Public offer agreement
Under this Agreement, one party, the Seller, on the one hand, and any person who has accepted the terms of this Public Offer Agreement - the Buyer, on the other hand, hereinafter collectively referred to as the Parties, have entered into this Public Offer Agreement (hereinafter referred to as the Agreement) addressed to an unlimited number of persons, which is by the official public offer of the Seller to conclude with the Buyers a contract for the sale and purchase of the "Online Courses" service, as well as other services and products of which are posted in the corresponding section of the Website https://itcapit.com/
. Sellers intending to sell services using the Website https://itcapit.com/
and Buyers when purchasing services, "Online Courses" that are posted on the relevant pages of the site, accept the terms of this Agreement as follows. 1. GENERAL PROVISIONS
1.1. The contractual relationship between the Seller and the Buyer is formalized in the form of a Public Offer Agreement. Clicking on the Website page https://itcapit.com/
. in the corresponding section of the button "Register, take part, participate" - as a result of which the Buyer pays for and receives the "Online course" or other services and goods that are posted on the website https://itcapit.com/
means that the Buyer, regardless of the status ( individual, legal entity, individual entrepreneur), in accordance with the current international and Ukrainian legislation, took to fulfill the terms of the Public Offer Agreement, which are indicated below.
1.2. The public offer agreement is public, that is, in accordance with Articles 633, 641 of the Civil Code of Ukraine, its conditions are the same for all Buyers, regardless of status (individual, legal entity, individual entrepreneur). With full agreement with this Agreement, the Buyer accepts the conditions and procedure for placing an order, payment and delivery of goods by the Seller, liability for an unfair Order and for failure to comply with the terms of this Agreement.
1.3. This Agreement enters into force from the moment you click on the button ("Register, take part, participate" - as a result of which the Buyer pays for and receives "Online course" or other services and goods that are posted on the website https://itcapit.com/
), by which the Buyer agrees to purchase the service available from the Seller and is valid until the Buyer receives the service from the Seller and full settlement with him.
1.4. To regulate contractual legal relations under the Agreement, the Parties choose and, if necessary, apply Ukrainian legislation. If an international treaty, the consent of which has been granted by the Verkhovna Rada of Ukraine, establishes rules other than those established by Ukrainian legislation, then the rules of the international treaty are applied. 2. TERMS AND DEFINITIONS
"Public Offer Agreement" - a public agreement, a sample of which is posted on the Website https://itcapit.com/
. and the use of which is mandatory for all Sellers, containing the Seller's offer to purchase a service, information about which is posted on the Website https://itcapit.com/
, sent to an indefinite number of persons, including Buyers.
"Acceptance" - - acceptance by the Buyer of the seller's offer to purchase the service, information about which is posted on the Website https://itcapit.com/
, by adding it to the virtual cart and sending the Order or by direct payment without adding to the cart.
"Service" - an item of trade (online courses service or other services and goods that are posted on this site), the purchase of which on the Website https://itcapit.com/
. posted the seller's offer.
"Buyer" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who have visited the Website https://itcapit.com/
and intend to purchase this or that service.
"Seller" - any capable individual, legal entity, individual entrepreneur, in accordance with the current international and Ukrainian legislation, who are the owners or distributors of the service and using the Website https://itcapit.com/
. have the intention to sell it.
"Order" - duly completed and posted on the Website https://itcapit.com/
. Buyer's application for the purchase of services addressed to the seller.
"Legislation" - the norms established by Ukrainian or international legislation for the regulation of contractual legal relations under the Agreement. 3. SUBJECT OF THE CONTRACT
3.1. The Seller undertakes, on the terms and in the manner determined by this Agreement, to sell the service based on the Order placed by the Buyer on the corresponding page of the Website https://itcapit.com/
, and the Buyer undertakes, on the terms and in the manner determined by this Agreement, to buy the service and pay money for it.
3.2. The Seller and the Buyer confirm that the current Agreement is not a fictitious or sham transaction or a transaction made under the influence of pressure or deception.
3.3. The seller confirms that he has all the necessary permits to carry out economic activities that regulate the scope of legal relations arising and operating in the process of executing this Agreement, and also guarantees that he has the right to implement the service without any restrictions, in accordance with the requirements of the current legislation of Ukraine , and undertakes to bear responsibility in case of violation of the Buyer's rights in the course of the execution of this Agreement and the implementation of the service. 4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. The seller is obliged:
- comply with the terms of this Agreement
- fulfill the Buyer's orders in case of receipt of payment from the Buyer;
- provide the Buyer with a service in accordance with the selected sample on the corresponding page of the Website https://itcapit.com/
, the completed order and the terms of this Agreement;
4.2. The seller has the right:
- unilaterally suspend the provision of services under this Agreement if the Buyer violates the terms of this Agreement.
- the seller has the right to unilaterally control the services to the buyer without a refund if the buyer does not contact for more than 3 days. Payment for services / goods
- The price of the service / product is indicated in UAH and includes value added tax if the relevant Seller applies the general taxation system.
- The order amount consists of the cost of the ordered services / goods.
- The price of the service / product is indicated on the Site. If the price of the service / product ordered by the Buyer is incorrectly indicated, the Seller informs the Buyer about this to confirm the Order at the corrected price or cancel the Order. If it is impossible to contact the Buyer, this Order is considered canceled.
- The price of a service / product on the Site can be changed by the Seller unilaterally. At the same time, the price for the service / product ordered by the Buyer is not subject to change. Payment for the service / product is carried out by the Buyer:
- in cash upon receipt of the Order in the amount corresponding to the amount of the Order indicated on the Site, taking into account discounts;
- by non-cash funds using bank cards when placing an Order in an amount corresponding to the amount of the Order indicated on the Site, taking into account discounts.
- "ITCAPITAL" https://itcapit.com/
has the right to provide discounts on services / goods and establish a bonus program. The types of discounts, bonuses, the procedure and conditions for accrual are determined by the Seller independently and are indicated on the Site and can be changed by the Seller unilaterally. Return of goods and money
- The buyer has the right to refuse the service / product received and terminate the Sale and Purchase Agreement within 14 calendar days from the date of payment for the service / product - only if the service / product was not used, if the buyer was given access to the training program and the buyer completed a training course, then in this case, the service is considered to be provided in full and is not refundable.
- If the buyer has completed part of the course within 14 days from the date of purchase, for example, the course consists of "5 modules", and the buyer has opened and studied only "3 modules" and further does not agree to continue training in this case, the Buyer can request a refund within 14 days from the moment of payment, only for those modules that the Buyer did not open or view (if the module was opened, then this module is considered included in the training and use of the training program), the refund is carried out according to the following formula (if the course consists of "X-modules" then in this case, the "W-price" of the course is divided by "X", as a result, we get the cost of 1 module (formula: X: W = W for 1 module) and the Buyer, upon his written request, is refunded for those modules that he did not open.
- If the Buyer refuses the service / product, the Seller returns to him the cost of the returned service / product, within 30 days from the date of receipt of the returned certificate for the service / product at the Seller's warehouse, together with the return application completed by the Buyer. The refund of the cost of the service / product is carried out exclusively to the person specified in the Order, provided that such person provides a copy of his (her) national passport, identification code and a receipt for payment for the service / product for which the funds are refunded. If the Buyer specified incorrect data in the Order, or did not provide all the documents listed above for the refund, the Seller reserves the right to refuse such a Buyer a refund.
- Requirements for the return of the amount of money paid for the goods are subject to satisfaction within 30 days from the date of submission of the corresponding request (clause 4 of article 12 of the Law of Ukraine "On Protection of Consumer Rights").
- Refunds are made by returning the cost of the paid service / goods by postal, bank transfer, as well as by transferring to a bank card (the card must be issued on the territory of Ukraine; the currency of the card is hryvnia). The method must be indicated in the appropriate field of the application for the return of the service / product. We will deduct from the refund amount all additional fees of banks and payment systems associated with the refund.
4.6. Conditions for the provision of subsequent relationships:
- If the completion of an online course implies for the Buyer, after its completion, an internship in the Seller's company or to conduct a joint business in the team of the Seller's company, then in this case the Seller reserves the right to consider these relations on an individual basis, taking into account the results of the training as well as the right to unilateral withdrawal. The Seller has the right to refuse to provide a relationship if the results of the training do not suit the Seller's side, and also if during the training the Buyer's side undergoes training longer than the established and allocated period for completing the training program. Also, the Seller has the right to refuse to provide services and cancel the relationship agreements if the Buyer passes the training program poorly and does not complete the tasks that are necessary for successful completion of the training. Also, the seller has the right to stop the provision of services and cancel the relationship if the Buyer does not contact for more than 3 (three) days. 5. Liability for services of inadequate quality
5.1. Law prescriptions
- The provisions of the current legislation on the protection of consumer rights regarding claims for the provision of services of inadequate quality apply to the emerging relationship, regardless of the General and Additional Terms. The scope of the consumer rights granted to you by law, in any case, cannot be reduced.
5.1.2. Warranty clause
- We do not give any guarantees that using the services of the Seller will bring you the achievement of financial and any other results. The data provided in the course of your use of paid and free materials of the site and training is only advisory in nature.
- By purchasing paid services or using free content, you agree that you use the content solely at your own discretion and are solely responsible for this.
- The seller does not bear any responsibility for your possible loss of profit, reputational and other risks that may arise when using the materials of the site. The results that you get in the process of using the training and recommendations posted on the site depend on many factors that are exclusively individual in nature and depend on the student. These include your individual learning abilities, conscientious homework, the advice and strategies you receive in the course of your studies, and factors in the business environment, markets, and economic fluctuations at the time you use the strategies and knowledge.
- The results of different users can vary significantly when using the same services. The cases and success stories provided on the site are given as a demonstration of the results of specific people, and are not a promise or guarantee that you will achieve the same results, even if you copy the strategies and actions that were taken by these people to achieve certain financial and other results. By using the materials, you waive legal claims and other forms of claims against us regarding the results you obtain in the process of using the content and using the services. You understand that your disagreement with the opinion of our trainers or speakers, the methodology and content of training programs, is not a basis for a refund.
5.2. General provisions of liability
- In case of violation of obligations by the parties, provision of false information at the conclusion or in the course of execution of the transaction, the parties shall be liable in accordance with the established procedure.
- We are responsible for: violation of the Terms and Conditions for the provision of services; provision of Services of inadequate quality.
- You are responsible for: the accuracy and correctness of the registration and payment data provided by you in the process of registering on the site or in the chat bot or placing an order; use by third parties of the credentials used to access the Services; use of materials posted on the site and in the training program or provided during the provision of the Services for the purpose of their subsequent resale, distribution or transfer to third parties; dissemination of false information about our company that discredits our business reputation (slander); violation of the Terms of Service; violation of payment terms; interfering with the operation of the site and available services or attempting to access them bypassing our instructions.
- Our total liability for any claim or claim is limited to the amount of the purchased service of inadequate quality or provided in violation of the terms.
- We are not responsible for: the inability to provide services due to reasons beyond our control, including force majeure, disruption of communication lines, malfunction of equipment and software that does not belong to us; for full or partial interruptions in the provision of services related to the replacement of equipment, software or other work caused by the need to maintain the operability and development of technical means (subject to prior notice to the user); violation of the security of the equipment and software used by you to receive the services; loss of confidential information or part of it, if this is not our fault; any damages to third parties that have arisen through no fault of ours.
- In the event that we violate the terms for the provision of services, our liability is limited solely to: the extension of the terms for the provision of services, or the provision of services in new terms until our obligations are fully fulfilled.
5.4. Responsibility of our employees and agents
- To the extent our liability is limited or excluded, the same limitation or exclusion of liability applies to our employees or agents.
5.5. Responsibility for the materials and content you post
- Content Disclaimer
- You are responsible for the content and materials that you post on our site or in our chats or training program while using the Seller's services. We are not responsible for the content you post and do not monitor it.
5.6. Legal Compliance
- By posting your own content, you must comply with the laws of the country of residence. In any case, it is prohibited to publish content of a pornographic, sexual nature, promoting violence, sadism, discrimination, containing threats or slander.
- In addition, your content must also not infringe the rights of third parties. This applies to property and moral rights of third parties, including intellectual property rights (for example, copyright and trademark and trade name rights). In particular, you also have an obligation not to violate the rights of third parties when posting comments/reviews, profile photos or any pictures you post.
- We have the right to remove or move any content posted by you at any time if we believe that it violates the rights of third parties or legal requirements. If you violate these principles of content placement, we have the right to send you a written warning and temporarily block your account and suspend the provision of services, or terminate the contract unilaterally.
5.7. Compensation for damage
- If you violate the requirements of the Terms, you must indemnify us for all losses incurred in connection with the satisfaction of the claims of third parties (whose rights you have violated). We reserve the right to make claims for losses and other claims against you by way of recourse. 6. Final provisions
- By purchasing a service or product on the website https://itcapit.com/
- By purchasing a service or product on the website https://itcapit.com/
, I am the "Buyer" confirm that I do this for personal use and do not intend to transfer the "Online Courses" services that are posted on the website https://itcapit.com/
in the corresponding section, to third parties, as well as to distribute elements of training programs in any sources of information.
- This Public Offer Agreement was created in two languages (Russian and English), both samples contain the same semantic information and do not differ. Translated from Russian into English. In case of litigation and semantic differences in the translation of words and meaning, preference is given to the Russian version. The content of the public offer agreement on the website https://itcapit.com/ was communicated to me and understood.