Public offer contract

Physical person-entrepreneur Pasternak Zhanna Vasylivna (hereinafter - the Contractor) offers individuals or legal entities (hereinafter - the Student) (together - the Parties, separately - the Party) to join this public contract (offer) for the purchase of services (hereinafter - the Contract) on the terms and conditions defined herein and in accordance with the selected list of services.

This Contract includes not only the terms and conditions that are directly contained in the text of the Contract, but also all terms and conditions published on the Contractor's website.

The Ukrainian and Russian versions of the public offer agreement are presented on the website. In case of disputes the text of the Ukrainian version of the public offer agreement has priority.

TERMINES

Student - any natural or legal person with civil legal capacity and interested in receiving services offered by the Provider.

Learning materials - texts, infographics, presentations, guides, chatbots, images, audio, video materials, works, simulators, templates, courses, which are placed on the Platform and/or provided to the Student by the Contractor in paper, electronic or other forms, as well as consultations, support, lectures, trainings, live broadcasts in social networks, messengers, etc. conducted by the Contractor. (offline or remotely via the Internet) in the process of rendering services. The content and volume of the Training Materials for different services are different, depending on the type of services and Tariff selected by the Student.

Course - a set of training materials (text, audio, video materials, assignments, etc.), prepared in accordance with a certain subject, access to which is provided under the conditions specified on the Contractor's website.

Consultation - a form of interaction in which the Student receives answers from the Contractor to specific questions or clarifications of certain theoretical provisions or aspects of their practical application.

Period - the period of service provision, the period of Student's access to the Provider's services as defined on the website in relation to the selected service.

Platform - a resource defined by the Contractor (Instagram-page, Telegram-channel, Telegram-group, platforms, applications, etc.), where the Contractor places the Learning Materials and interacts with the Student in order to fulfill the terms of the Agreement. The Contractor may use several Platforms simultaneously, different Platforms for different types of services, and notify the Student about it. The Contractor may, at its own discretion, change the Platform to another specialized software environment, in which case the Student is obliged to familiarize himself/herself with the functionality, rules of operation of the Platform and ensure the possibility of using it.

Program - names and number of topics, format, number of Learning Materials, class schedule, other information posted on the Contractor's website, on the Contractor's social media pages, in promotional materials or communicated to the Student in any messenger upon request.

The Contractor's website - a web page (a set of web pages accessed using the specified domain name) in the Internet at the address hondorchyn.com, which is the official source of informing Students about the Contractor's activities, services provided and their cost. The Contractor may, at its discretion, change the website address, notifying the Student on the Contractor's Instagram or Instagram social network page and Facebook page.

Tariffs - information about the cost of services, payment terms, discount terms, other useful benefits, terms of access to the Training Materials and/or the Platform.

 

CONTRACT SUBJECT

1.1 The Contractor shall provide the services specified on the website, and the Student shall accept and pay for the selected service on the terms and in the manner provided for in this Agreement.

1.2 The Contractor shall independently form a list of services that can be provided to the Student on the basis of this Agreement and shall place such list on the Contractor's website, on the pages of social networks, in advertising materials, as well as at the request of the Student shall inform him/her of this information in any messenger.

1.3 The content of the service under the Agreement consists in providing the Student with access to the relevant Learning Materials on the Platform determined by the Contractor, depends on the type of services and Tariff selected by the Student, is detailed (titles and number of topics, format, number and types of materials, schedule) in the description of services on the Contractor's website and in the Learning Materials Program.

1.4 The Services are of informational, educational and consulting nature. The services are not educational services subject to licensing in accordance with the current legislation of Ukraine, and are not a treatment plan, as they are only of a recommendatory nature.

1.5 The student bears the risks for his/her own health during and after the study materials: independently conducts examinations, analyzes contraindications, realizes the necessity of studying the theoretical and practical part of the course.

1.6 The period of access to the Training Materials may be limited in time, as indicated in the relevant Tariff.

1.7 The Provider reserves the right to change the content of the service, provided that the corresponding change is made in the description of the service on the Provider's website prior to the purchase of this service by the Student.

ACCEPTANCE OF THE OFFER

2.1 This Agreement shall be deemed concluded from the moment the Student accepts the public offer. Acceptance of the offer shall be deemed to be full payment for the services in accordance with the selected Tariff, in the manner and on the terms specified in this Agreement. In case of payment for services in installments, acceptance of the offer shall be confirmed by payment of the first installment by the Student.

2.2 By making the payment, the Student confirms that he/she has familiarized himself/herself with the terms and conditions of the offer of the Provider. If the Student does not agree with any of the provisions of this Agreement, he/she shall not perform actions aimed at accepting the offer and shall immediately stop using the Contractor's website.

2.3 In case of conclusion of the Contract on behalf of a legal entity, the representative of the legal entity shall have appropriate powers and provide confirmation of these powers to the Contractor. The person, who accepted the offer on behalf of a legal entity, declares and guarantees that he is authorized to act on behalf of this legal entity and has sufficient rights to accept the terms of the offer.

2.4 When using the site and its free materials or services posted in the public areas of the site, the Student enters into an agreement with the Provider for the use of the site materials.

TERMS OF SERVICE

3.1 To receive services under this Agreement, the Student is obliged to provide the Contractor with the following information: surname, first name, patronymic, phone number, e-mail address (e-mail), link to the page in the social network Instagram (nickname), login in messengers, and in some cases - a photo. The student is responsible for the accuracy, completeness and reliability of the information provided, for taking into account the risks, conducting preliminary examinations necessary for the start of classes.

3.2 If the Provider needs additional information, he/she has the right to request it from the Student. If the Student refuses to provide the required information, or if the provided data is incomplete or raises doubts about its accuracy, the Contractor has the right to refuse to provide services without reimbursement of losses until the requested information is received.

3.3 The Services are provided by providing access to the Learning Materials.

3.4 The Contractor may provide a Tariff, which, in addition to access to the Learning Materials posted on the Platform, provides for the verification of the homework completed by the Student, with the provision of feedback in the form of comments and/or consultations from the Contractor and/or involved third parties.

3.5 The Fee may include a certain number of personal consultations (individual and/or group consultations with other participants, online or offline) provided to the Student by the Contractor and/or involved third parties. The number of such consultations shall be determined by the Program and their schedule shall be communicated to the Student by the Contractor.

3.6 The Tariffs may provide for additional benefits, such as prizes, bonuses, the conditions of receipt of which are communicated to the Student through the resources determined by the Contractor for interaction (Instagram-page, Telegram-channel, Telegram-group and other Platforms).

3.7 The date of service provision start is indicated on the Executor's website, pages in social networks, Telegram-channels or advertising materials. The Service is considered to be started from the moment of providing access to the Platform, where the Training Materials are placed, or from the moment of providing access to the Training Materials, if the terms of service provision do not provide for the use of specialized software (Platform).

3.8 The term of service provision is specified in the Tariff. In some cases, the Tariff may provide for retention of access to the Learning Materials and/or the Platform after the completion of the Course for a certain period of time specified in the Tariff. The Provider has the right to extend this period by notifying the Student via e-mail, messengers and/or messages on the Platform.

3.9 The student has the right to request the postponement of the services to other calendar dates and to take the training with a subsequent Course stream (under the conditions of a similar package of services equivalent to the purchased one in terms of value). Rescheduling is possible only once and must be requested no later than two weeks from the date of payment. No refunds will be made in this case.

3.10. Postponement of consultations is possible no later than 24 hours before the beginning of the session and is allowed no more than once a month. Postponement is carried out through notification of the support service at a certain time from 9:00 to 21:00. In case of late notification or absence of notification, the consultation is considered to have taken place and is subject to 100% payment.

3.11. The Parties agree that no acts of completed work shall be drawn up and signed based on the results of service provision. The Service shall be deemed to have been provided in full from the moment the Student is granted access to all Learning Materials provided by the Program and/or description on the Contractor's website.

3.12. The Contractor may engage any third parties (contractors) to fulfill this Agreement without prior agreement with the Student. In case of engaging third parties to provide services, the Contractor shall be liable to the Student for the actions of such parties and the quality of the services provided.

3.13. The Contractor does not guarantee that the services will meet the goals and expectations of the Student or third parties, nor does the Contractor guarantee that the Student will achieve a specific result, as the results of different Students may vary significantly when using the same services. Results depend on each Student's starting point, accuracy of execution of techniques, understanding of the theoretical and practical parts of the Learning Materials and other factors.

3.14. Case studies and success stories presented on the website and social media are provided solely to demonstrate the results of specific individuals and do not constitute a promise or guarantee that the Student will achieve similar results.

3.15. Claims regarding the quality of services provided should be sent by the Student to Telegram, support services . The period of consideration of the claim is 30 (thirty) days from the date of its receipt. After the end of this period, the Contractor shall decide whether to accept the claim or refuse to refund.

3.16. The Student bears the risk and negative consequences of loss, illegal possession, technical interception of information, access to the Platform and other data in case of loss of the Student's mobile device, access to the Student's social networks, etc. Any person using the Student's identification data (phone number, password, login, etc.) shall be considered by the Provider as the Student, and the Provider shall not be liable if this is not true.

3.17. In case of discrepancy between the terms and conditions of the services specified on the Contractor's website and the terms and conditions set forth in this Agreement, the provisions of this Agreement shall prevail.

 

 

PAYMENT OF SERVICES

4.1 The cost of the Services shall be determined in accordance with the Tariff chosen by the Student, which shall be indicated on the Contractor's website or in electronic messages sent to the Student prior to the public sales on the website.

4.2 The final cost of the services in the currency of payment (EURO) is displayed on the payment page and fixed in the electronic invoice of the payment system or in the invoice issued to the Student. If it is provided for in the Program conditions, the Student is given the possibility to pay in installments.

4.3 The cost of services does not include additional commissions of banks, payment systems or expenses related to currency conversion.

4.4 Payment for services shall be made by transferring funds to the Contractor's account or through online payment systems used by the Contractor.

4.5 The Contractor has the right to change the method of payment for the services at any time at its discretion and/or refuse the previously proposed method of payment by offering alternative methods of payment.

4.6 In case of payment for the services by bank transfer, the Student is obliged to notify the Contractor of the payment made and send an image of the documents confirming the payment for the services to the e-mail address or via messengers (Viber / Telegram / WhatsApp) indicated on the Contractor's website.

4.7 The Services shall be considered paid at the moment of receipt of funds to the Executor's bank account.

 

REPUDIATION OF CONTRACT

5.1 After payment for the services, the Student has the right to withdraw from the services and request a refund, provided that the withdrawal is notified before the start of the course and no later than after viewing the first lesson of the course. It is not possible to withdraw from the Contract after the specified deadline and the Contractor shall not refund the funds to the Student, as they are credited to cover the Contractor's costs of providing the services.

5.2 In order to cancel the services and process a refund, the Student must notify the Provider through the Helpdesk. The Contractor acknowledges receipt of the withdrawal request with a notification to the e-mail specified at the time of ordering.

5.3 To process a refund, the Student must provide the following information: Name and e-mail address provided when placing the order; name of the tariff; date of the order; payment information; reasons for refusal of services, as well as other necessary information. If the Student fails to provide the required information, the Provider has the right to refuse the refund and the funds are credited to cover the Provider's costs.

5.4 If the Student submits a request for a refund within the established deadline and provides all necessary information, the Provider will refund the funds within fourteen (14) days from the date of the claim.

5.5 The funds paid by the Student shall be refunded after deducting the online payment system fee, if applicable, and the cost of blocks/lessons open for training.

5.6 The Contractor shall not compensate the cost of services in the following cases:

if the Student did not use the services (did not participate in viewing the course) for any reason;
if the Student purchased learning materials provided in the form of consultations, support, e-books and manuals;
if the materials do not meet the goals and expectations of the Student or third parties;
if the Student was unable to use the services for reasons beyond the control of the Provider (lack of software, technical limitations, unwillingness to use the Platform, etc.);
if the Student did not e.g. use the Platform for any reason.

RIGHT OF USE

6.1 When receiving services, the Student gets access to information and educational materials, the intellectual property rights to which belong to the Provider or third parties engaged by the Provider.

6.2 The use of content and materials obtained in the course of providing services is limited solely to the Student's personal purposes. Commercial use without the written consent of the Provider is prohibited.

6.3 Copying, modification, distribution or transfer of materials to third parties without the permission of the Contractor is considered an infringement of intellectual property rights.

6.4 Any violation of copyright and related rights entails civil, administrative and criminal liability and shall be terminated at the request of the Contractor.

6.5 The Student has the right to publicly quote or copy a part of the Study Material or Course solely for the purpose of publishing feedback about the Contractor (in social networks) to the extent necessary for such purposes. It is allowed to rework the author's materials and methods, obtained in the course of training, with their subsequent commercial use. A mandatory condition is the indication of authorship (active link to the page of the Contractor in the social network Instagram, Instagram or Facebook).

6.6 If the Provider determines that the materials distributed by the Student and/or the extent of their distribution violate the Provider's intellectual property rights, the Student shall immediately remove all distributed materials and take other actions as required by the Agreement and/or requested by the Provider.

6.7 The Student has no right to transfer his/her rights under this Agreement to third parties without the written authorization of the Contractor.

PERFORMER'S RIGHTS

7.1 Obtain from the Student information necessary for the provision of services.

7.2 Engage third parties (on the terms of cooperation) to provide services at its own discretion.

7.3 Independently choose the form (methodology) of service provision, draw up the Program.

7.4 Fully or partially suspend the provision of services in case of impossibility to provide them due to technical or other objective reasons.

7.5 At any time change the start date of services (not more than a month) and/or the number of information materials (classes) in the Course, having previously notified the Student through the resource for interaction chosen by the Contractor (Instagram-page, Telegram-channel, Telegram-group, other Platform).

7.6 Extend the timeframe and/or duration of services.

7.7 unilaterally refuse to continue providing services without refunding the paid funds in cases stipulated by this Agreement and in case of the Student's deliberate violation of the techniques of practical tasks.

7.8 Establish and cancel various discounts, promotions, benefits, establish discount and loyalty programs without the Student's approval.

7.9 If it is found that the offer has been accepted by a person who does not have full civil capacity, the Contractor shall have the right to refuse to provide services until the relevant written consent is obtained from the legal representative of such person.

7.10. To amend the terms and conditions of this Agreement, as well as the prices (Tariffs) for services unilaterally.

7.11. Remove or move any content posted by the Student if it violates the rights of third parties or legal requirements.

7.12. send written warnings, temporarily block the Student's account, suspend the provision of services or terminate the Agreement if the Student violates the rules of posting content.

 

PERFORMER'S DUTIES

8.1 Provide the services provided for by this Agreement in a timely and complete manner.

8.2 Notify the Student, upon request, of the progress of services orally, by e-mail or otherwise.

8.3 Provide the Student with technical support via messenger chat (Viber, Telegram) or other communication channel of the Contractor's choice to eliminate technical difficulties that may arise in the process of providing services.

8.4 Inform the Student of any circumstances that prevent or may prevent the quality and timely delivery of services.

8.5 Do not disclose private information about the Student and do not provide access to it to third parties, except as provided for by law and this Agreement.

 

STUDENT RIGHTS

9.1 Receive full and reliable information on the scope of services provided, as well as explanations on issues arising in connection with the provision of services.

9.2 To demand refund of the paid funds in cases and on the terms and conditions stipulated by this Agreement.

9.3 To make audio or video recording of Training materials, consultations and lectures conducted in the process of providing services only with the prior consent of the Contractor.

 

STUDENT RESPONSIBILITIES

10.1 Timely pay for the services in accordance with the terms and conditions of the Agreement.

10.2 Familiarize yourself with the conditions of services, recommendations and contraindications, undergo the necessary medical examinations and take into account possible risks.

10.3 Provide the Contractor with accurate information about his personal data.

10.4 Follow the Contractor's recommendations regarding the performance of practical tasks and technical adjustment of communication.

10.5 Use the services only personally, do not transfer access to third parties and do not copy and/or download the Learning Materials or links to them.

10.6 Do not use the Learning Materials for commercial purposes without the written consent of the Provider.

10.7 Observe the norms of public communication when interacting with the Contractor, third parties and other participants.

 

LIABILITY

11.1 In case of breach of obligations by the parties, provision of inaccurate information or other violations, the parties shall be liable in accordance with the applicable law.

11.2 The Contractor shall not be liable for the inability to provide services for reasons beyond its control (force majeure, technical failures, etc.).

11.3 The Contractor does not guarantee the Student's achievement of specific results in the process of rendering services.

11.4 The student is responsible for:

Illegal use of materials provided in the process of rendering services for the purpose of their subsequent resale, distribution or transfer to third parties.
Dissemination of inaccurate information about the Contractor, defaming its business reputation.
Other violations of the terms of this Agreement.
11.5. In case of violation of the terms of this Agreement by the Student, he/she is obliged to reimburse the Contractor for all losses incurred in connection with the satisfaction of claims of third parties (whose rights were violated by the Student). The Contractor reserves the right to make recourse claims against the Student for reimbursement of losses and other costs.

11.6 If the Student violates the terms of payment, the Contractor has the right to unilaterally terminate the Agreement and restrict (block) the Student's access to the Learning Materials, the Platform, etc.

11.7 The Student agrees that in the event of a breach of the terms and conditions, he/she will not be able to use the services of the Provider in the future, unless otherwise agreed by the parties, and without a refund.

11.8 Violations may be recorded by screenshots, technical means, data on third party access to the Platform or any other reasonable means. Violation of the rules of conduct by the Student is determined in accordance with generally accepted norms of ethical communication and according to the subjective assessment of the Contractor, with which the Student is familiarized and agrees.

11.9 If the services are not provided through the fault of the Contractor for more than 30 (thirty) calendar days from the agreed start date of the services, the Contractor shall refund the paid amount within 10 (ten) calendar days on the basis of the Student's written application, unless otherwise agreed by the parties.

11.10. Student agrees that Provider's liability for any claims or suits shall be limited to the amount of service purchased.

11.11. In the event that the Student has paid for services but has not received them for reasons beyond the control of the parties, such funds may be set off against future payments for services to be provided by the Provider or refunded upon request of the Student.

11.12. The Executor is not responsible for the statements and opinions of the participants left as comments. The Contractor is also not responsible for possible illegal actions of the participants against third parties or actions of third parties against the participants.

11.13. No information, materials or advice provided by the Contractor can be regarded as a guarantee. No claims for the results of the Student's use of the services received can be made against the Contractor. The risks and responsibility for the use of the information received, as well as for the results, lie entirely with the Student.

11.14. The transfer of the Elena Gondorchin 5D Method to third parties is possible only if the Student has paid for the course "Expert of the 5D Regeneration Method", namely the "Expert" or "Expert-Entrepreneur" package. In other cases, the transfer of the methodology is prohibited. In case of violation of this clause, the Student is obliged to pay a fine of UAH 500,000 and reimburse the Executor for all losses.

11.15. In case of violation of confidentiality conditions, intellectual property rights, as well as for the sale of the Student's own course with the transfer of 5D methodology of Elena Gondorchin at a price lower than 200 dollars after receiving the certificate, the Student is obliged to pay the Contractor a fine of 500 000 UAH and reimburse all the losses incurred.

PERSONAL DATA

12.1 The Parties agree to the processing and storage of personal data, which became known to them in connection with the conclusion of this Agreement, to the extent necessary for the fulfillment of its terms and conditions, in accordance with the legislation of Ukraine.

12.2 By concluding the Agreement, the Student confirms that he/she is familiarized with the rights of the subject of personal data, established by the Law of Ukraine "On Personal Data Protection", as well as with the terms of processing and access to personal data of third parties.

12.3 Personal data that may be collected: surname, first name, patronymic, e-mail, phone number, date of birth, nickname in social networks and messengers, as well as other data agreed upon by the parties.

12.4 The Student gives his/her voluntary consent to the collection, processing and storage of personal data by the Contractor (personally, with the involvement of third parties and/or third-party services) without limitation. Personal data may be transferred to third parties to fulfill the obligations of the Contract or the legitimate interests of the Contractor.

12.5 The Student authorizes the Provider to record and store telephone calls, messages related to the provision of services.

12.6 The Student agrees to video and/or audio recording of the provision of services (including with his/her participation) and the use of such materials by the Contractor for advertising or other purposes not prohibited by law.

12.7 The Student's consent to the use and dissemination of his/her photo, video images, feedback on the services provided, received by the Contractor or its representatives in the process of providing services, is formalized by the Contractor in messenger and serves as the basis for such publication.

12.8 The Provider does not collect any financial information (card number, bank account details, etc.) of the Student during and after the online payment is made.

FORCE MAJOR.

13.1 The Parties shall be released from liability for partial or full failure to fulfill their obligations under this Agreement if such failure occurred due to force majeure circumstances (force majeure) that arose after the conclusion of the Agreement and prevented its fulfillment. Such circumstances, in particular, but not limited to, include: man-made, natural or environmental emergencies, natural disasters, accidents in power supply systems, prolonged absence of electricity or Internet, deterioration of the Contractor's health, military actions, riots, actions of public authorities, acts directly affecting the ability of the parties to fulfill the terms of the Contract.

13.2 The Party that is subject to force majeure is obliged to notify the other Party immediately, but in any case not later than two days. Lack of timely notification or proper documentation of the circumstances shall deprive the respective Party of the right to invoke their effect.

13.3 The term of fulfillment of obligations under the Contract shall be postponed for the period of force majeure. If such circumstances last more than two months, the Parties shall agree on the further fate of the Contract.

OTHER CONDITIONS

14.1 This Agreement is concluded in accordance with Article 633 of the Civil Code of Ukraine and shall be deemed concluded from the moment the Student accepts this public offer.

14.2 The Student warrants that he/she has sufficient legal capacity to accept the Agreement and has the right to dispose of the funds used to pay for the services.

14.3 The Student confirms that he/she has read the terms and conditions of the Agreement, understands them and accepts them in full, without any reservations or conditions.

14.4 Acceptance of this Agreement shall be deemed to be unconditional agreement to its terms and conditions. If the Student does not agree with any provisions, he/she cannot use the services of the Contractor.

14.5 The Contractor has the right to unilaterally amend the Agreement, as well as the procedure, scope and terms of service provision by posting the relevant changes on the website, Platform or notifying the Student via messengers. The changes shall come into force from the moment of their publication.

14.6 The Contract shall be valid during the period of service provision, unless another period is agreed by the parties or stipulated by the current legislation. The Contractor's copyrights are valid during his lifetime and 70 years after his death.

 

REQUIREMENTS.

FOP Pasternak Zhanna Vasilivna
IBAN: UA363220010000026002340163729
USREOU: 2907807502
E-mail: [email protected]