Public Offer Agreement
Tavistock, United Kingdom
NEXT EDUCATION GROUP LIMITED, hereinafter referred to as the Company, which is duly registered in accordance with the laws of the United Kingdom, offers an unlimited number of persons to conclude a terms-of-use agreement for the use of the Website on the conditions specified below:
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1. Terminology and Abbreviations
1.1. The terminology used in this Agreement means the following:
1.1.1. Authorization – the process of analysis by the software part of the Website of the Authentication data entered by the User or the Organizer, the results of which determine the availability of the right to access the Personal Page and Website Services;
1.1.2. Acceptance – complete and unconditional acceptance of the Offer by performing registration actions on the Website;
1.1.3. Authentication data – a unique User ID, which is used to access the Personal page. Authentication data includes the User's login password, email addresses;
1.1.4. Website – a set of software and hardware with a unique address on the Internet in the domain zone https://l-a-b-a.com/ together with information resources in certain text, graphic or or sound forms, which are at the disposal of the Company and provide access for legal entities and natural persons to these information resources and other information services via the Internet;
1.1.5. Access to the event – an email generated by the company, including, but not exclusively, as directed by the Organizer, containing the details of access to a specific Event (URL, access code), which grants the User the right to participate in the Event chosen by him. Access to the event is also possible through the use of the User's Personal Page;
1.1.6. Internet page (HTML page) – a page of the Website, a set of information materials integrated by hardware and software, including text and graphic materials, intended for for publishing data on the Internet as an integral part of the Website;
1.1.7. Legislation – the provisions of current UK legislation that apply to this Agreement;
1.1.8. Event – discipline-related trainings, seminars, conferences, master classes in the format of a webinar or online consulting and other remote events of a similar kind that are arranged by the Organizer using the Website services;
1.1.9. Application – the User's will to participate in a specific Event, executed using the the Website, in the manner prescribed by the Offer;
1.1.10. Website content – the results of intellectual activity and means of identification equated to them, including the following ones: literary works, texts, lectures, presentations, speeches, computer programs, programs and apps for cell phones, audiovisual works (video courses, infographics, soundtracks, images, trademarks and service marks, business names trade names, logos, hypertext links, their fragments, information, widgets and other objects, posted on the Website);
1.1.11. Event content – all information, which makes up the content of a session of a separate Event, including live streams, data files, texts, computer software, sound files, photo, video and other images, including newly formed ones using the Website;
1.1.12. User – a person who has accepted the Offer contained in this public offer agreement and gains access to the information posted on the Website. The User shall bear all risks associated with the use of his account by any person who did not have the authority to do so and for the consequences of such use;
1.1.13. Unauthorized access – use of User’s Authentication data by a third party;
1.1.14. User account – Authentication data and personal data of the User stored on the Website servers;
1.1.15. Organizer – a natural person, an individual entrepreneur or a legal entity, which is an agent and/or licensee of the Company. It carries out activities to attract users to participate in the Event, including the right to accept payments for participation in the Event;
1.1.16. Personal page – an Internet page, which is created using the software features of the Website as a result of the User receiving an account containing Personal Data;
1.1.17. Personal data – verifiable, complete and up-to-date information, which allows the Company to carry out the User authorization procedure. It is posted by the User on his Personal page voluntarily and free of charge. This information is provided by the User during the registration procedure on the Website. It may contain name, login, e-mail address and other information that the User considers necessary to provide about himself. The storage of personal data is carried out with the objective of ensuing the possibility of authorization on the Website. The procedure for storing data is provided for by the Police of privacy and processing of personal data;
1.1.18. Offer – this public offer agreement, which is concluded between the Company and the User by joining the user to the agreement suggested by the Company as a whole, and contains the terms of use of the Website;
1.1.19. Payment system – a payment institution, participants of the payment system and a set of relations, arising between them when transferring funds from Users to the account of the Company/Organizer for Events that are available for purchase on the Website.
1.1.20. User registration – the procedure established by the Company and the result of entering their personal data and/or other information about the user into the database of registered Users with the purpose of user identification. During the registration process, the User is suggested to complete a form, where the latter shall indicate the Authentication and Personal data on the basis of which the Company provides the User with access to the User's Personal page on the Website, and subsequently access to specific Events. Based on the results of registration, a User Account is created on the Website and the User is given a unique number (ID number) of the Personal page;
1.1.21. Lecturer - natural person, individual entrepreneur or legal entity, who is the author of the Event and the person responsible for holding the Event;
1.1.22. Website Services – Website functionalities that are intended for use by visitors.
1.2. The titles/sections in this Agreement are indicated for convenience only and do not affect the interpretation of this Agreement.
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2. Subject of an Agreement
2.1. This Agreement is an official public offering (offer) and contains all the essential conditions for the Company to provide all interested parties with services to provide access to the Website services.
2.2. The Company, in the manner and in terms stipulated by this Offer, shall provide the User with the opportunity to use the Website, and the User undertakes to use the Website in accordance with the terms of this Offer.
2.3. The Company's Website is a platform for posting Events. Unless otherwise expressly provided by this Agreement or the terms of participation in a specific Event, the Company is not the person, responsible for holding the Events. All obligations regarding the execution of Events, the provision of paid services arise between the User and the Lecturer and/or third parties. Unless otherwise expressly provided by this Agreement or the terms of participation in a specific Event, the Company shall not be responsible for the validity and possibility of fulfilling these obligations. The Lecturer is solely responsible for the validity and the possibility of fulfilling obligations regarding the execution of Events, as well as for the Content of these Events.
2.4. The fact of User registration on the Website is a complete and unconditional acceptance of the terms of this Offer.
2.5. The schedule, number and duration of the Events published on the Website, as well as the cost of the Events and other significant circumstances for the Events may be published on the Website in real-time mode.
2.6. The Company, in relations with the Users, acts on its own behalf, but by the order of the Lecturer, providing technical support in the implementation of Access to the Events by the Users on the terms stipulated by the relevant agreements between the Company and the Lecturer.
2.7. The User shall agree that the terms of this Offer may be changed by the Company in the future by posting the current version of this Offer on the Website. If the User does not agree with the new (modified) terms of the Offer, the Company reserves the right to block or cancel the User Account.
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3. User Registration on the Website
3.1. The provision of the Service to the User is possible provided that the User completes the registration procedure on the Website (the User creates an appropriate account (registration account). The account (registration account) shall contain the User's login (nickname (fictitious name) or Username), his e-mail address and password.
3.2. User registration on the Website is free of charge and voluntary.
3.3. The User shall fully understand the terms of this Agreement before registering on the Website. User registration on the Website means the complete and unconditional acceptance of the terms of this Agreement by the User.
3.4. Account registration is carried out by completing the registration form. In the registration form, the User shall specify a nickname or real name, a valid e-mail address, and password. Upon completing this form, the Company will send an e-mail containing a link to the specified e-mail address, by clicking on which the User will confirm the registration. These actions are essential for registration. The Company may also provide for the technical possibility of registering the User using his current account (profile) on one of the social media, in the manner indicated on the Website during the registration procedure.
3.5. Upon the successful User registration on the Website, the Company assumes the rights and obligations to the User specified in this Agreement. The login (name, nickname) and password that are specified by the User are necessary and sufficient information for the User to access his Personal page on the Website.
3.6. The User does not have the right to transfer his login and password to third parties and is fully responsible for their security by independently choosing the method of their storage. Unless the User proves otherwise, actions performed using his login and password shall be considered to be performed by the User with all the consequences that follow this.
3.7. The User is responsible for keeping his password confidential. In case if the User detects facts of unauthorized access to his account, he undertakes to notify the Company about this circumstance as soon as possible.
3.8. The Company never requires the User to provide any number or pin code of his bank card. In case of such requests (on the Website or in the form of e-mail messages), the User shall immediately stop using the Website and notify the Company about this.
3.9. The Company never sends e-mail queries to the User with a request to indicate, confirm or in any other way to inform the Company or the Organizer of the password specified by the User during registration. The password is stored in encrypted form on the Website.
3.10. In case if the User loses the Authentication data for accessing the Website, or if it is necessary to change the nickname or e-mail address specified by the User during registration, re-notifying the User of the lost data and/or changing the nickname or e-mail address may be carried out personally by the User using the services of the Website. This can also be done by the Company upon the written request of the User with the indication of full name, nickname and/or ID number of the User, also providing, at the request of the Company, a copy of the payment document certifying that the User has paid for participation in the Event (payment order, receipt, etc.). The fact of lost data shall be reported to the User at the email address specified by the User during registration or in the User's request. The Company itself will do its best to provide the User with access to his Personal data upon request, the opportunity to correct them (if they are incorrect) and if necessary, to delete such data.
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4. User Rights and Obligations
4.1. User Rights:
4.1.1. The User has the right to use the Website, in particular, by obtaining information about the Event posted on the Website, as well as by obtaining the opportunity to participate in the Events by completing an Application, performing the actions provided by the Company and/or the Organizer and gaining Access to the Event.
4.1.2. The User has the right to use the Website in another way provided by the Company.
4.1.3. The User has the right to withdraw from participating in the Events after completing and payment for the Application only in the case of a reasonable (good) reason for such refusal, no later than the start of the third lesson. In such case, the Company/Organizer shall make a repayment of the funds paid by the User.
4.1.4. User-natural person makes use of all the rights of a consumer in accordance with the current Legislation governing such relations.
4.2. User Obligations:
4.2.1. The User is obliged to provide verifiable information about himself while creating an account (registration) on the Website.
4.2.2. The User undertakes not to reproduce, repeat, copy, sell, or use the information and materials that have become available to him on the Website for any purpose, except for his personal use.
4.2.3. The User is obliged to maintain his own equipment and communication channels that provide him with access to the Website, to enter the Website under his account at a time from only one device (personal computer, tablet, etc.) in good technical condition. The Company shall not be responsible for failure to provide access to the Website and/or to individual services of the Website for reasons beyond the control of the Company.
4.2.4. The User undertakes to read and understand the current edition of this Agreement each time he visits the Website before he starts using the Website services.
4.2.5. In case of any questions regarding the methods and terms of payment for participating in the Event, the User undertakes to read and understand such methods and terms of payment through communications with the employees of the Company/Organizer before submitting the Application.
4.2.6. The User undertakes to read and understand the content, conditions of registration and the procedure for holding the Events, as well as with additional requirements imposed by the Company/Organizer/Lecturer for completing the Application. In case if the User does not fully understand any conditions for holding the Events, including the payment method, the User undertakes to clarify these conditions, and if it is impossible to clarify them, refuse to complete the Application and participate in the Events.
4.2.7. The User undertakes to pay the cost of participation in the Event in full independently or through the third parties. After such payment, the User has the right to participate in Events or use another service provided by the Lecturer.
4.2.8. If the User does not agree with this Agreement or the changes made to it by the Company, the User shall refuse to use the Website, informing the Company about it.
4.3. While using the Website the User has no right to:
4.3.1. Post on the Website and/or forward anywhere through/using the Website (upload, store, post, distribute, provide access to or otherwise use any information, including links to it) any materials of the following nature:
(I) violating the current Legislation, norms of international law or the laws of foreign countries; containing threats, slander or abuse; discrediting other persons, violating the rights of citizens to private life or public policy; that are obscene or contain obscene language, pornographic images and texts or scenes of a sexual nature, violence, both with the involvement of minors and without it; containing scenes of cruelty to animals; containing a description of the means and methods of suicide, any incitement to commit it or to commit acts that pose a threat to life and (or) health, including causing harm to one's health;
(II) violating to some extent the honor and dignity and business reputation, the rights and legally protected interests of other persons, including the rights of minors;
(III) contributing to or containing appeals to stirring religious, racial or interethnic (ethnic) hatred, containing attempts to incite hatred or calls for violence, promoting fascism or the ideology of racial superiority, other social pathologies;
(IV) containing extremist materials that promote criminal activity or contain advice, instructions or guidelines on committing criminal actions;
(V) containing information of restricted access, including, but not limited to, state and commercial secrets, information about the private lives of third parties;
(VI) containing advertising or describing the attraction of drug use, including "digital drugs" (sound files that affect the human brain as a result of "binaural beats"), information on the distribution of drugs, recipes for their manufacture and tips for their consumption;
(VII) are fraudulent;
(VIII) other materials containing negative information that can harm the health and/or child development;
(IX) other materials that incite other persons to illegal behavior, which entails criminal, administrative, civil and other liability or in any way violates the provisions of the current legislation. Any actions of the User that, according to the Company, restrict the rights of another User or shall not be implemented.
4.3.2. Post materials that are advertising of any goods or services on the Website and forward them through/using the Website without obtaining the prior express consent of the Company.
4.3.3. Upload, post or otherwise use the Website for disclosing any material, which is subject to protection under the Intellectual property legislation, personal information and other materials protected by legislation without obtaining the express permission of the owner of the rights to the object. In such case the obligation to prove that posting of materials on the Website by the User does not violate the copyright, allied and other rights of third parties lays upon the User.
4.3.4. Register on behalf of or instead of any other person.
4.3.5. Misinform regarding his identity by using the username and password of another registered User.
4.3.6. Falsify information about himself.
4.3.7. Try to gain access to the login and password of another User in any way, including, but not limited to, by deception, abuse of trust, or hacking.
4.3.8. Unlawfully collect and process personal data of other people.
4.3.9. Post any information, which, according to the Company, is undesirable, does not meet the purposes of the Website, restricts the interests of others, or is otherwise undesirable for posting on the Website.
4.3.10. Use robots, "spider" programs, "scraper" programs and other automated means to access the Website without the written permission of the Company.
4.3.11. Undertake actions that impose or may impose an unreasonable or disproportionately large load on the Website infrastructure, which may hinder its proper operation.
4.3.12. Copy, reproduce, modify, create derivative works, distribute or publicly reproduce any content of the Website, program code, which is part of the Website or the services, offered on the Website without the prior written consent of the Company and the relevant third party.
4.3.13. Impede (try to impede) the operation of the Website or perform any actions on the Website in ways not provided for in this Agreement.
4.3.14. Perform actions to bypass the measures the Company may use to prevent or restrict access to the Website or any part of the Website, including devices that prevent or restrict the use or copying of any material or impose restrictions on the use of the Website or material contained in it.
4.3.15. Distribute spam messages containing a request to forward this message to other Users and/ or other unnecessary information.
4.3.16. Attempt to interfere with, or compromise the integrity or the security of the Website, decrypt any transfer from/to a Website server.
4.3.17. Upload invalid data, viruses or other malware to the Website or through it.
4.3.18. Collect or store personal data of third parties, including the account name, using technologies or means that are different from those used or may be used on the Website.
4.3.19. Form (express) demand or offer and reach agreement on the performance of works, as a result of which or in the course of which will be used the content, which is illegal, harmful, slanderous, offensive to morality, demonstrating (or promoting) violence and cruelty, violating intellectual property rights, promoting hatred and/or discrimination of people on racial, ethnic, sexual, religious, social grounds, containing insults against any persons or organizations, containing elements (or promoting) pornography, child erotic, is an advertising (or propaganda) of sexual services (including under the guise of other services), explains the procedure for the creation, manufacture, distribution, other use of narcotic substances or their equivalents, explosives or other types of weapons.
4.3.20. Violate the rights of third parties.
4.3.21. Take on a different persona or a representative of an organization and/or community without sufficient rights to do so, including employees of the Company, the owner of the Website and use other forms and methods of illegal representation of other people on the Internet, as well as mislead other Users or the Company.
4.3.22. Violate the norms of the current Legislation in any other way.
4.3.23. The User is responsible for any information, which he posts on the Website, and shall inform about it to other Users, as well as for any interaction with other Users, which he does at his own risk and peril.
4.4. Complete and exclusive responsibility of the User when using the Website regardless of and in addition to the other provisions of this Agreement, includes the following:
4.4.1. Responsibility of the User for any information or other Event Content, which he creates, posts, uploads, or otherwise transmits (distributes) to third parties through the Website, равно as well as for receiving the Event Content and any interaction with other users through the Website, including responsibility for all claims that are made and can be made regarding the Event Content, which is transmitted and/or accepted by the User, for violation of intellectual property rights, copyright and related rights, as well as in connection with the dissemination of false information, inappropriate, threatening, offensive or slanderous information, information, which discredits other persons, etc., as well as for all the consequences of these actions (including any losses that the Company may incur).
4.4.2. Responsibility for any relations with third parties that have arisen due to or as a result of using the Website, including the responsibility of the User to third parties involved in the private and/or commercial and/or non-commercial activities of the User through the Website, as well as the responsibility of the User for his own losses and expenses incurred as a result of the interaction of the User with third parties due to the use of the Website.
4.4.3. The User is responsible for performing activities using the Website that are prohibited or that violate the Legislation, as well as activities that require special permission (license) for performing such activities, without obtaining such permission (license).
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5. Company Rights and Obligations
5.1. The Company has the right to:
5.1.1. modify any Website software, terminate the Website operation in case of detection of significant malfunctions, errors and failures, and in order to maintain and prevent unauthorized access to the Website.
5.1.2. use the User's personal information provided by him in any way, which is not contrary to the law.
5.1.3. advise the User during his registration/confirmation/payment of the cost of participation in the Event, including independently contacting the User at the e-mail address or phone number specified by the User while registering on the Website.
5.1.4. change the terms of this Offer at any time unilaterally, without prior notice to the User, by publishing the changes on the Website, no later than 3 business days since the date of its acceptance/ introduction. The Company recommends the User to regularly check the terms of this Offer for amendments and/or addenda. Continued use of the Website by the User after the Company makes amendments and/or addenda to the Offer means the unconditional and complete acceptance and consent of the User with such amendments and addenda.
5.1.5. assign or otherwise transfer his rights and obligations arising from his relationship with the User to third parties, subject to the rights and interests of the User provided for by the Legislation.
5.1.6. in case of User’s violation of the terms of this Offer, the Company has the right to block the User's account, or otherwise restrict access to the Website with or without notification by e-mail or using the Personal page.
5.2. The Company shall inform the User about the status of the Application and about the fact of successful payment of the cost of participation in the Event. The User shall be considered to be informed once an e-mail is sent to the e-mail address specified by the User when registering on the Website, containing the relevant information on confirmation.
5.3. The Company is not obliged to perform any updates and/or improvements and/or perfections and/or any other modification in the Website operation. The Company reserves the right, at any time and for any reason, to change, terminate, or suspend the Website operation in order to determine the possibilities and limitations of the use of the Website, as well as introduce and change the procedure for using the Website.
5.4. The Company is responsible for the storage and processing of the User's personal data, ensures the confidentiality of these data during their processing in accordance with the terms of this Agreement, the Company's Policy of privacy and personal data protection in accordance with the terms of section 8 of this Agreement, as well as in accordance with the current Legislation.
5.5. The Company shall not be responsible for the disclosure of information provided by the User on the Website pages in a public form.
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6. Conditions for Granting Access to Events
6.1. The User gets access to the Website services and Events in case if he has the technical ability to use this access.
6.2. The Company has the right to change the web based app, which provides data exchange (Web interface of the Event) and the software of the Event, as well as change the hardware and software requirements that shall be used by the User in order to receive services. With any and all of these changes, this Agreement will act with respect to such changes, unless the Company expressly informs otherwise.
6.3. Information on specific Events and/or functional structure of specific Events, information on the conditions for providing access to the Events and/or on the free of charge nature of the Events, specification of requirements and/or recommendations for technical support for providing access to the Events, other information or requirements that shall and/or may be communicated to the User in accordance with this Agreement or the requirements of the Legislation shall be considered to be provided to the User properly in case if the specified information:
6.3.1. is published on the Company's Website;
6.3.2. is brought to the User’s notice at the moment of conclusion of the Agreement in the text of the Agreement;
6.3.3. is brought to the User’s notice by means of e-mail messages sent to the User's e-mail address specified during registration;
6.3.4. is printed in advertising and informational materials of the Company;
6.3.5. is brought to the User’s notice when addressing him using the Company’s contact addresses and phone numbers;
6.3.6. is brought to the User’s notice by other means available to the Company, including through the mass media (advertising).
6.4. User access to participation in the Event, information about which is posted on the Website, shall be granted subject to 100% prepayment of the cost of participation in such an Event, in the manner and in the way specified in this Agreement, on the Website or communicated to the User in other way.
6.5. Participation in the Event is confirmed by the execution of the Application, which consists in the completion of the final sequence of actions:
(I) by clicking on the message box of the selected Event,
(II) by going to the page of the specified Event on the Website,
(III) by clicking the "Register" button and
(IV) by making payment for participation in one of the ways that are determined by the Company/Organizer of a particular Event.Payment shall be made within 30 (thirty) days since the date of submission of the Application, but, in any case, no later than the start of the Event.
6.6. Access to the Event shall be granted to the User by sending an appropriate e-mail to the User’s e-mail address specified by him during registration on the Website. Information on the planned and held Event is also shown on the User's Personal page in the "Personal Events" section. Login to the Personal page is carried out by the User by entering the email address (or User login) and password, and clicking the "Login" word.
6.7. The execution of the Application using the Website can be confirmed by information (account) records of program control of the connection and cost considerations (billing) as part of the Website. Any actions of the User regarding subscribing/cancelling the Application has an equivalent legal force if the parties have entered into an appropriate agreement in writing.
6.8. Unless otherwise provided by this Agreement, information (account) records on the servers that ensure the operation of the Company's Website, regardless of the method and/or technical device with which they were performed, will be sufficient evidence of the actions performed by the User.
6.9. British time, which can be determined on the basis of account data on the servers that ensure the operation of the Company's Website, is the time for performing any actions (transactions) under this Agreement, unless a different procedure for determining the time was additionally agreed upon in the agreements between the Parties.
6.10. In case if after the completion of the procedure for paying the cost of participation in the Event, but in any case no later than the day of the Event start, the User, for one reason or another, did not receive Access to the Event, he shall contact the Company's support service by the Company's contact phone number or other number, indicated on the Website.
6.11. The Company reserves the right to cancel the User's participation in the Event. At the same time, the Company/Organizer/Lecturer is not obliged to return the paid fee in case of User’s violation of the rules of conduct during the Event. Examples of such violations can be the User’s posting information prohibited by clause 4.3.1 of this Agreement in the comments or in another way during the Event, including stirring ethnic conflicts, containing obscene language or otherwise insulting other participants of the Event or the Lecturer, posting of information, which is not related to the Event topic or posting of advertising information.
6.12. The Company reserves the right to cancel the User's participation in the Event in case if it is established that he has transferred the details for participation in the Event to third parties, including by posting an individual link (URL) for the User's participation in this Event in the public domain, distribution of User’s information and materials received by him associated with participation in the Event. The use of information and materials shall be allowed only for personal purposes and for the personal use by the User. User’s access to participate in the Event shall be provided for no more than one viewer by each separate link.
6.13. The possibility of cancellation/postponement of the Event shall be set by the relevant Lecturer independently. The Company shall not be liable to the User for non-fulfillment and/or improper fulfillment of obligations by the Lecturer.
6.14. In case if the Event is canceled due to the Lecturer’s fault, or if the User refuses to participate in the Event due to the postponement of this Event by the Lecturer, the Lecturer is obliged to repay the full cost of the funds paid by the User for participation in such an Event.
6.15. The User, who wants to withdraw from participation in the Event for reasons beyond the control of the Company/Organizer/Lecturer of this Event, if the possibility of such refusal is foreseen by the relevant Lecturer, shall be repaid the cost of participation in the Event paid by the User, less the costs actually incurred by the Company/Organizer/Lecturer.
6.16. The Company's Website may contain links to other Internet resources. By accepting the Offer, the User agrees that the Company shall not be responsible for the availability of these resources and their content, as well as for any consequences associated with the use of the content of these resources.
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7. Price, Procedure and Method of Payment
7.1. Payments for providing the User with access to the Content of the Event posted in paid access on the Website shall be carried out between the User and the Company/Organizer directly.
7.2. The Company reserves the right to accept funds from Users for the use of separate Website Content, the intellectual property right or license for which belongs to the Company, as well as for Events arranged directly by the Company.
7.3. The prices for participation in the Event are indicated on the Website for each Event separately at the time of opening the collection of Applications for participation in a particular Event, or are communicated to the User by sending an e-mail message.
7.4. The User shall transfer funds to the Company/Organizer of the Event in the amount of the cost of participation in the Event, in the order of 100% prepayment.
7.5. Non-resident Users shall make payments in the currency in accordance with the invoice issued by the Company/Organizer. Any banking fees charged by the bank or corresponding banks servicing the User shall be paid by the User.
7.6. The method of payment shall be determined by the Company/Organizer and shall be brought to the User’s notice by sending him an e-mail message or in another way chosen by the Organizer.
7.7. The User can independently choose a convenient payment method among the possible options that are available on the Website at the time of payment. Methods and procedures of payment that are not foreseen and are not indicated on the Website for making and confirming payment shall not be accepted.
7.8. The Company has the right to provide both one and several options of payment methods. The Company has the right at any time and at its sole discretion to change/remove any payment method on the Website without the obligation of sending any messages and making any changes to this Agreement.
7.9. When choosing the method of payment by payment card the User shall specify information related to to payment cards, namely: card number, expiration date, CVC/CVV code and name of the payment card holder and give consent to the Company/Organizer/Payment System for the processing of his personal and payment data, for the transfer of funds for the selected Event.
7.10. By selecting and confirming the payment method, the User authorizes the Company/Organizer/Payment System to debit the full cost of participation in the Event indicated on the Website, including fees, the corresponding extra charge for transferring funds, the amount of possible conversion and exchange rate difference that will be applied to the payment from his payment card/bank account indicated by him using the selected payment method. The User also authorizes these persons to use payment and personal data for (i) payment of the cost of participation in the Event, (ii) processing return payments, if necessary, and (iii) for other purposes that are necessary for fulfilling the terms of this Agreement. The User shall be fully aware and agree that at the time of payment to the Company the amount of additional costs for processing payment transactions is unknown.
7.11. The Company has the right to request from the User, and the User undertakes to provide a bank statement in order to resolve controversial financial issues related to the payment of the cost of participation in the Event, with a return of funds in cases provided for by the Legislation, as well as to resolve other controversial financial matters.
7.12. In case of creating/executing a request, the funds on the payment card may be blocked with their subsequent debit. Debit of funds from a payment card can be performed by the Company or the Organizer. The User undertakes to assume all measures to ensure that debit of funds from a payment card is possible and available at any time by the Company or the Organizer (for example, all restrictions and limits of the issuing bank for making payments shall be removed by the User before the actual debit of funds from the account).
7.13. The day of payment is the day of receipt of funds to the bank account of the recipient of funds.
7.14. In case if the Event does not take place by the fault of the Company, the funds received by the Company/Organizer from the User as payment for participation in such an Event shall be returned to the User within 30 days since the date of cancellation of the Event or may be credited to pay for another Event. Cookies are additionally divided into primary (they are set directly by the visited Website) and third-party (set by other websites).
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8. Personal Data
Considering that the Company learns some User's personal data when concluding this Agreement, in order to comply with the provisions of the Legislation, the User, by acceding to this Agreement (accepting the Offer), shall confirm that he is familiar with the Police of privacy and personal data protection of the Company, the text of which posted on the Company's website at: https://l-a-b-a.com/privacy-policy. The User shall be fully aware of his rights and obligations arising from this Policy and the Legislation, the guarantees provided by the Company and the responsibility of the Company and the User, arising from this Policy, and accept the terms of this Policy.
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9. Intellectual Property Rights
9.1. The Content of the Website and the Content of the Events that are the intellectual property of the Company or are used by it on the basis of the duly executed consent of third parties and shall be subject to protection in accordance with the Legislation. It is prohibited for the User to distribute the information obtained during the Event by any means for commercial purposes without obtaining the direct consent of the Company for such actions.
9.2. Granting the User access to the Website pages does not mean that the User is granted any license for using the Company's intellectual property. All rights, except those expressly granted to the User by this Agreement, shall be reserved by the Company.
9.3. Any software available for downloading on the Website is the intellectual property of the Company and/or its partners. The use of the Event software shall be governed by the terms of the license agreement, provided to the User for acceptance of its terms when downloading such software. In case if the license agreement for the use of the Event software is not provided to the User; the Company shall grant the User the right to use the Event software solely for the User's personal non-commercial use. At the same time, the fee for using such software of the Event is included in the cost of participation in the Event. All rights to the Event software, including copyright and other exclusive rights with respect to such software, shall be reserved by the Company and/or the Event software manufacturer.
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10. Liability of the Parties
10.1. The amount of the Company's liability under this Agreement is limited by setting the maximum amount of losses subject to compensation. Such maximum amount in any case may not exceed the cost of participation in the Event, which was held using the Website. The Company shall not be liable for consequential or indirect losses, loss of profits, loss of good will of the User, etc.
10.2. The Company shall post the information on the Website for a specific Event, as well as the Content of the Event, to the Website. The Company shall not be responsible for the authenticity, accuracy, completeness or quality of any information posted by the Lecturer and/or third parties on the Website. The Company shall not maintain or verify any information posted by the Lecturer and/or third parties on the Website. The User understands and agrees that by using the Website, he may receive information, which is subjective, evaluative and controversial.
10.3. The Company shall not be responsible for Lecturer’s non-compliance with the conditions for holding the Events, because the Lecturer shall be fully liable for holding the Events.
10.4. The Company shall not verify the information posted by the Lecturer and cannot guarantee the complete absence of inaccuracies in it. Therefore, it shall not be responsible to the User for any erroneous and/or inaccurate data about the Event, as well as for damages caused to the User and/or losses caused by the availability of errors or inaccuracies in the information received by the User.
10.5. In case if the User, for reasons beyond the control of the Company, did not use his right to participate in the Events, then the obligations of the Company shall be considered to be properly fulfilled, in the stipulated amount and on time. At the same time, the funds paid by the User shall not be repayable.
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11. Force Majeure
11.1. The Parties shall not be held liable for partial or complete failure to fulfill their obligations under this Agreement, in case if their fulfillment is hindered by an extraordinary and inevitable circumstance under the given conditions (force majeure), including, but not exclusively: military activities, unrest, or sabotage; natural disasters; blackouts of electricity, internet or telecommunications; or government restrictions. At the same time, the deadline for fulfilling obligations under the Agreement shall be postponed in proportion to the time during which such circumstances were in effect.
11.2. In case if the circumstances specified in clause 11.1. of this Agreement will last more than 30 (thirty) calendar days, then each of the Parties has the right to terminate this Agreement by notifying the other Party in writing 10 calendar days before the date of termination.
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12. Dispute Settlement Procedure
12.1. In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the Party whose right has been violated shall send a written claim (demand) to the other Party.
12.2. All claims (complaints) of the user to the Company regarding the use of the Website shall be sent by the User to the Company's e-mail address specified in this Agreement, in the form of a scanned copy, with the obligatory subsequent sending of the original claim (complaint) to the Company's postal address, specified in this Agreement. The period for consideration of the User’s claim (complaint) by the Company is 15 (fifteen) calendar days since the date of receipt of such claim (complaint) at the address of the Company. After that the Company shall make one of the following decisions: (i) on disagreement with the claim (complaint) and on the refusal to satisfy it; (ii) on complete or partial agreement with the claim (complaint) and on complete or partial satisfaction of the User's requirements.
12.3. The party, whose right has been violated, has the right to take a legal action in accordance with the jurisdiction and cognizance that are established by the requirements of the current legislation.
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13. The Procedure for Forwarding (Sending) Messages
13.1. Message, claims, requests, statements and other official materials shall be transmitted by the Parties to each other in the following manner:
13.1.1. From the Company to the User – by sending them to the e-mail address specified by the User when registering on the Website or posting on the User's Personal page on the Website, accessible only to the User, unless otherwise provided in the relevant clause of this Agreement.
13.1.2. From the User to the Company – by sending them to the e-mail address specified in this Offer. Written appeals sent by the User to the Company must be signed by the User. Written requests not signed by the User shall not be accepted by the Company for consideration.
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14. Other Conditions and Precautions
14.1. The terms of this Offer shall be valid until the moment of withdrawal/change of the Offer by the Company.
14.2. This Agreement shall be considered concluded since the moment of acceptance of this Offer, which is expressed in the registration of the User on the Website, and shall be valid until its termination by one of the Parties.
14.3. This Agreement may be terminated at any time by agreement of the Parties.
14.4. The Company has the right to terminate this Agreement and cancel the User's access to the Website services unilaterally at any time and for any reason at its own discretion, as well as in case of violation of any of the conditions specified in this Agreement by the User.
14.5. In case of the conclusion of this Agreement (acceptance of this Offer) in writing, termination of the Agreement unilaterally by one of the Parties shall be carried out by sending a corresponding written statement by the other Party.
14.6. By accepting the terms of this Offer, the User expresses his consent to receive information about all other Events, access to participation in which the Company provides, regardless of the term of this Agreement, provided that such consent can be revoked by the User at any time by sending an appropriate request to the Company’s address.
14.7. All issues not regulated by this Agreement shall be resolved in accordance with the current Legislation.
14.8. The Company allows any person anywhere in the world to create and post educational courses. The Website model does not imply due diligence or control of the Events. At the same time, the Company does not have the authority to determine the legality of the Event materials. The Company does not exercise editorial control over the Events available on the Website and therefore cannot guarantee the actuality, relevance, accuracy or validity of the Events in any way. If you register for an Event, you shall rely on the information provided by the Lecturer at your own risk.
When using the Services, you might be exposed to material, which you may find offensive, obscene or ambiguous. The Company shall not be held liable for concealing such materials from you and for granting you access to or registering for any Event to the extent, permitted in accordance with the current Legislation. This shall also apply to any Activities related to the issues of health, welfare and physical exercises. You shall acknowledge the risks and hazards that are associated with the nature of these types of Events. By registering for such Events, you shall voluntarily assume such risks, including the risk of illness, injury, fitness for work or death. You shall accept full responsibility for your decisions that you make before, during and after your registration for the Event.
In case if you interact directly with the Lecturer, you shall be careful when transferring any personal information. The Company cannot control the actions of the Lecturers regarding the information they receive from other Users on the Website. You shall not share your e-mail address or other personal information for the sake of your own safety.
The Company does not hire or employ Lecturers, and it shall not be responsible for the interaction between Lecturers and Users. The Company shall not be responsible for disputes, claims, losses, injuries or damages of any kind that may arise due to or in connection with the behavior of Lecturers or Users.
It might happen that the Website will not work either due to scheduled maintenance or due to any malfunctions on the Website. It might happen that one of the Lecturers makes some misleading statements regarding the Event he is holding. It might also happen that the Company faces security issues. These are only examples. You shall accept and agree that you will not assert any recourse claims against the Company if anything goes wrong in any of these cases. In legal, more precise language, the Services and Materials are provided on an "as is" and "as available" basis. The Company/Organizer shall make no declarations or warranties regarding the suitability, reliability, availability, timeliness, security, error-free or accuracy of the Services or their materials, and expressly disclaim any warranties or conditions (whether express or implied), including the implied warranties of merchantability, fitness for a particular purpose, legal title, and non-infringement of intellectual property rights. The Company/Organizer does not give any guarantees that you will receive specific results from participation in the Event. Participation in the Event (including any materials) shall be done at your own risk.
The Company may decide to stop providing access to certain Website features at any time and for any reason. Under no circumstances shall the Company/Organizer be held liable for any damages resulting from such termination or lack of access to such features.
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15. Company Profile
NEXT EDUCATION GROUP LIMITED
Company number 12073324
Correspondence address: PO Box PL19 8JX, 17 Montgomery Drive, Tavistock, United Kingdom, PL19 8JXE-mail address: [email protected]