PUBLIC OFFER (TERMS OF SERVICE)

This document (the “Offer”) is an official public offer of the sole proprietor Novoselya Anastasiia Mykhailivna, a legal entity, to enter into an agreement on the terms set out below (Part 1, Article 642 of the Civil Code of Ukraine).

By making payment for the selected Course, you automatically accept this public offer, agree to all terms set out below, confirm that you understand all of its provisions, and enter into an agreement for the provision of services with Sole Proprietor Novoselya Anastasiia Mykhailivna on these terms.

Sole Proprietor Novoselya Anastasiia Mykhailivna, identification code: 3289708326 (hereinafter — the “Provider”), duly registered under the laws of Ukraine, offers an unlimited number of persons to conclude a public services agreement on the following terms:

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1. DEFINITIONS

1.1 Platform — https://www.zenedu.io/ua — a set of educational materials advertised online, hosted and administered by the Provider using specialized software for taking online courses on https://directsell.site/ (hereinafter — the “Platform”). The Provider may, at its own discretion, change the Platform (specialized software) to another specialized environment. In such case, the User must independently familiarize themselves with the Platform functionality and rules. Use of the Platform functions (software environment) is included in the course price.

1.2 Course — a set of training modules (video materials, tasks, etc.), events, and content, created on a specific topic within which services are provided.

1.3 Educational Material — a presentation, interactive material, video recording, homework, etc., posted on the Platform.

1.4 Tariffs — information about the Course price, discount conditions, and other benefits indicated on the website, social media page, or in advertising materials.

1.5 Personal Account — the User’s account on the Platform, administered by the Provider, through which the User gets access to Courses, Educational Materials, and other information required to perform the agreement.

1.6 Service — the Provider’s provision of services to all interested persons to ensure access to virtual classes, educational resources, and educational services in the field of information technologies, including by providing access to public educational, scientific, and informational resources on the Internet.

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2. SUBJECT OF THE AGREEMENT

2.1 The Provider provides paid informational and consulting services by organizing and enabling personal participation in online events (real-time webinars, masterclasses, trainings, courses, intensives, and other similar events; hereinafter — “Events”), and also grants the right to access and review paid content in the form of educational and informational materials on specific topics in any format (audio recordings, video recordings, live streams, interactive materials, etc.), distributed through any communication channels (hereinafter — “Content”).

2.2 The list of Services and Content to be provided by the Provider and the methods of provision are determined in the description of the relevant Course on the Website. The price of a specific Course, Event, or Content is indicated on the Website or in advertising materials.

2.3 This Agreement is concluded as an adhesion agreement (Article 634 of the Civil Code of Ukraine) and is deemed concluded from the moment of acceptance of the public offer.

2.4 By accepting the public offer to conclude this Agreement, the User confirms that they fully accept its terms.

2.5 The User accepts (accepts/“accedes to”) the Offer by paying for the selected Course under the terms of this Agreement. The written form of this Agreement, pursuant to the Law of Ukraine “On Electronic Commerce,” may additionally be confirmed by sending an email message.

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3. USER REGISTRATION

3.1 The Provider may render the Service to the User provided that the User registers on the Website and is registered in the Personal Account.

3.2 Registration on the Website is performed by completing the registration form on the Website. Registration is free and voluntary. With the User’s consent, registration may be performed by a Company representative if the User provides the information required for registration.

3.3 After successful registration on the Website, the Provider assumes the rights and obligations toward the User as specified in this Agreement.

3.4 The User must fully review the terms of this Agreement prior to accepting the Offer.

3.5 After registration and payment, the Provider sends the User an email with instructions for creating/registering the Personal Account.

3.6 The User may not transfer their login and password to third parties and bears full responsibility for their safekeeping. Unless proven otherwise by the User, any actions performed using the User’s login and password are deemed performed by the User with all resulting consequences.

3.7 The User is responsible for keeping their password confidential. If unauthorized access to the account is detected, the User must notify the Provider as soon as possible.

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4. PRICE AND PAYMENT PROCEDURE

4.1 The price is determined according to the Course selected by the User and is indicated on the relevant Course web page and/or on social media and/or in advertising materials.

4.2 Payments are made by transferring funds to the Provider’s account or via online payment systems used by the Provider.

4.3 Payment is made in UAH equivalent according to the exchange rate set by the National Bank of Ukraine on the payment date.

4.4 After full or partial payment, funds are non-refundable. If the User paid a course reservation fee (if provided by the payment terms) and did not pay the remaining amount, such security/reservation payment is non-refundable.

4.5 The User may not demand a price reduction or a refund if they did not use the services. The services are deemed provided at the moment access to the User’s Personal Account is granted.

4.6 Discount conditions are communicated to the User via advertising materials. Discounts are not applied after purchase of the Course.

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5. SERVICE DELIVERY TERMS

5.1 Services provided by the Provider include:

5.1.1 providing informational services by granting access to Events, including but not limited to webinars, courses, masterclasses, lectures, consultations, etc.
5.1.2 providing informational services by delivering the informational course to the User in electronic form.
5.1.3 online meetings between the Provider’s representatives and the User; participation in events organized by the Provider.
5.1.4 consultations (responses via email, in the Personal Account, via Skype, Zoom, etc.) by a personal curator, group curator, or assigned manager.

5.2 Within this agreement, access to Events is provided under the following conditions:

5.2.1 An Event is held by the Provider on the date and time indicated on the Website and also in a notification in the Personal Account and/or via email. The duration is determined by the Provider. The Provider may involve any persons at its discretion. The User independently provides the equipment required to participate. The technical platform for holding Events is determined by the Provider.

5.2.2 The content of the Event is determined by the Provider and must correspond to the description of the relevant Event.

5.2.3 If the User misses an Event (including part of it) for reasons beyond the Provider’s control, the User has no right to demand a repeat Event. A recording may be provided upon the User’s request if this is specified in the conditions of the relevant Course. In this case, informational services are deemed duly provided.

5.2.4 The Provider has the right to stop providing services in case of the User’s inappropriate behavior that interferes with the Event. The cost of the Event for which services were suspended under this clause is not refundable.

5.2.5 If access to the informational course is provided in the User’s Personal Account, then from the moment access is posted in the Personal Account, the Provider’s obligations are deemed fulfilled and access to informational materials is deemed provided in full. The access period is limited to the term specified in the relevant Course description.

5.2.6 The User independently ensures they have the equipment and technical capabilities required to view, download, and use the informational course.

5.2.7 The content of the informational course is determined by the Provider and must correspond to the list presented in the description of the relevant Event or Content on the Website.6. RIGHTS AND OBLIGATIONS OF THE USER

6.1 User’s Rights:

6.1.1 The User has the right to choose the Course according to their needs and skills.
6.1.2 The User has the right to receive the Services in accordance with the terms of this Agreement.

6.2 User’s Obligations:

6.2.1 The User is obliged to provide accurate information about themselves during the User’s registration on the Website and the User’s registration in the User’s Personal Account.
6.2.2 The User undertakes not to reproduce, not to repeat, not to copy, not to sell, and also not to use for any purposes the information and materials that became available to them on the Website and/or during the Event, except for their personal use.
6.2.3 The User undertakes to ознакомиться with the content, the terms of the User’s registration on the Website and the User’s registration in the User’s Personal Account, the procedure for conducting the Events, as well as with additional requirements imposed by the Contractor.
6.2.4 The User undertakes to pay for the Services in full independently or through third parties. After such payment, the User obtains the right to participate in the Events.

6.3. While using the Website, the User has no right to:

6.3.1 Post on the Website, in chats of Event participants, and send through/using the Website materials that are advertising of any goods or services.
6.3.2 Register on behalf of or instead of another person.
6.3.3 Mislead regarding their identity by using the login and password of another registered User.
6.3.4 In any form, including but not limited to deception, abuse of trust, malicious intent, attempts to gain access to the login and password of another User.
6.3.5 Carry out unlawful collection and processing of personal data of other persons.
6.3.6 Use bots, “spider programs,” “scraper programs,” and other automated tools to access the Website.
6.3.7 Perform actions that entail or may entail excessive or disproportionately large load on the Website infrastructure and may interfere with its proper operation.
6.3.8 Distribute spam messages and/or other unwanted information.
6.3.9 Attempt to interfere with or jeopardize the integrity of the Website.
6.3.10 Upload incorrect data, viruses, or other malicious programs to the Website or through it.
6.3.11 Violate the rights of third parties.
6.3.12 Otherwise violate the norms of the current legislation of Ukraine.

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7. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

7.1 Contractor’s Obligations:

7.1.1 Provide the User with services in accordance with the terms of this offer.
7.1.2 Provide the User with the password and login to the Personal Account of the Platform no later than the start date of the Course, which will be announced in advertising materials.
7.1.3 Provide the User with online support via email or a chat that will be created (Viber, Telegram) or another communication channel chosen by the Contractor. Online support may be provided in the form of consultations on how to use the functionality of the Platform, on online webinars that may be provided within the Course, or on other difficulties that may arise for the User during the term of the Agreement.

7.2 Contractor’s Rights:

7.2.1 Use the User’s personal information presented in any way that does not contradict the law.
7.2.2 Record the Event—create a videogram and alienate it to third parties.
7.2.3 Consult the User during оформления / confirmation / payment of the participation fee in the Event / during the Event / after completion of the Event, including independently contacting the User via email address or phone number, including via mobile messengers specified by the User during registration on the Website and/or registration in the User’s Personal Account, or through external communication channels (for example, social networks through which the User could have registered).
7.2.4 Publish on its own website all video materials from online meetings and materials created by the User during and after completing the course.
7.2.5 The curator, lecturer, methodologist, or other representatives of the Contractor have the right to review the tasks completed by the User, make edits, and provide comments regarding the completed task.

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8. CONFIDENTIALITY

8.1 The Parties agree to consider the entire scope of information provided to each other within the framework of this Agreement as Confidential Information, unless otherwise expressly determined by the Agreement.
8.2 Each Party receiving confidential information from the other Party has no right to disclose confidential information to anyone without the express permission of the other Party and must take all possible measures to protect the Confidential Information, including, in particular, all measures it takes to protect its own confidential information / trade secrets.
8.3 The Party undertakes to use the disclosed confidential information exclusively for the purpose of implementing this Agreement.
8.4 The obligations set out in this section of the Agreement do not apply to the following information:
8.4.1 information that is or becomes generally known not through the fault of the Party that received such information from the other Party to the Agreement, which must be confirmed by relevant evidence;
8.4.2 information that was obtained by the Parties from third parties without an obligation to maintain confidentiality;
8.4.3 information the disclosure of which is necessary in accordance with the requirements of the law or authorities with relevant powers.
8.5 For each violation of the obligations on non-disclosure of Confidential Information provided for by this Agreement, the Party that committed such violation is obliged to compensate the other Party for direct damages incurred in connection with such violation.
8.6 Creating and storing backup copies of the User’s data is not a violation of the confidentiality of the User’s information.

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9. INTELLECTUAL PROPERTY RIGHTS

9.1 The content of the Website, the Educational Platform, and the content of the Events are the intellectual property of the Contractor or are used by it on the basis of properly оформленої consent of third parties and are subject to protection in accordance with the Law. Distribution by the User in any way of the information obtained at the Event to third parties, including for commercial purposes, without obtaining the Contractor’s express consent for such actions is prohibited.
9.2 Providing the User with access to the pages of the Website and educational materials through the Contractor’s Educational Platform does not mean that the User is granted any license to use the Contractor’s intellectual property objects. All rights are reserved by the Contractor.
9.3 Any software available for download on the Website is an object of intellectual property of the Contractor and/or its partners.
9.4 The User does not object to the Contractor using, in any way, the course created by the User and the recording of the Event (videogram) at which the User was present, including where the User’s video and photo image are present.

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10. LIABILITY OF THE PARTIES

10.1 In case of violation of the terms of payment for services, the Contractor has the right to terminate the agreement unilaterally and restrict access to the Platform and Educational Materials.
10.2 The Contractor may unilaterally terminate this Agreement and block access to the Educational Materials and the Platform in case of обнаруження dissemination (or any reproduction) of the Educational Materials publicly and/or transfer of access to the Platform to third parties who are not a Party to the Agreement and/or purchase of the Course by several persons together.
10.3 In case the Contractor detects violations предусмотрених in clause 10.2 of this Agreement, the User undertakes to pay a fine in the amount of 100% of the cost of the Course. Violations may be recorded by screenshots, software tools, facts of access to the Platform by third parties, or any other reasonable means.

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11. TERM AND AMENDMENT OF THE AGREEMENT

11.1 Provision of the Services begins from the moment the payment is credited to the Contractor’s settlement account.
11.2 The Agreement applies for the entire period from the moment of conclusion until the Parties fulfill all their obligations under it.
11.3 From the moment of conclusion of the Agreement, all previous oral and written arrangements of the Parties relating to the subject of the Agreement lose their force.
11.4 The Agreement remains in force in case of changes in the details of the Parties, changes in their statutory documents, including but not limited to changes of owner, organizational and legal form, etc.

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12. DISPUTE RESOLUTION

12.1 In the event of disputes, the Parties will take measures for pre-trial dispute resolution.

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13. TERMINATION OF THE AGREEMENT

13.1 This Agreement may be terminated early:
13.1.1 By mutual agreement of the Parties.
13.1.2 Unilaterally by the Contractor in case of non-fulfillment of obligations or violation of the terms of the Agreement by the User, including if the User does not comply with the terms of the Agreement. In this case, the Contractor has the right to claim compensation for damage (losses) caused by such violation. In such a case, the Agreement is considered terminated from the moment the User receives notice of termination, and in this case the funds paid to the User are not refunded.
13.1.3 In other cases предусмотрених by the Agreement and the current legislation of Ukraine.
13.2 Upon termination of the Agreement at the User’s initiative, the paid funds are not refunded.
13.3 The obligations of the Parties under the Agreement which, by their nature, must continue to apply (including obligations on confidentiality, взаиморасчеты, use of information, but not limited to the above) remain in force for another 3 years after the end of the Agreement.
13.4 Termination of this Agreement does not освобождает the Parties from liability for violations of the Agreement that arose during its term.

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14. OTHER TERMS AND DISCLAIMERS

14.1 The terms of this Offer remain in effect until the Offer is withdrawn/changed by the Contractor.
14.2 By accepting the terms of this Offer, the User expresses consent to receive information about all other Events access to participation in which is provided by the Contractor, regardless of the term of this Agreement, provided that such consent may be withdrawn by the User at any time by sending a relevant request to the Contractor’s address.
14.3 All issues not regulated by this Agreement are resolved in accordance with the current legislation of Ukraine.
14.4 The Contractor does not claim and cannot guarantee the absence of errors or the accuracy of the Services or their materials. The Contractor cannot guarantee that you will achieve specific results from participation in the Event. Participation in the Event is carried out исключительно at your own discretion.
14.5 The Contractor and the User confirm that the Event is conducted exclusively for a limited circle of Users and is not public (unless otherwise agreed by the Parties). Lecturers, methodologists, curators, other Users, and representatives of the Contractor may be present at the Events and may see each other.
14.6 The Contractor informs the User that during the Event its recording is carried out—a videogram is created. The recording of the Event may contain information about the Users’ personal data, including but not limited to: surname, name, patronymic, nickname, photo, profile image (avatar).
14.7 The User has the right within 14 календарных days from the moment of payment to return the funds paid by them for the purchase of the Course, provided that they have not used the materials, have not listened to any lesson, have not attended any Event, and have not used other services of the Contractor.
14.8 The Contractor has the right to return the funds paid by the User for the purchase of the course in case the User completed all tasks, listened to and reviewed all materials, was present at all online meetings with the curator, lecturer, and other representatives of the Contractor, however did not independently create a course.