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Agreement for Provision of Reimbursable Information and Counseling Services

  1. General Provisions
    1. Information provided below constitutes an offer (hereinafter referred to as the Public Offer) on behalf of CARTEL MARKET DMCC legal entity, incorporated and registered under the laws of the United Arab Emirates, Reg.No DMCC190027, License No DMCC-805817, located at Unit No 1739 DMCC Business Center Level No 1 Jewellery and Gemplex 3 Dubai, United Arab Emirates (hereinafter referred to as the Contractor), addressed to the User of https://ivankroshnyi.com/ website (hereinafter referred to as the Customer) to conclude a Public Agreement for Provision of Reimbursable Information and Counseling Services (hereinafter referred to as the Agreement) pursuant to the terms and conditions listed below.
    2. The acceptance of this Agreement by the Customer is the completion of a contact form or any other explicit acts carried out by the Customer on https://ivankroshnyi.com/ website belonging to the Contractor (hereinafter referred to as the Website) for the purposes of gaining access to Business Roadmap training course (hereinafter referred to as the Services) and transfer of the Customer’s payment of the full cost of Services to the Contractor's settlement or any other account. The cost of the Services is indicated in the relevant descriptions on the Contractor’s Website.
    3. The Agreement between the Customer and the Contractor in relation to the Service selected by the Customer shall be deemed concluded as of the date of Agreement acceptance according to the procedure stipulated by Section 1.2 hereof.
    4. Offer Agreement shall require no sealing and/or signing by the Customer and the Contractor (hereinafter referred to as the Parties) but is nevertheless regarded as a valid legal act.
  2. Subject of the Agreement
    1. The subject of the following Agreement is a reimbursable provision of Services by the Contractor to the Customer under the procedures and within the time limits stipulated by this Offer and description of Services on the Website (hereinafter referred to as the Terms and Conditions) which constitute an inseparable part hereof.
  3. Terms and Procedure for Services Provision
    1. The Services under this Agreement shall be provided to the fullest extent subject to their 100% payment by the Customer (another payment procedure shall be possible pursuant to the terms and conditions of the Special (special offer), or provision of the Customer with a personal discount on terms proposed by the Contractor on the Website). The payment date shall be the date when the funds are credited to the Contractor’s settlement account, e-wallets, or payment system with which the Contractor has concluded a relevant agreement.
    2. The Services shall be paid on the Contractor’s Website.
      Until the payment for the Services is effected, the Customer shall indicate his or her own contact details and other information in a special registration form on the Contractor's Website. The Customer shall be held fully liable for the accuracy and authenticity of contact details entered. The Contractor shall not, in any event, be held liable to the Customer under this Agreement for the provision of inaccurate and/or false information by the Customer, unless the latter proves that his or her actions were not linked to direct intent, and inaccurate information was entered as a result of a technical or any other error.
    3. Payment hereunder shall be made upon the issuance of an invoice by the Contractor or without it as agreed by the Parties. As soon as the Customer’s payment is credited to the Contractor's account, the Customer shall receive a relevant automatic confirmation via email within 24 hours.
    4. The Customer shall personally participate in all activities outlined in the Services paid by the Customer. The Customer shall have no right to make any photo, video, and audio recordings of any activities whatsoever associated with his/her participation in the course of Services provision.
    5. The Contractor shall provide the Customer with information linked to the procedure for participation in all activities within the framework of Services provision. Subject to provision of the Customer with complete information concerning the procedure for the Customer's participation in the aforementioned activities, Contractor’s obligations hereunder shall be deemed fulfilled in full.
    6. Acceptance by the Customer of the Services provided shall be effected without the signing of any services acceptance certificates whatsoever.
    7. Services hereunder shall be provided personally to the Customer for his/her personal use only. Transferring logins and/or passwords granting access to the activities to any third parties for their joint use without the Contractor’s express permission is strictly prohibited.
    8. All materials used in the course of the Services provision herein are deemed strictly confidential, protected by intellectual property laws, copyright and related rights. This protection applies to any texts, software, tables and images, multimedia and video materials, recommendations, face-to-face and remote consultation means, along with other objects of copyright law. The Customer shall have no right to distribute through publishing, posting on website pages, copying, transferring or reselling to any third parties whatsoever the information and materials provided to the Customer hereunder for commercial or non-commercial use, create information products based thereon, as well as use this information in any manner whatsoever other than for personal use. Customer’s acts and/or omissions that entail a violation of rights belonging to copyright holders or aimed at violating their rights to any materials, website, objects of sale or components thereof shall result in criminal, civil and administrative liability provided for by the law.
    9. The Customer shall have no right to demand from Contractor any compensation for moral and/or material damage, both during the term of this Agreement and upon expiration or early termination thereof.
    10. Any and all expenses linked to the payment transfer hereunder to the Contractor’s account shall be borne by the Customer.
    11. The Customer shall have the right to refuse to receive the Services under this Agreement pursuant to the procedure prescribed hereby and provided that the Customer pays the Customer’s expenses incurred by him/her in the course of fulfillment of obligations hereunder.
  4. Special Provisions
    1. The Customer shall have no right to decline the provision of reimbursable Services and demand a refund from the Contractor.
    2. If the failure to provide the Services is caused through the fault of the Contractor or any other persons engaged by the latter, the 100% of the payment made shall be refunded to the Customer, except in cases of force majeure circumstances.
    3. The Contractor shall have the right to make any alterations or modifications to the Terms and Conditions and/or any provision hereof unilaterally at any time without securing Customer’s prior approval of the said changes. The Contractor shall publish modified Terms and Conditions on the Website, at least one day prior to the entry into force of the aforementioned alterations or modifications.
    4. All Services of the Website shall be provided on the as-is basis. The Contractor shall not guarantee the availability of the Website at any time.
    5. The Contractor shall use all reasonable efforts to prevent failures and malfunctions of the Website; however, the Contractor does not guarantee uninterrupted operation thereof, shall not be held liable for it and does not undertake to notify the Customer of any disruptions in the Website’s operation.
  5. Responsibilities of the Parties
    1. The Customer shall ensure an uninterrupted Internet connection, operability of its hardware and Customer’s software for online participation of the latter in the activities pursuant to the Terms and Conditions. Any claims of the Customer against the Contractor or third parties shall not be accepted in cases where the Customer is unable to participate in the activities stipulated by the relevant Service for reasons beyond reasonable control of the Contractor and/or persons engaged by the latter. Under no circumstances shall the Contractor be held liable for the Customer's inability to participate in remote activities for reasons related, including, but not limited to, disruption in operation of the Internet channel, hardware or Customer’s software.
    2. Should the Customer's request for access to the Service contain inaccurate or incomplete information, the Contractor shall not be held liable to the Customer.
    3. The Contractor shall not be held liable for the manner in which the Customer uses the information received in the course of provision of the Services, and for the outcome thereof.
    4. The use of the information available on the Contractor’s Website and/or receipt of the Services shall in no way be treated as a guarantee of an outcome anticipated by the Customer. The decision to use obtained skills and/or any information shall be the sole responsibility of the Customer.
    5. All Services hereunder are of informational nature, intended for educational purposes only and shall in no way be treated as direct guidance for action.
  6. Dispute Settlement Procedure
    1. The Parties to this Agreement shall endeavor to settle all disputes, controversy or claims arising out of or in connection with this Agreement through pre-trial settlement. Time for receipt of a response to the claim is 5 (five) business days as of the date of receipt of the relevant claim.
    2. Should the Parties fail to settle a dispute arising out of or in connection with this Agreement, violation, termination or invalidity thereof through claim procedure, the dispute in question shall be resolved in a court at the Contractor’s location pursuant to the applicable legislation.
    3. The aggregate responsibility of the Contractor hereunder in relation to any lawsuit or claim in connection hereof or performance of this Contract shall be limited by the amount paid by the Customer to the Contractor under this Agreement.
  7. Personal Information
    1. The Contractor shall collect and process Customers’ personal information, namely full name, email, and phone number, to ensure:
      – fulfillment of conditions stipulated hereunder
      – appropriate provision of the relevant Services
      – notifying the Customer of special offers and promotions relating to the Services.
    2. By placing an order for the Services on the Contractor’s Website, the Customer shall agree to his/her personal data processing in order to comply with obligations outlined herein.
    3. When collecting and processing personal information, the Contractor has no other agenda except the objectives stipulated by Section 7.1 hereof. The Contractor shall have the right to transfer Customer’s personal information to third parties engaged by the Contractor for appropriate provision of Contractor’s obligations under this Agreement. The Customer shall give his/her consent to the aforementioned transfer.
    4. The Customer agrees to the processing and use by the Contractor of the information provided by him/her and (or) his/her personal information to send newsletters about the Contractor’s activities and/or advertisements about the Contractor’s services and/or partners at the phone number and/or email indicated by the Customer. Consent to receive the newsletter shall be deemed granted indefinitely until the Contractor receives a written email notification about the refusal to receive newsletters.
  8. Agreement Termination
    1. This Agreement:
      • shall remain valid until both parties fulfill their obligations hereunder in full.
      • can be terminated based on the Contractor’s decision at any time. In case of an early termination of the Services provision at the Contractor’s initiative, the funds shall be refunded to the Customer in proportion to the volume of actually provided Services.
      • can be terminated in accordance with the Customer’s decision provided that the Contractor is duly notified in writing pursuant to the procedure stipulated by this Agreement.
      • at the Contractor’s initiative, should the Customer violate any terms and conditions outlined, in which case, the Customer shall have no right to demand the refund of the money paid by the Customer earlier for the Services; 8.1.4. For any other reasons stipulated hereby and according to the applicable legislation.
    2. Termination of the Agreement for any reason shall not release the Parties from the liability for the violation thereof arising in the course of its duration.
    3. Unilateral extrajudicial termination of the Agreement is done by written notice of a unilateral refusal to perform the following Agreement with the mandatory indication of the reason for it. A notification made by email or other services enabling message exchange online and accurately identifying the sender shall be deemed equivalent to a written notification.
  9. Force Majeure Circumstances
    1. The Parties shall be released from the liability for partial or full failure to perform this Agreement if it is caused by force majeure circumstances arising after the conclusion of this Agreement as a result of extraordinary events the Parties can neither predict nor prevent through any reasonable efforts.
    2. Force majeure circumstances are events that the Parties have no control over and shall not be held liable for occurrence thereof. These include but are not limited to war, revolt, strike, earthquake, flood, fire, severe weather conditions or other disasters, government regulations, orders (decrees) passed by the public authorities and officials, laws and other regulations of the competent authorities adopted following the acceptance of this Agreement and preventing the Parties from fulfilling the obligations hereunder as well as the actions of state or local authorities and administration or representatives thereof that impede the compliance with the obligations stipulated herein.
    3. In the event of force majeure preventing the Parties from complying with the obligations outlined herein, the deadline for performance of this Agreement shall be postponed in proportion to the duration of the said circumstances along with the time needed to eliminate them, but shall not exceed 3 (three) months.
    4. Should the force majeure circumstances remain for a longer period of time than the one indicated in clause 9.3 hereof, or in cases where upon their occurrence, it becomes obvious to either Party that the said circumstances shall continue for a period exceeding the one mentioned earlier, the Parties shall discuss the alternative ways of complying with the obligations set forth herein or its termination.
  10. Result of Intellectual Activity
    1. The following Agreement is of a license nature pursuant to applicable legislation.
    2. The Contractor shall have all exclusive rights to any intellectual property of the Customer in the course of accessing the Business Roadmap training course (hereinafter referred to as the Course) according to this Agreement.
    3. The Customer shall be granted a non-exclusive right to use the Course for playback and viewing purposes. In addition, the Course recorded on an electronic medium, including computer recording shall not be deemed a playback and is strictly prohibited.
    4. The Customer shall personally use the Course and not for any commercial purposes.
    5. As of the date the Customer is given the right to access the Course, the Contractor shall provide the Customer with a non-exclusive right to use the Course for purposes listed in clause 10.3. hereof on a reimbursable basis to the extent and for the duration stipulated herein.
    6. The rights of the Course use shall be transferred by granting the access.
    7. The rights to the Website, including the rights to any deliverables of intellectual activity, the software code, design works published on the Website, texts, and individualization means (brand name, trademarks, service marks, and commercial names and designations) are owned by the Contractor.
    8. The use of the Website does not provide for the transfer of rights to the Website or any components thereof. The Customer shall be granted a limited right to use the Website subject to the Terms and Conditions hereof. The said right may be terminated at any time in accordance with the Terms and Conditions hereof and other agreements between the Parties.
  11. The Customer shall not have the right to use the deliverables of intellectual activity available on the Website, including, but not no limited to text, design elements, graphics as well as the software code of the Website, any content thereof without the Contractor’s prior written consent including, but not limited to reproduction, copying, processing and distribution in any form whatsoever.
    1. The Customer shall have no right to demand introduction of any alterations or modifications to the Services or Website information.
    2. The Contractor shall not be held liable for warranties of merchantability of the Website, shall not guarantee that the Website matches certain requests of the Customer or offers the possibility to customize sections of the Website in accordance with Customer’s preferences. In addition, the Contractor shall not guarantee that the Website’s software does not have any defects or errors and shall run without interruptions at all times.
    3. The Customer shall have no right to use the Website to send messages of advertising nature and for any other purposes not linked to the Website use.
    4. Should the Customer become aware of the personal information belonging to other Course participants during Services provision hereunder or upon expiration thereof, the Customer shall not have the right to use the said information for personal purposes and/or hand it over to any third parties whatsoever.
    5. Should the Customer violate any of the Terms and Conditions outlined herein, the Contractor shall have the right to limit the Customer’s access to the Course and shall not return the payment to the Customer pursuant to this Agreement.
    6. The Customer’s actions that violate the copyrights owned by the Contractor or any third parties shall entail the legal liability of the Customer pursuant to applicable legislation. Where this is the case, the Customer shall compensate the Contractor for the losses incurred and pay the Contractor a fine which is ten times the cost of this Agreement.
    7. The Customer acknowledges that in cases where copyright is violated by Contractor or any third parties, to secure a claim in the event of exclusive right infringement, the Contractor may take interim measures proportionate to the scope and nature of the offense established pursuant to the applicable procedural law, including seize physical media, equipment and materials and prohibit relevant actions within information and telecommunication networks, should it be assumed that the exclusive right to the deliverables of intellectual activity or individualization means has been infringed in relation to the said physical media, equipment and materials or to the actions in question.