are an appropriate way to notify, transmit data and other information. In other cases, documents shall be sent by mail to the addresses of the Parties.
11.4. No correspondence between the Parties and/or their representatives may be the ground for changing or terminating the Agreement unless otherwise provided by the Offer.
11.5. The use of the Website’s materials without the consent of the rights holders is not allowed (art. 1270, the Civil Code of the Russian Federation). To use Website’s materials legally, you have to conclude license agreements (receive a license from) with the Rights Holders.
11.6. When quoting materials of the Website, including protected author’s works, a link to the Website is obligatory (sub-cl. 1, cl. 1, art. 1274, the Civil Code of the Russian Federation).
11.7. The User agrees that the Website Administrator is not liable and has no direct or indirect obligations to the User in connection with any potential or existing loss or damage associated with any content of the Website, registration of copyright and information about the registration, goods or services available on or received through external websites or resources or other contacts of the User which he has entered using the information posted on the Website or links to external resources.
11.8. This Agreement consists of the text of the Agreement and other materials that the Parties will include in this Agreement.
Internet pages, the links to which are indicated in this Agreement, should be considered as annexes to the Agreement.
11.9. If any of the provisions of this Agreement is invalid by an act of law, it shall be considered excluded from this Agreement and the remaining provisions of this Agreement shall remain in force.
11.10. This Agreement and its annexes are official documents of the Provider. The current version of each of these documents is posted on the Website http://paulineschool.ru (including all its subdomains) on the Internet.
11.11. The Provider may from time to time change the terms of this Agreement and Annexes to it, and add new Annexes to this Agreement by posting notifications of the changes on the Website at least seven (7) days before the changes take effect.
11.12. The User shall check for updates to this Agreement and Annexes to it on the Website.
11.13. If you continue to use the services ten (10) calendar days after the current terms of the Agreement has been changed, you will be deemed to have accepted the changes and additions.
11.14. The Provider is not responsible for notifying or not notifying any third parties of the termination of the Agreement, or for the possible consequences resulting from such notification or lack of it.
11.15. The law of the Russian Federation applies when concluding, executing, terminating, interpreting this Agreement.
The User confirms that he/she read and understood all provisions of this Agreement and unconditionally accepts them.
12. PROVIDER’S DETAILS
Director General
of Autonomous Non-Commercial Organization of Additional Professional Education "Academy of Confectionery Art"
Khvostenko Pavel Viktorovich
TIN 5407982134
PSRN 1215400030010
Acc. at Tinkoff Bank JSC 40703810900000719836
BIC 044525974