The following text of the Offer is addressed to any person, hereinafter referred to as "the User", and is the official Public Offer of the owner of the Estumar online project, hereinafter referred to as the "Operator". This Agreement is open and in accordance with Article 633 of the Civil Code of Ukraine, its terms are the same for all Users. Users hereby confirm their acceptance of all terms of this Offer.
1. GENERAL PROVISIONS
1.1. Registration on the Estumar.com website is free.
1.2. The website is subject to copyright and is protected within the territory of Ukraine, in accordance with the Law of Ukraine "On Copyright and Related Rights". All copyrights of the Site belong to the Operator. The designation "Estumar" is a registered trademark of the products and services (registered trademark) and may not be used by the User without the corresponding permission.
1.3. The contents of all pages of this website are the property of the Operator. If the User wishes to copy any material from this site, they should contact the Operator.
1.4. The "User" and the "Operator", hereinafter referred to as the "Parties", conclude the Agreement on Public Offer for the Provision of Services in accordance with the current legislation of Ukraine, which regulates the provision of services and obligations arising from the same between the Operator and the user.
1.5. The Offer Agreement is public, that is, in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all Users, regardless of their status. In full compliance with this Agreement, the User will accept arrangements to complete an order, payment for services, responsibility for the unsatisfactory order and for breach of the terms of this Agreement.
1.6. Email is an integral part of Internet services. The User agrees that the Operator may notify the User of updates to the online services and changes to these terms, or provide any other information or messages related to the online services to the User or Users of the User by email to the address provided. by the User when requesting services online, or when creating accounts for the entrance of the User's library.
1.7. The rights of the User to use the services described in this Offer are personal to the User. The User may not sell or disassociate these services to any third party without the written permission of the Operator. Any attempt to do so is a violation of this provision.
1.8. The copyright of all components of the online services, except those components that are licensed with third parties, belongs solely to the Operator. For the avoidance of doubt, nothing in this Offer shall be construed as transferring any intellectual property rights, any software and/or data from the Operator to any third party of the User.
1.9. The User agrees not to copy any Operator software, attempt to access any source code, modify or attempt to modify any part of the online services. The user also agrees not to use content, software or data that reproduces any part of the online services, not to copy, not to take screenshots, and not to attempt to launch data from services through other programs. User may maintain in hard copy and print any readable content of any online service for User's personal use. All other copying and printing, including but not limited to photocopying, is prohibited.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The subject of this Agreement is "Internet Services" - the components that generally include the products available on the Estumar.com website. The following are the conditions under which the Operator provides Internet services and which are applicable to the User's use of any of the online services from time to time.
2.2. In the order and on the terms and conditions stipulated by this Agreement, the Operator undertakes to provide the User with the Services paid by him, and the User undertakes to accept these Services.
2.3. After 100% payment, the Operator opens access to the purchased products in the User's Library at Estumar.com/library. The User is responsible for ensuring that no other person other than the User himself has used an account to access the relevant components.
2.4. The Operator thus grants the User the right to access and use Internet services through Estumar.com under the terms of this Offer. Subject to the terms of this Offer, the Operator shall make reasonable efforts to:
2.4.1.ensure the normal operation of the components of the online services in accordance with the description of the functions and functionalities of the components on the Operator's websites;
2.4.2.facilitate the User’s access and use of the components of online services.
3. PAYMENT AND DELIVERY PROCEDURE
3.1. The use of the products is for a fee, which is established by the Operator and published on the Estumar.com website.
3.2. The cost of services provided under this Offer at the time of its acceptance is determined by the Operator and is shown for each product separately.
3.3. The provision of the Service to the User in accordance with this Offer is based on a full payment.
3.4. All payments are made online using the offered payment system. The operator does not collect or store any information related to the actual payer, other than the receipt number and the data of the Registered User that serve exclusively to open access to the purchased products.
3.5. The Operator may offer additional services for which charges are charged separately.
3.6. Additional services can be provided to the User only with his consent. </ P>
3.7. The Operator reserves the right to change the cost of the product with the mandatory prior notification to the User through the website or by email at least 10 business days before the changes take effect.
3.8. The Operator's products are provided as download files or interactive online resources. The products are available in the Estumar.com/library user library after making a payment.
3.9. There is no physical delivery of products.
4. RIGHTS AND RESPONSIBILITIES OF THE PARTIES
4.1. The User undertakes:
4.1.1. Not use any component of the Online Services to post material that is unlawful, obscene, misleading, profane, or in any way offensive or indecent. The User accepts that the Operator has the exclusive right to determine if the material is offensive, indecent or inappropriate.
4.1.2. Observe copyright and intellectual property laws and do not post materials that violate such rights of third parties. The user agrees not to publish materials that, intentionally or not, violate the laws of any country.
4.1.3.Use the site only for purposes that do not contradict the current legislation of Ukraine.
4.1.4.Do not post information subject to government restrictions on the Operator's website. This obligation remains valid even after the termination of this Offer.
4.1.5.Know periodically the official information of the Operator regarding the provision of services, as well as the regulation of the relations between the Operator and the User, published on the Operator's Website.
4.1.6.By registering for any Internet service of the Operator, the User guarantees that:
• The user is a competent adult legal person;
• The user provides true, exact and complete information about himself in the registration form;
• The user will timely update the registration information of it.
4.2. The User has the right:
4.2.1.Require the Operator to provide services in accordance with the terms of this Offer.
4.2.2.Inform the Operator about the requirements and wishes regarding the quality of the services provided.
4.2.3.Obtain the appropriate advice necessary for the use of services.
4.2.4. Terminate the validity of this Offer unilaterally at any time.
4.3. The Operator agrees to:
4.3.1.Provide the User with the services in accordance with the terms and conditions set forth in this Offer, and in accordance with the laws of Ukraine.
4.3.2. Do not disclose or use information related to the User's activity that you have learned during the execution of this Offer, unless the current legislation of Ukraine provides otherwise.
4.4. The Operator has the right:
4.4.1. The Operator may terminate the User's use of any online services and close all registered Accounts created by the User immediately, without notice and without compensation in the following cases:
188.8.131.52. if the User has materially violated the terms of this Offer and is unable to correct such violations within 7 days from the date of receipt of the Operator's email or written notice stating the violation and the requirements for its correction;
184.108.40.206. if the User requests the closure of his account;
220.127.116.11. if the User has an account to which he cannot regain access.
4.4.2.The Operator may, in its sole discretion, discontinue the User's use of any of the online services and close all registration accounts created by the User, notifying the User in at least 30 days.< /p>
4.4.3. The Operator reserves the right, but is not obligated to update and modify the content from time to time, and such changes will be posted on the Operator's website or notified to the User by email at the Operator's address. choice. If you continue to use the services after such modification and notification, the User is considered to agree to the modifications.
4.4.4.The Operator reserves the right to change the value of the product with the mandatory notice of the User through the website or by email.
5. FORCE MAJEURE
5.1. The Parties will be exempt from liability for the non-compliance or improper performance of the obligations derived from the Agreement if this is due to circumstances of force majeure that the Parties could not know in advance or could not foresee.
5.2. Such circumstances include: fires, floods, earthquakes, tsunamis, tornadoes, hurricanes, typhoons, landslides, mudslides, snow avalanches, volcanic eruptions and other natural disasters, wars, revolutions, power grabs, strikes, sabotage and acts of terrorists, theft, robbery, transport accidents, malfunctions of power supply and communication systems, changes in legislation, actions of state agencies and their officials.
5.3. The party that becomes aware of such circumstances must notify the other party in writing within 5 (five) business days.
5.4. Implementation of this Offer, in whole or in part, is terminated during such conditions. If the action of force majeure lasts for more than three months, this Offer is considered resolved.
6.1. In order to comply with the requirements of the Law of Ukraine "On Protection of Personal Data" No. 2297-VI of June 1, 2010, the User agrees to the processing of the User's personal data by the Operator.
6.2. The Operator is committed to protecting the privacy of those who use its website. Any personal information provided by the User is used solely for the provision of the service. No personal information will be transferred to third parties that are not Estumar partners to provide the product or improve customer service.
6.3. The Data Protection Regulation applies to all data entered by Users. This also applies to progress reports created by Estumar programs stored in the system.
6.4. Information about Users logged into the Operator Programs is available to any User with appropriate access. Users can only see their own data. The mentor's access is limited to the data of the students in their own group. The account administrator can see all the data of this account.
6.5. All data is available to the limited Operator's personnel to directly perform the functions of the platform. The operator does not allow third parties to directly access the database. The operator reserves the right to provide information about the use of the program to potential clients and scientists only after hiding all personal data.
6.6. Business and biometric data are not subject to storage. Any client who wants to correct data can do so by contacting the Operator.
6.7. If the User is removed from the system, all entries related to the User are automatically removed.
6.8. The Operator is committed to protecting the privacy of those who use the website. The operator must make the appropriate efforts to comply with the User's personal data collection and processing policy.
7. VALIDITY OF THE AGREEMENT, APPLICATION OF MODIFICATIONS AND ITS TERMINATION
7.1. The offer is considered accepted and enters into force from the moment of the User's registration on the Estumar.com website.
7.2. The Offer is valid indefinitely, as long as the User Operator pays the stipulated contributions in a timely manner and in full.
7.3. The Operator has the right to unilaterally change the terms of this Offer. Modifications to the Offer will take effect ten days after its publication on the Operator's website, if the User has not sent his reasoned objections to the change in the Offer Conditions. In this case, the modifications to the Offer will take effect after the parties resolve the disputed issues.
7.4. In case of impossibility of resolving disputed points related to changing the terms of this Offer, the Operator has the right to terminate the Agreement and terminate the provision of services.
7.5. The User has the right to unilaterally cancel the Operator's services at any time.
7.6. In case of early termination of this Offer at the initiative of the User, the amount of funds transferred to him is not returned. The Operator has the right to offer the User other services for the remaining amount.
8. LIABILITY OF THE PARTIES AND REFUNDS
8.1. The services are provided "as is", without any guarantee that they will comply with the User's requirements. The Operator is not responsible for the completeness and accuracy of the information contained in the site materials.
8.2. All risks arising from the use of the materials (resources) of the Site are borne by the User. In no event will the Operator be liable for any losses suffered by the User, even if the Operator has been notified of the possibility of causing damage.
8.3. The operator is not responsible for errors, inaccuracies, violations in the operation of equipment and communication lines, penetration of computer viruses, loss and alteration of data, the appearance of defects in the work of programs that arose, regardless of the reasons. , resulting from the use of the Site.
8.4. In the case of User actions provided for in Article 50 of the Law of Ukraine "On Copyright and Related Rights" (violation of copyright and related rights), the Operator reserves the right, without prior notice the User, of his choice to take actions to protect non-proprietary and property rights of copyright and related rights in accordance with the procedure established in administrative, civil and criminal laws.
8.5. The cost of downloadable products and products that are permanently available in the User's personal library, Estumar.com/library, IS NOT WAIVED.
8.6. Customers are encouraged to verify that the services meet their requirements immediately before payment is confirmed.
9.1. The User agrees to compensate the Operator for any damages and expenses incurred in connection with any third-party claims arising out of content included in any component of the Services by the User or by any person using the User's Account.
9.2. User agrees to use the Online Services for educational purposes only and that no other person will be charged for the use of any component.
9.3. The User agrees that the Operator is not obliged to create updates or, if created, to make them available.
9.4. The User agrees that the Operator may use any Service Enhancement offer offered by the User without any liability for remuneration or compensation to the User.
9.5. The User agrees that the Operator may choose to display the advertisement anywhere on the Operator's Website or on any other Operator's Website.
9.6. The User accepts that the use of the Internet services implies the installation of session variables and the use of the local flash memory of the computer used to access the online services.
9.7. The Online Services may contain links to third party websites. The use of an external hypertext link means that the User leaves the Internet services and the Operator is not responsible and does not guarantee any related site. The Operator does not guarantee the continuous availability of these sites or their content for any period of time.
9.8. Access to the User's account is done through the User's username and password. The User is solely responsible for any actions that occur in the User's account. The User undertakes to protect the secret of the User's password and to guarantee the correct exit from the account at the end of each session.
10. FINAL PROVISIONS
10.1. The Agreement is a complete agreement between the Operator and the User. The Operator does not accept any conditions or obligations with respect to the object of the Agreement, except as expressly provided in the Agreement, except when such terms or obligations are established in writing and signed by the Operator and the User.
10.2. The terms of this Agreement are regulated by the legislation of Ukraine. Any disputes arising in the course of the implementation of the Agreement will be resolved by mutual consent of the Parties. If such an agreement cannot be reached, the Parties have the right to request a resolution of the dispute to the court in accordance with the subject matter and territorial jurisdiction. In this case, the Operator has the right to apply remedies in any jurisdiction.
10.3. This Agreement contains the full scope of the agreements of the parties with respect to the Services provided by the Operator.
10.4. If the Operator does not make use of his defense rights in case of any violation, this does not mean that he waives such rights in any subsequent violation.
10.5. Acknowledgment of any provision or clause of this Agreement or its annexes is invalid, it does not affect the validity of the remaining terms and conditions of the Agreement.
10.6. Upon acceptance of the Bid terms and conditions of this Agreement, all prior Service Agreements previously entered into with the Contractor lapse.