Public offer for the provision of paid educational services in the field of preschool education and additional education for children and adults
Nizhny Novgorod as amended on April 15, 2023
Individual entrepreneur Ekaterina Glebovna Kornilova, Primary State Registration Number of Individual Entrepreneur: 320527500097840, TIN: 526213931347, addresses this offer (hereinafter referred to as the Agreement, offer) to an indefinite circle of persons, hereinafter referred to as the Customer, whose will be expressed by him personally or through an authorized representative (Articles 182, 185 of the Civil Code of the Russian Federation), expressing readiness to use the services of the Contractor.
1. General Provisions
1.1. The public offer is the Contractor's official offer to conclude a contract for the provision of paid educational services in the field of preschool education and additional education for children and adults - (hereinafter referred to as the Services) and contains all the essential terms of the contract for the provision of educational services.
1.2. The person who has accepted this public offer acquires all the rights and obligations of the Customer under this agreement within the selected service package.
1.3. The acceptance of this public offer is the implementation by the Customer of full or partial payment for the services of the Contractor in accordance with the terms of this Agreement. From the moment funds are received as payment for the services rendered to the Contractor's settlement account, this agreement is considered concluded between the Customer and the Contractor (hereinafter referred to as the Parties).
1.4. By accepting this offer, the Customer confirms that he has the necessary civil capacity, and that the provision of services by the Contractor under this agreement mainly remotely using software (hereinafter referred to as software) in the form of electronic services is fully consistent with the Customer's ability to use the services provided in this way.
1.5. The Agreement does not require sealing and/or signing by the Customer and the Contractor, while maintaining full legal force.
2. Terms and definitions
In the Agreement, the following terms have the following definitions: Course: the author's distance learning online course, which is a collection of several video lessons united by one topic and also includes the provision of feedback in the form of live broadcasts, practical tasks, and general chat at a Tariff determined by the Contractor, organized by the Contractor via remote access via the Internet, using a specially designed for this purpose, access to the Customer's Personal Account. The volume of services depends on the Tariff paid by the Customer. Customer - any capable individual who has reached the age of 18, who has expressed a desire to receive the Services of the Contractor, who has accepted the Offer and paid for the Services on the conditions described below (hereinafter also referred to as the student, the Customer). The learning platform is Tilda. Contractor's website (hereinafter referred to as the Site) - the Internet site http://deepgaze.online, used by the Contractor to provide services to Customers and provide information. The general chat of participants is a closed chat in Telegram, in which students can communicate with each other in a closed format, discuss issues of interest based on the Course materials. Agreement/offer: this document is published by the Contractor on the website and, if necessary, sent for review by e-mail or provided for review by any other means.
3. Subject of the contract
In accordance with the terms of the Offer, the Contractor undertakes to provide paid services in the field of preschool education and additional education for children and adults, and the Customer undertakes to pay for the Services. The Customer pays for the Services, and the Contractor assumes the obligation to perform such Services in accordance with the procedure for the provision and scope of services specified on the Site.
Services are provided to the Customer personally or to a third party in whose favor the Customer has concluded this Agreement. Types and name of services, list of topics, form of implementation of classes, terms, and cost of services are posted on the Contractor's Website. The Contractor provides access to educational materials on the Learning Platform. Access to the Course is provided in stages. The Contractor opens access to a new lesson on the learning platform according to the Schedule on the Learning platform. The schedule of online meetings is sent to the Customer via instant messenger or e-mail, and is also displayed in the Customer's personal account on the Learning Platform.
The Contractor reserves the right to make changes to the contents of the Course program that do not significantly change its content and structure. Services under the "No Feedback" Tariff are provided within 8 weeks and include the provision of access to the Personal Account for the following Services: 8 blocks of video lessons; Access to the educational materials of the Course is provided from the moment the provision of educational services begins until December 31, 2023. Services under the "With Feedback" Tariff are provided within 8 weeks and include the provision of access to the Personal Account for the following Services:
8 blocks of video lessons; Providing feedback (live broadcasts, chat, homework). Access to the educational materials of the Course is provided from the moment the provision of educational services begins until December 31, 2023. In the process of completing the Course, the Contractor provides feedback in the form of live broadcasts and chatting. In the process of completing the Course, the Contractor analyzes the results of independent work performed by the Customer on the recommendation of the Contractor in order to assimilate the information obtained in the course of the provision of the Services ("checking homework") at the Tariff determined by the Contractor.
Homework is checked during the Course by the Customer. After this period, homework reports are not checked by the Contractor. Services are considered rendered when: In terms of providing access to the educational materials of the Course: at the time the Contractor sends an e-mail to the Customer containing a link to these materials. A lesson is considered received if the Customer is granted access to it, regardless of the actual opening of the lesson by the Customer. Services in terms of providing access to the video lessons of the Course are provided and accepted for each video lesson separately. Providing feedback is included in the cost of each lesson.
- in terms of providing access to the chat at the time of providing a link to this chat. In case of failure to provide a nickname in Telegram by the Customer, the Contractor disclaims responsibility for adding the Customer to the Telegram chat. If the internal rules of the online chat are not observed, the Customer may be excluded from the chat without the possibility of restoring access.
- in terms of organizing and conducting online meetings, at the moment the online meeting ends, or at the time of providing access to the records of such online meetings under the Course program, regardless of whether the Customer himself participated directly or not.
- regarding the analysis of homework at the time of providing comments on the tasks completed by the Customer. The service of checking homework is considered rendered in full even if the homework was not sent by the Customer for checking. The Parties have come to the agreement that there is no need to sign the act of acceptance and transfer of the rendered Services. The absence of claims from the Customer, sent in writing to the Contractor within three calendar days from the date of completion of the provision of a particular service, is considered a confirmation of the fact of full and unconditional acceptance in terms of the quality and scope of the Services.
Services are provided by the Contractor remotely via the Internet, using software (SW). Information about the Services, the program, the cost, and the list of Services in each Course, information about the conditions for providing access to the Services through the Customer's Personal Account, other information or requirements that must or may be communicated to the Customer in accordance with the Offer or the requirements of the current legislation of the Russian Federation, are considered duly provided to the Customer, if the specified information is published on the Contractor's Website, including in the text of this Offer.
4. The term of acceptance is the term of the contract
4.1 The period for acceptance by the Customer is unlimited.
4.2 The Agreement comes into force from the moment of acceptance and is valid until the end of access to educational materials in accordance with the Tariff chosen by the Customer.
5. Terms of service provision
5.1. The terms for the provision of educational services are indicated on the Contractor's website.
6. Registration on the learning platform
6.1. The provision of Services to the Customer is possible subject to the creation of an appropriate account on the Learning Platform (passing through the Registration procedure). The Customer is obliged to fully familiarize himself with the terms of the Offer before registering on the Learning Platform. After paying for the Services, the Contractor sends an email to the e-mail address specified by the Customer containing a link, which the Customer clicks on to register on the Learning Platform. Account registration is carried out by filling out the registration form on the Learning Platform.
In the registration form, you must specify a login (usually a valid email address), password. After successful payment and Registration of the Customer on the Learning Platform in accordance with the terms of this Offer, the Contractor assumes the rights and obligations to the Customer specified in the Offer. The login and password specified by the Customer are necessary and sufficient information for the Customer to access the Personal Account.
The customer is not entitled to transfer his login and password to third parties and is fully responsible for their safety, independently choosing the method of storage. Unless the Customer proves otherwise, any actions performed using his login and password are considered to have been committed by the relevant Customer with all the ensuing consequences.
Rights and obligations of the Customer
7.1. The Customer is obliged to provide reliable information about himself in the process of paying for the Services on the Site and creating an account (Registration) on the Learning Platform.
7.2 The Customer undertakes not to reproduce, repeat, copy, sell, or use for any purpose the information and materials that have become available to him on the Learning Platform in connection with the provision of the Services by the Contractor, with the exception of their personal use on the basis of granting it a simple non-exclusive license.
7.3 The Customer is obliged to maintain his own equipment and communication channels in good technical condition, providing him with access to the Learning Platform, to enter the learning platform under his account at a time from only one personal computer. The Contractor shall not be liable for failure to provide the Services for reasons beyond the contractor's control.
7.4 The Customer undertakes to familiarize himself with all the conditions for the provision of the Services, including the conditions of registration, the topic and program of the specified Course, the form and methods of its conduct, the methods and conditions of payment for participation in the Course, and the requirements for the Customer. If any conditions of the Course, including the payment procedure, are not fully clear to the Customer, he undertakes to clarify these conditions and, if it is impossible to do so, refuses to participate in the Course.
7.5 The Customer undertakes to pay the cost of the Services. After payment, the Customer has the right to receive the Services.
7.6 When using the Learning Platform, the Customer is not entitled to violate the rules for using the Learning Platform.
7.7 The customer has the right to access the video recordings, formulate questions that arose during the study of the video recordings, and receive answers to them.
7.8 The Customer independently monitors the change in the details of the Contractor specified in this Offer, and is responsible for the correctness of the payments made by him.
7.9 The Customer is not allowed to use the Learning Platform until it has been partially or fully paid.
7.10 The Customer receives a message to the e-mail address specified by him during registration containing instructions for organizing access to the Personal Account. In the Personal Account, the Customer gets access to the Course and other materials, depending on the paid Service.
7.11 The Customer undertakes not to allow third parties to use the training materials of the Course. If the Contractor discovers that third parties are using the Course materials, the Contractor has the right to restrict the Customer's access to the already paid Course.
7.12 The Customer undertakes not to take actions to advertise and sell their services during the training process. Violation of this provision implies a unilateral refusal by the Contractor to provide the Service. In case of violation of this provision, the Contractor shall not refund the cost of the Course.
7.13 The Customer undertakes to strictly and unconditionally comply with the following Rules of Conduct when receiving services: - observe discipline and generally accepted norms of behavior, in particular, show respect for the representatives of the Contractor, the Contractor and other Customers, not infringe on their honor and dignity;
- not to allow aggressive behavior during the provision of services, not to interfere with the Contractor, the representative of the Contractor or other Customers in the provision / receipt of Services; - not to use the information received from the Contractor in ways that may lead or will lead to damage to the interests of the Contractor; - not to appear at classes (if any are provided for by the Program) with signs/in a state of alcohol, drugs, or other intoxication;
- do not use profanity or use expressions in communication that may offend the representative of the Contractor or other Customers; - not to distribute advertising and not to offer the services of third-party resources, their own services, or the services of third parties among other Customers and the Contractor's personnel.
8. Rights and obligations of the Contractor
8.1 The Contractor has the right to modify any software on the Site, suspend the operation of the Site, if significant malfunctions, errors, or failures are detected, as well as carry out preventive work and prevent cases of unauthorized access to the Site.
8.2 The Contractor is responsible for the storage and processing of the Customer's personal data, ensures the confidentiality of these data during their processing in accordance with the terms of the Offer.
8.3 If the Customer violates the terms of the Offer, the Contractor has the right to block the Customer's account on the Learning Platform with prior notice by e-mail or without notice.
8.4 The Contractor has the right to set discounts for its services.
8.5 The Contractor has the right not to start providing educational Services, as well as to suspend the provision of services, which he actually started, in cases of violation by the Customer of his obligations under this Offer, namely: incomplete (improper, untimely) payment, reporting of incomplete (inaccurate) information , non-submission (late submission) of registration, or other data necessary for the provision of services.
8.6 The Contractor has the right to unilaterally change, before the customer pays for the services by the Customer, change the cost, the list of services, and the terms of this Offer.
9. Intellectual Property Rights
9.1 The information access to which is provided under this Agreement, including all materials on the Site, is the intellectual property of the Contractor and is subject to protection in accordance with the legislation of the Russian Federation.
9.2 Copyright, as well as rights related to copyright, belong to the Contractor. Providing the Customer with access to materials in the course of training and the provision of the Services does not imply permission to copy, reproduce, modify, create derivative works, or otherwise distribute these materials, either the entire Course or any part of it. The use of the results of intellectual activity without written consent is a violation of the exclusive right of the Contractor, which entails civil, administrative, and criminal liability in accordance with the current legislation of the Russian Federation.
9.3 Violation of the procedure for using the provided materials (including the transfer of login and password) implies a unilateral refusal by the Contractor to provide the Service and other liability provided for by the law of the Russian Federation and this Agreement. In this case, the cost of the course is not refunded.
9.4 If the Customer violates the provisions of this Agreement relating to the protection of the intellectual property of the Contractor, the latter has the right to demand payment of compensation in the amount of 1,000,000 (one million) rubles for each case of violation, as well as compensation for all losses caused.
10. Cost of services
10.1 The cost of the Services is determined unilaterally by the Contractor in Russian rubles and posted on the Website on the Internet.
10.2 Services provided under this Offer are paid in the amount of: - 100% prepayment; - partial prepayment. - internal installment. The conditions for providing an internal installment plan are negotiated on an individual basis by concluding an additional agreement.
10.3 Expenses, including commissions from payment services, for the transfer of funds by the Customer under this Agreement shall be borne by the Customer.
10.4 If the Customer does not make the part of the payment stipulated by the Agreement within the time period established for payment, the Contractor has the right to suspend the provision of services (access to the materials is blocked within 1 working day) until the Customer eliminates such violations. The corresponding notification from the Contractor is sent to the Customer's e-mail address specified when paying for the services.
10.5 If the Customer has not eliminated these violations within 3 (three) days from the date of sending the notification to the Contractor, then this agreement is considered to be executed in the scope of those services for which access was paid for, and terminated at the initiative of the Customer.
10.6 Payment is made by the Customer by using any of the payment services available on the Site when placing an order, or by transferring funds to the Contractor's account.
10.7 The service of providing access to the Course materials upon completion of training is provided free of charge for the period specified in this Offer.
10.8 The moment of payment is the receipt of funds in the Contractor's account.
11. Termination of the Agreement. Reimbursement of the cost of services.
11.1 The Parties have the right to terminate the Agreement by mutual agreement at any time prior to its actual execution.
11.2 If the Customer wishes to terminate the Agreement, he is obliged to send the Contractor a notice of unilateral refusal to perform the Agreement from the e-mail address specified by him during registration on the Site to the Contractor's e-mail address: info@kornilovakat.ru. The Agreement is considered terminated from the moment the Contractor receives the Customer's Notification of the unilateral refusal to execute the Agreement.
11.3 In case of receipt of an application for the return of funds, access to the materials for the Customer is terminated within 1 (one) business day from the date the Contractor receives this application.
11.4 In case of refusal to fulfill obligations under the Agreement, the Customer may return the funds spent on paying for the Course, minus the commissions of payment systems, the actual expenses incurred by the Contractor, and the actually rendered Services.
The actual expenses of the Contractor include expenses incurred at the time of receipt of the application for a refund, in particular, commissions from banking, credit organizations, and relevant payment systems for the implementation of the refund. The specific amount of actual costs for each case is determined independently by the Contractor, based on the actual circumstances of the relevant return application.
11.5 The Contractor, who has received an application for a refund for the Course, returns the funds to the Customer, taking into account the following:
Tariff "Without Feedback"
1 block - 20% of the tuition fee
2 block - 20% of the tuition fee
3 block - 20% of the tuition fee
4 block - 20% of the tuition fee
5 block - 5% of the cost of education
6 block - 5% of the cost of education
7 block - 5% of the cost of education
8 block - 5% of the cost of education
Tariff "With feedback"
1 block - 20% of the tuition fee
2 block - 20% of the tuition fee
3 block - 20% of the tuition fee
4 block - 20% of the tuition fee
5 block - 5% of the cost of education
6 block - 5% of the cost of education
7 block - 5% of the cost of education
8 block - 5% of the cost of education
Tariff "VIP"
1 block - 20% of the tuition fee
2 block - 20% of the tuition fee
3 block - 20% of the tuition fee
4 block - 20% of the tuition fee
5 block - 5% of the cost of education
6 block - 5% of the cost of education
7 block - 5% of the cost of education
8 block - 5% of the cost of education
The cost of the blocks includes the provision of feedback
11.6 The Customer must attach a copy of the passport and details of the account or card from which the payment was made to transfer funds to the return application.
11.7 If the Contractor provides full access to the Course, no refund is made due to the provision of the Service. 11.8 The funds are returned to the Customer's account from which the payment was made, or in another agreed way, within 10 (ten) calendar days from the date of receipt of the application. The obligation to return the amount of money is considered fulfilled from the moment the funds are transferred to the Customer's account.
12. Liability of the parties
12.1 If the Customer, for reasons beyond the control of the Contractor, did not use his right to participate in or access the Services, then the obligations of the Contractor are considered to have been fulfilled properly, in the amount and on time, and the funds paid to the Contractor are not refundable.
12.2 The Contractor is not responsible for the impossibility of providing the Services to the Customer for reasons beyond the control of the Contractor, namely: disruption of the Internet, equipment, or software (software) by the Customer, failures in the operation of Email mailing services, including when letters are received by the Contractor in the Spam folder; as well as the termination of the functioning of the platform where access to training materials is provided. In this case, the Services are considered to have been rendered properly and are payable in full.
12.3 Making decisions based on all the information provided by the Contractor is within the exclusive competence of the Customer. The Contractor is not responsible for not receiving the result, obtaining the result below the Customer's expectations since the success of the Customer's use of the acquired knowledge, skills, and abilities depends on many factors known and unknown to the Contractor and other individual qualities and personal characteristics of the Customer, which are accepted by both parties. The Customer, accepting the terms of this Offer, assumes all the risks associated with the use of skills and abilities, as well as the use of information received by the Customer in the course of the provision of services.
13. Force majeure circumstances
13.1 The Parties are released from liability for partial or complete failure to fulfill their obligations under the Offer, if their fulfillment is hindered by an extraordinary and unavoidable circumstance under the given conditions (force majeure), as defined in the current legislation of the Russian Federation. At the same time, the term for the provision of the Services is postponed in proportion to the time during which such circumstances were in effect.
13.2 If the circumstances specified in clause 13.1. Offers will last more than 30 (thirty) calendar days, then each of the Parties has the right to refuse to fulfill obligations under the Offer by notifying the other Party in writing 10 (ten) calendar days in advance.
14. Procedure for resolving disputes
14.1 In case of non-fulfillment or improper fulfillment of obligations under this Offer, the Party whose right has been violated shall send a written claim (demand) to the other Party.
14.2 The Party that receives a claim from the other Party is obliged, within 10 (ten) calendar days after receipt of the claim, to satisfy the claims stated in the claim or send a reasoned refusal. 14.3 Notices, claims, requests, statements, messages, and other official materials are transmitted by the Parties to each other as follows:
14.3.1 from the Contractor to the Customer - by sending it to the e-mail address specified by the Customer when paying and registering on the Site;
14.3.2 from the Customer to the Contractor - in writing by sending a claim to the Contractor's e-mail address: info@kornilovakat.ru.
14.4 Written requests sent by the Customer must be signed by the Customer, and if the Customer has a seal, sealed. Written appeals not signed by the Customer are not accepted by the Contractor for consideration.
14.5 In case of non-receipt of a response within the above period or disagreement with the response, the interested Party has the right to apply to the court at the place of registration of the Contractor.
15. Other terms
15.1. The Customer is not entitled to transfer his rights and obligations under this Offer without the prior consent of the Contractor.
15.2. The parties agreed to transmit messages (including legally significant ones) by means of electronic mail. The address of the Contractor is indicated on the Site, the address of the Customer is indicated by him when filling out the registration form. Correspondence of the Parties or their representatives may be used as evidence.
15.3. The Parties agreed that electronic photocopies of signed documents sent under this Offer are equivalent to documents executed on paper and signed with a personal signature.
15.4. In all other respects that are not regulated by this Offer, the Parties are guided by the current legislation of the Russian Federation.
16. Details of the Contractor Sole proprietor Ekaterina Glebovna Kornilova
Primary State Registration Number of Individual Entrepreneur: 320527500097840
TIN: 526213931347
Settlement account: 40802810801500249210
Name of the bank: public company BANK "FC OTKRITIE"
BIC: 044525999
Corr. account: 30101810845250000999
Email: info@kornilovakat.ru
CONSENT TO THE PROCESSING OF PERSONAL DATA OF SITE USERS http://deepgaze.online
An individual (hereinafter referred to as the "Subject"), registering on the website: http://deepgaze.online, (hereinafter referred to as the Site), gives his consent to the Individual Entrepreneur Ekaterina Glebovna Kornilova, Primary State Registration Number of Individual Entrepreneur: 320527500097840, TIN: 526213931347, (hereinafter - "Operator"), for the processing of personal data to the extent specified in this document.
By giving consent, the individual confirms that:
● acts freely, by his own will, and in his own interest;
● is capable;
● Consent is specific, informed, and conscious.
Consent is given to the processing of personal data: both with the use of automation tools and without the use of such tools.
2. Consent is given to the processing of the following personal data:
full name;
phone number;
E-mail address;
nickname in Telegram;
other information: data on technical means (devices): IP address, operating system type, browser type, geographic location, Internet service provider; information about the use of the Services; information automatically obtained when accessing the Services, including through the use of cookies; information obtained as a result of the actions of the Personal Data Subject, including the following information: about sent requests, feedback, and questions; user clicks; page views; filling in fields; impressions and views of banners and videos; data characterizing audience segments; session parameters; visit time information.
3. Personal data is not publicly available.
4. The operator carries out processes related to the processing of personal data in order to fulfill its obligations.
Such obligations of the Operator are:
providing the Subject of personal data with access to the Site, including for setting and performing various tasks of the Operator;
providing consulting and technical support to the Personal Data Subject;
ensuring the performance and security of the Site.
5. The legal basis for the processing of personal data is a set of legal acts, in pursuance of which and in accordance with which the Operator processes personal data. The legal basis for the processing of the User's personal data is: an application, a public offer, the Federal Law "On Advertising" No. 38-FL, including the Federal Law of the Russian Federation of July 27, 2006 No. 149-FL "On Information, Information Technologies and Information Protection ".
6. In the course of processing personal data, the following actions will be performed: collection, recording, systematization, accumulation, storage, clarification (updating, changing), electronic copying, extraction, use, depersonalization, blocking, deletion, and destruction.
7. Personal data is processed until the deletion of the personal data of the Subject. Also, the processing of personal data may be terminated at the request of the Personal Data Subject.
8. Consent may be withdrawn by the Personal Data Subject or his representative by sending a written application to the Operator at the email address: info@kornilovakat.ru.
9. If an individual or his representative revokes consent to the processing of personal data, the Operator has the right to continue processing personal data without the consent of the individual if there are grounds specified in paragraphs 2–11 of part 1 of article 6, part 2 of article 10 and part 2 of article 11 Federal Law No. 152-FL "On Personal Data" dated July 27, 2006
10. Consent is valid all the time until the termination of the processing of personal data specified in clause 7 of this Consent.