USER AGREEMENT
on the provision of educational and other services in the online format
Moscow city
January 9, 2022
IE Tyutyunik Valentina Ilinichna (TIN 771991016620), hereinafter referred to as the "Contractor", invites the interested person, hereinafter referred to as the "Customer", and together referred to as the "Parties", to conclude an offer for the provision of educational services in an online format.
TERMS AND DEFINITIONS USED IN THIS OFFER AGREEMENT:
Educational services (hereinafter referred to as the "Services") - an online service in the form of a live broadcast, webinar, course, seminar, lecture, master class, marathon, intensive, organized live on the Internet or provided to the Customer in recording. Services can also be as consultations / broadcasts / training / testing in messengers, or provided in the form of teaching materials, manuals, books, guides, checklists, audio recordings.
E-mail / e-mail of the Customer - the email address specified by the Customer in the application for participation in the Training Course.
Customer - an individual or legal entity receiving paid services in the form of gaining access to the Services under the terms of this offer agreement. The customer can only be an individual who has reached the age of 18 (eighteen) years old, accepting the terms of this offer, having full legal capacity, having his own e-mail address or mobile phone number, access to which is at his disposal.
Consultation is an information service or information product provided by the Administrator (engaged by a third party) on the basis of a paid application from the Customer, and provided to the Customer on terms of individual limited access.
Acceptance - full and unconditional acceptance by the Customer of the terms of this Agreement, made by paying for services on the website https://astrologvilner.ru/, and its subdomains, in the manner and under the conditions established by this Offer Agreement.
Site - a set of data available for viewing on the Internet at https://astrologvilner.ru/ and its subdomains, providing functionality for the Customer to access the received Services, information materials, interact with information products, as well as to form applications for the provision of Consultations and receiving such Consultations.
1. GENERAL PROVISIONS AND LEGAL BASIS OF THE OFFER AGREEMENT
1.1. An offer agreement is an official proposal of the Contractor (offer) to conclude an agreement for the provision of paid access to the Services and is published on the global computer Internet on the Contractor's website: https://astrologvilner.ru/ and its subdomains.
1.2. In accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation, in case of acceptance of the conditions set out below and payment for services, an individual who accepts this Offer becomes a Customer.
1.3. Full and unconditional acceptance of this public offer is the Customer's payment for the Services in accordance with Section 3 of this Agreement (Article 438 of the Civil Code of the Russian Federation).
1.4. In accordance with clause 3 of article 438 of the Civil Code of the Russian Federation, the acceptance of this offer is tantamount to concluding an Agreement on the conditions set forth in it.
1.5. By accepting the Offer Agreement in the manner specified in clause 1.4 of the Offer Agreement, the Customer guarantees that he is familiar with, agrees, fully and unconditionally accepts all the terms of the Offer Agreement in the form in which they are set forth in the text of the Offer Agreement.
1.6. The Contractor has the right to amend the terms of the Offer Agreement at any time.
1.7. Changes to the terms of the Offer Agreement take effect from the moment they are published on the Site.
1.8. The offer agreement cannot be revoked.
1.9. The offer agreement does not require seals and / or signing by the Customer and the Contractor, while maintaining full legal force.
1.10. By accepting this offer, the Customer confirms that he has access to the Internet and is able to study online, including the ability to receive Services online.
1.11. The customer undertakes to carefully read the text of this offer and, if he does not agree with any point, then the Contractor proposes to refuse any actions necessary for acceptance or conclude a personal agreement on conditions discussed separately with the Contractor.
2. Subject of the Agreement
2.1. The subject of this Offer is the provision of paid services to the Customer at a price selected by the Customer and on a topic chosen by the Customer, which the Customer undertakes to accept and pay in the manner prescribed by this Agreement.
3. Conditions and procedure for the provision of Services
3.1. Services at the tariff chosen by the Customer and on the topic chosen by the Customer are provided by the Contractor, subject to their 100% (One hundred percent) prepayment by the Customer. A different payment procedure is possible in accordance with the terms of the promotion (special offer), as well as in cases additionally agreed with the Contractor.
3.1.1. The Customer makes the specified and fixed prepayment amount, after which the Contractor provides the Customer with access to the preparatory materials for a specific Service or provides a Consultation. After paying for the relevant Service in full, the Contractor provides the Customer with access to the materials for the paid Service. Depending on the Service chosen by the Customer, access to the materials can be provided to the Customer immediately after payment or in stages, which is directly indicated in the description of the Service or Consultation. In the event that access to the materials is provided by the e-mail of the Customer, and the Customer at the time of payment incorrectly indicated his e-mail, the risk of not receiving the Service falls on the Customer, and the Service is considered to be provided in full and in due time.
3.1.2. In the event that this is provided for in the description of the Service or Consultation, the Contractor asks for the information necessary for the Contractor to provide the Service / Consultation. If the data provided by the Customer is insufficient to provide the Consultation, the Customer is sent a request to receive the missing information from him. The volume of the Contractor's responses is not regulated.
3.1.3. The Contractor reserves the right to leave unanswered the Customer's applications, which are made outside the scope of the Consultation, indicated in the form of a questionnaire or agreed with the Customer. In this case, the Contractor sends the Customer an appropriate notification, after receiving which the Customer has the right to send the Contractor an adjusted application for a new response corresponding to the stated subject of the Consultation.
3.2. Payment for the services of the Contractor is carried out:
- by paying through the Robokassa service;
- in other ways by prior agreement with the Contractor.
3.2.1. In case of making a payment using a bank card, the Customer is recommended to use a bank card issued in the name of the Customer. In case of a refund of paid funds, the refund is made according to the same details for which the payment was received, and on the basis of a personal application of the person in whose name the bank card was issued in accordance with the terms of clause 5.4. actual agreement.
3.2.2. In case of non-payment of the cost of the Services in due time, in case of untimely provision of data for registration of the application, or in case of indicating inaccurate data when filling out the application, this Agreement is not considered concluded.
3.3. This Agreement is an act on the provision of services. The services are considered rendered from the moment of obtaining access to the materials of the Service / sending the Consultation to the Customer.
3.4. The contract is considered concluded and enters into force for the Parties from the moment of full payment for the services by the Customer.
3.5. The Customer's obligation to pay is considered fulfilled from the moment the funds are credited to the account of the Contractor.
3.6. The Contractor undertakes to provide the Customer with the Consultation within 2 months from the date of receipt from the Customer of all the data necessary for the provision of the Consultation. If the Customer provides incorrect or inaccurate data for drawing up a horoscope (date, time, place of birth), the term for the provision of the service may be increased to 2.5 months.
3.7. If the Customer does not receive the Services in a timely manner through his own fault or his own will, the Services are considered to be provided properly. If the Customer has not taken part in the webinar in real time, the paid money will not be refunded, but the Customer is given the opportunity to access the recording of the webinar, unless otherwise agreed on the subdomain of the site https://astrologvilner.ru/, which contains a description of the service and special conditions for its provision.
3.8. The Contractor has the right to include the Customer in the mailing list for the subsequent distribution of materials on the Services provided or for the distribution of other information materials.
3.9. The customer does not have the right to transfer to third parties his access to the materials provided by the Contractor. In case of violation of this clause of this agreement, the Contractor has the right to deny the Customer access to the already paid Services without refunding the previously paid funds.
3.10. The customer agrees that the Contractor provides access to services or digital products as is, and has no right to demand additional revision of the service or product paid for by him, as well as its individual components, information materials, as well as changes in the rules for the provision of services or access to the products described the provisions of this Agreement.
3.11. The conditions for the provision of the Services may also be communicated by the Contractor to the Customer by sending a corresponding notification to the contact e-mail and / or SMS messages to the contact phone number of the Customer, in messengers, while the Customer is obliged to independently and in advance check the receipt of the notification emanating from the Contractor.
3.12. The Contractor has the right to involve third parties in the provision of the Services without the prior consent of the Customer. The involved third parties are selected at the discretion of the Contractor.
3.13. If the Customer does not receive the Service / Consultation in a timely manner through his own fault or his own will, the service is considered to be provided properly.
3.14. The term of access to each specific educational Service is different, depends on the tariff chosen by the Customer, and is indicated directly in the description of the Service on the Site.
3.15. The Contractor has the right to refuse Consultations on topics that go beyond his competence or contradict the generally accepted principles of morality and ethics, as well as contradict the provisions of this Offer.
4. Special conditions
4.1. The information transmitted as part of the provision of the Services is the intellectual property of the Contractor and is subject to protection in accordance with the legislation of the Russian Federation. Distribution of information obtained within the framework of the Services for commercial purposes is unacceptable. The Customer undertakes not to copy the records of the Services and not to provide it to third parties or post it in the public domain on other sites. The Customer is prohibited from distributing, publishing, posting on the Internet, copying, transferring or selling to third parties, recording, downloading, making screenshots and photographs of audio-visual works and other content provided as part of the provision of the Services under this Agreement. The customer is prohibited from saving and transferring to third parties the correspondence of other course participants, information and any materials received under this Agreement, create information products on their basis, as well as use this information in any other way, except for personal use under this Agreement ...
In case of violation of such an obligation, the Contractor has the right to demand from the Customer compensation for losses incurred, as well as compensation for lost profits in accordance with the current legislation of the Russian Federation, as well as a fine of 300,000 rubles.
4.2. In accordance with the requirements of the Federal Law of July 27, 2006 No. 152 - FZ "On Personal Data", the Customer (subject of personal data), accepting the terms of this Offer Agreement, agrees to the processing of all his personal data provided to the Contractor, as well as to their transfer persons with whom the Contractor has a contractual relationship to fulfill the terms of this Offer Agreement and provide services to the Customer. The processing of the Customer's personal data is carried out in accordance with the legislation of the Russian Federation, as well as in accordance with the Privacy Policy, which is the local documents of the Contractor.
4.3. The Contractor has the right to immediately terminate the provision of services without refunding funds, in case of aggression or disrespectful attitude towards the Contractor or other Customers on the part of the Customer, in the case of the use of profanity and aggression, as well as in cases of inciting ethnic conflicts, distracting other participants from receiving Services, spamming, advertising. The Customer hereby confirms that the prepaid cost of services in the cases specified in this clause is recognized by the Parties as a forfeit for violation by the Customer of the terms of the Agreement and is not returned to the Customer.
4.4. All personal data is processed by the Contractor in accordance with the requirements of Federal Law 152-FZ "On Personal Data" and in accordance with the Privacy Policy posted on the Website at the link: http://astrologvalentinavilner.tilda.ws/politics
4.5. The Contractor undertakes to preserve and not disclose confidential information that has become known to him from the Customer when providing Services under this Agreement.
5. Responsibility of the parties
5.1. In the absence of the technical ability to conduct the Service in real time (webinar / live broadcast / broadcast), by the Contractor, for reasons beyond the Contractor's control: problems with the Internet connection, failures in the operation of the partner's technical platform, power outages, the Contractor undertakes to conduct webinar / live broadcast / broadcast at another time and, if the Customer is unable to participate at another time, provide him with a recording.
5.2. The Contractor is not responsible for the impossibility of servicing the Customer for reasons related to the disruption of the Internet channel, equipment or software by the Customer.
5.3. For non-fulfillment or improper fulfillment of obligations under this public offer, the Parties shall be liable in accordance with the current legislation of the Russian Federation.
5.4. The Customer undertakes to send claims, inquiries, suggestions, etc. by means of electronic correspondence from the email address specified during registration on the website by the Contractor's e-mail tutunikv@yandex.ru. Correspondence in social networks will not be considered complete on behalf of the Customer. The claim is deemed to have been received by the Contractor, provided that the Customer submits a scan of the passport, a signed and scanned claim and documents confirming the fact of payment for the Services. An application for a refund is accepted subject to the provision of the above documents by the Customer, and also subject to the provision of bank details for the return.
5.5. The Customer undertakes to send to the Contractor all claims regarding the quality of the educational services provided, within a period not exceeding 1 (one) day from the date of obtaining access to the materials provided, by e-mail tutunikv@yandex.ru.
In the event that claims are not received by the Contractor, the Services are considered to be rendered properly and in full.
5.6. The Contractor is not responsible for incorrect (inaccurate) information specified by the Customer during registration or when paying for services.
5.7. The Contractor undertakes to return to the Customer the money paid for the Services at the written request of the Customer. The Contractor accepts requests for the return of funds paid by the Customer for the Service provided in real time no later than 24 hours before the start of the corresponding webinar / live broadcast / broadcast; for the Consultation, provided in writing, no later than 31 business days before the end of the contractual term for the performance of the Service.
5.8. The Contractor accepts requests for the return of funds paid by the Customer for the Service in the form of a course / marathon / other formats provided in the record until the Customer receives the materials. In the event that the materials are received by the Customer, no return is made.
5.9. The Contractor is not responsible for the inadequate quality of the provision of the Services if the improper performance was the result of inaccuracy, inadequacy or untimely information provided by the Customer, as well as due to other violations of the terms of this Agreement by the Customer.
5.10. The Contractor is not responsible for the failure of the provided service to meet the expectations of the Customer and / or for his subjective assessment. Such a discrepancy with expectations and / or a negative subjective assessment are not grounds for considering the services rendered poorly, or not in the agreed volume.
5.13. In case of cancellation of the Services, the Customer is obliged to reimburse the actual expenses of the Contractor, including all commissions of payment systems charged when transferring funds to the Contractor's account and from the Contractor's account to the Customer.
5.14. Consultations cannot contain, and the Customer cannot receive through the Consultations information of the following nature:
1) assistance in the treatment of mental and physiological diseases, including those related to medical treatment and the provision of recommendations;
2) assistance in difficult psychological situations (illness / death of loved ones, suicidal / depressive conditions, mental disorders, post-traumatic stress disorder, disorders associated with the use of psychoactive substances);
3) assistance in situations containing a criminal component, or in situations related to criminal activities and issues within the competence of law enforcement agencies;
4) assistance in situations related to financial risks;
5) assistance in conducting extrasensory search activities;
6) assistance in other situations not related to the subject of this Agreement.
6. Duration and amendment of the Offer Agreement
6.1. The contract is considered concluded from the moment the Customer's funds are received as payment in full for the selected training program / Consultation for the settlement Contractor and is valid until the Parties fulfill their obligations.
6.2. All disputes and disagreements are resolved through negotiations between the Parties. The Party that received the claim considers within 15 calendar days from the date of its receipt and informs the other Party in writing of its decision regarding the requirements set forth in the claim
6.3. All issues not regulated by this Offer Agreement are resolved at the Contractor's place of residence - in the Izmailovsky District Court of Moscow.
6.4. The Parties acknowledge that if any of the provisions of the Offer Agreement becomes invalid during its validity period due to changes in legislation, the remaining provisions of the Offer Agreement are binding on the Parties during the term of the Offer Agreement.
6.5. Independent termination of training by the Customer is the basis for termination of the contract concluded with him. The amount paid for the services is not refundable.
6.6. In all other respects that are not provided for by this Offer Agreement, the Parties are guided by the current legislation of the Russian Federation.
7. Disclaimer of Responsibility for Obtaining the Result
7.1. All statements of obtaining results, as well as examples of obtaining high-quality results that can be posted on the Site, are only a predicted estimate of possible results and do not guarantee its receipt.
7.2. User reviews provided on the Site are individual achievements / results of individuals. These results are not typical or guaranteed. The results of the Customer will depend on the decisions and actions of the Customer.
7.3. Considering the expected result to be guaranteed, the Customer also assumes the risk of not receiving it.
7.4. When specifying a specific example of a positive result in relation to a specific person, this does not guarantee that the Customer will receive a similar result.
7.5. Any statements and representations posted by the Site regarding obtaining a possible result are not considered a mandatory result for every person.
7.6. Getting the result depends on many factors. The Contractor does not have information about how effectively the Customer will use the information given by the Contractor in the future, as well as the information concerning the Customer personally, the Customer's personal data, the ethical principles used, and does not guarantee the resulting probability of receiving any large, small, or any results.
7.7. All products and Services of the Contractor are intended solely for educational or informational purposes.
7.8. The customer must rely on his own common sense and rely on his own strength when making decisions regarding relationships with other people, his actions. The information presented on the Site, materials provided as part of the provision of the Service are subject to careful analysis and evaluation before deciding on relationships with other people, making their decisions, about their compliance with reality.
7.9. By accepting the terms of this Offer Agreement, the Customer agrees that the Contractor is not responsible for the correctness or erroneousness of the decisions made by the Customer in relation to anything, regarding any information received during the provision of the Services by the Contractor.
7.10. The Contractor is not responsible for the result of using or the usefulness of the Consultations and other services provided.
7.11. The Contractor is not responsible for damage caused to the Customer as a result of his improper use of the result of the services provided.
8. Requisites:
INDIVIDUAL ENTREPRENEUR TYUTYUNIK VALENTINA ILYINICHNA
INN: 771991016620
ORGNIP: 320774600533110
Phone: +7 925 999 26 47
e-mail: tutunikv@yandex.ru
Bank details:
account 40802810606010000413
to the Branch "CENTRAL" of VTB Bank PJSC G. MOSCOW
BIK 044525411
Correspondent account 3010181014525000041