Public offer to conclude a contract
IFZO 01 November 2022
This document, permanently posted on the Internet, is an offer of KARINA RIHTERE FZCO (hereinafter referred to as the Offer - the Licensor) to conclude a license agreement (hereinafter referred to as the Agreement) with any interested individual (hereinafter referred to as the Offer - the Licensee).
This document is a public offer in accordance with in accordance with the provisions of the General Data Protection Regulation ( Regulation (EU) 2016/679) dated April 27, 2016 (hereinafter referred to as "GDPR") .
Proper acceptance of the Offer in accordance with Article 438 of the Civil Code of the Russian Federation is the payment of the Licensor's remuneration or payment of the first part of the Licensor's remuneration when paying in installments.
By accepting this public offer, the Licensee confirms his legitimacy, authority, legal capacity, reaching the age of 18, as well as the legal right to enter into a Contractual relationship with the Licensor.
By accepting this Offer, the Licensee confirms that he:
- I have read and agree to all the terms of this Agreement;
- have read and agree to all the terms and conditions for accepting payments systems used by the Licensee;
- has read and agrees with all the rules of the online services used by the Licensor to fulfill its obligations under this Agreement - Platforms getcourse , zoom.us ;
- does not have mental illnesses or disorders, is in a stable psychological state.
1. Terms and Definitions
1.1. Services - the issuance of tasks by the Licensor, the provision of feedback, recommendations and explanations, as well as individual consultations. All services under this Agreement are provided using the Internet (online) and exclusively using the Platform. Services are an integral part of a single process of transferring information to the Licensee through the Platform. The scope of services provided under this Agreement is determined in accordance with the description of the program (service package) chosen by the Licensee, the description of which is posted on the Internet, or the Licensee's Personal Account, or in a message sent by the Licensor to the Licensee's email address specified during registration on the site.
1.2. Materials - audiovisual works ( video tutorials ), texts, teaching aids, document forms, checklists, articles, images, diagrams, presentations, including those integrated into the Platform, access to which is provided to the Licensee during the term of this Agreement, which are a protected object of copyright rights, the property rights to which, including the right to conclude sublicensing Agreements, belong to the Licensor. The materials may be divided by the Licensor into modules and (or) blocks, parts.
1.3. Website - the official website of the Licensor, including all its subdomains , hosted on the Internet at: www.mamazonka
1.4. Platform - an automated system through which the Licensor provides the Licensee with access to the Materials and provides the Services in an interactive mode ( getcourse ).
1.5. Personal Account - a set of secure pages of the Platform created as a result of the Licensee's registration as a user on the Platform, designed to store and manage the Licensee's data or information intended only for the Licensee (including the placement and reproduction of the documents required under this Agreement, the ability to write comments, download text materials, electronic documents, storage of the Licensee's credentials with the possibility of changing and deleting them, etc.). Access to the Personal Account (authorization) is carried out by entering credentials (login and password) in the fields provided for this on the Platform.
1.6. Confidential information - any information relating to the activities of the Licensor, which became known to the Licensee during the execution of this Agreement (in particular, methods and ideas) and is of commercial value due to its unknown to third parties.
1.7. The Licensee 's email address is the email address specified by the Licensee when registering on the Site or in the Licensee's personal account on the Platform.
1.8. Reservation means funds paid by the Licensee as security for obligations in the performance of the Agreement. By receiving payment against the Booking, the Licensor warrants to the Licensor:
1.8.1. fixing the cost of the service at a price taking into account the discount;
1.8.2. provision of performance in the amount and in the manner prescribed by the Agreement.
2. Subject of the Agreement
2.1. The Licensee, for the remuneration paid to the Licensor, has the right to demand from the Licensor to provide the performance provided for by this Agreement in the amount requested by the Licensee, but not more than the amount provided for by this Agreement. Performance may be requested during the term of this Agreement.
2.2. The scope of performance that may be requested by the Licensee is determined in accordance with one of the programs chosen by the Licensee when concluding this Agreement. The description of these programs is given on the Site.
2.3. This Agreement is a subscription agreement .
The Subscriber Terms of this Agreement do not apply if the Licensee is granted the right to view the Materials in the form of a single video lesson (recording of a webinar).
2.4. Under this Agreement, the Licensor provides the Licensee with the following performance:
2.4.1. granting a non-exclusive license to the Materials;
2.4.2. service.
2.5. Execution in accordance with clause 2.4.1. of this Agreement is provided at the request of the Licensee, sent by authorization on the Site and (or) the Platform in the form of access to the Materials via the Internet.
2.6. Execution in accordance with clause 2.4.2. of this Agreement is provided to the Licensee at his request, sent by authorization on the Site and (or) Platform:
2.6.1. in terms of issuing and checking tasks - by exchanging text and voice messages using the software. The Licensor's response to verify the task completed by the Licensee is given from Monday to Friday from 10:00 to 19:00 within 48 hours from the moment the Licensee publishes the completed task or request in the section of the Platform intended for publishing such requests.
2.6.2. in terms of organizing and holding group online meetings by the Licensor using the Software - by requesting the Licensee to access these events.
2.6.3. in terms of individual consultations - by arranging voice or video communication using the software;
2.7. Licensor makes no warranties that the Materials or Services will meet Licensee's expectations or beliefs.
2.8. The Licensor during the term of this Agreement may carry out actions aimed at creating updates, modifications and (or) improvements to the Materials. The Licensor also has the right to suspend the operation of the hardware that provides access to the Materials upon detection of significant malfunctions, errors and failures, as well as for the purpose of carrying out preventive maintenance and preventing cases of unauthorized access to them at any time at its own discretion and (or) in the time the need arose. The indicated cases of the Licensee's lack of access to the Materials do not constitute a failure by the Licensor to fulfill its obligations under this Agreement. The Licensor shall notify the Licensee of the performance of technical and preventive work through the Personal Account on the Platform or by sending an electronic message to the Licensee's Email Address within 24 hours from the moment the need arises for work, indicating the deadline for completion of such work.
2.9. The license continues to be effective in the event of changes, additions or updates to the Materials.
2.10. The Licensor has the right, at its discretion, to involve third parties in the execution of this Agreement.
2.11. Access to the Materials may be provided in stages in the manner determined by the Licensor, information about which is brought to the attention of the Licensee by e-mail or indicated on the Site or in the Personal Account of the Licensee's Platform.
2.12. The Licensee is granted a non-exclusive right to use the Materials for the period of this Agreement in the following scope: familiarization with the Materials and use exclusively by the Licensee without the right of full or partial copying, distribution, publication, public reproduction, broadcast and other use.
2.13. The date of commencement of granting exclusive rights under the terms of a non-exclusive license and services (if any) is:
2.13.1. the date indicated on the Site;
2.13.2. the day the link to the Platform is sent by the Licensor to the Email Address of the Licensee, if the Site does not indicate a specific date, but says that access to the Materials is provided after payment.
2.14. Access (non-exclusive license) to all Materials is provided as part of a single program. The term for which access to the Materials is provided (non-exclusive license) and the term for the provision of services (if any) depends on the Participation Package selected by the Licensee and is specified in clause 5.5. actual agreement.
2.15. At the end of this Agreement, the Licensor has the right to leave the Licensee the opportunity to access the Materials, if technically possible, free of charge for an unlimited period. The Licensee retains the obligation to keep secret the information received by the Licensee in the course of the execution of this Agreement until the Licensor terminates access to the Materials.
3. Licensor's Reward
3.1. The amount of remuneration under this Agreement is indicated on the Website page and depends on the package chosen by the Licensee.
3.2. The Licensor's remuneration is paid by the Licensee in one of the following ways:
3.2.1. prepayment in the amount of 100 %;
3.2.2. by paying the cost of this Agreement in installments in the following order:
3.2.2.1. the first payment in the amount of 50% of the value of this Agreement before providing access to the section of the Platform in which the Licensor hosts the Materials;
3.2.2.2. the second payment in the amount of 25% of the value of this Agreement within 30 (thirty) calendar days from the date of making the first payment when paying the Licensor's remuneration in installments (clause 3.2.2.1. of the Agreement).
3.2.2.3. the third payment in the amount of 25% of the value of this Agreement within 30 (thirty) calendar days from the date of making the second payment when paying the Licensor's remuneration in installments (clause 3.2.2.2. of the Agreement).
3.2.3. By paying the Licensee for the Booking in the amount agreed upon by the Parties in the amount convenient for them and paying the remaining part of the Licensor's remuneration within 14 days.
3.2.4. by paying the Licensor's remuneration in installments through credit, if such an opportunity is provided on the Site. Installment through lending is provided to the Licensee on the terms and conditions stipulated by the bank providing the loan. The Licensor shall not be liable for the conditions for granting a loan to the Licensee by the bank, as well as for the bank's refusal to provide the Licensee with a loan. The Licensee is not entitled to present claims to the Licensor for legal relations that have arisen between the credit institution and the Licensee, the Licensor shall not be liable for such legal relations.
3.3. The parties have the right to agree on a different installment procedure by e-mail than the one specified in clause 3.2.2. Agreement.
3.4. The obligation of the Licensee to pay the remuneration is fulfilled from the moment the entire amount of the remuneration is credited to the Licensor's settlement account.
3.5. In case of payment of the cost of this Agreement in installments by means of lending, upon presentation by the Licensee of a claim for the return of the amount paid under this Agreement subject to satisfaction, the return of funds to the Licensee shall be made by the credit institution in the manner prescribed by the Agreement between the Licensee and the credit institution.
3.6. In case of violation by the Licensee of the procedure for paying the Licensor's remuneration, provided for in clauses 3.2.2., 3.3. of this Agreement, access to all Materials and Services is terminated (including those provided before the termination of access due to the violation by the Licensee of the deadline for paying for the services), the funds paid by the Licensee are not refundable and are withheld by the Licensor as a penalty for failure to fulfill the obligation assumed by the Licensee .
4. Licensor's warranties
4.1. The Licensor guarantees to refund the amount paid by the Licensee as a remuneration to the Licensor minus the amounts of bank payments and commissions, subject to the Licensee's compliance with the following conditions:
4.1.1. The Licensee applied to the Licensor for a refund within 14 (fourteen) calendar days from the date of commencement of the provision of exclusive rights on the terms of a non-exclusive license and services (if any) in the manner provided for in clause 2.13. actual agreement;
4.1.2. The Licensee sent a notification to the Licensor's email address of a unilateral refusal to execute this Agreement indicating the details of the Licensee's account intended for transferring funds to be returned to the Licensee.
5. Validity period, procedure for amending and terminating this Agreement. Consequences of termination of this Agreement.
5.1. This Agreement is valid until the end of the period for granting the Licensee access to the Materials included in the package paid for by the Licensee (clause 2.14). The term of the Agreement may be changed in the cases and in the manner provided for by this Agreement. Upon the expiration of this Agreement, the obligations of the parties under the Agreement shall terminate, except for obligations related to the violation of this Agreement, as well as obligations to keep secret the information received by the Licensee in the course of the execution of this Agreement.
5.2. This Agreement may be terminated by agreement of the Parties.
5.3. This Agreement may be terminated by the Licensor unilaterally in case of violation by the Licensee of its terms (including the identification of mental illness or disorders in the Licensee, as well as the fact that the Licensee is in an unstable psychological state) by sending a notification to the Licensee's email address. In case of termination of this Agreement due to its violation by the Licensee, the return of all or part of the remuneration is not made.
5.4. Unless otherwise provided by this Agreement, the day of termination of this Agreement is the day the agreement on termination is concluded (unless otherwise provided by such an agreement) or the day a Party to the Agreement receives a notification from the other Party about termination unilaterally, when this is permitted by law or this Agreement.
5.5. In the event of termination of this Agreement (termination of its validity before the expiration of the period for which it was concluded for any reason, unless otherwise provided in this Agreement), the amount of remuneration to be returned to the Licensee, unless otherwise provided by this Agreement, is made according to the formula: CB = OSV - (OSV*k), where CV is the amount of remuneration to be returned, OSV is the total amount of remuneration, k is the performance ratio.
SB - the amount of the Booking paid by the Licensee, payable to the Licensor under this Agreement, is non-refundable.
In case of termination of this Agreement after 2 (two) or more calendar days of one of the weeks of its validity (if such a coefficient is specified for a week), the value of the coefficient k for such a week is taken into account when determining the amount of remuneration to be returned to the Licensee.
The values of the performance coefficient for the participation package, the duration of which is 3 weeks:
0.8 - after the expiration of the first week of this agreement,
0.9 - after the second week of this agreement,
1- after the expiration of the third week of this contract.
The values of the performance coefficient for the participation package, the duration of which is 4 weeks:
0.75 - after the first week of this agreement,
0.85 - after the second week of this agreement,
0.95 - after the third week of this agreement,
1- after the fourth week of this contract.
Execution rate values for the participation package, the duration of which is 5 weeks:
0.7 - after the first week of this agreement,
0.8 - after the second week of this agreement,
0.9 - at the end of the third week of this agreement,
0.95 - after the fourth week of this agreement,
1- after the fifth week of this contract.
Execution rate values for the participation package, the duration of which is 6 weeks:
0.7 - after the first week of this agreement,
0.8 - after the second week of this agreement,
0.85 - after the third week of this agreement,
0.9 - after the fourth week of this agreement,
0.95 - after the fifth week of this agreement,
1- after the sixth week of this contract.
Execution rate values for the participation package, the duration of which is 10 weeks:
0.7 - after the first week of this agreement,
0.8 - after the second week of this agreement,
0.85 - after the third week of this agreement,
0.88 - after the fourth week of this agreement,
0.91 - after the fifth week of this agreement,
0.94 - after the sixth week of this agreement,
0.96 - after the seventh week of this agreement,
0.98 - after the eighth week of this agreement,
0.99 - after the ninth week of this agreement,
1- after the tenth week of this contract.
Execution rate values for the participation package, the duration of which is 12 weeks:
0.7 - after the first week of this agreement,
0.75 - after the second week of this agreement,
0.8 - at the end of the third week of this agreement,
0.85 - after the fourth week of this agreement,
0.88 - after the fifth week of this agreement,
0.91 - after the sixth week of this agreement,
0.93 - after the seventh week of this agreement,
0.95 - after the eighth week of this agreement,
0.97 - after the ninth week of this agreement,
0.98 - after the tenth week of this agreement,
0.99 - after the eleventh week of this agreement,
1- after the twelfth week of this contract.
The values of the performance coefficient for programs whose duration is 23 days (3 weeks and 2 days):
0.8 - after the expiration of the first week of this agreement,
0.9 - after the second week of this agreement,
0.95 - after the third week of this agreement,
1- upon the expiration of 23 days of this agreement.
The stated procedure for determining the remuneration to be returned to the Licensee is a condition for charging the Licensee remuneration in the form of periodic payments for the right to demand from the Licensor the provision provided for by this Agreement, in accordance with paragraph 1 of Article 429.4 of the Civil Code of the Russian Federation. The obligation of the Licensee to pay remuneration does not depend on whether they have requested the appropriate performance under this Agreement.
For the purposes of applying this clause, the day of commencement of this Agreement shall be the day of commencement of granting exclusive rights on the terms of a non-exclusive license and services (if such are provided) in the manner provided for in clause 2.13. actual agreement.
If the Licensee under this Agreement is granted the right to view the Materials in the form of a single video lesson ( webinar recording ), then early termination of the Agreement is possible only until the Licensor provides the Licensee with access to such Materials (the Licensor sends a link to the Platform section to the Licensee’s email address and ( or) granting the Licensee access to the Materials on the Platform).
The refund of the amount paid by the Licensee as a remuneration to the Licensor is made minus the commissions of banking and credit organizations.
5.6. The return of the remuneration (part of the remuneration) paid by the Licensee is carried out by the Licensor within thirty working days from the date of termination of this Agreement by transferring funds to the bank account of the Licensee (subject to clause 3.5. of the Agreement). In the event that the Licensee did not provide the details of his bank account, provided insufficient or inaccurate information about this, the term for the return of the remuneration (part of the remuneration) is calculated from the date of provision of sufficient and reliable information.
5.7. After the expiration of this Agreement (expiration, termination), the Licensee's access to the Materials is blocked, the Licensee loses the License, as well as the right to store and use the Confidential Information in any way. After the expiration of this Agreement, the Licensee is obliged to immediately destroy all copies (in electronic form or on tangible media) of the Materials, Confidential Information in his possession. At the request of the Licensor, the Licensee is obliged to provide written confirmation of the performance of the actions specified in this paragraph.
5.8. This Agreement (including its terms and conditions set forth in sources other than this document) may be unilaterally amended by the Licensor at any time. Changes are subject to posting on the Site, come into force from the moment of posting.
5.9. The Licensee undertakes to familiarize himself with the terms of this Agreement each time he visits the Site, the Personal Account of the Platform before using the Personal Account. Continued use by the Licensee of the Personal Account and receipt of execution under this Agreement means the Licensee's consent to the changes in the terms of this Agreement.
5.10. If the Licensee does not agree with the changes to this Agreement, he must stop using the Personal Account and notify the Licensor of his disagreement by e-mail. In this case, this Agreement continues to be valid for the Licensee without taking into account the changes made.
5.11. The Licensee undertakes to comply with the Communication Rules ( Appendix No. 1 to this Agreement). Violation by the Licensee of the Rules of Communication is a material violation of the terms of this Agreement. The Licensor has the right to remove the Licensee from the Platform and (or) from the chat and (or) online conference, as well as unilaterally terminate this Agreement if the Licensee violates the Communication Rules.
5.12. In the event that upon early termination of this Agreement (including at the initiative of the Licensee), the amount of remuneration due to the Licensor exceeds the amount actually paid by the Licensee at the time of termination of the Agreement (when paid in installments - clauses 3.2.2., 3.3. of this of the Agreement), the amount of missing funds is payable by the Licensee to the Licensor within 10 (ten) days from the date of termination of this Agreement.
6. Confidentiality
6.1. The Licensee undertakes to keep secret for ten years from the date of conclusion of this Agreement all information received from the Licensor in the course of the execution of this Agreement, including the Materials, Confidential Information. Distribution or use of this information is allowed only with the prior written consent of the Licensor. For these purposes, the Licensee, in particular, undertakes to keep secret, not to provide, intentionally or accidentally, to third parties the login and password necessary for authorization on the Site (to enter the Personal Account).
6.2. If the Licensee violates in any way the restrictions on the use of the Materials and Confidential Information provided for in this Agreement, the Licensor has the right to require the Licensee to pay a fine in the amount of 100,000 euros for each violation.
7. Dispute Resolution
7.1. Disputes regarding non-fulfillment or improper fulfillment by the Parties of the terms of this Agreement are subject to resolution in the complaint procedure. The claim with supporting documents must be sent to the other Party by registered mail with notification of delivery of the postal message to the addressee (or in any other way that makes it possible to establish the fact of receipt of the message by the addressee). The term for consideration of the claim is thirty working days from the date of receipt of the claim.
7.2. Disputes that are not resolved in the complaint procedure are referred to the court at the location of the Licensor.
8. Other conditions
8.1. An integral part of this Agreement, containing its essential terms, are:
8.1.1. description of the programs and the amount of remuneration posted on the Site.
8.1.2. Annex No. 1 Rules of communication.
8.2. Unless otherwise provided by this Agreement, the exchange of legally significant messages is possible by e-mail, for which the Licensor uses the following address: hello@mamazonka.ru . Messages sent to the contact e-mail address of the Licensee are considered delivered to the Licensee after one day from the date of sending.
8.3. Oral negotiations of the Parties may be recorded by the Licensor in video and (or) audio format. The Licensee agrees to audio and ( or) video recording of the negotiations of the Parties. Such video and audio recordings can be used by the Parties as evidence in resolving disputes arising in connection with the execution of this Agreement.
9. Details of the Licensor:
KARINA RIHTERE FZCO
Address IFZA : Office at A2, Dubai Digital Park, Dubai Silicon Oasis
Application No. 1 to the Public Offer for the conclusion of the Agreement 01 .11.2022
Communication rules
When using the Platform, as well as in the Licensor's chats, the Licensee is prohibited from:
1. Post negative information;
2. Express claims regarding the quality and scope of the Materials or Services;
3. Transfer the link to the chat to third parties;
4. Use foul language;
5. Insult and discriminate against both participants and third parties on any grounds (racial, religious, etc.);
6. Post in the chat files, images, links, etc. containing obscene, offensive content - any content that is contrary to the rules of the chat;
7. Publish messages/articles/posts/links of an advertising (to any extent) nature;
8. Post messages/articles/posts/images that are not related to the topic of the chat;
9. Post links to other chats or subscription pages.
The Licensor has the right to establish and post on the Platform and in the Licensor's chats additional rules of communication and behavior, which must be followed Licensee.