Public Offer to Conclude a Service Agreement

1.1. Services — a set of consulting services provided by the Provider in the manner and on the terms set out in this Agreement and in the Course Programmes, which form an integral part of this Agreement.

1.2. Public Offer — the Provider’s proposal (published on the Provider’s Website), addressed to an unlimited number of individuals in accordance with the laws of Ukraine, to conclude this Agreement on certain terms.

1.3. Provider’s Website — the web page at https://tanyapiven.com, which is the official source of information for Users about the Provider and the services it provides.

1.4. Acceptance — the User’s full, unconditional and unreserved acceptance of the terms of the Public Offer of this Agreement and of the Programme of the relevant Course.

1.5. User — an individual aged 18 or over who has accepted the Provider’s Public Offer set out in this Agreement and paid for the Services.

1.6. Parties — the Provider and the User.

1.7. Course — a set of consulting services in the form of a lecture (master class, training) or an audiovisual work (webinar or online/offline training) aimed at giving the Client information on a given topic so that they can form a certain understanding of the subject and develop certain skills in the field concerned.

1.8. Course Programme — the detailed terms of providing a specific Service, including, but not limited to:

1.8.1. The title, subject and content of the Course and the names of the trainers;

1.8.2. The number of hours and/or the schedule of the Course;

1.8.3. The price of the Course;

1.8.4. The payment procedure, etc.

1.9. Playback (or download) — a form of the User’s access to the Course in which a copy of the Course is created in electronic (digital) form, with or without saving it in the memory of the User’s Devices.

1.10. Device — a computer and/or any other device working on the principle of a computer, capable of processing and playing sound and images, whether stationary or portable (including, but not limited to, mobile phones, smartphones, PDAs, etc.), that has access to the Internet.

2.1. The Provider undertakes to provide the User with consulting services in the field of information technology, namely to organise the User’s participation in a training course or master class (hereinafter the “Course”) for a fee in accordance with this Agreement, and the User undertakes to accept and pay for such Services.

2.2. The User undertakes to pay the Provider the price of the Course they purchase.

2.3. The Parties agree that the detailed content of the Course (topic titles, format, number of hours or class schedule, etc.) is agreed by the Parties in the Course Programme published on the Provider’s Website.

2.4. The Parties agree that the Provider does not guarantee any financial or other results from the User applying the Courses purchased from the Provider in their activities.

2.5. No claims may be made against the Provider regarding the effectiveness of the User’s application of the knowledge and skills gained from listening to or watching the Courses. Responsibility for the use of this knowledge and these skills, and for any results, direct or side effects arising from their use, lies entirely with the User.

3.1. Consulting services are provided as a lecture (master class or training) or as remote playback of the Course on the User’s Device (a recording or a live broadcast) in accordance with the curriculum and class schedule developed by the Provider and set out in the Course Programme published in the relevant section of the Provider’s Website.

3.2. The duration (schedule) of the training is determined by the Course Programme.

3.3. Acceptance of this Agreement is the Client’s full or partial payment for the relevant Course; it means the User’s full and unconditional acceptance of the terms of this Agreement and is equivalent to the User’s handwritten signature on the Agreement.

3.4. From the moment the funds are credited to the Provider’s account, this offer is deemed accepted and the agreement concluded.

3.5. Acceptance procedure:

3.5.1. The User chooses a Course on the Provider’s website and reads the payment terms.

3.5.2. After choosing the Course(s), the User submits a request for a consultation or goes straight to the cart and pays.

3.5.3. If the Course is provided remotely (webinar, online training), before it starts the User receives an access link sent to the e-mail address provided when purchasing the Course.

3.5.5. From the moment this Offer is accepted, unilateral withdrawal of the User from the Agreement is not permitted.

3.5.6. The Service is deemed provided once the Provider has delivered all the information and completed the whole programme set out in the relevant Course Programme.

4.1. The Provider has the right to:

4.1.1. Receive from the User the information needed to provide the services under this Agreement;

4.1.2. Receive payment for the services in the amounts and within the time limits set out in this Agreement and the relevant Course Programme;

4.1.3. Cancel, interrupt or reschedule any Courses, change their materials and the value and weight of any assignment, test or exam, and change the length of classes;

4.1.4. Publish any materials and feedback created by the User during the Course without any restrictions or compensation to the User.

4.2. The Provider undertakes to:

4.2.1. Provide the User with consulting services in accordance with this Agreement and the relevant Course Programme;

4.2.2. Inform the User of the rules and requirements for organising the consulting services, their quality and content, and of the User’s rights and obligations when receiving them;

4.2.3. Develop the curriculum and organise the classes;

4.2.4. Where necessary, provide the User with teaching materials and literature.

5.1. The User has the right to:

5.1.1. Receive Services of proper quality in accordance with the Course Programme.

5.2. The User undertakes to:

5.2.1. Study conscientiously according to the programme and attend theoretical and practical classes, not missing them without good reason;

5.2.2. Complete homework assignments within the Course as instructed by the Provider and/or its representatives and within the deadlines they set;

5.2.3. Pay for the Services on time and in the amounts set by this Agreement and the Course Programme;

5.2.4. Comply with the laws of Ukraine and the requirements of the Agreement regarding the organisation of the Services;

5.2.5. Refrain during the Course from actions that:

5.2.5.1. may prevent other Users, invited guests or lecturers from taking part in the Course and receiving information during it;

5.2.5.2. damage the honour, dignity or business reputation of the Provider, other users, invited guests or lecturers, including by posting information on the Internet, in print, in mailings or in any other public way;

5.2.5.3. involve using audio or video equipment to copy Course materials or passing links to files to third parties.

6.1. The total price of the services provided to the User under this Agreement is the total amount of the Courses paid for by the User.

6.2. The price of a specific Course is set by the Provider in the Course Programme published on the Provider’s Website or communicated to the client personally by the Provider’s manager.

6.3. The User pays for the Services under this Agreement by bank transfer to the Provider’s current account or by payment on the website.

6.4. The Provider has the right not to refund the money paid by the User for the training if the User has attended more than one class of the Course and has withdrawn from the Services.

6.5. If the Agreement is terminated early on the Provider’s initiative, the Provider refunds only the Course classes it has not held. Classes already held are not compensated in this case.

6.6. If the User withdraws before the Course starts, the Provider refunds the deposit paid in full. If the full amount (100% of the Agreement price) has been paid, 90% of the amount paid is refunded to the User.

6.7. The fee is set for the entire duration of the Course and cannot be changed.

7.1. The Parties are liable for non-performance or improper performance of their obligations under this agreement in accordance with the laws of Ukraine.

7.2. THE PROVIDER’S SERVICES AND ALL RELATED MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THE PROVIDER GIVES NO WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, THE PROVIDER DISCLAIMS ANY LIABILITY RELATED TO THE USER’S ACCESS TO AND USE OF THE SERVICES AND RELATED MATERIALS. THE USER AGREES THAT THEY ACCESS AND USE THE SERVICES AND RELATED MATERIALS AT THEIR OWN RISK.

7.3. To the maximum extent permitted by the laws of Ukraine, the Provider is not liable for any indirect, incidental, actual, consequential or direct damages, directly or indirectly lost profits or revenue, or loss of data, performance, goodwill or other intangible assets related to: (a) the User’s access to and use of the Services or inability to access or use them; (b) the materials or conduct of any third party, including defamatory, offensive or unlawful conduct; or (c) unauthorised access to, use of or alteration of the User’s materials or information. In no event shall the aggregate liability for all claims relating to the services exceed the greater of twenty US dollars (USD 20) or the total amount received from the User for paid services during the last six months.

7.4. The User agrees that the disclaimers of warranties and limitations of liability set out in these terms reflect a reasonable and fair allocation of risk and are a necessary condition for the Provider to offer the services at an affordable price.

7.5. The User agrees that any claim relating to the Services must be filed in court within a limitation period of one (1) year after the grounds for it arise; otherwise such grounds are deemed invalid.

7.6. The User agrees that if they fail to comply with clause 5.2.3 of this Agreement on timely payment, the Provider may not only suspend the services and access to the Course until payment is made but also terminate this Agreement under clause 9.1.3.

7.7. If the User breaches clause 12.1 of this Agreement by using the course materials for other than personal purposes or distributing the Course materials in any way to any persons, the Provider may terminate this Agreement unilaterally and block the User’s access to the Course and/or the website without refunding the money paid for the Course.

8.1. The Parties are released from liability for non-performance of their obligations if it is caused by circumstances beyond their control, namely military action, natural disasters, industrial and other accidents, strikes, lockouts, acts of public authorities, etc., which make it impossible to perform this Agreement (hereinafter “Force Majeure”).

8.2. Force Majeure applies, and the affected Party is released from liability for breach of this Agreement, if there is written confirmation (an opinion or certificate) from the Chamber of Commerce and Industry of Ukraine that Force Majeure has occurred.

8.3. The affected Party undertakes to notify the other Party immediately and provide documents confirming the Force Majeure.

8.4. From the moment the other Party receives such notice, performance of this Agreement is suspended for the entire duration of the Force Majeure.

8.5. If Force Majeure lasts more than 3 months, either Party may initiate termination of the Agreement.

9.1. This Agreement terminates:

9.1.1. By agreement of the Parties;

9.1.2. If a Party cannot perform its obligations because of the adoption of regulations that have changed the terms of this Agreement, and either Party does not agree to amend the Agreement;

9.1.3. If the User breaches clauses 5.2.3, 5.2.4, 5.2.5 or 12.1 of this Agreement;

9.1.4. In other cases provided for by this Agreement and the laws of Ukraine.

10.1. The User confirms that they voluntarily and free of charge consent to the processing of their personal data (including surname, first name and patronymic, registered and/or actual place of residence, tax identification number, state registration details, bank details, phone numbers and e-mail addresses, etc.) in the Provider’s personal data base “Clients”, including the collection, registration, entry into the database, accumulation, storage, adaptation, modification, updating, use, dissemination, transfer, anonymisation and destruction of personal data in the database in Ukraine, for the purpose of fulfilling the obligations under this agreement and of tax, business, civil-law and accounting relations. The User consents to the transfer of their personal data to third parties to the minimum extent necessary and only for the purpose of fulfilling the obligations under this Agreement, in line with the objective reason for collecting the data.

10.2. The User confirms that they have been informed of their rights under the Law of Ukraine “On Personal Data Protection” No. 2297-VI of 1 June 2010, as amended, and of the purpose of collecting and processing personal data.

11.1. This Public Offer enters into force when it is published on the Provider’s Website and remains in force until withdrawn by the Provider.

11.2. The Provider may amend the terms of the Offer and/or withdraw the Offer at any time at its own discretion. Any amendments enter into force when the amended text is published on the Provider’s Website, unless a different date is specified in the amended Offer itself.

12.1. The Provider grants the User a limited, personal, non-exclusive, non-transferable and revocable licence to use the Services and any materials or information received during the Course or on the Website. The User may use the materials and any information provided as part of the Services or on the Website only for personal, non-commercial use, unless the User has received the Provider’s written permission to use them for other purposes.

12.2. The User agrees to create and use only one account and not to give third parties access to it or its login details.

12.3. Using the Services does not give the User any property or intellectual property rights in the Services or materials used.

12.4. Together with the materials created during the Course, the User grants the Provider a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide licence to copy, distribute, modify, publicly display and reproduce the User’s materials, and to create derivative works and use them for other purposes.

12.5. The licence specified in clause 12.4 gives the Provider the right to provide the User’s materials to other Users who later purchase the Provider’s Services. This does not limit the Provider’s other legal rights to the User’s materials, for example under other licences. The Provider may delete or change the User’s materials for any reason, including if, in the Provider’s opinion, they do not comply with the Agreement.

13.1. The Parties have agreed that any disputes and claims will be settled by negotiation.

13.2. The Parties understand that the Services are provided by a Provider registered and operating under the laws of Ukraine, whose place of residence is also registered in Ukraine.

13.3. Taking into account clause 12.2 of this Agreement, the Parties have agreed that the place where this transaction is concluded and the Services are provided is the Provider’s place of residence specified in Article 14 of this Agreement.

13.4. By accepting this Offer, the User agrees that all disputes relating to this Agreement will be governed by the laws of Ukraine without regard to conflict-of-law rules. The User also agrees that all such disputes fall within the exclusive jurisdiction of the courts of Ukraine.

13.5. The headings of the articles and clauses of this Offer are used only for reference and convenience. They shall not be construed as defining, limiting, changing or affecting the meaning of the terms of this Offer or any part of it.

13.6. If any provision of this Offer is found invalid, the remaining provisions remain in force.

13.7. In all cases not covered by this Offer, the Parties are guided by the laws of Ukraine.