PUBLIC OFFER

for the use of software and execution of orders for processing of payment acceptance

The provisions of this public offer (“Offer”) constitute an offer of IE Khasanov D.A. (“Rights Holder”) to enter into an agreement on the terms and conditions below for the use of the Platform ezcourse.ru with any person who wishes to take advantage of this offer. This Offer also contains provisions on the terms and conditions of use and processing of orders and payments by Learners.

1. Terms and Definitions

• The ezcourse Platform (the Platform) is a website, which is presented in an objective form as a set of data and commands and which includes source code, databases, audiovisual works, other intellectual property objects protected by law, as well as all documentation on its use. The Platform is located on the Internet at https://ezcourse.ru.
• 1.2. The School is a legal entity, an individual entrepreneur or a natural person with self-employed status, which uses the Platform for the purpose of placing its online courses or other content on it and further providing access to such content to Pupils. For the purposes of this Offer, content means any materials, including audiovisual, textual and other works, as well as collections of materials, phonograms, performances and other objects of related rights.
• 1.3. The Pupil is a person interested in getting access to the School's content posted on the Platform. When the School activates the ezcourse functionality, the Pupil has the right to place and pay for an order for access to the School's content using the Platform functionality.
• 1.4. The Personal Account is a personalized section of the ezcourse Platform, which is accessed by entering authentication data: login (email address) and password (access code). Entering authentication data in myAlpari and further use of myAlpari is equivalent to the use of a simple electronic signature. Access to myAlpari is provided after registration on the Platform.
• 1.5. One-time payment - a payment agreed with the Pupil in the form of debits from the Pupil's bank card for online courses or other content of the School selected by the Pupil.

2. Procedure for concluding the agreement (acceptance of the Offer)

• 2.1 The School, interested in placing an online course or other content, its further distribution or rendering educational and other services to Pupils through the ezcurse Platform, has the right to accept the terms of this Offer (acceptance) by performing certain actions.
• 2.2. In order to use the Platform without the Get Module, the School must perform the actions in the following order:
  • а) Carefully study the terms and conditions of using the Platform set out in this Offer and fill in the check-box in the special section to confirm agreement with the said terms and conditions;
  • b) go through the Personal Account registration procedure, indicating your complete and accurate registration and contact details.
• 2.3. The School's actions to register a Personal Account are an acceptance of the terms and conditions of this Offer to use the Platform. By performing these actions, the School confirms the fact of familiarization with the Offer and full unconditional acceptance of its terms and conditions on the use of the Platform.
• 2.4. The School, by using the Platform's functionality to create a course, expresses its full and unconditional agreement with the terms of use of the Platform, as well as with the terms of contracting with Students and accepting payment, which are set out in this Offer.
• 2.5. Upon review of the School's application for course placement and verification of compliance with all the necessary conditions on the part of the School, the Rights Holder shall notify the School of the possibility to connect to the course placement functions or refuse such connection.
• 2.6. If the School's application for connection is approved, the School's Personal Office will be able to activate the course placement functionality. By activating the course placement functionality, the School accepts the terms and conditions of this Offer regarding the use and acceptance of payment from Students.
• 2.7. The Rights Holder is entitled to unilaterally change the text of this Offer, including the amount of remuneration, at any time by publishing a new version of this Offer at https://ezcourse.ru/terms. For this reason, the School shall visit the said address at least once every two weeks to familiarize itself with its current text. In case of disagreement with the new terms of the Offer, the School shall be entitled to unilaterally withdraw from the contract in accordance with the provisions of Section 9 of this Offer.

3. Conditions of use of the Platform

• 3.1. The Rights Holder grants the School the right to use the Platform in accordance with its functional purpose to place online courses and other content on the Platform with the possibility of further providing access to such content to the Students, and the School pays remuneration to the Rights Holder for obtaining the relevant right to use the Platform.
• 3.2. The School has the right to use the Platform exclusively for its commercial or non-commercial purposes, without transferring access to the Personal Account to unauthorized third parties. The rights to use the Platform are not subject to sublicensing.
• 3.3. The right to use the Platform may be granted to the School for a certain period depending on the selected tariff plan. After the expiration of the period, access to the Platform shall be restricted and the Pupils' access to the online courses and other content posted by the School shall be suspended. The School is entitled to extend the period of use of the Platform by paying for a new period. The periods specified in the terms and conditions of the tariff plans in accordance with clause 5.1. Offer. The said period starts from the moment the School is granted access to the Platform.
• 3.4. In the absence of the minimum number of Students (Users) and file storage size provided to the School in accordance with the selected tariff plan, the Rightholder has the right to suspend access to the Platform and (or) unilaterally change the tariff plan.
• 3.5. Acceptance of this Offer by the School means full consent to receive advertising and informational mailings (messages and notifications) from the Rights Holder. Such mailing is made to the e-mail address and cell phone number specified by the School during registration, as well as via messaging programs (messengers). The School has the right to refuse to receive advertising and information mailings at any time by sending a corresponding notification to the e-mail address site.ezcourse@gmail.com.

4. Content posted by the School on the Platform

• 4.1. When the School posts content on the Platform, the School retains the exclusive right to such content.
• 4.2. When the content is placed on the Platform, the School grants the Rights Holder a non-exclusive license to reproduce, publicly display, communicate to the public, as well as to use such content in any other ways necessary for the functioning of the Platform, without limitation of the territory, without payment of remuneration, for the entire period of placement of the content on the Platform.
• 4.3. When administering the Platform, the Rights Holder performs the function of an information intermediary in accordance with Article 1253.1 of the Civil Code of the Russian Federation, since:
• a) is not the initiator of the transfer of content uploaded by the School to the Platform;
• b) does not modify such content during its transmission;
• c) does not carry out preliminary verification/monitoring of such content.
• 4.4. Due to its status of an information intermediary, the Rights Holder is not liable for infringement of third party intellectual rights resulting from the transmission and/or posting of the content uploaded by the School to the Platform.
• 4.5. The School undertakes to comply with applicable legal requirements when posting online courses or other content on the Platform. In particular, it is prohibited to post content on the Platform that:
• a) infringes the intellectual rights of third parties or constitutes a breach of obligations to third parties (including obligations of confidentiality);
• b) is illegal or promotes or facilitates any form of illegal activity;
• c) is prohibited for distribution in Russia in accordance with federal legislation;
• d) Provides training or know-how that violates any applicable federal, state, local or international laws or regulations;
• e) Is discriminatory or defamatory against any person or group of persons;
• f) contains malicious computer programs (“viruses”).
• 4.6. Under no circumstances shall the Rights Holder be liable for the content posted by the School, including, but not limited to, any errors in the content, as well as for loss or damage of any kind incurred as a result of creating, posting or otherwise using the content.
• 4.7. The School is solely responsible for the compliance of the content posted by the School with the requirements of the applicable law, including liability to third parties in cases where the posting of a particular content or the content violates the rights and legitimate interests of third parties, including personal non-property rights of authors, other intellectual rights of third parties, and/or infringes on their intangible benefits.

5. Remuneration for the use of the Platform

• 5.1. Before using the Platform, the School chooses and pays for one of the valid tariff plans, information about which is available on the website at https://ezcourse.ru/prices and/or in myAlpari. The terms of tariff plans are an integral part of this Offer. In case of contradiction between the terms and conditions of tariff plans and the terms and conditions specified in Section 3 of the Offer, the terms and conditions of tariff plans shall prevail.
• 5.2. If the tariff plan implies payment for the tariff plan, it shall be made in the order of full prepayment within three working days from the moment of issuing an invoice for payment by the Right holder. The School's obligation to pay the remuneration shall be deemed fulfilled from the moment of receipt of funds to the Right Holder's settlement account.
• 5.3. Upon completion of the paid period, access to the Platform service shall be extended for 7 (seven) days. In this case, the date from which the new tariff plan will be calculated is the last day of the previous paid period.
• 5.4. If the tariff plan for the new period is not paid within 7 (seven) days, the Agreement shall be terminated. The receipt of payment outside the period specified in this clause shall be considered as conclusion of a new contract on the terms and conditions specified in the Public offer posted at https://ezcourse.ru/terms.
• 5.5. The Rights Holder has the right to change the amount of remuneration for the granted right to use the Platform by changing the tariff plans. In case of a change of the tariff plan, the School may agree with the changes, choose another tariff plan or cancel the agreement. The price of the tariff plan is not subject to change until the expiry of the paid period.
• 5.6. In case of early termination of the Agreement on the initiative of the School or on the initiative of the Rights Holder due to the School's violation of its obligations under this Agreement, the amount of the paid tariff plan shall not be refunded.
• 5.7 If the tariff plan implies payment of remuneration to the School for each purchase of a course by the Learner, the payment for the course is made by the Learner to the Platform's account. The Platform, in its turn, pays the remuneration to the School within three banking days to the School's current account (bank card).

6. Effect and termination of the Offer and legal relations of the parties

• 6.1. The terms and conditions of this Offer are valid from the moment of its publication on the website https://ezcourse.ru. The right holder has the right to unilaterally change the terms of the Offer by posting a new version on https://ezcourse.ru. The School agrees that changes in the text of the Offer entail changes in the contract concluded between the Rights Holder and the School when making the acceptance.
• 6.2. The Rights Holder has the right to transfer the rights and obligations under this Offer to another person (hereinafter referred to as the New Rights Holder), of which the Rights Holder undertakes to notify the School in writing not later than 10 (ten) days from the date of registration of the transfer of rights to the Platform to the New Rights Holder. If within 3 (three) days after receipt of the notice the School does not unilaterally withdraw from the agreement concluded on the basis of this Offer, the Offer will be valid for the New Right Holder and the School on the previously agreed terms.
• 6.3. The legal relations between the Rights Holder and the School regulated by this Offer shall be valid from the moment of registration of the Personal Account (acceptance of the Offer) until the moment of termination of the legal relations by agreement of the parties or as a result of unilateral refusal of the Rights Holder or the School.
• 6.4. The School has the right to unilaterally withdraw from the agreement concluded on the basis of this Offer at any time by deleting the Personal Area or refusing to pay the fee for the use of the Platform.
• a) Deletion of the Personal Account or refusal to pay the fee for the use of the Platform shall mean a complete withdrawal of the School from both the agreement on the use of the Platform, the agreement on the use of the Get-module and the agency agreement on concluding contracts and accepting payments from Pupils.
• b) Disabling the Get Module shall mean the School's withdrawal from the agreement on the use of the Get Module and the agency agreement on concluding contracts and accepting payments from Pupils. In this case, the agreement on the use of the Platform continues to be in force.
• 6.5. Unilateral withdrawal from the agreement concluded on the basis of this Offer does not relieve the School of the obligation to fulfill the agreements with the Students on providing access to online courses or other content.
• 6.6. The Rights Holder has the right to unilaterally withdraw from the agreement concluded on the basis of this Offer by deleting the School's Personal Account in case of violation by the School of the obligations stipulated by the Offer or the provisions of the legislation of the Russian Federation.
• 6.7. Either Party shall have the right to unilaterally withdraw from the Agreement by sending a written notice of its intention not later than 30 (thirty) calendar days prior to the expected date of termination of the Agreement.
• 6.8. In case of early termination of the Contract concluded on the basis of the Offer, the Parties shall make mutual settlement of monetary obligations.

7. Intellectual Property

• 7.1.The ezourse platform is the objects of copyright and related rights.The platform includes the following objects of intellectual property:
  • a) Program code of the website, computer programs;
  • b) elements of design, corporate style and layout of the Platform;
  • c) content, i.e. any information, including texts, audio and video files, photos and other media files, placed by the Rightholder on the Service;
  • d) databases;
  • e) means of individualization;
  • f) all improvements, updates, corrections and additions to the Platform or its components.
• 7.2.In accordance with the terms of the Offer, no intellectual property objects shall be alienated to the School.The School shall be entitled to use the Platform only for its intended purpose in accordance with the terms of this Offer.
• 7.3.The School is prohibited, in particular, from:
  • a) Extract program code, translate, modify or otherwise act on the source code of any components of the Platform;
  • b) create sites or services that are a reworking of the Platform;
  • c) create objects of copyright or related rights based on the appearance or structure of the Platform;
  • d) transfer access to the Personal Account to third parties, including by sale, license or sublicense, lease, rental;
  • e) use the brand name, logo, design elements, other results of intellectual activity and means of individualization of the Rightholder;
  • f) use the ezourse Platform and means of individualization of the Licensor for contextual, targeted and other advertising of services with similar functionality to the Platform.

8. Service Level

• 8.1.The School agrees to use the Platform on an “as is” basis. The Rights Holder makes no warranty that access to the Platform will be error free, will be compatible or work with other software, applications, systems or services, will be uninterrupted, that the servers on which the Platform resides will be up and running at all times, or that there will be no other technical or telecommunication errors.
• 8.2.The Rights Holder reserves the right to improve, correct and otherwise modify the Platform. The Platform may be unavailable during the maintenance period and at other times.
• 8.3.The Rights Holder has the right to perform preventive maintenance in the software and hardware complex of the Platform and Get - module with temporary suspension of operation.
• 8.4.The School gives its consent to the Rights Holder to collect and use technical information obtained during the use of the Platform by the School. The technical information is used by the Rights Holder solely for the purpose of improving the quality of service provision and optimizing the functionality of the Platform.
• 8.5.In case of errors in the Platform's operation, the School sends a corresponding request to the Rightholder. The said request is registered in the Rightholder's accounting system. The term and procedure of elimination are determined by the Rightholder independently depending on the technical capability and the reason for the errors.

9. Responsibility

• 9.1.The Rightholder is not liable for the School's lost profit under any circumstances.
• 9.2.The liability of the Rights Holder within the framework of the legal relations regulated by this Offer may not exceed the amount of the remuneration of the Rights Holder received from the School.
• 9.3.The School is independently and fully liable for the content posted on the Platform, including the issues of infringement of the exclusive rights of third parties.
• 9.4.In case of claims, demands or lawsuits to the Rightholder regarding the violation of third party rights related to the violation of the School's obligations, the School assumes the obligation to settle them and compensate the Rightholder's losses in case of their occurrence.

10. Personal Data

• 10.1.The School entrusts the Rights Holder with the processing of personal data (hereinafter referred to as “Personal Data”) of the School's Pupils in accordance with Article 6.3 of the Federal Law No. 152-FZ dated June 27, 2006 “On Personal Data” (hereinafter referred to as “Personal Data Law”).
• 10.2.The School, in its turn, undertakes to comply with appropriate measures to protect personal data in accordance with the requirements of the Personal Data Law, the General Data Protection Regulation (GDPR) and other laws and bylaws, including obtaining appropriate permissions, posting on the website and on the School's page on the Platform the necessary documents and information.
• 10.3.The purpose of the Rightholder's processing of Pupils' personal data within the framework of the assignment is to provide access of the School's Pupils to the School's materials located on the Platform.
• 10.4.The Rightholder has the right to process the Personal Data that became known to him in connection with the execution of this Agreement, namely: Full name, telephone number, e-mail address.
• 10.5.The list of actions (operations) performed by the Rights Holder to process the Personal Data that became known to him in connection with the execution of the Agreement includes: collection, recording, systematization, accumulation, storage, clarification (update, change), use, blocking, deletion, destruction.
• 10.6.The Rights Holder undertakes to comply with the principles and rules of processing of Personal Data provided for by the Personal Data Law, as well as their security;
• The Right Holder undertakes to maintain confidentiality with regard to the Personal Data, which became known to him in connection with the execution of the Agreement, and to ensure their security in compliance with the requirements established by Article 18.5, as well as Articles 18.1 and 19 of the Law on Personal Data, including, but not limited to:
  • a) application of organizational and technical measures to ensure the security of Personal Data during their processing in the information systems of personal data (hereinafter - ISPDN), necessary to meet the requirements for the protection of Personal Data, the execution of which ensures the levels of protection of Personal Data established by the Government of the Russian Federation;
  • b) detecting facts of unauthorized access to Personal Data and taking measures;
  • c) restoring Personal Data modified or destroyed due to unauthorized access to them;
  • d) establishing rules for access to Personal Data processed in an ISPDN, as well as ensuring registration and record keeping of all actions performed with Personal Data in an ISPDN;
  • e) control over the measures taken to ensure the security of personal data and the level of protection of the ISPDN;
  • f) notifying the personal data controller and in case of establishing the fact of unlawful or accidental transfer (provision, dissemination, access) of personal data, which resulted in violation of the rights of personal data subjects;
  • g) recording, systematization, accumulation, storage, clarification (update, change), extraction of personal data of citizens of the Russian Federation using databases located in the territory of the Russian Federation when collecting personal data, including through the information and telecommunication network “Internet”;
  • h) appointment of the person responsible for organization of personal data processing;
  • i) availability of documents, local acts that define the operator's policy in relation to personal data processing, as well as internal control of compliance of personal data processing with the Law on personal data and documents and local acts adopted in accordance with it;
  • j) Evaluation of the damage that may be caused to personal data subjects in case of violation of the Law on personal data, the correlation between the said damage and the measures taken by the operator to ensure the fulfillment of the obligations stipulated by the Law on personal data;
  • k) Familiarization of the Right holder's employees directly involved in processing personal data with the provisions of the Russian Federation legislation on personal data, including requirements to personal data protection, documents defining the operator's policy in relation to personal data processing, local acts on personal data processing, and (or) training of the said employees.
• 10.8.The document defining the policy of the Right holder in relation to the processing of personal data, to the information on the implemented requirements to the protection of personal data is published on the website https://ezcourse.ru/privacy.
• 10.9.The Parties undertake to exchange personal data in a manner that allows to ensure the confidentiality of the transferred data, including the use of secure data transfer protocols.
• 10.10.Responsibilities of the School:
• 10.10.1.The School organizes and/or performs the processing of the Personal Data of the Data Subjects, as well as determines the purposes of their processing, actions(operations) performed with their Personal Data.
• 10.10.2.The School informs the Rightholder of the necessity to delete the Personal Data from information systems or hard copies no later than within 10 (ten) working days from the date of detection of unlawful processing of Personal Data and within 30 (thirty) days from the date of achievement of the purpose of processing and / or withdrawal of consent of the Subject of Personal Data, unless otherwise provided for by the legislation of the Russian Federation.
• 10.11.Obligations of the Rightholder:
• 10.11.1.When processing the Personal Data that became known to it in connection with the execution of the Agreement, the Rightholder shall strictly comply with the requirements of the legislation of the Russian Federation in the field of protection of Personal Data and this Order.
• 10.11.2.The Rightholder undertakes to process the Personal Data that became known to it in connection with the execution of the Agreement until the occurrence of one of the following events:
  • a) receipt of a notice from the School on the necessity to terminate processing of Personal Data of the Subjects of Personal Data;
  • b) termination of the Agreement for any reason;
• 10.11.3.In cases provided for by the applicable law, the Right Holder undertakes to provide documents and other information confirming the taking of measures and compliance with the requirements established in accordance with the requirements of the Personal Data Law for the purpose of execution of the Operator's assignment.
• 10.11.4.The Rightholder undertakes to destroy the Personal Data within the period specified in the School's notification or ensure their destruction, whichever comes first, by providing a written confirmation of the destruction of the Personal Data signed by the Rightholder, unless otherwise provided for by the current legislation of the Russian Federation.
• 10.11.5.The Right Holder shall notify the School in writing within 1 (one) working day of all cases of leakage or unlawful disclosure of Personal Data that have become known to it in connection with the performance of the Agreement.
• 10.11.6.The Rightholder hereby confirms that he/she has been informed by the School that the Personal Data may be used only for the purposes for which they have been communicated and that this rule will be strictly observed by him/her.

11. Other terms and conditions

• 11.1.In the event of disputes between the School and the Rights Holder, the parties take measures to resolve them through negotiations.
• 11.2.The pre-trial dispute resolution procedure is obligatory.To initiate the negotiation process, a party sends a written claim to the other party to the contact e-mail address, disclosing its position on the merits.The other party sends a reply to the claim within 10 (ten) working days, disclosing its arguments on the merits of the claims.If the reply to the claim shows a full or partial refusal to satisfy the claims, the parties organize and conduct negotiations within the next 10 (ten) working days.
• 11.3.In case of failure to reach an agreement between the parties through negotiations or in case of failure to receive a response to the claim within the established term, the dispute arising from this Offer will be resolved in the Arbitration Court of Moscow - if the School is a legal entity or an individual entrepreneur, or in a court of general jurisdiction at the location of the Rights Holder.
• 11.4.Recognition of any provision of this Offer as invalid or unenforceable does not entail invalidity or unenforceability of other provisions.
• 11.5.In case of presence of a foreign element in legal relations of the parties regulated by this Offer, the applicable law is the substantive law of the Russian Federation, except for the conflict of laws of the Russian Federation.