This offer is addressed to individuals (hereinafter referred to as the “Customer”) and is a public offer of Digitalfil, using your subconscious mind (hereinafter referred to as the “Contractor”) to conclude an agreement, which is posted on the Internet at: http: //digitalfil.com (hereinafter - “ Agreement "), under the following conditions:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes to provide information and consulting services (hereinafter referred to as the "Products" / "services") selected by the Customer, and the Customer undertakes to pay their cost to the Contractor.
1.2. In the context of this Agreement, the Products are the organization and conduct of copyright training (including online), providing access to electronic versions of video, audio courses and audio books, protected by Russian legislation in the field of intellectual property. Their list, terms of purchase and other conditions are presented at http://elenasomova.com/ (hereinafter referred to as the "site"). The training plan can be adjusted by the Contractor depending on the previous training of participants, goals and tasks.
1.3. In accordance with the terms of this Agreement, online training is a training conducted using remote communications (Internet) via video conferencing, in accordance with the Agreement and the rules for using the website and products posted on the website (hereinafter - the "Rules"), which are an integral part of this Agreement.
2. PRODUCT PRICE. SETTLEMENT PROCEDURE
2.1. The price of the Product is the price of the selected service, which is indicated on the site.
2.2. The Contractor may unilaterally change the price of the Product until it is paid by the Customer, by publishing a new price on the site.
2.3. The Customer pays for the selected Product by 100% prepayment on the date specified on the website and / or in the account sent by the Contractor to the Customer on his order. In some cases, the Contractor’s website may offer a different procedure for payment for the Product (deferment, installment plan, etc.).
2.4. Settlement between the Parties is carried out in a non-cash form by transferring funds to the Contractor’s current account, indicated in the account sent to the Customer on his order or to another convenient Customer using the opportunities provided on the website.
2.5. The product is considered paid from the date of crediting the corresponding amount to the Contractor's bank account within the agreed period.
2.6. Payment by the Customer of the Product is the conclusion of this Agreement (acceptance of the offer).
2.7. Refunds of funds paid by the Customer in the event of termination or expiration of this Agreement or the non-receipt by the Customer of the paid Product due to incomplete payment are not made. This condition remains valid and also applies after termination or termination of the Agreement.
2.8. The costs, including the banking commission, for the transfer of funds by the Customer under this Agreement are borne by the Customer.
3. PRODUCT PROCEDURE
3.1. In case of full agreement with all the conditions of this Agreement, the Customer fills in all the required fields of the order form on the website.
3.2. To confirm acceptance of the order, the Contractor sends the Customer an invoice for payment of the Product selected by the Customer. The Customer, in turn, is obliged to send a copy of the receipt to the Contractor’s email address (indicated on the invoice or from which the invoice was sent), which confirms the payment for the relevant Product.
3.3. The Agreement is considered concluded from the date of payment (partial payment by installments) of the Product in the manner specified in clause 2 of this Agreement or receipt of the Product, whichever comes first.
3.4. In order to receive the Product by e-mail, as well as in participating in online training, the Customer is obliged to provide technical capabilities and conditions for receiving information from the Contractor (Internet access, acceptable data transfer speed, etc.), in accordance with the terms of this Agreement , Rules and instructions of the Contractor (paragraph 1.2. Of the Agreement).
3.5. The schedule of trainings may be changed unilaterally by the Contractor. The Customer is informed about additional training conditions and / or changes in the procedure for its implementation by posting relevant information on the website and / or in a closed group on Facebook and / or using the communication tools (email, Skype, phone) that were specified by the Customer during registration order (registration).
3.6. If payment is made and it is reasonably impossible to take part in the training, as the Customer notified the Contractor at least 72 hours before the training, then within one year from the day of the missed training, at the request of the Customer, the Contractor or provides the Customer with access to the training audio version or provides the customer with the opportunity to undergo training with another group.
3.7. The product is considered to be provided by the Contractor upon its delivery (for example, conducting a training; providing electronic links to access online training, electronic versions of video, audio courses, audio books, etc.) and received, as well as accepted by the Customer in the absence of claims within seven days from the date of payment for the Product, and with participation in the training - from the date of the training (each stage separately), without sending the Customer the Contractor a return notification of receipt.
3.8. In case of partial prepayment of the Product and non-payment of the remainder of its value within the stipulated time period, the Contractor has the right to prevent or remove the Customer from participation in the training without a refund. After making full payment for the Product in the manner provided for in clause 2 of this Agreement, the Contractor shall in accordance with clause 3.6. Of the Agreement, provides the Customer with the Product (allows the Customer to participate in the training / provides him with access to the audio version of the missed training (his individual lessons), if the delay in payment is not more than a year from the date of the first payment.
3.9. The Customer understands and understands that during the training, television and / or video and / or audio recordings can be carried out, and by concluding the Agreement, the Customer gives permission to the Contractor to carry out such recording / recording and use its results in any form and by any means without agreement with the Customer, in including in all projects and / or events that are organized and / or conducted by the Contractor.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Customer Rights:
4.1.1. choose any of the proposed Products;
4.1.2. receive from the Contractor all the necessary information related to the Product in the manner and on the terms in accordance with the Agreement;
4.1.3. refuse the Product before its payment / first payment in installments;
4.1.4. receive paid Product;
4.1.5. unilaterally refuse this Agreement in cases provided for by the Agreement and the current legislation of Russia. Such a refusal does not oblige the Contractor to return the funds paid for the Products, with the exception of cases when the refusal occurred due to the Contractor's violation of the terms of the Agreement.
4.2. Customer Responsibilities:
4.2.1. pay for the selected Product in the manner and terms specified in clause 2 of the Agreement;
4.2.2. adhere to the Rules, instructions of the Contractor and the terms of this Agreement;
4.2.3. provide information to the Contractor for communication in accordance with clause 3.1. The contract;
4.2.4. notify the Contractor about the change of contact information (email, Skype, phone) by e-mail;
4.2.5. ensure the proper operation of the technical means for obtaining the Product;
4.2.6. not violate the Contractor’s copyright by distributing (transmitting, posting on the Internet, etc.) any information received by the Customer, including during the training, from video, audio courses and audio books.
4.3. The customer agrees not to perform the following actions:
4.3.1. make video and audio recordings of the training;
4.3.2. distribute video, audio recordings of the training in any of the possible ways;
4.3.3. distribute the materials of the Products in the form of decryption, that is, the translation of audio or video materials into text format, and translation into other languages;
4.3.4. use the information received from the Contractor for commercial purposes, by retelling or disseminating the knowledge and fundamentals received from the Contractor;
4.3.5. use the information and knowledge received from the Contractor, including (without limitation) in order to create a similar and / or competitive product or service or for the purpose of obtaining commercial or financial benefits;
4.3.6. organize or conduct own trainings or classes on the basis of trainings (webinars, etc.) of the Contractor;
4.3.7. to carry out actions aimed at disrupting the normal functioning and conduct of trainings;
4.3.8. transfer and / or provide access to or make the training broadcast program available to any third parties;
4.3.9. to allow the dissemination of false, false information, information defaming the honor, dignity, business reputation of the Contractor, trainers and other persons, as well as information that encourages and calls for interethnic, ethnic racial intolerance, hatred, war, the change of the political system of countries, information whose dissemination prohibited by applicable laws of Russia;
4.3.10. to carry out other actions not provided for by the Agreement and the Rules, but containing the composition of a criminal or administrative offense, or violating the rights and legitimate interests of the Contractor or third parties.
4.4. Rights of the Contractor:
4.4.1. independently determine the price of the Product;
4.4.2. make changes to the lesson schedule in accordance with paragraph 1.2. The contract;
4.4.3. to suspend the Customer from participating in the training in case of violation of the terms of the Agreement and the Rules, with subsequent provision of the Customer (at his request) with access to the training audio version by providing a link for downloading or listening;
4.4.4. update the content, functionality and user interface of the site and broadcast program at its own discretion. The Contractor has the right to inform the Customer about the modifications made by posting relevant information on the website and / or by letter to the email address and / or group chat;
4.4.5. during the training to carry out its audio, video;
4.4.6. Unilaterally withdraw from the Agreement without a refund in the following cases:
18.104.22.168. non-observance by the Customer of the order and term of payment;
22.214.171.124. violation by the Customer of section 7. of the Agreement, cl. 4.2., 4.3., 9.2. and clause 9.3. Of the contract.
4.5. Contractor Responsibilities:
4.5.1. provide the product selected and paid by the Customer, and in installments - in the paid part;
4.5.2. inform the Customer about additional conditions and upcoming changes in the training procedure (schedule, postponement of classes, etc.) by posting relevant information on the website and / or by letter to an email address, Skype and / or in a group on Facebook;
4.5.3. if necessary, provide the Customer with the materials necessary for participation in the training on the terms of the Agreement.
5. RESPONSIBILITY OF THE PARTIES
5.1. The parties for violation of the terms of this Agreement are liable in accordance with the current legislation of Russia.
5.2. The Contractor shall not be liable for violation of the terms of the Agreement in the event that the Customer provides inaccurate and / or incomplete information regarding himself at the time of placing the order, incl. contact information (email, Skype, phone, etc.), as well as if the Customer does not provide new contact information (email, Skype, phone).
5.3. If the Customer does not receive the Product through no fault of the Contractor or removes the Customer from participation in the training due to violation of the Agreement and / or the Rules, the funds paid by the Customer for the Product will not be returned.
5.4. The Contractor is liable for violation of the terms of the Agreement, only if improper execution occurred through his fault.
5.5. The Contractor is not responsible for modifying the training program and changing the class schedule, as well as for the quality of public communication channels through which access to the Products is provided.
6. FORCE MAJEURE
6.1. The Parties are exempted from liability for partial or full failure to fulfill obligations under this Agreement if this failure occurred as a result of the occurrence, effect and consequences of force majeure that arose after the conclusion of the Agreement and to which the Parties include: flood, fire, earthquake, explosion, storm , soil subsidence, epidemics and other natural phenomena, as well as war or military operations, power outages, interruptions in the Internet and other circumstances that arose not at the will of the Parties and which impede the fulfillment of the terms of this Agreement.
6.2. A Party must notify the other Party about the occurrence of force majeure circumstances no later than one day from the day they arose or from the day when it became possible to make such a notification, by posting relevant information on http://elenasomova.com/ or by electronic means (by mail, Skype, in a group on Facebook) or telephone.
6.3. After the termination (elimination) of force majeure circumstances, the Contractor may provide the Customer with access to the electronic version of the training (mp3) on the Internet or a link to download it or postpone the training to another date. In this case, it will be deemed that the Contractor has fulfilled its obligations under this Agreement in an appropriate manner.
7. WARRANTIES OF THE PARTIES
7.1. The Contractor, observing the quality of the services provided, does not guarantee absolute uninterrupted or error-free provision of services.
7.2. With the exception of warranties expressly indicated in the text of the Agreement, the Contractor does not provide any other direct or implied warranties under the Agreement and expressly disclaims any warranties or conditions with respect to non-violation of the rights to comply with services to specific goals of the Customer.
7.3. The Contractor is not an educational institution and does not issue any certificates, licenses, etc. The Contractor is not engaged in medical or any other medical or educational (pedagogical) activities.
7.4. By agreeing to the terms and accepting the terms of this Agreement by paying for the Product, the Customer certifies the Contractor and guarantees that:
7.4.1. The customer has provided reliable data, including his personal data, when registering on the site, as well as when drawing up payment documents for the payment of the Product.
7.4.2. It will not use the Contractor’s training in order to incite other training participants to use any products or services, including competitive ones.
7.4.3. The Customer concludes the Agreement voluntarily, while the Customer:
• fully acquainted with the terms of this Agreement
• fully understands the subject of the Agreement (offer);
• fully understands the significance and consequences of their actions in relation to the conclusion and execution of the Agreement.
7.4.4. The customer has all the rights and authority necessary to conclude and execute the Agreement.
8. DURATION OF THE AGREEMENT
8.1. The Agreement shall enter into force from the moment of its conclusion (Clause 3.3. Of the Agreement) and is valid until the Parties fully and properly fulfill their obligations under it or terminate it, which will come earlier.
8.2. In the event of a unilateral cancellation of the Agreement, the Party shall notify the other Party thereof at least ten working days before the desired termination date in the manner provided for in clause 9.8. of this Agreement.
9. FINAL PROVISIONS
9.1. The parties give their consent and do not oppose the use and processing of their personal data in accordance with the Federal Law of the Russian Federation No. 152-ФЗ dated July 27, 2006 “On Personal Data” (as amended on July 25, 2011) “On the Protection of Personal Data”.
9.2. The copyright for the materials provided under this Agreement belongs to the Contractor. It is not allowed to copy, reproduce, distribute or use them without the prior permission of the Contractor. The Customer acknowledges and agrees that all rights, title and profit from all intellectual property rights to the Products of the Contractor, all used copyright developments and materials belong to the Contractor (appropriate trainer, organization, etc.). Except for the rights of use provided for in this Agreement, the materials, knowledge, and development transferred to the Customer do not provide any intellectual property rights to them, as well as rights of use, except for personal non-commercial purposes. All rights reserved by the Contractor.
9.3. The Customer undertakes to indicate authorship and / or provide a link to the Contractor (on the Internet an active hyperlink to the website at: http://elenasomova.com/) for any written or oral mention or use of the Products, including materials and information obtained on training.
9.4. The parties agreed that the exchange or return of the Product, which is the subject of the Agreement, is not allowed. In the event of the conclusion of the Agreement, the Customer confirms the fact of providing the necessary information regarding the Product.
9.5. Discrepancies that arise during the execution of this Agreement shall be resolved through negotiations. In case of failure to reach agreement between the Parties, the dispute shall be considered in court.
9.6. In the event that one or more provisions of the Agreement are invalid for any reason and have no legal force, such invalidity does not affect the validity of any other provisions of the Agreement that remain in force.
9.7. Indication by the Customer of an email address, Skype and / or phone number means granting permission to send letters and / or SMS messages, incl. advertising character.
9.8. Any notifications, approvals under the Agreement, including the Customer’s applications regarding the provision of Products, and the Contractor’s responses to these applications shall be sent by one Party to the other Party by e-mail:
a) to the Customer’s email address (email) from which the application was sent or which was indicated by the Customer when placing the order, or in a message about their replacement, from the Contractor’s email address, if the recipient is the Customer;
b) to the Contractor’s email address, from the Customer’s email address from which the application was sent or indicated by him when placing the order, or in a message about their replacement, if the recipient is the Contractor.
9.9. Under this Agreement, the Contractor's Party may be: IE Somova Elena Evgenievna, Individual Entrepreneur Somova Elena Evgenievna.
9.10. The parties agreed that material relations of Russia shall apply to the relations that arose between them on the basis of the Agreement.
9.11. With Customers - non-residents of Russia, all disputes, disagreements or claims arising or relating to this Agreement or in connection with it, including its violation, termination (termination) or invalidity shall be resolved in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of Russia (hereinafter - “The Court”). The seat of the Court is Moscow, Russia. The Court’s consideration of the case is carried out with the participation of three arbitrators on the basis of the procedural law of Russia in accordance with the law of the Russian Federation “On International Commercial Arbitration”, the rules of the Court and the law of the Russian Federation applied to disputed legal relations. The language of the proceedings is the state language of the Russian Federation.
9.12. The parties are entitled at any time to draw up the Agreement in the form of a written bilateral document.
The rules for using the site and products (hereinafter referred to as the “Rules”) determine the procedure for using the site http: //digitalfil.com/ (hereinafter referred to as the “site”), participating in trainings and providing access to electronic versions of video, audio courses and audio books ( hereinafter referred to as “Products”)
1. The right to use the site and the Products is available to persons who have reached full civil legal capacity in accordance with the personal law of an individual, on the basis of the Law of Russia "On Private International Law" of September 30, 2013 N 260-ФЗ (hereinafter - the "Users").
2. All copyrights to the information materials posted on the site and provided while using the Products belong to How to get everything you dream using your subconscious.
3. It is not permitted to use information obtained while using the site and / or Products without permission How to get everything that you dream using your subconscious mind. Users are prohibited from copying, reproducing, distributing and / or using information obtained in the process of using the site and / or Products for a different purpose than using it for personal purposes.
4. To use the site and / or Products, Users must ensure the smooth operation of a compatible technical device (iPad and other tablets are not such a device), access to the Internet (Google Chrome browser), have a Gmail mailbox and, if necessary, appropriate software software (Skype).
5. How to get everything that you dream about using your subconscious does not guarantee and is not responsible if during the use of the site and / or Products there will be data loss and / or damage, computer virus attacks, interference and / or other security breaches computer (other technical device).
6. Informing the Users of the site and / or Products is carried out by posting the corresponding message on the site and / or can additionally be done by sending messages, in particular by email, phone or other means of communication specified by the User.
7. While using the site, Products, participation in trainings, programs, social networks, pages, etc. Users are prohibited from:
7.1. post advertising information (sale of goods and / or services);
7.2. Offer to participate in network marketing programs
7.3. make calls for a violent change or overthrow of the constitutional order or for the seizure of state power; calls for a change in the administrative limits or state border of the Russian Federation, violation of the procedure established by the Constitution of the Russian Federation; calls for pogroms, arsons, destruction of property, seizure of buildings or structures, forced eviction of citizens; calls for aggression or the outbreak of military conflict;
7.4. Use foul language
7.5. post other information prohibited by the legislation of Russia;
7.6. disrupt the training plan;
7.7. create noise during the training;
7.8. unethical behavior, including insult and humiliate the honor and dignity of other Users and representatives; How to get everything you dream about using your subconscious;
7.9. disseminate information received from other Users, participants in trainings, programs, social networks, etc.
8. Messages that contain information, the list of which is presented in paragraph 7 of the Rules, will be deleted with additional information about this violator. In case of repeated posting of such a message, the violator will be deprived of the right to post any comments (excluded as an active user) in the relevant programs, social networks, pages, etc.
9. If you have any questions about using the site and / or Products, communication with How to get everything you dream about using your subconscious mind is done by correspondence using the service available on the site in the “Contact Us” section in the form of a question -responses with the obligatory filling by the Users of the form “Contact Form” or by other means indicated on the site.
10. How to get everything that you dream about, using your subconscious mind does not guarantee the smooth operation of the site, the compatibility of the site with technical devices of Users and warns about the possibility of errors in the site.
11. In the event that a potential threat of defeating technical devices with viruses that are contained in Users' electronic messages is detected, How to get everything you dream using your subconscious has the right not to open them (not to get acquainted with the content of such messages), which warns Users. In case of repeated sending of such a message, How to get everything you dream about, using your subconscious, has the right not to respond to further messages of Users.
13. All information about the Products is available on the website, in accordance with the Law of the Russian Federation “On Protection of Consumer Rights” dated 07.02.1992 N 2300-1 (current version dated 05.05.2014).
14. The information contained in the messages posted by Users during the trainings, programs, groups of programs on social networks How to get everything you dream using your subconscious, website, etc., can be published How to get everything what you dream about using your subconscious mind on other information resources with a link to the author.
15. By registering for trainings, programs, etc., Users agree to the use of their images taken during their conduct.
16. How to get everything you dream about using your subconscious mind reserves the right to change the terms of the Rules at any time by posting their new edition on the site. The new edition of the Rules begins to operate from the day of publication.