Offer Agreement
This offer is addressed to individuals (hereinafter referred to as the “Customer”). It is a public offer of Mykola Latansky’s Academy of True Success (hereinafter referred to as the “Contractor”) to conclude an agreement, which is posted on the Internet at: https://latansky.com (hereinafter referred to as the “Agreement”), the following terms:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes to provide information and consulting services (hereinafter referred to as the “Products” / “Services”) selected by the Customer, and the Customer undertakes to pay their cost to the Contractor.
1.2. In the context of this Agreement, the Products are the organization and conduct of the author’s training (including online), providing access to electronic versions of the video, audio courses, and audiobooks protected by Ukrainian legislation in the field of intellectual property. Their list, terms of purchase, and other terms are presented at https://latansky.com and the related pages (hereinafter referred to as the “Website”). The training plan can be adjusted by the Contractor depending on the previous training of participants, goals, and tasks.
1.3. In accordance with the terms of this Agreement, online training is training conducted using remote communication means (Internet) in videoconference mode, in accordance with the Agreement and the rules for using the site and products posted on the site (hereinafter referred to as the “Rules”), which are an integral part of this Agreement.
2. PRICE OF THE PRODUCT. PAYMENT PROCEDURE
2.1. The price of the Product is the price of the selected service, which is indicated on the site.
2.2. The Contractor may unilaterally change the price of the Product until the Customer pays for it by publishing the new price on the website.
2.3. The Customer pays for the selected Product by 100% prepayment within the period specified on the website and/or in the invoice sent by the Contractor to the Customer for his order. In some cases, the Contractor’s website may offer a different procedure for making payment for the Product (delay, installment plan, etc.).
2.4. Settlement between the Parties is carried out in a non-cash form by transferring funds to the current account of the Contractor indicated in the invoice sent to the Customer for his order or in another convenient way for the Customer through the provided options indicated on the website.
2.5. The Product is considered paid from the date of crediting the corresponding amount to the Contractor’s bank account within the stipulated period.
2.6. Payment by the Customer for the Product is the conclusion of this Agreement (acceptance of the offer).
2.7. The refund of funds paid by the Customer, in case of termination or termination of this Agreement or non-receipt by the Customer of the paid Product due to incomplete payment, is not made. This condition remains in force and is also valid after termination or termination of the Agreement.
2.8. Expenses, including bank commission, for the transfer of funds by the Customer under this Agreement shall be borne by the Customer.
3. PRODUCT DELIVERY
3.1. In the case of full Agreement with all the terms of this Agreement, the Customer fills in all the required fields of the order form on the website.
3.2. To confirm the acceptance of the order, the Contractor sends the Customer an invoice for payment for the Product chosen by the Customer. The Customer, in turn, is obliged to send to the email address of the Contractor (indicated in the invoice or from which the invoice was sent) a copy of the receipt, which confirms the payment for the relevant Product.
3.3. The Agreement is considered concluded from the date of payment (partial payment in installments) for the Product in the manner specified in paragraph 2 of this Agreement or receipt of the Product, whichever comes first.
3.4. To receive the Product by email, as well as when participating in online training, the Customer is obliged to provide the technical capabilities and conditions for receiving information from the Contractor (Internet access, acceptable data transfer speed, etc.), in accordance with the terms of this Agreement, the Rules and instructions of the Contractor (clause 1.2. of the Agreement).
3.5. The training schedule may be changed unilaterally by the Contractor. Informing the Customer about the additional conditions of the training and/or changes in the procedure for its conduct is carried out by posting the relevant information on the website and/or in a closed group on Facebook and/or using the means of communication (email, Skype, phone) that were specified by the Customer when placing an order (registration).
3.6. In case of payment and a justified impossibility to take part in the training, about which the Customer notified the Contractor at least 72 hours in advance, then within one year from the date of the missed training, at the request of the Customer, the Contractor either provides the Customer with access to the audio version of the training or provides the Customer the possibility of training with another group.
3.7. The Product is considered to be provided by the Contractor upon its provision (for example, training; providing a link to access to online training, electronic versions of the video, audio courses, audiobooks, etc.) and received, as well as accepted by the Customer in the absence of claims from him within seven days from the date of payment for the Product, and if participating in the training – from the date of the training ( each stage separately), without the Customer sending the Contractor a return notification of receipt.
3.8. In case of partial prepayment of the Product and non-payment of the balance of its cost within the stipulated period, the Contractor has the right to prevent or remove the Customer from participation in the training without a refund. After making full payment for the Product in the manner provided for in clause 2 of this Agreement, the Contractor, in the manner in accordance with clause 3.6. of the Agreement, provides the Customer with the Product (allows the Customer to participate in the training / provides him with access to the audio version of the missed training (its individual classes), if the payment delay is no more than a year from the date of the first payment.
3.9. The Customer understands and acknowledges that during the training, television and/or video filming and/or audio recording may be carried out, and by concluding the Agreement, the Customer gives permission to the Contractor to carry out such filming/recording and use its results in any form and by any means without the consent of the Customer, in including in all projects and/or events that are organized and/or conducted by the Contractor.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Rights of the Customer:
4.1.1. choose any of the offered Products;
4.1.2. receive from the Contractor all the necessary information related to the Product in the manner and on the terms in accordance with the Agreement;
4.1.3. refuse the Product before its payment / first installment payment;
4.1.4. receive the paid Product;
4.1.5. unilaterally withdraw from this Agreement in cases stipulated by the Agreement and the current legislation of Ukraine. Such a refusal does not oblige the Contractor to return the funds paid for the Products, except in cases where the refusal occurred due to a violation by the Contractor of the terms of the Agreement.
4.2. Customer Responsibilities:
4.2.1. pay for the selected Product in the manner and terms specified in clause 2 of the Agreement;
4.2.2. adhere to the Rules, instructions of the Contractor, and the terms of this Agreement;
4.2.3. provide information to the Contractor for communication in accordance with clause 3.1. Agreement;
4.2.4. notify the Contractor about the change in contact information (email, Skype, phone) via email;
4.2.5. ensure the proper operation of technical means for obtaining the Product;
4.2.6. not violate the Contractor’s copyright by distributing (transferring, posting on the Internet, etc.) any information received by the Customer, incl. during the training, from video, audio courses and audiobooks.
4.3. The Customer undertakes not to perform the following actions:
4.3.1. to carry out video and audio recording of the training;
4.3.2. distribute video, audio recordings of the training in any of the possible ways;
4.3.3. distribute the materials of the Products in the form of transcription, that is, the translation of audio or video materials into text format and translation into other languages;
4.3.4. use the information received from the Contractor for commercial purposes by retelling or disseminating knowledge and basics received from the Contractor;
4.3.5. use the information and knowledge received from the Contractor, including (without limitation) for the purpose of creating a similar and/or competitive product or service or for the purpose of obtaining commercial or financial benefits;
4.3.6. organize or conduct their own training or classes based on training (webinars, etc.) of the Contractor;
4.3.7. to carry out actions aimed at disrupting the normal functioning and conduct of training;
4.3.8. transmit and/or make available or make the training broadcast program available to any third party;
4.3.9. allow the dissemination of unreliable, false information, information that discredits the honor, dignity, and business reputation of the Contractor, coaches, and other persons, as well as information that encourages and calls for interethnic, ethnic-racial intolerance, hatred, war, change of the state system of countries, information, the dissemination of which prohibited by the current legislation of Ukraine;
4.3.10. carry out other actions not provided for by the Agreement and the Rules but containing the composition of a criminal or administrative offense or violating the rights and legitimate interests of the Contractor or third parties.
4.4. Executor’s rights:
4.4.1. independently determine the price of the Product;
4.4.2. make changes to the class schedule in accordance with clause 1.2. Agreement;
4.4.3. suspend the Customer from participating in the training in case of violation of the terms of the Agreement and the Rules, followed by providing the Customer (at his request) with access to the audio version of the training by providing a link for downloading or listening;
4.4.4. update content, function, the functionality and user interface of the site and broadcast programs at its sole discretion. The Contractor has the right to inform the Customer about the modifications made by posting the relevant information on the website and/or by letter to the email address and/or in the group chat;
4.4.5. during the training to carry out its audio and video recording;
4.4.6. unilaterally withdraw from the Agreement without a refund in the following cases:
4.4.6.1. non-observance by the Customer of the order and term of payment;
4.4.6.2. violation by the Customer of section 7. of the Agreement, p.p. 4.2., 4.3., 9.2. and clause 9.3. Agreement.
4.5. Executor’s Responsibilities:
4.5.1. provide the Product selected and paid for by the Customer, and in case of installment plan – in the paid part;
4.5.2. inform the Customer about additional conditions and upcoming changes in the procedure for conducting the training (schedule, rescheduling, etc.) by posting relevant information on the website and/or by writing to an email address, Skype and/or in a Facebook group;
4.5.3. if necessary, provide the Customer with the materials necessary for participation in the training under the terms of the Agreement.
5. RESPONSIBILITIES OF THE PARTIES
5.1. The Parties for violation of the terms of this Agreement are liable in accordance with the current legislation of Ukraine.
5.2. The Contractor shall not be liable for the violation of the terms of the Agreement if the Customer provides false and/or incomplete information regarding himself during the ordering process, incl. contact information (email, Skype, telephone, etc.), as well as in the event that the Customer does not provide new contact information (email, Skype, telephone).
5.3. If the Customer does not receive the Product through no fault of the Contractor or the Customer is excluded from participation in the training due to violation of the Agreement and/or the Rules, the funds paid by the Customer for the Product will not be returned.
5.4. The Contractor is liable for the violation of the terms of the Agreement, only if the improper performance occurred through his fault.
5.5. The Contractor is not responsible for modifying the training program and changing the schedule of classes, as well as for the quality of public communication channels through which access to the Products is provided.
6. FORCE MAJOR
6.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure occurred as a result of the onset, action, and consequences of force majeure circumstances that arose after the conclusion of the Agreement and to which the Parties include: flood, fire, earthquake, explosion, storm, subsidence of soils, epidemics and other natural phenomena, as well as war or hostilities, power outages, interruptions in the Internet and other circumstances that arose against the will of the Parties and which prevent the fulfillment of the terms of this Agreement.
6.2. A Party must notify the other Party of the force majeure circumstances no later than one day from the date of their occurrence or from the day when it became possible to make such a notification by posting the relevant information on https://latansky.com or by notification by means of email (mail, Skype, Facebook group) or telephone.
6.3. After the termination (elimination) of force majeure circumstances, the Contractor may provide the Customer with access to the electronic version of the training (mp3) on the Internet or a link for downloading it or reschedule the training to another date. In this case, it will be considered that the Contractor has fulfilled its obligations under this Agreement in the proper way.
7. GUARANTEES OF THE PARTIES
7.1. The Contractor, observing the quality of the services provided, does not guarantee the absolute uninterrupted or error-free provision of services.
7.2. With the exception of the guarantees expressly stated in the text of the Agreement, the Contractor does not provide any other direct or implied guarantees under the Agreement and expressly disclaims any warranties or conditions regarding non-violation of the rights of compliance of services with the specific goals of the Customer.
7.3. The Contractor is not an educational institution and does not issue any certificates, licenses, etc. The Contractor is not engaged in medical or any other medical or educational (pedagogical) activities.
7.4. By agreeing to the terms and accepting the terms of this Agreement by paying for the Product, the Customer assures the Contractor and guarantees that:
7.4.1. The Customer provided reliable data, including his personal data, when registering on the site, as well as when processing payment documents for paying for the Product.
7.4.2. Will not use the Contractor’s training to incite other participants in the training to use any products or services, including competitive ones.
7.4.3. The Customer concludes the Agreement voluntarily, while the Customer: is fully familiarized with the terms of this Agreement and fully understand