PUBLIC CONTRACT OFFER
Last changes: July 06, 2023

1. INTRODUCTION

This Public Offer, hereinafter referred to as the "Offer", is an official public offer to purchase information and consulting services of the limited liability company International Academy of Atmalogiya OÜ, registered in the Republic of Estonia, registration number: 16460596, and third parties involved under the terms of this Offer (hereinafter — "Company"), addressed to an unlimited circle of persons, posted on Internet websites at: http://ishchenko.pro/, https://atmalogiya.com/, https://atmaplatforma.com/, hereinafter — "Website".Unless there is another written contract or agreement with you, your contract will at all times include at least the terms and conditions set forth herein (hereinafter referred to as the "GENERAL TERMS"). Please read the offer carefully. In addition to the GENERAL TERMS set forth in this offer, your agreement with the company also includes the SPECIAL TERMS of the agreement published on the product (service) page or in legal notices sent to you (hereinafter referred to as the "SPECIAL TERMS").

The GENERAL CONDITIONS set forth in the offer and the SPECIAL CONDITIONS (hereinafter collectively referred to as the "TERMS") form a legally binding contract for the provision of the Services and the use of the website.

2. ACCEPTANCE OF THE TERMS (OFFER ACCEPTANCE)


By using the website and purchasing the services offered by the company, you accept the offer and conclude a binding service agreement with us.
The acceptance of an offer is equivalent to the conclusion of a contract in a simple written form.

You can accept the TERMS of the contract in the following ways:

(A) by performing an action indicating acceptance of the TERMS of the agreement: by clicking on a button, ticking a checkbox or similar action) on the service order page on the website; or
(B) actual use of the Services and website materials. In this case, you agree that we will consider the fact of using the Services as acceptance of the TERMS (acceptance of the offer).
By using the project website or the services offered on the website, you accept all of these TERMS AND CONDITIONS, and also agree to the processing of your personal data in accordance with our Privacy Policy, published on our website at http://ishchenko.pro/privacypolicy.
If you do not agree with these GENERAL or SPECIAL TERMS AND CONDITIONS (published on the product page) or our Privacy Policy, please leave the site and stop using the Services.
If you have already placed an order and paid for the Services, and do not agree with the Rules, stop using the Services and request a refund in the prescribed manner.

3. SUBJECT OF THE CONTRACT

The subject of the agreement is the use of the website, as well as the Services that we offer on our website and other pages of the Websites.
Terms of use of the services and materials of the website
A User can be any person who accepts the Terms and uses the website and Services.
To receive paid services, you must have full legal capacity and be a person over 18 years of age.
In the case of concluding an agreement on behalf of the organization, the representative of the organization must have the necessary scope of authority.

4. SERVICES OF THE COMPANY

Services and free materials
The scope of services available to you depends on the purchased product (course) and the selected service package. If you use the services or materials available in the open sections of the site, you receive only basic information on the topics of interest.

Paid services
In the case of purchasing paid services, you get extended information, as well as access to restricted content and paid services. You can purchase a separate product (for example, online training or stationary training) for a one-time fee, book participation in a live event (field trainings, camps, seminars, sessions) or apply for individual work (Skype kaiten session, or live sessions ).
Please note that some prepaid service packages include access to several services or courses at once.
Please note that training involves the completion of an internship under the supervision of a curator, as well as independent work and the completion of certain tasks by you (for example, filling out protocols and passing supervision), which are part of the process of providing services.

5. COST OF SERVICES

You have full control over all the personal information you provide to us. You have the right at any time to clarify or change the personal information that we have received from you, or change the settings for receiving advertising and marketing information from us and our partners. You have the right to ask us to delete all information we have collected about you at any time (right to be forgotten). To do this, send us an e-mail or letter to the address specified in the last section of this Policy.

6. USING THE WEBSITE AND ORDERING SERVICES

By using the Website or the Services, you accept all of the TERMS and CONDITIONS of the Agreement, as well as our Privacy Policy. If you do not agree with the content of these documents, leave the website and stop using the services.
If you have registered on the website or placed an order for the services offered on the website, or use our services, you agree that we may send you written notices, promotional mailings, informational messages and other materials in instant messengers or at the phone number and email specified during registration. In some cases, you can, if necessary, refuse to receive them.
You must comply with all Terms and Conditions that you will be asked to read when placing an order or in the process of using the services offered on the website. You agree that you will not engage in activities that disrupt the operation of the website, the Services, or their associated servers and networks.
You accept full responsibility for any breach of your obligations under the Terms and for all consequences of such breach.

7. CONCLUSION OF THE DEAL

The procedure for the formation and conclusion of the relevant transaction (agreement) depends on the product and payment method you have chosen.
Registration on the website, subscription to the newsletter, placing an order and paying for the Services on the website (entering your payment details) is not possible without obtaining your prior consent to the Terms of this Offer and our Privacy Policy (without putting a mark "I have read and accept the Terms of Service and the Privacy Policy" in the corresponding checkbox, under the data collection form).

The moment of conclusion of the agreement
By visiting the website and using the free materials and services posted in the open sections of the website, you enter into an agreement with us to use the materials of the website.
By registering for a free webinar or subscribing to a free mailing list, you enter into a Service Agreement with us. In this case, the Agreement includes General Conditions and Special Conditions of the Agreement.
In the case of purchasing paid services, you enter into a Service Agreement with us at the moment you click on the "Participate" or "Buy" button (or other similar field). In this case, the Agreement includes General Conditions and Special Conditions of the Agreement.
In the case of paying for an order without using systems for accepting electronic payments, the Agreement with you is considered concluded at the time of payment by you of the invoice issued by us.

Correction of input errors
By registering on our website or ordering services, you can interrupt the checkout process at any time and correct input errors until the registration or ordering process is completed.
You can also always contact us and report input errors and inaccuracies in your personal data.

8. TIME OF SERVICE PROVISION

One-time services
Any one-time services / prepaid service packages purchased on the website can be offered for a certain period (have a fixed term for the provision of services). In this case, after the expiration of the specified period, the provision of services will be terminated at the end of the specified period for the provision of services.
You understand and agree that we can unilaterally postpone the date and time of the classes (webinars and master classes) and this is not considered a violation of the contract on our part.

Content access time
Some service packages provide the user with access to certain training materials for a limited period of time. In this case, you are guaranteed access to the content for the period indicated on the product page.
Although we will not intentionally restrict access to the specified content, however, after this period, we do not guarantee that this content will still be available to you (which is not a violation of the terms of the contract on our part).

9. TERMS OF RESERVATION (PRE-ORDER) OF SERVICES

By booking the services of the company, you place an early order for services at a reduced price, subject to payment of the cost of the pre-order. You undertake to pay the rest of the cost of services within the terms and conditions of the promotional offer published on our website or in written messages sent to you.
Subject to paying the difference in price, you can always re-order for a higher value package, regardless of which package you pre-ordered.
Please note that the amount paid by you (the cost of the pre-order) is considered a deposit and is transferred by you on account of the payments due, as proof of the conclusion of the contract and as security for its execution. If you do not fully pay for the pre-ordered services within the specified period, we will withhold the entire amount of the deposit — the cost of the reservation is not refundable.
You can always use the amount paid by you (pre-order price) towards partial payment for other services of the company within two (2) calendar months from the date of making the deposit — for this, contact our customer support service. After the expiration of the specified period, you lose this opportunity.

10. PAYMENT TERMS

Write-off from the balance
In the case of the purchase of paid services on the website, at the time of placing the order (successful entry of payment details into the frame of the payment system), a one-time write-off of the cost of the ordered services occurs. The cost of services is indicated without taking into account the commissions of payment systems.
When paying for services by card, the debit amount is determined based on the exchange rate of the international payment systems VISA or MasterCard. In addition to the cost of services, the write-off amount includes additional commissions from banks and payment systems.

Failure to fulfill payment obligations
We reserve the right to make claims for violation of the established terms of payment for services. If it is impossible to debit funds from your payment card, we have the right not to start the provision of the Services or suspend their provision until they are paid.

11. PAYMENT METHOD

You can familiarize yourself with the available payment methods for our services on the website.
In case of payment for services by money transfer (through a terminal or cash desk of a financial institution), you are obliged to inform us about the payment made and send an image of documents confirming payment for services to the e-mail address indicated on the website. You understand that by paying for services by transfer, you confirm your acceptance of the TERMS of service.
If we pay additional fees or incur other expenses due to a payment rejection due to your fault (for example, insufficient funds on the card; the allowed credit limit on the card has already been exhausted), we reserve the right to additionally charge your card/account for the amount of expenses actually incurred by us.
We reserve the right, at any time, at our sole discretion, to change the payment method for the purchased product and / or refuse the previously offered payment method, offering alternative payment methods.

12. RETURN POLICY AND POSTPONED SERVICES

Policy of the refusal of services
After placing an order and paying for it, in each individual case, you get the right to refuse services and request a refund. You have the right to refuse paid services by notifying us of this within the established time limits.
The date we receive your return request determines whether a refund is possible or not, as well as the amount of deductions associated with the return.
You understand and agree that if you have already started using the services (gained access to one or more training sessions or their recordings) during the withdrawal period, we have the right to deduct from the amount you paid the amount of the cost of the services actually provided, at the time of receipt of the refund request.

Online learning opt-out policy
You have the right to opt out of online training (access to training recordings, webinars and other paid training content) within fourteen (14) calendar days from the confirmation of the order.
If you apply for a refund within the due date, we will refund to you the payments received from you as payment for the course. To receive a refund, please contact us and file a return request in the prescribed manner.
If you have already started using the services during the withdrawal period (for example, you have taken one or more online classes or received a link to watch or download video tutorials), we will deduct from the amount you paid the cost of the services actually provided at the time the refund request was made. In this case, the refund amount is determined as the difference between the total cost of services and the cost of actually consumed services.

Policy of refusing stationary and field training
For stationary and field training (intensive courses, analysis, seminars, sessions and trainings):
You have the right to refuse to participate in offline events. The possibility of a refund and the amount of deductions associated with the refusal depend on the timing of our receipt of the request for a refund.
If we receive a return request:
(A) sixty (60) or more calendar days before the start date of the training (intensive, master class, seminar or other event), regardless of the reasons for refusal — we will return to you all the money received as an advance (minus the commissions of payment systems associated with the return);
(B) between fifty nine (59) and twenty one (21) days prior to the date of commencement of training — we will return the funds received, withholding fifty (50)% of the amount paid;
(C) twenty (20) days or less before the date of commencement of training — no full or partial refund is made, and the refusal of services is regarded as a unilateral refusal of the contract.
If it is not our fault to receive services (for example, you missed your flight or did not show up at the collection point, do not want to continue studying, you have health problems, etc.), the cost of services that you actually did not consume is not reimbursed.

The refund processing
To cancel services and process a refund, write to us at happy@ishchenko.pro, we will confirm receipt of the refund request by email to the address specified when placing the order. If you do not receive written confirmation within 24 hours from the date of sending the letter, please contact our support service at the phone number listed on the website.
To process a return, be sure to tell us: full name and email address specified when placing an order; name of the service (training program, training or service package); order date; payment information; reasons for refusal of services, as well as other necessary information.
You understand that if you violate the procedure for filing a return request or do not provide us with the specified information, we have the right to refuse to return you and not consider your request.

Consequences of refusal of services

If you submit a refund request within the specified timeframes, we will refund your funds within fourteen (14) days from the date we receive your request.
For a refund, we will use the same payment method that you used to pay for the services. We will withhold from the refund amount all additional fees of banks and payment systems associated with the refund.
If you did not use the services (did not take part in the event, did not watch the classes available to you) through no fault of ours or refused to use the services in violation of the terms and established procedure, we will not reimburse you for the cost of such services.

Special Cancellation Conditions and Additional Refund Guarantees
We specifically reserve the right to set different opt-out policies for individual Services (training programs, products, live events, webinars, intensives, etc.) or provide you with additional unconditional refund guarantees by posting specific Opt-Out Terms on the product order page.

Postponement of the Services
Not later than two (2) months from the date of payment for the Services (making the first payment), you have the right to request the transfer of the terms for the provision of the Services to other calendar dates and receive training with the next stream of the course (under the terms of a similar package of services, equivalent to the one purchased in value). In this case, no refund will be made, and we will inform you of the new possible calendar dates for training. Postponement of the terms for the provision of Services is possible no more than once.
In order to comply with the deadline, it is enough for you to notify us in the manner prescribed for filing a return request.
We expressly reserve the right to establish different rescheduling policies for individual products by posting additional Rescheduling Terms on the product page.

Expiration of the period of cancellation of services
In the event that the Services were rendered in full before the expiration of the refusal period (for example: you have already received access to all lessons and materials) and / or before the receipt of a request for a refund, no refund is made.
In case of receiving a request for a refund (refusal of services) in violation of the established deadlines for refusal, no refund is made.

13. INTELLECTUAL PROPERTY RIGHTS

Trade marks
Trademarks for goods and services, as well as trade names "EVA ISHCHENKO", "ISHCHENKO.PRO", "ATMALOGIYA", "ATMOLOG", "ATMALOGIYA", as well as other marks for goods and services used by us are registered and in any case belong to us. You may not use these marks for goods or services without our express written consent.

Copyright materials
All materials posted on the website and other websites of the project, as well as materials provided to you in the course of providing paid services (content) are subject to copyright, the exclusive rights to use which belong to the company, regardless of the fact of registration and the territory of their validity.
Using the services of the company, you get the right to use educational content for personal non-commercial purposes.
Copying, modification, full or partial use, public reproduction and distribution of materials posted on the site or provided in the course of training, as well as the use of content for commercial purposes, without the written permission of the copyright holder, is strictly prohibited and punishable by law, except as provided by the contract.

Shareware use of materials
It is allowed to process the author's materials and methods obtained during the training and their subsequent commercial use, provided that you keep a link to the author of the methodology — Eva Ishchenko — and the obligatory placement in all your publications and materials of a hyperlink to the profile of Eva Ishchenko on the social network Facebook or Instagram, as well as the hashtags #atmolog and #atmalogiya.
Commercial use of copyrighted materials in any way, with violation of the established procedure — without maintaining the obligatory reference to the author of the methodology and posting links and hashtags — is strictly prohibited.
The cost of commercial use of these copyrighted materials without maintaining a link to the author is estimated at five (5,000) euros per one calendar month of use.

Intellectual Property Rights Violation
Any violation of intellectual property rights is prosecuted in accordance with the laws of the country where services are provided and international law, and entails civil, administrative and criminal liability.
If we discover facts of illegal use of our marks for goods and services, or our content (for example, copying or processing course materials and distributing them in violation of the established procedure for mentioning the author; buying access to the course "in a pool" and transferring credentials for access to training to third parties, etc.), we have the right to stop providing services and block the violator's account, without refunding the cost of training.
We have the right, at our option, to require the infringer to fully compensate for the damages caused by such violation, or to pay compensation from the infringer in the amount of double the fee for the fair use of intellectual property, for each case of misuse.
If the violator refuses to voluntarily pay compensation, we will be forced to apply to law enforcement agencies, initiate criminal prosecution of the violator and collect monetary compensation by force.
14. LIABILITY FOR IMPROPER QUALITY SERVICES

Law prescriptions
The provisions of the current legislation on the protection of consumer rights regarding claims for the provision of services of inadequate quality apply to the emerging relationship, regardless of the General and Special Conditions. The scope of the consumer rights granted to you by law, in any case, cannot be reduced.

Warranty clause
We do not guarantee that the use of the services will bring instant achievement of the intended goals. The results of different participants can vary significantly — a lot depends on individual work and your attitude.
We do not promise you quick and easy positive changes in the quality of life — any changes require effort and hard independent work. However, we guarantee that after completing the training, you will receive the knowledge and skills that will definitely bring you closer to achieving your goals.
You understand and accept that the subjective assessment of the training or your disagreement with the opinions of speakers, mentors and experts, their methods of work or the content of training programs is not a basis for a refund.

15. LIABILITY

General provisions
In case of violation of obligations by the parties, provision of false information at the conclusion or in the course of execution of the transaction, the parties shall be liable in accordance with the established procedure.
We are responsible for: violation of the Terms and Conditions for the provision of services; provision of Services of inadequate quality.
You are responsible for: the accuracy and correctness of the registration and payment data specified by you in the process of registering on the site or placing an order; use by third parties of the credentials used to access the Services; use of materials posted on the website or provided during the provision of the Services for the purpose of their subsequent resale, distribution or transfer to third parties; dissemination of false information about our company that discredits our business reputation (slander); violation of the Terms of Service; violation of payment terms; interfering with the operation of the site and available services or attempting to access them, bypassing our instructions.

Limitation of Liability
Our total liability for any claim or claim is limited to the amount of the purchased service of inadequate quality or provided in violation of the terms.
We are not responsible for: the inability to provide services due to reasons beyond our control, including force majeure, disruption of communication lines, malfunction of equipment and software that does not belong to us; for full or partial interruptions in the provision of services related to the replacement of equipment, software or other work caused by the need to maintain the operability and development of technical means (subject to prior notice to the user); violation of the security of the equipment and software used by you to receive the services; loss of confidential information or part of it, if this is not our fault; any damages to third parties that have arisen through no fault of ours.
In the event that we violate the terms for the provision of services, our liability is limited solely to: the extension of the terms for the provision of services, or the provision of services in new terms until our obligations are fully fulfilled.

Responsibility of our employees and agents
To the extent our liability is limited or excluded, the same limitation or exclusion of liability applies to our employees or agents.

16. RESPONSIBILITY FOR THE MATERIALS AND CONTENT YOU POST

Limitation of Liability for Posting Content
You are responsible for the content and materials that you post on our website, in our communities, groups or chats of the project, in the process of using the services of the Company. We are not responsible for the content you post and do not monitor it.

Сompliance with legal requirements
By posting your own content, you must comply with the laws of the country of residence. In any case, it is prohibited to publish content of a pornographic, sexual nature, promoting violence, sadism, discrimination, containing threats or slander.
In addition, your content must also not violate the rights of third parties and contain advertising. This applies to property and non-property rights of third parties, including intellectual property rights (for example, copyright and trademark and trade name rights). In particular, you also have an obligation not to violate the rights of third parties when posting comments/reviews, profile photos or any pictures you post.

Unauthorized advertising
The content and materials that you post in the process of using the Company's services must not contain advertising.
We have the right to remove or move any content posted by you at any time if we believe that it violates the rights of third parties or legal requirements.
If you violate these principles of content placement, we have the right to send you a written warning, temporarily block your account and suspend the provision of services, or terminate the agreement unilaterally.

Reparation (Compensation for damage)
If you violate the TERMS of the contract, you are obliged to indemnify us for all losses incurred in connection with the satisfaction of the claims of third parties (whose rights you have violated). We reserve the right to make claims for losses and other claims against you by way of recourse.

17. DURATION OF THE AGREEMENT CONDITIONS

The TERMS are valid until changed or withdrawn by the company.
Termination (revocation) of these Terms will not affect any legal rights, obligations and responsibilities that were in effect for you and the company, and arose before the termination of the TERMS.

18. DURATION OF THE CONTRACT

The agreement on the use of the website (website materials) is considered concluded for an indefinite period and is valid until terminated by you or us.
The contract for the provision of services concluded in connection with the use of free services, the purchase of a prepaid package of services or the pre-ordering of participation in an event, is valid until the full fulfillment of obligations by the parties.

19. TERMINATION OF USE OF SERVICES

You have the right to stop using the website and services at any time, without giving a reason. To stop using paid services, please let us know by contacting the user support service, using one of the phones listed on the website.
Please note that after you have canceled the services (terminated the contract), you will lose access to paid content and available services. If at the time of termination of the contract (agreement) you still have access to the purchased package of services, any amount that you paid to pay for the services and services of the company will not be refunded, including the amount of the cost of actually unused services.
We reserve the right to terminate the contract with you without giving reasons, provided that we give you written notice no later than two (2) weeks before the planned date of termination. In any case, the contract cannot be terminated before the end of the term for the provision of services.

We may terminate our contract with you at any time if:
(A) you have violated any provision of the Terms (or have acted in a manner that clearly indicates your unwillingness or inability to comply with the Terms), or
(B) we are compelled to do so by law (for example, if the provision of services to you is illegal or ceases to be legal), or
(C) the company terminates the Services in the country in which you reside or use the Services, or
(D) the provision of services becomes unprofitable from the point of view of the company.
(E) you refuse to comply with or are in violation of the Center Visiting Rules.

If you refuse to comply with or grossly violate the rules for visiting women's development centers, we have the right not to allow you to attend classes (seminars, master classes) and terminate the contract unilaterally.
If you attempt to interfere with the operation of the website, servers and other automated systems of the company or grossly violate the Terms, or if we suspect you of doing so, we may suspend or completely block your access to the website and services.

Unilateral cancellation of the contract on valid grounds
Each party has the right to withdraw from the contract unilaterally for good reason.
In particular, we have the right to cancel your account and terminate the agreement immediately if you repeatedly violate the Terms in a flagrant manner, as well as in the event of a debt in payment for services.

20. PERSONAL DATA

We process your personal data in accordance with our Privacy Policy. You can always find the current version of the Privacy Policy on the website. These terms govern the collection, processing, use and protection of your personal data.
By using the website or services, filling out the registration forms on the website, you agree to our Privacy Policy and consent to the collection and processing of your personal data under the specified conditions. If you do not agree with them, please stop using the website.

21. PHOTO AND VIDEO SHOOTING OF PARTICIPANTS OF CLASSES

By accepting the TERMS (by accepting the offer), you give us consent to:
(A) organizing and maintaining photo, audio and video recording, as well as webcasts of open classes and events (sessions, debriefs and group classes), with your participation;
(B) the use by the company of photo and video materials containing your image, as well as your voice and your performance for advertising purposes (including their processing and placement on the Internet).

22. CHANGES TO THE TERMS OF SERVICE

We reserve the right to change or supplement the text of this offer (GENERAL CONDITIONS OF THE AGREEMENT) by posting an appropriate notice and a new version of the Offer on this page. We strongly recommend that you regularly check this page and the last modified date at the top of the page.
In the event of a change in the SPECIAL TERMS of the contract, we will post the new version of the SPECIAL TERMS directly on the product description page.
If you do not object to the validity of the new TERMS and continue to use the Services, the new version of the Terms is deemed to be accepted by you.
You understand and agree that your use of the Services after a change to the GENERAL or SPECIFIC TERMS and CONDITIONS is considered by us as your acceptance of these TERMS. In the event that you object to the revised TERMS and CONDITIONS, we expressly reserve the right to unilaterally withdraw from the contract in due course.

23. GENERAL LEGAL TERMS

Validity of provisions

In the event of any conflict between the SPECIAL TERMS and the GENERAL TERMS, the provisions of the SPECIAL TERMS relating to the relevant Service shall prevail.
If any judicial body authorized to consider this issue recognizes the invalidity of one of the provisions of the concluded agreement (GENERAL or SPECIAL CONDITIONS), the corresponding provision will be excluded from the agreement, while maintaining the validity of the remaining provisions. The remaining provisions of the contract will still be valid and enforceable.

Applicable law
The relations of the parties are governed by the provisions of the legislation of Ukraine. In terms of consumer protection legislation, the laws of the user's country of residence apply.

24. SPECIAL TERMS FOR ORGANIZATIONS

If you represent an organization, you represent and warrant that you are authorized to act on behalf of the organization and have sufficient authority to accept these TERMS.

CONTACT US

Custumer care service
Mon-Sun, 9:00-22:00 Kyiv time

For payment questions
Mon-Fri, 10:00-19:00 Kyiv time

Atmalogiya OÜ
Registrikood 16460596
Harju maakond, Tallinn, Kesklinna linnaosa, 12011
happy@ishchenko.pro