Public Offer1. General Provisions... …………………………………………………………………...…12. Introduction...…………………………………………………………………………...…13. Terms and Definitions ……………………………………………………………...….…34. Procedure for Provision of Services on Holding an Individual Session …………..…..55. Course Procedure …………… …………………………………………………….…….56. Terms of Services Provision...…………………………………………………...…….…87. Change of Services Provision Terms. Repudiation of the Agreement………………………………………………………….…………….…...……98. Rights and Obligations of the Parties..…………………………………………….…...109. Services Cost and Payment …. …………………………………………………….…..1310. Feedback System ……….. ……………………………………………………….……1311. Limitations, Representations and Warranties…..………………………….…….….1312. Final Provisions ……………….………………………………………………….…....1413. Personal Data …………. …………………………………………………………..…..1514. Details ……. ………………………………………………………………………..…..171. General Provisions1.1. Pursuant to paragraph 2, Article 437 of the Civil Code of the Russian Federation (hereinafter referred to as the CC RF), this offer (“Offer”) is a public offer of Individual Entrepreneur Yulia Andreevna Ivlieva, PSRNIE: 319507400037421, TIN: 504308652553 (hereinafter referred to as the “Contractor”) addressed to any legal entity or an individual (hereinafter referred to as the “Customer”, “User”) and contains all essential terms and conditions of the services provision agreement posted on the website of the Contractor (hereinafter referred to as the “Website”, “Services”). This offer comes into force when posted on this Website. By accepting this Offer (thus entering into this Agreement), you understand and agree with all terms and conditions stated herein, and you give your consent to processing of the personal data, which consent is an integral part of this Offer.
1.2. Acceptance of this Offer shall be understood as taking by you of registration acts on this Website and its subdomains in the form of completing all forms required by the Website and (or) the Platform, ticking the checkbox of the column “I agree with the offer agreement and the confidentiality policy” and verifying (confirming) registration by following the link sent to the r-mail address specified by you.
1.3. The Users shall be entitled to apply to the Contractor on the issues of performance hereof at the place of its location, as well as to the Contractor’s e-mail:
info@yuliaivlieva.com.
1.4. Place of services provision: Russian Federation.
1.5. Applicable law: legislation of the Russian Federation.
2. INTRODUCTION2.1. BEFORE ACCEPTING THE OFFER PLEASE READ CAREFULLY THE PROVISIONS BELOW. BY LOGGING IN ON THE CONTRACTOR’S WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS FOR SERVICES PROVISION, YOU ARE AWARE OF THE RULES OF PROVISION THEREOF AND SPECIFIED REQUIREMENTS, YOU UNDERSTAND THE TERMS AND CONDITIONS PROVIDED AND UNDERTAKE TO COMPLY WITH THEM. IF YOU DISAGREE WITH ANY CLAUSES OF THE OFFER OR THEY ARE NOT CLEAR TO YOU, YOU ARE OBLIGED TO REFUSE PROVISION OF THE SERVICES. IT IS NOT ALLOWED TO PROVIDE THE SERVICES WITHOUT CONSENT TO THE TERMS AND CONDITIONS OF THE OFFER.SERVICES MAY ONLY BE PROVIDED BY PERSONS OVER EIGHTEEN, ANY PERSONS UNDER THIS AGE SHALL ALLOWED TO PROVIDE THE SERVICES WITH THE WRITTEN CONSENT OF PARENTS OR A LEGAL GUARDIAN.THE SERVICES ARE NOT MEDICAL ONES AND DO NOT IMPLY DELIVERY OF ANY THERAPY AND (OR) ADMINISTRATION OF MEDICATIONS.THE CONTRACTOR SHALL HAVE THE RIGHT TO WITHHOLD A SERVICE IN CASE ANY MENTAL DEVIATIONS AND INAPPROPRIATE BEHAVIOUR OF THE USERS ARE IDENTIFIED.2.3. Before the Website is started being used, the User should familiarize itself with this Agreement, with all regulations applicable on the Website and with any other documents posted in the relevant sections of the Website. The Customer, who is a legal entity, shall be obliged to make its representative (the End User) familiarized with the terms and conditions of this Agreement, as well as with all regulations applicable on the Website and with any other documents posted in the relevant sections of the Website.
2.4. Upon completion of the mandatory fields on the Website and familiarization with this Agreement the User shall acceded to (accept) this Agreement by pressing the key “Proceed to payment”, “Register” or any similar key, which, within the meaning of Articles 435 and 438 of the Civil Code of the Russian Federation, is the acceptance of the Contractor’s offer, as well as the conclusion of the agreement giving rise to the Customer’s obligations to fulfil the terms and conditions of the Agreement, including the regulations applicable on the Website. Payment of the Remuneration by the corporate Customer under the invoice issued by the Contractor shall also be deemed the acceptance of the Contractor’s offer.
2.5. After acceptance of the offer, the Contractor shall add the User to the educational platform (hereinafter referred to as the “Platform”) by sending the access to the content thereof for the Users who completed the registration procedure. The User shall be liable for discrepancy of the information specified by it upon registration and is aware of the risk of any adverse effects caused by misrepresentation thereof. The Contractor shall not verify reliability of the data provided by the User, except to the extent that the Contractor should verify such data to perform the assumed obligations to the User. The User shall be responsible for all intellectual property items that it independently posts on the Platform (photos, pictures, drawings, articles, logos, other items to be legally protected by virtue of the legislation of the Russian Federation), as well as for the information presented.
2.6. The Contractor shall be entitled to mail out to the Users registered on the Platform any promotional messages (send messages to the Users’ accounts, to their mobile phone numbers indicated as contact numbers, and to their e-mail addresses) on the Platform operation, on its promotional events and other opportunities, press releases, reviews and other information notices that directly or indirectly relate to the Platform operation. By accepting this Agreement, the User agrees to receive any mails referred to in this Clause. The User may withdraw its consent to the receipt of such mails having notified the Platform Administration in writing at the e-mail address: info@yuliaivlieva.com.
2.7. The User shall not have the right to copy any information posted on the Website that is available to it both before and after the registration procedure.
2.8. Acceptance of the offer in terms of using activated data and commands of the Website (news, emailing, familiarizing with materials) shall be allowed immediately after the Website is opened on the User’s device with the purposes of gaining access to the relevant features and functionality of the Website or the Platform.
2.9. The Audiovisual Works available on the Platform are considered to be the intellectual property items the exclusive rights whereto are held by the Contractor. The User shall be granted the non-exclusive right (non-exclusive license) to use the Audiovisual Works only by way of viewing them with the use of the Platform (on the Website) and using the functionality of social networks via the official account - @amelisoul and other Platforms specified by the Owner. No other use of the Audiovisual Works is allowed.
2.10. The User is prohibited from copying materials of other Users and from taking any actions that, directly or indirectly, prejudice the rights and interests of the Contractor, experts, Hosts and (or) third parties. If any violations made by the User provided for in this Clause are identified the Administrator shall be entitled to block the User’s Account and, depending on the violation, to lodge a claim against the User or to apply to the court seeking protection of its rights and legitimate interests.
2.11. Having accepted this Agreement, the User gives complete unconditional consent to the use of Materials by the Contractor: photos, images, texts, drawings, plans, sketches and other items, including the Users’ Works as they are defined in the section “Terms and Definitions”, which the User uploads on the Platform and which are used by the Contractor under the terms and conditions set out by this Agreement. Along with the acceptance, the User shall provide a guarantee that posting of Materials and the subsequent use thereof do not violate the rights and interests of third parties.
3. Terms and Definitions3.1. Website and (or) Platform Administrators — individuals who directly or indirectly manage and control over the process of services provision, are responsible for the scope of and procedure for the User’s receipt of services available on the Platform and who, as may be ordered by the Website and (or) Platform Owner, fulfill the assignments indicated in this Clause.
3.2. Account — a registration record of the Contractor created when logging in on the Website that makes it possible for the User to take into account each User and to grant the rights to use the Website via a unique login and password. The login and password for access to the Account shall be determined by the User at its own discretion when registering on the Website and may be changed by it in accordance with the procedure described in this Agreement or in a special section on the Website page.
3.3. Services mean the following list of services:
- granting access to the Contractor’s courses by way of granting the non-exclusive license (access) to the content posted on the Platform of the Contractor;
- granting access to the group and individual sessions held by the Contractor itself and by specialists engaged;
- other Services according to the information on the Website.
3.4. Current Cost of the Contractor Services — an amount of money specified on the Contractor’s Website and (or) in the information source owned by the Contractor, that is current from the date of its actual publication on the Website till the time when the Contractor publishes the new cost of Services. The cost of the Contractor Services is inclusive of 20% VAT.
3.5. Audiovisual Work — record of webinars, live broadcasts, short-term courses, practices and other messages from the Contractor and third parties, third parties engaged.
3.6. Contractor, Website (Platform) Owner — IE Yulia Andreevna Ivlieva (PSRNIE 319507400037421, TIN 504308652553, 142209, Russia, Moscow Region, Serpukhov municipal district, the town of Serpukhov, 42 Chernyshevskogo str., apt. 46, e-mail
info@yuliaivlieva.com)– a contractor assuming an obligation to provide the Users with the services constituting the subject matter of this Agreement, subject to Clause 1.1 of the specified document.
3.7. Information Services (Services) – the services related to granting the User’s restricted access to the Platform in accordance with the terms and conditions of this Offer, as well as advising the User on the procedure for the use by it of the said software and technical items.
3.8. The services on granting access to the educational courses shall be rendered with the support of BEST NON-STATE EDUCATIONAL PRIVATE INSTITUTION OF SUPPLEMENTARY VOCATIONAL EDUCATION (PSRN 1137799011712, TIN 7719290615, address 141100, Moscow Region, the town of Shchelkovo, 8a Proletarsky prospekt, apt.2/209) carrying out the Users certification under the program of Supplementary Vocational Education.
3.9. Personal Data — personal data of the User that is only available to the Contractor, its employees (administrators) and the entity involved in certification and that is not accessible by its Visitors. Personal Data includes e-mail address, contact phone number and residential (registration) address of the User, and, in case of successful certification upon completion of the course and attestation, provision of passport data, SNILS (Individual Insurance Account Number), data of the documents on higher and secondary vocational education.
3.10. Online Session (or Session) – individual and/or group online meetings with the Host held on the Zoom platform or on any other educational online platform.
3.11. User (Customer, Participant) — an individual, a user of the Internet global network and a party to this Agreement (subject to acceptance of the Offer).
3.12. Host — an individual or an individual entrepreneur acting as a person holding an online session with the User.
3.13. Website – an Internet site of the Contractor
https://witchesameli.com/ and its subdomains, where the information on the Contractor Services is posted.
3.15. This Agreement may use other terms not defined in this section. Such terms will be interpreted in accordance with the meaning of the Agreement and under the legislation of the Russian Federation. If there is no clear-cut interpretation of the term in the text hereof and in the regulatory legal acts of the Russian Federation, the Parties shall be governed by interpretation of the term established in the Internet and in the business practices. This Agreement includes the terms and conditions of the user agreement.
4. Procedure for Rendering Services on Holding Individual and Group Sessions4.1. Rendering of services on holding individual and group sessions shall be deemed remote advising of the Users on a fee basis, including, but not limited to, granting access to the Sessions as defined in the Agreement, and, having obtained such access, the User learns for the first time and/or supplements the knowledge received by it earlier in the field of self-understanding and personal advancement, including by means of methods for acquiring certain personal features, improving the living standards and/or quality of life.
4.2. The Contractor provides any User with an opportunity to select one or more online sessions in line with the stated themes of such Sessions and the requirements to access thereto.
4.3. Before the Online Session starts, the following information on the Session is always available to the User: information on the content of the Session; the format; the procedure for agreeing upon the date and time of the Session; duration; cost; the Session Host.
The User agrees that the commencement date (and/or time) of the Online Session may be changed to a later date or time. The said change in the duration is associated with unpredictable circumstances, including a disease or a business trip of the Host, his/her unforeseen family circumstances, technical issues of the Website or social networks.
4.4. The Online Session shall be made accessible by sending an active hyperlink to the User that is sent to its e-mail address specified upon registration after the payment from the User is received.
4.5. The completion of the Session does not guarantee achievement of personal characteristics stated in the Session theme and improvement in the living standards; this only depends on your wish, capabilities, involvement of the User and its readiness to follow the recommendations.
4.6. When passing the Session, the User at its own discretion shall decide how it will dispose of the information received, and shall be responsible for its mental and emotional state. In case the User realizes that passing the Session adversely affects its mental condition, provokes any negative uncontrolled feelings and emotions, as well as in any other similar situations it should interrupt the Session and, where necessary, apply for the professional mental or psychological aid.
4.7 In conformity with part IV of the RF Civil Code, the Audiovisual Works presented during the Session shall be deemed the intellectual property items, the exclusive rights whereto are held by the Contractor. The Contractor provides the User with the non-exclusive right to use the Audiovisual Works only by viewing with the use of the Platform.
4.8 Copying, distributing and other use of the Audiovisual Works, except for the viewing pursuant to Clause 2.9. hereof shall be prohibited and shall be considered to be the violation of the Contractor’s exclusive rights. If any violation is detected, the Contractor may file a lawsuit to the court to hold the User liable in accordance with Article 1301 of the RF Civil Code (in particular, to recover damages in the amount of up to 5 million rubles).4.9 If a Session paid by the User is cancelled on the initiative of the Contractor and (or) the Administrator, the User shall be entitled to claim for cash refund or, instead of the cash refund, may reallocate the unused balance of funds to pay for any other Session.
4.10. According to the provisions hereof, the cash that was earlier paid by the User shall be refunded in the same way it was paid.
4.11. The Services shall be deemed provided from the time when the User is granted access to the Online Session.
4.12. The User can be prevented from participating in the Session provided there are any signs and violation of prohibitions set out by the Contractor.
5. Course Procedure5.1. Provision of services on granting the non-exclusive license (access) to the Audiovisual Works to the Users on a fee basis, and, having obtained such access, the User learns for the first time and/or supplements the knowledge received by it earlier in the field of self-understanding and personal advancement, including by means of methods for acquiring certain personal features, improving the living standards and/or quality of life.
According to the Offer terms and condition, as part of the remote learning the Contractor shall provide the User having paid for the Contractor’s Services with the access to:
- the User’s personal account on the GetCourse platform (and/or any other platform);
- private chats of the relevant stream of the Course Program (Telegram messenger and other messaging programs and/or social networks);
- modules of the Course Program according to the participation tariff paid up by the User;
- online masterminds and online webinars on a separate Zoom-platform (if any in the Course Program according to the participation tariff paid);
- guidance materials (in the text and/or video/audio format), if any in the Course Program, according to the participation tariff paid;
- video records based on the results of the online masterminds and/or online webinars/live broadcasts in the social networks, practical trainings, master classes, text materials, assignments, instructions (if any in the Course Program, according to the participation tariff paid);
- consultations on the services, answers to the User’s questions related to application by it of the information and materials of the Course Program (if any in the Course Program, according to the participation tariff paid);
- individual and group online meetings with the Expert, answers to the questions related to application by the User of the information and materials of the Course Program (if any in the Course Program, according to the participation tariff paid).
5.2. The Website and (or) the Platform offers any User an opportunity to choose one or more Audiovisual Works according to the stated themes and requirements to the access thereto.
The exact list of services rendered to the User, as well as their scope, cost and rendering procedure shall be determined by the terms and conditions of the Course Programs available on the Website. The User shall not be entitled to demand from the Contractor the scope of Services in excess of that set out in the content of the Program acquired by the User.
5.3. The User can always find on the Website the information on the name of the Course, the data on the content of the Course; the Course commencement and end date; the theme; full name of the Expert; the cost (tariffs); duration, the program of the Course, the period for which the educational materials are available; the content of the Course packages. The User agrees that the Course commencement date may be changed for a later date, in which case the Course end date will be extended proportionally to the actual number of commencement days postponed. The aforesaid rescheduling is caused by the unforeseen circumstances, including by the Expert’s disease, business trip, his/her unforeseen family circumstances, technical issues of the Website or the social networks.
5.4. The Course Program shall be made accessible by sending an active hyperlink to the User that is sent to its e-mail address specified upon registration after the payment from the User is received, or in any other way to be determined by the Contractor and (or) its representatives on the unilateral basis.
Accounting data and other details of the User shall be processed by the Contractor for the purposes of the proper performance of this Agreement under the terms and in the manner set out in the Personal Data Processing Policy.
5.5. The classes included in the Course Program shall be made accessible on the day set out by the Course Program. Access to the Audiovisual Materials, Telegram channel and the chat shall be granted for the period established by the Course Program.
5.6 Training implies that the User will be provided with a document confirming completion of training.
5.7. Training shall not guarantee achievement of personal characteristics designated in the subject of the Audiovisual Work and improvement of the living standards; this only depends on the wish, abilities, involvement of the User and its willingness to follow the recommendations. The Services under this Offer shall be limited to presenting information to the User and development of skills to be independently used, as stipulated by the Course Program.
5.8. While being trained, the User shall take its own decision how it will dispose of the information obtained, and shall be responsible for its own mental and emotional state. In case the User realizes that training adversely affects its mental condition, provokes any negative uncontrolled feelings and emotions, as well as in any other similar situations it should interrupt the training and, where necessary, apply for the professional mental or psychological aid.
5.9. In conformity with part IV of the RF Civil Code, the Audiovisual Works made available to the User shall be deemed the intellectual property items, the exclusive rights whereto are held by the Contractor. The Contractor provides the User with the non-exclusive right to use the Audiovisual Works only by viewing with the use of the Platform.
5.10 Copying, distributing and other use of the Audiovisual Works, except for the viewing pursuant to Clause 2.9. hereof, shall be prohibited and shall be considered to be the violation of the Contractor’s exclusive rights. If any violation is detected, the Contractor may file a lawsuit to the court to hold the User liable in accordance with Article 1301 of the RF Civil Code (in particular, to recover damages in the amount of up to 5 million rubles).
5.11 If the Audiovisual Works paid by the User cease being accessible on the initiative of the Contractor, the User shall be entitled to claim for cash refund in proportion to the actually used access to the Audiovisual Works within the training (subject to section 7 hereof) or, instead of the cash refund, may reallocate the unused balance of funds to pay for the access to any other Audiovisual Work.
5.12. According to the provisions hereof, the cash that was earlier paid by the User shall be refunded in the same way it was paid.
5.13. The Services shall be deemed provided from the time when the User is granted access to the Course Program.
5.14. The Contractor shall be entitled to:
determine the forms and methods of services provision at its own discretion;
change the timetable both before and during the Courses with prior notice to the User at the e-mail address indicated upon registration;
unilaterally change and supplement the content of the Course Program modules and User recommendations;
amend this Offer on a unilateral basis subject to mandatory publication of the new version on the Website;
make corrective amendments to the content of the Course Program aimed at updating and improvement thereof with no loss in quality for the User, including introduction of amendments to their content, quantity, holding format, and to replace the Experts. The information on such amendments specified in this paragraph shall be available to the User in the Personal Account. The Parties agree that such amendment is not the unilateral change of the Offer terms, but constitutes a technical correction made by the Contractor in order to update the Course Program.
5.15. The User shall be obliged to:
independently monitor the amendments and corrections made by the Contractor, including, on the unilateral basis (in particular, to the Offer): updating of the information to be posted on the Website, and any other amendments and corrections;
provide the Contractor with the updated information required for the information materials to be sent to the User, and for the swift communication with User within provision of the services under this Offer;
have a personal computer or any other portable (mobile) device with an Internet connection equipped with earphones and a microphone and having the software that is necessary and sufficient to receive the acquired services;
refrain from giving its Account and access to third parties for access to the Course Programs, and not to otherwise provide third parties with access to the materials obtained (including, not to make public and to distribute the Course Programs). If any third party access to the Course Programs through the fault of the User is identified, the Contractor may send a request to the User’s e-mail seeking payment by the User of the fine in the amount of 1,000,000 (one million) rubles. The amount of the fine is based on the degree of potential or inflicted damage to the rights and legitimate interests of the Contractor, which exceeds manifold the cost of Services paid by the Customer under the Agreement. The Contractor’s fine payment claim shall be subject to immediate satisfaction on a voluntary basis in the pre-trial order. In case the Customer refuses to pay or fails to satisfy the fine payment claim, the Contractor shall be entitled without delay to file a lawsuit to a court seeking protection of the violated right without complying with the pre-trial dispute settlement procedure.
5.16. The Services are not recommended for any persons having psychic problems, such as: schizophrenia, psychopathic disorder, acute psychosis states, bipolar affective disorder, recurrent depression, affective substance-related disorders in a stage of intoxication or abstinence, depressive disorders with the past history of suicidal tendencies, post-traumatic stress disorders, for the persons with chronic organic brain disorders, including with epilepsy.
5.17. The Services are not recommended during pregnancy and lactation.
5.18. Persons going through the acute stage of chronic diseases are recommended to refrain from participation in the Courses.
5.19. The Contractor shall not be liable for the course failing to meet expectations of the User and (or) the Customer.
6. Terms of Services Provision
6.1. The Services shall be rendered to the Customer remotely with the use of the Internet. The Customer (Participant) shall be provided with materials, including those for the unsupervised work.
6.2. The Customer shall be obliged to behave in conformity with the standards stipulated by the rules of conduct posted in the Contractor’s chats.
6.3. Prior to commencement of the Services, the Customer should familiarize itself with the rules and techniques posted on the personal account at the Platform, and independently monitor any amendments that may be introduced by the Contractor, where appropriate.
6.4. The Customer shall be obliged to carry out in good faith all tasks provided for by the Contractor in the course of rendering the services. The Customer must in due time perform and present the results of independent tasks for examination. Presenting the results of independent tasks for examination shall be the mandatory and essential condition for the Customer to be admitted to the next stage of services provision.
6.5. In case the Customer fails to fulfil the conditions set out by this Clause, the Contractor shall consider it as hindering by the Customer (Participant) proper provision of the Educational Services by the Contractor, wherefore the Contractor will not be liable for deterioration in quality of the services rendered to the Customer, and the Customer shall cease to be entitled to refer to the low quality of services provision. In this case, the services shall be deemed provided in full and to the required quality.
6.6. If the Customer uses fewer services than stipulated in the tariff chosen by the Customer, the short-received Services due to the Customer’s fault will be deemed provided to the Customer in full and to the proper quality, and no cash will be refunded.
6.7. The parties to the Agreement shall not sign the certificate of transfer and acceptance of services.
7. Change of Services Provision Terms. Repudiation of the Agreement
7.1. The Customer shall be obliged to immediately notify the Contractor in writing on the forthcoming change of any data submitted to the Contractor during performance of the Agreement via its e-mail specified upon registration.
7.2. The Contractor shall be obliged to immediately notify the Customer in writing on any change of its contact details via e-mail and by posting the information on the Website.
7.3. The Contractor shall be entitled to change the timetable of the classes subject to a prior notice to the Customer.
7.4. The Contractor shall notify the Customer on the relevant changes via the Customer’s personal account, Telegram – Channel messenger and other messengers. In this case, the Customer should independently monitor the relevance of the information in messengers and in the personal account.
7.5. If there exist any valid reasons (a disease, a business trip, other, at the Contractor’s discretion) and with the consent of the Contractor, the Customer may refuse to participate in a class. In this event, the Contractor shall provide the Customer with the class video recordings.
7.6. The Customer shall have the right, for any reasons during provision of services from the start date till the completion date of the Program, to claim for refund of the paid amounts of money in the sum equal to the remaining period of provision of services not received by the Customer.
7.7. In this case, the amount of funds to be repayable to the Customer shall be calculated based on the cost of stages (by steps) completed according to the following formula:
AR=TCS-CMC-AE
where:
AR – amount repayable;
TCS – total cost of Services under the Agreement;
CMC – cost of materials actually covered by the Customer (cost of stages is taken from the amount repayable starting from the first day of taking the stage);
AE – actual expenses of the Contractor in connection with provision of Services under the Agreement.
7.8. The actual expenses of the Contractor per each Participant incurred in connection with the Services provision under the Agreement amount to: 3,000 (three thousand) rubles – the cost of granting access to the educational platform for the Participant + 10% of the cost of services under the Agreement – agent’s fee for the customer acquisition, and other expenses incurred by the Contractor when providing the Services (bank fees if the Customer made payments using payment by installments, preparing handouts, etc.)
7.9. The cost of the 1st stage shall be calculated in proportion to division of the cost of the course by the number of classes, less any expenses for marketing events, the bank fee.
7.10. The funds shall be repaid by the Contractor based on the Customer’s application, an agreement for the Agreement termination within ten (10) days following receipt by the Contractor of the duly completed application of the Customer on refusal of the services and the agreement for the Agreement termination. For the payment or a part thereof to be refunded subject to Clause 4.3.1. of this Agreement, the Customer shall send an application for cash refund to the e-mail address of the Contractor: info@yuliaivlieva.com.
7.11. If the cash is refunded to the Customer before completion of services, the agreement shall be deemed early terminated, and the Services under the Agreement shall be ceased to be provided by the Contractor.
7.12. The notice on repudiation of services (an application for refund) should contain the contact details of the Customer specified in the Request, as well as the bank details to transfer the funds. The notice (application) should have appended to it the copies of the payment confirming documents, as well as a copy of the Customer’s passport (pages containing personal data and a residential address). The notice (application) should be signed by the Customer in person, scanned and sent to the Contractor’ e-mail info@yuliaivlieva.com. In case of violation of the terms set out in this paragraph, the Contractor may extend the period of refund at its own discretion.
8. Rights and Obligations of the Parties
8.1. The Contractor undertakes to:
8.1.1. Provide the Customer with all required information on the Service selected by the Customer, cost and Tariffs on the Contractor’s Website before the payment is made by the Customer.
8.1.2. Render consultancy support with respect to the services provided, the rules and procedures for registration and payment via the Contractor’s e-mail from 9:00 a.m. till 06:00 p.m. Moscow time on working days (Mon-Fri).
8.1.3. Grant access to the closed platform after payment of the Service by the Customer either for three (3) months or for five (5) months from the Course starting date (depending on the Tariff selected).
8.1.4. In accordance with this Agreement the Contractor waives any obligations to provide unlimited access to the closed platform and, therefore, exercises its exclusive rights to the Course, for which reason no claims of the Customer related to the said issue (upon expiration of the Course access term) shall be accepted by the Contractor.
8.1.5. The Customer shall have the right for extension of the term of access to the Course for the extra charge of 50% of the Course cost by transfer to the next coming Course stream.
8.1.6. The Customer may extend the access to the Course (provision of free access) for 2 months after the Access is terminated under paragraph 1, Clause 5.3.1., in which case no home task is checked, no certificate and diploma are issued.
8.2. The Contractor shall be entitled to:
8.2.1. Involve third parties, visiting speakers and experts in the provision of Services without any Customer’s consent.
8.2.2. The Parties agree that the Contractor shall be entitled to change the terms and conditions of the Services provided, including the conditions for granting access to the closed platform.
8.2.3. The Contractor shall notify the Customer on the specified changes by posting the information on the Contractor’s Website and the Customer should independently familiarize itself with the aforesaid changes.
8.2.4. If the Customer keeps using the Contractor Services, this will be qualified as approval of such conditions.
8.3. The Customer undertakes to:
8.3.1. Independently and in due time familiarize itself with the information on the Contractor Services on the Website prior to filing a request for buying the service selected, as well as with any changes of the specified terms and conditions, with the updated version of the Agreement each time it visits the Website, including after acceptance of the Offer.
8.3.2. Provide reliable, complete and accurate information about itself and not to misinform the Contractor in respect of its personality when buying the Contractor Service and completing the request on the Website.
8.3.3. Monitor the commencement of the Services under the Course on an independent basis.
8.3.4. Pay for the Services upon the terms and according to the cost as in effect when payment is made. The current terms and conditions and the cost, as well as the information on promotional events (special offers) shall be made available at the Contractor’s Website.
8.3.5. Pay for the selected Service in due time when the Contractor Service is acquired on the installment plan.
8.3.6. Respect the exclusive and copyrights of the Contractor and other third parties.
8.3.7. All text information and graphic images available at the Website, as well as the information presented on the closed platform are the property of the Contractor and are protected by copyrights.
8.3.8. Refrain from recording and distributing in any manner either for commercial or non-commercial purposes the information and materials supplied by the Contractor as part of this Agreement.
8.3.9. Refrain from creating any information products based on the information obtained aimed at deriving of commercial profit. Such products will be recognized as original derivatives and will be reserved to the Contractor by the copyright.
8.3.10. Refrain from making the closed platform accessible by the third parties and to ensure confidentiality of the information obtained.
8.3.11. Immediately notify the Contractor in writing on any changes in its personal data and contact details via the contact e-mail.
8.3.12. Adhere to all the rules stated in this Agreement, in the closed platform, described in the text format, articulated by the Contractor during live broadcasts, announced by the speakers or that otherwise became known to the Customer.
8.3.13. Maintain order and discipline when granted access to the closed platform, not to produce discomfort for other Customers by its actions, namely to refrain from any actions aimed at posting any senseless, useless and promotional information, as well as any illegal, discrediting or threatening messages, including those contradicting the legislation of the Russian Federation.
8.3.14. Refrain from any kind of propaganda and instigation of other Customers in order to use any products or services that are competitive for the Contractor, not to post the information that discredits the Contractor in any manner, including the data on the Customer’s failure to achieve any desired results.
8.3.15. Refrain from transferring to any third parties the received login and password to the closed platform.
8.3.16. In case of non-fulfilment of this provision (including cases of the login and password information leakage against the Customer’s will), the Contractor shall not be held liable for provision of Services to a person who received the data of the Customer’s account, and shall not be obliged to compensate the funds paid and/or a timespan during which the Customer’s login and password were actually held by a third party.
8.3.17. Notify the Contractor without delay on the loss or theft of the login and/or password for its account in the personal account on the closed platform.
8.3.18. Upon violation of the provisions contained in these Clauses the Contractor shall reserve the right to deny the Customer’s access to the closed platform, disconnect the Customer from the closed platform and to suspend the Customer from the Course without the right to restore the access.
8.3.19. In this case the funds paid by the Customer shall not be repaid and shall be deemed as a default interest due and payable to the Contractor in connection with violation of the obligations assumed by the Customer.
8.3.20. Take personal participation in the Course events within the time limits set out by the Contractor, follow the Contractor’s instructions for the purposes of ensuring person identification and monitoring the conditions for holding of such events.
8.4. The Customer shall be entitled to:
8.4.1. Make written notes during access to the closed platform, receive clarifications as to the materials presented, obtain full information on the content and procedure for the Services provision by the Contractor.
9. Services Cost and Payment
9.1. The Services shall be subject to payment by way of payment systems the information of which is available for the User at the Contractor’s Website.
9.2. After the Service is selected by the User it shall be redirected to the payment system website where the User effects payment. There may be a lump sum payment, including by installments, if it is stipulated by the relevant tariff, or by way of subscription. When choosing the payment method by subscription the User presents its bank card details and agrees that the subscription will be the automatic way of monthly writing off of the amount specified on the Website for the relevant subscription.
9.3. The Contractor also provides for an opportunity of the partial payment for services (there is a “Co to partial payment” key on the payment page). In this case, the User shall pay half of the amount is granted access to the Services till a certain date indicated in the Program in the personal account (user account). The second half of the amount shall be paid by the User on or before the date specified, otherwise access to the Session is terminated.
9.4. Interaction with the Administrator regarding any financial issues is carried out at the e-mail address: info@yuliaivlieva.com.
9.5. In the event the User had paid its participation in the Online Session, but elected not to participate in it, it should notify the Contractor to than effect immediately, but not later than 48 hours prior to commencement of the Session. The Administration is entitled to refuse to repay the funds, when the User got access to the Course.
9.6. The parties have agreed that the date of the notice referred to in Clause 3.5 hereof shall be deemed the day when it is actually received by the Contractor at the e-mail address info@yuliaivlieva.com.
9.7. All refunds to the User that will be made as agreed upon by the Contractor and (or) the Administrator of the Website will always be transferred less the fees taken by the payment systems through which the User paid for a certain Service, and less any other expenses actually incurred by the Contractor in connection with fulfilment of the obligations under the Agreement.
10. Feedback System
10.1. In the course of the services performance the User may ask questions within the subject specified when acquiring the services. The answers to the users’ questions shall be given on a first-come, first-served basis. The Host has the right to group the questions together depending on the topic.
10.2. The time for the Host’s answer is limited to the duration of the Online Session.
10.3. The Host reserves the right to leave a question unanswered if:
• the Contractor and (or) its representative thinks that the question asked by the User is off the Course subject;
• there is no enclosure the User refers to in its question;
• the question contains obscene words or other abusive sentences;
• the question is missing or the text thereof expressly implies that no answer is needed.
10.4. Any inappropriate communication of the User on the Contractor’s platform irrespective of whether it was addressed to the Contractor and (or) its representative, other Users, gives the Contractor and (or) its representative the right to block the User Account and to apply other sanctions subject to the effective legislation of the Russian Federation. In the context of this section, the inappropriate communication shall be understood as any offences, threats, harassment, slander and similar expression by the User of its negative attitude to other users, the Host and to its Administration. Blocking of the User Account on the listed grounds shall authorize the Contractor not to repay the funds paid by the offender for the Online Sessions and (or) access to the Courses.
11. Limitations, Representations and Warranties
11.1. Consulting services (sessions) are limited and are not recommended for the persons having psychic problems, such as: schizophrenia, psychopathic disorder, acute psychosis states, bipolar affective disorder, recurrent depression, affective substance-related disorders in a stage of intoxication or abstinence, depressive disorders with the past history of suicidal tendencies, post-traumatic stress disorders, for the persons with chronic organic brain disorders, including with epilepsy. If any signs of the above disorders are identified, the Host shall be entitled to refuse to hold a session/training/practicum.
11.2. Consulting services (sessions) are not recommended during pregnancy and lactation.
11.3. Persons suffering acute stage of chronic diseases are recommended to refrain from Audiovisual Works.
11.4. The Customer represents and warrants as follows:
11.4.1. The Customer is not misled as to the legal nature and content of the Agreement and the legal effects thereof, and has no objections against the terms and conditions of the Agreement and wordings in the text hereof. All provisions of the Agreement are clear and easy to understand and are accepted by the Customer in full and without reservations.
11.4.2. The Customer is a legally capable person who understands the meaning of its actions and is able to perform its obligations hereunder in full. The Customer assumes all risks related to the conclusion and execution of this Agreement, being of sound mind and in good health. The Customer has all powers required to enter into this Agreement in person.
11.4.3. The Customer has duly obtain all required permits and authorizations, approvals and permissions to enter into and perform this Agreement.
11.4.4. The Customer does not have any psychic, neurological, behavior or any other types of disorders and diseases related to psychic and mental condition. The Customer also guarantees that it is not registered with a psychoneurologic dispensary, narcological dispensary, is not receiving medical treatment with mental physicians and with a mental hospital.
11.4.5. The Customer does not keep any information back from the Contractor which, in case of non-disclosure, could do harm to the Customer.
11.4.6. The Customer understands the specifics of the services provided within the Agreement and the fact that provision thereof can fail to lead to the desired result, and that it is impossible to fully predict the result of services provision in advance, however, the Customer, nevertheless, wishes them to be provided in its favor and enters into the Agreement for that purpose. Any harm inflicted on the Customer in case of violation by it of the representations and warranties given under the Agreement shall be fully borne by the Customer.
11.4.7. The Customer authorizes the Contractor to render the services in a way that the Contractor will consider the most appropriate within execution of the obligations assumed hereunder and based on the representations and warranties given by the Customer.
11.4.8. When entering into this Agreement, the Customer acts on its own accord, without any undue influence of the third parties or the Contractor.
11.5. The Customer, with no payments made in its favor, entitles the Contractor to use its image and personal data (in particular, surname, first name, patronymic, and other personal data specified in the Agreement) in any video clips/video records/audio records, which will be recorded/shot as part of the services provision by the Contractor in person or by third parties on the assignment of the Contractor, for the purposes of their recording and distributing, as well as for the promotional and information purposes.
All rights to the specified video clips/video records/audio records/other intellectual deliverables received during provision of services shall be held by the Contractor who is entitled to make them publicly available and use in any other legal ways at its sole discretion.
12. Final Provisions
12.1. This Agreement shall remain in force indefinitely.
12.2. All disputes and controversies between the parties hereunder shall be settled by exchanging electronic messages between the User and the Contractor.
12.3. If an appropriate judicial authority recognizes any provision hereof to be invalid, such provision shall be automatically deleted, which does not render invalid any other provisions of the Agreement, however, the Contractor retains the obligation to notify the Users to that effect and to replace the invalid provision with a valid one, if required.
12.4. As regards disputable issues, the Parties have agreed upon the pre-court dispute settlement procedure, under which a claim of the User to the Contractor should be forwarded as a scanned copy to the e-mail address info@yuliaivlieva.com specifying “Issue in dispute” in the title of e-mail. If no agreement is reached on the issue in dispute within ten (10) days following receipt of the claim by the Contractor or by the User, a party concerned may bring a court action.
12.5. The parties have agreed on the contractual jurisdiction that is at the location of the Contractor.
12.6. The Contractor shall not be liable for any failures in the telecommunication and electric power networks; actions caused by malicious software resulting in shutdown or suspension in operation of the Internet both as a whole and in separate network segments involved in the performance hereof, for any third party illegal acts aimed at unauthorized access and (or) putting the Platform out of operation; suspension of the Platform and (or) Website operation due to any natural disasters, fires and other unforeseen circumstances (force majeure).
12.7. This Agreement may be unilaterally amended by the Contractor at any time, therefore, the User is charged with the duty to verify the relevance of the text hereof on a weekly basis and to read carefully all amendments published. The Contractor shall take whatever measures are necessary to notify the Users in advance on any amendments to the text of this Agreement, in particular, by mailing out information messages to the e-mail addresses indicated upon registration. However, the user’s duty to look through this Agreement regularly is the duty of priority and the User cannot lodge any claims against the Contractor regarding its disagreement with the amendments based on failure to receive the relevant notice.
12.8. Any matters not covered hereby shall be determined in conformity with the legislation of the Russian Federation.
13. Personal Data
13.1. The User’s personal data shall be processed pursuant to the legislation of the Russian Federation. The Customer being a legal entity shall be obliged to make its representative (the End User) familiar with the terms and conditions of personal data processing by the Contractor.
13.2. The Customer (the End User) shall be provided with access to the personal data for the purposes of performance hereof, including for granting access to functionality 27 (activated and inactivated data and commands) of the Website. In order to execute this Agreement, the User shall be given a technical opportunity to access personal pages of the Customer and (or) the User that is only delivered in cases and for the purposes set out by this Agreement.
13.3. The User is a holder of the information posted in the personal account and is aware that the Contractor is not directly involved in the formation and posting of the information published by the Contractor. When posting the information in the personal account, including while making available its personal data, the User is aware of and agrees that the said information can be accessible by other Website users subject to the specifics of the Platform architecture and functionality.
13.4. When accepting the terms hereof in accordance with Clause1, Clause 5 and Clause 10, Part 1, Article 6 of Federal Law No. 152-FZ dated 27.07.2006 “On Personal Data” (hereinafter referred to as the Law), the User gives its consent to the Contractor to any action (operation) or a set of actions (operations) involving personal data presented made with or without the use of the automation facilities, including collection, recording, systematization, storage, rectification (updating, changing), extraction, use, transfer, depersonalization, blocking, deletion, destruction of personal data.
13.5. Personal data shall be processed for the purposes of execution hereof, including, but not limited to: registration of a personal data subject on the Website; using the Website by the subject pursuant to the user agreement (offer); filling up with the information in the personal account for efficient interaction within the Agreement, control and efficiency of the Agreement performance, providing advantages and special conditions when performing the Agreement, publishing the information about achievements and progress under the execution of the Agreement, informing the subject on the personal account being registered on the Website and on the progress in performance hereof; mailing out and informing the subject on the forthcoming events, sales promotions and other possibilities of using the Website, collecting statistical and marketing data under the use of the Website (including data research and analysis), providing access to the Website online materials; compiling responses to the requests received and obtaining feedback; collecting and analyzing the materials with respect to demand for the materials and services, identification of the Website users; carrying out statistical and other researches based on the anonymized data; transfer of personal data to other users subject to the Website functionality; interaction and communication with a personal data subject.
13.6. The list of personal data shall be established during registration of the Customer or the End User and may include: surname, name, patronymic, passport data, place of residence, postal address, date of birth, phone number, e-mail address, other data stipulated by the registration questionnaire.
13.7. In the course of execution of the Agreement, any additional data may also be processed that is not directly used for the User identification, is not considered to be personal data, but is safeguarded and protected by the Contractor. The list of the data specified depends on the user category (a teacher, a student) and may include: information about arrangement of the Website access, Cookies files, information on the registration and use of the Website, information on geolocation, level of knowledge (initial and progress thereof), class (the level chosen by the User with the “Student” type upon registration 28 on the Website), goals of the classes, hobby and interests, recording of the classes held (for their quality assessment and improvement), information on the method of user attraction, audio and video recordings of the classes with the participation of the User, an image (a profile picture, a photo), name of the educational institution, a resume, professional sphere (including a place of employment and profession), subjects taught, information about the education, including the data and/or a copy of the document of education, data on the work experience and the position held, data of accounts in social networks and electronic services (links to the user profiles in social media), and other publicly available data submitted by the User.
13.8. Personal data will be processed by the Contractor who is a personal data processing operator. The Contractor shall be entitled to assign the processing to its affiliates, representatives and other third parties subject to meeting the requirements to personal data protection. Personal data may be transferred to third parties for the purpose of performance hereof and subject to compliance with the personal data processing regulations set out by the Contractor.
13.9. Processing and storage of personal data shall be carried out until achievement of the purposes of personal data processing and/or until withdrawal of the consent to personal data processing by the personal data subject. The User shall be entitled to withdraw the consent to personal data processing at any time by applying to the Contractor in accordance with the Personal Data Protection Policy adopted by the Contractor. If it is impossible to execute the Agreement due to withdrawal of the consent to personal data processing the Agreement shall be deemed terminated from the date of termination of personal data processing.
13.10. The Customer or the End User who has gained access to the publicly available third party personal data posted on the Website shall be obliged to maintain the protection mode of such personal data and shall not have the right to disclose or use such personal data for any other purposes other than for the use of the Website.
13.11. The Contractor shall not be liable for the risk of any adverse effects that will or may occur as a result of the Contractor’s failure to comply with the safety regulations in respect of its personal data protection, including those having occurred due to application by the User of the equipment, software or communication channels that are not in line with the established safety regulations for protection of personal data from any unauthorized (unlawful) encroachment of third parties.
13.12. Processing of personal data of the Russian Federation citizens is carried out with the use of the databases located on the territory of the Russian Federation.
13.13. The User shall be responsible for the reliability, relevance, completeness and compliance with the legislation of the Russian Federation of the information presented upon registration on the Website, shall represent and warrant that the personal and registration data transferred are reliable and complete.
13.14. The Customer being a legal entity confirms that it has obtained the consent to personal data processing from its representative (the End User) in accordance with the procedure prescribed by this Agreement and the Personal Data Protection Policy adopted by the User.
13.15. More detailed information on the procedure and conditions for the personal data processing and protection is available in the Personal Data Protection Policy adopted by the Contractor. Waiver of the consent to personal data processing shall entail impossibility of contractual obligations performance and results in termination of the Agreement.
13.16. By accepting the terms of this offer the User gives its consent to receiving information and/or promotional e-mails from the Contractor.
14. Details
Individual Entrepreneur Yulia Andreevna Ivlieva
Location address: 142209, Moscow region, Serpukhov, 42 Chernyshevskogo street, apt. 46
INN (Taxpayer Identification Number) 504308652553
OGRNIP (PSRNIE) 319507400037421
E-mail:
info@yuliaivlieva.com