Earistotel.com site user agreement
The End User (you) hereby concludes a License Agreement with the Licensor to provide a non-exclusive right to use the Site under the terms of this License Agreement.
- 1. Terms and definitions
- 1.1. For the purposes of this Agreement, the terms listed below have the following meanings:
- 1.1.1. End User (you) - an individual who has entered into a License Agreement (offer acceptance) with the Licensor.
- 1.1.2. Licensor - Private institution of additional education "Educational Center "Aristotel". Legal address: 115114 Moscow, Paveletskiy proezd, 3rd building, 3 INN / KPP 7707017918/772501001, OGRN 1097799022408, Phone (495) 540-49-60
- 1.1.3. Website is an automated information system available on the Internet at the network address https://earistotel.com/.
- 1.1.4. License Agreement (Agreement) - the text of this document with all appendices, changes and additions to it, posted on the Licensor's website and available on the Internet
- 1.1.5. Conclusion of a License Agreement (acceptance of a public offer) - full and unconditional acceptance of the terms of this License Agreement by the End User by registering as an End User and / or authorizing on the Site in the prescribed manner and / or starting to use the Site in any other form.
- 1.1.6. Terms of use of the Site (hereinafter referred to as the "Rules") are an appendix to this License Agreement and determine the general conditions for granting the right to use the Site, as well as the established prohibitions and limitations of liability.
- 1.1.7. Personal Account - the End User's web page on the Site, accessible after authorization and containing statistical information on the volume of use of the rights received by the End User on the Site. In addition, on this page, a License Agreement can be concluded in terms of obtaining rights to use paid functionality, and special notifications of the Licensor sent to the End User are posted, if this is provided for by the Site Use Rules.
- 2. Subject of the Agreement
- 2.1. The licensor undertakes:
- а) provide the End User with the right to use the paid functionality of the Site;
- б) ensure the operation of the Site, provide technical support to End Users.
- 2.2. The end user undertakes to accept the granted right to use the Site on the specified conditions, and to pay the Licensor a fee, in the case of using the paid functionality of the Site and in other cases, if the fee is provided for by the terms of this Agreement.
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- 2.3. The name, composition and scope of the rights to use the Site provided to the End User and other essential terms of the Agreement are determined by the Rules
- 3. Rights and obligations of the Parties
- 3.1. The licensor undertakes:
- 3.1.1. If possible, notify the End User about changes in tariffs to pay for the granted right to use the paid functionality of the Site at least 10 (ten) calendar days before the introduction of new tariffs;
- 3.1.2. . Perform other obligations stipulated by the current applicable law, as well as by this License Agreement and the Rules.
- 3.2. The licensor has the right:
- 3.2.1. Terminate the License Agreement with the End User or suspend it in the event that the End User violates the requirements provided for in this License Agreement and the Rules, as well as in cases established by this Agreement and legislation;
- 3.2.2. Do not grant the right to use the paid functionality of the Site before paying for it;
- 3.2.3. Suspend the End User's access to the paid functionality of the Site in the event of a negative balance according to the readings of the equipment, taking into account the volume of the rights granted by the Licensor to use the paid functionality;
- 3.2.4. Restrict certain actions of the End User if such actions pose a threat to the normal functioning of the Site;
- 3.2.5. Perform scheduled maintenance work that may lead to interruptions in the operation of the Site, including paid functionality;
- 3.2.6. Unilaterally change the terms of this License Agreement and the Rules in the prescribed manner;
- 3.2.7. Refuse unilaterally from the execution of the Agreement in the manner prescribed by applicable law and / or this License Agreement;
- 3.2.8. Exercise other rights stipulated by applicable law, as well as by this License Agreement and the Rules.
- 3.3. The End User undertakes:
- 3.3.1. Observe the procedure for using the Site established by this Agreement and the Rules;
- 3.3.2. Perform other obligations stipulated by applicable law, as well as by this License Agreement and the Rules.
- 3.4. The End User is entitled to:
- 3.4.1. Use the paid functionality of the Site for distance learning;
- 3.4.2. Exercise other rights provided for by this License Agreement and the Rules.
- 4. Remuneration for granting rights and settlement procedure
- 4.1. The End User is granted the right to use the paid functionality of the Site on the terms of the paid functionality selected by the End User, depending on the name, composition, and scope of the rights granted.
- 4.2. Payment for the granted rights to use the paid functionality of the Site is made by the End User in the form of one-time payments.
- 4.3. Settlements under the Agreement are made by non-cash transfers to the Licensor's current account, payment through payment terminals or by the certificates of payment systems accepted by the Licensor, as well as in another way indicated on the Licensor's Website. In the event that the Licensor did not automatically receive information about the payment for the purchase of paid functionality, the User Support Service has the right to request confirmation in the form of a receipt of the payment system, using which the payment was made. The user is obliged to provide this receipt. Paid functionality will not be activated if the User does not provide the previously indicated confirmation.
- 4.4. Payment for the rights to use the paid functionality is carried out by the End User by making advance payments.
- 5. Refund policy
- 5.1. This section establishes the Licensor's policy for the return of funds for the acquired rights to use the paid functionality of the Site.
- 5.2. Refuses to exchange and return:
- 5.3. If paid functionality is received upon activation via a promo code (that is, free).
- 5.4. If the End User has studied the paid functionality (completed exercises, trainings, online intensives) by more than 10%.
- 6. Warranties and liability of the Licensor
- 6.1. The rights to use the Site and the paid functionality of the Site are provided on an "as is" basis, in connection with which the End User is not given any guarantees that the Site and the paid functionality of the Site will meet its ideas and requirements.
- 6.2. Since the Site and the paid functionality of the Site are at the stage of constant updating and addition with new functionality, the name and composition of the provided functions may change from time to time without prior notice to the End User. The Licensor has the right, at its sole discretion, to terminate (temporarily or permanently) the operation of any individual functions of the Site and the paid functionality of the Site without prior notice to a specific End User.
- 6.3. The licensor is not responsible for interruptions in the operation of the Site and the paid functionality of the Site in the event of software failures or the operation of equipment of third parties (Internet providers and others).
- 6.4. The Licensor is not responsible to the End User for the suspension of the Site and the paid functionality of the Site on the basis of the request of the competent state body.
- 6.5. The Licensor is not responsible for interruptions in the access and use of the Site and the paid functionality of the Site associated with the replacement of equipment, software or other work caused by the need to maintain the operability and development of the Licensor's technical means.
- 6.6. The licensor is not responsible for the functioning and availability of individual segments of the communication network. The licensor does not guarantee the possibility of information exchange with those nodes or servers that are temporarily or permanently inaccessible through the communication network.
- 6.7. The Licensor is not responsible for ensuring the safety of the equipment and software of the End User used to work with the Site and the paid functionality of the Site.
- 6.8. The Licensor is not responsible for the actions of the End User in connection with the use of the Site and the paid functionality of the Site. Licensor's liability is explicitly limited in accordance with the terms of the Site Use Rules, binding on the Parties.
- 6.9. The aggregate liability of the Licensor under the Agreement is in any case limited to the documented damage caused to the End User in an amount not exceeding the value of the granted rights paid for the billing period in which such damage was caused.
- 7. End User Responsibility
- 7.1. The End User is responsible for violation of his obligations under the Agreement in accordance with applicable law, the terms of the Agreement and the Rules.
- 7.2. In case of violation by the End User of the requirements established by applicable law, the Agreement and the Rules, the Licensor has the right to unilaterally suspend the provision of access to the Site and the paid functionality of the Site until the violations committed by the End User are completely eliminated. The resumption of the provision of access to the Site and the paid functionality of the Site is carried out by the Licensor within 5 (Five) business days from the date the End User eliminates the violations.
- 7.3. In the event of rude, unacceptable behavior of the End User on the Site, violation of the terms of this Agreement and the Rules, the Licensor has the right to unilaterally block the End User access to the Site and the paid functionality of the Site, while the money paid by the End User for using the paid functionality of the Site will not be returned.
- 8. Modification and termination of the License Agreement
- 8.1. The Licensor reserves the right to amend the terms of the Agreement and / or withdraw the Agreement at any time at its discretion. Information about the change or withdrawal of the Agreement is communicated to the End User at the choice of the Licensor by posting information on the Site, or by sending a corresponding notification to the email address specified by the End User at the conclusion of the Agreement or during its execution.
- 8.2. In case of revocation of the Agreement or amendments to the Agreement, the latter shall enter into force from the moment the information is brought to the End User, unless another date of their entry into force is determined by the Agreement or additionally upon such notification.
- 8.3. The Rules are approved, supplemented and changed by the Licensor at its own discretion and brought to the attention of the End User in the manner prescribed for notifying the End User of the change in the Agreement.
- 9. Final conditions
- 9.1. The agreement, its conclusion and execution are governed by the current legislation of the Russian Federation.
- 9.2. Disputes under the Agreement are resolved in the preliminary claim procedure. If the Parties fail to reach agreement, the disputes shall be considered in court at the location of the Licensor.
- 9.3. Any notifications under the Agreement, unless otherwise provided by the Agreement, may be sent by one Party to the other Party: 1) by e-mail 2) sending an electronic message to the End User in the Personal Account; 3) by mail with acknowledgment of receipt or by courier service with confirmation of delivery.
- 9.4. In the event that one or more provisions of the Agreement are for any reason invalid and unenforceable, such invalidity does not affect the validity of any other provision of the Agreement, which remain in force.
- 9.5. Without conflicting with the terms of the Agreement, the Parties have the right at any time to execute the concluded Agreement in the form of a bilateral document signed by both Parties.
- 9.6. In the event of the introduction of temporary restrictive measures to combat the spread of a new coronavirus infection (COVID-2019), to prevent, localize and eliminate the reasons contributing to its spread, the Licensor provides the End User with educational services using distance learning technologies, in accordance with the Procedure for the implementation of educational programs with using e-learning and distance technologies approved by the Licensor.
- 9.6.1 The cost of classes and the procedure for paying for services in the event of the introduction of restrictive measures are determined by the contract and remain unchanged.
- 9.6.2 The schedule and duration of classes during the period specified in clause 9.4. Remains unchanged.
Site Terms of Use
- 1. General Provisions
- 1.1. This document defines the conditions and restrictions on the use of the Site.
- 1.2. These Rules are an integral part of the License Agreement (public offer) (hereinafter referred to as the "Agreement") posted on the Internet at earistotel.com
- 1.3. The terms and definitions used in these Rules are used in the meaning determined in accordance with the text of the Agreement.
- 2. By using the site, you agree that:
- 2.1. You have read the terms of these Rules and the Agreement in full before using the Site.
- 2.2. The beginning of your use of the Site in any form means that you accept all the terms of these Rules and the Agreement in full without any exceptions and restrictions on your part. The use of the Site on other terms is not allowed.
- 2.3. If you do not agree with the terms of these Rules or the Agreement or do not have the right to conclude an Agreement on their basis, you should immediately stop any use of the Site.
- 2.4. The Rules are approved, supplemented and changed by the Licensor at its own discretion and brought to the attention of the End User in the manner prescribed for notifying the End User of the change in the Agreement.
- 3. General terms of use of the Site:
- 3.1. The use of the functionality of the Site within the framework of granting the right to use the Site is allowed only after the End User passes registration and authorization on the Licensor's Site.
- 3.2. In addition to that specified in clause 3.1. Of the Rules, the registered End User is provided with access to the paid functionality of the Site from the moment of the conclusion of the Agreement in this part (making an advance payment).
- 3.3. Certain technical, organizational and commercial conditions for using the Site, including its functionality, may be brought to the attention of End Users by posting it separately on the Site or by notifying End Users.
- 4. License to use the site and acceptable use of the site:
- 4.1. The Licensor grants the registered End User the right to use the paid functionality of the Site for personal purposes.
- 4.2. The End User is allowed to post (including broadcast from external sources), edit and delete images, text, audio and video materials, as well as other objects of copyright and (or) related rights (hereinafter referred to as the "Content") subject to the restrictions and guarantees in accordance with clause 5 of these Rules.
- 4.3. Using the Site in other ways, including by copying and / or downloading the Content posted on the Site, as well as the design elements, computer programs and databases included in the Site, their decompilation and modification, is strictly prohibited.
- 5. By accepting the terms of these rules, you confirm and warrant that:
- 5.1. You have all the necessary rights and powers to conclude an Agreement for the use of the Site and its execution;
- 5.2. The use of the Site will be carried out by you solely for the purposes permitted by these Rules in compliance with its provisions, as well as the requirements of the Agreement, applicable law and generally accepted practice;
- 5.3. You will not take any action that conflicts with or interferes with the operation of the Site (or the operation of the corresponding equipment, networks, or software with which the Site operates);
- 5.4. Your use of the Site for specific purposes does not violate the property and / or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, rights to trademarks, service marks and appellations of origin, rights to industrial designs, rights to use images of people, living or deceased, etc. The Content you post does not contain information and / or images that offend the honor, dignity and business reputation of persons; does not contain information and / or images that promote violence, pornography, drugs, racial or ethnic hatred, and you have received all the necessary permissions from authorized persons in connection with the use of the Content.
- 6. By agreeing to these rules, you understand and acknowledge that:
- 6.1. The site is intended for personal, family, home and other non-entrepreneurial needs of individuals. The use of the Site for commercial purposes is not allowed.
- 6.2. The site is intended for different age groups and is not a media outlet. In accordance with paragraph 2 of Article 14 of the Law of the Russian Federation "On the Protection of Children from Information Harmful to Their Health and Development", the Licensor may, but is not obliged to affix a sign of information products containing a restriction and (or) a text warning about restricting its distribution among children, corresponding to one of the categories of information products established by part 3 of Article 6 of this Law. By using the site, you assume the risks that you may come across content that is not suitable for you in the age category
- 6.3. The Licensor reserves the right to remove any Content from the Site or temporarily restrict access to it unilaterally.
- 6.4. In case of repeated violations of the terms of these Rules, the Agreement and / or legal requirements, the Licensor reserves the right to block your account (account) entirely or restrict (terminate) the granting of rights to use the Site.
- 6.5. The Licensor reserves the right to post advertising materials and links to other resources in special blocks on the Site, while the Licensor does not bear any responsibility for the advertising materials and the availability of such resources, for their Content, as well as for any consequences associated with the use of these resources, their Content or advertisements.
- 7. You agree to receive from the Licensor, to the email address you specified during registration, informational e-mail messages (hereinafter referred to as “notifiers”) about important events occurring within the Site, on the following conditions:
- 7.1. The Licensor undertakes to use notifiers to inform the End User about the capabilities of the Licensor's Site and / or about changes in its information resources.
- 7.2. The licensor may send additional messages or notices, the consent to which you express on the profile page available to you after authorization.
- 7.3. The licensor may send transactional trigger messages, newsletters, and news and marketing messages. Transactional trigger messages can be sent depending on the actions of the End User on the Site, or based on the occurrence of certain events in the interaction of the End User and the Site. The rest of the messages can be sent during the validity of discounts, promotions, as well as to inform users about changes on the site.
- 7.4. The frequency of messages may depend on many factors and actions of the End User, at the same time we promise to make reasonable efforts to ensure that the End User does not receive excessive mailings.
- 7.5. Unsubscribing from receiving messages is always available at the bottom of each email message, and the Licensor always responds to the End User's request to unsubscribe from receiving messages when contacting technical support (info@aristotel-arbat.ru).
- 8. Other conditions:
- 8.1. The End User independently determines the conditions and procedure for using the account created by him, which, however, under no circumstances may contradict these Rules and the Agreement.
- 8.2. The End User is responsible for keeping secret from third parties his data (login and password) used for authorization on the Licensor's Site. All actions performed on the Licensor's Site using the login and (or) password of the End User are considered actions of the End User itself.
- 8.3. If you find errors / inaccuracies during the use of the Site, please inform the Licensor about it. To do this, you need to send the Licensor a notification detailing the circumstances and a hypertext link to a page of the Site containing errors / inaccuracies to the mailing address info@aristotel-arbat.ru.