PUBLIC CONTRACT OFFERLast 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/
, 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).
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.
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
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.
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 firstname.lastname@example.org, 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.