Public Offer Agreement
Terms and Definitions
1. General provisions
2. Subject of the Public Offer Agreement
3. Rights and obligations of the Parties
4. Price and payment information
5. Special terms and conditions
6. Refund terms and methods
7. Final provisions
8. Contractor’s details
Terms and Definitions
For the purposes of this public offer agreement terms mentioned below shall have the following meanings:
“Offer” — shall mean this public agreement for the provision of information services.
“Website” — shall mean the website on the Internet https://student.lima.monster used by the Contractor on the right of ownership.
“Information and data processing services” shall mean Contractor’s services for granting limited access to the website to the Customer under the terms and conditions of the Offer for information services of the Contractor for the provision of E-learning courses on a fee-paying basis posted on the website or for the provision of information and advice services of any form. The form and necessity of the provision of related information services shall be defined solely by the Contractor.
“Contractor” shall mean a private entrepreneur Dmitry Buko who provides information and data processing services to the Customer under the terms and conditions of this Offer.
“Customer” shall mean a body that has accepted an Offer hereunder.
“Agreement for the provision of information and data processing services” (hereinafter referred to as the “Agreement”) shall mean the agreement for the provision of information and data processing services between the Customer and the Contractor entered into by the acceptance of this Offer.
1. General provisions
1.1. This document shall be the public offer of the private entrepreneur Dmitry Buko hereinafter referred to as the “Contractor” and shall contain all the essential terms and conditions of the Agreement for the provision of information and data processing services.
1.2. A body accepting this public offer shall acquire all the rights and obligations of the Customerstipulated by this Agreement.
1.3. An acceptance of this public offer shall be the making of payment for information and advice services by the Customer under the terms and conditions hereof.This Agreement shall be deemed to have been executed between the Customer and the Contractor upon the receipt of money into the settlement account of the Contractor in payment for services provided.
1.4. The Public Offer Agreement can be cancelled any time.
2. Subject of the Public Offer Agreement
2.1. The subject of this Offer shall be the provision of fee-based information and date processing services to the Customer in the sphere of acquiring skills in confectionery arts within the course programme on confectionery arts chosen by the Customer.
2.2. The provision of services shall be performed by posting educational materials and assignments by the Contractor for the Customer in the closed section on the website http://lima.monster/ aimed at acquiring skills in confectionery arts according to the schedule set out by the Contractor, by posting written and oral answers to the Customer’s questions, and by other information support of the Customer while taking educational course programme.
2.3. The Contractor shall have a right to implement changes unilaterally to the contents of materials and terms and conditions of this public offer any time without prior consent of the Customer providing the publication of the amended terms and conditions on the website http://lima.monster/ no later than 1 (one) day prior to their date of entry into force.
2.4. Up-to-date public offer agreement shall always be available at the following URL https://student.lima.monster/offer/
3. Rights and obligations of the Parties
3.1. The Contractor shall:
3.1.1. grant personal access to the educational materials on the website http://lima.monster to the Customer and create conditions for receiving information and advice services by the Customer, inform the Customer of course programme;
3.1.2. save confidential information provided by the Customer during rendering of information and advice services under this agreement;
3.1.3. comply with the requirements of the legislation relating to the processing, transmission and security of personal data of the Customer.
3.2. The Contractor shall have the right:
3.2.1. to implement changes unilaterally to the schedule of posting of educational materials and assignments for the Customer and of carrying out consultations;
3.2.2. to refuse service to the Customer due to the provision of unreliable information to the Contractor, and to the Customer who violates article 5.2. of this agreement;
3.2.3. to refuse service to the Customer in the event of a second breach by the Customer of the aims and methods of the fulfilment of the assignment of the Contractor;
3.2.4. to engage third parties for the provision of services hereunder; The Contractor shall take full responsibility for the actions of third parties during rendering of services;
3.2.5. to refuse service under the Agreement to the Customer prior to the commencement of the provision of services under the Agreement without giving the reason provided that full refund is made to the Customer by the Contractor;
3.2.6. to refuse service to the Customer during rendering of services hereunder without giving the reason at any time;
3.2.7. to return money to the Customer paid the Contractor by the Customer less the price of services actually rendered in case of discontinuation of the provision of services under the Agreement according to article 3.2.6. of this Agreement.
3.3. The Customer shall:
3.3.1. adhere to an established schedule, aims and methods of the fulfilment of the assignments of the Contractor, comply with recommendations and requirements of the Contractor within the provision of services under this Agreement and after choosing the service, accepting this public offer and full payment of information and data processing services;
3.3.3. provide the Contractor with up-to-date information for sending information materials to the Customer, and for urgent communication with the Customer within the provision of services under this Agreement;
3.3.3. not record, copy, distribute or transmit materials provided to the Customer by the Contractor to third parties during rendering of services under this Agreement.
3.4. The Customer shall have the right:
3.4.1. to repudiate this agreement subject to full payment of actually rendered services to the Contractor by the time of repudiation;
3.4.2. to address the Contractor with a written request for time extension of the provision of paid services under this agreement with the attached documents confirming the inability to receive services: proof of hospitalisation, proof of disaster, and other events making the Customer impossible to receive services stipulated by this agreement. Above mentioned request shall be considered by the Contractor subject to its application by no more than 7 (seven) days as of the date of commencement of the provision of services according to the schedule of the current month.
4. Price and payment information
4.1. The price of information and advice services under this agreement shall be indicated on the website of the Contractor at the following URL: https://student.lima.monster/. The prices of different educational courses shall vary. The price for each course shall be indicated at the corresponding web page of the course on the website https://student.lima.monster/pricing.
4.2. The payment of the chosen service shall be made by the Customer with a bank card with the help of payment service provider Assist. The online payment shall be made right after placing the order.
4.3. Information and data processing services shall be considered of good quality and to be provided on time if no complaint are made after termination of the services rendered.
5. Special terms and conditions
5.1. The Contractor shall have the right to limit access of the Customer to the website for receiving information and data processing services without refund in the event of a breach of the terms and conditions of information and advice services under this agreement.
5.2. Services stipulated by this agreement shall be provided by the Contractor directly to the Customer. The Customer shall be forbidden to transmit the details of access to the website for receiving information and data processing services to third parties, as well as to receive services together with third parties without special permission of the Contractor.
5.3. The Customer shall be forbidden to distribute (publish, post on websites, copy, transmit or resell to third parties) for commercial or non-commercial purposes provided by the Contractor to the Customer information and materials received within this agreement, to create on its base information products, and to use this information for any other purposes except for personal use.
5.4. The Contractor shall not take responsibility for inability of the provision of services to the Customer for reasons beyond the control of the Contractor such as Internet connection problems, equipment irregularities or software problems of the Customer.
6. Refund policy
6.1. The Customer shall have the right for refund of money paid to the Contractor as an advance payment for the receipt of services under this agreement in the event of not provision of services hereunder.
The refund shall be made only after the completion of the course by the Customer, namely, in the event of completion of 100% of assignments of the Contractor and 100% of consultations with the supervisor.
6.2. The refund shall be made only if the Customer has met all the requirements and terms and conditions of the Contractor for receiving of services and hasn’t achieved the expected result.
6.3. The Contractor shall reserve the right to decline a request of the Customer for refund.
6.4. The application of the Customer shall be considered by the Contractor within 10 (ten) working days as of the date of the receipt of the refund request from the Customer per e-mail address of the Contractor – d@lima.im
Refund shall be made only after the completion of the course by the Customer.
6.5. The Contractor shall reserve the right to implement changes in the terms and conditions of the agreement concerning refund terms and conditions at his/her own discretion.
6.6. Refund terms and methods
6.6.1. Money shall usually be refunded to the card you paid with within 30 (thirty) days depending on the card company involved.
7. Final provisions
7.1. This Agreement shall enter into force on the date of acceptance thereof by the Customer under paragraph 1.3 of this Agreement and shall remain valid until the Parties have fully fulfilled their obligations.
7.2. All disputes and disagreements between the Parties shall be settled through negotiation or by litigation in accordance with the current legislation of the Republic of Poland.
8. Contractor’s details
The website and application are designed and distributed by Dmitry Buko / Lililoveme (imprint LIMA), VAT PL5213859996 Poland, 02-662 Warsaw, ul. Świeradowska 47
Revision of 18 November, 2020, Warsaw