PUBLIC OFFER
for participation in the lecture course
"Yacht Service Mastery - Hostess Training Course"
CONTACT INFORMATION:
Phone: +38 066 6926630
Email: marinegrace.seaservice@gmail.com
This document (hereinafter referred to as the "Offer") is a public offer from individual entrepreneur Taras Vasylovych Chornyi, EDRPOU code 2859710018, to conclude a contract (hereinafter referred to as the "Contract") under the conditions specified below.
The details of the direct service provider (parties to the concluded contract) are recorded in the issued invoice or electronic invoice.
The offer to conclude the Contract is addressed to an unlimited circle of individuals and legal entities (hereinafter referred to as the "Customer") and is the same for everyone. Legal entities may act as Payers by paying for the services provided under this contract to specific individuals.
The relations of the parties are governed by this Contract and the provisions of the current legislation of Ukraine.
1. SUBJECT OF THE CONTRACT
1.1. Under the terms of this Contract, the Contractor undertakes to provide the Customer with informational services within the framework of the lecture course program, the description of which is indicated on the website www.marine-grace.com (hereinafter referred to as the "Course"), and the Customer undertakes to accept and pay for the ordered service.
2. PROCEDURE FOR ACCEPTANCE OF THE OFFER
2.1. Providing the text of this Offer to the Customer, as well as posting the text of the Offer on the website www.marine-grace.com, constitutes an offer by the Contractor to conclude this contract on the specified terms.
2.2. This Contract is concluded on the terms of an accession agreement and is considered concluded from the moment of acceptance of the public offer. The Offer may be accepted (accepted) by any individual or legal entity interested in receiving services provided by the Contractor in accordance with the requirements of this Contract.
2.3. By accepting the public offer to conclude such a Contract, any individual or legal entity interested in receiving services provided by the Contractor confirms that it fully accepts its terms.
2.4. Any individual or legal entity interested in receiving services provided by the Contractor accepts (accepts) the Offer by: performing a conclusive action - paying for the course on the terms specified in this Contract. The written form of this Contract in accordance with the law of Ukraine "On electronic commerce" may also be additionally sent by sending an email.
2.5. Acceptance of this Offer means that the Customer fully accepts all the conditions contained in the Offer as a whole (that is, in full and without exception).
2.6. The Customer confirms that before concluding this Contract, he was fully and properly acquainted with all its provisions and accepted them voluntarily without any coercion.
3. TERMS OF SERVICE PROVISION
3.1. The description and program of the lecture course are published on the website www.marine-grace.com.
3.2. The services that are the subject of this Contract are provided by the Contractor through the conduct of the lecture course:
3.2.1. in real-time mode, using the Zoom service or another similar service.
3.2.2. in offline sessions (in-person format), through seminars or classes (hereinafter referred to as "sessions").
3.3. The time of the sessions is notified to the Customer by email message to the Customer's specified email address in the application for enrollment in the course, as well as by SMS notification, including via the Telegram messenger or another similar service.
3.4. The provision of services is determined by the course terms specified on the website www.marine-grace.com and constitutes 8 lectures held within 21 calendar days from the start date of the course.
3.5. The services under this Contract are considered provided by the Contractor:
- for online sessions in real-time mode - at the time of sending the link to the platform for sessions, which will take place online, to the Customer's email address (regardless of whether the Customer participated in them);
- regarding offline sessions - notification to the Customer's email address or phone number about the time, place, and date of the sessions (regardless of whether the Customer participated in them);
- regarding the provision of access to educational and informational online materials - from the moment of the Contractor providing technical access to the materials (regardless of whether the Customer used them).
3.6. All claims of the Customer regarding the provision of services under this Contract are accepted by the Contractor for consideration in writing via email, within 2 (two) days from the date of service provision. Claims received by the Contractor after the specified period will not be considered.
If within the period specified in the first paragraph of this clause, the Contractor has not received a claim, it is considered that the services were provided by the Contractor properly, in full, without comments, and the acceptance-delivery report for the provided services is signed.
3.7. Upon completion of the Course, the participant is issued a Certificate of Course Completion of the Contractor's own sample.
4. PAYMENT METHOD
4.1. The price is determined and applied according to the Course, which is indicated on the website www.marine-grace.com, promotional materials, or advertisements on social networks.
4.2. Payments for services are made by transferring money to the Contractor's account or through online payment systems used by the Contractor.
4.3. Payment for services is made in hryvnias.
4.4. Money paid in accordance with the terms of this Offer is non-refundable.
4.5. The Contractor reserves the right to apply individual discounts. The discount is not provided after the Course is purchased.
4.6. The Customer agrees to make full payment for the services before the start of the educational Course.
4.7. Services are considered paid at the moment of receipt of funds to the Contractor's settlement account.
5. CUSTOMER RIGHTS AND OBLIGATIONS
5.1. The Customer has the right to personally participate in the sessions, as well as in the created groups and chats.
5.2. The Customer has the right to receive and use demonstration and informational materials provided within the framework of the course.
5.3. The Customer is obliged to accept the terms of study and adhere to the Course program, attend sessions, and complete practical assignments.
5.4. The informational materials received by the Customer as a result of the services provided under this Contract, or their parts, are subject to the following restrictions: their use is limited by the Customer's obligation not to reproduce, duplicate, or copy, not to sell, transfer, or use the materials for any other purposes, as well as not to provide access to the obtained materials to third parties.
5.5. The Customer undertakes to handle the material and non-material assets, business reputation of the Contractor, as well as of invited individuals (teachers, lecturers, experts, etc.), and other customers (participants) of the Course, with care.
5.6. Photo, video, and audio recording of Course sessions by the Customer are prohibited.
5.7. By entering into the Contract under the terms of this Offer, the Customer grants the Contractor the right to:
5.7.1. collect, store, process, and destroy the Customer's personal data;
5.7.2. send messages, emails, and SMS to the Customer and make phone calls;
5.7.3. inform the Customer about new products, services, and other offers.
5.8. The Customer undertakes to provide complete and truthful information necessary for their identification.
6. CONTRACTOR RIGHTS AND OBLIGATIONS
6.1. The Contractor undertakes to provide services under the terms of this Offer in a qualitative and comprehensive manner.
6.2. The Contractor independently determines the program and procedure for conducting sessions and their content. At the Customer's request, the Contractor sends the specified information to the Customer via email.
6.3. The Contractor has the right to suspend access to informational materials and services or refuse the Customer's participation in sessions, group participation, and chats in case of violation of the terms of this Offer by the Customer.
6.4. The Contractor reserves the right to supplement, move, modify, delete informational materials posted on the informational website www.marine-grace.com at any time.
In the event of significant changes to the terms of the educational Course, such changes come into effect from the moment the modified participation terms are posted on the website (if the effective date is not additionally specified).
7. LIABILITY OF THE PARTIES
7.1. In case of breach of obligations or provision of false information during the conclusion or performance of the Contract, the parties shall be liable as established by this Contract.
7.2. The Contractor shall not be liable for:
- the impossibility of providing services due to reasons beyond their control, including force majeure circumstances, consequences caused by the aggression of the Russian Federation, etc.;
- disruptions in communication lines, malfunctions of equipment and software not owned by the Contractor;
- breaches of security of equipment and software used by the Customer to access the services;
- loss of confidential information or its parts if the Contractor is not at fault;
- any damages to third parties arising not due to the fault of the Contractor.
7.3. The Customer is liable for:
- the use of account data by third parties used to access the services;
- the use of materials provided during the provision of services for the purpose of resale, distribution, or transfer to third parties;
- violation of the terms of receiving services;
- violation of payment terms.
7.4. Limitation of Contractor's liability:
- the total liability of the Contractor for any claim or demand is limited to the amount paid for the service under this Contract, excluding bank commissions and/or payment systems;
- in case of breach of service provision terms by the Contractor, the liability of the Contractor is limited solely to extending the service provision terms or providing services at new terms until the full performance of obligations under this Contract.
7.5. If the Customer transfers demonstration and informational materials to third parties without the written consent of the Contractor, as well as if the Customer is found to use the obtained informational materials for commercial purposes (for conducting similar activities), the Customer bears the following liability:
- the Customer may be excluded from participation in sessions, and the Contract may be terminated by the Contractor unilaterally, without refunding the participation fee (in this case, the difference between the actual value of the received services and the amount of the prepaid fee is retained by the Contractor as compensation for damages caused by such breach);
- the Customer shall compensate the Contractor for all direct and indirect damages caused by such breach;
- the Customer is liable for infringement of the copyright and property rights of the Contractor as established by the current legislation of Ukraine.
7.6. The parties shall be released from liability for non-performance of obligations if such non-performance is caused by force majeure circumstances (circumstances beyond the control of the Parties) that prevent the fulfillment of the terms of this Contract.
Force majeure circumstances (acts of God) shall mean circumstances that arise during the term of this Contract.
The Party for which the conditions preventing the fulfillment of obligations under the contract due to force majeure circumstances have occurred must notify the other party in writing about the occurrence of these circumstances without delay, but no later than 10 (ten) days from the date of their occurrence. The notification must contain information about the occurrence and nature of the circumstances and their possible consequences.
From the moment of receiving such notification by the other party to the Contract, the fulfillment of the conditions of this Contract is suspended for the entire period of force majeure circumstances. In case of the occurrence of the above-mentioned circumstances, the payments made by the Customer under this Contract are not refunded, but the Customer may resume receiving the suspended services in the future, provided such opportunity arises.
8. TERM OF THE CONTRACT
8.1. The Contract shall enter into force upon payment by the Customer for the Course and shall remain in force until the Parties fulfill their obligations in full, but shall be limited to a period of 21 days from the start of the lecture course. The Contract may be terminated prematurely in cases directly established by the Offer and the current legislation.
8.2. The Contractor has the right to unilaterally terminate this Contract and cease to provide services in case of:
- failure of the Customer to fulfill their obligations under this Contract, including in case of violation of payment terms provided by this Contract;
- breach of the internal regulations of the Contractor by the Customer;
- non-attendance of the Customer to receive services provided by this Contract;
- violation of moral and ethical norms by the Customer during the provision of services provided by this Contract;
- refusal of the Customer to receive services.
In case of termination of the Contract by the Contractor, including for the reasons mentioned above, the payments made by the Customer under this Contract are not refunded.
9. DISPUTES AND THEIR RESOLUTION
9.1. All disputes arising during the performance of this Contract shall be resolved by the parties through negotiations. In case disputes are not settled through negotiations, they shall be resolved in accordance with the requirements of the current legislation of Ukraine.
10. OTHER TERMS
10.1. The offer to conclude the contract (offer) becomes effective from the moment of publication on the Contractor's website and remains in effect until it is withdrawn by the Contractor.
10.2. The Contractor reserves the right to make changes to the terms of the Offer and to withdraw it at any time at their discretion. The occurrence of such circumstances is not a reason for the Contractor to refuse to provide the services specified in the scope of services paid by the Customer. Changes to the terms of the Offer that affect Customers who have already accepted the terms of this Offer and are receiving services under this contract are made by making the necessary changes, which will take effect after their entry into force and are considered accepted by the Customer from the moment of payment for services made after such changes. Changes to this Contract are made by informing in any way. In any case, the pre-paid volume of services cannot be reduced. All appendices, amendments, and additions to this Contract constitute its integral (part/attribute) part.
10.3. If one of the clauses of the Contract becomes invalid, the other provisions remain valid in the order and on the conditions established by this Contract.
10.4. By concluding the Contract on the terms of this Offer, the Customer agrees to the processing of their personal data by the Contractor, namely to perform, including the following actions: collection, systematization, accumulation, storage, clarification (updating, changing), use, for the purpose of providing information services and their payment, destruction, and others. The specified actions may be carried out using automation tools.
10.5. The Contractor has the right to transfer the Customer's personal data, as well as the Customer's confidential information, to their employees, as well as third parties involved by the Contractor in the provision of services under the contract, solely for the purpose of organizing the provision of services, ensuring proper preservation of confidential information and personal data.
10.6. Upon termination of the Contract, the Parties ensure proper storage of confidential information and trade secrets that became known to them during the performance of contractual obligations, as well as other information for the period provided by law.
10.7. If a potential course participant is a minor, only the legal representative of such person may act as the Customer of the services. In this case, after joining this contract, the legal representative becomes the Customer, and the minor person becomes the User.
Last updated: 21.04.2024