PUBLIC OFFER

This document is an offer of the Individual Entrepreneur Kushnareva Victoria Vitalievna to conclude an agreement for the provision of services with any interested person and is an official offer (public offer).


If you do not agree with the terms of this Offer, do not use the Service!


1. TERMS AND DEFINITIONS

1.1 Offer (Agreement) - this document posted on the Service is the official offer of the Contractor to provide information services.

1.2 Offer acceptance - full and unconditional acceptance by the Customer of the terms of the Offer.

1.3 Service - a software and hardware complex, access to which is provided by the functionality of the Sites https://miyabi.academy/, https://marathon.miyabi.academy and the Mobile Application "Miyabi", the exclusive rights to which belong to the Contractor.

1.4 Contractor - Individual entrepreneur Kushnareva Victoria Vitalievna (OGRNIP 317527500122258), providing Information services to the Customer on the terms of this Offer.

1.5 Customer - a legal and / or capable individual who has accepted the Offer on the terms set forth in it.

1.6 Information services (Services) - the services of the Contractor to provide access to the Content through the Service by authorization in the Customer's personal account, which is entered using the authentication data (login and password) of the Customer.

1.7 Login and Password - two unique sets of characters that identify the Customer, allowing the Customer to access the Content.

1.8 Personal Account - the personal page of the Customer on the Service of the Contractor, where the Customer stores information about himself and the Content available to him.

1.9 Account - the authentication and personal data of the Customer, created as a result of the registration procedure, are required in order to use the capabilities or individual functions of the Service.

1.10 Course - a set of information materials, including audiovisual works, posted on the Service, aimed at increasing the Customer's knowledge, skills and abilities in the field of health and beauty.

1.11 Content - various results of intellectual activity, including Courses, videos, infographics, literary works, computer programs, programs and applications for mobile phones (including the program code of the Service, both in whole and in part), images, texts, trademarks and service marks, commercial designations and trade names, logos, hypertext links, their fragments, information, widgets and other objects, databases, design and design elements presented in electronic form on the Service.

1.12 Subscription - providing the Customer, on the terms of this Offer, with the opportunity for a fee for a limited period of time to access the Content through the Service.

1.13 Trial period - the period during which the Customer gains access to the Content free of charge in order to determine / study the functionality of the Service and the content of the Content. The trial period is provided once. The duration of the Trial period is indicated in the Tariff plan.

1.14 Settlement period - a period of time for which the volume of Services actually received and paid by the Customer is determined. The settlement period is considered equal to one calendar week. The minimum number of billing periods for which the Customer subscribes is 8 (eight) calendar weeks.

2. GENERAL PROVISIONS

2.1 In accordance with Art. 437 of the Civil Code of the Russian Federation, this document is an official public offer of the Contractor to an indefinite circle of persons, from which the will of the Contractor is seen to conclude an agreement for the provision of Information services on the conditions below with anyone who responds (public offer). This public offer contains all the essential conditions of a paid service contract.

2.2 Full and unconditional acceptance of this Offer is 100% prepayment for the Information services of the Contractor.

2.3 The subject of this Offer is the provision of Information services to the Customer by the Contractor by providing access to the Content through the Service and / or social networks for a fee paid by the Customer to the Contractor in the manner and terms established by the Offer.

2.4 The cost, list, content, terms, place and procedure for the provision of the Services are indicated on the Contractor's Service. The Customer confirms that before the moment of the Offer Acceptance he has read the specified information in full.

2.5 Each of the Parties guarantees that it has the necessary legal and legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and execution of the Agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1 The Contractor undertakes:

3.1.1 Provide the Customer with round-the-clock access to the Content through the Service using the Customer's Account.

3.1.2 Provide the Services in a proper manner, provide the Customer with complete and reliable information about the Service provided at his request.

3.1.3 Not to disclose information about the personal data of the Customer without his consent and to process them solely for the purpose of executing this Agreement in accordance with the Privacy Policy approved by the Contractor.

3.2 The Contractor has the right:

3.2.1 At any time, change the date and duration of the Course, and / or the amount of information of the Course (can change up to 5% unilaterally), notifying the Customer no later than 3 (three) calendar days from the date of such a decision, by sending a message to e-mail of the Customer or by placing an appropriate announcement on the Service.

3.2.2 Change the terms of this Offer unilaterally without prior notice to the Customer by publishing these changes on the Service.

3.2.3 The Contractor has the right to block the Customer's Account in case of violation of the Course rules specified in clause 5.4 of this Offer.

3.2.4 Update the content, functionality and user interface of the Service and broadcasts at its sole discretion.

3.2.5 Engage third parties for the provision of Services in accordance with the Agreement, without agreement with the Customer.

3.3 The customer undertakes:

3.3.1 Timely pay for the Contractor's Services.

3.3.2 Create an appropriate Account on the Contractor's Service.

3.3.3 Provide accurate information about yourself in the process of creating an Account: last name, first name of the Customer, e-mail address. The customer is responsible for the accuracy of such information.

3.3.4 Ensure the confidentiality of the Login and Password and do not transfer them to third parties. When the Customer establishes the facts of unauthorized access to his Account, he undertakes to notify the Contractor's support service as soon as possible at the email address: miyabi.academy@mail.ru.

3.3.5 Observe the copyright of the Contractor for the Content and other objects of copyright that are an integral part of the Content.

3.3.6 The Customer is obliged to maintain in good technical condition the equipment and communication channels that provide him with access to the Service, to enter the Personal Account under his Account at the same time from only one personal computer, smartphone or tablet.

3.3.7 Independently monitor changes in the Offer.

3.4 The customer has the right:

3.4.1 Require the Contractor to properly provide the Services in full within the stipulated period.

3.4.2 Refuse to execute this Agreement in accordance with the terms of this Agreement, subject to payment to the Contractor for the Services actually rendered by the Contractor on the date of receipt by the Contractor of such refusal and minus the costs incurred by the Contractor (in particular, the bank commission).

4. COST OF SERVICES AND PAYMENT PROCEDURE

4.1 The cost of the Services under this Agreement is indicated on the Contractor's Service.

4.2 Payment for the Services is made by transferring funds, in the ways indicated on the Service without prior invoicing.

4.3 The moment of fulfillment of the obligation to pay is the crediting of funds to the settlement account of the Contractor.

4.4 Payments under this Agreement are made in one of the ways offered to the Customer, including by clicking the "Pay" button, which include:

4.4.1 Payment by electronic money;
4.4.2 Payment via payment terminals or Internet banking;
4.4.3 Payment to the settlement account of the Contractor through a bank or an acquiring bank;
4.4.4 In other available ways.

5. TERMS OF RENDERING INFORMATION SERVICES

5.1 The Customer's access to the Content is subject to 100% prepayment for the Contractor's Services, in the manner and manner specified in this Agreement and / or on the Service.

5.2 The Contractor undertakes to provide the Customer with the Service by providing access to the Content within the time specified on the Service, or by providing the Customer with access to the closed area of the Service within 2 (two) business days from the moment the funds are received on the account of the Contractor.

5.3 If within 2 (two) working days the Customer for one reason or another did not receive access to the Content, he must contact the Contractor's support service in the direct www.instagram.com/miyabi_beauty_course or www.instagram.com/vita_bodylove by e-mail: miyabi.academy@mail.ru.

5.4 The Contractor reserves the right to terminate the provision of Services to the Customer in the event of:

5.4.1 Violation of the rules of conduct during the Course, including but not limited to stirring up conflicts, insulting participants, the presenter, deviating from the topic, advertising, obscene language, non-compliance with the rules of the marathon, etc .;
5.4.2 Establishing the fact of transferring the Login and Password to third parties;
5.4.3 Distribution by the Customer of the Content received by him to third parties for a fee or free of charge.

5.5 Information services are considered to be provided by the Contractor to the Customer from the moment of obtaining access to the Content.

5.6 The Services are deemed to be rendered properly and in full if, within 3 (three) calendar days from the date of provision of the Services, the Customer has not sent a motivated refusal to accept the Services to the email address of the Contractor miyabi.academy@mail.ru. In this case, a separate act of acceptance and delivery of services rendered is not drawn up.

6. PROCEDURE FOR SETTLEMENT OF DISPUTES AND TERMINATION OF THE AGREEMENT

6.1 All disputes and disagreements that may arise between the Parties will be resolved through negotiations. For the parties, there is a mandatory claim procedure for resolving a dispute. The claim procedure will be considered complied with if the party with the claims sends the other party a reasoned claim with specific requirements. The term for consideration of the claim is 30 (thirty) days.

6.2 If disputes are not settled in the negotiation process, disputes are subject to consideration at the location of the Contractor.

6.3 This Agreement may be terminated at any time by agreement of the Parties.

6.4 The Contractor has the right to terminate this Agreement and terminate the Customer's access to the Service unilaterally at any time and for any reason at its sole discretion without explaining the reasons, as well as in case of violation by the Customer of any of the conditions specified in this Agreement.

6.5 All appeals, claims and complaints, as well as applications for the refund of funds are accepted only in the form of a scanned image of a document in PDF or JPEG format, personally signed by the Customer, which is sent to him by e-mail: miyabi.academy@mail.ru.

6.6 The term for consideration of claims containing a claim for a refund is 10 (ten) days from the date of receipt of the claim to the Contractor, after which the Contractor makes one of the following decisions: on disagreement with the claim and refusing to refund the funds, or on agreement with the claim and the satisfaction of the claim for a refund.

6.7 All refunds are made on condition that the Customer sends an application to the Contractor in the form, which will be sent to the Customer by e-mail and must contain the following information:

- the name of the addressee and the applicant's data (passport data, registration address);
- the amount of payment for the Services, the date of transfer and a copy of the payment document for the transfer of funds;
- reasons for cancellation of the Agreement;
- details for the transfer of funds;
- applications, if necessary, confirm any facts relevant to the implementation of the refund;
- links to their profiles on social networks (VK, Instagram, Facebook)
- phone, e-mail;
- date, signature and transcript.

6.8 If the application does not contain the necessary information required for the refund, the Contractor does not guarantee the terms specified in clause 6.6 of the Agreement.

6.9 The funds paid by the Customer are returned only in part of the Services actually not provided, minus the expenses incurred by the Contractor (in particular, the bank commission).

6.10 Refunds are made in the same way as the payment was made. The parties unconditionally accept that, if it is impossible to make a refund in the same way as payment, the final decision on the method of refunding funds remains at the discretion of the Contractor.

6.11 A financial document confirming the deposition of funds by the Contractor to the Customer's account is proof of the Executor's fulfillment of the obligation to return the funds to the Customer, which is unconditionally accepted by the parties.

6.12 The Customer, in the event of providing him with Services of inadequate quality, has the right to exercise the rights provided for by the Law of the Russian Federation "On Protection of Consumer Rights" only in the case when the violation of his rights occurred through the fault of the Contractor and with documentary proof of the specified circumstance.

7. RESPONSIBILITY OF THE PARTIES

7.1 The Parties are liable for violation of the terms of the Agreement in accordance with the current legislation of the Russian Federation.

7.2 The Contractor is not responsible for the impossibility of providing the Services to the Customer for reasons beyond the control of the Contractor, in particular, disruption of the operation of the Internet telecommunications network, equipment or software on the part of the Customer; failures in the work of e-mail services - mailing, including when the Contractor's letters get into the "Spam" folder.

7.3 The Contractor is not responsible for violation of the terms of this Agreement in case when the Customer provides false and / or incomplete information regarding himself, including contact information (e-mail, phone, etc.), as well as if the Customer does not provide a new contact information when it changes.

7.4 The Content, as well as any information, materials and / or advice provided by the Contractor as part of the provision of the Services under this Agreement, cannot be considered as guarantees of achieving the result, since this completely depends on the actions of the Customer himself, his personal qualities, quality and speed mastering / implementation of the knowledge and materials obtained from the Contractor.

7.5 Making decisions based on all the information provided by the Contractor is in the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor as part of the fulfillment of its obligations under this Agreement (the risk of not receiving the expected and the risk of possible losses).

7.6 The Contractor does not assume responsibility for the discrepancy between the result of the provision of the Services and the expectations of the Customer.

7.7 The Contractor's liability is limited to the amount of remuneration received for each Service provided.

7.8 The Contractor's Service may contain links to other Internet resources. By accepting the Offer, the Customer agrees that the Contractor does not bear any responsibility for the availability of these resources and for their Content, as well as for any consequences associated with the use of the Content of these resources.


8. FORCE MAJEURE

8.1 The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances (force majeure) that arose after the conclusion of this Agreement and made it impossible to fulfill obligations in accordance with the terms of this Agreement.

8.2 The Parties agreed that in case of the occurrence of the circumstances provided for in clause 8.1 of the Agreement, the deadline for fulfilling the obligations under this Agreement shall be postponed for the period of time during which these circumstances and their consequences were in force.

8.3 If force majeure circumstances and their consequences continue to operate for more than six months, the parties shall negotiate as soon as possible in order to identify alternative ways of fulfilling the terms of this Agreement acceptable to both Parties and to reach appropriate written agreements.

9. COPYRIGHT PROTECTION

9.1 The Contractor's Service contains the results of intellectual activity belonging to the Contractor, its affiliates and other related parties, representatives, all other persons acting on behalf of the Contractor.

9.2 Nothing in this Offer can be considered as a transfer to the Customer of exclusive rights to the Content.

9.3 In particular, the Customer is prohibited from:

9.3.1 Reproduce, copy, and also use in any way for any commercial purposes the Content without the consent of the Contractor or other copyright holders;
9.3.2 Modify the Content;
9.3.3 Distribute, assign, sell, donate, transfer for use, etc. access to the Content to third parties without the consent of the Contractor, to jointly acquire access to the Content;
9.3.4 Take any other actions in relation to the use of the Content that violate the legislation on the protection of intellectual rights.

9.4 Do not record, do not distribute for commercial or non-commercial purposes the Content provided by the Contractor to the Customer, create information products on its basis in order to generate commercial profit, and also use this Content in any other way, except for personal use.

9.5 Not to change in any way the software part of the Service from which the Services are provided, not to take any action aimed at changing the functioning and performance of the Service.

9.6 Do not access the Content using any technology or means other than the capabilities of the Service, or other means that the Contractor may specifically provide.

10. CONDITIONS AND PROCEDURE FOR RENDERING SERVICES BY SUBSCRIPTION

10.1 The Customer has the opportunity to receive, for a fee, access to the Content through a Subscription. The terms, cost and details of the services included in the paid features of the Service, available in the Subscription form, are indicated on the Contractor's Website in the Tariff Plan.

10.2 Access to the Content in the Subscription format is paid by the Customer on a weekly basis and until the Customer refuses in the Account menu on the Service. In case of cancellation of the Subscription before the end of the minimum number of billing periods, funds for the remaining days will not be refunded, and the payment will be debited for the minimum number of billing periods (8 weeks).

10.3 To activate the Trial period, the Customer must:

10.3.1 Create an Account or log into an already created Account.
10.3.2 Click on the button for connecting to the Service “Subscribe";
10.3.3 Link your bank card, from which, after the expiration of the Trial period, payment for the Service will be made. To link a bank card, the Customer must enter his bank card details in the window that appears after clicking the button to connect to the Service. When entering the bank card details in the manner of this paragraph, a preliminary check of the Customer's bank card can be made as available for debiting funds without purchasing the Service. As part of checking a bank card (without purchasing the Service), a sum of money not exceeding 50 (fifty) rubles may be withheld and returned as soon as possible. The amount and period of return from the moment the specified amount is withheld is determined by the issuing bank and does not depend on the Contractor. After the successful completion of the actions specified in this paragraph, the Customer's card is considered linked.

10.4 The bank card data specified by the Customer when paying for the Service goes directly to the information systems of the Operator or the Issuing Bank. The Contractor under no circumstances gets access to the data of the Customer's bank card, which he enters into the payment form and is not responsible for the confidentiality and safety of such data.

10.5 After the expiration of the Trial period for using the Service, the cost of the Service is automatically debited from the Customer's bank card account in the amount provided for by the Tariff plan chosen by the Customer. The cost of using the Service during the Trial period is included in the cost of the first period of using the Service paid by the Customer. By activating the Trial period, the Customer agrees to pay the cost of the Service in accordance with this clause. The Customer has the right to refuse to use the Service before the expiration of the Trial period by clicking the "Unsubscribe" button in the Account menu in the "Subscription Management" section.

10.6 The service is provided to the Customer on a prepayment basis immediately after the payment is made. Payment for the Service is carried out by the Customer by transferring funds in favor of the Contractor through supported payment methods. The list of available payment methods is determined by the Contractor unilaterally and is available for review by the Customer at the time of payment for the Service.

10.7 When making payments, the Customer undertakes to follow the instructions of the relevant payment methods, as well as the payment rules established by the Contractor. The Contractor is not responsible for the rejection of the Customer's payment resulting from an error of the operator of the payment method or by the decision of the operator.

10.8 The Customer undertakes to provide reliable data when making payments. The customer independently bears all risks of negative consequences associated with the indication of incorrect data when making a payment.

10.9 For questions about the rules and procedure for using payment methods, as well as the commission charged for conducting transactions, the Customer must contact directly the operators of the payment methods chosen by him. The customer confirms his consent to the payment of commissions to third parties who ensure the implementation of payments for the Service. The size of the commission is indicated when the Customer makes payment.

10.10 When using the Service for the first time, the Customer agrees to automatically extend the term for the provision of the Service and to automatically write off funds from the Customer's linked bank card as payment for the provision of the Service in accordance with the Tariff plan chosen by the Customer. Automatic debiting of funds for the provision of the Service is carried out 1 (One) day before the end of the current term for the provision of the Service, if the Customer has not canceled the automatic renewal before the specified period. The customer has the right to refuse automatic debiting of funds by clicking the "Unsubscribe" button located in the description of the selected course (Account menu - "My orders" section - "Read details / Details" button - "Unsubscribe" button). If the Customer refuses to automatically write off no later than 1 (One) day before the end of the service, after the expiration of the minimum number of settlement periods, the funds cannot be written off, access to the Content is terminated.

10.11 The Customer agrees that if, on the last day of the term for the provision of the Service, there are not enough funds on the linked bank card of the Customer to pay for the next term for the provision of the Service, then the Contractor, at his option, has the right to:


10.11.1 Write off funds in the amount stipulated by the Tariff plan selected by the Customer for the Service from the Customer's bank card on any day of the month following the end date of the paid period for using the Service, when funds appear on the Customer's bank card;
10.11.2 Block the Customer's access to the Service. From the moment of such blocking, the term for the provision of the Service is considered expired.

10.12 The provision of clause 10.11 of the Offer is also applied when providing the Customer with a Trial period for using the Service. If, at the end of the Trial period of using the Service, there are not enough funds on the linked bank card of the Customer to pay the cost of the Service, then the Contractor has the right to write off funds in the amount specified by the Tariff plan chosen by the Customer for the Service from the bank card of the Customer on any day of the month, following the end date of the Trial period when funds appear on the Customer's bank card

11. OTHER PROVISIONS

11.1 The Customer guarantees that all the conditions of the Offer are clear to him and he accepts them unconditionally and in full, without any conditions, exceptions and reservations.

11.2 By accepting this Agreement, the Customer confirms that he has read and agrees with the privacy policy posted on the Service.

11.3 In the case that is not regulated by this Agreement, the Parties undertake to be guided by the norms established by the current legislation of the Russian Federation.

11.4 The Parties acknowledge that if any of the provisions of the Agreement becomes invalid during its validity period due to changes in legislation, the remaining provisions of the Agreement are binding on the Parties during the term of the Agreement.


CONTRACTOR'S DETAILS


Individual entrepreneur Kushnareva Victoria Vitalievna


OGRNIP 317527500122258
TIN 526005558036

Address: 603087, Nizhny Novgorod region, Nizhny Novgorod, Kazanskoe highway, 10, 1, 123

E-mail: miyabi.academy@gmail.com

+79991389943