1. DEFINITION OF CONCEPTS
In the text of this Agreement, the following terms are given the following meaning:
” Site ” means the following site: Estas.Training, which is owned by the Company and can be found at the following link: www.estas.training.com.
” User “, ” You “, ” Your “, ” You “, ” You ” or any other similar derivative (as the context requires ) means a person who (1) uses the Site and / or has access to its Content; and (2) has given its consent to comply with the rules for using the Site set forth in the text of this Agreement by creating a personal account and registering on the Site.
” Company “, ” We “, ” Our “, ” Nas “, ” Us ” or any other similar derivatives (depending on the context) means the following person: LLC “VASYUTINA”, address of location: Moscow, Pr. Vernadsky, 37 \ 1A, apt. 56, 119415 (including its branches and representative offices both on the territory of the Russian Federation and abroad, as well as any other persons created as a result of the reorganization of the Company), which owns or manages the Site.
” Site Content ” means all objects posted by the Company and / or third parties (with the permission of the Company) on the Site, including design elements, text, graphics, illustrations, videos, programs, music, sounds, information, notifications and what or other objects of a similar purpose, their collections or combinations.
” Site software ” means software developed by the Company (and / or third parties on behalf of the Company) for the Site, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
” Services ” means collectively the Site Content and Site Software.
” User Content ” means (1) all publications made by the User on the Site, including, but not limited to, comments; estimates; reviews; reports; feedbacks; posted videos, photos, music and other media files; put down likes; ratings and / or any other forms of activity available to the User on the Site, as well as (2) any other content created by the User.
2. JOINING TO THE AGREEMENT
2.1. Users use the Site for the following purposes:
A site for educational purposes, with subscriptions for teachers and purchase of courses for students.
2.2. This User Agreement (hereinafter the ” Agreement “) defines the rules and procedure for using the Site and Services, the rights and obligations of Users, and also regulates the behavior of Users when gaining access to the Site and Services.
2.3. The user accepts the terms of this Agreement by creating a personal account and registering on the Site.
2.4. This Agreement is binding on its parties (i.e. for the Company and the User). The assignment by the User of his rights under this Agreement is possible only after obtaining prior written consent from the Company.
3. USERS OF THE SITE
General criteria and age
3.1. To use the Site, Users must meet the following criteria (cumulatively):
(1) be at least 16 years of age; and
(2) not be limited in the right to access the Site and Services on the basis of a court decision that has entered into legal force, or in cases provided for by applicable law or the terms of this Agreement; and
(3) comply with the following conditions / fulfill the criteria:
Never be brought to administrative and criminal liability for violations of honor and dignity, Internet crimes.
Registration on the site and creation of a personal account
3.2. To use the Site and / or gain access to the Services, Users are required to complete a mandatory free registration when entering the Site. Using the Site without registration is impossible. Upon completion of registration, the User receives a unique username and password to enter his personal account (cabinet).
3.3. To register, the User must provide the following information about himself:
Registration for individuals:
Name, Surname, Age, City, Country.
Full name of the company, INN, PSRN, Date of registration, email address for checks.
4. INTELLECTUAL PROPERTY
4.1. The Company owns all, without exception, property rights, including intellectual property rights, to the entire Content of the site, as well as the software of the site. The software of the site and the content of the site are protected by copyright in the manner prescribed by the current civil legislation of the Russian Federation, as well as international treaties and conventions in the field of intellectual property protection.
4.2. Users are prohibited from copying, reproducing, modifying, compiling, distributing, displaying in any form, publishing, downloading, transmitting, selling or otherwise distributing or using the Site Content and Site Software, unless such actions are DIRECTLY permitted by the terms of this Agreement or the current legislation of the Russian Federation.
4.3. Nothing in the text of this Agreement can be interpreted as a transfer to the User of any exclusive rights to the Content of the site (in whole or in a separate part) and / or the software of the site.
4.4. The company owns all rights in relation to trademarks, commercial (business) names, brands, logos registered in its name (hereinafter ” Trademarks” ). Such Trademarks are protected by applicable law and NOTHING in the text of this Agreement can be construed as transferring any license to the User to use such Trademarks.
5. ORDER OF WORK WITH THE SITE
Rules of conduct on the site
5.1. When using the Site, the User undertakes to adhere to the following rules:
(1) comply with all obligations assumed by the User in connection with joining this Agreement; and
(2) provide reliable data about yourself during registration on the Site and to create a personal account (cabinet); and
(3) not impersonate any other person, including, but not limited to, not provide any data of third parties (without obtaining direct, prior and informed consent from them) to register on the Site and / or to create a personal account (cabinet); and
(4) inform the Company about the theft of logins, passwords or any other access keys of the User to the personal account (cabinet); and
(5) not provide third parties with access to your account (cabinet) and / or logins, passwords or other access keys; and
(6) not upload, store, publish, distribute, post, advertise, send, provide access or otherwise use User Content that (a) contains threats, discredits, offends, defames honor and dignity or business reputation or violates the privacy of other Users or third parties; and (b) is spam, bullying, vulgar or obscene, contains pornographic images and texts, scenes of a sexual nature, including those involving minors, or scenes of violence, including sexual, against people or animals; and (c) contains any form of incitement to suicide and / or promotes or contributes to the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or ideology of racial superiority, or contains extremist materials; and (d) promotes violation of the rights or legitimate interests of other Users or third parties, or promotes a crime or contains advice / guidance / instructions for its commission; and (e) violates other rules of this Agreement or is prohibited by applicable law; and
(7) not to take any actions (using automation tools or without such means) aimed at collecting any personal data of other Users; and
(8) not take any action or assist third parties in taking actions aimed at disrupting the operation of the Site, including, but not limited to, (a) downloading viruses or malicious code; (b) take actions that may lead to the disconnection of the Site, to the disruption of the normal operation of the Site or the software of the site, or to a deterioration in the appearance of the Site and / or the Content of the Site.
(9) not take any other action that is illegal, fraudulent, discriminatory or misleading.
User rights to posted content
5.2. Only registered users have the right to create User Content.
5.3. The User Content you create is an object of intellectual property, protected by applicable law, and therefore the Company does not claim to receive and does not require you to grant it any ownership rights to your User Content. Nothing in the text of this Agreement should be construed as depriving the User of the rights to the User Content created by him or their restriction.
5.4. At the same time, you provide the Company with a non-exclusive, royalty-free, worldwide license (hereinafter the ” License “) with the right to transfer and issue sub-licenses to store, use, distribute, modify, launch, copy, publicly perform or display, translate your User-generated content and the creation of derivative works based on it.
5.5. The License issued by you in this way is automatically terminated if your personal account (cabinet) is deleted.
5.6. The Company undertakes to take all possible actions aimed at the complete removal of your User Content immediately after the circumstances arise to terminate the License, except in the following cases when: (1) part of your User Content was used by other Users (based on your previously issued License, in this case Your User Content will be available on the Site and to other Users until another User deletes it); or (2) the User Content posted by you is evidence of any violation, misconduct or crime in criminal, administrative or civil proceedings, or its subsequent storage is required based on the requirements of applicable law or a request received from a competent government authority; or (3) in other cases specified in this Agreement.
User Content Requirement
5.7. Users are prohibited from downloading any User Content that may belong to third parties or the rights to use which were not provided to such User in the required amount. The User hereby undertakes to reimburse the Company for ALL DAMAGES AND LEGAL EXPENSES WHICH HAVE BEEN INCLUDED IN CONNECTION WITH THE SUBMISSION OF CLAIMS BY THIRD PARTIES ABOUT THAT THE PUBLISHED USER CONTENT IS BREAKING THE LEGAL.
5.8. The Company does not check and cannot verify all the materials published by Users within the framework of the User Content they create, and therefore the Company is not responsible for the content of such User Content, for its use and / or its impact on third parties or other Users. Site management does not mean that the Company confirms, supports, guarantees, distributes and / or believes in the information posted within the User Content. The user is responsible for his own protection and the protection of his device from viruses and other malware. The Company does not assume any responsibility for harm caused as a result of using the Site, its Services and / or User Content (including its download).
5.9. The Company has the right at any time to check the User Content for its compliance with the requirements of this Agreement or applicable law. At the same time, nothing in the text of this Agreement should be construed as a direct obligation of the Company to conduct any independent verification of the User Content only at the request of other Users or third parties.
5.10. If you are faced with User Content that violates the terms of this Agreement or the legal rights and interests of Users or third parties, you can send your complaint as follows:
Send an email to email@example.com
5.11. If it is found that the User Content violates the terms of this Agreement or the provisions of the current legislation, the Company has the right, at its sole discretion, at any time, without the need to warn the User and take any responsibility in the future to remove such User Content altogether, and in in case of repeated violation – delete your personal account (cabinet).
6. PLACEMENT OF ADVERTISING ON THE SITE
Advertising by the company
6.1. The Company has the right to post any advertising or marketing materials on the Site from time to time.
6.2. The User may from time to time receive messages from the Company with certain advertising or marketing materials. The Company sends these materials only with the consent of the User, expressed in the form of a corresponding subscription by performing the following actions:
Subscription on the website after registering a teacher account for posting courses
6.3. The user also has the right at any time and without giving a reason to refuse such a free subscription by performing the following actions:
In the general settings of your personal account, uncheck the checkbox and whether to cancel the subscription.
Advertising by third parties
6.4. The Site Content may contain links to third party websites and / or advertising or marketing materials about goods / services provided by such third parties (hereinafter “Third Party Ads “). THE COMPANY DOES NOT ASSUME ANY LIABILITY (1) FOR THE CONTENT OF THE ADVERTISING OF THIRD PARTIES, AS WELL AS FOR THE AVAILABILITY , QUALITY AND SAFETY OF THE PRODUCTS / SERVICES MADE IN SUCH ADVERTISING; and (2) FOR ANY DAMAGES, LOSSES OR DAMAGES INCLUDED OR CAUSED BY THE USER AS A RESULT OF READING SUCH ADVERTISING, USING THEM PROMOTED IN THE ADVERTISING OF THIRD PARTIES GOODS / SERVICES.
6.5. In the event of a transition to another site through a third-party Advertising posted on the Site, the Company cannot guarantee that such a website is safe for the User and / or his computer. Nothing in the text of this Agreement should be interpreted as an assurance, encouragement, recommendation or inducement of the User to use third-party advertising, visit any third-party sites, as well as try, purchase, use any goods / services of third parties.
7. MAKING PURCHASES THROUGH THE SITE
7.1. Users have the opportunity to purchase certain goods / services on the Site. The seller of such goods / services can be both the Company itself and third parties (partners, sellers, distributors) (hereinafter referred to as ” Suppliers “) – depending on what is indicated in the description of a particular product / service.
7.2. WARNING WHEN BUYING GOODS / SERVICES FROM SUPPLIERS. Responsibility for the execution of the sale and purchase agreement concluded between the User and the Supplier through the Site on the basis of the information provided by the Company about the product / service or the Supplier, as well as for the observance of consumer rights violated as a result of the transfer of goods / services of inadequate quality to the consumer and the exchange of non-food goods of proper quality for a similar product is borne by the Supplier.
7.3. The company does not store any information about your debit or credit card used for payment.
7.4. THE COMPANY PROVIDES THE ORDERED GOODS / SERVICE ONLY AFTER RECEIVING THE FULL PAYMENT.
7.5. If the Company is unable to provide you with the ordered and paid product / service, the Company undertakes to immediately return to you the entire amount paid earlier to repay the cost of the ordered product / service (except for bank fees and costs that could be charged by your service bank when paying for goods / services through the Site).
7.6. The company does not guarantee the availability of this or that product / service on the Site.
Delivery methods and terms
7.7. The company provides the following delivery methods for goods / services ordered on the Website:
Delivery only online: delivery of products (courses) of the site to users to the specified e-mail
7.8. The cost of the goods / services ordered by you may be additionally charged with any import (import) taxes, fees or payments (for example, VAT) in the country to which such delivery is carried out. The Company does not pay the specified import taxes, fees or charges on behalf of the Users, cannot predict whether they will need to be paid, as well as the estimated amounts of such charges.
7.9. The User has the right to present to the Company a demand for the return of the money paid by him earlier for the product / service, if such product / service was not received by the User within the agreed period. In this case, the Company undertakes to return such amount in full within 10 (ten) calendar days .
7.10. The company does not assume any responsibility for an error in delivery that occurred through the fault of the User, who, for example, did not indicate the correct recipient data.
7.11. The cost of goods / services on the Site is indicated in Russian rubles. Payment for the product / service must also be made in Russian rubles.
7.12. If you do not have an account in the specified currency, then you can use your debit or credit card, and the servicing bank (debit or credit card holder) will carry out the appropriate conversion at the exchange rate in accordance with its internal banking rules. The company is not responsible for the exchange rate used by your servicing bank for such conversion.
7.13. The user can make a payment in one of the following ways:
By card on the site, when buying and choosing courses, clicking Pay Pay
7.14. Please note that the Company may at any time refuse to accept this or that payment method without any explanation or notification to the Users.
7.15. The product / service is considered paid by the User in full from the moment of confirmation of the execution of such a payment by the banking institution serving the User’s debit or credit card, which was used by him to pay on the Site.
7.16. Please note that your servicing bank may, at its sole discretion, carry out additional checks on the completed transaction through our Site, which subsequently may lead to a delay in payment for the goods / services you previously ordered.
7.17. The Company does not assume any responsibility for losses, damage, lost profits, loss of business reputation incurred by the User due to a delay in payment, which in turn could lead to a delay on our part in providing you with a certain product / service.
The procedure for exchange and return of goods
7.18. The user has the right to exchange or return a previously purchased product on the Site. Only those goods that are specified in the Decree of the Government of the Russian Federation No. 55 of January 19, 1998 are not subject to exchange and return. In all other cases, the User has the right to apply to the Company with a demand for an exchange or return of goods in the manner prescribed by the current legislation on the protection of consumer rights, as well as the terms of this Agreement.
7.19. The user has the right to return or exchange goods of good quality without stating a reason within 14 (fourteen) calendar days from the date of purchase. In the case of returning goods of good quality, the User is refunded in full all the amounts paid by him to repay the cost of such goods. The rules and procedure for the exchange and return of goods are set out at the following link: www.estas.acedemy \ refund.
The quality of the purchased goods
7.20. Immediately after receiving the goods in his hands, the User is obliged to check it for possible defects or deficiencies, as well as for the conformity of the characteristics of the goods to the description set out on the Site.
7.21. The user has the right to present the Company with a demand for the return of the money paid by him earlier for the product / service, if such product / service does not meet the declared quality conditions of the product or its description set forth on the Site. In this case, the Company undertakes to return such amount in full within 10 (ten) calendar days .
7.22. The user has the right to present his claims to the quality of the purchased goods to the Company or the Suppliers (depending on whose product was purchased) within the established warranty period / shelf life of the goods or, if no such period has been established, within 2 (two) years from the date of purchase. purchase of such a product.
8. SUBSCRIPTIONS ON THE SITE
8.1. Access to the Site is possible only upon subscribing. Subscription gives the User access to the following features:
The teacher gets access to the site and the ability to post on the site his courses and training programs.
8.2. Subscriptions can only be annual. The subscription is subject to AUTOMATIC UPDATE BEFORE THE USER REFUSES IT.
8.3. The subscription is paid and is provided to the User only if it is paid in full in advance. If there is a delay in payment for the subscription, the User’s access to certain content is blocked until the payment for the subscription is made in full.
8.4. The user has the right to subscribe at any time by performing the following actions:
After registering an account on the site, the user (teacher, subscription only for teachers) is taken to the Subscriptions page.
8.5. Payment for the subscription must be made in the currency indicated on the Site. Subscription prices are inclusive of VAT and other mandatory taxes and fees.
8.6. The user has the ability to pay for the subscription in one of the following ways:
Bank card, Paypal, Strip.
8.7. In case of cancellation of an already paid subscription, the User has no right to demand any proportional or full refund of the previously paid amounts for the subscription and continues to use the content until the expiration of the paid subscription period.
Subscription termination procedure
8.8. The user has the right to unsubscribe at any time by performing the following actions:
After registering an account on the site, the user (teacher, subscription only for teachers) is taken to the Subscriptions page.
9. TERMINATION OF ACCESS TO THE SITE
9.1. The user has the right to stop using the Site at any time by deleting his account:
Go to your personal account and find the “Delete account” button at the end of the profile
9.2. In the event of (1) violation by the User of the terms of this Agreement; and / or (2) violation of intellectual property rights of the Company, other Users or third parties; and / or (3) committing actions that are illegal, violate the rights and interests of the Company, other Users or third parties, or undermine the operation of the Site or the ability to use the Site by other Users; and / or (4) the Service or the Site is used by the User in such a way that this may entail legal liability of the Company in the future; and / or (5) if required by applicable law or the competent state authority, the Company has the right to terminate (stop) the User’s access to the Site and its Services at any time without prior notice.
9.3. Such termination of access, among other things, also implies the deletion of the User’s personal account.
9.4. The User is duly aware that the Company does not assume responsibility for any damage, losses, lost profits, loss of business or personal reputation caused to the User by deleting or blocking an account and / or inability to access the Site and its Services.
10. ASK A QUESTION
10.1. If you have any questions regarding the terms of this Agreement or the procedure / method for their execution, you can address your question to us in the following way:
Send an email to firstname.lastname@example.org
10.2. Employees and representatives of the Company undertake to make every possible effort to respond to your request within a reasonable period of time.
11.1. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTIES:
(1) FOR ANY INDIRECT, RANDOM unintentionally damage including loss of profits or lost data, damage to dignity or GOODwiLL CAUSED BY THE USE OF THE SITE OF OR OTHER MATERIAL TO WHICH THE USER OR OTHER FACE accessed through SITE EVEN IF THE COMPANY HAS WARNED OR INDICATED THE POSSIBILITY OF SUCH HARM; and
(2) FOR THE ACTIONS OF OTHER USERS, FOR THE USER’S POSTED CONTENT, FOR PRODUCTS / SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS, WHEN YOU ARE ACCESSIBLE TO and
(3) in cases expressly provided for by the terms of this Agreement or the norm of the current legislation.
11.2. Our liability for anything related to the use of the Site and / or the Services is limited to the extent permitted by applicable law.
12. PROCEDURE FOR RESOLUTION OF DISPUTES
12.1. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. In the event that disputes are not resolved through negotiations, disputes are subject to resolution in the manner prescribed by the current legislation of the Russian Federation.
13. FINAL PROVISIONS
13.1. This Agreement comes into force from the moment of its publication on the Site (at the following link: www.estas.academy/termsofuse) and is valid for an indefinite period of time.
13.2. We may revise, amend or change the terms of this Agreement from time to time. Such changes are usually not retrospective. In the event of such a revision, addition or change, the Company undertakes to notify Users 5 calendar days before the entry into force of such changes by publishing the relevant information directly on the Site itself.
If, after the changes or additions made to the text of the Agreement, the User continues to use the Site, this means that he is familiar with the changes or additions and accepted them in full without any objections.
13.3. Unless otherwise expressly stated in the provisions of this Agreement or does not directly follow from the norms of the current legislation, the substantive law of the Russian Federation shall apply to the terms of this Agreement.
13.5. If one or more of the terms of this Agreement has lost its legal force or is declared invalid according to the current legislation, the rest of the terms of the Agreement do not lose their force and continue to act as if the invalid or invalidated condition did not exist at all.
13.6. Access to the Site and its Services is provided to the User “as is”, We do not promise, guarantee, do not imply that the Services and the Site may or may not suit your needs, goals, expectations, and therefore we do not guarantee any specific result or consequences as a result of your use of the Site and its Services.