Agreement
Public offer and user agreement
on providing services of access to online materials for self-study of English language
The Agreement (offer) is addressed to natural persons who, by their actions, have expressed their intention to enter into this agreement (hereinafter referred to as the "user"). The agreement is an official public offer of the GREEN FOREST English Language Schools Network on behalf of and in the interests of which act natural persons, entrepreneurs and legal entities as per agency agreements. Under the Art. 633 of the Civil Code of Ukraine, they offer to conclude an agreement on the provision of services of access to online materials for self-study of English language under the following conditions:
1. General provisions
1.1 By registering on the Website https://booyya.com/ (hereinafter - the "Website") and paying for the course through the online payment system, gaining access for self-study, the User thereby accepts this Agreement, unconditionally and unequivocally.
1.2. The User who accepts the Agreement, assures the Company of the following conditions:
- he is an adult (reached the age of full legal capacity) in accordance with the legislation of his country and has full contractual capacity.
- no consent or approval of any third parties is required for the acceptance and execution of this Agreement by the User.
1.3. The Company reserves the right to make changes to the text of this Agreement without special notification to the User by publishing a new edition. The new edition of the Agreement enters into force from the moment of its publishing on the Website.
2. Terms and definitions
"Company" - the owner of the Website - Green Forest, in the person of Grybenuk Svitlana Borysivna, address: Kyiv, 3 Dragomyrova str., apt. 3.
"User" (or "Users") - any natural / legal person, regardless of legal status and legal capacity, who use any of the functions or services of the Website.
"Website" - https://booyya.com and all its other elements / sections / parts / web pages located at the indicated links.
"Parties" - the Company and the User when mentioned jointly.
"Services" - are the Company's services for providing the User with access to online materials for self-study of the English language.
"Course" - is a collection of text, graphics, video materials, tests (online materials) intended for self-study of English language by users.
"Content" - the results of intellectual activity, expressed in any physical form (audio, video materials, images, texts, other materials).
"Personal account" is a closed section of the Website, which is available only to Users who have completed Registration, paid for the selected course and received online access to purchased Courses.
3. Subject of the Agreement
3.1 The subject of this Agreement is the provision of paid access to online materials for self-study of English language by the User.
4. Obligations of the parties
4.1. Rights of the Company:
4.1.1 Make amendments and/or additions to the Agreement (offer) from time to time.
4.1.2 Post new courses, edit current courses, change the cost of courses on the Website without additional notification to the User about these changes.
4.1.3. Suspend the work of the Website for the scheduled and unscheduled maintenance works. Carrying out such maintenance works cannot be considered a breach of the Company's obligations.
4.2. Duties of the Company:
4.2.1. To provide the User with access to the Course in his Personal account within 48 (forty-eight) hours from the moment of the executed payment for the Course.
4.2.2. To make very effort to ensure high-quality and uninterrupted access to the Courses. At the same time, the Course is provided without any direct or indirect guarantees.
4.3. Rights of the User:
4.3.1. Get access to the Course under condition of payment as per the terms of this Agreement.
4.3.2. Use the provided Content solely for personal non-commercial use: view and study the course materials to improve personal English language skills.
4.3.3. Receive advisory assistance on technical issues, solution of problems with access to Courses, by means of feedback form "Write to Us" on the Website.
4.4. Responsibilities of the User:
4.4.1. Comply with the requirements of current legislation, provisions of this Agreement, Rules of Use.
4.4.2. Do not transfer the links to access the Course and the Course materials to third parties.
5. Service provision procedure
5.1. Access to the Courses is provided for a fee. All Courses presented on the Website are available to the User for purchase.
5.2. The Website provides the User with an access to information about the subject of the Course, its description and content ("What's inside" section), based on which the User can find out about the expected content of the Course before purchasing it.
5.3. The Course is a collection of video recordings and other related materials. Hereby the User understands that lessons in the format of webinars, streams, etc. live broadcasts, lessons with a teacher are not provided for in the Courses.
5.4. For self-study at the Courses, the User needs the following equipment: a computer or laptop, a phone / smartphone with the Google Chrome / Yandex / Opera / Mozilla Firefox / Safari browser of the latest stable version installed. Internet connection from 10 Mbit / sec.
5.5. Access to Courses purchased by the User is provided in "My Courses" section of the Website.
The content of the Course is layed out under the corresponding link to the resource in the Personal account. To go to the course, click on the link with the name of the course or its picture.
5.6. The Service is considered to be provided by the Company in full and accepted by the User, from the moment of granting access to the Course or Courses on the Website https://booyya.com, regardless of the subsequent actual use of the Course materials by the User.
5.7. The Course is provided on an "as is" basis, i.e. in the form and extent in which the materials are provided by the Company at the time of providing access to the Course.
5.8. The content of the Course may be changed, updated or supplemented at any time.
5.9. The User has no right to grant access to the Course to third parties. If such actions are detected, the User will be blocked from accessing the Course without refund.
5.10. The Company does not issue any diplomas, certificates, etc. to confirm taking the Course.
6. Cost of Services and payment procedure
6.1. The price of each Course is provided on the Website and may be changed by the Company unilaterally.
6.2. Payment for Courses is made using Internet acquiring, as well as any of the methods offered on the Website (e.g., by LiqPay)
6.3. Payment for Services is made on the basis of 100% advance payment at the prices valid at the time of payment.
6.4. After the User gets access to the Course or Courses on the Website, the Service will be considered as provided, there is no refund of funds for providing access to the Course.
6.5. The payment for the Services is considered to be the moment of receipt of the respective amount of money, in full, to the Company’s account or accounts of third parties authorized to accept payments (payment aggregators, payment agents, money transfer operators, payment systems, etc.).
6.6. All fees for bank transactions shall be paid by the User at the rates of the bank card that is used to make the payment.
7. Intellectual rights on Course materials
7.1. Subject to the User's compliance with the terms of the Agreement, the User is granted individual access to the use of the Course materials exclusively for personal non-commercial use for the purpose of familiarization and study excluding any and all rights of transfer, sale, assignment.
7.2. The Course Content is the intellectual property of the Company or persons who provided the Company their consent to use the Content or those whose intellectual property may be freely distributed.
7.3. Except for the cases set forth by the Agreement, no result of intellectual activity provided in the Course materials may be copied, reproduced, processed, distributed, published, transferred, sold or otherwise used in whole or in part, without the prior authorization of the Company or the copyright holder, except in cases, when the copyright holder has explicitly expressed his consent to the free use of the material by any person.
7.4. In particular, the User is prohibited to:
7.4.1. Reproduce, copy, as well as use in any way for any commercial purposes the Content of the Course without the consent of the Company or other copyright holders;
7.4.2. Modify or otherwise amend the Content;
7.4.3. Distribute, reduce the price, sell, give away, transfer for use, etc. access to the Course to the third parties without the consent of the Company;
7.4.4. Carry out any other actions regarding the use of the Content that violate the legislation on the protection of intellectual rights.
7.5. Nothing in this Agreement can be considered as a transfer of exclusive rights to the Course Content to the User.
8. User Data
8.1. The User undertakes to provide the Company with all data requested by the Website or the Company necessary to provide access to the Courses.
8.2. The Company processes the User's data in accordance with the Agreement on the Processing of Personal Data, which can be found on Website page https://booyya.com/ua/policy
8.3. The Company undertakes not to disclose confidential information provided by the User in connection with the execution of the Agreement (with the exception of publicly available information or information provided by the User upon registration on the Website) to third parties without the prior consent of the User.
8.4. The Company has the right to use the e-mail provided by the User when they register on the Website to send the User information and advertising materials, including to inform the User about the Company's activities and the progress of this Agreement.
9. Dispute resolution
9.1. If any dispute arises during the execution of this Agreement by the Parties, the Parties will take all measures to resolve it through negotiations. If it is impossible to settle it through negotiations, the interested Party will apply to the court of the relevant jurisdiction in accordance with the current legislation of Ukraine.
10. Company Details
"Green Forest" company
EDRPOU 45368085
Legal address: Kyiv, 3 Dragomyrova str., apt. 3
e-mail: [email protected]
