SERVICE AGREEMENT FOR INDIVIDUALS AGED 18 AND ABOVE
This document represents a public offer (hereinafter referred to as the "Offer") of Individual Entrepreneur Ekaterina Denisova (registration number 308927128, hereinafter referred to as the "Provider") and constitutes an official proposal to any physical individuals. The Offer contains all essential terms of the service agreement and is published on the Provider's website at the following address: Upon accepting the terms outlined in this Agreement, the person accepting this agreement becomes the Customer and assumes all rights and obligations of a Customer as stipulated by the agreement. Acceptance is deemed as the complete and unconditional agreement of the Customer to the terms of the agreement, and the Customer acknowledges that these terms are accepted without any reservations, limitations, and fully correspond to their will, needs, and requirements. By accepting the agreement, the Customer confirms that the services provided by the Provider are offered remotely using software and fully align with the Customer's ability to use services provided in this manner. Acceptance of the agreement occurs through registration on the website by filling out the application form for the selected Tariff. The Customer guarantees that at the time of accepting the agreement, they possess sufficient legal capacity to enter into the Agreement. Information and consultation services are not subject to licensing.
1. SUBJECT AND PROCEDURE FOR SERVICE RENDERING 1.1. The Provider undertakes to grant the Customer access to the informational product "Lose Weight with Katya" via the Internet, which is the subject of this Agreement. The Customer undertakes to pay the price to the Provider in accordance with the agreement. The Customer independently ensures access to the Internet. The Provider renders the Service to the Customer only under the following conditions: (1) The Customer has provided their registration data. (2) The Service is provided to the Customer in an extent corresponding to the prepayment made by them. The Provider reserves the right to grant the Customer deferred payment for the informational product, including involving credit organizations. 1.2. Granting access to the informational product "Lose Weight with Katya" means providing the Customer with a simple (non-exclusive) license to the specified informational product and informational-consultation support during the period specified in clause 1.11 of the offer, starting from 7 days after the Customer receives the plan. 1.3. Informational-consultation support for the Customer is provided using remote technologies. The composition of informational-consultation support depends on the Tariff selected by the Customer. In accordance with the terms of this Agreement, the Customer undertakes to review all materials included in the Informational product available in the chosen chat. 1.4. Within 3 calendar days from the date of payment credited to the Provider's bank account, the Provider sends an email to the Customer's email address provided during registration and payment, containing a link to access the Internet page where the informational product is located. 1.5. Access to the expert chat is provided by sending the Customer a link to the chat with the expert to their email. 1.6. In case of non-receipt of the plan, as well as in case of other technical difficulties, the Customer must immediately send a message to technical support at: https://t.me/+jaFYr-kQ5vA3YjM8 1.7. Informational support feedback is provided throughout the period paid by the customer.
COST AND PAYMENT PROCEDURE FOR SERVICES 2.1. The Agreement is executed on the conditions of advance payment, as well as the possibility of installment payment. 2.2. The total cost specified in the Tariffs includes all expenses of the Provider associated with the execution of the Agreement, taxes and fees paid by the Provider, and the compensation due to them. The total cost cannot be changed for the Customer if they have already accepted and paid for the agreement in accordance with the current Tariffs. In other cases, the Provider has the right, at their discretion, to make changes to the current Tariffs by publishing the corresponding changes on the website. 2.3. Payment is made in any international currency at the exchange rate on the current day in accordance with the conditions of the agreement and the information on the Site. The moment of payment is considered the receipt of funds to the Provider's bank account. 2.4. In case the Customer fails to fulfill payment obligations for the Services in accordance with the terms of this Agreement, the Provider has the right to suspend the execution of their obligations until the moment of receiving funds from the Customer or unilaterally refuse to execute this Agreement.
REFUND OF FUNDS 3.1. General Provisions: 3.1.1. The Provider refunds funds in cases stipulated by the agreement and the applicable legislation of Israel. 3.1.2. The Customer's refund request should be sent to the address: https://t.me/+jaFYr-kQ5vA3YjM8 or to the email specified on the website, or to the WhatsApp number indicated on the website. The request should include: the Customer's last name, first name, reasons for the refund, a statement of no claims in case of refund, and agreement with the refund terms. 3.1.3. The Provider is entitled to refund funds after deducting the work already done at the time of the request, to the banking details from which the payment was made, or by another method. 3.1.4. Refund Conditions: Individual 2-month course – in case of cancellation within 1 to 30 days after the Customer receives the meal plan, a 40% refund of the total course amount will be provided. After 30 days, no refund is available. Individual 3-month course – in case of cancellation within 1 to 30 days after the Customer receives the plan, a 50% refund will be provided. After 30 days, no refund is available. Group program – no refund is available. The Provider may offer the Customer the opportunity to participate in the next group program at their discretion and with grounds to do so. This opportunity is provided once. 3.1.5. The Provider undertakes to refund funds within 3 (three) calendar days from the date of making the corresponding decision (if grounds exist). The date of refund is considered the date when the funds are debited from the Provider's bank account. 3.1.6. The Provider reserves the right to unilaterally refuse to provide services to the Customer if proper performance of contractual obligations is impossible due to the Customer's actions, including inciting interethnic conflicts, offending other Customers in expert chats, as well as the Provider and individuals engaged by the Provider to provide services under the Offer, spreading spam, advertising services/goods without the Provider's consent, and using the Provider's intellectual property unlawfully. 3.3. Refund of Funds in Case of Stage-by-Stage Payment: 3.3.1. If the Customer fails to make the next payment for stage-by-stage payment, the Provider notifies them by the provided email address or chat that the Agreement between the Parties is terminated. The Agreement is terminated on the day after the deadline for the next stage-by-stage payment expires, on the day of sending the notice of termination of the Agreement. 3.3.2. In case the Customer unilaterally terminates the agreement without a termination request, no refund is provided.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES 4.1. The Provider must: 4.1.1. Provide services specified in this Agreement in a timely, qualitative, and complete manner. 4.1.2. Comply with legal requirements regarding processing, transmission, and protection of the Customer's personal data. 4.1.3. Resolve problems and other errors for which the Provider is responsible. 4.2. The Provider has the right to: 4.2.1. Independently determine the forms and methods of providing services based on legal requirements and specific conditions of the Agreement. 4.2.2. Modify or withdraw the terms of the Offer at their discretion at any time. The modified terms come into effect from the date of their placement on the Site, unless otherwise specified by the Provider during such placement. This clause does not apply to the Customer who has accepted the Offer. 4.2.3. Engage third parties to provide services without obtaining the Customer's consent. 4.3. The Customer must: 4.3.1. Provide accurate data when placing an order and update necessary information for receiving notifications needed for the service provision according to the Agreement. 4.3.2. Fully review the Agreement before making a payment. 4.3.3. Timely make payments. 4.3.4. Not record, distribute (publish, post in public sources, make public, transfer, or resell to third parties) for commercial or non-commercial purposes any intellectual property results, including the Provider's materials, except when explicitly allowed by the Offer, and not create information products based on them for commercial gain. 4.3.5. Fulfill conditions - send reports on time and daily, inform the Provider about emerging questions and issues.
PARTIES' LIABILITY 5.1. Parties' Liability: 5.1.1. The parties are liable according to the applicable legislation. 5.2. The Provider is not responsible for the quality of the internet connection, data transmission errors, data damage, errors, or delays in display that occur through no fault of their own. 5.3. The Provider is not responsible for the inability to use the Website, information product page on the Internet for any reasons not caused by the Provider, including but not limited to: errors, interruptions, deletion, defects, data processing or transmission delays, disruption of communication lines, equipment malfunctions, any technical failures, or other problems with any phone networks or services, computer systems, servers, or providers, computer or phone equipment, software. 5.5. The parties are exempt from liability for partial or complete non-performance of obligations under this Agreement if such non-performance occurred due to force majeure circumstances, including earthquakes, floods, tsunamis, fires, typhoons, snowdrifts, military actions, mass diseases, epidemics, strikes, transport restrictions, introduction of a heightened readiness regime, emergencies, accidents. In the event of such circumstances, the deadline for performance of obligations under this Agreement may be changed in proportion to the time during which such circumstances persist. The party that did not inform the other party about the impossibility of performing its obligations loses the right to refer to such impossibility. The absence of free time for the Customer for any reasons, being on vacation, on a business trip, on sick leave, non-payment for Internet access, breakdown of the means of Internet access are not force majeure circumstances.
6. INTELLECTUAL PROPERTY AND USAGE RESTRICTIONS 6.1. Using Intellectual Property Results (RIP) and the Platform: By using the Provider's intellectual property results (hereinafter referred to as "RIP"), as well as using the Platform and the information product, the Customer acknowledges and agrees that all content and structure of content of the Information Product and RIP 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, whether existing at present or developed or created subsequently. No rights to any content of the RIP owned by the Provider, including, among other things, audiovisual works, textual and graphic materials, are transferred to the Customer as a result of using the Information Product and entering into this Agreement. 6.2. The Customer is prohibited from copying, modifying, altering, deleting, supplementing, publishing, transmitting any information (including parts and components of sessions, course libraries, training programs, articles) obtained on the Platform, except in cases where such function is explicitly provided on the Platform. 6.3. The Provider is not responsible to the Customer for the non-compliance of the results of intellectual activity with the Customer's expectations. The Customer independently bears responsibility for the possible consequences of using the results of intellectual activity.
7. OTHER TERMS 7.1. Unspecified Relationships: Any relationships between the parties that are not stipulated in this Agreement are governed by the norms of the applicable legislation. 7.2. Dispute Resolution: All disputes arising in the performance and termination of this Agreement are resolved through negotiations. The pre-trial settlement procedure is mandatory before filing a lawsuit. In case an agreement is not reached through negotiations, the dispute will be considered in a court of law in accordance with the legislation of Israel at the location of the Provider. In case one of the parties is located outside of Israel, disputes will be considered in Israel, at the location of the Provider. 7.3. The Customer consents to the processing of their personal data provided when placing an order, to the extent and in accordance with the Personal Data Processing Policy posted on the Site. The Customer can revoke their consent to the processing of personal data at any time by sending a relevant notification to the Provider's email address. 7.4. By participating in special group chats created by the Provider on messengers and other platforms to provide services under this Agreement, the Customer agrees not to disclose, distribute, copy the personal data of other participants of such chats. The Customer is prohibited from sending any information, commercial or marketing offers, or otherwise using the list and contacts of participants of special group chats without prior agreement with the Provider. In case of non-compliance with these provisions of the Agreement, the Customer undertakes to fully compensate the Provider for expenses incurred as a result of satisfying complaints, claims, or claims of third parties whose personal data protection rights were violated due to the actions of the Customer.
8. PROVIDER'S DETAILS Ekaterina Denisova City: Ashkelon, Israel Mobile Phone: +972 54 7619889 Email: Katya.bayner@gmail.com