THE AGREEMENT OF THE PUBLIC OFFER
By accepting this Public Offer, the Customer agrees to all the terms and conditions set forth below and confirm that the Customer understands all its provisions and enter into an agreement on the provision of services with IMA World Wide Inc. on these terms.
IMA World Wide Inc, which is a legal entity under US law (hereinafter referred to as the Contractor) invites individuals and legal entities (hereinafter referred to as the User) (collectively – the Parties and individually
the Party) to join this Public Offer Agreement for the provision of services (hereinafter referred to as the Agreement) on the conditions defined in it and in accordance with the selected list of services.
Implicative actions will also be considered joining this Agreement: to insert a checkmark in the checkbox “I have read the Agreement of the Public Offer” and/or to pay an invoice (sales invoice) or to use an online means of payment to pay for online courses and/or access online training courses. In case of disagreement with the terms of this Agreement, the conclusion of an accession agreement is not possible.
1.1. Platform – software, a specialized platform for hosting webinars and posting educational materials, instant messengers and other communication channels administered by the Contractor (hereinafter referred to as the Platform). The Contractor has the right, at its discretion, to change the Platform (specialized software) to another specialized software environment, while the User must check out the functionality and rules of the Platform itself. The use of the functions of the Platform (software environment) is included in the course price.
1.2. Course – a set of training modules (Training Materials, videos and audio materials, assignments, etc.), which are compiled in accordance with a specific discipline and within which services are provided.
1.3. Training Materials – educational materials and books, anthologies, lectures, assignments, etc., which are posted on the Platform.
1.4. Rates – information about the price of the Course, provision for discounts, and other useful benefits that are indicated on the website, Facebook page or promotional materials.
1.5. Access to materials – User’s access to the Platform, which is administered by the Contractor and through which the User gets access to the Course, Training Materials, other information necessary to enforce the contract.
1.6. Agents – legal entities/individuals – entrepreneurs/individuals who provide Users with Related services on their behalf, and when concluding transactions – act on behalf of the Contractor, under control, in the interests and at the expense of the Contractor.
1.7. Related services – services that are inextricably linked to the procedure for selling the Course and provided by the Agents and are consumed by Users directly during such sale of the Course.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The Contractor undertakes to provide the User with services, the content of which consists in the User’s access to Training Materials of the Course and in ensuring the User’s access to the relevant Training Materials of a certain online Course during the term of the contract (five months, unless otherwise indicated on the website of the Course), and the User – accept and pay on the terms specified in this Public Offer. The cost of a specific Course is determined on the Course website/page or promotional materials.
3. PROCEDURE ON CONCLUSION OF AGREEMENT
3.1. This Agreement is concluded on the terms of an accession agreement and is considered concluded from the moment the Public Offer is accepted.
3.2. By accepting the Public Offer to conclude such an agreement, the User confirms the acceptance of the Agreement conditions
3.3. The User accepts (provides with an acceptance) the Public Offer by performing implicit actions – paying for the selected Course on the conditions specified in §4 of this Agreement. The written form of this Agreement may additionally be confirmed by sending an e-mail.
4. PRICE OF SERVICES AND PAYMENT PROCEDURE
4.1. The price is determined and applied in accordance with the Course selected by the User, which is indicated on the corresponding Course web page and (or) social networks or in promotional materials.
4.2. Payments for services are carried out by transferring money to the Contractor’s account or the Agent’s account, or through online payment systems used by the Contractor/Agent.
4.3. After full/partial payment, funds will not be refunded. Should the User pay partial payments for the Course (if it is provided for by the payment terms) and not make the rest of the payments, the amount of such a security deposit is considered an advance deposit and is not returned to the User.
4.4. The User cannot demand to reduce the cost of services or a refund if it did not use the services due to circumstances for which the Contractor is not responsible. The commencement of the provision of service is the moment of providing the User with access to Training Materials.
4.5. The User can get a discount on the Course. The conditions for granting a discount for the Course are publicized for the User on the Course’s web page and (or) social networks or in promotional materials. The discount is not available after purchasing the Course.
4.6. The Parties understand that the payment made by the User under the terms of the Agreement is not refundable in the event of termination of the Agreement at the initiative /application of the User, due to circumstances beyond the control of the Contractor, due to the violation of the terms of the Agreement by the User.
5. PROCEDURE AND TERMS OF SERVICE PROVISION
5.1. Services are provided on the Internet by providing the User with access to the Course chosen by it, to Training Materials using the Platform, which is administered by the Contractor, during the term of this Agreement, unless otherwise specified in the text of this Agreement.
5.2. The start (enrollment) date of the Course is indicated on the Course website and/or social media or in promotional materials.
5.3. The Contractor is not responsible if the User misses a seminar, webinar, other elements of the Course, designed for awareness of the User through participation in the online broadcast in accordance with the program of the Course. At the same time, in case of technical feasibility, the Contractor may provide the User with a recording of seminars, webinars, and other elements of the Course, which are designed for the User.
5.4. The services are considered rendered and accepted without drawing up acts of acceptance of the services at the moment of sending the User access (for an online course) or hyperlink (to view the webinar in recording or online broadcast of the webinar, depending on the webinar chosen by the User) required to activate access to the service.
5.5. The Contractor has the right to provide the services stipulated in this Agreement both personally and with the involvement of the Third party.
5.6. By posting texts, photographs, reviews and other content (except for the User’s commercial information) on the website, the Platform, the User grants the Contractor non-exclusive rights to public display of this content, processing, reproduction, public display without territory and term limitation, without payment rewards.
6. OBLIGATIONS OF THE PARTIES
6.1. Obligations of the Contractor:
6.1.1. Provide the User with services in accordance with the terms of this Public Offer.
6.1.2. Provide the User with access to the Platform and to Training Materials no later than the start date of the Course, which will be announced in the promotional materials.
6.1.3. Provide the User with online support via email or chat, which will be created in the messenger or another communication channel of the Contractor’s choice. Online support may take the form of consultations on how to use the functionality of the Platform, which may be provided as part of the Course or шin case other difficulties may arise for the User during the term of the Agreement.
6.2. Obligations of the USER:
6.2.1. Accept and pay in accordance with the terms of this Public Offer.
6.2.2. Consume the services in person, do not transfer access to the Course, Training Materials to any the Third Party, do not copy or otherwise reproduce Training Materials. In case of violation of this condition, the Contractor has the right to terminate the Agreement unilaterally and restrict access to the Platform and Training Materials.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All rights to the website belong to the Contractor.
7.2. Intellectual property rights to the Course, Training Materials used on the Platform, in particular, but not limited to, texts, images, videos, logos, graphics, sounds, belong to the Contractor.
7.3. The Contractor also uses objects of intellectual property rights that may belong to others on the basis of an appropriate license, agreement or another legal basis.
7.4. The Contractor grants the User a limited, non-exclusive, revocable and non-sublicensing license to access the Platform and the right to use Training Materials.
7.5. By granting the right to use the objects of the right to use by the User for the purposes of the execution of this Agreement, the Contractor does not transfer any intellectual property rights to such objects and does not grant permission to use them for purposes other than those specified in the Agreement.
7.6. All materials provided by the Contractor to the User in the process of providing services (conducting webinars, seminars and the Course), as well as the results of photo and video filming received by the Contractor during the Course, are the result of the Contractor’s intellectual activity. The User gives unconditional consent to the Contractor to use photo and video image included in the materials specified in this paragraph.
7.7. The content posted on the Platform cannot be copied, published, reproduced, processed, distributed, sold or used in any other way in parts or in full without the prior written consent of the Contractor.
7.8. With regard to audio and video materials, assignments, texts and other results of intellectual activity of the Contractor, the User is provided with a simple (non-exclusive) worldwide license for the duration of the Agreement from the moment of payment for the Course. The specified content can be used in the following ways: by awareness of it (via viewing, reading, listening, another type of awareness depending on the type of content, as well as by reproducing exclusively for personal purposes).
8. LIABILITY OF THE PARTIES
8.1. In case of violation of the terms of payment for services, the Contractor has the right to terminate the contract unilaterally and restrict access to the Platform and Training Materials. The funds received (in case of partial payment) in this case are non-refundable.
8.2. The Contractor also has the right to terminate the Agreement unilaterally and block access to Training Materials and the Platform in the event that the Distribution (or any reproduction) of Training Materials or is revealed publicly and (or) the access to the Platform is transferred to the Third Party who are not Parties and (or) the Course is purchased jointly (by several persons).
8.3. If the Contractor reveals violations provided for in Clause 8.2. of this Agreement, the User undertakes to pay a fine in the amount of 200% of the cost of the Course. Violations may be detected by screenshots, software or access to the Platform to the Third Party or any other reasonable means.
8.4. The Contractor does not guarantee that the website / Platform will be available 24/7 without restrictions and is not responsible for damage, losses or expenses (real or possible), other possible consequences of the inaccessibility of the website/Platform.
9. GUARANTEES OF THE USER AND THE RIGHTS OF THE CONTRACTOR FOR THEIR IMPLEMENTATION
9.1. By accepting the Agreement, the User confirms and guarantees that it:
– has an appropriate level of civil legal capacity in order to enter into such transactions (conclude/accept the Agreement);
– has the necessary rights to order or owns the funds that are used to fulfill the Agreement;
– respects the intellectual property rights of the owner of such rights, the Contractor and other persons and will fulfill the obligations provided for by the terms of the Agreement;
– will not try to access closed sections of the website / Platform, personal data of other users of the website/Platform;
– will not use any software or otherware, the use of which may cause any harm to the website/Platform, the legal rights or interests of the Contractor, the Third party;
– will not use any information posted on the website/Platform, any content or part of it, to harm the rights or legitimate interests of the Contractor, the Third Party;
– will not publish, post, transmit, upload, submit, display or distribute any information or materials and/or otherwise make available or participate in any actions that are illegal, discriminatory, hooligan, defamatory, offensive, threatening, harmful, obscene in relation to the Contractor, the Third Party;
– will not publish, post, transmit, upload, submit, demonstrate or distribute any other information that violates the requirements of the Agreement and/or the legislation of the country of the Contractor/Agent.
9.2. In order to implement the specified in Сlause 9.1. of the Agreement, the Contractor reserves the right to delete information posted on the website/Platform/social networks and take technical and legal measures to terminate access to the website/Platform for the User who causes problems for the use of the website/Platform for other users, the Contractor or violates requirements of the Agreement. In this case, such blocking or deletion of information occurs at the Contractor’s discretion of without notifying the User.
9.3. The aggregate liability of the Contractor under the Agreement for any claim or complaint in relation to the Agreement or its performance is limited to the amount of payment paid to the Contractor by the Customer. At the same time, the Contractor must pay cost recovery only for real damage, but not lost profits.
10. PROCEDURE OF SETTLEMENTS
10.1. Any disputes arising from the execution of the Agreement on the terms of the Public Offer are resolved in compliance with the claim procedure. The claim is submitted to the Contractor in written form with the attachment of documents substantiating the claims and submitted within 10 (ten) banking days from the date of occurrence of the cause of the dispute. The submitted claim is considered by the Contractor within 10 (ten) business days.
10.2. If any disputes out of or in connection with the Agreement, including those concerning its execution, violation, termination or invalidity, cannot be resolved through negotiations, then such disputes shall be resolved, in accordance with the current legislation of the country of registration of the Contractor and by the local court of the Contractor.
10.3. For all other issues not provided for in the Public Offer, the Parties are guided by the legislation of the country of registration of the Contractor.
10.4. If a provision of this Agreement is or becomes invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability of any other provisions of the Agreement.
11. TERMS OF THE AGREEMENT
11.1. The Agreement is valid for 5 (five) months unless otherwise indicated on the Course website. Access to the Platform and Training Materials is provided only for the duration of the Agreement (unless otherwise specified in the sections of this Agreement providing for the Contractor’s right to restrict access to the Platform). If the User has not used the services during this period for personal reasons, the term of the Agreement is not extended.
11.2. This Public Offer comes into force from the moment the User makes the Public Offer Acceptance and is valid until the Parties fulfill their obligations in full.
11.3. The User agrees and acknowledges that the introduction of changes to the Public Offer entails the amendment of the Agreement concluded and in force between the User and the Contractor, and these changes come into force simultaneously with such changes of the Public Offer.
The current version of the Public Offer is posted on the website www.imaworldwide.us
Continued use of the Platform will mean that the User agrees with the terms of the new version of the Public Offer. If the User does not agree with the terms of the new version of the Public Offer, it undertakes to stop using the site.
12. OTHER CONDITIONS
12.2. The Contractor may amend the terms of this Agreement unilaterally without prior notice to the User.