5. LIABILITY OF THE PARTIES
5.1 In cases of non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation, taking into account the terms of this Offer.
5.2 The Executor shall not be liable in case of improper provision of Services, if improper performance was a result of unreliability, insufficiency or untimeliness of information provided by the Customer, as well as due to other violations of the terms of this Agreement by the Customer or the Client.
5.3 The Contractor shall not be liable for non-compliance of the provided service with the Customer's or Client's expectations and/or his subjective assessment, such non-compliance with expectations and/or negative subjective assessment shall not be grounds to consider the services to be rendered poorly or not to the agreed extent.
5.4 In case of violation by the Customer or Client of the Executor's exclusive and copyright rights specified in Chapter 9 of this Offer, the Executor has the right:
- to refuse to fulfill and terminate the Agreement unilaterally;
5.5 In case of violation by the Customer or the Client of the terms of p. 4.3.7 of this Offer, the Executor reserves the right not to allow the Customer and/or the Client to participate in consultations under the Service Package, to remove the Customer's access to the Personal Account on the Platform.
5.6 The Parties shall be released from liability for full or partial non-fulfillment of obligations under the Agreement if the non-fulfillment of obligations was caused by force majeure, namely: fire, flood, earthquake, strike, war, actions of public authorities or other circumstances beyond the control of the Parties.
5.7 The Party, which cannot fulfill its obligations under the Contract, shall timely, but not later than five calendar days after the occurrence of force majeure, notify the other Party in writing, with submission of justifying documents issued by competent authorities.
5.8 The Executor is not responsible for temporary failures and interruptions in the work of the Executor's Internet resources and the loss of information caused by them.
5.9 When the Customer or Client uses the materials provided to him in the process of rendering services, the Customer and/or Client agrees that the Executor is not responsible for his personal result achieved (or not achieved) in the process of using the materials.
6. CONFIDENTIAL INFORMATION AND PERSONAL DATA OF THE CUSTOMER
6.1 By making acceptance of this Offer, the Customer freely and of his own free will and in his own interest gives his consent to the Contractor to process the Customer's and/or Client's personal data provided by the Customer. In particular, the consent to any actions (operations) or a set of actions (operations) performed with the use of automation or without the use of such means with the provided personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction. The Consent is issued for the purpose of conclusion and fulfillment of obligations assumed by the Contractor to the Customer and arising by virtue of acceptance of this Offer and in respect of the following personal data: surname, name, patronymic, e-mail address, cell phone number (home, contact). The Customer who is a legal entity, making acceptance of this Offer, guarantees to the Contractor the presence of the appropriate consent of the physical person in favor of whom such Customer has concluded the Contractor's Agreement, and undertakes to provide it to the Contractor at the first request of the Contractor.The Customer, who is a legal representative of a minor aged 14 to 18 years old, making acceptance of this Offer, guarantees to the Contractor the existence of the appropriate consent of the minor in favor of whom such Customer has concluded the Contract with the Contractor, and undertakes to provide it to the Contractor at the first request of the Contractor.
6.2. Issues of personal data processing are regulated by the following document of the Executor: Policy of personal data processing approved by the Executor. When registering on the Website, the Customer provides the following information: surname, first name, patronymic, contact phone number, e-mail address.
The Customer, who is a legal representative (parent, adoptive parent or guardian) of a minor natural person aged 14 to 18 years old, provides:
- name, surname, patronymic of the Customer;
- contact telephone number of the Customer
- contact e-mail address of the Customer;
- name, surname, patronymic and contact telephone number of the minor in favor of whom the Customer concludes the Contract.
6.3 The Customer also gives his consent to the Contractor's processing and use of the information and (or) his personal data and (or) personal data of the Customer, in favor of whom he concludes the Agreement, for the purpose of making promotional calls (including autodialing), information mailing (including automatic) about the Contractor's events and/or promotional calls (including autodialing), promotional mailing (including automatic) about other services AND to the contact phone number(s) and (or) contact e-mail address specified by the Customer. Consent to receive promotional calls and promotional mailings shall be deemed to be granted indefinitely until the Contractor receives written notification via email from the Contractor of the refusal to receive promotional mailings and promotional calls.
6.4 The Customer also gives his consent to the transfer, for the purpose of the Contractor's actions provided by this clause, of the information provided by him and (or) his personal data and (or) personal data of the Customer, in favor of whom he concludes the Agreement, to third parties in the presence of a duly concluded agreement between the Contractor and such third parties.
6.5 Confidentiality issues are regulated by the current legislation and internal documents of the Contractor. The Parties undertake without mutual consent not to transfer to third parties organizational, technological and commercial information that is a secret for any of the Parties (hereinafter referred to as “confidential information”), provided that:
- such information has actual or potential commercial value due to its unknown to third parties;
- such information is not freely accessible on a legal basis;
- the holder of such information takes appropriate measures to ensure its confidentiality.
6.6 Confidential information shall be protected indefinitely.
6.7 The Contractor has the right to use “cookies” technology. “Cookies” do not contain confidential information. The Customer hereby consents to the collection, analysis and use of cookies, including third parties for the purposes of statistics generation and optimization of advertising messages.
6.8 The Executor receives information about the ip-address of the Website visitor. This information is not used to establish the visitor's identity.
6.9 The Executor is not responsible for the information provided by the Customer on the Website in a publicly available form.
6.10. The Executor has the right to record telephone conversations, online (video) consultations with the Customer or Client. In this case, the Contractor undertakes to: prevent attempts of unauthorized access to information obtained during telephone conversations, online (video) consultations, and / or transfer it to third parties not directly related to the execution of orders and services.
6.11. By accepting this Offer, the Customer gives the Executor consent to use all photo images and other images of the Customer or the Client, obtained in the framework of rendering services provided by this Offer, including, but not limited to images included in the results of the Executor's intellectual activity, in advertising, informational and other materials related to the provision of services by the Executor, without payment of remuneration to the Customer. Such consent is provided by the Customer for the use of the specified images in advertising, informational and other materials related to the provision of services by the Contractor, placed in the Internet, without limitation of the territory of use. This consent entitles the Executor to publicize and use the specified images in full or in fragments: reproduce, distribute, publicly display, use for parsing, import originals or copies of images for the purposes of such distribution, broadcast and cable, process, bring to public attention. The Contractor shall be entitled to transfer the rights to such images to any third parties for purposes related to the services rendered by the Contractor in the performance of its activities.The specified images may be used by the Contractor until the day of withdrawal of this consent in writing. If the Client does not agree to grant the rights to use the image, the Client shall notify the Executor thereof in writing to the Executor's e-mail address.
6.12. The Customer, who has concluded the Agreement in favor of the Client, guarantees the Executor the existence of the above mentioned consents of the respective Client and undertakes to provide it to the Executor at the first request of the Executor.
7. DISPUTE RESOLUTION
7.1 All disputes and disagreements arising in connection with the execution of the terms of this Offer and the concluded Agreement shall be resolved by the Parties through negotiations. Pre-trial dispute resolution procedure is mandatory for the Parties. The term of consideration of a written claim by the Parties shall be 10 (ten) calendar days after its receipt.
7.2 In case of failure to reach an agreement between the Parties, all disputes are considered in court, at the place of registration of the Contractor.
8. TERM OF VALIDITY OF THE CONTRACT AND THE PROCEDURE FOR ITS AMENDMENT AND TERMINATION
8.1 The Contract on the terms and conditions specified in this Offer shall come into force from the moment of acceptance of the Offer by the Customer and shall remain in force until full fulfillment of obligations by the Parties in accordance with its terms and conditions.
8.2 The Contractor shall have the right at any time to make changes and additions to this Agreement, as well as other documents posted on the Internet in connection with the provision of services without prior approval, notification and informing the Customer thereof. The text of this Offer is posted on the website:
https://iksschool.com/courses, ensuring the publication of the changed conditions in the Internet on the Contractor's Website at least one day before their entry into force. The current edition of the offer comes into force from the moment of its publication on the Website. Changes made in the offer are not retroactive.
8.3 The Customer has the right to terminate this Agreement unilaterally in case the Contractor fails to provide the Services in the stated terms.
9. RESULT OF INTELLECTUAL ACTIVITY
9.1 All legally protected works: audiovisual works (video lessons, video broadcasts), lectures, Course programs, checklists, document templates, cheat sheets, instructions, tables, presentations and other materials, the list of which is contained in the program of consultations, design of the lending (one-page advertising site), design of presentations, texts, video and photos of the Contractor's sites and accounts and other legally protected results of intellectual activity and means of individualization, provided by the Contractor to the Customer in the process of the Services.
9.2 Photographing, audio and/or video recording of consultations is possible only with the permission of the Contractor. The use of the results of intellectual activity without the written consent of the Contractor is a violation of the Contractor's exclusive rights, which entails civil, administrative and other liability.
9.3 The Customer and/or the Client has no right to copy audio and video materials of the Executor's consultations in full or in part, to record the broadcasts of consultations, as well as to record the content of such consultations in full or in part in any way and/or on any material medium, as well as to use their content without the written consent of the Executor, which will be considered a violation of the Executor's exclusive right and entails civil, administrative and criminal liability.
10. OTHER CONDITIONS
10.1 The Customer's application form, which is filled out on the Website when registering the Contractor, is an integral part of this Offer.
10.2 After Acceptance of this Offer, all previous written and oral agreements, correspondence, negotiations between the Parties, related to the provision of services by the Contractor, provided by this Offer, shall be null and void.
10.3 In everything else, which is not provided by the terms of this Offer, the Parties will be guided by the current legislation.
10.4 The Customer confirms that before the conclusion of the Agreement (acceptance of this Offer) has received from the Contractor all complete information about the terms, procedure and other conditions of services and that all the terms of this Offer are clear to him, and he accepts them unconditionally and in full.
10.5 The Parties acknowledge that all notices, messages, agreements, documents and letters sent using authorized e-mail addresses and electronic messengers integrated with the Customer's phone number, specified by him when registering on the Website, are considered to be sent and signed by the Parties, unless such letters do not expressly state otherwise.
10.6 Authorized e-mail addresses of the Parties are recognized as:
-for the Contractor
diva@iksschool.ru-for the Customer: the e-mail address specified by the Customer when registering on the Website.
10.7.The Parties have established that screenshots of correspondence by e-mail or in SMS or messenger messages, made to the details specified in this Offer, in fulfillment of its terms, are sufficient and admissible evidence to confirm the information.
11. DETAILS OF THE EXECUTOR:
DIVA SCHOOL LLP
OC455632
Legal (postal) address: Stoney Works, 8 Stoney Lane, London, United Kingdom, SE19 3BD
Email: diva@iksschool.ru
Appendix №1
DIVA anti Edema: 59 euros
Say goodbye to swelling on face and body
- Morning 5-minute facial and posture exercises
- 12 lessons for face, posture, figure
- 4 lessons on lymphatic drainage taping of face and neck areas
- Mentor answers to questions on the learning platform
- Access for 21 days
+
- Intraoral Massage Video Lesson
- Lesson “Morning ritual of facial skin care”
- Aponeurosis Workout” Video Complex
Cost of participation
59 euros
Appendix №. 2
DIVAbody: 53 euros
Marathon for beautiful posture
- 21 days of the program
- Access - 1 month
- Video lessons in your personal account
- Mentor support
- fire complex on abs
- lymphatic drainage on Sundays
Appendix №3
DIVAface: 48 euros
- 3 weeks of lessons
- Access to basic program lessons - 1 month
- Mentor support
- Video lessons in your personal account
- 18 training sessions from 10 to 35 minutes
- swelling treatment
- taping of all areas of the face
BONUSES
Swelling complex
Do it every morning if you have swelling and lymph stagnation
Taping of all areas of the face
Helps to get rid of “night creases” and expression lines
Appendix №4
Workshop Flat Belly: 11 euros
Say no to endless twisting
Recording of the workshop
“Flat Belly.”
Appendix №5
DIVA Intensive: 62 euros
“Against interbrow, forehead wrinkles and droopy eyelids
- 3 weeks of training
- workouts for a straight and beautiful posture
- facial training (working on all levels of the face)
- aponeurosis workout
- work with diaphragm and swelling
- anti-wrinkle taping for forehead and interbrow wrinkles
Access to materials: 1 month after program completion