For electronic content
The site administration does not refund money for electronic content. eBooks cannot be returned or exchanged.
In the event that the Buyer makes payment for granting access to download the Content and it is impossible to directly download it due to technical or any other reasons by the Buyer (caused by the Buyer and due to the fault of the Buyer), the refund of the paid funds will not be made, and the Content will be considered that duly received. Refunds are only possible if the Seller has provided a non-working file (which cannot be reproduced or saved (if proven after verification by the Seller) and if the Seller is unable to replace such file. Therefore, Content of the appropriate quality for the return and cannot be exchanged.
For paper books
If there is a polygraphic defect that leads to the loss or distortion of information: the absence of a printed text, a page jammed by a typewriter, a discrepancy between the title of the book on the cover and its contents, turned upside down relative to the cover of the page. In cases of detection of such defects, you have the right to return the previously purchased book to the store within 14 days from the moment of receipt.
According to the Resolution of the Cabinet of Ministers of Ukraine "On the Implementation of Certain Provisions of the Law of Ukraine "On the Protection of Consumer Rights" dated March 19, 1994 No. 172, such products of appropriate quality are not subject to return.
The site administration does not refund money for electronic content. eBooks cannot be returned or exchanged.
In the event that the Buyer makes payment for granting access to download the Content and it is impossible to directly download it due to technical or any other reasons by the Buyer (caused by the Buyer and due to the fault of the Buyer), the refund of the paid funds will not be made, and the Content will be considered that duly received. Refunds are only possible if the Seller has provided a non-working file (which cannot be reproduced or saved (if proven after verification by the Seller) and if the Seller is unable to replace such file. Therefore, Content of the appropriate quality for the return and cannot be exchanged.
For paper books
If there is a polygraphic defect that leads to the loss or distortion of information: the absence of a printed text, a page jammed by a typewriter, a discrepancy between the title of the book on the cover and its contents, turned upside down relative to the cover of the page. In cases of detection of such defects, you have the right to return the previously purchased book to the store within 14 days from the moment of receipt.
According to the Resolution of the Cabinet of Ministers of Ukraine "On the Implementation of Certain Provisions of the Law of Ukraine "On the Protection of Consumer Rights" dated March 19, 1994 No. 172, such products of appropriate quality are not subject to return.
INDIVIDUAL PERSON-ENTREPRENEUR POBOCHA YULIYA SERHIIVNA
EDRPOU: 3105718287
Address: Ukraine, 76493, Ivano-frankivsk region, Ivano-frankivsk district, Krykhivtsi village, str. Slobidska, house
44/35a
Email: info@lingualibrary.com
EDRPOU: 3105718287
Address: Ukraine, 76493, Ivano-frankivsk region, Ivano-frankivsk district, Krykhivtsi village, str. Slobidska, house
44/35a
Email: info@lingualibrary.com
Public agreement-offer on the provision of information and consulting services
1. General provisions
1.1. This document is a public offer of FOP POBOCHA YULIYA SERGIIVNA IPN 3105718287, hereinafter referred to as "Executive", and contains all essential terms of the contract for the provision of information and consulting services.
1.2 The person who accepts this offer becomes the Customer, acquires all the rights and obligations stipulated by this contract (Part 1 of Article 642 of the Civil Code of Ukraine), and the Contractor and the Customer jointly become Parties to the Offer contract.
1.3. Acceptance of this public offer is the Customer's full payment for information and consulting services in accordance with the terms of this contract. From the moment of receipt of funds, as payment for the provision of services, to the Contractor's current account, this contract is considered concluded between the Customer and the Contractor.
1.4. The acceptance of this Offer and, accordingly, the conclusion of this Agreement means that the Customer has familiarized himself with the terms of this agreement and the rules of the payment system (hereinafter - the System), the specifics of the functioning of the System and the site on which the educational materials are located, as well as the course program to the extent necessary for him , posted on the website: lingualibrary.com
1.5. By accepting this offer, the Customer confirms that the Contractor's provision of services under this contract remotely with the use of software (hereinafter - software) fully corresponds to the Customer's ability to use the services provided in this way.
2. Terms and definitions
2.1. In this Agreement, unless the text expressly states otherwise, the following words and expressions shall have the following meanings:
2.1.1. Offer - this document between the Contractor and the Customer for the provision of Services, which is concluded with the help of the Acceptance of the Offer. The Offer Agreement is the basic document of the relationship between the two parties and is not subject to negotiation. All additions and changes are made with the help of annexes and/or additional agreements drawn up to this agreement and will be posted on the website at the address: lingualibrary.com
2.1.2 Acceptance of the offer - full and unconditional acceptance by the Customer of the terms of this Agreement-offer.
2.1.3. The customer is any natural or legal person or individual entrepreneur who is interested in receiving the Services for himself and/or his family members and/or any third party, and who has accepted this Offer, who is thus a consumer Services of the Contractor under the concluded Agreement.
2.1.4. The Curator is an assistant of the Performer who carries out practical interaction with the Customer within the framework of the Course using electronic means of communication (e-mail, Whatsapp messenger or through the SendPulse Platform) and, if necessary, personal communication, using the approved program and resources of the Performer (academic portal), additional materials, as well as knowledge received from the Performer and other sources - in the remote form of conducting classes.
2.1.5. The site is a collection of information, texts, graphic elements, design, images, photos and video materials and other results of intellectual activity, as well as computer programs contained in the information system, which ensures the availability of such information on the Internet at the address lingualibrary.com
2.1.6. Access to the personal account - a message sent by the Contractor to the Customer by e-mail. letters confirming the conclusion of the Agreement and containing the information necessary for the Customer to receive the Service on the lingualibrary.com website
2.1.7. Mailing – automated sending of e-mails to the Customer's e-mail address.
3. The subject of the contract is an offer
3.1. The subject of this Public Offer Agreement is the legal relationship arising directly between the Contractor and the Customer, according to which the Contractor, for a fee, undertakes to provide the Customer with a set of information services for taking an online course through the Customer's personal account, and the Customer undertakes to pay for such services, accept them , as well as the obligations established by this Offer.
3.2. The amount of information services provided to the Customer depends on the ordered participation package
3.3 From the moment of receipt of funds to the account of payment for the provided Services to the current account of the Contractor, this Agreement is considered concluded between the Customer and the Contractor (Part 1 of Article 642 of the Civil Code of Ukraine). At the same time, concluding the Agreement in a simple written form is not mandatory.
3.4 The contract of the offer provides that the Customer is familiar with the conditions, the procedure for providing and paying for the Services, and also recognizes the unconditional suitability of the payment system proposed by the Contractor for paying for the Services, as well as that the provision of Services by the Contractor is carried out remotely using the SendPuls Platform and is fully within the capabilities of the Customer, which provided in this way.
3.5 In case of disagreement with any terms of the Agreement, the Customer undertakes to stop using the Site and unsubscribe from the Newsletter, as a result of which he ceases to receive e-mails from the Contractor.
3.6 The Contractor reserves the right to change the terms of this Agreement unilaterally without prior approval from the Ordercom, while ensuring the publication of the changed conditions on the Site, at least 3 (three) days before their entry into force. Therefore, the Contractor recommends that the Customer regularly check the terms of this Agreement regarding its changes and/or additions. The current edition is permanently posted on the lingualibrary.com website
3.7. The Customer agrees that the introduction of amendments and additions to this Agreement entails the introduction of amendments and additions to the already concluded and valid Agreement between the Contractor and the Customer, and they enter into force simultaneously with the changes in this Agreement. At the same time, the changes made do not apply to the Customer who paid for the services before the changes to the terms of the Agreement.
4. Acceptance of the offer
4.1. Acceptance of the offer is equivalent to concluding a bilateral agreement in a simple written form.
4.2. The customer accepts the offer by performing one of the following actions:
- taking an action that indicates acceptance of the terms of the Agreement on the order page on the website;
- payment to the current account based on the details received from the Contractor, or based on the payment invoice issued or a link on the website;
- actual consumption of information and educational services within the online course.
4.3. Acceptance of the terms of the Agreement (acceptance of the offer) means unconditional acceptance of all
its conditions. If the Customer does not agree with the terms of the Agreement, he must leave the Site and stop using the relevant services.
4.4. By accepting the offer, the Customer confirms the fact of providing him with all the necessary and
sufficient information in order to make an affirmative decision on the conclusion of the Agreement
5. Lines of service provision and the order of their transfer
5.1. This Agreement enters into force from the moment of acceptance of the offer and is valid until
- complete completion of the online course by the Customer;
- or termination of the Agreement by agreement of the parties;
- or termination at the initiative of the Contractor, in the case and under the conditions established by this Agreement.
5.2. The Customer's obligations to respect intellectual property rights are valid indefinitely, regardless of the validity of this Public Offer.
6. Service provision procedure
6.1. Access to the educational platform (hereinafter Personal account) is provided by registration on the platform, then the Performer opens access to the email address provided by the customer.
6.1.1 Access to the training course (manual) is provided to the participant on the day the training starts and is unlimited
6.3. The Customer must independently monitor all updates and changes to the information posted in the closed section of the Site or in the Course Chat, related to the provision of services under this contract.
7. Rights and obligations of the parties
7.1 The contractor undertakes:
7.1.1. Provide services properly and on time.
7.1.2. Keep confidential information received from the Customer in case of provision of information and consulting services under this contract.
7.1.3. To comply with the requirements of the legislation regarding the processing, transfer and protection of the Customer's personal data, taking into account the provisions of the Privacy Policy posted on the Site.
7.2. The executor has the right to:
7.2.1. Unilaterally change the schedule of placement of educational material, feedback and other consultations, without changing the established periodicity of their conduct, as well as change and supplement the content of lessons and tasks for the Customer.
7.2.2. Demand from the Customer conscientious fulfillment of the obligations he has undertaken, respectful attitude towards other participants of the course and towards the Executor personally.
7.2.3. Unilaterally change and supplement the terms of this contract, without prior agreement with the Customer, while ensuring the publication of the changed terms on the website at the address: lingualibrary.com at least 3 (three) days before their entry into force.
7.2.4. Unilaterally terminate this contract in the event of significant violation by the Customer of the terms of this Contract, aggression or disrespectful attitude. At the same time, the funds paid by the Customer under this contract are non-refundable and constitute a penalty for the Customer's actions. A significant violation of the terms of this Agreement means any violation of copyright, regulated by the current legislation of Ukraine "On Copyright".
7.2.5. Engage third-party experts to provide services in accordance with this contract. At the same time, the Contractor is not responsible for the illegal actions of third parties during the provision of services under this contract, but makes every effort to ensure the protection of the rights and interests of the Customer.
7.2.6. The Contractor has the right to apply to the court for violation of any rights by the Customer, which caused real damage to the Contractor, as well as in case of illegal use by the Customer of any element of the Site for the purpose of obtaining profit.
7.3. The customer undertakes:
7.3.1. Observe the rules of conduct and show respect for the Performer and other participants of the training program.
7.3.2. Not to record, not to distribute (publish, place on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer within the framework of this agreement, to create information products based on it for the purpose of obtaining commercial profit, as well as to use this information in any other way, except for personal use.
7.3.3. Do not transfer to third parties and ensure the confidentiality of access passwords to the personal account in the closed section of the Site and to the special software used by the Contractor for the organization of services under this contract.
7.3.4. Do not change the software part of the Site in any way, take actions aimed at changing the functioning and efficiency of the Site.
7.3.5. To comply with the established schedule of the Course Program, the goals and essence of the performance of the Contractor's tasks, to comply with the deadlines for the completion of tasks, to comply with the recommendations and requirements of the Contractor within the framework of the provision of Services under this Agreement
7.4. The customer has the right to:
- To receive information services in the scope and on the terms stipulated herein
Public contract;
- When using information services, receive the necessary information and assistance from the Contractor.
8. Cost of services and payment procedure
8.1. Payment for the Course (Guide) is made by the Customer by crediting funds in the order of prepayment to the Contractor's current account in the amount of 100% of the cost.
8.2. Method of payment under the Agreement: payment by bank card using Visa, MasterCard payment systems. After ordering the Service, the Customer is redirected to the service of the payment system, where the Customer can pay for the Service in any convenient way for him from the options offered by the service.
8.3. The moment of payment is considered to be the receipt of funds to the Contractor's current account.
8.4. The customer is solely responsible for mistakes made by him when paying for the Services. The Contractor is not responsible for damages and other adverse consequences that may arise from the Customer and/or third parties in the event of an incorrect instruction regarding the purpose of payment
9. Liability
9.1. The Contractor is not responsible for the impossibility of providing services to the Customer due to reasons beyond the control of the Contractor, namely: disruption of the Internet, hardware or software, as well as in case of non-compliance with the terms of the Course Program by the Customer. In this case, the services are considered to have been properly provided and are subject to payment in full.
9.2. No information, materials and/or advice provided by the Contractor as part of the provision of services under this contract can be considered as guarantees. Making decisions based on all the information provided by the Contractor is within the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor within the framework of fulfilling its obligations under this Agreement.
9.3. The Contractor does not guarantee the absolute uninterrupted provision of services under this contract, despite the fact that the Contractor takes all possible measures to prevent the above. In the case of unsatisfactory quality of the Internet connection, the stable operation of the software is not guaranteed, in this case, obtaining services under this contract may be difficult or impossible.
9.4. The parties are released from responsibility for non-fulfillment or improper fulfillment of obligations under this contract during force majeure. During this time, the parties have no mutual claims, and each party assumes its own risk of the consequences of force majeure circumstances. The Contractor is obliged to notify the Customer of the occurrence of such circumstances by posting information on the Site and/or to the e-mail box specified by the Customer during payment, and the Customer is obliged to send a message to the Contractor at info@lingualibrary.com with the subject "Force- major". Under circumstances of force majeure (force majeure) the Parties understand: fire, flood, earthquake, strikes and other natural disasters, war and military operations, entry into force of normative legal acts and acts of application of law that prevent the fulfillment of obligations, forced urgent ( unplanned) hospitalization, documented, if the above-mentioned circumstances are beyond the control of the Parties, prevent the execution of this contract and arose after the conclusion of this contract. Lack of time for the Customer for any reason to complete the training program, being on vacation, business trip, non-payment for Internet access, breakdown of the means of Internet access are not circumstances of force majeure (force majeure).
9.5. The total liability of the Contractor under this contract for any claim or claim related to the contract or its performance is limited to the amount of payment paid to the Contractor by the Customer. At the same time, only actual damage, but not lost profit, can be charged from the Contractor.
10. Personal data and their use
10.1. By providing the necessary information for the provision of Services, the Customer provides the Contractor with his personal data. By Accepting the Offer, using the Personal account on the SendPulse Platform, the Customer expresses his consent to the processing of the personal data transferred to him data
10.2. The customer consents to the collection and processing of his personal data for the following purposes:
- to identify the Customer;
- for direct provision of information services;
- For targeting advertisements;
- to send electronic correspondence (notifications about news, promotion or
Special proposals)
- to store information in the CRM system (customer database)
10.3. The Contractor has the right to provide access to the Customer's personal data in case of engaging contractors to provide services and organize advertising campaigns. Contractors may gain access to part of the Customer's personal data.
10.4. The Contractor warrants that it will take all reasonable and sufficient measures to
preventing unauthorized access to personal information and data,
received from the Customer.
10.5. Consent to storage and processing of personal data has an unlimited validity period.
10.6. Data and information that the Contractor has the right to collect and process:
- information provided by the Customer: surname, first name, patronymic, e-mail address, phone number, social network addresses, gender, information about the place of study or work, etc.;
- information about the services purchased by the Customer, the status of completion of the online course, the quality of homework performed by the Customer;
- data automatically generated as a result of using the Website: date and
website visit time, page views, links, searches, cookies, etc.;
- data on the technologies used by the Customer to access the Website: about the Internet provider, IP address, characteristics and settings of electronic devices and software used to access the Website.
- Data necessary for the functioning of advertising targeting services.
10.7. The Customer is fully aware that due to certain circumstances (for example, posting and discussing the learning results achieved by the Customer in the Chat), the Customer's personal data may become available to other persons
In addition, processing of personal data is carried out to improve the Contractor's services based on the analysis of the specified information, as well as to detect, prevent, mitigate the consequences and investigate fraudulent or illegal actions regarding the Site and the educational program as the object of the Contractor's intellectual rights.
11. Copyright protection
11.1. The site contains the results of intellectual activity belonging to the Performer, its affiliates and other related parties, representatives, and all other persons acting on behalf of the Performer.
11.2. By using the Site, the Customer acknowledges and agrees that the entire content of the Site and the structure of the Site's content are protected by copyright and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media and with respect to all technologies, as existing now, and developed or created later. No rights to any content of the Site, including, but not limited to, audiovisual works, text and graphic materials, computer programs are transferred to the Customer as a result of using the Site and concluding this agreement.
11.3. When quoting materials from the Site, if this is provided by the functions of the Site, the Customer undertakes to indicate a link to the Site.
11.4. If the Customer violates the provisions of this contract regarding the protection of copyrights of the Performer, the latter has the right to demand compensation for all incurred damages, including lost profit.
12. Final provisions
12.1. This contract enters into force from the moment of acceptance by the Customer in accordance with clause 1.3. of the contract and is valid until the parties fulfill their obligations.
12.2. All disputes and disagreements between the parties are resolved through negotiations or in court in accordance with the current legislation of Ukraine at the place of registration of the Contractor.
12.3. Inaction on the part of the Contractor in case of violation by the Customer of the provisions of this contract does not deprive the Contractor of the right to take appropriate actions later to protect his interests and protect intellectual rights to the materials of the Site, which are protected in accordance with the law.
12.4. Recognition by a court of any provision of this contract as invalid or unenforceable does not entail the invalidity of its other provisions.
1. General provisions
1.1. This document is a public offer of FOP POBOCHA YULIYA SERGIIVNA IPN 3105718287, hereinafter referred to as "Executive", and contains all essential terms of the contract for the provision of information and consulting services.
1.2 The person who accepts this offer becomes the Customer, acquires all the rights and obligations stipulated by this contract (Part 1 of Article 642 of the Civil Code of Ukraine), and the Contractor and the Customer jointly become Parties to the Offer contract.
1.3. Acceptance of this public offer is the Customer's full payment for information and consulting services in accordance with the terms of this contract. From the moment of receipt of funds, as payment for the provision of services, to the Contractor's current account, this contract is considered concluded between the Customer and the Contractor.
1.4. The acceptance of this Offer and, accordingly, the conclusion of this Agreement means that the Customer has familiarized himself with the terms of this agreement and the rules of the payment system (hereinafter - the System), the specifics of the functioning of the System and the site on which the educational materials are located, as well as the course program to the extent necessary for him , posted on the website: lingualibrary.com
1.5. By accepting this offer, the Customer confirms that the Contractor's provision of services under this contract remotely with the use of software (hereinafter - software) fully corresponds to the Customer's ability to use the services provided in this way.
2. Terms and definitions
2.1. In this Agreement, unless the text expressly states otherwise, the following words and expressions shall have the following meanings:
2.1.1. Offer - this document between the Contractor and the Customer for the provision of Services, which is concluded with the help of the Acceptance of the Offer. The Offer Agreement is the basic document of the relationship between the two parties and is not subject to negotiation. All additions and changes are made with the help of annexes and/or additional agreements drawn up to this agreement and will be posted on the website at the address: lingualibrary.com
2.1.2 Acceptance of the offer - full and unconditional acceptance by the Customer of the terms of this Agreement-offer.
2.1.3. The customer is any natural or legal person or individual entrepreneur who is interested in receiving the Services for himself and/or his family members and/or any third party, and who has accepted this Offer, who is thus a consumer Services of the Contractor under the concluded Agreement.
2.1.4. The Curator is an assistant of the Performer who carries out practical interaction with the Customer within the framework of the Course using electronic means of communication (e-mail, Whatsapp messenger or through the SendPulse Platform) and, if necessary, personal communication, using the approved program and resources of the Performer (academic portal), additional materials, as well as knowledge received from the Performer and other sources - in the remote form of conducting classes.
2.1.5. The site is a collection of information, texts, graphic elements, design, images, photos and video materials and other results of intellectual activity, as well as computer programs contained in the information system, which ensures the availability of such information on the Internet at the address lingualibrary.com
2.1.6. Access to the personal account - a message sent by the Contractor to the Customer by e-mail. letters confirming the conclusion of the Agreement and containing the information necessary for the Customer to receive the Service on the lingualibrary.com website
2.1.7. Mailing – automated sending of e-mails to the Customer's e-mail address.
3. The subject of the contract is an offer
3.1. The subject of this Public Offer Agreement is the legal relationship arising directly between the Contractor and the Customer, according to which the Contractor, for a fee, undertakes to provide the Customer with a set of information services for taking an online course through the Customer's personal account, and the Customer undertakes to pay for such services, accept them , as well as the obligations established by this Offer.
3.2. The amount of information services provided to the Customer depends on the ordered participation package
3.3 From the moment of receipt of funds to the account of payment for the provided Services to the current account of the Contractor, this Agreement is considered concluded between the Customer and the Contractor (Part 1 of Article 642 of the Civil Code of Ukraine). At the same time, concluding the Agreement in a simple written form is not mandatory.
3.4 The contract of the offer provides that the Customer is familiar with the conditions, the procedure for providing and paying for the Services, and also recognizes the unconditional suitability of the payment system proposed by the Contractor for paying for the Services, as well as that the provision of Services by the Contractor is carried out remotely using the SendPuls Platform and is fully within the capabilities of the Customer, which provided in this way.
3.5 In case of disagreement with any terms of the Agreement, the Customer undertakes to stop using the Site and unsubscribe from the Newsletter, as a result of which he ceases to receive e-mails from the Contractor.
3.6 The Contractor reserves the right to change the terms of this Agreement unilaterally without prior approval from the Ordercom, while ensuring the publication of the changed conditions on the Site, at least 3 (three) days before their entry into force. Therefore, the Contractor recommends that the Customer regularly check the terms of this Agreement regarding its changes and/or additions. The current edition is permanently posted on the lingualibrary.com website
3.7. The Customer agrees that the introduction of amendments and additions to this Agreement entails the introduction of amendments and additions to the already concluded and valid Agreement between the Contractor and the Customer, and they enter into force simultaneously with the changes in this Agreement. At the same time, the changes made do not apply to the Customer who paid for the services before the changes to the terms of the Agreement.
4. Acceptance of the offer
4.1. Acceptance of the offer is equivalent to concluding a bilateral agreement in a simple written form.
4.2. The customer accepts the offer by performing one of the following actions:
- taking an action that indicates acceptance of the terms of the Agreement on the order page on the website;
- payment to the current account based on the details received from the Contractor, or based on the payment invoice issued or a link on the website;
- actual consumption of information and educational services within the online course.
4.3. Acceptance of the terms of the Agreement (acceptance of the offer) means unconditional acceptance of all
its conditions. If the Customer does not agree with the terms of the Agreement, he must leave the Site and stop using the relevant services.
4.4. By accepting the offer, the Customer confirms the fact of providing him with all the necessary and
sufficient information in order to make an affirmative decision on the conclusion of the Agreement
5. Lines of service provision and the order of their transfer
5.1. This Agreement enters into force from the moment of acceptance of the offer and is valid until
- complete completion of the online course by the Customer;
- or termination of the Agreement by agreement of the parties;
- or termination at the initiative of the Contractor, in the case and under the conditions established by this Agreement.
5.2. The Customer's obligations to respect intellectual property rights are valid indefinitely, regardless of the validity of this Public Offer.
6. Service provision procedure
6.1. Access to the educational platform (hereinafter Personal account) is provided by registration on the platform, then the Performer opens access to the email address provided by the customer.
6.1.1 Access to the training course (manual) is provided to the participant on the day the training starts and is unlimited
6.3. The Customer must independently monitor all updates and changes to the information posted in the closed section of the Site or in the Course Chat, related to the provision of services under this contract.
7. Rights and obligations of the parties
7.1 The contractor undertakes:
7.1.1. Provide services properly and on time.
7.1.2. Keep confidential information received from the Customer in case of provision of information and consulting services under this contract.
7.1.3. To comply with the requirements of the legislation regarding the processing, transfer and protection of the Customer's personal data, taking into account the provisions of the Privacy Policy posted on the Site.
7.2. The executor has the right to:
7.2.1. Unilaterally change the schedule of placement of educational material, feedback and other consultations, without changing the established periodicity of their conduct, as well as change and supplement the content of lessons and tasks for the Customer.
7.2.2. Demand from the Customer conscientious fulfillment of the obligations he has undertaken, respectful attitude towards other participants of the course and towards the Executor personally.
7.2.3. Unilaterally change and supplement the terms of this contract, without prior agreement with the Customer, while ensuring the publication of the changed terms on the website at the address: lingualibrary.com at least 3 (three) days before their entry into force.
7.2.4. Unilaterally terminate this contract in the event of significant violation by the Customer of the terms of this Contract, aggression or disrespectful attitude. At the same time, the funds paid by the Customer under this contract are non-refundable and constitute a penalty for the Customer's actions. A significant violation of the terms of this Agreement means any violation of copyright, regulated by the current legislation of Ukraine "On Copyright".
7.2.5. Engage third-party experts to provide services in accordance with this contract. At the same time, the Contractor is not responsible for the illegal actions of third parties during the provision of services under this contract, but makes every effort to ensure the protection of the rights and interests of the Customer.
7.2.6. The Contractor has the right to apply to the court for violation of any rights by the Customer, which caused real damage to the Contractor, as well as in case of illegal use by the Customer of any element of the Site for the purpose of obtaining profit.
7.3. The customer undertakes:
7.3.1. Observe the rules of conduct and show respect for the Performer and other participants of the training program.
7.3.2. Not to record, not to distribute (publish, place on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Contractor to the Customer within the framework of this agreement, to create information products based on it for the purpose of obtaining commercial profit, as well as to use this information in any other way, except for personal use.
7.3.3. Do not transfer to third parties and ensure the confidentiality of access passwords to the personal account in the closed section of the Site and to the special software used by the Contractor for the organization of services under this contract.
7.3.4. Do not change the software part of the Site in any way, take actions aimed at changing the functioning and efficiency of the Site.
7.3.5. To comply with the established schedule of the Course Program, the goals and essence of the performance of the Contractor's tasks, to comply with the deadlines for the completion of tasks, to comply with the recommendations and requirements of the Contractor within the framework of the provision of Services under this Agreement
7.4. The customer has the right to:
- To receive information services in the scope and on the terms stipulated herein
Public contract;
- When using information services, receive the necessary information and assistance from the Contractor.
8. Cost of services and payment procedure
8.1. Payment for the Course (Guide) is made by the Customer by crediting funds in the order of prepayment to the Contractor's current account in the amount of 100% of the cost.
8.2. Method of payment under the Agreement: payment by bank card using Visa, MasterCard payment systems. After ordering the Service, the Customer is redirected to the service of the payment system, where the Customer can pay for the Service in any convenient way for him from the options offered by the service.
8.3. The moment of payment is considered to be the receipt of funds to the Contractor's current account.
8.4. The customer is solely responsible for mistakes made by him when paying for the Services. The Contractor is not responsible for damages and other adverse consequences that may arise from the Customer and/or third parties in the event of an incorrect instruction regarding the purpose of payment
9. Liability
9.1. The Contractor is not responsible for the impossibility of providing services to the Customer due to reasons beyond the control of the Contractor, namely: disruption of the Internet, hardware or software, as well as in case of non-compliance with the terms of the Course Program by the Customer. In this case, the services are considered to have been properly provided and are subject to payment in full.
9.2. No information, materials and/or advice provided by the Contractor as part of the provision of services under this contract can be considered as guarantees. Making decisions based on all the information provided by the Contractor is within the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor within the framework of fulfilling its obligations under this Agreement.
9.3. The Contractor does not guarantee the absolute uninterrupted provision of services under this contract, despite the fact that the Contractor takes all possible measures to prevent the above. In the case of unsatisfactory quality of the Internet connection, the stable operation of the software is not guaranteed, in this case, obtaining services under this contract may be difficult or impossible.
9.4. The parties are released from responsibility for non-fulfillment or improper fulfillment of obligations under this contract during force majeure. During this time, the parties have no mutual claims, and each party assumes its own risk of the consequences of force majeure circumstances. The Contractor is obliged to notify the Customer of the occurrence of such circumstances by posting information on the Site and/or to the e-mail box specified by the Customer during payment, and the Customer is obliged to send a message to the Contractor at info@lingualibrary.com with the subject "Force- major". Under circumstances of force majeure (force majeure) the Parties understand: fire, flood, earthquake, strikes and other natural disasters, war and military operations, entry into force of normative legal acts and acts of application of law that prevent the fulfillment of obligations, forced urgent ( unplanned) hospitalization, documented, if the above-mentioned circumstances are beyond the control of the Parties, prevent the execution of this contract and arose after the conclusion of this contract. Lack of time for the Customer for any reason to complete the training program, being on vacation, business trip, non-payment for Internet access, breakdown of the means of Internet access are not circumstances of force majeure (force majeure).
9.5. The total liability of the Contractor under this contract for any claim or claim related to the contract or its performance is limited to the amount of payment paid to the Contractor by the Customer. At the same time, only actual damage, but not lost profit, can be charged from the Contractor.
10. Personal data and their use
10.1. By providing the necessary information for the provision of Services, the Customer provides the Contractor with his personal data. By Accepting the Offer, using the Personal account on the SendPulse Platform, the Customer expresses his consent to the processing of the personal data transferred to him data
10.2. The customer consents to the collection and processing of his personal data for the following purposes:
- to identify the Customer;
- for direct provision of information services;
- For targeting advertisements;
- to send electronic correspondence (notifications about news, promotion or
Special proposals)
- to store information in the CRM system (customer database)
10.3. The Contractor has the right to provide access to the Customer's personal data in case of engaging contractors to provide services and organize advertising campaigns. Contractors may gain access to part of the Customer's personal data.
10.4. The Contractor warrants that it will take all reasonable and sufficient measures to
preventing unauthorized access to personal information and data,
received from the Customer.
10.5. Consent to storage and processing of personal data has an unlimited validity period.
10.6. Data and information that the Contractor has the right to collect and process:
- information provided by the Customer: surname, first name, patronymic, e-mail address, phone number, social network addresses, gender, information about the place of study or work, etc.;
- information about the services purchased by the Customer, the status of completion of the online course, the quality of homework performed by the Customer;
- data automatically generated as a result of using the Website: date and
website visit time, page views, links, searches, cookies, etc.;
- data on the technologies used by the Customer to access the Website: about the Internet provider, IP address, characteristics and settings of electronic devices and software used to access the Website.
- Data necessary for the functioning of advertising targeting services.
10.7. The Customer is fully aware that due to certain circumstances (for example, posting and discussing the learning results achieved by the Customer in the Chat), the Customer's personal data may become available to other persons
In addition, processing of personal data is carried out to improve the Contractor's services based on the analysis of the specified information, as well as to detect, prevent, mitigate the consequences and investigate fraudulent or illegal actions regarding the Site and the educational program as the object of the Contractor's intellectual rights.
11. Copyright protection
11.1. The site contains the results of intellectual activity belonging to the Performer, its affiliates and other related parties, representatives, and all other persons acting on behalf of the Performer.
11.2. By using the Site, the Customer acknowledges and agrees that the entire content of the Site and the structure of the Site's content are protected by copyright and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media and with respect to all technologies, as existing now, and developed or created later. No rights to any content of the Site, including, but not limited to, audiovisual works, text and graphic materials, computer programs are transferred to the Customer as a result of using the Site and concluding this agreement.
11.3. When quoting materials from the Site, if this is provided by the functions of the Site, the Customer undertakes to indicate a link to the Site.
11.4. If the Customer violates the provisions of this contract regarding the protection of copyrights of the Performer, the latter has the right to demand compensation for all incurred damages, including lost profit.
12. Final provisions
12.1. This contract enters into force from the moment of acceptance by the Customer in accordance with clause 1.3. of the contract and is valid until the parties fulfill their obligations.
12.2. All disputes and disagreements between the parties are resolved through negotiations or in court in accordance with the current legislation of Ukraine at the place of registration of the Contractor.
12.3. Inaction on the part of the Contractor in case of violation by the Customer of the provisions of this contract does not deprive the Contractor of the right to take appropriate actions later to protect his interests and protect intellectual rights to the materials of the Site, which are protected in accordance with the law.
12.4. Recognition by a court of any provision of this contract as invalid or unenforceable does not entail the invalidity of its other provisions.