OFFER AGREEMENT
for the provision of additional adult education services
Moscow
“01” June 2023
Individual entrepreneur Vyalov Sergey Sergeevich (IE Vyalov S.S., OGRNIP 320774600155805) (hereinafter referred to as the “Contractor“), by this public offer, offers any adult capable individual, legal entity or individual entrepreneur interested in receiving educational services for themselves and/or members of their family and/or any third party (hereinafter
- “Customer“) to conclude an Offer Agreement for the provision of additional adult education services (hereinafter referred to as the “Agreement“).
1. TERMS AND DEFINITIONS
1.1 “Contractor” — Individual entrepreneur Vyalov Sergey Sergeevich (IE Vyalov S.S., OGRNIP 320774600155805), providing the Customer with additional education services on the basis of this Offer.
1.2 “Customer” — any adult capable individual, legal entity or individual entrepreneur interested in receiving educational services for themselves and/or members of their family and/or any third party, who has accepted this Offer.
1.3 “Offer” — this public offer of the Contractor to conclude an agreement for the provision of paid or free educational services in accordance with Art. 421, 424 432, 435, 437, 575 of the Civil Code of the Russian Federation, containing all the essential terms of this agreement, published at the network address https://gastro.getcourse.ru/. The Offer Agreement is the basic document of the relationship between the Customer and the Contractor and is not subject to discussion. All additions and changes are made through appendices and/or additional agreements.
1.4 “Acceptance” — full and unconditional acceptance by the Customer of the terms of this Offer Agreement in accordance with Art. 438 of the Civil Code of the Russian Federation, confirming the Customer’s full agreement with all its clauses and provisions and the absence of any objections regarding the Offer Agreement or its individual clauses. Acceptance of the offer is equivalent to concluding an agreement for the provision of additional adult education services on the terms set out in the offer.
Acceptance of the offer is the Customer’s full payment for the Services offered by the Contractor or the Customer’s Registration to participate in the Educational Program on the Site in accordance with the terms of this offer. For Services offered by the Contractor under promotions (special offers, if available) with installment payment terms, full and unconditional acceptance of this offer is the Customer’s payment of the first part of the amount agreed by the parties.
From the moment funds are received as payment for the services provided (in full or the first part) to the Contractor’s settlement account or the Customer’s Registration to participate in the Educational Program on the Site, this agreement is considered concluded between the Customer and the Contractor. Acceptance of this Offer means that the Customer has familiarized himself to the extent necessary for him and agrees with the terms of this agreement, the rules of the payment system, the specifics of the Site’s functioning, as well as with the Contractor’s Educational Program and its methodology. The Offer does not require sealing and/or signing by the Customer and the Contractor, while maintaining full legal force.
1.5 “Services” — services for additional adult education provided by the Contractor on a paid and free basis according to the Educational Program approved by the Contractor and consisting of written texts, training videos and separately organized training sessions with the Customer with feedback using the Internet.
1.6 “Educational Program”, “Gastro Coaching”, “Program”, “Course Program”, “Course”, “Online Course” — a developed and approved by the Contractor remote online course (“Gastro Course”, “Gastro Group”, “Gastro Marathon” or “Free Gastro Marathon”, “Free Gastro Webinar Pressing Questions”), which is one or a set of several classes united by one topic in the format of distance learning, developed by the Contractor in order to transfer knowledge and skills to the Customer.
1.7 “Course Stream” — a group of Customers studying together, the recruitment of which is carried out within certain timeframes.
1.8 “Site” — a set of information, texts, graphic elements, design, images, photo and video materials, and other results of intellectual activity contained in an information system that ensures the availability of such information on the Internet at network addresses https://www.vyalov.com; https://vyalov.ru; https://gastro.getcourse.ru/ and their subdomains.
1.9 “Software”, “Software” — internet browser (Internet Explorer, FireFox, Google Chrome and/or similar) for accessing information resources located on the Internet, other programs for transmitting, storing, processing the provided information. The Customer undertakes to independently ensure the availability of Software on his personal computer or any other device. The Customer confirms that the provision of services by the Contractor under this Offer remotely using software fully complies with the Customer’s ability to use services provided in this way.
1.10 “Access to Personal Account” — a message sent by the Contractor to the Customer, in the form of an email containing the information necessary for the Customer to receive the Service on the Site (the Customer’s right to view, familiarize themselves and otherwise use the training materials of the “Educational Program”, in accordance with the conditions provided for in this Agreement).
1.11 “Webinar” — an interactive educational broadcast aimed at transferring knowledge and skills to the Customer in accordance with the Educational Program, carried out through remote access via the Internet, taking place in real time and/or presented by the Contractor to the Customer in the form of training videos with the Contractor’s comments.
1.12 “Feedback” — the process of providing and receiving answers from the Contractor, Curator or Invited expert to the Customer’s questions, conducted in the form of a webinar, or in the form of written comments on a specific topic via the Internet.
1.13 “Lesson” — a practical lesson in the form of remotely provided instructions, videos, photos, text of the training course with comments or other information from the Contractor.
1.14 “Chat” — closed communities intended for exchanging messages between Customers and the Contractor and curators within the framework of this Offer;
1.15 “Mailing” — automated sending of emails to the Customer’s email address (e-mail).
1.16 “Curator” — an individual engaged by the Contractor to provide practical assistance to the Contractor, carrying out practical interaction with the Customer in writing through electronic means of communication and, if necessary, personal communication, using the approved Educational Program and the Contractor’s resources, as well as knowledge received from the Contractor and from other sources.
1.17 “Tariff” — the cost of the Contractor’s training of the Customer in the Course Program, information about which is indicated on the Site, depending on the content of the Course Program.
1.18 Homework — assignments on the topic of training, provided by the Contractor to the Customer during training on the Course, for their independent completion.
2. SUBJECT OF THE AGREEMENT
2.1 The subject of this offer is the paid or free provision of additional adult education services to the Customer by remote means in order to obtain knowledge and skills within the framework of the Educational Program posted on the Site and the Curriculum described in the Educational Program.
2.2 Services under this Offer are provided by the Contractor remotely via the Internet, through the use of appropriate software.
2.3 Provision of services is carried out by the Contractor placing training materials and assignments for the Customer on the Site and in the Customer’s Personal Account, aimed at transferring knowledge according to the Educational Program of the courses in accordance with the schedule established by the Contractor, written and oral answers to the Customer’s questions, as well as other educational support of the Customer when passing educational programs.
2.4 Services under this Offer are limited to providing the Customer with information, transferring the Contractor’s knowledge and experience on the topics of the courses and forming skills for their independent use by the Customer.
The Contractor does NOT provide medical services to the Customer, does NOT carry out prevention, diagnosis and treatment of the Customer’s diseases, does NOT carry out medical rehabilitation of the Customer. Before applying any medical information the Customer is recommended to consult with a specialist. Conclusions and information expressed by the Contractor are recommendatory in nature, cannot be the basis for making any diagnoses and serve as a medical conclusion on referral for any medical procedures and other manipulations.
3. TERMS OF PROVIDING EDUCATIONAL SERVICES
3.1 The Course is conducted by the Contractor on the date and time specified in the Course description (Educational Program) on the Site. The course schedule and content of the Educational Program are posted on the Site and in the closed section of the Site. The Customer has no right to give any instructions regarding the content and duration of the Course.
3.2 The Customer independently familiarizes himself with the schedule and content of the Educational Program on the Site and is responsible for studying on the Course, completing assignments and other actions related to training.
3.3 Access to training materials is retained by the Customer for the period specified on the website (Calendar academic schedule of the educational process).
3.4 An act of acceptance of properly rendered services is not drawn up and signed by the parties. Educational services under this Offer are considered to have been rendered properly and of proper quality and on time, as well as accepted by the Customer, if within 3 (three) calendar days after the expiration of the period specified in clause 3.3. of this Offer for the corresponding service, the Customer has not filed a reasoned objection to the quality and volume of such services by sending a corresponding appeal to the Contractor’s email address specified on the Site or in this Offer.
3.5 Services for additional adult education within the framework of this Offer are not subject to licensing, are subject to “Initial knowledge check”, Intermediate “Check of the completed course”, Final “Check of the completed course”, and do not lead to the assignment of any qualification. A certificate of completion of the Course is issued at the discretion of the Contractor.
4. PROCEDURE FOR PROVIDING EDUCATIONAL SERVICES
4.1 Access to the personal account on the Site is provided by the Contractor within 48 hours after the Customer pays for the order, by sending passwords to access the closed section of the Site to the Customer’s email address specified by him when paying for educational services or when registering on the Site. If the Contractor has not set a Tariff for the Educational Program and the Site contains information about conducting a free Educational Program, in this case access to the personal account on the Site is provided by the Contractor within 48 hours after the Customer registers on the Site to participate in the Educational Program, by sending passwords to access the closed section of the Site to the Customer’s email address specified by him when registering on the Site.
4.2 Access to lessons is provided to the Customer on the day the training begins, gradually according to the Educational Program, according to the start date of the training course posted on the Site.
4.3 The Educational Program, information about the place and time of the Feedback, video lesson updates and other messages related to the course are also posted in the closed section of the Site. Information on individual course news may also be additionally sent to the Customer’s email address specified by him when paying for educational services or when registering on the Site.
4.4 The Customer independently monitors all updates and changes in information posted in the closed section of the Site and related to the provision of services under this Offer.
4.5 The Contractor provides services under this Offer in accordance with the Tariff chosen by the Customer.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1 The Contractor undertakes:
5.1.1 To provide services properly and on time.
5.1.2 To maintain the confidentiality of information received from the Customer when providing educational services under this Offer.
5.1.3 To comply with the legal requirements regarding the processing, transfer and protection of the Customer’s personal data.
5.2 The Contractor has the right:
5.2.1 To unilaterally change the schedule for posting training materials, conducting feedback and other consultations, without changing the established frequency of their conduct, as well as to change and supplement the content of lessons and assignments for the Customer.
5.2.2 To require the Customer to conscientiously fulfill the obligations undertaken, to show respectful attitude towards other course participants and towards the Contractor personally.
5.2.3 To unilaterally change and supplement the terms of this Offer, without prior agreement with the Customer, while ensuring the publication of the changed terms on the Site at least 3 (three) days before their entry into force. The Customer agrees that making changes and additions to this Offer entails making changes and additions to the agreement already concluded and in force between the Contractor and the Customer and they come into force simultaneously with such changes in this Offer.
5.2.4 To unilaterally terminate this Offer in case of a material breach by the Customer of the terms of this Offer, manifestation of aggression or disrespectful attitude. In this case, the funds paid by the Customer under this Offer are not subject to refund and are a penalty for the Customer’s actions. A material breach of the terms of this Offer means any violation of copyrights regulated by the current legislation of the Russian Federation “On Copyright”.
5.2.5 To engage third parties – Curators, to provide educational services in accordance with this Offer, without prior consent of the Customer. At the same time, the Contractor is not responsible for the unlawful actions of third parties when providing services under this Offer, but makes every effort to ensure the protection of the rights and interests of the Customer.
5.2.6 The Contractor has the right to apply to the court in case of violation by the Customer of any rights, which resulted in damages to the Contractor, as well as in case of illegal use by the Customer of any element of the Site for the purpose of making a profit.
5.3 The Customer undertakes:
5.3.1 To carefully study the information on the Site about the Services, their cost, conditions and terms of their provision.
5.3.2 After selecting the service, accepting this public offer and paying in full for educational services (if applicable) to adhere to the established schedule of the educational program, the goals and essence of completing the Contractor’s assignments, observe the deadlines for completing homework, follow the recommendations and requirements of the Contractor within the framework of providing services under this Offer.
5.3.3 To provide the Contractor with up-to-date information necessary for sending educational materials to the Customer, as well as for operational communication with the Customer within the framework of providing services under this Offer, namely: full name, mobile phone number and valid email address.
5.3.4 To observe the rules of conduct and show respect to the Contractor, other participants of the educational program.
5.3.5 Not to record, not to distribute (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and training materials provided by the Contractor to the Customer within the framework of this Offer, to create information and/or training products based on it for the purpose of making commercial profit, as well as to use this information in any other way except for personal use.
5.3.6 Not to transfer to third parties and to ensure the confidentiality of passwords for access to the personal account in the closed section of the Site and in the Software.
5.3.7 Not to change in any way the software part of the Site, to perform actions aimed at changing the functioning and performance of the Site.
5.3.8 To adhere to the established schedule of the Course Program, the goals and essence of completing the Contractor’s assignments, observe the deadlines for completing assignments, follow the recommendations and requirements of the Contractor within the framework of providing Services under this Offer.
5.3.9 In case of disagreement with any terms of this Offer, to stop using the Site.
5.4 The Customer has the right:
5.4.1 To apply for a refund of paid funds in accordance with the rules established by clause 7.1 of this Offer.
5.4.2 To independently make decisions about the advisability of using the knowledge, skills and abilities obtained as a result of training.
5.4.3 To receive explanations on the Program materials and receive complete information about the content and procedure for providing Services by the Contractor.
6. COST OF SERVICES AND PAYMENT PROCEDURE
6.1 The cost of educational services under this Offer is indicated on the Site and may be changed by the Contractor at any time unilaterally. The new cost comes into force from the moment of publication and does not apply to services paid for at the time of publication.
6.2 Payment for educational services is made by the Customer by transferring funds in the order of prepayment to the Contractor’s settlement account in the amount of 100% of the cost of educational services. A different payment procedure is possible in accordance with the terms of promotions (special offer), as well as in cases additionally agreed with the Contractor.
6.3 The method of payment under this Offer: payment by bank card using online payment services. When making a payment using a bank card, the Customer is recommended to use a bank card issued in the name of the Customer.
6.4 The date of payment is the date of receipt of funds to the Contractor’s settlement account.
6.5 The Customer is solely responsible for errors made by him when paying for the Services. The Contractor is not responsible for losses and other adverse consequences that may arise for the Customer and/or third parties in case of incorrect indication of details or payment purpose.
7. TERMS AND PROCEDURE FOR REFUND OF FUNDS
7.1 Refund of funds by the Contractor is carried out upon written application of the Customer, sent to the Contractor’s email address specified on the Site or in this Offer, minus the Contractor’s actual expenses at the time of refund, within the time limits established by the current legislation of the Russian Federation.
7.2 Such actual expenses of the Contractor include (but are not limited to), in particular, commissions of banks, credit organizations and relevant payment systems for making a refund, the cost of training materials provided to the Customer, including additional (bonus) materials of organized classes by the Contractor, even if the Customer did not use the materials.
7.3 Funds are returned to the Customer’s account from which the training payment was made, or to another account specified by the Customer, within 5 (five) working days after the decision on refund is made.
7.4 The Contractor reserves the right to reject the Customer’s application for a refund, in case of disrespectful attitude from the Customer towards the Contractor or other participants of the training Programs.
7.5 Access to training materials for the Customer is terminated within 1 (one) working day from the date the Contractor sends the Customer a message about the corresponding refund. The specified requirement of the Customer for a refund is also considered a withdrawal of this Acceptance.
8. LIABILITY OF THE PARTIES
8.1 In cases of non-performance or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation, taking into account the terms of this Agreement.
8.2 The Contractor is not responsible for the impossibility of the Customer receiving educational services for reasons beyond the Contractor’s control, namely: disruption of the Internet, equipment or Software on the part of the Customer. In this case, the services are considered to have been provided properly and subject to payment in full.
8.3 No information, training materials and/or consultations provided by the Contractor within the framework of providing educational services under this Offer can be considered as guarantees. Decision-making is within the exclusive competence of the Customer.
The Customer assumes full responsibility and risks associated with the use of information and training materials provided by the Contractor within the framework of fulfilling its obligations