This Public Agreement (hereinafter referred to as the “Agreement”) determines the procedure for the services for the search, selection, processing, and sorting of data, as well as services for providing access (activation of access) to the package (complex) of materials (online lessons) provided to individuals and legal entities, as well as mutual rights, obligations and the relationship between the Navychka (hereinafter referred to as the "Contractor"), represented by Ohryzko Evheniia on the one hand, and the Services Customer, on the other hand, who accepted the public offer (offer) to conclude this Agreement.
1. Basic concepts and definitions used in this agreement
1.1. For the purposes of this offer, the following conditional terms and definitions are used in the following meaning:
Agreement - an agreement between the Customer and the Contractor for the provision of the services for providing access (activation of access) to the package (complex) of materials (online lessons), and other services provided to the Customer Contractor, which is through payment (acceptance) of the offer.
Offer - this document, is a public agreement. The publication (placement) of the text of the public agreement on information stands is a public offer (offer) addressed to a wide range of people with the aim of providing certain types of services. A fact confirming the conclusion of a public agreement by the Customer of services is its payment - acceptance.
Acceptance of the offer - full and unconditional acceptance of the Offer through the implementation of the actions specified in clauses 3.5 points 3 of this Agreement. Acceptance of an offer creates an Agreement.
Services for providing access (activation of access) to the package (complex) of materials (online lessons) - providing the Customer access to online lessons and webinars.
Customer - a legal entity or an individual, an individual entrepreneur who has applied to the portal, has the intention to use the Services, has paid for the offer, and is a consumer of services under the concluded Agreement.
1.1. For the purposes of this offer, the following conditional terms and definitions are used in the following meaning:
Agreement - an agreement between the Customer and the Contractor for the provision of the services for providing access (activation of access) to the package (complex) of materials (online lessons), and other services provided to the Customer Contractor, which is through payment (acceptance) of the offer.
Offer - this document, is a public agreement. The publication (placement) of the text of the public agreement on information stands is a public offer (offer) addressed to a wide range of people with the aim of providing certain types of services. A fact confirming the conclusion of a public agreement by the Customer of services is its payment - acceptance.
Acceptance of the offer - full and unconditional acceptance of the Offer through the implementation of the actions specified in clauses 3.5 points 3 of this Agreement. Acceptance of an offer creates an Agreement.
Services for providing access (activation of access) to the package (complex) of materials (online lessons) - providing the Customer access to online lessons and webinars.
Customer - a legal entity or an individual, an individual entrepreneur who has applied to the portal, has the intention to use the Services, has paid for the offer, and is a consumer of services under the concluded Agreement.
2. The subject of the Agreement
2.1. The Contractor undertakes to provide the Services to the Customer, and the Customer undertakes to accept the Services and pay for it in the manner and on the conditions specified by this Agreement.
2.2. The list of Services that can be provided under this Agreement, the dates for the provision of the Services, and other conditions that determine the procedure for the provision of the Services, as well as other information that is essential for the provision of the Services, is posted by the Contractor on the portal. The exact time of the beginning of the provision of the Services is communicated to the Customer to the email address and (or) contact phone number (messengers registered to the contact phone number) specified by the Customer when registering on the portal.
2.3. The Contractor reserves the right to amend this Agreement, in connection with which, the Customer undertakes to familiarize himself with the current version of the Agreement and other information before receiving the Services.
2.1. The Contractor undertakes to provide the Services to the Customer, and the Customer undertakes to accept the Services and pay for it in the manner and on the conditions specified by this Agreement.
2.2. The list of Services that can be provided under this Agreement, the dates for the provision of the Services, and other conditions that determine the procedure for the provision of the Services, as well as other information that is essential for the provision of the Services, is posted by the Contractor on the portal. The exact time of the beginning of the provision of the Services is communicated to the Customer to the email address and (or) contact phone number (messengers registered to the contact phone number) specified by the Customer when registering on the portal.
2.3. The Contractor reserves the right to amend this Agreement, in connection with which, the Customer undertakes to familiarize himself with the current version of the Agreement and other information before receiving the Services.
3. Payment of the Offer and conclusion of the Agreement
3.1. This Agreement is a public agreement, in accordance with which the Contractor undertakes to provide Services in relation to any persons (Customers) who apply for these Services.
3.2. Placing the text of this Agreement on the Contractor’s portal is a public offer (offer) of the Contractor addressed to any consumer (indefinite number of persons) - the Customer (Customers) to conclude this Agreement.
3.3. The conclusion of this Agreement is made by joining the Customer to this Agreement as a whole, without any conditions, exceptions and reservations.
3.4. The Customer fills out the registration form posted on the website https://navychka.com. The registration form completed by the Customer is the basis for invoicing (link) for payment. The Customer can send the billing data (data for payment link) by e-mail in@navychka.com or contact on the issue of cooperation with the Contractor's customer service specialists according to the data specified in the details for this agreement or on the portal.
3.5. A fact confirming the acceptance by the Customer of the terms of this Agreement is the payment by the Customer of the Services in the manner and on the conditions determined by this Agreement.
3.6. This Agreement, subject to compliance with the procedure for its payment, shall be deemed concluded in simple written form in Poltava, Ukraine.
3.7. This Offer is valid in that edition and on the conditions that existed at the time of its payment.
3.1. This Agreement is a public agreement, in accordance with which the Contractor undertakes to provide Services in relation to any persons (Customers) who apply for these Services.
3.2. Placing the text of this Agreement on the Contractor’s portal is a public offer (offer) of the Contractor addressed to any consumer (indefinite number of persons) - the Customer (Customers) to conclude this Agreement.
3.3. The conclusion of this Agreement is made by joining the Customer to this Agreement as a whole, without any conditions, exceptions and reservations.
3.4. The Customer fills out the registration form posted on the website https://navychka.com. The registration form completed by the Customer is the basis for invoicing (link) for payment. The Customer can send the billing data (data for payment link) by e-mail in@navychka.com or contact on the issue of cooperation with the Contractor's customer service specialists according to the data specified in the details for this agreement or on the portal.
3.5. A fact confirming the acceptance by the Customer of the terms of this Agreement is the payment by the Customer of the Services in the manner and on the conditions determined by this Agreement.
3.6. This Agreement, subject to compliance with the procedure for its payment, shall be deemed concluded in simple written form in Poltava, Ukraine.
3.7. This Offer is valid in that edition and on the conditions that existed at the time of its payment.
4. Refund Policy
4.1. If the Customer refuses to provide the Services, for reasons beyond the control of the Contractor, not through the Contractor's fault, but on the initiative and decision of the Customer, the funds are returned to the Customer minus penalties, the amounts of which are indicated below.
Amount of penalties:
45 days or less – 30% of the cost of the Service
From 60 to 46 days – 50% of the cost of the Service
61 days or more – 90% of the cost of the Service
The funds that will be withheld by the Contractor as penalties are transferred to bonus points and added to the Customer's personal account on the website https://navychka.com. If the payment is made in a currency other than the Ukrainian hryvnya, the funds withheld by the Contractor as a penalty are transferred to bonus points at the rate of the National Bank of Ukraine on the date of payment. These bonus points can be used for the subsequent purchase of the training product posted on the website www.navychka.com.
When returning funds, the commissions of the receiving bank are paid at the expense of the Customer, the commissions of the sending bank - at the expense of the Contractor. The term for the return of funds is within 60 calendar days from the date of application. In the event of emergencies of an international scale, as well as for other reasons associated with the onset of force majeure, the period for returning the funds paid by the Customer specified in this clause may be increased.
4.1. If the Customer refuses to provide the Services, for reasons beyond the control of the Contractor, not through the Contractor's fault, but on the initiative and decision of the Customer, the funds are returned to the Customer minus penalties, the amounts of which are indicated below.
Amount of penalties:
45 days or less – 30% of the cost of the Service
From 60 to 46 days – 50% of the cost of the Service
61 days or more – 90% of the cost of the Service
The funds that will be withheld by the Contractor as penalties are transferred to bonus points and added to the Customer's personal account on the website https://navychka.com. If the payment is made in a currency other than the Ukrainian hryvnya, the funds withheld by the Contractor as a penalty are transferred to bonus points at the rate of the National Bank of Ukraine on the date of payment. These bonus points can be used for the subsequent purchase of the training product posted on the website www.navychka.com.
When returning funds, the commissions of the receiving bank are paid at the expense of the Customer, the commissions of the sending bank - at the expense of the Contractor. The term for the return of funds is within 60 calendar days from the date of application. In the event of emergencies of an international scale, as well as for other reasons associated with the onset of force majeure, the period for returning the funds paid by the Customer specified in this clause may be increased.
5. Features of services for providing access (activation of access) to a package (complex) of materials (online lessons)
5.1. The Contractor activates the package of online lessons paid by the Customer within 2 (two) working days from the date of receipt of the prepayment or by agreement of the parties at a different time.
5.2. If the Customer fails to pay the advance payment for the next period, access to a new amount of materials is not provided until the receipt of payment for such a period.
5.3. After 21 (twenty-one) calendar days from the date of receipt of the prepayment from the Customer, the service is considered to be provided by the Contractor in full.
5.4. In the event that the next payment is delayed by 45 (forty-five) calendar days, this agreement is considered unilaterally terminated at the initiative of the Customer. In this case, the provision of services is terminated, access to the materials is closed, and the Customer switches to the standard conditions for acquiring access to the materials on the portal.
5.1. The Contractor activates the package of online lessons paid by the Customer within 2 (two) working days from the date of receipt of the prepayment or by agreement of the parties at a different time.
5.2. If the Customer fails to pay the advance payment for the next period, access to a new amount of materials is not provided until the receipt of payment for such a period.
5.3. After 21 (twenty-one) calendar days from the date of receipt of the prepayment from the Customer, the service is considered to be provided by the Contractor in full.
5.4. In the event that the next payment is delayed by 45 (forty-five) calendar days, this agreement is considered unilaterally terminated at the initiative of the Customer. In this case, the provision of services is terminated, access to the materials is closed, and the Customer switches to the standard conditions for acquiring access to the materials on the portal.
5. Features of services for providing access (activation of access) to a package (complex) of materials (online lessons)
5.1. The Contractor activates the package of online lessons paid by the Customer within 2 (two) working days from the date of receipt of the prepayment or by agreement of the parties at a different time.
5.2. If the Customer fails to pay the advance payment for the next period, access to a new amount of materials is not provided until the receipt of payment for such a period.
5.3. After 21 (twenty-one) calendar days from the date of receipt of the prepayment from the Customer, the service is considered to be provided by the Contractor in full.
5.4. In the event that the next payment is delayed by 45 (forty-five) calendar days, this agreement is considered unilaterally terminated at the initiative of the Customer. In this case, the provision of services is terminated, access to the materials is closed, and the Customer switches to the standard conditions for acquiring access to the materials on the portal.
5.5. If the Customer purchases a service for providing access (activation of access) to a package (complex) of materials (online lessons), the Customer is warned before payment about the automatic debiting of funds and the possibility of canceling it. By paying for the specified service, the Customer accepts the terms of its automatic renewal. Payment for the service of providing access (activation of access) to a package (complex) of materials (online lessons) is debited monthly or annually, depending on the selected package of online lessons. At the same time, the Contractor is not obliged to send the Customer notifications about the upcoming debiting of funds for the next period. The customer can at any time refuse to automatically write off funds by contacting technical support on the website https://navychka.com. Cancellation will be made within 24 hours from the moment the Customer sends the corresponding letter to the technical support of the Contractor. The amount paid for the service of providing access (activation of access) to the package (complex) of materials (online lessons) for the period in which the refusal was made is not refundable to the Customer.
5.1. The Contractor activates the package of online lessons paid by the Customer within 2 (two) working days from the date of receipt of the prepayment or by agreement of the parties at a different time.
5.2. If the Customer fails to pay the advance payment for the next period, access to a new amount of materials is not provided until the receipt of payment for such a period.
5.3. After 21 (twenty-one) calendar days from the date of receipt of the prepayment from the Customer, the service is considered to be provided by the Contractor in full.
5.4. In the event that the next payment is delayed by 45 (forty-five) calendar days, this agreement is considered unilaterally terminated at the initiative of the Customer. In this case, the provision of services is terminated, access to the materials is closed, and the Customer switches to the standard conditions for acquiring access to the materials on the portal.
5.5. If the Customer purchases a service for providing access (activation of access) to a package (complex) of materials (online lessons), the Customer is warned before payment about the automatic debiting of funds and the possibility of canceling it. By paying for the specified service, the Customer accepts the terms of its automatic renewal. Payment for the service of providing access (activation of access) to a package (complex) of materials (online lessons) is debited monthly or annually, depending on the selected package of online lessons. At the same time, the Contractor is not obliged to send the Customer notifications about the upcoming debiting of funds for the next period. The customer can at any time refuse to automatically write off funds by contacting technical support on the website https://navychka.com. Cancellation will be made within 24 hours from the moment the Customer sends the corresponding letter to the technical support of the Contractor. The amount paid for the service of providing access (activation of access) to the package (complex) of materials (online lessons) for the period in which the refusal was made is not refundable to the Customer.
6. Cost, procedure and terms of payment for Services
6.1. The cost of the Services provided in accordance with this public offer is determined on the basis of type of services chosen by the Customer and is indicated on the portal and (or) in the invoice for payment (link to the payment). The cost of the Services is indicated taking into account all necessary taxes. The invoice (electronic payment link) is valid for 5 calendar days from the date of its issuing, unless another period is indicated in the invoice (link to payment).
6.2. The cost of the Services under this Agreement is paid by the Customer on the basis of 100% prepayment, by transferring funds to the Contractor's current account, no later than 3 (three) days before the date of the Services. In case of partial payment for the Services, 100% payment must be made 30 (thirty) before the date of the Services. Customers, who are individuals, pay for the ordered Services by bank transfer to the Contractor’s bank account, according to the data and details specified in the provided invoice (payment link), as well as through bank cards using the Internet acquiring services available on the portal.
6.3. All expenses of the Customer associated with the transfer of funds to the Contractor are borne by the Customer.
6.4. The Contractor assumes the obligation to provide the Services only after receiving confirmation of payment from the Customer, by providing a copy of the payment order or receipt by e-mail, or by means of the messenger.
6.5. The Contractor has the right to independently determine the prices for the Services and change them in accordance with applicable law. The changed prices for the Services are valid from the moment determined by the Contractor. Paid Services are provided by the Contractor in full, regardless of changes in their prices.
6.1. The cost of the Services provided in accordance with this public offer is determined on the basis of type of services chosen by the Customer and is indicated on the portal and (or) in the invoice for payment (link to the payment). The cost of the Services is indicated taking into account all necessary taxes. The invoice (electronic payment link) is valid for 5 calendar days from the date of its issuing, unless another period is indicated in the invoice (link to payment).
6.2. The cost of the Services under this Agreement is paid by the Customer on the basis of 100% prepayment, by transferring funds to the Contractor's current account, no later than 3 (three) days before the date of the Services. In case of partial payment for the Services, 100% payment must be made 30 (thirty) before the date of the Services. Customers, who are individuals, pay for the ordered Services by bank transfer to the Contractor’s bank account, according to the data and details specified in the provided invoice (payment link), as well as through bank cards using the Internet acquiring services available on the portal.
6.3. All expenses of the Customer associated with the transfer of funds to the Contractor are borne by the Customer.
6.4. The Contractor assumes the obligation to provide the Services only after receiving confirmation of payment from the Customer, by providing a copy of the payment order or receipt by e-mail, or by means of the messenger.
6.5. The Contractor has the right to independently determine the prices for the Services and change them in accordance with applicable law. The changed prices for the Services are valid from the moment determined by the Contractor. Paid Services are provided by the Contractor in full, regardless of changes in their prices.
7. The procedure for the acceptance of services rendered
7.1. The provision of Services to the Customer is not accompanied by the drawing up of an act of services rendered.
7.2. If necessary, an act on the provision of services is executed by the Contractor, sent to the Customer by mail or via electronic communication channels. The Customer within 5 (five) business days from the receipt of the Act on the provision of services signs it and returns a copy of the Contractor by mail or electronic communication channels. If the Act on the provision of services is not challenged by the Customer within five working days from the date of its provision and is not returned, then it shall be considered signed by the Customer.
Also, an act confirming the provision of services under this agreement may be drawn up by each of the parties to the agreement individually.
7.1. The provision of Services to the Customer is not accompanied by the drawing up of an act of services rendered.
7.2. If necessary, an act on the provision of services is executed by the Contractor, sent to the Customer by mail or via electronic communication channels. The Customer within 5 (five) business days from the receipt of the Act on the provision of services signs it and returns a copy of the Contractor by mail or electronic communication channels. If the Act on the provision of services is not challenged by the Customer within five working days from the date of its provision and is not returned, then it shall be considered signed by the Customer.
Also, an act confirming the provision of services under this agreement may be drawn up by each of the parties to the agreement individually.
8. Rights and obligations of the parties
8.1. The Contractor has the right:
8.1.1. Unilaterally make changes, additions to this Agreement, about which the Customer is considered duly notified, from the moment of posting the amended version of the Agreement on the portal;
8.1.2. attract third parties to fulfill their obligations under this Agreement, as well as use the services / work of third parties that provide the opportunity to provide the Services provided for in this Agreement;
8.1.3. To postpone the provision of the Services, having previously notified the Customer no later than 3 (three) days before the start of the provision of the Services.
8.1.4. Make minor changes to the program for providing the Services.
8.1.5. Demand compliance by the Customer with safety regulations, rules of respect for the property of the Contractor and third parties;
8.1.6. in case of damage by the Customer to the property of the Contractor and / or third parties, to demand from the Customer compensation for the damage in full.
8.2. The Contractor undertakes:
8.2.1. To provide the Customer with Services in the amount and within the time agreed by the parties to this Agreement
8.2.2. by posting on the portal to provide the Customer with reliable information about the Services provided, the program and how they are provided (duration, venue, etc.), terms of payment for the Services and other information necessary as part of the execution of the terms of this Agreement;
8.2.3. Not to disclose confidential information and data provided by the Customer in connection with the execution of this Agreement;
8.2.4. immediately notify the Customer about the occurrence of force majeure circumstances that may affect the volume and quality of the Services provided by the Contractor;
8.2.5. comply with the terms of this Agreement.
8.3. The Customer has the right:
8.3.1. Demand from the Contractor the proper provision of the Services in accordance with this Agreement.
8.4. The Customer undertakes:
8.4.1. Provide the Contractor with all the information and data necessary for the Contractor to fulfill its obligations under this Agreement.
8.4.2. Make payment and in the case of purchasing by the Customer of the service for providing access (activation of access) to the package (complex) of materials (online lessons), independently track the automatic write-off of funds for the automatic extension of access.
8.4.3. If necessary, sign the act on the provision of services within 5 (five) business days from the date the Act is provided by the Contractor and send it to the Contractor by mail or electronic communication channels. If the act on the provision of services is not challenged by the Customer within 5 (five) business days from the date of its provision, then it shall be considered signed by the Customer.
8.4.4. Not to disclose confidential information and other data provided by the Contractor in connection with the execution of this Agreement.
8.4.5. Comply with safety regulations, respect for the property of the Contractor and / or third parties, behave respectfully towards other participants in the events, and avoid actions that create danger to others;
8.4.6. in case of damage by the Customer to the property of the Contractor and / or third parties, to compensate the damage in full;
8.4.7. not to record, copy, distribute and transmit to third parties the materials provided to the Customer by the Contractor during the provision of services under this agreement.
8.4.8. comply with the terms of this Agreement.
8.1. The Contractor has the right:
8.1.1. Unilaterally make changes, additions to this Agreement, about which the Customer is considered duly notified, from the moment of posting the amended version of the Agreement on the portal;
8.1.2. attract third parties to fulfill their obligations under this Agreement, as well as use the services / work of third parties that provide the opportunity to provide the Services provided for in this Agreement;
8.1.3. To postpone the provision of the Services, having previously notified the Customer no later than 3 (three) days before the start of the provision of the Services.
8.1.4. Make minor changes to the program for providing the Services.
8.1.5. Demand compliance by the Customer with safety regulations, rules of respect for the property of the Contractor and third parties;
8.1.6. in case of damage by the Customer to the property of the Contractor and / or third parties, to demand from the Customer compensation for the damage in full.
8.2. The Contractor undertakes:
8.2.1. To provide the Customer with Services in the amount and within the time agreed by the parties to this Agreement
8.2.2. by posting on the portal to provide the Customer with reliable information about the Services provided, the program and how they are provided (duration, venue, etc.), terms of payment for the Services and other information necessary as part of the execution of the terms of this Agreement;
8.2.3. Not to disclose confidential information and data provided by the Customer in connection with the execution of this Agreement;
8.2.4. immediately notify the Customer about the occurrence of force majeure circumstances that may affect the volume and quality of the Services provided by the Contractor;
8.2.5. comply with the terms of this Agreement.
8.3. The Customer has the right:
8.3.1. Demand from the Contractor the proper provision of the Services in accordance with this Agreement.
8.4. The Customer undertakes:
8.4.1. Provide the Contractor with all the information and data necessary for the Contractor to fulfill its obligations under this Agreement.
8.4.2. Make payment and in the case of purchasing by the Customer of the service for providing access (activation of access) to the package (complex) of materials (online lessons), independently track the automatic write-off of funds for the automatic extension of access.
8.4.3. If necessary, sign the act on the provision of services within 5 (five) business days from the date the Act is provided by the Contractor and send it to the Contractor by mail or electronic communication channels. If the act on the provision of services is not challenged by the Customer within 5 (five) business days from the date of its provision, then it shall be considered signed by the Customer.
8.4.4. Not to disclose confidential information and other data provided by the Contractor in connection with the execution of this Agreement.
8.4.5. Comply with safety regulations, respect for the property of the Contractor and / or third parties, behave respectfully towards other participants in the events, and avoid actions that create danger to others;
8.4.6. in case of damage by the Customer to the property of the Contractor and / or third parties, to compensate the damage in full;
8.4.7. not to record, copy, distribute and transmit to third parties the materials provided to the Customer by the Contractor during the provision of services under this agreement.
8.4.8. comply with the terms of this Agreement.
9. Responsibility of the parties
9. Responsibility of the parties
9.1. In case of violation of the terms of this agreement, the parties are liable in accordance with the current legislation of Ukraine, taking into account the features established by this Agreement.
9.2. The Contractor is not responsible for the offer for:
9.2.1. Damage caused to the life and health of the Customer through his own fault in case of non-compliance with safety regulations at the time of the provision of the Service;
9.2.2. inconsistency of the actually provided Services with the subjective expectations and representations of the Customer about such Services;
9.2.3. harm caused to life and health through the fault of third parties, including damage received from third parties who took part in the activities of the Contractor.
9.2.4. the quality of technical support, for the functioning and maintenance of the means of communication (communications) of the Customer;
9.2.5. failures in the provision of access to the Services, which occurred through the fault of telecommunication service providers and suppliers of software used by the Customer;
9.2.6. correct application (use) of information by the Customer;
9.2.7. the impossibility of providing access to the portal due to the technical features of the computer, communication and other systems of the Customer;
9.2.8. the reliability of analytical information posted on the portal, as well as for possible losses of the Customer or third parties arising from its use.
9.2.9. how the Customer used the information obtained during the provision of the Services and the results of its use by the Customer.
9.4. The Contractor’s total liability under the Agreement, for any claim or claim in respect of the Agreement or its performance, is limited to the amount of payment paid to the Contractor by the Customer under this Agreement.
9.5. The customer undertakes to use the materials to which he is provided with actual access, exclusively for personal information and informational non-commercial purposes, to comply with the terms of this agreement, not to violate the rights and legitimate interests of the Contractor.
9.6. The Customer guarantees that when using the portal, he will not create copies of the portal, sell or resell the right to access it, distribute (publish, post on Internet sites, send e-mail, copy, transfer or resell to third parties) for commercial or non-commercial purposes information and materials provided to the Customer, create information products on their basis, as well as use the information and materials in any other way, except for personal use.
9.7. In case of misuse of the portal and (or) materials posted on it, the Customer shall pay the Contractor a fine of 3000 (three thousand) euros for each case of misuse.
9. Responsibility of the parties
9.1. In case of violation of the terms of this agreement, the parties are liable in accordance with the current legislation of Ukraine, taking into account the features established by this Agreement.
9.2. The Contractor is not responsible for the offer for:
9.2.1. Damage caused to the life and health of the Customer through his own fault in case of non-compliance with safety regulations at the time of the provision of the Service;
9.2.2. inconsistency of the actually provided Services with the subjective expectations and representations of the Customer about such Services;
9.2.3. harm caused to life and health through the fault of third parties, including damage received from third parties who took part in the activities of the Contractor.
9.2.4. the quality of technical support, for the functioning and maintenance of the means of communication (communications) of the Customer;
9.2.5. failures in the provision of access to the Services, which occurred through the fault of telecommunication service providers and suppliers of software used by the Customer;
9.2.6. correct application (use) of information by the Customer;
9.2.7. the impossibility of providing access to the portal due to the technical features of the computer, communication and other systems of the Customer;
9.2.8. the reliability of analytical information posted on the portal, as well as for possible losses of the Customer or third parties arising from its use.
9.2.9. how the Customer used the information obtained during the provision of the Services and the results of its use by the Customer.
9.4. The Contractor’s total liability under the Agreement, for any claim or claim in respect of the Agreement or its performance, is limited to the amount of payment paid to the Contractor by the Customer under this Agreement.
9.5. The customer undertakes to use the materials to which he is provided with actual access, exclusively for personal information and informational non-commercial purposes, to comply with the terms of this agreement, not to violate the rights and legitimate interests of the Contractor.
9.6. The Customer guarantees that when using the portal, he will not create copies of the portal, sell or resell the right to access it, distribute (publish, post on Internet sites, send e-mail, copy, transfer or resell to third parties) for commercial or non-commercial purposes information and materials provided to the Customer, create information products on their basis, as well as use the information and materials in any other way, except for personal use.
9.7. In case of misuse of the portal and (or) materials posted on it, the Customer shall pay the Contractor a fine of 3000 (three thousand) euros for each case of misuse.
10. Duration of the Agreement and the procedure for its termination
10.1. This Agreement is considered concluded from the moment payment for the Services by the Customer and is valid until the parties fully fulfill their obligations.
10.2. The Customer unconditionally agrees that in case of receiving the Services under the agreement, as well as in the cases provided for by cl. 7.2. clause 7 of this Agreement, he loses the right to demand from the Contractor the return of the amounts paid to pay for the Services, or other reimbursements, even if the validity of these Services has not yet expired.
10.1. This Agreement is considered concluded from the moment payment for the Services by the Customer and is valid until the parties fully fulfill their obligations.
10.2. The Customer unconditionally agrees that in case of receiving the Services under the agreement, as well as in the cases provided for by cl. 7.2. clause 7 of this Agreement, he loses the right to demand from the Contractor the return of the amounts paid to pay for the Services, or other reimbursements, even if the validity of these Services has not yet expired.
11. Dispute Resolution
11.1. All disputes and disagreements related to the Agreement, the Parties undertake to resolve by negotiation and by sending claims. The customer undertakes to submit a claim no later than 7 (seven) days from the date of detection of violations. The Contractor has the right not to accept claims submitted by the Customer later than the above deadline. The Contractor undertakes to give an answer to the Customer’s claim no later than 10 (ten) business days from the date of its receipt.
11.2. If the Parties fail to resolve all disputes through negotiation and in a complaint procedure, all disputes arising from the Agreement, including those related to its conclusion, amendment, termination, execution, invalidity, shall be resolved in a judicial proceeding in accordance with the current legislation of Ukraine in the judicial authority at the place of registration of the Contractor.
11.3. In the event that any of the conditions of the Agreement loses legal force, is declared illegal, or is excluded from the Agreement, this does not entail the invalidity of the remaining conditions of the Agreement, which will remain valid and are binding on the Parties.
11.1. All disputes and disagreements related to the Agreement, the Parties undertake to resolve by negotiation and by sending claims. The customer undertakes to submit a claim no later than 7 (seven) days from the date of detection of violations. The Contractor has the right not to accept claims submitted by the Customer later than the above deadline. The Contractor undertakes to give an answer to the Customer’s claim no later than 10 (ten) business days from the date of its receipt.
11.2. If the Parties fail to resolve all disputes through negotiation and in a complaint procedure, all disputes arising from the Agreement, including those related to its conclusion, amendment, termination, execution, invalidity, shall be resolved in a judicial proceeding in accordance with the current legislation of Ukraine in the judicial authority at the place of registration of the Contractor.
11.3. In the event that any of the conditions of the Agreement loses legal force, is declared illegal, or is excluded from the Agreement, this does not entail the invalidity of the remaining conditions of the Agreement, which will remain valid and are binding on the Parties.
12. Personal data and their use
12.1. The Customer gives his consent to the Contractor to process his personal data provided upon purchase of the Services under this agreement and during registration on the portal.
12.2. Processing personal data means recording, systematizing, accumulating, storing, clarifying (updating, changing), extracting, using, transmitting (distributing, providing, accessing), depersonalizing, blocking, deleting, and destroying personal data that do not fall into special categories for the processing which, in accordance with the current legislation of Ukraine, the written consent of the Customer is required. The list of personal data is indicated in the privacy policy of navychka.com Internet resource (https://navychka.com/privacy).
12.3. The processing of personal data is carried out in order to fulfill the Contractor's obligations under this agreement, provide the Customer with feedback when using the portal, training programs, video courses, as well as to send it to the Customer specified during registration (purchase of Services) email address of information and advertising messages.
12.4. The processing of the Customer’s personal data is performed by the Contractor using databases located on the territory of Ukraine.
12.5. The customer may at any time withdraw consent to the processing of personal data by sending a notification to in@navychka. At the same time, the Customer understands and acknowledges that recalling the processing of personal data may require the removal of any information relating to the participation of the Customer in the training program, including the removal of the Customer’s account on the portal and termination of access to materials purchased through the Services.
12.6. The Customer gives his consent to the use of his image as a photograph of the Customer (avatar) by the Contractor free of charge.
12.1. The Customer gives his consent to the Contractor to process his personal data provided upon purchase of the Services under this agreement and during registration on the portal.
12.2. Processing personal data means recording, systematizing, accumulating, storing, clarifying (updating, changing), extracting, using, transmitting (distributing, providing, accessing), depersonalizing, blocking, deleting, and destroying personal data that do not fall into special categories for the processing which, in accordance with the current legislation of Ukraine, the written consent of the Customer is required. The list of personal data is indicated in the privacy policy of navychka.com Internet resource (https://navychka.com/privacy).
12.3. The processing of personal data is carried out in order to fulfill the Contractor's obligations under this agreement, provide the Customer with feedback when using the portal, training programs, video courses, as well as to send it to the Customer specified during registration (purchase of Services) email address of information and advertising messages.
12.4. The processing of the Customer’s personal data is performed by the Contractor using databases located on the territory of Ukraine.
12.5. The customer may at any time withdraw consent to the processing of personal data by sending a notification to in@navychka. At the same time, the Customer understands and acknowledges that recalling the processing of personal data may require the removal of any information relating to the participation of the Customer in the training program, including the removal of the Customer’s account on the portal and termination of access to materials purchased through the Services.
12.6. The Customer gives his consent to the use of his image as a photograph of the Customer (avatar) by the Contractor free of charge.
13. Copyright protection
13.1. The portal from which the sale of the Services or the direct provision of such Services is carried out 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.
13.2. Using the portal, the Customer acknowledges and agrees that all the contents of the portal and the structure of its contents are protected by copyright, the right to a trademark and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media and in relation to all technologies, both currently existing and those developed or created subsequently. No rights to any content of the portal, including, but not limited to, audiovisual works, text and graphic materials, trademarks, shall be transferred to the Customer as a result of using the portal and concluding this agreement.
13.3. When quoting portal materials, the Customer agrees to provide a link to the portal.
13.4. For copyright infringement, the Customer is responsible in accordance with actual agreement.
13.1. The portal from which the sale of the Services or the direct provision of such Services is carried out 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.
13.2. Using the portal, the Customer acknowledges and agrees that all the contents of the portal and the structure of its contents are protected by copyright, the right to a trademark and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media and in relation to all technologies, both currently existing and those developed or created subsequently. No rights to any content of the portal, including, but not limited to, audiovisual works, text and graphic materials, trademarks, shall be transferred to the Customer as a result of using the portal and concluding this agreement.
13.3. When quoting portal materials, the Customer agrees to provide a link to the portal.
13.4. For copyright infringement, the Customer is responsible in accordance with actual agreement.
14. Other terms of the Agreement
14.1. The parties unconditionally acknowledge the legal force of the text of this Agreement.
14.2. This Agreement shall remain in force in case of a change in the details of the Contractor, changes in its constituent documents, including, but not limited to, changes in the owner, legal form, etc. The Contractor has the right to transfer the rights and obligations under the Agreement to another person.
14.3. The parties unconditionally agree that silence (the absence of written notifications of termination of the Agreement, or of disagreement with certain provisions of the Agreement, including with a change in Tariffs) is recognized by the consent and accession of the Customer to the new version of the Agreement.
14.4. The Party shall not be liable for non-fulfillment or improper fulfillment of obligations under the Agreement if it proves that their proper fulfillment has become impossible as a result of circumstances arising after the conclusion of the Agreement that were unavoidable under the given conditions (force majeure): natural disasters (earthquakes, floods, hurricanes, etc.), accidents and disasters, epidemics, wars and hostilities, civil unrest, strikes, blockades and embargoes, terrorist acts, forced expropriation all or a substantial part of the assets side, the normative legal acts.
14.5. If any of the above force majeure circumstances directly affected the fulfillment of the obligation within the time period specified in this Agreement, this period shall be proportionally extended for the duration of the relevant circumstances.
14.6. If force majeure takes place for more than six months, either party has the right to unilaterally terminate the Agreement by sending a written notice to the other party.
14.1. The parties unconditionally acknowledge the legal force of the text of this Agreement.
14.2. This Agreement shall remain in force in case of a change in the details of the Contractor, changes in its constituent documents, including, but not limited to, changes in the owner, legal form, etc. The Contractor has the right to transfer the rights and obligations under the Agreement to another person.
14.3. The parties unconditionally agree that silence (the absence of written notifications of termination of the Agreement, or of disagreement with certain provisions of the Agreement, including with a change in Tariffs) is recognized by the consent and accession of the Customer to the new version of the Agreement.
14.4. The Party shall not be liable for non-fulfillment or improper fulfillment of obligations under the Agreement if it proves that their proper fulfillment has become impossible as a result of circumstances arising after the conclusion of the Agreement that were unavoidable under the given conditions (force majeure): natural disasters (earthquakes, floods, hurricanes, etc.), accidents and disasters, epidemics, wars and hostilities, civil unrest, strikes, blockades and embargoes, terrorist acts, forced expropriation all or a substantial part of the assets side, the normative legal acts.
14.5. If any of the above force majeure circumstances directly affected the fulfillment of the obligation within the time period specified in this Agreement, this period shall be proportionally extended for the duration of the relevant circumstances.
14.6. If force majeure takes place for more than six months, either party has the right to unilaterally terminate the Agreement by sending a written notice to the other party.
Contact Information
Ohryzko Evheniia (Individual Entrepreneur)
TAX ID: 3467106209
Phone: +380663549004
E-mail: in@navychka.com
Ukraine, Poltava. Raisy Kyrychenko str. 60
Ohryzko Evheniia (Individual Entrepreneur)
TAX ID: 3467106209
Phone: +380663549004
E-mail: in@navychka.com
Ukraine, Poltava. Raisy Kyrychenko str. 60