The license agreement (further - "Agreement", "Offer") represents the offer of self-employed entrepreneur Katsiaryna Kurbatava (NIP 8992971388) to sign the agreement on the conditions, stated below:
1. The terms, used in the present Agreement
1.1. The Administrator (Administration) of the Website – self-employed entrepreneur Katsiaryna Kurbatava
1.2. Courses (videocourses) – the videos on confectionery-making, posted on the Website.
1.3. The User (Users) – any person using services of the Website according to paragraph 2.1 of the present Agreement.
1.4. The Website – the system of electronic documents (files of data and a code) of self-employed entrepreneur Katsiaryna Kurbatava and posted on the information and telecommunication web Internet at the following URL (a domain name) https://maru.expert and also its subdomains. The main objective of functioning of the Website is bringing information to Users of information on confectionery courses and providing access to full versions of such courses on the paid basis.
1.5. Services of the Website – the complex of services rendered by the Administrator including access to the materials posted on the Website and information, providing viewing of videocourses in accordance with the conditions of the present Agreement, other functional capacity of the Website which can be used by Users.
2. Concluding the agreement (acceptance of the Offer)
2.1. According to provisions of paragraph 2, paragraph 3 of Art. 404 and paragraph 3 of Art. 408 of the Civil Code of the Republic of Poland the User is considered unconditionally accepted the present Offer (having signed the agreement with the Administrator on the conditions stated in it) in case of commission of any of the below-specified actions by him:
- implementation of access to posted information and to materials on the Website, irrespective of duration of such access and the number of the checked pages of the Website;
- Website registration;
- payment of the Website materials provided on a paid basis;
- other actions for use of services of the Website.
2.2. Concluding the agreement with the Administrator in accordance with paragraph 2.1 of the present Offer, the User guarantees the following:
- he is emancipated, fully capable and has no other obstacles and restrictions for performance of conditions of the present Agreement;
- he is aware of conditions of the present Agreement in full, its contents is completely clear to the User and is accepted by him as obligatory rules of conduct without any reservations.
3. Usage of the Website services
3.1. Access to the Website is free.
3.2. Access to the Website and use of its services are carried out by the User in strict accordance with conditions of the present Agreement and the current legislation of the Republic of Poland.
3.3. The User recognizes and agrees that access to certain materials of the Website (including full versions of videocourses) can be carried out on a paid basis according to the price policy determined by the Administration of the Website, and provisions of section 4 of the present Agreement.
3.4. For the purpose of access to paid materials of the Website the User needs to register on the Website by filling out the registration form offered by the Administrator. During registration on the Website the User undertakes to specify the relevant and adequate data, including a contact information. The registered Users, use the services of the Website through the personal account (the User account on the Website) after having passed the procedure of authorization (log in the account by identifying of the unique login and the password of the User).
3.5. One account can be used only by one User. The User is not entitled to tell the login and the password for access to the account to the third parties or otherwise contribute to the third parties in the access to paid materials of the Website through the account of the User. In case of disclosure of the login and the password for access to the account of the User to the third parties or whether there are grounds at the User to consider that the third parties provide such access, the User undertakes to report about it to the Administration of the Website immediately.
3.6. All the Website operations made under the User name (through the personal account of the User), are considered to be made by the User until proved otherwise. In case of receipt to the Administrator from the User or the third parties of information on implementation of illegal access to the personal account of the User, the Administrator carries out blocking of the account before check of correspondence of this information with the validity.
3.7. The User is not entitled to use services of the Website for the illegal purposes and also for any other purposes contradicting assignment of the Website and conditions of the present Agreement including:
– for the purposes of distribution of materials and information, maintenance or assignment of which does not comply with the requirements of the current legislation of the Republic of Poland (computer viruses and other malicious software, the materials directed to incitement of national hatred and hostility, pornographic materials, etc.);
- for the purpose of pervasiveness of advertising for products and services of the User or any third parties;
- for the purpose of mailing to Users of the Website and other third parties of messages obtaining on which they did not give the consent ("spam").
4. Calculations of the parties
4.1. The User pays for the access to paid materials of the Website (videocourses) in one of the following ways voluntarily:
4.1.1. The access fee to the course chosen by the User: it is carried out at the price submitted by the Administrator and specified on the Website, inserted by a lump-sum payment. After course’s fees by the specified way the User gets the limited access (the right of viewing) concerning the paid course for the term of 180 or 365 days.
4.1.2. Payment of the chosen service is made by the User by the bank card through the Web Pay system, payment is made on the Internet in real time directly after execution of the order.
4.1.3. Subscription payment: it is carried out at the price established by the Administrator and specified on the Website by its introduction for the subscribing period (1 month or 12 months) with a possibility of automatic extension of a subscription to each subsequent period. Payment of a subscription gives to the User an opportunity of access to all courses posted on the Website, at the same time the access duration (the right of viewing) corresponds to duration of the paid subscription period. In case of extension of a subscription the User separately pays each subsequent period for which the subscription lasts. Payment of extension of a subscription is carried out according to the prices established by the Administrator. Payment of extension of a subscription can be carried out by automatic withdrawal from the account of the User of the sum equal to the cost of extension of a subscription to the corresponding period.
4.2. The User is entitled to demand repayment for a course or a subscription within 7 (seven) calendar days from the date of its introduction on condition of existence in videocourses of essential shortcomings of contents (mistakes, unreliable information, etc.) or inadequate quality of record. Repayment is made after a detailed explanation by the User of the reasons on the basis of which repayment is requested.
5. Intellectual rights
5.1. All videocourses, posted on the Website are the results of intellectual activity protected according to the current legislation of the Republic of Poland and shall not be used without the permission of the owner.
5.2. Payment of access to paid materials of the Website provide the User with the right of individual viewing of the corresponding videocourses only in the personal educational purposes. At the same time the User is not entitled to carry out its use in whole or in part in other ways, including: copying and transfer to the third parties, informing everyone in the Internet, extension on any material carriers, public screening and/or performance, communication on the air and/or by cable, processing, hire, etc. Any use of videocourses in the ways, which are directly not provided by the present Agreement will be violation of the intellectual rights of the owner and can entail involvement of the User or the third parties, using such results of intellectual activity to the responsibility provided by the current legislation of the Republic of Poland.
5.3. Provisions of the present Agreement and the current legislation of the Republic of Poland for the protection of intellectual property equally extend to the Website as a difficult object of the intellectual rights, including its design, an order of an arrangement of materials and other protected Website elements.
6. Use of personal data
6.1. The information, disclosed by the User in the course of registration on the Website may contain personal User information. By adoption (acceptance) of the present Offer, the User confirms that makes the decision on granting the personal data in the specified way and also allows the Administrator its processing. Processing by the Administrator of personal user information is considered as its collecting, systematization, storage, distribution, specification, blocking and destruction that are carried out in purpose of performance of the present Agreement.
6.2. The User agrees that personal data and other information provided to them can be used by the Administrator for the purpose of the direction to the User of messages, including advertising mailings. In case of unwillingness to participate in receiving advertising mailings the User is entitled to use the function "unsubscribe" which is contained in the corresponding messages.
6.3. The User agrees that his/her personal data can be provided by the Administrator to the third parties (to employees, partners and the Administrator's contractors) in the measure in which it is necessary for ensuring normal functioning of the Website and providing to the User access to his services. The administrator is obliged to warn such third parties about inadmissibility of unauthorized use (including disclosure) personal data.
6.4. The administrator is entitled to use information provided by the User (including personal data) for ensuring compliance with the current legislation, including prevention and/or suppression of illegal actions of the User. Disclosure of the confidential information provided by the User is carried out by the Administrator according to the legislation of the Republic of Poland by order of the court, law enforcement agencies and in other cases provided by the law.
6.5. The Administrator of the Website makes the necessary arrangements for protection of personal User information against illegal access, disclosure, change or destruction. At the same time, the Administrator is not responsible for possible third parties access to personal User information and other confidential information and also its disclosure if these circumstances were a consequence of illegal actions of the third parties or actions (inaction) of the User.
7. Responsibility of the parties
7.1. For non-execution or inadequate execution of the obligations provided by the present Agreement, the parties are liable according to the terms of the agreement and provisions of the current legislation of the Republic of Poland.
7.2. The parties are not liable for the non-execution or inadequate execution of the obligations according to the present Agreement that is the consequence of action of force majeure circumstances (war, natural disasters, prohibitive actions of the authorities, etc.) which the parties couldn't foresee or prevent with the help of reasonable measures.
7.3. The User is independently responsible for any harm, incurred by its actions or inactivity to the Administrator, other Users of the Website and other third parties.
7.4. The Administrator is not responsible for accuracy and reliability of the information posted by other Users of the Website.
7.5. The Administrator is not responsible for the possible harm (property or non-property) caused to the User as a result of his interaction with other Users of the Website and also as a result of origin of interruptions and errors in operation of services of the Website.
7.6. The Administrator is not responsible for possible unauthorized use of available information on the User (including personal User information), other Users of the Website.
7.7. The Administrator is not responsible for the damage caused to the User and also to his property (in particular – to a computer of the User and the software set on it), as a result of use by the User of services of the Website if only it is not proved that such damage is caused on the fault (as a result of direct intention) the Administrator.
7.8. The Administrator is entitled:
7.8.1. to change unilaterally the schedule of placement of the training material and tasks for the User and carrying out other consultations;
7.8.2. to refuse rendering services to the User who has provided the Administrator with doubtful data;
7.8.3.to engage on rendering services according to the present Agreement of the third parties;
7.8.4. to refuse granting to the User in rendering services in the Agreement without explanation on condition of full return to the Client of the money paid by the Client to the Contractor before the rendering services in the Agreement;
7.8.5. to stop rendering services to the User at any time without explanation during rendering services;
7.8.6. to return to the User the money paid by the User to Administration excluding the cost of the services of the Agreement which are factually rendered by the Administration in case of the termination by the Administration of rendering services in the Agreement as in paragraph 7.8.5 of the Agreement Administration.
7.9. The User is obliged:
7.9.1. to adhere to the established schedule of training if it is provided, to implement recommendations and requirements of Administration within rendering services according to the present Agreement after the choice of service, adoption of the present public offer and payment in full of services;
7.9.2 to provide Administration with reliable information for the direction to the User of information materials and also for an operative communication with the User within rendering services according the present Agreement;
7.10 The User is entitled:
7.10.1. to refuse performing the present Agreement on condition of Administration’s payment of the services which are actually rendered by him as at the time of such refusal;
7.10.2. to file to Administration the written statement about extension of time of rendering the paid services according to the present Agreement with application of documents, confirming impossibility of receiving services.
7.11. In case of presentation by the third parties of claims to the Administrator in consequence of violation of their rights and lawful interests by the materials and notices posted by the User, the Administrator within a reasonable period deletes all disputable materials and if necessary addresses such persons to the User for further settlement of a disputable situation. In case owing to the specified claims of the third parties the Administrator is incurred the losses (consisting among other things in payment of compensations, repayments, remunerations, etc. to the persons whose rights have been violated by posting of such materials and also any penalties and other property sanctions), the User is obliged to pay to the Administrator all caused damages in full.
7.12. In case of unauthorized use by the User of the Administrator’s content posted on the Website, including videocourses and also use of design, arrangement of materials and other protected Website elements, the User may be brought to civil, administrative and criminal prosecution according to the provisions of the current legislation of the Republic of Poland.
7.13. In case if in the course of posting by the User on the Website and/or downloadings (copying) by the User from the Website and/or other use by the User of any materials of the Website intellectual and other rights of the third parties are violated, the User independently and in full is responsible for such violations to the corresponding persons. The Administrator is not responsible for the violations of the rights of the third parties caused by actions (inaction) of the User.
7.14. The Administrator is entitled to block the account of the User in cases of violation of conditions of the present Agreement and/or provisions of the current legislation of the Republic of Poland by him. In case of application of the specified measure the money deposited by the User for paid materials of the Website is not the subject to return.
7.15. In case of submission by the User of claims to the Administrator on the grounds of infliction of harm to the rights of the User protected by the law or his property and ascertainment of guilt of the Administrator, responsibility of the Administrator is limited to the cost of the course or subscriptions paid by the User.
8. Settlement of disputes
8.1. The disputes and disagreements arising between the parties in connection with performance of the present Agreement are the subject to permission in the complaint procedure according to the legislation of the Republic of Poland. At the same time the party, which has obtained a claim, provides the answer to it or executes the requirements stated in it within 15 (fifteen) calendar days from the date of its receiving.
8.2. In case of impossibility of reaching the agreement between the parties in a pre-judicial order, each of the parties is entitled to submit the dispute to the corresponding court jurisdiction of which it refers, in the location of the Administrator.
9. Operation of the Agreement
9.1. The present Agreement shall come into effect from the moment of the acceptance of the Offer, according to the paragraph 2.1 of the Agreement (in case of any doubts the moment of registration of the User on the Website unconditionally is recognized as such moment), and is valid until the termination on the grounds of the current legislation of the Republic of Poland and the Agreement.
9.2. The Administrator is unilaterally entitled to make alterations to provisions of the present Agreement by publication of relevant edition of the Agreement on the Website at the address www.maru.expert/ru/terms-of-use. At the same time, the Administrator is not obliged to notify the User on the Agreement changes. The User is obliged to oversee such changes independently by regular implementation of access to the page of the Website containing relevant edition of the Agreement. New edition of the Agreement comes into effect immediately after its publication on the Website. Extension of the Website’s usage by the User after the publication of new edition of the Agreement is admitted as the action confirming full and unconditional acceptance by the User of all amendments.