TORI Limited Liability Company hereby, in accordance with the procedure stipulated in par. Article 437, paragraph 2 of the Civil Code of the Russian Federation, invites the general public to conclude an agreement for training services for the courses presented on www.en.vtpermanent.ru, under the conditions set forth below (public offer).
Customer payment of any course or other training product, or making a deposit – testifies to the full and unconditional acceptance of this offer (p. 1, 3, Art. 438 of the Civil Code), and the fact of Parties to the Agreement on the terms of this offer (paragraph 1 of Art. 433 of the Civil Code).
In this case the proper execution of the terms of the concluded Agreement is an obligation of both Parties (Article 309 of the Civil Code).
Terms and definitions:
Contractor – TORI Ltd.
Address: 197198, St. Petersburg, Bolshoy prospekt P.S, No. 22-24, Letter A, premise 14N, office 1; BSRN 1037811048065; TIN 7805164371, RSC 781301001; Account 40702810214000033977; Bank Account 30101810500000000705 ; in North-West Department of Bank of Russia, St.Petersburg in PJSC Baltinvestbank; BIC044030705 , INN 783 1001415, RCEO 53269073; Tel. +7-921-941-46-73; LICENCE #3073
Customer – any natural or legal person who has made payment for any Training Product (Course, Master Class) and has thereby accepted this offer.
Parties – a joint designation of the Provider and the Customer.
Agreement – an agreement on training services concluded between the Provider and the Customer in the manner of the Provider’s acceptance of this offer.
Website – an Internet resource available at: www.en.vtpermanent.ruThe resource belongs to the Provider and contains all the necessary information about the Educational products presented and the conditions of their use. The term ‘Website’ shall be understood to mean any pages available on the said resource. Course – is a set of teaching materials (recorded lectures, tutorials and master classes as well as other materials) associated with a common theme.
A module- is a set of learning materials devoted to individual topics. It is the building block of a Course.
A learning product – is a general term referring to a Course, Module, or any other set of learning materials prepared by a Provider.
1. Subject matter of the agreement
1.1 Provider undertakes to provide educational services by providing Customer with access to Courses, separate Modules or other Educational products published on the Website, including provision of remote consultations to Customer when Customer implements the Educational product himself, and Customer undertakes to accept and pay for the services provided by Provider in accordance with the terms and conditions determined in this Agreement and indicated on the Website.
1.2 The Contractor reserves the right to amend the text of this Agreement by notifying the Customer by publishing a new version of the Agreement on the Website at www.en.vtpermanent.ru/offerta. The Customer shall be obliged to regularly monitor the amendments made to this Agreement. If the Customer does not agree with the new version of the Agreement, the Customer shall immediately stop using the Website in order to purchase the Services. If the Customer pays for the Services on the Website after the new version of the Agreement has entered into force, the Customer confirms their consent to the current terms and conditions of this Agreement (the amendments that have entered into force).
1.3 Provision of access (links) to Study Products by the Contractor to the Customer shall be made by sending an e-mail to the Customer stating – The address of the web-site where the corresponding Training Materials are available; – The address of the authorization page where the Client undertakes to register independently, specifying the authorization name (login) and personal access key (password). Any click on an individual link shall be deemed to have been made by the Customer or a third party on behalf of and with the consent of the Customer. Customer bears the risk of the use of the personal link by third parties without Customer’s consent.
1.4 Other obligations are not included in the scope of this agreement and can only be fulfilled by additional agreements or by separate, independent transactions.
1.5. This Agreement, containing all essential terms and conditions, is a Public Offer with an offer of the Contractor to conclude an Agreement with any legally capable person on the conditions specified in its text. The acceptance of the Offer is carried out by the Client by choosing a training program, ticking the appropriate box and paying for the service by pressing the “Pay” button which means the action directly aimed at the conclusion of the Contract with the Contractor as well as completing all payment forms and doing all other actions necessary to transfer the payment for the services to the Contractor. By pressing this button the Client confirms that they have read and unconditionally agreed to the terms and conditions of the Agreement. The Agreement shall be deemed to have been concluded upon receipt of payment for the Client’s chosen training programme to the Provider’s account.
2. Price of services and payment arrangements
2.1 The price of the provision of services for each of the Training Products is set out on the Website. Payment under the Agreement may be made by transfer of funds by the Customer to the Provider’s current account specified in the list of possible payment options. 2.2 Payment by the Customer for services in respect of any of the presented training products, or payment of a deposit shall be evidence of acceptance of the offer and conclusion of this Agreement by the Parties.
2.3 The Contractor shall be entitled to set any price for the provision of services in respect of any Learning Product at any time prior to the Client’s acceptance. Once acceptance has been made (in any form) – the price of the Study Product chosen by the Customer shall be fixed as part of the Customer’s transaction.
2.4 Payment for any Educational Product shall be made in the form of an advance payment of 100% of the price of the relevant Educational Product. 2.5 The Contractor has the right to additionally announce the possibility of fixing the declared price by paying a deposit (art. 380 of the Civil Code of the Russian Federation). Such an announcement may be made as part of public webinars or other online events, or by publishing relevant information on the Website.
2.6 In the case of a deposit, the Customer shall fix the stated price for the provision of services in respect of the selected Study Product. In such a case, the Provider undertakes to provide the Client with access to the relevant Study Product at the fixed price. The Provider has no right to increase the price of the service for a Study Product for which a deposit has been paid. The payment of the deposit shall also constitute acceptance of the offer and shall be evidence of the conclusion of this Agreement.
2.7. The Customer undertakes to pay for the services of the respective Study Product in full at the fixed price in the amount of 100% by the date of access to the Study Product.
2.8 The Customer has the right to pay for the services under the Agreement in the following ways:
By bank card Visa, MasterCard or Mir.
After confirming the selected product, a secure window will open with the ArsenalPay payment service provider page, where you have to enter your bank card details. For additional cardholder authentication the 3D Secure protocol is used. If your bank supports this technology, you will be redirected to its server for additional authentication. Please contact your card issuing bank for information on the rules and methods of additional identification.
Online payment security guarantees
ArsenalPay processing centre protects and processes your bank card data according to the highest international security standard – Payment Card Industry Data Security Standard 3.2 level 1 (PCI DSS for short). This standard was developed by Visa and MasterCard. Every year, certified auditors verify that the processing centre meets all requirements and then issue a certificate.
Information is transmitted to the payment gateway using TLS encryption technology. Further transmission of information takes place over closed banking networks, which have the highest level of security. ArsenalPay does not share your card details with us or other third parties. 3D Secure protocol is used for additional cardholder authentication. The personal information you provide (name, address, phone number, email, credit card number) is confidential and will not be disclosed. Your credit card details are only transmitted in encrypted form and are not stored on our server.
If you have any questions about a payment you have made, you can contact customer service by emailing pay@arsenalpay.ru.
2.8.1 By purchasing the Study Product. 2.8.2 The Contractor shall be entitled to run promotions and special offers of limited duration and to offer by posting on the Website other payment options for the Services.
3. Due date
3.1 The Contractor undertakes to provide the services (i.e. provide access to the Study Product) within one (1) working day from the date of receipt of payment in the manner prescribed in clause 2.4 of this Agreement.
3.2 The Customer shall have the right to withdraw from this Agreement prior to the transfer of the access details (clause 1.3) of the paid Training Product to the Customer. In this case, the Contractor shall be obliged to refund the service fee received from the Customer, less a 10% deduction. This deduction shall be deducted to compensate the Provider for the costs incurred for the payment of tax as well as the fee for online payments.
3.3 The Contractor shall have the right to refuse to provide the Customer with access to the Learning Product without giving any reasons. In this case the Provider shall refund the service fee (clause 2.4) in full within three (3) working days from the date of such refusal. The funds may be refunded by the Provider to the Customer strictly to the card from which the payment was made.
4. How the service is provided and how the service is received
4.1 The Customer shall select a suitable Study Product (Course, Module or other) on the Website and then make payment for the services related to the selected Study Product (clause 2.4) or pay a deposit (clause 2.5). The Customer shall not have the right to give any instructions to the Provider, including with respect to the manner in which the Training Product shall be delivered.
4.2 Upon payment of the fee or deposit, the Client shall inform the Contractor of the following required details by filling in the registration form on the website: – NAME; – E-mail address; – Phone number;
4.3 If the Customer has paid the full amount of the training product (p. 2.4), the Provider undertakes, within the term specified in clause 3.1 of the Agreement, to provide the Customer with details of access to the paid training product by sending an e-mail to the address indicated by the Provider in the registration form on the Site (clause 4.2).
4.4 If the Customer has paid a deposit (clause 2.5), the Contractor undertakes to deliver the details of access to the Study Product to the Customer within the period specified in clause 3.1 of this Agreement, after the Customer has paid for the services in full (clause 2.8).
4.5 The letter containing the details of access to the Training Product, as well as any other letters sent by the Parties to each other under this Agreement shall be deemed received by the addressee on the day of their sending.
4.6 The obligations of the Provider under this Agreement in respect of the paid Training Product shall be fulfilled in full and properly from the moment the Provider provides the Customer with the details of access to the Training Product.
4.7 The Customer shall verify the access to the paid training product as well as the quality of training materials within 1 (one) day from the day of providing access details. If no reasoned refusal to accept the services provided is received from the Customer within the said period, the services shall be deemed to have been accepted by the Customer in full.
4.8 Acceptable grounds for refusal to accept the services provided shall include – Lack of technical ability to access the Study Product for more than 2 hours. – Absence of the paid Training Product. – Complete discrepancy between the Study Product and the description provided on the Site. Other grounds for refusal to accept the provided services (including short-term inactivity of the server hosting the study materials) are inadmissible.
4.9. In the case of receipt of a justified refusal to accept services within the term specified in clause 4.6, the Contractor is obliged, within three (3) working days, to eliminate the defects in the provided services, after which the Customer will be sent the details of access to the Study Product once again.
4.10. If a webinar, including part of a webinar, is missed for reasons beyond the Contractor’s control, the Customer shall not be entitled to request that the webinar be repeated or that the information contained in the webinar be communicated to him in another form.
4.11. If the Customer misses a webinar for reasons beyond the control of the Contractor, the cost of the webinar will not be refunded to the Customer.
4.12. If the Customer cancels the services before the time when the services are deemed to have been rendered, the refund of the cost of the paid training services shall be made upon the Customer’s written application.
4.13. The Contractor shall not provide recordings of the Training Product and shall not be liable for recordings of the Training Product or a fragment of an information course provided by third parties of the Customer, unless the provision of such recordings and/or fragments is provided by the programme of the relevant training course.
4.14. Services under this Agreement shall be deemed to have been actually accepted in full from the moment the Customer receives the individual training reference. The Client shall not be entitled to claim that the services have not been rendered because the Client cannot access the training via an individual link if the Client has technical problems opening the link on a device (personal computer or other device) as well as in any other case of inability to access training for reasons not directly attributable to the Provider.
5.2. Rights and obligations of the parties:
5.1.1 Provide the services under this Agreement in full and in a proper manner.
5.1.2 Advise Customer on all matters arising in the course of Customer’s study of the Learning Products. The counselling shall be provided through open online webinars conducted by the Provider no more than once or twice a week.
5.1.3 To commence the provision of services immediately after the full cost of the Study Product chosen by the Client has been credited to the Provider’s account and the Client has registered on the Website. Executor has a right to postpone the beginning of rendering services for an indefinite period of time in case the Customer has not fulfilled or fulfilled his obligations under the Agreement improperly. 5.1.4. Perform other obligations under this Agreement and applicable law.
5.2.1. without prior agreement with the Customer, to provide services by engaging third parties, as well as to independently determine the ways and methods of providing services under this Agreement.
5.2.2 to terminate Customer’s access to the Training Product in the event of a gross breach by Customer of his obligations under this Agreement. 5.2.3 The Provider shall have the right to suspend training in the event of inappropriate behaviour of the Customer that interferes with the training. The cost of the service during which the training has been suspended shall not be reimbursed to the Customer. Such suspension of training shall be motivated by the Provider. The reasons for the suspension shall be communicated to the Client in a comprehensible manner.
5.2.4 In the event of a gross breach of this Agreement by the Customer, the Contractor shall have the right to refuse to provide the Services to the Customer or terminate the provision of the Services to the Customer without refund of the money previously paid by the Customer.
5.2.5 To require the Customer to comply with the settings and recommendations contained in the Training Product.
5.2.6. Subject to full anonymity of the Customer and subject to the Customer’s consent, the Executor shall have the right to post publicly available photo materials describing the effectiveness of the Customer’s implementation of the Training Product. 5.2.7. Modify the Educational Product. The content of the Educational Product shall be determined by the Contractor at its discretion. 5.2.8. Limit the number of views of the Educational Product.
5.3. The client is obliged to:
5.3.1 Discipline in the use of training products. To avoid aggressive behaviour during rendering services, not to disturb the representative of the Executor or other Customers during rendering/receiving Services, not to make statements (verbal, written) not related to a seminar, course, master class etc;
5.3.2. Not to use swear words within the scope of social activity at the Website and other Executor’s Internet resources.
5.3.3. To inform the Provider immediately in writing about any changes of personal data or circumstances that may affect the performance of mutual obligations under this Agreement.
5.3.4. Provide true and complete information to the Executor by filling out the form on the website.
5.3.5. To carry out the instructions and recommendations contained in the Training Product with the utmost responsibility and diligence. 5.3.6 Not to infringe the Contractor’s intellectual property rights to the Contractor’s intellectual property.
5.3.7. Not to disseminate any advertising information to the Contractor, persons authorized by the Contractor, other Customers. 5.3.8. Observe all terms and conditions of this Agreement, timely pay for the services provided by this Agreement, additional services according to the valid price list.
5.3.9. not to use the materials provided by the Contractor for the purpose of making a profit by their duplication and multiple reproduction (publications in press and other editions, public performances etc.) and other ways;
5.3.10. not to distribute in any manner, including third parties, not to copy, save, post, publish in publicly available, closed, open sources for any range of persons (including for personal use) information, materials, manuals, records, videos, etc., provided by Contractor. Training product and other services provided by the Contractor;
5.3.11. not to use abusive language, not to use expressions in communication that may offend the Provider’s representative or other Customers; 5.3.12. not to disseminate advertisements and not to offer third-party services, own services or services of third persons.
5.3.13. perform other obligations prescribed by this Agreement and the applicable law.
5.4.The client has the right to:
5.4.1 demand timely and proper provision of services from the Provider in accordance with the terms and conditions of this Agreement. 5.4.2 To receive, if necessary and in the manner prescribed in the Agreement, advice on issues related to the Training Product.
6. Exclusive right to Educational Products
6.1 The Service Delivery Method is protected by the copyright of the Provider in accordance with the laws of the Russian Federation and the Client is prohibited from any dissemination thereof for any purpose whatsoever. The copyright in full, including the exclusive right in relation to all Learning Products presented on the Website – belongs to the Provider in full. Infringement of the said rights shall entail liability in accordance with the current legislation of the Russian Federation. All results of intellectual activity of Provider presented to Client in the course of providing training services under this Agreement can be used by Client exclusively for personal purposes. The Client is not entitled to use such results in any other way, including transferring them to other persons or organisations.
6.2 By providing the Customer with access to any Training Product, the Contractor also grants the Customer the right to use the Training Product only for independent study of the materials of the Training Product. This right is granted to the Customer under the terms of a simple (non-exclusive) license (clause 1(1) of Article 1236 of the Civil Code of the Russian Federation).
6.3 Payment for the provision of a simple (non-exclusive) licence is included in the total price of services (clause 2.1).
6.4 The Customer shall not be entitled to use any materials of Educational Products by any other means, including (but not limited to) copying, duplicating, publishing in any form, transferring to third parties, or by any other means.
6.5 Violation of the terms and conditions of the Licence by the Customer is a gross violation of his obligations, as a consequence of which the Contractor has the right to terminate the Customer’s access to the Study Product (clause 5.2.2), as well as to bring the Customer to civil liability under the applicable law (Article 1301 of the Civil Code).
6.5 The Parties agree to keep the terms and conditions of this Agreement and all information received by one Party from the other confidential.
6.6. The Provider is the sole and full owner of the intellectual rights to the content of the Study Product and has the exclusive right to use the content of the Study Product and parts thereof in any form and by any means, including reproduction and distribution, public performance, broadcasting, cable, other similar means of public communication, processing and translation into other languages, duplication and subtitling of the content of the Study Product, including the Internet.
6.7 In case the Customer uses any results of the intellectual activity of the Contractor for its own purposes, the Customer undertakes to pay a fine of 1 000 000 (One million) rubles to the right holder, as well as to compensate any losses incurred due to such use. The amount of losses and the procedure of compensation are indicated by the rights holder in the relevant claim, sent to the Customer by email, indicated when ordering the Service on the Site.
6.8 Customer may not use the content of the Learning Product for transmission to third parties without the written consent of the Provider.
6.9. Any use of the results of intellectual activity of the Contractor, if such use is carried out outside the Contractor’s consent, is illegal and entails the responsibility established by this Agreement and the current legislation. Use is the copying of the result of intellectual activity, distribution of the result of intellectual activity, including posting on the Internet, public display of the result or performance of intellectual activity, communication of the result of intellectual activity to the public by radio or television, as well as communication by cable.
6.10. The Contractor is the sole and full owner of the intellectual rights to the commercial designation, trade names and other intellectual property used by it for its own individualisation when providing services under this Agreement.
6.11. All the rights mentioned in this section of the Agreement belong to the Contractor during the term of validity of the corresponding rights to the results of intellectual activity.
6.12. Should the Customer breach the provisions of the Agreement provided by this section, the Contractor has the right to unilaterally terminate the Agreement without returning the money paid to the Customer and without sending a corresponding notice.
7. Responsibility of the Parties
7.1. The Parties shall be civilly liable under the applicable laws of the Russian Federation and this Agreement.
7.2. For violation of its obligations under this Agreement, the Party at fault shall, upon written request of the other Party, pay a penalty of 0.01% of the price of the breached obligation for each day of delay, but not more than 5% in total.
8. Dispute resolution and other conditions
8.1 Any disputes and disagreements in the performance of obligations hereunder shall be resolved by the Parties by sending a reasoned and motivated claim. The term of answer to the received claim – no more than 10 (ten) working days.
8.2 In the event of failure to settle the dispute by negotiation, the Parties have agreed to refer the dispute to a court, in accordance with the current laws of the Russian Federation.
8.3 Each Party shall bear the risk of non-receipt of correspondence and other legally significant messages to the declared e-mail addresses and other addresses. Any communication shall also be deemed delivered if it is received by the addressee, but due to circumstances attributable to the addressee, has not been delivered to him or the addressee has not become acquainted with it.
8.4 This contract is concluded by accepting the public offer, expressed in the production of a fee or the payment of a deposit.
8.5 Any changes and additions to this agreement are only possible by mutual agreement of the Parties and shall be executed in the form of a supplementary agreement to the agreement.
8.6. Issues not regulated by this agreement shall be regulated by the current legislation of Russia.
8.7. The Parties acknowledge the legal validity of electronic correspondence by email. The Parties confirm that the information from electronic correspondence between them – forms a full-fledged evidentiary basis when resolving disputes.
9. Processing of personal data and confidentiality
We may collect the following personal data:
information about the purchase of products and services, including registration and payment details, Website, device and mobile application usage data and other similar data collected automatically, such as cookies or similar technologies.
We may use your personal data for:
processing your payment transactions prevent and protect against fraud and other legal and information security risks provide you with personalised services and advice
9.1 When processing the Client’s personal data, the Contractor undertakes to take all measures stipulated by the current legislation of the Russian Federation to protect it from unauthorised access.
9.2 Processing policy of the personal data of the Contractor shall comply with the requirements of Part 2 of Article 18.1 of the Federal Law № 152-FZ of July 27, 2006 “On Personal Data”.
9.3 In the course of execution of this agreement personal data of the Client may become available to other persons (participants of the webinar). The Customer hereby agrees that he will not make any claims against the Contractor in this regard (gives his consent to the processing and distribution of personal data).
9.4 The Customer hereby confirms his consent to receive information, including advertisements, from the Contractor at the telephone number and e-mail address provided.
10. Force majeure
10.1 The Parties shall be released from liability for partial or full default of obligations under this Agreement, if this default is a result of force majeure circumstances which occurred after the conclusion of this Agreement and which the Parties could not foresee or prevent.
10.2 Upon the occurrence of the circumstances specified in clause 10.1 hereof, each Party shall notify the other Party of them in writing without delay. The notification shall contain data about the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, giving an assessment of their impact on the possibility for the Party to fulfil its obligations under this Agreement.
10.3 If a Party fails to give or fails to give the notice provided for in Clause
10.2 of this Agreement in a timely manner, it shall be obliged to compensate the other Party for the losses it has incurred.
10.4. In case of occurrence of the circumstances specified in Clause
10.1 herein, the time for fulfilment of the Party’s obligations under this Agreement shall be shifted in proportion to the time during which these circumstances and their consequences are in effect.
10.5. If the circumstances listed in Clause
10.1 herein and their consequences continue to apply for more than 3 (three) months, the Parties shall hold additional negotiations in order to identify other acceptable ways of performing this Agreement.
11. Final provisions
11.1 Information provided by the Contractor in the course of providing services under this Agreement is of an informative nature only and does not constitute a directive to action. Contractor shall not be liable for any results achieved or not achieved by Client in connection with the practical application of the information provided by Client in the course of providing services under this contract, as well as for losses incurred by Client as a result of his own actions. Any actions based on the Provider’s recommendations shall be at the Client’s own discretion and risk.
11.2 All statements about earning or increasing profits or income as well as examples of earning (increasing) profits or income that may appear in the training programme are only speculative estimates of possible skill improvement and do not guarantee any actual improvement.
11.3 In order to provide the service hereunder, the contractor shall have the appropriate licence in force at the time the service is provided.
11.5 The parties agree that the agreement may be changed unilaterally by the Contractor by posting the updated text of the agreement on the Internet at https://vtpermanent.ru/. Should the Contractor amend the Agreement, such amendments shall take effect at the moment of posting the amended Agreement on the Internet at https://vtpermanent.ru/offerta/, unless the Contractor has determined a different effective date for the amendments at the time of such posting.
11.6 Provider provides consulting support for Customer’s independent study of the Study Product under this Agreement. The Contractor shall not provide any full-fledged educational services.
11.7 The Contractor shall not engage in the practice of medicine or any other medical practice under this Agreement.
11.8 The Contractor shall not be liable for any damage, injury or physical and/or moral harm suffered by the Customer while the Customer is studying the Training Product and applying the skills acquired.
11.8 The Contractor shall not be liable for the suitability of the information and recommendations contained in the Training Product for the Client’s specific physical condition.
11.9 The Contractor cannot guarantee the achievement of specific results by the Client undertaking the training. Any guidance and recommendations contained in the Training Product shall be at the Client’s own risk and shall be advisory in nature. 11.10. This Agreement constitutes the entire legal agreement between the Client on the one hand and the Provider on the other hand in relation to its subject matter and supersedes any previous agreements in relation to such subject matter.
11.11 In the event that any provision of this Contract is held by a court having jurisdiction to decide on such a matter to be invalid or inapplicable, such provision shall be deemed to be excluded from this Contract without prejudice to the other provisions, which shall remain in full force and effect.
11.12. The Contractor is entitled to transfer and assign its rights and obligations under this Agreement as well as delegate their realisation or performance to third parties without the consent of the Client.
11.13. The Customer is not entitled to transfer and assign his rights and obligations under this Agreement, as well as to delegate their realisation or performance to third parties without the consent of the Contractor.
11.14. This Agreement shall be governed by and construed in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Russian Federation.
11.15. According to the paragraph 2 of the article 437 of the Civil Code of the Russian Federation (further – Civil Code of the Russian Federation) this Agreement is a public offer and in case of acceptance of the conditions stated below and payment for the services of the Contractor a person who accepts this offer becomes a Customer in accordance with the paragraph 3 of article 438 of the Civil Code of the Russian Federation, acceptance of the offer is equal to concluding an agreement on the conditions stated in the offer.
11.16. By paying for the services, the Customer guarantees that he has read and accepted all the terms and conditions of the Agreement as they are stated in the text of this Agreement as well as familiarized with the cost of the Service specified on the Contractor’s website.
12. Address and details of the contractor
TORI LTD.
account 40702810214000033977
bank account 30101810500000000705
in the North-Western Department of the Bank of Russia in St.-Petersburg at PJSC Baltinvestbank
BIC 044030705 , TIN 783 1001415, RCEO 53269073