Date: 13.08.2022
Public Offer Agreement
This public offer agreement is an offer of a self-employed person Likh Sergey Viktorovich, TIN 720520301947, registered Office: 8, Akbastau, Taldykorgan, Almaty region, Kazakhstan, 100105, (hereinafter referred to as the «Contractor») to enter into a Public Offer Agreement for the provision of information and advisory services (hereinafter, «Agreement», «Offer») with any interested natural person or a legal entity, or a self-employed person (hereinafter, the «Customer»).
In accordance with Clause 5 of Article 395 of the Civil Code of the Republic of Kazakhstan, an individual agreeing to the conditions described below, paying for the services and accepting the Offer becomes a Customer (in accordance with Clause 3 of Article 396 of the Civil Code of the Republic of Kazakhstan the acceptance of the Offer shall be deemed equivalent to concluding an agreement on the conditions set forth in the Offer).
In view of the foregoing, the Customer must carefully study the text of this Agreement and, in the event that the Customer does not agree with any of the clauses of this Agreement, the Contractor offers him to refuse any action required for the acceptance of the Offer. The moment of full and unconditional acceptance of this Offer is the fact of payment by the Customer for the Services offered by the Contractor. In case of Services offered by the Customer as a special offer (when applicable) with payment by installments, the moment of full and unconditional acceptance of this Offer is the fact of the first payment out of the total amount agreed upon by the Parties.
This Offer shall also be deemed to have been accepted after the registration on the website https://likh-school.com (hereinafter, the Website), during which the Customer explicitly provides his personal data or the personal data are provided automatically by third-party services (Social Media Platforms, Instant Messaging Services, Mobile Network Operators, etc.).
Registration shall mean:
- Completion of the registration form on the Website’s webpage disclosing the Customer’s personal data (first name, second name, phone number, e-mail address or other).
- Joining the Service’s public page on a Social Media Platform (Facebook, VK, Instagram, WhatsApp, Telegram, TikTok) (liking a public page or following a public page or accepting the invitation to join the public page).
- Filling out the form on the Website’s webpage embedded into a Social Media Platform through the Service’s public page.
- Sending a message to the Service’s public page on a Social Media Platform or commenting another person’s message on the public page.
- Joining, adding to one’s contact list or starting the Service’s automated contact (“bot”) on an Instant Messaging Service (Telegram, Viber, WhatsApp, VK Messenger, Facebook Messenger, Instagram).
- Sending a message to the Service’s contact (including the “bot” and the phone number) through an Instant Messaging Service.
- Sending an e-mail to the Service’s e-mail addresses.
- Calling the Service’s phone number through a phone.
- Sending an SMS message to the Service’s phone number.
The acceptance of this Offer shall mean that the person intending to find information on the Website and/or access paid or free services provided by the Contractor and/or perform any other actions on the Website understands and accepts that:
· They understand the text of this Agreement and has no questions to the Contactor at the moment of acceptance.
· In accordance with Article 7, Chapter 2 of the Law of the Republic of Kazakhstan “On Personal Data and Its Protection”, personal data processing shall be allowed when it is required for performance of an agreement to which a personal data subject is a party. The acceptance of this Offer shall mean the agreement to the processing of the personal data of the person intending to obtain the services of the Contractor.
· The Service shall be entitled to send advertising or informational messages to the Customer registered on the Service via the contact details (personal data explicitly provided by the Customer upon registration or other use of the Service, or provided automatically by third-party services (Social Media Platforms, Instant Messaging Services, Mobile Network Operators, etc.). The Service shall be entitled to send advertising or informational messages via:
1. an e-mail;
2. an SMS message;
3. a message on an Instant Messaging Service;
4. a message on a Social Media Platform;
5. a phone call, including automated calls.
· The Service is entitled to send advertising or informational messages about its services and offers, as well as advertising or informational messages about its partners, i.e., legal entities, self-employed persons and natural persons that have a partnership with the Service.
All other terms that may occur in this Agreement shall be construed by the Parties in accordance with applicable laws of the Republic of Kazakhstan.
Provision of Online School Services Agreement
1. Terms and definitions
1.1. Online School shall mean a service for the provision of information on provided through the Service via the Internet.
1.2. Service shall mean the website and other technical means that ensure the functioning of the Online School.
1.3. Online Course shall mean an informative work, including audiovisual work, recorded for the purpose of displaying on the Internet and consisting of a set of Classes.
1.4. Class shall mean a part of the Online Course that logically unites a part of the information from the Online Course and, in case of necessity, contains requirements (tasks) restricting access to further Classes or imposing other restrictions on the Online Course Completion ability.
1.5. Online Course Completion shall mean the process of the Online Course information consumption aimed at receiving information or knowledge or skills available through the Online Course and including the completion of mandatory and optional tasks from the Classes
1.5. Student or Customer shall mean a natural person who has accepted the Public Offer Agreement to gain access to the services and the information provided on the Website.
1.6. Student’s Profile shall mean the personal space of the Student on the Service. The Student’s Profile is personalized.
1.7. Teacher or Tutor shall mean the individual who provides the provision of information services and/or services of checking the Students’ Responses on the Service.
1.8. Student’s Response shall mean a Student’s completed task that he submits to the Teacher or Tutor for checking. The Response may be checked by the Teacher or Tutor or automatically. Upon checking, the Response may be rejected which shall mean failure to complete the Task and restriction for the Online Course Completion.
1.9. Stop Lesson shall mean the Class that restricts the Student’s access to next Classes until the fulfilment of requirements stated in the Stop Lesson.
1.10. Webinar shall mean an interactive online event featuring a Teacher or a Tutor from the Online Course or a recording of such online event.
1.11. Service’s Admin shall mean an individual who initiates the agreement, provides the services of access to the Online Course and/or Webinars and monitoring the Students’ actions.
1.11. Online Course’s Terms and Conditions shall mean a set of requirements and restrictions determined by the Service’s Admin that determines the conditions granting the Students’ access to the Online Course and determines the possibilities granted to the Student throughout the process of the Online Course Completion. Different Students may be presented with different requirements and granted different possibilities.
2. Subject of the Offer
2.1. The subject of this Offer is:
- The provision of access to the Online Course in order to obtain information by the Students;
- The provision of access to the Webinars;
- The provision of the service for the Student’s Response checking aimed at checking the correctness of the Student’s completion of the task. The service for the Student’s Response checking shall be provided in case when it is included in the corresponding Online Course and the Online Course’s Terms and Conditions.
3. Service delivery procedure
3.1. The provision of access to the Online Course shall be conducted as follows:
- The access to the Online Course shall be provided in the Student’s Profile.
- The access to the Online Course may be limited to the period defined in the Online Course’s Terms and Conditions.
- The Service’s Admin shall be entitled to change the period for which the access to the Online Course is provided.
- The Online Course may contain one or more Stop Lessons. The amount of Stop Lessons shall be set by the Service’s Admin.
- In case of failure to meet the requirements of the Stop Lesson or other requirements defined in the Online Course’s Terms and Conditions by the Student, the Access to further classes shall be restricted until the moment the necessary requirements are met within the period for which the access to the Online Course is provided and in accordance with the Online Course’s Terms and Conditions.
3.2. The Student may be granted the right to extend the access to the Online Course upon mutual consent with the Service’s Admin, in the case that the Student failed to complete the Online Couse within the period set for the Online Course for legitimate reasons.
3.3. The provision of access to the Webinars shall be conducted as follows:
The Webinars shall be live or recorded, including the imitation of interaction between the Teacher and other viewers. The access delivery procedure for the Webinar shall be defined by the Service’s Admin.
Upon the completion of the Webinar, the Student may be provided a recording of the Webinar. The recording access delivery procedure for the Webinar shall be defined by the Service’s Admin.
- When technically possible, the Service’s Admin shall provide the Student with a special communication form (a chat) to interact with the Teacher during the Webinar.
4. Cost of services and payment procedure
4.1. The fact of payment for the Online Course and/or Webinar shall mean the Student’s acquaintance and agreement with the information about the Online Course and/or Webinar provided through the Service and the intention to perform the Online Course’s Completion or attend the Webinar.
4.2. The payment for the services shall be carried out through the payment systems, the information for which is provided on the Service.
4.3. The payment invoice shall be available in the Student’s Profile upon choosing an Online Course and/or Webinar. The Service shall be entitled to send a copy of the payment invoice to the Student’s e-mail or via other methods using the known contact details of the Student.
4.4. The Student shall make the payment for the payment invoice within 3 (Three) business days from the date of receipt, unless stated otherwise by the invoice or the Student’s Profile.
4.5. In the event of delay in payment, the access to the Online Course and/or Webinar shall not be provided to the Student.
4.5. Partial payment for the payment invoice and the terms for the provision of services in case of partial payment may be permitted by the Service’s Admin.
4.6. The Service shall be entitled to provide additional services related to the Online School. The details for the service, the cost of service, duration of the provision of the service and other substantive information shall be provided through the Service. The fact of payment for these additional services shall mean the Student’s agreement with all of the information about the services provided through the Service. The provisions of the Online Courses or Webinars shall apply to the additional services unless stated otherwise in the information about the additional services.
5. Liability
5.1. The Student shall be liable for the provision of incorrect information during registration and shall be aware of the risks of adverse effects that the provision of incorrect information may bring. The Service’s Admin does not verify the information provided by the Student.
5.2. The Student shall be liable for the posting of objects of intellectual property, such as photographs, pictures, drawings, articles, logos and other objects under legal protection in accordance with the current law of the Republic of Kazakhstan. In the event that a third party makes allegations related to said objects against the Service’s Admin, the Student shall be under obligation to settle them. In the event that a third party files a case for protection of rights against the Service’s Admin, leading to the Service’s Admin’s losses, the Student shall reimburse such losses within a month after the date of submission of a claim for compensation by the Service’s Admin.
5.3. The Student shall be liable for copying and further distribution of the Online Course and/or Webinar and/or other audiovisual information provided by the Service either in whole or in part. Upon detection of the violation stated in this clause, the Service’s Admin shall be entitled to block the Student’s Profile (including the suspension of the provision of services), make a claim against the Student and appeal to a judicial body for protection of rights and the recovery of damages or compensation. In case it is determined that the Student is a member and/or a distributor of the Online Course (including parts of the Online Course) of a service for a joint purchase of information products (a pitch-in), the Student shall be liable to pay a penalty of 13,000.00 (thirteen thousand and 00/100) United States dollars to the Service’s Admin.
5.4. The Student shall be liable to allowing third parties to have access to his Profile. If it is found that third parties have access to the Student’s profile, the Student shall pay a penalty of 4,000.00 (four thousand and 00/100) United States dollars to the Service’s Admin for each violation.
6. Refusal of service
6.1. The Customer shall submit a payment for the provided services, the amount and terms of payment shall be stated on the Contractor’s Website.
6.2.The cost of service shall be exempt from VAT
6.3. The cost of the Online Course shall be displayed on the Website in the corresponding section.
6.4. Available payment options shall be displayed on the Website.
6.5. The cost of service shall be subject to change depending on the market conditions, as displayed on the Website. The Contractor shall not be entitled to change the cost of service for a particular customer in the case that he has accepted the terms and conditions of the Contractor and submitted a payment for the course in accordance with the procedure defined by this Agreement.
6.6. The Customer shall be refunded in the case when the refund is envisaged in this Agreement or the Kazakhstan law, upon request by the Customer. The refund shall be performed in the same method as the payment was received (bank card, electronic money, etc.).
6.7. In the case of failure of the Customer to post completed tasks or requests in the Service’s section intended for Feedback, the Contractor shall not be liable for failure to provide Feedback. The Service shall be deemed to be provided upon the end of the provision of services period, the money shall not be subject to refund.
6.8. In case of refusal of service or additional service after the start of the course without Introduction section, the amount of money subject to refund to the Customer shall be determined by the amount of money paid by the Customer upon the purchase of services net of the cost of the Classes from the Course opened to the Customer and the cost of 17.00 (seventeen and 00/100) United States dollars.
Hereinafter, an opened module shall mean a module of the course or a module of the additional services available on the Service, the access to which has been granted to the Customer through his Profile in accordance with the course completion schedule or the additional services completion schedule.
6.8.1. In case of refusal of service or additional service before the start of the course with Introduction section, the amount of money subject to refund to the Customer shall be determined by the amount of money paid by the Customer upon the purchase of services net of the cost of the opened modules and the cost of 17.00 (seventeen and 00/100) United States dollars.
Hereinafter, an opened module shall mean a module of the course or a module of the additional services available on the Service, the access to which has been granted to the Customer through his Profile in accordance with the course completion schedule or the additional services completion schedule.
6.8.2. In case of refusal of service or additional service after the start of the course with Introduction section, the amount of money subject to refund to the Customer shall be determined by the amount of money paid by the Customer upon the purchase of services net of the cost of the Introduction section, the cost of the opened modules and the cost of 17.00 (seventeen and 00/100) United States dollars.
6.8.3. In case of refusal of service or additional service by the Customer, through the provision of which the Customer, upon a written request, was granted access to the course different from the one they paid for (if the Customer was transferred to a different course), the amount of money paid by the Customer upon the purchase of services or additional services net of the cost of the opened modules from the course in which the Customer has more opened modules, as well as the cost of 17.00 (seventeen and 00/100) United States dollars.
6.8.4. In case of refusal of service or additional service by the Customer after the start of the second week of training (from the date of the start of the course), the purchase payment shall not be subject to refund.
6.9. In case when all of the classes are opened to the Customer upon request, the purchase payment shall not be subject to refund.
6.10. The cash transactions between the Parties of the Agreement shall be conducted in the international currency — United States dollars.
6.11. In case of refusal of service unaccompanied by a completed application for a refund, the refund shall be carried out within 8 months from the moment of refusal of training.
7. Special Conditions
7.1. The Service shall be entitled to use the Students’ Responses in any way, without limitations.
7.2. The replacement of the Online Course upon request from the Student shall only be conducted at the discretion of the Service’s Admin and in the case that the replacement is deemed possible, for instance, depending on availability of the Online Course.
8. Summer Sale (2022) - Terms and Conditions
8.1. The provider of the Summer Sale Promotion (“Promotion”) is the self-employed person Likh Sergey Viktorovich, or Likh Art School as the organization trademarked (“Provider”).
8.2. The Promotion period is from 14.08.2022 to 23.08.2022, both dates inclusive. The Promotion may be terminated at any time by the Provider.
8.3. The price of the course included in the Promotion (“Promotional Price”) is the minimum final price of the course and cannot be decreased under any circumstances by applying discounts or coupons from other promotions run by the Provider or other organizations operating under the Likh Art School trademark.
8.4. The number of courses purchased under Promotion conditions (at Promotional Prices) is not limited.
8.5. The Client fully accepts the Promotion Terms & Conditions at the time of payment/prepayment for the selected product during the Promotion period.
8.6. The Promotion (Promotional Price) does not affect courses that were booked or purchased by the client before 14.08.2022.
8.7. The course booked and/or purchased before 14.08.2022 cannot be exchanged for a similar or a different course included in the Promotion (at Promotional Price).
8.8. If under the Promotion the Client repurchases a course that was already booked by the Client before the Promotion, the payment goes through as an additional payment towards the course booked earlier.
8.9. The Promotion is not applicable to Clients of the Provider or Clients of other organizations operating under the Likh Art School trademark who have received a refund for a purchased course or who have applied for a refund from 08.08.2022 to 23.08.2022.
8.10. The start date of the courses purchased and/or booked under the Promotion cannot be later than 29.12.2022. The choice of the start date is made out of proposed dates (on the Provider’s payment web-page or by the Provider’s managers) in accordance with the Provider’s approved course schedule.
8.11. Purchasing a course under Promotion conditions without determining the start date of the course (open date) is not allowed.
8.12. In case of a change in the start date of the courses purchased and/or booked under the Promotion (at Promotional Prices), the new start date cannot be later than 29.12.2022. If the Client wants to change the start date to a later date (after 29.12.2022), the Promotional Price is not applicable, and the cost of the course is set in accordance with the Provider’s price list in effect at the time of the application.
8.13. If the Client wants to exchange a course purchased and/or booked under the Promotion for a different one later than the end date of the Promotion (23.08.2022), the cost of the new course is set in accordance with the Provider’s price list in effect at the time of the application.
8.14. The offers included in the Promotion are only valid during the period specified in clause 8.2.
8.15. Refunds for offers included in the Promotion are not carried out.
8.16. In case of course packages included in the Promotion under the general title Package, the Client purchases 2 courses simultaneously. A discount for such courses is provided by purchasing the first course with an earlier start date at Promotional Price, the second course is provided free of charge. The second course is only provided on condition that the first one was paid for in full.
8.17. In other cases, the rest of Likh Art School Public Offer Agreement shall apply. The Public Offer Agreement is provided to the Client for reviewing before making the payment/prepayment.
9. Final clauses
9.1. This Agreement shall be effective indefinitely.
9.2. In the case if contentious issues, the procedure for pretrial settlement by the Parties has been agreed upon.
9.3. All claims to the Service shall be sent to the e-mail address stated on the Service, with «Contentious issue» as the subject. The Service’s Admin sends the claims to the Student’s e-mail stated upon registration.
9.4. In the absence of agreement on the contentious issue within 35 (Thirty five) days from the date of the reception of the claim by the Service or the Student, the interested party is entitled to appeal to a judicial body of the Republic of Kazakhstan at the location of the Service’s Admin.
9.5. The Service shall not be liable for the failure of the telecom and energy networks or the hardware which ensures the functioning of the Service; malicious software, resulting in the termination or suspension of the Internet as a whole or as sections of the Web, involved in the execution of this Agreement; for the unlawful acts of the third parties aimed at gaining unauthorized access and (or) disrupting the Service’s activity.
9.6. This Agreement is subject to change by the Service’s Admin at any moment, resulting in the Customer’s responsibility to check the relevance of the Agreement’s text and careful familiarization with the published revisions.
9.7. The Service’s Admin shall take all necessary measures to notify the Customer of the revisions to this Agreement in advance, including mailing informational messages to the e-mails stated upon registration. However, the Customer’s responsibility to check this Agreement shall be a priority and the Student is not entitled to make claims to the Service’s Admins in case of disagreement with the changes on the grounds of failure to receive a notification.
9.8. In the case that the Service’s Admin granted access to the Online Course and/or Webinar free of charge, the law «On the protection of the consumers’ rights» shall not apply to these services.
9.9. The Service shall not be liable when a Student’s photo shows up on a web search engine in the case that the Student shared his photo on his Profile.