This Public Offer (hereinafter referred to as the "Offer") is the official public offer of the Individual entrepreneur Shmyrev Aleksandr (project "HIGHER SELF REQUEST"), hereinafter referred to as the "Contractor", to conclude with any legal entity or individual entrepreneur or individual, hereinafter referred to as the "Customer", the Agreement for the provision of services for the provision of information materials (programs) (hereinafter referred to as the "Agreement") on the terms established in this Offer.
The acceptance of this Offer is carried out by the Customer performing actual actions indicating his intention, will and desire to enter into legal relations with the Contractor and receive the services provided by him. These actual actions include, in particular, the Customer's payment for the Contractor's services in the manner prescribed by the Offer.
Acceptance of the Offer means familiarization, understanding all together and each separately of the terms of the Offer, full, unconditional and unconditional consent of the Customer with the provisions and requirements defined in the Offer. From the moment of acceptance of the Offer, the Agreement between the Contractor and the Customer is recognized as concluded and agreed, and its terms are subject to mandatory execution by the Parties.
TERMS USED IN THE OFFER
In this Offer, the following terms are used in the following meaning:
Acceptance of the Customer - unconditional consent of the Customer with the terms of this Agreement.
Programs - information materials in various formats provided by the Contractor.
The Offer may use terms not defined in this section of the Offer. In these cases, the interpretation of the terms is made in accordance with the text and meaning of this Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided by the legislation of Georgia.
CONTRACT OFFER
1. GENERAL PROVISIONS
1.1. Subject of the Agreement
1.1.1. The Customer instructs, and the Contractor undertakes, for a fee, to provide services for the implementation of the Program selected by the Customer by providing access to information material.
1.2. Information material is provided in the format of texts, audio, video and photo materials on the topic
of the Program chosen by the Customer. The information material also includes tasks proposed by the Contractor, the purpose of which is to achieve the best result of using the information provided.
1.3. Services, including the compilation and recording of information material, can be provided both directly by the Contractor and by third parties involved.
1.4. Access to information materials is provided to the Customer for the time while the Customer is being trained in the paid programs of the Contractor. The customer independently determines how he will study and use information materials, is responsible for the result of the development and implementation of the information received. After the expiration of the period of use of information materials (determined in accordance with clause 1.5), access to the materials is automatically blocked. The customer has the right to acquire access to information materials by making a new payment.
1.5. After making payment for the Contractor's services, the Customer gets access to information materials that are posted on the Website www.higherselfrequest.com and are available through the Customer's personal account. The volume of information material, the period of access to the material and other conditions are determined by the Contractor individually for each program. Access to the personal account and information materials is carried out using the Internet, the operation of which is provided by the Customer independently.
1.6. The conclusion of this Agreement by the Customer is carried out by performing an action (acceptance of a public offer): payment for participation in the Program (by clicking the "Pay" button and making a money transfer to the Contractor in any of the ways proposed on the Site or, in exceptional cases, using other payment systems, as agreed with executor).
1.7. The cost of participation in the Program is indicated on the Website and can be changed at any time before the acceptance of the Offer and payment.
1.8. This Agreement is considered concluded and enters into force for the Parties from the date of the first payment for services by the Customer. The Contractor offers the Customer several options for payment for services.
1.9. A different payment procedure is possible in accordance with the terms of the promotions (special offer) reflected on the page of the Site dedicated to this offer, as well as after additional agreement with the Contractor or in accordance with the conditions of partner banks when using borrowed funds. The date of payment is the date when the Contractor receives funds from the Customer's current account or the date when the Contractor receives funds from partner banks when the Customer uses borrowed funds.
2. CONDITIONS FOR PARTICIPATION IN THE PROGRAM
2.1. To participate in the Program, the Customer pays and leaves contact information in the form posted on the Website on the corresponding Program Page.
2.2. The Customer pays for the services under this Agreement in the amount established by the Contractor, in any way available on the Site (or, in exceptional cases, using other payment systems, as agreed with the Contractor).
2.3. Payment for the Contractor's services is carried out using the service of the Contractor's choice. Payment methods are indicated on the payment for services page and can be changed by the Contractor. In the case of making a payment using a bank card, the Customer is recommended to use a bank card issued in the name of the Customer. Payment is not accepted if the Customer finds a violation of the terms of payment established by this Agreement and the legislation of Georgia, as well as other countries. In the event of a refund of the paid funds, the refund is made according to the details used when making the payment by the Customer.
2.4. By accepting the terms of the Offer, the Customer agrees, in accordance with applicable law, to the processing (hereinafter referred to as the "PD Processing") by the Contractor of the information provided by him and (or) his personal data. The process of collecting and processing personal data is described in more detail in the Privacy Policy posted on the Site.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The contractor is obliged:
3.1.1. Perform all work on the organization of the Program - provide access to the personal account and to the relevant video files or online broadcasts (including individual ones).
3.1.2. If necessary, take measures to notify the Customer about the start of the Program (via a letter to the email address specified during registration).
3.1.3. Provide the necessary information about the Program. Information is posted on the Contractor's website at the address of the Program Page.
3.1.4. Provide consulting support regarding the provided information materials.
3.1.5. In case of changes in the conditions for granting access to information materials, notify the Customer who paid for the Program.
3.2. The performer has the right:
3.2.1. Conduct photo and video filming of the process of using the information material by the Customer and use the materials obtained during photo and video filming at your own discretion without agreement with the Customer, without payment of remuneration. The Contractor owns the intellectual right to these materials, the use of which by third parties is possible only with the written permission of the Contractor.
3.2.2. The Parties agree that the Contractor has the right to change the cost of services, as well as other terms of this Agreement. The Contractor notifies the Customer of these changes by posting information on the Contractor's Website, while the Customer is obliged to familiarize himself with these changes. Notice of changes in other conditions is also posted on the Site at the address of the Program Page. Information about any changes is subject to publication no later than 3 days before the occurrence of these changes. In case of force majeure, potential cyber attacks, as well as other circumstances beyond the control of the Contractor, this period may be reduced or abolished.
3.2.3. Develop, change the Program and determine the number and composition of the Program, the form of the Program.
3.2.4. In case of non-payment (incomplete payment) of the cost of the Services within the established time limits, in case of untimely provision of data for filling out the Application, or if false data is indicated when filling out the Application, this Agreement is not considered concluded. The Contractor has the right to suspend the provision of services until the cause of the suspension is eliminated.
3.2.5. The Contractor has the right to use for advertising purposes photo, video, audio materials, screenshots, correspondence and reviews, which depict the results of the participants. Such materials are demonstrated in any way available to the Contractor. By paying the cost of the Program, the Customer agrees to use the materials specified in this clause.
3.2.6. The Contractor has the right to refuse the Customer to participate in the Program without explanation. In this case, the money, if it has already been paid, will be returned to the Customer minus the actual services rendered, which are determined by the Contractor in proportion to the fulfilled obligations.
3.3. The customer undertakes:
3.3.1. Independently and in a timely manner, familiarize yourself with the information material, with the date, time, conditions of the Program prior to the submission of the Application, as well as with changes to these conditions, with the current version of the Agreement each time you visit the Site after accepting the Offer. The Customer is notified by the Contractor of the obligation to provide reliable personal data necessary for the implementation of the Program.
3.3.2. Do not advertise your type of activity, including any materials for personal gain, among the participants of the Program. Active and inactive links, mentions (including screenshots) and discussions of third-party authors, as well as training programs / webinars / courses, blog names that are not related to the Program are prohibited. An offer to create a third-party chat is treated as an advertisement. For this, the Contractor has the right to remove the Customer from the chat of the Program participants without the opportunity to return to it. In case of violation, the Contractor reserves the right to expel the Customer from the Program without a refund. In this case, the paid funds for training in the Program are considered by the Contractor as payment for advertising.
3.4. The customer has the right:
3.4.1. Require the Contractor to comply with the terms of this Agreement.
4. RESPONSIBILITIES OF THE PARTIES4.1. In case of non-fulfillment or improper fulfillment of its obligations under the Agreement, the Customer shall be liable in accordance with the legislation of Georgia (or, if applicable, with the norms of international law), taking into account the terms of this Agreement. The Contractor's liability is limited and cannot exceed the one-time cost of the service.
4.2. The Contractor is not responsible for the non-compliance of the provided service with the Customer's expectations and / or for his subjective assessment. Such non-compliance with expectations and / or negative subjective assessment are not grounds to consider services rendered of poor quality or not in the agreed volume.
4.3. The Contractor shall be released from liability for full or partial failure to fulfill the obligations stipulated by this Agreement, if this failure was the result of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure ).
4.4. If the Customer, for reasons beyond the control of the Contractor, did not use access to information materials, did not perform the actions recommended by the Contractor and did not notify the Contractor of his desire to refuse to provide services within the time limits established by this Agreement, or notified after the end of the Program, the service is considered rendered properly and the funds paid to the Contractor are non-refundable.
4.5. Unconstructive criticism of information materials by the Customer is not allowed, including rude condemnation of the actions of the Contractor using profanity, both in personal communication and in public communication. The interaction between the Contractor and the Customer is based on mutual respect. In case of violation of this clause, the Contractor has the right to refuse the Customer access to information materials without a refund and terminate this Agreement unilaterally.
4.6. Access to video files or online broadcast is provided solely for personal viewing. In the event of distribution, duplication, copying, recording of materials without obtaining the consent of the Contractor, the Customer is threatened with a fine in the amount determined in court for each violation in accordance with the legislation of Georgia (or, if applicable, the norms of international law).
4.7. The use of the participant's account / personal account by several persons leads to blocking of the account and gives the Contractor the right to demand payment of a fine in the amount specified in clause 4.6 of this Agreement. If the Customer does not pay the fine, the Contractor has the right to sue the Customer.
4.8. The Customer agrees that the services provided under this Offer for the provision of information materials (programs), as well as the information materials (programs) themselves, do not replace professional advice of any kind, including medical, psychological or other qualified professional assistance. Where necessary, the Customer should seek professional advice on such matters.
5. DISPUTES RESOLUTION5.1. All disputes and disagreements arising in connection with the execution of this Agreement shall be resolved by the Parties through negotiations.
5.2. In case of failure to reach an agreement between the Parties, all disputes are considered in court.
6. RESULT OF INTELLECTUAL ACTIVITY6.1. All materials provided by the Contractor to the Customer in the process of organizing, compiling information material, its use are the result of the intellectual activity of the Contractor and its partners, the exclusive copyright, including related to copyright, belongs to the Contractor or its partners. All materials provided by the Contractor to the Customer in the course of the Program are intended only for the Customer. The customer does not have the right to publicly copy, quote, publish their performance or transfer to third parties for use.
6.2. The Customer does not have the right to copy the audio and video materials of the Contractor's Programs broadcast online, in whole or in part, record the Program's broadcasts, fix the content of such Programs in whole or in part, and use the content of these Programs without the written consent of the Contractor (including by public copying, as well as the publication of the process of performing the exercises and methods included in the Program). This is regarded as a violation of the exclusive right of the Contractor and entails civil, administrative and criminal liability in accordance with the current legislation of Georgia and international agreements. In cases of inconsistent copying, distribution of the results of intellectual activity, the Contractor has the right to terminate the provision of the service unilaterally without returning the remuneration received.
6.3. The customer may not directly or indirectly:
modify the Materials, translate or create derivative works;
use the Materials to create a competitive product or service;
use the Materials to provide services to third parties;
use the Materials in an unlawful manner or to cause damage, bodily harm to a person or property;
7. OTHER TERMS7.1. This Agreement is valid until the Parties fulfill all obligations.
7.2. Payment and the left contact details of the Customer are an integral part of this Agreement.
7.3. By concluding this Agreement, the Customer agrees to use information about himself, his relationship with the Contractor, his personal data transferred to the Contractor as part of the execution of this Agreement, the publication of materials on the fact of receiving services from the Contractor by the media - television, radio, on the Internet, print publications, social networks, as well as the publication of these materials on the official website and social resources of the Contractor.
7.4. By concluding this Agreement, the Customer agrees to use the Customer's image included in the results of intellectual activity. If the Customer does not agree to grant the rights to use his image, he shall notify the Contractor in writing by e-mail info@higherselfrequest.com.
7.5. In all other respects that are not provided for by this Agreement, the Parties will be guided by the current legislation of Georgia and international agreements.
7.6. The Customer confirms that all the terms of this Agreement are clear to him, and he accepts them unconditionally and in full.
7.7. This Agreement may be changed unilaterally by the Contractor.
8. ИСПОЛНИТЕЛЬ:Individual entrepreneur Shmyrev Aleksandr NAP345697454
E-mail: info@higherselfrequest.com
Address: Georgia, Batumi, Tbel Abuseridze Street, 38