Individual entrepreneur Rodionov Dmitry Alexandrovich (hereinafter referred to as "EngloryAcademy"), acting on the basis of the certificate of state registration of an individual as an individual entrepreneur, PSRNIE: 319774600044751, as a licensee of the online English language learning software platform, publishes this Agreement for the provision of information - consulting services for remote learning of English. This Agreement is a public offer addressed to the unlimited circle of persons who have access to the Internet resource located at:
www.englory.academy (hereinafter - the "Site") and services provided through the Site (hereinafter - the "User"). This document is a public offer in accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
1. Acceptance and Subject of the Agreement
1.1. The use of the service by the User is governed by this Agreement, which is a legally binding agreement between the User and EngloryAcademy. The subject of this Agreement is the use by the User of the Site and the provision of information and consulting services to the User in the form of individual and/or group remote learning classes in English language teaching, as well as the provision of video recordings of such classes in mp4 files or links for viewing them, training materials, audio material or links to listen to them (the "Services"). EngloryAcademy conducts remote classes in English, subject to payment by the User.
1.2. The User pays for the Services, and EngloryAcademy undertakes to execute such Services in accordance with the program chosen by the User.
1.3. Topics, programs, cost of Services and the registration form are posted on the Site.
1.4. The service is provided by EngloryAcademy remotely via the Internet through software. The service is limited to providing the User with information and the formation of skills for its independent use.
1.5. The services hereunder are considered to be executed with proper quality and on time, as well as accepted by the User, if within 3 (three) calendar days after the expiration of the corresponding service, the User has not stated a reasoned objection to the quality and scope of such services by sending an application to
students@englory.academy.
1.6. The provisions of this Agreement, as well as other rules, conditions and requirements posted on the Site, determine the procedure for using the Site and services, as well as determine the rights and obligations of the User and EngloryAcademy. All such rules, conditions and requirements are deemed to be incorporated into this Agreement by reference and are an integral part of it.
1.7. When the User pays for the service offered on the Site and/or uses the Service or its individual functions, the User is considered to have accepted this Agreement in full, without any reservations or exceptions (User's acceptance). If the User does not agree with any of the provisions of this Agreement, the User is not entitled to use the Service.
1.8. This Agreement shall enter into force from the moment the User expresses his consent to its terms in the manner provided for by paragraph 1.7 of the Agreement. After its entry into force, the Agreement may be modified by EngloryAcademy without any special notice, the new version of the Agreement enters into force from the date of its posting on the Website, and is valid from the time of such placement, unless otherwise provided by a new version of the Agreement.
2.
Rights and Obligations of the parties 2.1. EngloryAcademy is committed to:
2.1.1 In terms agreed by the Parties to provide services to the User in an appropriate manner in accordance with the terms of this Agreement
2.1.2 Not to disclose confidential information and data provided by the User in connection with the execution of this Agreement, not to unveil or disclose such facts or such information (except publicly available information or information provided by the User when registering on the Site) to any third party without prior written consent of the User
2.2. EngloryAcademy may:
2.2.1 Use the services of any individuals and legal entities in order to timely and precisely fulfill the obligations under the Agreement.
2.2.2 Require the User to timely pay for the cost of the Services in accordance with the terms of this Agreement
2.2.3 EngloryAcademy has the right to record audio-video lessons in order to control and improve the quality of training.
2.2.4 Use the e-mail address, phone number, Skype login and other data provided by the User when registering on the Site to send the User informational and promotional materials, including materials to inform the User about EngloryAcademy activities and the compliance of the Agreement. By registering on the Site and/or using the EngloryAcademy services, the User consents to the processing of his personal data by EngloryAcademy or by third parties attracted by EngloryAcademy for the purposes of complying with the terms of this Agreement
2.2.5 Refuse to provide the User and the extension of services without explaining the reasons for refusal.
2.3. Useris obliged to:
2.3.1. Provide EngloryAcademy with all the information and data requested on the Website or directly with EngloryAcademy that is necessary to provide services
2.3.2. Not to disclose confidential information and other data provided by EngloryAcademy in connection with the execution of this Agreement, not to unveil and disclose such facts or information (except publicly available information) to any third party without the prior written consent of EngloryAcademy.
2.4. The User has a right to:
2.4.1. Require EngloryAcademy to fulfill the obligations under this Agreement on time and with proper quality, unless otherwise provided by the terms of this Agreement. A lesson is considered to be conducted properly, if within 2 (two) hours from the moment of its holding, the User does not inform EngloryAcademy about the existence of a claim regarding the timing and quality of the lesson.
2.4.2. Send a request for teacher replacement with an indication of the reason for the request. In this case, EngloryAcademy has the right to decide on the replacement of the teacher within 72 hours from the date of receipt of the request.
3.
Postponement of classes and failure to attend classes 3.1. Postponement or cancellation of lessons by the User can be carried out no later than 8 (eight) hours before the start of the lesson. Non-compliance with the specified period by the User means that the User agrees to the proposed time for conducting the lesson, and in case of missing a lesson, the payment for the lesson is not refunded due to the non-appearance of the User to the lesson
The trial lesson is not payable by the User, however, when it is canceled by the User, EngloryAcademy has the right to refuse the User to provide a repetition of a trial lesson.
3.2. The teacher has the right to postpone classes (in case of illness and for other valid reasons), warning the User about this at least 8 hours in advance. EngloryAcademy has the right to consider the request of the User to change the teacher in case the teacher, in the opinion of the User, postpones classes too often.
3.3. If the User is not available to call the teacher at the time specified for the lesson, the teacher repeats attempts to contact the User (at least three times). In this case, the start time of the lesson is considered to be the time of the start of the lesson set in the lesson schedule. If you are unable to contact the User, the lesson is considered to be held and is paid in the amount of 100%.
3.4. If at the set start time of classes (plus 5 (five) minutes) the User does not receive a call from the teacher, he must immediately contact EngloryAcademy in the manner provided in paragraph 5 of this Agreement. Classes that were not held due to the fault of the teacher are transferred in full time to another time convenient for the User.
3.5. EngloryAcademy is not responsible for the inability or poor quality of the service due to the User's lack of necessary software or technical problems with the Internet
4.
Terms of notifications 4.1. Methods of notifications about the postponement or cancellation of classes:
4.1.1. Sending a letter to the e-mail of the teacher or User, depending on who carries or cancels the lesson;
4.1.2. A message about the postponement/cancellation of EngloryAcademy classes via the telephone number listed on the website in the "Contacts" section at
students@englory.academy;
4.2. Messages via the phone about the postponement/cancellation of classes are accepted only during working hours. Messages sent to another time on the postponement/cancellation of classes are considered not to be accepted.
4.3. In order to report an augmentation in the number of classes, a change in the duration of the classes, a change of the teacher, a suspension of classes, the User should write to the representative of EngloryAcademy an e-mail to the following email address:
students@englory.academyor make a phone call.
5.
Cost of services and payment procedure 5.1. The cost of EngloryAcademy services and possible payment methods are published on the Website at
www.englory.academy 5.2. The user pays for the services of EngloryAcademy on conditions of 100% pre-payment. In the event that the User fails to comply with the payment order for EngloryAcademy classes, EngloryAcademy has the right to cancel the User's class schedule by reserving classes on this schedule with other users
5.3. EngloryAcademy can unilaterally change the cost of services by posting information on the Site. At the same time, the cost of the lessons previously paid by the User is not subject to change.
5.4. The date of payment shall be the date of receipt of funds to the EngloryAcademy account, or accounts of third parties entitled to collect funds received in favor of EngloryAcademy
6.0
Responsibilities of the parties 6.1. Responsibility for non-compliance or poor compliance with the obligations under this Agreement is determined in accordance with the legislation of the Russian Federation. The responsibility of EngloryAcademy for canceling a class is limited to the return of funds previously paid by the User for the canceled class, or the postponement of the canceled class to another time.
6.2. If the User is provided with additional classes as a bonus or encouragement of the User, the User is not entitled to demand monetary compensation for such classes if they are not held for any reason or if the User refuses to receive such additional classes. In the case of providing such additional bonus classes, these classes are held after the completion of all classes paid for by the User.
6.3. The user has the right to terminate this Agreement, refusing to receive classes, subject to the provision of EngloryAcademy motivated refusal of services. In this case, EngloryAcademy has the right to consider the question of returning to the User the funds previously paid by the User in an amount equal to the amount of the unexecuted EngloryAcademy obligations, with the deduction of the costs of bank transfers
7.
Other terms 7.1. EngloryAcademy does not guarantee mastering by the User of the appropriate level of English in perfection, due to the fact that mastering the appropriate language level directly depends on the time spent by the User on learning the language, the user's abilities and efforts made by the User in learning the language listening to educational materials, etc.)
7.2. The parties are not responsible for the complete or partial failure to fulfill their obligations under this Agreement, if such failure was the result of force majeure, namely: floods, other natural disasters, military actions, decisions and decisions of state authorities or other events. Proper confirmation of the presence of force majeure and their duration for the Parties is a certificate issued by the authorized bodies
8.
Personal data and their use 8.1. The user agrees with EngloryAcademy to process his personal data provided upon receipt of the Services hereunder and upon registration on the Site in accordance with the terms and conditions of the Policy regarding the processing of personal data posted on the Site:
https://englory.academy/en/documents 8.2. Processing of personal data means recording, organizing, accumulating, storing, clarifying (updating, changing), retrieving, using, transmitting (distributing, providing, accessing), depersonalizing, blocking, deleting, deleting personal data not falling under special categories for processing which, according to the current legislation of the Russian Federation, requires the written consent of the User.
8.3. The processing of personal data is carried out in order to comply with EngloryAcademy's obligations under this contract, provide the User with feedback when using the Site, training programs, video courses, as well as sending to the e-mail addresses information and advertising messages specified by the User during the registration and after.
8.4. User's personal data is processed by EngloryAcademy using databases located on the territory of the Russian Federation
8.5. The user may at any time withdraw consent to the processing of personal data by sending EngloryAcademy a corresponding notification to the address: support@englory.academy. At the same time, the User understands and acknowledges that a review of the processing of personal data may require the removal of any information related to the participation of the User in the training program, including the deletion of the User account and termination of access to the materials of the acquired remote learning course.
8.6. The User consents to the use of his image as a photo of the User (avatar) on the EngloryAcademy Website on a gratuitous basis.
9.
Copyright protection 9.1. The website from which EngloryAcademy Services are sold or the provision of such Services directly contains intellectual property owned by EngloryAcademy, its affiliates and other related parties, representatives, all other persons acting on behalf of EngloryAcademy
9.2. Using the Site EngloryAcademy, the User acknowledges and agrees that the entire contents of the Site and the structure of its contents are protected by copyright, trademark rights and other intellectual property rights, and that these rights are valid and protected in all forms, on all media and in relation to all technologies, both currently existing and developed or subsequently developed. No rights to any content of the site EngloryAcademy, including, without limitation, audiovisual works, text and graphic materials, computer programs, trademarks are transferred to the User as a result of using the site and entering into this agreement
9.3. When citing materials from the Site, the User is obliged to provide a link to the Site EngloryAcademy
9.4. In case of violation by the User of the provisions of this agreement related to the protection of copyright EngloryAcademy, the latter is entitled to claim compensation for all damages caused, including lost profits.
10.
Final provisions 10.1. This agreement comes into force from the moment of its acceptance by the User in accordance with clause 1.7. of agreement and is valid until the full completion of their obligations by the parties
10.2. On all matters not regulated by this agreement, the parties are guided by the current legislation of the Russian Federation
10.3. All disputes and disagreements between the parties are resolved through negotiations. In this case, the claim procedure for the resolution of disputes arising from relations concerning the conclusion of this contract is mandatory
The recipient of the claim within 30 calendar days from the date of receipt of the claim, notifies the claimant in writing of the results of the consideration of the claim.
If the agreement is not reached within the period specified in this clause, the dispute is submitted to the judicial authority for consideration in accordance with the current legislation of the Russian Federation at the place of registration of the EngloryAcademy
10.4. The recognition by the court of any provision of this contract as invalid or not subject to compulsory execution does not entail the invalidity of its other provisions.
11. Details of EngloryAcademyIndividual entrepreneur Rodionov Dmitry Alexandrovich
Primary State Registration Number of Individual Entrepreneur 319774600044751
Taxpayer Identification Number 772442960780
Address: 117648, Moscow, md. Chertanovo Severnoe, d. 1A, apt. 1095
Published: Moscow, February 10, 2019