1. General Provisions1.1. This document is a Public Offer from ALPAMYS EDUCATION COMPANY OÜ, hereinafter referred to as the “Contractor”, and contains all the essential terms of the Agreement for the provision of information and consulting services.
1.2. Person who has accepted this Public Offer shall acquire all the rights and obligations of the Customer provided for in this Agreement.
1.3. Acceptance of this Public Offer shall be the full payment of the selected course. From the moment of receipt of funds to pay for the services provided to the Contractor’s settlement account, this Agreement shall be considered concluded between the Customer and the Contractor.
1.4. Acceptance of this Offer and, accordingly, the conclusion of this Agreement shall mean that the Customer, to the extent necessary for him, has become familiar with the terms of this Agreement and the payment system policy (hereinafter referred to as the “System”), the specifics of the System and the website on which the training materials are posted, and that the Customer recognizes the unconditional suitability of the System and the website for performing such actions and achieving the goals that are the subject of this Agreement.
1.5. The current Offer Agreement shall be always located at: https://alpamys.eu/
2. Subject of the Offer Agreement2.1. The Contractor shall undertake to provide the Customer with services for the selected course, and the Customer shall undertake to pay for these services and properly comply with the conditions set forth in this Offer. The Contractor shall undertake to provide Subscription services to the Customer, and the Customer shall undertake to pay for these services and properly comply with the conditions set forth in this Offer.
2.1.1 Name and program of a specific Course and webinar, term (duration), procedure, cost, and other conditions shall be posted by the Contractor before the conclusion of the Agreement on the information and telecommunication network “Internet” on the official website of the Contractor https://alpamys.eu/, on the corresponding page on the Website.
2.1.2. Provision of services shall be carried out by the Contractor by placing training materials and tasks for the Customer in a closed section on the Website. Services under this Agreement are limited to providing the Customer with information and developing skills for its independent use.
2.2. When activating a Subscription, the Customer shall make periodic subscription payments, regardless of whether the Customer requested the appropriate performance from the Contractor (Content Views were made).
2.3. Services under this Agreement are provided by the Contractor remotely via the Internet, by means of software.
3. Statement of Works3.1. On the day of the beginning of the training course, provided that the cost of the service is paid in full, the Contractor shall send to the Customer via e-mail a link to the training platform, where the online course will be held and the login for authorization.
3.2. Services shall be rendered by the Contractor exclusively to the Customer personally. The Customer is prohibited to transfer the access details (login, password, unique key, link) for receiving services to third parties, as well as joint receipt or purchase of services with third parties without special permission of the Contractor. In the event of breach of this clause, the Customer shall pay to the Contractor a fine of 165,000 (one hundred and sixty-five thousand) South African rand.
3.3. Subscription Services shall be considered rendered from the moment the access to the Content is granted.
4. Service Provision Period and Procedure for their Postponement4.1. Service Provision Period under this Agreement depends on the course chosen by the Customer and shall be posted by the Contractor before the conclusion of the Agreement on the Information and Telecommunications Network “Internet” on the official website of the Contractor https://alpamys.eu/.
4.2. Schedule and content of the training program shall be posted on the Website and in the closed section on the Website.
4.3. If the Customer applies for a postponement of the service period, the Contractor has the right to satisfy the application, subject to additional payment by the Customer of another 50% of the cost of the purchased course.
4.4. Training service shall be considered to be provided, be of proper quality, on time and accepted by the Customer, if within 24 hours from the date and time of the training the Customer has not stated a reasoned objection to the quality and scope of such service in the personal account on the GetCourse platform or via e-mail to https://alpamys.eu/.
5. Rights and Obligations of the Parties5.1.
Obligations of the Contractor:5.1.1. Provide the Customer with personal access to the training program in a closed section on the Website within 2 (two) days from the date of receipt of payment from the Customer.
5.1.2. The Contractor shall not be obliged to give recommendations to the Customer on exchange trading issues.
5.2.
The Contractor shall have the right to:5.2.1. Unilaterally change the schedule for the placement of training materials, feedback and other consultations, without changing the established frequency of their conduct, as well as change and supplement the content of lessons and tasks for the Customer.
5.2.2. Unilaterally amend and supplement the terms of this Agreement, without prior approval from the Customer, while ensuring the publication of the amended terms on the website https://alpamys.eu/, at least one day before they come into effect.
5.2.3. Unilaterally terminate this Agreement in the event of a material breach by the Customer of the terms of this Agreement. In this case, the funds paid by the Customer under this Agreement shall not be refunded and shall be a penalty for the Customer’s actions. A material breach of the terms and conditions of this Agreement shall mean any violation of copyright, including a single violation by the Customer of clause 3.2. of this Agreement.
5.2.4. Block the Customer’s participation in Feedback or in the comments to video lessons without the right to a refund in case of violation of the rules of conduct in the process of receiving services under this Agreement, namely: igniting ethnic conflicts, distracting participants from the topic of the webinar, spamming, advertising, taboo language, rudeness, general calls for distrust or insulting the Contractor and other participants of the training program. The Contractor has the right to block the participation of the Customer under the terms of this clause temporarily or until the end of the training program.
5.2.5. Involve third parties to provide services in accordance with this Agreement. At the same time, the Contractor shall not be responsible for the illegal actions of third parties in the provision of services under this Agreement, but shall make every effort to ensure the protection of the rights and interests of the Customer.
5.2.6. The Contractor shall not be obliged to give recommendations to the Customer on exchange trading issues.
5.3.
Obligations of the Customer:5.3.1. After choosing a service, accepting this Public Offer and paying in full or in part for information and consulting services, adhere to the established schedule of the training program, the goals and essence of the Contractor’s tasks, comply with the deadlines for completing homework, follow the recommendations and requirements of the Contractor as part of the provision of services under this Agreement.
5.3.2. Follow the rules of conduct at the lessons with Feedback and show respect for the Contractor and other participants of the training program.
5.3.3. The Customer shall undertake not to record webinars, online lessons broadcasts, text materials and their distribution (including in the form of posting on the Internet, including for a fee, for transfer to collective/shared ownership), as well as from retransmission (including paid) of the webinar/seminar for persons who have not concluded an Agreement with the Contractor for the provision of services. In case of violation of this clause, the Contractor shall suspend the Customer’s access to the service, and the Customer shall pay the Contractor a fine of 165,000 (one hundred and sixty-five thousand) South African Rand. For violation of copyright and related rights of the Contractor, the guilty person may be brought to criminal justice.
5.3.
Obligations of the Customer:5.3.1. After choosing a service, accepting this Public Offer and paying in full or in part for information and consulting services, adhere to the established schedule of the training program, the goals and essence of the Contractor’s tasks, comply with the deadlines for completing homework, follow the recommendations and requirements of the Contractor as part of the provision of services under this Agreement.
5.3.2. Follow the rules of conduct at the lessons with Feedback and show respect for the Contractor and other participants of the training program.
5.3.3. The Customer shall undertake not to record webinars, online lessons broadcasts, text materials and their distribution (including in the form of posting on the Internet, including for a fee, for transfer to collective/shared ownership), as well as from retransmission (including paid) of the webinar/seminar for persons who have not concluded an Agreement with the Contractor for the provision of services. In case of violation of this clause, the Contractor shall suspend the Customer’s access to the service, and the Customer shall pay the Contractor a fine of 165,000 (one hundred and sixty-five thousand) South African Rand. For violation of copyright and related rights of the Contractor, the guilty person may be brought to criminal justice.
6. Cost and Settlement Procedure6.1. Cost of information and consulting services under this Agreement shall be indicated on the Website
https://alpamys.eu/ , and can be changed unilaterally by the Contractor at any time. New cost shall be effective upon publication and shall not apply to services paid for by the time of publication.
6.2. Payment for the selected service shall be made by the Customer by crediting funds in advance to the settlement account of the Contractor in the amount of 100% of the cost of services. If payment is received in an amount less than the cost of the service, the Agreement shall not be considered concluded.
6.3. The moment of payment shall be the receipt of funds to the Contractor’s settlement account.
6.4. Subscription fee.
6.4.1. The Customer shall authorize the Contractor to charge a periodic subscription fee for the Subscription set by the Contractor on the day of payment for each billing period (equal to the initial term of the Service order) on the terms of automatic renewal. Standard billing period (subscription month) shall be 30 days.
6.4.2. The Contractor shall have the right to provide the Customer with the opportunity to purchase a Subscription with a longer billing period (for example, 90, 180, 360 days) at standard or special prices. The Contractor shall independently determine the possible length of the billing period.
6.5. Procedure for making a subscription fee.
6.5.1. The Customer shall pay for the Subscription on a prepayment basis for each billing period. Funds for the new subscription period shall be debited automatically the day after the end of the subscription period. The Customer shall monitor the payment deadlines in a timely manner.
6.5.2. The Customer shall agree to automatic debiting of funds from the Customer’s bank account (bank card linked to the Personal Account) as part of the automatic Subscription renewal.
6.5.3. If there are no funds in the Customer’s bank account at the time of automatic debiting, the automatic debiting attempt shall be repeated one day after the date of the first attempt, but not more than 3 attempts.
6.5.4. If the User has not paid in full for a new billing period of the Subscription, access to the Subscription shall be deactivated on the day following the end of the paid period.
7. Terms and Procedure for Refunds7.1. The Contractor shall refund the payment upon the request of the Customer sent to the following e-mail address: mfest.club9@gmail.com not later than 14 (fourteen) calendar days from the start of the training course schedule (or access to lessons). In case of establishing the fact of non-provision of services (improper quality of services) for the corresponding option of purchased services, the Contractor shall refund the money minus the actual costs of the Contractor, determined at the time of return according to the rules of clause 8.2. of this Agreement.
7.2. The actual costs of the Contractor shall include (but not limited to) in particular commissions of banking, credit institutions and relevant payment systems for the refund, salaries of the Contractor’s employees and contractors participating in the training program, expenses for the software used by the Contractor in the course of training or payment for services of third parties, as well as the cost of bonus materials provided to the Customer. In addition, the actual costs shall include the cost of the training materials provided to the Customer, Classes and other online meetings organized by the Contractor, even if the Customer did not use the materials and did not participate in the Classes without valid reasons confirmed by documents.
7.3. Decision to refund or refuse to refund the payment shall be made by the Contractor within 10 (ten) business days from the date of receipt of the relevant application from the Customer.
7.4. Refund of payment shall be returned to the Customer’s account from which the tuition was paid, or to another account specified by the Customer, within 14 (fourteen) business days after the decision on the refund was made.
7.5. Applications for a refund sent to the Contractor after 3 (three) calendar days after the completion of the training program shall not be considered.
7.6. The User may opt out of automatic renewal of the Subscription. In this case, the Subscription shall be provided to the Customer until the end of the current paid subscription period, depending on the type of Subscription according to the terms of the Agreement. No funds shall be charged for the new billing period. Automatic renewal of the Subscription for the next billing period may be cancelled not later than the last day of the current billing period.
7.7. Procedure for refusing automatic renewal of the Subscription.
7.7.1. The User may deactivate the automatic renewal of the Subscription on the Website using Personal Account. To do this, the User shall log in and uncheck “Renew automatically” through the section “My purchases” – “[Purchased products]” – “Purchase” – “Renewal”.
7.8. Funds for Subscriptions for previous billing periods shall not be refunded to the Customer, since Services for previous billing periods at the time of cancellation have already been provided by the Contractor properly, regardless of whether the Customer watched the Content and shall be paid by the Customer.
8. Liability of the Parties 8.1. The Contractor shall not be responsible for the inability to provide services to the Customer for reasons beyond the Contractor’s control, namely: Internet outage, disruption of equipment or software on the part of the Customer. In this case, the services shall be considered to be provided properly and payable in full.
8.2. No information, materials and/or advice provided by the Contractor as part of the provision of services hereunder shall constitute investment advice or investment recommendations and shall not be construed as guarantees. Decision-making based on all information provided by the Contractor shall be within the exclusive competence of the Customer. The Contractor shall not be responsible for possible losses in the event of transactions or investments by the Customer in financial instruments based on information, materials and/or consultations received from the Contractor and shall not recommend using this information as the only source of information when making an investment decision. The Customer shall assume full responsibility and risks associated with the use of information and materials provided by the Contractor as part of the fulfilment of its obligations under this Agreement.
8.3. The Contractor shall not guarantee absolute uninterrupted provision of services under this Agreement, despite the fact that the Contractor shall take all possible measures to prevent the above. If the Internet connection is poor than the stable operation of the software cannot be guaranteed, and in this case it may be difficult or impossible to obtain services under this Agreement.
8.4. The Parties shall be released from liability for non-fulfilment or improper fulfilment of obligations hereunder for the duration of force majeure. During this time, the Parties have no mutual claims, and each Party assumes its own risk of the consequences of force majeure. The Contractor shall notify the Customer about the occurrence of such circumstances by posting information on the Website and/or to the e-mail box specified by the Customer when making the payment, and the Customer shall send the Contractor an e-mail to mfest.club9@gmail.com indicating in the Subject line “Force majeure”. The Parties shall understand the force majeure circumstances (force majeure) as: fire, flood, earthquake and other natural disasters, strikes, war and military actions, entry into force of normative legal acts and acts of application of law that impede the fulfilment of obligations, forced urgent (not planned) hospitalization confirmed by documents, if the above circumstances are beyond the control of the Parties, impede the implementation of this Agreement and occurred after the conclusion of this Agreement. The Customer’s lack of time for any reason to complete the training program, being on vacation, business trip, non-payment for access to the Internet, breakdown of the Internet access means shall not be circumstances of force majeure (force majeure).
8.5. The Contractor’s aggregate liability hereunder in respect of any action or claim in respect of the Agreement or its performance shall be limited to the amount of the payment made to the Contractor by the Customer. In this case, only the real damage can be recovered from the Contractor, but not the lost profit.
9. Personal Data and its Use9.1. The Customer shall give his consent to the Contractor to process his personal data provided during registration in a closed section on the Website, namely: first name, last name, personal image, e-mail address, contact phone number, accounts in messaging services and social networks.
9.2. The Customer shall agree to receive newsletters and promotional materials from the Contractor, or from other persons on behalf of the Contractor, to the e-mail address, Telegram, WhatsApp and contact phone number specified by the Customer when registering on the Website.
9.3. The Customer shall give his consent to the use of his image as a photo of the Customer (userpic) by the Contractor free of charge.
9.4. By posting texts, photos, reviews and other content on the training platform – website, the Customer shall grant the Contractor non-exclusive rights to such content for public display, processing, reproduction, and dissemination to the public without limitation of territory and term, without payment of remuneration. The Customer’s content shall be available for viewing by the Customer and other participants of an online course.
10. Copyright Protection10.1. The Website and the Course shall contain the results of intellectual activity belonging to the Contractor, its affiliates and other related parties, representatives, and all other persons acting on behalf of the Contractor.
10.2. The Customer shall acknowledge and agree that all the contents of the Website and the Course are protected by copyright, trademark and other intellectual property rights, and that these rights are valid and protected in all forms, on all media and in relation to all technologies, whether now existing, developed or subsequently created. No rights to any content of the Website and Courses, including, but not limited to, audio-visual works, text and graphic materials, computer programs, trademarks, shall be transferred to the Customer as a result of using the Website and concluding this Agreement.
10.3. When the cited materials from the Website and/or the Course are directly provided for by the functions of the Website, the Customer shall undertake to provide a link to the Website.
10.4. If the Customer breaches the provisions of this Agreement relating to the protection of the Contractor’s copyrights, the latter shall be entitled to claim compensation of 50,000 South African Rand for each instance of breach, as well as compensation for all losses incurred, including loss of profit.
11. Final Provisions11.1. This Agreement shall come into force from the moment it is signed by the Parties and shall be valid until the Parties completely fulfil their obligations hereunder.
11.2. All disputes and disagreements between the parties shall be resolved through negotiations or in court in accordance with the current legislation of the United Kingdom of Great Britain and Northern Ireland.
DetailsAlpamys Education Company OÜ
Registry code 17083817
Address: Kesklinna linnaosa, Masina tn 22, 10113, Tallinn, Estonia
IBAN: LT25 3250 0970 4334 8434
BIC: REVOLT21
Intermediary BIC: CHASDEFX
E-mail: mfest.club9@gmail.com