This offer is addressed to individuals (hereinafter referred to as the “Customer”) and is a public offer from a private entity of the enterprise Oleksiy Sergiyovich FOP Bondarenko (registration number 3475003436, Kiev, Ukraine) to conclude an agreement, which is posted on the Internet at: https: //openmind.academy (hereinafter referred to as the “Agreement”), on the following terms:
1. SUBJECT OF THE CONTRACT
1.1. The Contractor undertakes to provide information and consulting services (hereinafter – “Products” / “Services”) selected by the Customer, and the Customer undertakes to pay their cost to the Contractor.
1.2. In the context of this Agreement, the Products are the organization and conduct of author’s trainings (including on-line trainings), providing access to electronic versions of video, audio courses and audiobooks protected by the legislation of Ukraine in the field of intellectual property. Their list, terms of purchase and other conditions are presented at https://openmind.academy (hereinafter referred to as the “site”). The training plan can be adjusted by the Contractor depending on the previous training of the participants, goals and tasks.
1.3. In accordance with the terms of this Agreement, on-line training is a training conducted using the means of remote communication (Internet) in the audioconference and / or videoconference mode, in accordance with the Agreement and the rules for using the site and products posted on the site (hereinafter – ” Rules “), which are an integral part of this Agreement.
2. PRICE OF THE PRODUCT. PAYMENT PROCEDURE
2.1. The price of the Product is the price of the selected service, which is indicated on the website.
2.2. The Contractor may unilaterally change the price of the Product until the moment the Customer pays for it, by publishing the new price on the website.
2.3. The Customer pays for the selected Product by 100% prepayment within the time specified on the website and / or in the invoice sent by the Contractor to the Customer for his order. In some cases, the Contractor’s website may offer a different procedure for making payment for the Product (deferral, installment plan, etc.).
2.4. The Customer notifies the Contractor about the payment made by providing the data necessary to identify the payment in the way specified in the instructions for making the payment.
2.4. The settlement between the Parties is carried out in a non-cash form by transferring funds to the current account of the Contractor specified in the invoice sent to the Customer for his order or in another convenient way for the Customer from the options provided on the website.
2.5. The product is considered paid from the date the corresponding amount is credited to the Contractor’s bank account within the specified period.
2.6. Payment by the Customer for the Product is the conclusion of this Agreement (acceptance of the offer).
2.7. Refunds paid by the Customer in the event of termination or termination of this Agreement or non-receipt by the Customer of the paid Product due to incomplete payment is not made. This condition remains in effect and is also valid after termination or termination of the Agreement.
To refuse services and make a return, write to us at the address or contact the support service at the phone number listed on the website https://openmind.academy. We will acknowledge receipt of your return request by email to the address provided during checkout. To make a return, be sure to tell us: full name and email specified when placing an order; the name of the Service (course, service package); date of order; payment information; reasons for refusing services, as well as other necessary information.
You understand that if you do not provide the necessary information, we have the right to refuse you a return and not consider your request.
2.8. The costs, including the bank commission, for the transfer of funds by the Customer under this Agreement shall be borne by the Customer.
3. PROCEDURE FOR PROVIDING THE PRODUCT
3.1. In case of full agreement with all the terms of this Agreement, the Customer registers to receive the product on the website, filling in all the required fields of the order form.
3.2. To confirm acceptance of the order, the Contractor sends the Customer an invoice for payment of the Product selected by the Customer by electronic or other means. The Customer, in turn, pays for the Product using one of the proposed methods and must notify of payment in the way specified in the invoice for payment of the product.
3.3. The Agreement is considered concluded from the date of payment (partial payment by installments) of the Product in the manner specified in clause 2 of this Agreement or receipt of the Product, whichever comes first.
3.4. To receive the Product via e-mail, as well as when participating in on-line training, the Customer is obliged to provide technical capabilities and conditions for receiving information from the Contractor (Internet access, the technically required minimum data transfer rate, etc.), in accordance with with the terms of this Agreement, the Rules and instructions of the Contractor (clause 1.2. of the Agreement).
3.5. The training schedule can be changed unilaterally by the Contractor. Informing the Customer about the additional conditions of the training and / or changes in the procedure for conducting it is carried out by posting the relevant information on the website and / or in a closed group on Facebook and / or using the means of communication (e-mail, Skype, phone), which were indicated by the Customer. when placing an order (registration).
3.6. In case of payment and reasonable impossibility to take part in the course, about which the Customer notified the Contractor at least 72 hours in advance, then within one year from the start of the missed training, at the request of the Customer, the Contractor either provides the Customer with access to the audio version of the training or provides For the customer the opportunity to undergo training with another group.
3.7. The product is considered to be provided by the Contractor upon its provision (for example, training; provision of links by means of electronic communication for access to on-line training, electronic versions of video, audio courses, audiobooks, etc.) and received, as well as accepted by the Customer in case the absence of claims from him within seven days from the date of payment for the Product, and with participation in the training – from the date of the training (each stage separately), without the Customer sending the Contractor a return notification of receipt.
3.8. In the event of a partial prepayment of the Product and non-payment of the remainder of its value within the specified period, the Contractor has the right to prevent or remove the Customer from participating in the training without a refund. After full payment for the Product in the manner prescribed in clause 2 of this Agreement, the Contractor, in accordance with clause 3.6. Of the Agreement, provides the Customer with the Product (allows the Customer to participate in the training / provides him with access to the audio version of the missed training (its individual lessons), if the delay in payment is no more than a year from the date of the first payment.
3.9. The Customer understands and realizes that during the training, television and / or video filming and / or audio recording or other technical registration of the training may be carried out, and by concluding the Agreement, the Customer gives permission to the Contractor to perform such filming / recording.
3.10. The Contractor undertakes not to disclose and not make publicly available to anyone other than the direct participants of the training (group), any personal data and circumstances of the personal life of the Customer, as well as information about his emotional and psychological state at the time of the training or in the past, which will become known to him from the words of the Customer.
3.11. By concluding the Agreement, the Customer gives the Contractor the right to use the results of the technical registration of the training in accordance with clause 3.9 in any form and by any means without agreement with the Customer, including in all projects and / or events that are organized and / or conducted by the Contractor, if this is not contradicts clause 3.10.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Customer’s rights:
4.1.1. choose any of the offered Products;
4.1.2. receive from the Contractor all the necessary information related to the Product in the manner and on the terms according to the Agreement;
4.1.3. refuse the Product before its payment / first payment by installments;
4.1.4. receive the paid Product;
4.1.5. block the Customer’s access to the Product and the Contractor’s resources, provided that the Customer violates clause 4.3. of this Agreement;
4.1.6. submit an application for blocking public access to the Product unlawfully posted by the Customer on a third-party resource;
4.1.7. demand in the manner prescribed by clause 5.7. of this Agreement, payment of a fine by the Customer for violations of clause 4.3. Of the Agreement;
4.1.8. publish reviews and statements about the Customer’s unfair behavior on the Internet if the Customer violates the terms of this Agreement;
4.1.9. to unilaterally withdraw from this Agreement in the cases provided for by the Agreement and the current legislation of Ukraine. Such a refusal does not oblige the Contractor to return the funds paid for the Products, unless the refusal occurred due to the Contractor’s violation of the terms of the Agreement.
4.2. Obligations of the Customer:
4.2.1. pay for the selected Product in the manner and terms specified in clause 2 of the Agreement;
4.2.2. adhere to the Rules, instructions of the Contractor and the terms of this Agreement;
4.2.3. provide information to the Contractor for communication in the manner of clause 3.1. Of the Agreement;
4.2.4. notify the Contractor about the change in contact information (e-mail, Skype, phone) by e-mail;
4.2.5. ensure the proper operation of the technical means for obtaining the Product;
4.2.6. not to violate the copyright of the Contractor by distributing (transferring, posting on the Internet, etc.) any information received by the Customer, incl. during the training, with video, audio courses and audiobooks.
4.3. The customer undertakes not to perform the following actions:
4.3.1. make video and audio recording of the training, except with the written permission of the Contractor;
4.3.2. distribute the video, audio recording of the training in any of the possible ways, including by uploading the video, audio recording of the training to any existing or those that will exist resources / sites (so-called “folds”) on the Internet
4.3. 3. distribute materials of the Products in the form of decryption, that is, translation of audio or video materials into text format, and translation into other languages;
4.3.4. use the information / Product received from the Contractor for commercial purposes, including by retelling or disseminating knowledge and fundamentals received from the Contractor or by any other means;
4.3.5. use the information and knowledge received from the Contractor, including (without limitation) for the purpose of creating a similar and / or competitive product or service or for the purpose of obtaining commercial or financial gain;
4.3.6. organize or conduct own trainings or classes based on trainings (webinars, etc.) of the Contractor;
4.3.7. carry out actions aimed at disrupting the normal functioning and conducting trainings;
4.3.8. transfer and / or provide access or make the training broadcast program available to any third parties (any person other than the Parties to this Agreement);
4.3.9. allow the dissemination of inaccurate, false information, information discrediting the honor, dignity, business reputation of the Contractor, coaches and other persons, as well as information that encourages and calls for interethnic, ethnic racial intolerance, discord, war, a change in the state system of countries, information, the dissemination of which prohibited by the current legislation of Ukraine;
4.3.10. express unethical value judgments about the psychological and emotional state, actions, behavior, worldview of other training participants.
4.3.11. carry out other actions not provided for by the Agreement and the Rules, but containing the composition of a criminal or administrative offense, or violating the rights and legitimate interests of the Contractor or third parties.
4.4. Contractor’s rights:
4.4.1. independently determine the price of the Product;
4.4.2. make changes to the schedule of classes in accordance with clause 1.2. Of the Agreement;
4.4.3. remove the Customer from participation in the training in case of violation of the terms of the Agreement and the Rules, with the subsequent provision of the Customer (at his request) with access to the audio version of the training by providing a link for downloading or listening;
4.4.4. update the content, functionality and user interface of the site and broadcast programs at its sole discretion. The Contractor has the right to inform the Customer about the modifications made by posting the relevant information on the website and / or by writing to the e-mail address and / or in the group chat;
4.4.5. during the training to carry out its audio, video recording;
4.4.6. to unilaterally cancel the Agreement without refund in the following cases:
18.104.22.168. non-observance by the Customer of the order and terms of payment;
22.214.171.124. violation by the Customer of section 7. of the Agreement, cl. 4.2., 4.3., 9.2. and p. 9.3. Of the Agreement.
4.5. Obligations of the Contractor:
4.5.1. provide the Product selected and paid for by the Customer, in the case of payment by installments – in the paid part of it;
4.5.2. inform the Customer about additional conditions and upcoming changes in the training procedure (schedule, transfer of classes, etc.) by posting relevant information on the website and / or by writing to the email address, Skype and / or in the Facebook group;
4.5.3. if necessary, provide the Customer with the materials necessary for participation in the training on the terms of the Agreement.
5. RESPONSIBILITY OF THE PARTIES 5.1. The parties for violation of the terms of this Agreement are liable in accordance with the current legislation of Ukraine.
5.2. The Contractor is not responsible for violation of the terms of the Agreement if the Customer provides false and / or incomplete information regarding himself during the ordering process, incl. contact information (e-mail, Skype, phone, etc.), as well as if the Customer does not provide new contact information (e-mail, Skype, phone) when it is changed.
5.3. If the Customer does not receive the Product through no fault of the Contractor or the Customer is removed from the training due to violation of the Agreement and / or the Rules, the funds paid by the Customer for the Product will not be returned.
5.4. The Contractor is responsible for violation of the terms of the Agreement, only if the improper performance was due to his fault.
5.5. The Contractor is not responsible for the modification of the training program and changes in the training schedule, as well as for the quality of public communication channels through which access to the Products is provided.
5.6. In case of violation of the Contractor’s copyright by distributing audio and video recordings of the Product on third-party resources, the Customer bears criminal responsibility in accordance with Art. 176 of the Criminal Code of Ukraine.
5.7. If the Contractor establishes a violation by the Customer of the obligations detailed in clause 4.3. of this Agreement, the Contractor sends a notification to the Customer’s e-mail about the violation of the terms of the Agreement by the latter. Within 5 (five) calendar days after receiving this notification, the Customer undertakes to pay a fine in the amount of 1000 dollars. United States (one thousand US dollars) based on the established NBU rate on the day the notification was sent. Otherwise, upon the expiration of 5 (five) calendar days, the Contractor in a judicial proceeding collects the corresponding amount of the fine from the Customer forcibly.
6. FORCE MAJEURE
6.1. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if this failure occurred as a result of the onset, action and consequences of force majeure that arose after the conclusion of the Agreement and to which the Parties refer: flood, fire, earthquake, explosion, storm , subsidence of soils, epidemics and other natural phenomena, as well as war or hostilities, power outages, interruptions in the operation of the Internet and other circumstances that did not arise at the will of the Parties and which impede the fulfillment of the terms of this Agreement.
6.2. A Party must notify the other Party about the effect of force majeure circumstances no later than one day from the date of their occurrence or from the day when it became possible to carry out such notification by posting relevant information on http://openmind.academy/wine or by notification by means of electronic (mail, Skype, in a Facebook group) or telephone communication.
6.3. After the termination (elimination) of force majeure, the Contractor may provide the Customer with access to the electronic version of the training (mp3) on the Internet or a link to download it, or postpone the training to another date. In this case, it will be considered that the Contractor has fulfilled its obligations under this Agreement in an appropriate manner.
7. GUARANTEES OF THE PARTIES
7.1. The Contractor, observing the quality of the services provided, does not guarantee absolute continuity or error-free provision of services.
7.2. With the exception of the guarantees expressly stated in the text of the Contract, the Contractor does not provide any other direct or implied guarantees under the Contract and expressly disclaims any guarantees or conditions regarding non-infringement of the rights of conformity of the services to the specific purposes of the Customer.
7.3. The Contractor is not an educational institution and does not issue any certificates, licenses, etc. The Performer is not engaged in medical or any other medical or educational (pedagogical) activity.
7.4. By agreeing to the terms and accepting the terms of this Agreement by paying for the Product, the Customer assures the Contractor and guarantees that:
7.4.1. The Customer provided reliable data, including his personal data, when registering on the website, as well as when processing payment documents for the payment of the Product.
7.4.2. Will not use the Contractor’s training in order to incite other participants of the training to use any products or services, including competitive ones.
7.4.3. The Customer enters into the Contract voluntarily, while the Customer: fully acquainted with the terms of this Contract fully understands the subject of the Contract (offer); fully understands the meaning and consequences of their actions in relation to the conclusion and execution of the Contract.7.4.4. The Customer has all the rights and powers necessary for the conclusion and execution of the Contract.
8. TERM OF THE AGREEMENT
8.1. The Agreement comes into force from the moment of its conclusion (clause 3.3. of the Agreement) and is valid until the Parties fully and properly fulfill their obligations under it or terminate it, which will come earlier.
8.2. In case of unilateral withdrawal from the Agreement, the Party must notify the other Party at least ten working days before the desired termination date in accordance with the procedure provided for in clause 9.8. of this Agreement.
9.2. The copyrights to the materials provided under this Agreement belong to the Contractor. It is not allowed to copy, reproduce, distribute or use them without the prior permission of the Contractor. The Customer acknowledges and agrees that all rights, title and profit from all intellectual property rights to the Contractor’s Products, all copyrighted developments and materials used belong to the Contractor (the relevant trainer, organization, etc.). With the exception of the rights of use provided for in this Agreement, the materials, knowledge, and developments transferred to the Customer do not grant any intellectual property rights to them, as well as rights of use except for personal non-commercial purposes. All rights are reserved for the Performer.
9.3. The Customer undertakes to indicate the authorship and/or provide a link to the Performer (on the Internet, an active hyperlink to the website at: https://openmind.academy ) with any written or oral mention or use of Products, including materials and information obtained during the training.
9.4. The Parties have agreed that the exchange or return of the Product, which is the subject of the Contract, is not allowed. In case of conclusion of the Contract, the Customer confirms the fact of providing the necessary information regarding the Product.
9.5. Discrepancies that arise during the execution of this Agreement shall be resolved through negotiations. In case of failure to reach an agreement between the Parties, the dispute is considered in court.
9.6. If one or more provisions of the Agreement are for any reason invalid, unenforceable, such invalidity does not affect the validity of any other provisions of the Agreement that remain in force.
9.8. Any notifications, agreements under the Contract, including the Customer’s requests regarding the provision of Products, and the Contractor’s responses to these requests, are sent by one Party to the other Party by e-mail:
a) to the Customer’s e-mail address (e-mail) from which the application was sent or which was specified by the Customer when placing the order, or in the message about their replacement, from the Contractor’s e-mail address, if the recipient is the Customer;
b) to the Contractor’s e-mail address, from the Customer’s e-mail address, from which the application was sent or indicated by him when placing the order, or in a message about their replacement, if the recipient is the Contractor.