PUBLIC OFFER AGREEMENT
Tavistock, United Kingdom
NEXT EDUCATION GROUP LIMITED, hereinafter referred to as the Company, duly registered in accordance with the law of the United Kingdom, offers an unlimited number of persons to conclude a Public Offer Agreement for the Website under the following terms and conditions:
1. TERMS AND ABBREVIATIONS
1.1. The terms used in this Agreement shall have the following meanings:
1.1.1. Authorization means the processing of Authentication Data, entered by the User or the Organizer, by the Website’s software, based on which access rights to the Personal Page and Website Services are determined;
1.1.2. Acceptance means full and unconditional Acceptance of the Offer through Registration on the Website;
1.1.3. Authentication Data means a unique identifier of the User and the Organizer, which is used to access the Personal Page. Authentication Data includes the User’s or the Organizer’s login, password, and email address;
1.1.4. Website is a complex of software and hardware with a unique IP-address in the domain https://br.l-a-b-a.com/terms , containing information resources in a specific text, graphic or audio format, which is at the disposal of the Company and provides legal entities and private persons with access to these information resources and other information services on the Internet;
1.1.5. Access to the Event is an email generated by the Company, including, but not exclusively, by order of the Organizer, containing access details for a specific Event (URL, access code), authorizing the User to participate in their chosen Event. Access to the Event may also be granted through the User’s Personal Page;
1.1.6. Web Page (HTML-Page) is a Website Page, a collection of information, including text and graphic data, integrated by software and hardware, and intended for publication on the Internet as part of the Website;
1.1.7. Law means provisions of current legislation of Great Britain that apply to this Agreement;
1.1.8. Event means thematic trainings, seminars, conferences, and master classes in the format of a webinar or an online consultation, as well as other similar remote Events held by the Organizer using the Website services;
1.1.9. Application is a statement of the User’s intent to participate in a specific Event, formalized using the Website, in the manner established by the Offer;
1.1.10. Website Content means products of intellectual activity and equivalent means of individualization, including: literary works, texts, lectures, presentations, speeches, computer programs, mobile programs and applications, as well as audio and visual works (video courses, infographics, phonograms, images, trademarks and service marks, commercial designations and trade names, logos, hypertext links, including fragments thereof, information, widgets and other objects published on the Website;
1.1.11. Event Content means all the information that makes up the content of an individual Event session, including live-streams, data files, texts, computer software, sound files, photo, video, and other images, including those that are newly created using the Website;
1.1.12. User is a person who has Accepted the Offer contained in this Public Offer Agreement and shall receive access to the information published on the Website. The User bears all risks arising from the use of their Account by any unauthorized person and for the consequences of such use;
1.1.13. Unauthorized Access is the use of User Authentication Data by a third party;
1.1.14. Account means Authentication Data and personal User data stored on the Website’s servers;
1.1.15. Organizer is an individual, an individual entrepreneur or a legal entity that is an agent for and/or a licensee of the Company, who carries out activities to attract users to participate in the Event and is entitled to accept payments for participation in the Event;
1.1.16. Personal Page is a Web Page created using the Website’s software features after the User has been granted an account containing Personal Data;
1.1.17. Personal Data means reliable, complete, and up to date information that allows the Company to authorize the User, and is voluntarily published by the User on the Personal Page free of charge. This information is provided by the User during Registration on the Website and may contain the User’s name, login, email address and other information that the User deems necessary to communicate. The storage of Personal Data is carried out in order to allow Authorization on the Website, and the procedure for storing data is provided for by the Privacy Policy and Personal Data Protection;
1.1.18. Offer is this Public Offer Agreement, which is concluded between the Company and the User by joining the User to the whole Agreement proposed by the Company and contains the terms of use for the Website;
1.1.19. Payment System means payment organization, participants in the Payment System and relations that arise between them during the transfer of funds from Users to the Company’s or the Organizer's account for Events available for purchase on the Website.
1.1.20. User Registration is the procedure established by the Company and the result of entering Personal Data and/or other User information into the database of registered Users in order to identify them. During the Registration process, the User is invited to fill out a form with Authentication and Personal Data on the basis of which the Company provides the User with access to the Personal Page on the Website, and subsequent access to specific Events. Upon Registration, a User Account is created on the Website and a unique number (identifier) of the Personal Page is allocated to the User;
1.1.21. Lecturer is an individual, an individual entrepreneur, or a legal entity that is the author of the Event and the person responsible for holding the Event;
1.1.22. Website Services means Website functionality intended for use by visitors.
1.2. The names of headings or sections in this Agreement are for the purposes of convenience only and do not affect the interpretation of this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. This Agreement is an official public offer and contains all essential conditions for the Company to provide all interested parties with Services to ensure access to Website services.
2.2. The Company, in the manner and under the conditions provided for by this Offer, enables the User to use the Website, while the User is obligated to use the Website in accordance with the terms of this Offer.
2.3. The Company’s Website is a platform for hosting Events. Unless otherwise expressly provided for by this Agreement or the conditions for participation in a particular Event, the Company is not the entity responsible for the Events. All obligations regarding the holding of Events and the provision of paid services arise between the User and the Lecturer and/or third parties. Unless otherwise expressly provided for by this Agreement or the conditions for participation in a particular Event, the Company is not responsible for the validity and observance of these obligations. Responsibility for the validity and observance of obligations related to the holding of Events, as well as for the Content of Events, lies solely with the Lecturer.
2.4. The event 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 Events published on the Website, as well as the cost of the Events and other significant details of the Events, may be published on the Website in real time.
2.6. Under the conditions provided for by the relevant Agreements between the Company and the Lecturer, the Company shall act on its own behalf in its relations with Users, but at the behest of the Lecturer, providing technical support in the provision of Access to Events for Users.
2.7. The User agrees that the terms of this Offer may be changed by the Company in the future by means of publishing the updated version of this Offer on the Website. In case the User disagrees with the new (amended) terms of the Offer, the Company reserves the right to block or cancel their User Account.
3. USER REGISTRATION ON THE WEBSITE
3.1. The provision of the service to the User is contingent on the User’s Registration on the Website (whereby the User creates a corresponding Account (Registration Account). The Account (Registration Account) must contain the User’s login (nickname (alias) or User Name), email address and password.
3.2. User Registration on the Website is free and voluntary.
3.3. The User is obliged to fully familiarize themselves with 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 must provide a nickname or a real name, a valid email address, and a password. After filling out this form, the Company will send an email to the provided email address, containing a link, by clicking on which the User confirms the Registration. These steps are required for Registration. Also, during Registration, the Company may allow the User to register using their current social network account (profile), in the manner prescribed on the Website.
3.5. After the User has successfully registered on the Website, the Company assumes the rights and obligations to the User specified in this Agreement. The username (name, nickname) and password provided by the User comprise the necessary and sufficient information for the User to access the Personal Page on the Website.
3.6. The User does not have the right to transfer their username and password to third parties and is fully responsible for their security, independently choosing the storage method. Unless the User has proved the opposite, any actions committed using the username and the password are considered to have been committed by the User, with all the consequences that follow.
3.7. The User is responsible for maintaining the confidentiality of the password. If the User finds evidence of unauthorized access to their Account, the User is obliged to notify the Company of this as soon as possible.
3.8. The Company shall never require the User to provide bank card numbers or PINs. In case of such requests (on the Website or in the form of electronic messages), the User shall immediately stop using the Website and notify the Company thereof.
3.9. The Company shall never send electronic queries to the User with a request to provide, confirm or in any other way inform the Company or the Organizer of the password specified by the User during Registration. The password is stored on the Website in encrypted form.
3.10. If the User loses the Authentication Data for accessing the Website or needs to change the nickname or email address provided during Registration, another notification, containing the lost data and/or a nickname or email address, may be created for the User, personally by the User using the Website Services, as well as by the Company at the User’s written request, indicating the first and last name, nickname, and/or identification number, and, if requested by the Company, with a copy of a payment document evidencing the payment for participation in the Event (payment order, receipt, etc.). The message with the lost data is delivered to the User at the email address provided by the User during Registration or in the User’s request. Moreover, upon the User’s request, the Company shall do its utmost to provide access to their Personal Data, the ability to correct it (if it is incorrect) and, if necessary, delete it.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. User rights:
4.1.1. The User has the right to use the Website, in particular by obtaining Event information published on the Website, as well as by gaining the opportunity to participate in the Events by filling out an Application, performing the actions provided for 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 other ways provided for by the Company.
4.1.3. The User has the right to refuse to participate in Events after Registration and payment for the Application only if the reason for such a refusal is justified (valid). In this case, the Company/the Organizer shall reimburse the funds paid by the User.
4.1.4. The User individual shall enjoy all consumer rights in accordance with the current law governing such relations.
4.2. User responsibilities:
4.2.1. The User shall provide reliable personal information while creating an Account (registering) on the Website.
4.2.2. The User shall not reproduce, repeat, copy, sell, or use the information and materials obtained on the Website for any purpose other than personal.
4.2.3. The User shall maintain the personal equipment and communication channels that provide access to the Website in good working condition. The User shall access the Website through the Account from only one device at a time (personal computer, tablet, etc.). The Company is not responsible for the failure to provide access to the Website and/or to certain Website Services for reasons beyond the Company’s control.
4.2.4. The User shall familiarize themselves with the current version of this Agreement upon every visit to the Website before starting to use the Services of the Website.
4.2.5. In case any questions arise regarding the methods and terms of payment for participation in the Event, the User shall gain a full understanding of such payment methods and terms through communication with the employees of the Company/the Organizer before submitting the Application.
4.2.6. The User shall familiarize themselves with the content, Registration conditions and arrangements for the Events, as well as with additional Application requirements imposed by the Company/the Organizer/the Lecturer. If the User does not fully understand any arrangements for the Events, including the payment procedure, the User shall clarify these conditions, and if this is impossible, refuse to fill out the Application and participate in the Events.
4.2.7. The User shall independently or through third parties pay the full cost of participation in the Event. After the payment, the User shall be entitled to participate in Events or use other services provided by the Lecturer.
4.2.8. If the User disagrees with this Agreement or amendments made thereto by the Company, the User shall refuse to use the Website upon informing the Company thereof.
4.3. When using the Website, the User may not:
4.3.1. Publish on the Website and/or transmit by using the Website (upload, store, publish, distribute, provide access or otherwise use any information, including links thereto) any materials that:
(і) violate applicable law, international law or the law of foreign countries; contain threats, defamation or insult; discredit other persons, violate the rights of citizens to privacy or public order; are obscene or contain obscene language, pornographic images, and texts or scenes of a sexual nature, violence, both with and without minors; contain scenes of animal cruelty; contain a description of the means and methods of suicide, any incitement to commit suicide or to commit acts that constitute a threat to life and (or) health, including harming one's health;
(ii) in any way violate the honor, dignity, business reputation, rights, and interests of other persons protected by law, including the rights of minors;
(iii) support or advocate for religious, racial or interethnic (ethnic) enmity, contain attempts to incite hostility or calls for violence, propagate fascism or racial superiority, other social pathologies;
(iv) contain extremist material that promote criminal activity or contains advice, instructions, or guidelines for committing criminal acts;
(v) contain information of restricted access, including, but not limited to, state and commercial secrets, information about the privacy of third parties;
(vi) contain advertisements or describe the appeal of using narcotic substances, including “digital drugs” (sound files that affect the human brain through “binaural beats”), information on the distribution of drugs, prescriptions for their manufacture and tips for using;
(vii) are fraudulent;
(vii) other materials that contain negative information that could be harmful to the health and/or development of children;
(viii) other materials that encourage other persons to engage in unlawful conduct that entails criminal, administrative, civil, and other liability or in any way violates the provisions of applicable law. Any actions of the User that, in the opinion of the Company, limit the rights of another User, shall not be allowed.
4.3.2. Publish on the Website and transmit using the Website materials that advertise any goods or services, without obtaining the prior direct consent of the Company.
4.3.3. Upload, send or otherwise use the Website for, any material that is subject to protection in accordance with the Law on Intellectual Property, personal information and other materials protected by law without the express permission of the object’s owner. In this case, the responsibility to prove that the publication of materials on the Website by the User does not violate copyright, related rights, and other rights of third parties lies with the User.
4.3.4. Register on behalf of or instead of any other person.
4.3.5. Mislead about their identity by using the username and password of another registered User.
4.3.6. Distort personal information.
4.3.7. Attempt to gain access to the username and password of another User in any way, including, but not limited to, by fraud, breach of trust, hacking.
4.3.8. Illegally collect and process the Personal Data of other persons.
4.3.9. Publish any information that, according to the Company, is undesirable, does not meet the purposes of the Website, restricts the interests of other persons, or for other reasons is undesirable for publication on the Website.
4.3.10. Use robots, web crawlers, scraper programs, and other automated tools to access the Website without the written permission of the Company.
4.3.11. Perform actions that impose or may impose an excessive or disproportionately large load on the Website’s infrastructure, which may interfere with its proper operation.
4.3.12. Copy, reproduce, modify, create derivative works, distribute or publicly reproduce any Content of the Website, program code that is part of the Website, or the Services offered on the Website, without the prior written consent of the Company and the corresponding third party.
4.3.13. Intervene (attempt to intervene) in the operation of the Website or perform any actions on the Website in ways not provided for by this Agreement.
4.3.14. Perform actions aimed at circumventing measures that the Company may take 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 the message to other Users and/or other unwanted information.
4.3.16. Attempt to intervene in or compromise the integrity or security of the Website, decrypt any transfer from or to the server that serves the Website.
4.3.17. Upload incorrect data, viruses or other malicious programs to or through the Website.
4.3.18. Collect or store Personal Data of third parties, including the name of the Account, using technologies or means other than those that are used or may be used on the Website.
4.3.19. Formulate (express) a demand or offer and reach agreement to perform activities, as a result of which or in the course of which content will be used that is illegal, harmful, libelous, morally insulting, demonstrating (or promoting) violence and cruelty, violating intellectual property rights, promoting hatred and/or racial, ethnic, sexual, religious or social discrimination of persons, containing insult to any persons or organizations, containing elements of (or promoting) pornography, child erotica, advertising (or propaganda) sexual services (including under the guise of other services), explains the creation, manufacture, distribution, and other use of narcotic substances or their alternatives, explosives or other types of weapons.
4.3.20. Violate the rights of third parties.
4.3.21. Claim to be another person or a representative of an organization and/or community without sufficient rights to do so, including claiming to be an employee of the Company or the owner of the Website, 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. Otherwise violate the applicable law.
4.3.23. The User is responsible for any information that the User publishes on the Website and transmits to other Users, as well as any interaction with other Users, which is performed at the User’s risk.
4.4. Notwithstanding and in addition to other provisions of this Agreement, when using the Website, the User’s full and exclusive responsibilities include:
4.4.1. The User’s responsibility for any information or other Event Content that the User creates, publishes, uploads, or otherwise transmits (distributes) to third parties through the Website, as well as for receiving the Event Content and any interaction with other Users through the Website, including responsibility for all claims that are and may be presented regarding the Event Content transmitted and/or Accepted by the User, for violation of intellectual property rights, copyright, and related rights, as well as in relation to the dissemination of false information, inappropriate, threatening, insulting or libelous information, information that 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 arising in connection with or as a result of using the Website, including the User’s responsibility to third parties involved in the User’s private and/or commercial and/or non-commercial activities through the Website, as well as the User’s responsibility for personal losses and expenses incurred as a result of the User’s interaction with third parties in connection with the use of the Website.
4.4.3. The User shall be held responsible for performing activities using the Website that are prohibited or which violate the law, as well as activities that require a special permit (license) to carry out such activities without obtaining such a permit (license).
5. RIGHTS AND OBLIGATIONS OF THE COMPANY
5.1. The Company is entitled to:
5.1.1 Modify any software of the Website, terminate the Website upon detection of significant malfunctions, errors, and interruptions, as well as maintain and prevent unauthorized access to the Website.
5.1.2 Use the User’s personal information provided by the latter in any way that does not contradict the law.
5.1.3 Advise the User during Registration/confirmation/payment for participation in the Event, including independently contacting the User at the email address or phone number provided by the User during Registration on the Website.
5.1.4 Amend the terms of this Offer unilaterally at any time, without prior notice to the User, by posting the changes on the Website no later than three working days from the date of their acceptance/introduction. The Company recommends that the Userregularly check the terms of this Offer for amendments and/or additions. Continued use of the Website by the User after the Company has made amendments and/or additions to the Offer means the User unconditionally and fully Accepts and consents to such amendments and additions.
5.1.5 Assign or otherwise transfer its rights and obligations arising from its relations with the User to third parties, subject to the observance of the rights and interests of the User provided by the law.
5.1.6 In case the User violates the conditions of this Offer, the Company has the right to block the User’s Account or otherwise restrict access to the Website with notification by email, via the Personal Page or without such notification.
5.2. The Company must inform the User about the status of the Application and of successful payment for participation in the Event. The User is considered as having been informed after an email containing relevant supporting information has been sent to the email address provided by the User during Registration on the Website.
5.3. The Company is not obligated to perform updates and/or improvements and/or enhancements and/or any other changes in the operation of the Website. The Company reserves the right at any time and for any reason to change, terminate or suspend the operation of the Website in order to determine the possibilities and limitations of using the Website, as well as to 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 and shall ensure the confidentiality of the data during processing in accordance with the terms of this Agreement, the Company’s Privacy and Personal Data Protection Policy, in accordance with the terms of Section 8 of this Agreement, as well as in accordance with the applicable law.
5.5. The Company is not responsible for the public disclosure of information provided by the User on the Website Pages.
6. CONDITIONS OF ACCESS TO THE EVENTS
6.1. The User shall have access to the Website Services and Events if the User has the technical means to use this access.
6.2. The Company has the right to change the web application providing data exchange (the web interface of the Event) and the software of the Event, as well as change the technical and software requirements that the User shall use to receive services. In the event of any of these changes, this Agreement shall be valid unless the Company expressly informs otherwise.
6.3. Information on specific Events and/or the functional composition of specific Events, information on the conditions for providing access to Events and/or on the free-of-charge basis of the Events, specification of requirements and/or recommendations on technical support for access to Events, other information or requirements that should and/or can be communicated to the User in accordance with this Agreement or the requirements of the law, are considered to be properly provided to the User if the indicated information:
6.3.1. Is published on the Company Website;
6.3.2. Communicated to the User upon conclusion of the Agreement in the text of the Agreement;
6.3.3. Communicated to the User via electronic messages directed to the User’s email provided during Registration;
6.3.4. Printed in the Company’s advertisement and information materials;
6.3.5. Communicated to the User upon contacting the Company’s contact addresses and phone numbers;
6.3.6. Communicated to the User in other ways available to the Company, including through the media (advertising).
6.4. The User shall have access to participation in the Event, information about which is published on the Website, subject to a 100 percent prepayment of the Event participation cost in the manner and method specified in this Agreement, on the Website or otherwise communicated to the User.
6.5. Participation in the Event shall be confirmed by the Registration of the Application, which shall be concluded by performing the final sequence of actions:
(i) clicking (click) on the information window of the selected Event,
(ii) going to the Page of the specified Event on the Website,
(iii) clicking the “Sign up” button and,
(iv) making payment for participation in one of the ways determined by the Company or the Organizer of a particular Event.
The payment is made within thirty days from the date of Application, but, in any case, no later than the start of the Event.
6.6. Access to the Event is provided to the User by sending a corresponding email to the User’s email address provided by the User during Registration on the Website. Also, information about upcoming and past Events is presented on the User’s Personal Page in the "Personal Events" section. The User shall login to the Personal Page by entering the email address (or the User’s login) and password, and by clicking the word “Login”.
6.7. Registration of the Application through the Website is confirmed by information records (accounts) of the programming check of connection and cost accounting (billing) as part of the Website. Any actions of the User to subscribe/refuse the Application shall have equivalent legal force if the parties have concluded the relevant Agreement in writing.
6.8. Unless otherwise provided by this Agreement, information records (Accounts) stored on the servers, which ensure the operation of the Company Website, shall constitute sufficient evidence of the User’s actions regardless of the method and/or technical device with which they have been performed.
6.9. The time zone for performing any actions (transactions) under this Agreement shall be the time zone of the United Kingdom, determined on the basis of the data of the Accounts on the servers that ensure the operation of the Company Website, unless otherwise specified in the Agreements between the parties.
6.10. If for one reason or another, the User has not received Access to the Event after paying the cost of participation in the Event, but in any case, no later than the day the Event begins, the User shall contact the Company’s support service using the Company's contact phone number or another number specified on the Website.
6.11. The Company shall reserve the right to cancel the User’s participation in the Event, and the Company, and the Organizer or the Lecturer are not obliged to reimburse the cost if the User violates the rules of conduct at the Event. These violations are the publication by the User in the comments or otherwise during the Event of information prohibited by clause 4.3.1 of this Agreement, including information inciting ethnic conflicts, containing obscene language or otherwise offending other Event participants or the Lecturer, publication of information that does not relate to the topic of the Event or the publication of promotional information.
6.12. The Company reserves the right to cancel the User’s participation in the Event if it establishes that the User has transmitted the details for participation in the Event to third parties, including publishing the User’s individual link (URL) for participation in this Event in the public domain and disseminating information and materials obtained by the User in connection with participation in the Event. The use of information and materials is allowed only for personal purposes and for the personal use of the User. User access to participate in the Event is provided for no more than one viewer for each individual link.
6.13. The option to cancel/reschedule an Event is established by the corresponding Lecturer independently. The Company is not liable to the User for the Lecturer’s failure to fulfill obligations and/or improper performance thereof.
6.14. In the case of Event cancellation by the fault of the Lecturer or if the User refuses to participate in the Event due to the rescheduling of this Event by the Lecturer, the Lecturer is obliged to reimburse the full cost paid by the User for participating in such an Event.
6.15. A User who wants to refuse to participate in the Event for reasons beyond the control of the Company/the Organizer/the Lecturer of this Event, provided that the option of such a refusal is provided for by the corresponding Lecturer, shall be reimbursed the paid cost of participation in the Event, minus the costs incurred by the Company/the Organizer/the Lecturer.
6.16. The Company’s Website may contain links to other Internet resources. By Accepting the Offer, the User agrees that the Company does not bear any responsibility for the availability of these resources and for their content, as well as for any consequences associated with the use of the content of these resources.
7. PRICE, ORDER, AND TYPES OF PAYMENT
7.1. Payments for providing the User with access to the Event Content, published subject to paid access on the Website, are made directly between the User and the Company/the Organizer.
7.2. The Company shall reserve the right to accept funds from Users for the use of particular Website Content, the intellectual property right or license for which belongs to the Company, as well as for Events organized by the Company directly.
7.3. The costs of participation in the Events are listed on the Website for each Event separately from the time Applications for participation in a particular Event are opened, or communicated to the User by an electronic message.
7.4. The User shall transfer the funds to the Company/Event Organizer in the amount of the cost of participation in the Event, in the order of a 100 percent prepayment.
7.5. Users shall make payments in foreign currency in accordance with the invoice issued by the Company/the Organizer. Any bank fees charged by the bank servicing the User or by correspondent banks are paid by the User.
7.6. The payment method shall be determined by the Company/the Organizer and communicated to the User through an electronic message or in another manner chosen by the Organizer.
7.7. The User shall independently choose a convenient payment method from those available and accessible on the Website at the time of payment. Methods of payment that are not provided for and are not available on the Website for making payments and confirming payments, cannot be accepted.
7.8. The company is entitled to provide one or several options of payment methods. The Company has the right at any time and at its discretion to amend/remove any payment methods on the Website without any obligation to notify thereof and amend this Agreement.
7.9. If the User selects a payment method by card, the User provides information related to payment cards, namely: card number, expiration date, CVC/CVV code, the name of the payment card holder and gives consent to the Company/the Organizer/the Payment System to process the personal and payment data to transfer funds for the selected Event.
7.10. By selecting and confirming the payment method, the User authorizes the Company/the Organizer/the Payment System to debit the full payment for participation in the Event listed on the Website, including the fees, corresponding mark-ups for the transfer of funds, from the payment card/bank account provided by the User, the amount of possible conversion and exchange rate differences that will be applied to the payment, and also authorizes these persons to use payment and personal (i) to pay the cost of participation in the Event, (Ii) to process the return payments if necessary, and (iii) for other purposes, required for performing the conditions hereof. The User shall fully understand 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 shall provide, a bank statement to resolve disputed financial issues related to payment for participation in the Event, with a refund in cases provided for by the law, as well as to resolve other disputed financial issues.
7.13. When creating/completing an Application, the funds on a payment card may be blocked and then debited. The Company or the Organizer may withdraw the funds from the payment card. The User agrees to take all measures to ensure that the Company or the Organizer have opportunity and access to debit funds from the payment card at any time (for example, the User shall remove all restrictions and limits of the issuing bank for making payments before the actual debiting of funds from the account).
7.13. The day of payment is the day funds are received in the bank account of the recipient of funds.
7.14. If the Event does not take place at the fault of the Company, the funds received by the Company/the Organizer from the User as payment for participation in such an Event shall be returned to the User within thirty days from the date the Event cancellation, or they may be credited to pay for another Event.
7.15. The Company/the Organizer guarantees the return of the funds paid by User in full within 5 working days from the receipt of the Userr’s notification if the User decides to stop training after the first two classes. If the User does not notify during this time about the desire to receive a refund of the Service, the User loses this right
8. PERSONAL DATA
8.1. Taking into account the fact that upon conclusion of this Agreement the Company becomes aware of the User’s Personal Data in order to comply with the provisions of the law, the User, by acceding to this Agreement (Accepting the Offer), confirms familiarization with the Company’s Privacy Policy and Personal Data Protection, the text of which is published on the Company's Website at: https://br.l-a-b-a.com/privacy, fully aware of the User’s rights and obligations arising from this Policy and law, the guarantees provided by the Company and the liabilities of the Company and the User arising from this Policy, and Accepts the terms of this Policy.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. The Content of the Website and the Content of the Events are either the intellectual property of the Company or used by the Company on the basis of duly formalized consent of third parties and is subject to protection in accordance with the law. The User has no right to disseminate information obtained at the Event for commercial purposes in any manner without obtaining the direct consent of the Company to such actions.
9.2. Providing the User access to the Pages of the Website shall not imply that the User is granted any license to use the intellectual property of the Company. All rights, except those expressly granted to the User by this Agreement, are reserved by the Company.
9.3. Any software available for download on the Website is the intellectual property of the Company and/or its partners. The use of the Event software is governed by the terms of the license Agreement, which is provided to the User for Acceptance of its conditions when downloading such software. 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 exclusively for personal non-commercial use, and the fee for the use of such Event software shall be 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 manufacturer of the Event software.
10. LIABILITY OF PARTIES
10.1. The extent of the Company’s liability under this Agreement is limited by establishing the maximum amount of losses subject to compensation. In any case, this maximum amount of losses may not exceed the cost of participation in the Event held on the Website. The Company is not liable for indirect losses, lost profits, the User’s loss of business reputation, etc.
10.2. The information posted on the Website for a specific Event, as well as the Event Content, shall be added to the Website by the Company. The Company is not liable for the validity, accuracy, completeness or quality of any information published by the Lecturer and/or third parties on the Website. The Company does not support or endorse any information published by the Lecturer and/or third parties on the Website. The User shall understand and agree that by using the Website, the User may receive information that is subjective, evaluative and controversial.
10.3. The Company is not liable for the Lecturer’s non-compliance with the terms of the Events, as the Lecturer is fully responsible for the Events.
10.4. The Company does not verify the information published by the Lecturer and cannot guarantee the complete absence of inaccuracies therein, and therefore, does not bear responsibility to the User for any erroneous and/or inaccurate data about the Event, as well as for damage caused to the User and/or losses arising from errors or inaccuracies in the information received by the User.
10.5. If for reasons beyond the Company’s control, the User has not used the right to participate in the Events, the obligations of the Company are deemed to have been duly fulfilled to the proper extent and on time, and the funds paid by the User are non-refundable.
11. FORCE MAJEURE
11.1. The parties shall be exempted from liability for partial or complete failure to fulfill their obligations under this Agreement if their fulfillment is impeded by extraordinary and inevitable circumstances (force majeure) under these conditions, including, but not exclusively: military operations, unrest or sabotage; natural disasters; power outages, disruptions in the Internet or telecommunications connections; or government restrictions. At the same time, the term for the fulfillment of obligations under the Agreement shall be postponed in proportion to the time during which such circumstances were in force.
11.2. If the circumstances specified in clause 11.1. of this Agreement last more than thirty calendar days, each of the parties shall have the right to terminate this Agreement by written notification to the other party ten calendar days in advance of the date of termination.
12. DISPUTE RESOLUTION
12.1. In the event of failure to fulfill, or improper performance of obligations under this Agreement, the party whose right is violated shall send a written claim (complaint) 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 email address provided in this Agreement, in the form of a scanned copy, with the obligatory subsequent sending of the original claim (complaint) to the Company’s mailing address provided in this Agreement. The time for consideration of the User’s claim (complaint) by the Company is fifteen calendar days from the receipt of the claim (complaint) at the Company’s address, after which the Company shall take one of the following decisions: (i) disagree with the claim (complaint) and refuse to satisfy it; (ii) fully or partially agree with the claim (complaint) and fully or partially satisfy the User’s requirements.
12.3. The party whose right is violated shall have the right to file a lawsuit in court in accordance with the jurisdiction and cognizance established by the requirements of the current law.
13. COMMUNICATION (DISPATCH) OF NOTIFICATIONS
13.1. Messages, claims, requests, statements and other official materials shall be communicated by the parties to each other as follows:
13.1.1. From the Company to the User – by sending them to the email address provided by the User during Registration on the Website or publication 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 Company – by sending them to the email address provided in this Offer. Written requests sent by the User to the Company shall be signed by the User. The Company may not accept written appeals not signed by the User for consideration.
14. OTHER TERMS AND CONDITIONS
14.1. The terms of this Offer shall remain valid until the Company withdraws/amends the Offer.
14.2. This Agreement is considered concluded from the moment of Acceptance of this Offer, expressed through the User’s Registration on the Website, and shall remain valid until terminated by one of the parties.
14.3. This Agreement may be terminated at any time by agreement of the parties by the way noticed in clause 13 of this Agreemen
14.4. The Company has the right to terminate this Agreement and terminate the User’s access to the Website Services unilaterally at any time and for any reason at its discretion, as well as in case the User violates any of the conditions defined by this Agreement.
14.5. In the event of the conclusion of this Agreement (Acceptance of this Offer) in writing, the termination of the contract unilaterally by one of the parties is carried out by sending the corresponding written application to the other party.
14.6. By Accepting the terms of this Offer, the User expresses consent to receive information about all other Events, to which the Company provides participation access, regardless of the duration of this Agreement, provided that such consent may be withdrawn by the User at any time by sending an appropriate request to the company address.
14.7. All issues not regulated by this Agreement shall be resolved in accordance with the applicable law.
14.8. The Company allows any person anywhere in the world to create and publish educational courses. The Website model does not imply legal verification or control of the Events, and the Company does not have the authority to determine the legality of the materials of the Events. The Company does not exercise editorial control of the Events available on the Website and, therefore, does not in any way guarantee the validity, relevance, accuracy or reliability of the Events. If you register for an Event, you rely on the information provided by the Lecturer at your own risk.
By using the services, you may encounter materials that you may find offensive, obscene or dubious. The Company is not responsible for hiding such materials from you and is not responsible for providing you with access or Registration for any Event within the framework allowed in accordance with the applicable law. This also applies to any Events related to health, well-being, and exercise. You acknowledge the risks and dangers associated with the nature of such Events, and when registering for such Events, you voluntarily assume such risks, including the risk of illness, injury, disability or death. You Accept all responsibility for the decisions that you have made before, during and after your Registration for the Event.
If you interact directly with the Lecturer, you should be careful when transmitting certain personal information. The Company cannot control the actions of the Lecturers in relation to information received by them from other users on the Website. You must not share your email or other personal information for your own safety.
The Company does not hire or employ the Lecturers, and the Company is not responsible for the interaction between Lecturers and Users. The Company is not 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 may happen that the Website stops working either due to scheduled maintenance or due to malfunctions on the Website. It may happen that one of the Lecturers makes misleading statements regarding the Event they hold. The Company may be confronted with security issues. These are just examples. You should accept and agree that you will not make regressive claims against the Company in all these cases, if something goes wrong. In legal, more precise terms, the services and materials are provided on the “as is” and “as available” basis. The Company/the Organizer does not make any statements or provide warranties regarding the suitability, reliability, availability, timeliness, safety, absence of errors or accuracy of the provided services or related materials, and also explicitly disclaims any warranties or conditions (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/the Organizer does not guarantee that you will receive specific results from participating in the Event. Participation in the Event (including any materials) is carried out exclusively at your own risk.
The Company may decide to stop providing certain Website functions at any time and for any reason. Under no circumstances shall the Company/the Organizer be liable for any damages resulting from such termination or lack of access to such functions.
15. Company Information
NEXT EDUCATION GROUP LIMITED
Company number 12073324
Correspondence address: PO Box PL19 8JX, 17 Montgomery Drive, Tavistock, United Kingdom, PL19 8JX
Email address: info@br.l-a-b-a.com