Elea Media GmbH , ( the Contractor), on the one side
and any person who has read the terms and conditions of this Public Offer Agreement and has accepted all of them ( the Customer ), on the other side ,
jointly hereinafter referred to as the Parties, and each separately as a Party, have entered into this Agreement for the provision of information and consulting services ( the Agreement ) as follows:
1. DEFINITIONS AND INTERPRETATION
1.1. The Parties agreed that for the purpose of this agreement and the legal relationship arising hereunder, the terms shall have the following meanings:
1.1.1. Agreement - this Agreement for the provision of information and consulting services with all annexes thereto.
1.1.2. Services - a set of information and consulting services that are provided by the Contractor to the Customer on the terms of this Agreement, namely:
- providing access to the courses in digital form;
- providing access to live online webinars and workshops;
- providing access to audio-video recordings of the online events and modules of the courses;
- online meetings in mini-groups;
- online support of personal tutor, group instructor, assigned manager;
- answers to questions and messages by email, in your personal account, using social networks.
The above list of Services is not exhaustive, the specific form and scope of the Services shall be selected by the Customer individually in each case.
1.1.3. Experts - individuals and / or legal entities who have special knowledge and expertise and independently or jointly with the Contractor, directly provide the Services to the Customer in accordance with the terms of this Agreement.
1.1.4. Offer Acceptance (Acceptance) - full and unconditional acceptance of the terms of the Agreement by performing the actions specified in clause 5.2 of this Agreement.
1.1.5. Personal Account - a particular section of the site https://yakovlev.plus
available to the Customer, which provides to the Customer access to the selected Services, and also contains mechanisms for remote communication of the Parties within the Agreement.
1.1.6. Online event is a set of Services, provided to the Customer by the Contractor, including online communications between the Customer, the Contractor and / or the Experts or Contractor’s instructors. Online Event may include various forms such as: webinars, online Questions and Answers sessions ( Q&A Session), workshops, lectures etc.
1.2. The Agreement may use terms that are not defined in clause 1.1. of this Agreement. Such terms shall be interpreted out in accordance with the text of the Agreement. In the absence of an unambiguous interpretation of the term in the text of the Agreement, when determining its meaning, one should be guided by the interpretation of the term defined: at first, by the legislation of the ian Germany; at second - on the Contractor's website and / or in the personal account; then - a commonly used meaning.
2. GENERAL TERMS AND CONDITIONS
2.1. This Agreement is entered into by the Customer’s full unconditional consent (Acceptance) to the terms of Agreement in full, without Parties’ exchange of printed copies of the Agreement.
2.2. This Agreement is legally binding in accordance with the provisions of the Civil Code of the Germany and has the same legal effect as if it was a written Agreement signed by the Parties.
2.3. The Customer confirms that they have read the terms of this Agreement and by way of Acceptance they have fully and unconditionally agreed with all the terms of this Agreement.
2.4. The Customer confirms that they were notified of inclusion (addition) of their personal data to the Contractor's database, and gives their unconditional consent to storage and processing of the Customer’s personal data to the extent necessary and with the purpose of the Parties payment transactions and provision of the Services.
2.5. Personal data are processed by the Contractor in compliance with the principles and rules of the Federal Law “On Personal Data”, taking into account the necessity to ensure the protection of personal data holders’ rights and freedoms, and the Customer hereby gives their express consent to storage and processing of their personal data for the purposes of performance of the rights and obligations under this Agreement.
3. SUBJECT MATTER
3.1 Under the terms and on the conditions of this Agreement, the Contractor shall provide the Services to the Customer, and the Customer shall pay for the Services in accordance with the terms of this Agreement.
4. PROCEDURE AND TERMS OF SERVICE PROVISION
4.1. The Contractor will provide the Services to the Customer using the technical features (functionality) of the Personal Account.
4.2. To ensure the provision of the Services, in addition to the Personal Account, the functionality of other means of communication, social networks, hardware and software, and the like can be used.
4.3. Services are provided by the Contractor in the manner and within the range of services selected and paid for by the Customer.
4.4. The Customer may get access to additional Services not provided for by this Agreement subject to prior payment for such services.
4.5. The Contractor sets a specific date and time for the provision Services, if such Services are included into live Online Events .
4.5.1. The date and time of the live Online Events are indicated on the Contractor's website, and are communicated to the Customer with use of the functionality of the Customer’s Personal Account and / or email.
4.5.2. In the event the Contractor alters the date and time of the live Online Events, the Contractor shall give the Customer at least two days prior written notice on the time and date of a re-scheduled live Online Event.
4.5.3. The duration of each live Online Event is determined by the Contractor and must correspond to the description of the general set of Services that are provided to the Customer under this Agreement.
4.5.4. If the Customer does not timely use a live Online Event, in full or in parts for reasons beyond the control of the Contractor, the Customer has no right to request the Contractor to provide repeated access to an identical live Online Event. In this case, the Services are considered to be provided properly.
4.5.5. Recording of a live Online Service in the form of a webinar shall be made available to the Customer via the Personal Account and / or e-mail within 24 hours after the end of the respective webinar.
5. PAYMENTS AND FEES
5.1. The fees for the sServices provided hereunder is calculated based on the specific set and range of Services selected by the Customer.
5.2. The Customer shall pay 100% (one hundred percent) of the fees for the selected Services in advance; payment in full for the selected Services shall constitute the acceptance by the Customers of the terms of this Public Offer Agreement in their entirety.
5.3. Payment shall be made by the Customer by way of transfer of funds via the payment service, active link to which is posted on the Contractor’s website.
5.4. The Сustomer may make payment under this Agreement in any convenient manner, not prohibited by the applicable laws of the Germany.
5.5. Confirmation of payment by the Customer of this Agreement is any payment document or receipt, which confirms the payment of funds in consideration for the Services provided under this Agreement.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1 The Customer has the right to:
6.1.1 Request the Contractor and Contractor’s subcontractors and Experts to act in a polite and respectful manner.
6.1.2 Receive the Services on the terms and in the manner set out in this Agreement.
6.1.3 Order and receive additional Services (subject to additional payment for the same).
6.1.4 Receive clarification regarding the terms of this Agreement, the details of specific Services and the procedure for use of the Services.
6.1.5 Pre-trial settlement of disputes that may arise between the Parties in the course of performance of this Agreement by means of amicable negotiations.
6.1.6 Request the Contractor to duly perform their obligations under this Agreement.
6.1.7 Enjoy other rights provided for by this Agreement and / or the laws of the Germany.
6.2 The Customer undertakes to:
6.2.1 Pay for the Services under this Agreement.
6.2.2 Provide to the Contractor an email address and other data necessary for giving the Customer access to their Personal Account.
6.2.3. Meet the minimum technical requirements with respect to personal devices required for use of the Services (a technical device with access to the Internet, an email account, video and audio communications, etc.).
6.2.4. Check the emails from the Contractor and updates in the Personal Account for timely familiarization with the Contractor's messages on the Services provision.
6.2.5 Use the Services personally, exclusively for their own purposes; do not copy, distribute, modify, provide access to the Personal Account and to the Services to any third parties.
6.2.6. Maintain the generally acceptable norms of behavior, in particular, treat the Contractor, their subcontractors, the Experts and third parties with respect during use of the Services.
6.2.7. Do not harm the software components of the Personal Account, other Contractor’s and third parties Personal Accounts and devices.
6.2.8. Indemnify the Contractor for the damage caused by the Customer’s breach of obligations stated in the clauses 6.2.5, 6.2.6 and / or 6.2.7 herein.
6.2.9. Comply with terms of this Agreement.
6.3 The Contractor has the right to:
6.3.1. Expand the scope of the Services without Customer’s consent.
6.3.2. Elect and engage the Experts to participate in the provision of the Services at the Contractor’s discretion.
6.3.3. Select and provide technical and software equipment to ensure the provision of the Services at its sole discretion.
6.3.4. Early terminate the provision of the Services to the Customer in the event of a violation by the latter of clauses 6.2.5, 6.2.6. and / or 6.2.7 of the Agreement without any refund to the Customer.
6.3.5. Demand and receive from the Customer compensation for losses caused by violation by the Customer of clauses 6.2.5, 6.2.6. and / or 6.2.7 of the Agreement.
6.3.6. Demand the Customer to duly perform their obligations under this Agreement.
6.3.7. Enjoy other rights provided for by this Agreement and / or the applicable laws of the Germany.
6.4 The Contractor undertakes to:
6.4.1 Provide the Services in accordance with the terms of this Agreement.
6.4.2. Give to the Customer access to the Personal Account in a timely manner.
6.4.3 Provide additional Services to the Customer (for an additional fee).
6.4.4 Ensure proper and timely selection of Experts, technical and software equipment to provide the Customer with the Services of good quality.
6.4.5 Comply with terms of this Agreement.
7. SERVICES ARE PROVIDED AS IS
7.1. The Customer acknowledges that in the course of the provision of the Services, the Contractor and/or the Experts and instructors may show to the Customer and share psychological self-help and consciousness techniques for self-practice. However, the Contractor's Services are not, and under no condition may be considered or used as a substitute for counseling, individual or group psychotherapy, or other professional advice by medical, psychological or other qualified professionals
7.2. The Customer acknowledges and agrees that the Services provided by the Contractor are not and may not be deemed as a substitute for counseling, individual or group psychotherapy.
7.3. The Contractor is not responsible for any difference between the Customer’s expectations with respect to the Services and the Services that were actually provided and / or for Customer’s a assessment of the completeness or quality of the Services for the Customer; such non-compliance with expectations and / or negative assessment are not grounds for considering the Services provided to be incomplete or of poor quality.
7.4. Customer acknowledges and agrees that the Contractor is not responsible for any actions or inaction of the Customer , or for any direct or indirect result of any services provided by the Contractor.
7.5. By paying for the Services hereunder, the Customer agrees with the terms and conditions of this Agreement and acknowledges and confirms that the Customer that they are not entitled to demand from the Contractor any compensation for moral, or material damages, whether direct or indirect that result from use of the Site and the Services both within the term of this Agreement and following its termination, with the exception of cases directly provided for by law.
8. LIABILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
8.1 Any disputes that may arise out of or in connection with this Agreement shall be resolved by amicable negotiations between the Parties.
8.2 If the dispute is not resolved through negotiations, it shall be submitted to the competent court of the Germany in accordance with the applicable law.
8.3 The Parties shall be liable for non-performance or undue performance of their obligations under this Agreement in accordance with the applicable law.
8.4 A Party is not liable for non-performance or undue performance of their obligations if such a violation happened through no fault of theirs.
8.5 A Party is not liable for violation of its obligations under this Agreement if it proves that it has taken all possible measures to properly perform its obligations under this Agreement.
9.1. If the Customer within 14 calendar days from the date of entering into this Agreement by way of effecting payment requests the Contractor to refund the paid amount in full, except for applicable taxes and fees.
9.2. Clause 9.1. The Agreement can be applied only if the Customer used no more than 10% of the total volume of paid Services.
9.3. The refund shall be made within 30 days from the date when the Contractor has notified the Customer on eligibility for refund.
10. FORCE MAJEURE
10.1 Neither Party will be liable for any failure or delay in the performance of its obligations hereunder to the extent caused by a condition that is beyond a party’s reasonable control (event of force majeure).
10.2 The Parties have agreed that, the following events and circumstances shall be deemed the events of force-majeure: natural disasters; epidemics; wars; armed conflicts; fire in buildings (or in their parts) where the Contractor's equipment used for the provision of the Services is located; decisions of state authorities that interfere or make it impossible for the Contractor to properly provide the Services in accordance with the terms of this Agreement and / or significantly worsen the position of the Contractor in comparison with the situation that existed at the time of the conclusion of the Agreement; accidents in power supply systems, if happened not through the fault of the Contractor; other circumstances beyond a Party’s reasonable control that significantly affect the ability of a Party perform their obligations under this Agreement.
10.3 The Party which fails to perform its obligations hereunder must notify in writing the other Party on the occurrence of the event of force majeure and its termination not later than (three) days from the date of the occurrence or termination of an event of force majeure.
11. TERM OF THE AGREEMENT. AMENDMENT AND TERMINATION
11.1. This Agreement is considered concluded and becomes effective from the date when the funds paid by the Customer for the Services are credited to the Contractor’s bank account.
11.2. This Agreement may be unilaterally terminated by the Contractor only in the following cases:
- posting or transmitting by the Customer of any unlawful, abusive, threatening, libelous, defamatory, offensive information of any kind with respect to the Contractor or any third parties, or such information that would constitute criminal offense, give rise to civil liability or otherwise would violate any local, national or international law;
- posting or transmitting by the Customer of information that is erotic, obscene, vulgar, pornographic or indecent;
- posting or transmitting by the Customer of information that violates or infringes the rights of the others, including materials that violate the privacy or publicity rights or that is protected by copyright, trademark or other proprietary rights without the permission of the owner or rights holder;
- distribution by the Customer of information that contains viruses, malware, troyans or other harmful components;
- spamming and sending unsolicited emails of any nature.
11.3. This Agreement may be unilaterally terminated by the Customer only in the case stipulated in the Article 8 of the Agreement.
11.4. The Agreement remains in effect until the Parties have fully performed their obligations hereunder.
12. AMENDMENT AND WITHDRAWAL OF THE PUBLIC OFFER
12.1. The Contractor reserves the right to amend the terms of this Public Offer or withdraw it at any time at their sole discretion.
12.2. In the event that the Contractor amends the Offer, such amendments come into force from the date when the new version of the Offer is posted on the Contractor's site, unless another date for the entry into force of the changes is indicated in a new version of the Public Offer.CONTRACTOR:
Elea Media GmbH