Public Offer for the provision of services for conducting wedding dance courses/lessons
VIZART USA LLC (hereinafter — CONTRACTOR) hereby provides any individual or legal entity and individual entrepreneur (hereinafter — CUSTOMER) to enter into the Agreement herein for the provision of services for conducting wedding dance courses/lessons (hereinafter — the Agreement).
If you accept the terms and conditions set out below and pay for the services, you accept this offer becoming the CUSTOMER (acceptance of the offer is equivalent to entering into the Agreement on the terms and provisions set out below).
In connection with the abovementioned, carefully read the text of this Agreement and, if you do not agree with any clause of the Agreement, the CONTRACTOR offers you to refuse any actions necessary for acceptance or enter into a personal agreement on the terms discussed separately with the CONTRACTOR.
Full and unconditional acceptance of this offer is the CUSTOMER’s payment for the services offered by the CONTRACTOR.
CONTRACTOR may amend the Agreement from time to time. Amendments will be effective upon CONTRACTOR’S posting of such updated Agreement at official web-site http://wed.smart-spy.ru/ or in the amended policies. Your continued access or use of the services provided by the CONTRACTOR after such posting confirms your consent to be bound by the Agreement, as amended. If CONTRACTOR changes this Agreement after the date you first agreed to the Agreement (or to any subsequent changes to this Agreement), you may reject any such change by providing CONTRACTOR written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided by email from the email address associated with your Account to: [email protected]. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Agreement. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of this Agreement as of the date you first agreed to the Agreement (or to any subsequent changes to this Agreement).
CONTRACTOR’S collection and use of personal information in connection with the services is described in CONTRACROR’s Privacy Statements located at http://wed.smart-spy.ru/.
TERMS AND DEFINITIONS:
Agreement, this Agreement – a public offer (Contract, Offer, Public offer) to any individual or legal entity, as well as an individual entrepreneur to conclude an Agreement to receive services for conducting wedding dance courses/lessons on the terms set out below.
Acceptance – full and unconditional acceptance of the terms of this Agreement, carried out in accordance with the terms established by the Agreement.
Customer – an individual, including one registered as an individual entrepreneur, as well as a legal entity that purchased the services for conducting wedding dance courses/lessons in accordance with the procedure provided for in this Agreement, confirmed by receiving an electronic notification. For the purpose of fulfilling obligations under the Agreement, the CUSTOMER is the person who has passed verification and accepted the Agreement. The CUSTOMER who accepted the Agreement and passed verification bears all the risks associated with receiving the Services and the content of the web-site by any third party not authorized to receive it.
Customer’s personal information — any information related directly or indirectly to a specific or identifiable individual (subject of personal data), namely: personal information that the Customer provides about themselves during Verification and acceptance of the Agreement or during the use of the Services, including the Customer’s personal data; other information about the Customer, the collection and/or provision of which is determined and negotiated with the Customer individually and is subject to protection in accordance with the personal data’ legal regulations, as well as data that is automatically transmitted during the use of the Services, including, but not exclusively: IP, MAC, ICCID addresses, data or other unique data about the Customer’s equipment, phone numbers, regional codes, etc.;
Document — an electronic file with legally significant information recorded in it in text and/or media formats, or a combination of them, including the mandatory document details, set out in English, available for study without the use of special non-legal (for example, technical, medical, financial) knowledge.
Electronic correspondence — electronic messages, documents, copies of documents or other material media containing information, as well as any other information transmitted by electronic means of communication.
Identification data – a set of information about the CUSTOMER provided during Verification and acceptance of the Agreement, which serves to determine the identity between the person who owns it and the CUSTOMER.
Payment (amount) – the cost of services for the selected online dance class.
Services – services for conducting wedding dance courses/virtual dance lessons providing by the CONTRACTOR or by the third parties to the CUSTOMER through the web-site http://wed.smart-spy.ru/ (hereinafter – Online wedding dance courses) or personally with the CUSTOMER via Zoom or other similar electronic means (hereinafter – Virtual dance lessons).
Third Parties – an individual, including one registered as an individual entrepreneur, as well as a legal entity, who verified by the CONTRACTOR as an allowed User to publish the video – materials related to conducting Online wedding dance courses/Virtual dance lessons through the web-site http://wed.smart-spy.ru/ or otherwise verified by the CONTRACTOR to conducting Offline dance classes.
Verification – a set of actions aimed at identifying the CUSTOMER as the person who accepted the Agreement and received the Services.
1. GENERAL PROVISIONS
1.1. The subject of this Agreement is the provision by the CONTRACTOR or by the Third parties of Services for conducting online wedding dance courses/virtual dance lessons, including both Online wedding dance courses and/or Virtual dance lessons, hereinafter collectively referred to as Wedding dance courses/lessons, for the CUSTOMER. A detailed description of the Wedding dance course/lesson itself can be found on the CONTRACTOR’s website at the address of the certain Wedding dance course/lesson page.
Under this Agreement, the CONTRACTOR provides Services for the preparation and conduct of Wedding dance courses/lessons specified in this paragraph.
Services can be provided either directly by the CONTRACTOR or by Third parties involved.
1.2. The terms and duration of the Online wedding dance course are indicated on the Online wedding dance course web-page. The period during which the CUSTOMER is available to have an access to view of the Online wedding dance course is 2 (two) months.
1.3. The terms and duration of the Virtual dance lesson are indicated on the Virtual dance lesson web-page. The certain time of conducting the Virtual dance lesson via Zoom or other electronic means shall be mutually agreed by the Parties.
1.4. Participation in the Online wedding dance course is carried out by means of online viewing (viewing via the Internet) of videos that make up the Online wedding dance course in its complex, as well as performing tasks of the CONTRACTOR.
1.5 Conclusion by the CUSTOMER of the present Agreement is carried out by performing the following actions (the acceptance of the public offer):
1.5.1. To create a personal account on the website http://wed.smart-spy.ru/ on the page of the Wedding dance course/lesson and/or subdomains of the site.
1.5.2. To pay for participation in the Wedding dance course/lesson (by clicking the “pay” button, the CUSTOMER agrees to the terms of this Agreement).
1.6. The Cost of participation in the Wedding dance course/lesson is indicated on the CONTRACTOR’s website on the page of the Wedding dance course/lesson, and information about the cost can be received by email.
1.7. This Agreement is considered concluded and is valid for the Parties from the date of payment for Services by the CUSTOMER. Payment shall be made in the amount of 100% prepayment (advanced payment). The payment date is the date when funds (the Cost) are received to the CONTRACTOR’S Bank account.
2. TERMS OF PARTICIPATION IN THE WEDDING DANCE COURSE/LESSON
2.1. To participate in the Wedding dance course/lesson, the CUSTOMER shall the form of the personal Account posted on the website (perform “Verification” – a set of actions aimed at identifying you as the person who made the acceptance of the Terms and Conditions) and to select the Wedding dance course/lesson, clicking on the web-page with this Wedding dance course/lesson. During the process of Verification all necessary information can be provided by email [email protected].
2.2. To form an Application, the CUSTOMER shall provide the following information:
- contact e-mail.
After filling all the fields of the form of personal Account specified at this paragraph, the CUSTOMER intending to obtain the Services, confirms the correctness and authenticity of the data and expresses a desire to apply through activation of a field of this type as “Next” or other similar functionality. At the same time, the person puts “V” signs in front of the graph such as “I agree with the public offer”, “I agree with the policy on personal data processing”, ” I agree with processing of my personal data “, “I agree to receive information and advertising mailings”.
2.3. The CUSTOMER pays for Services under this Agreement in amount fixed by the CONTRACTOR in accordance with the information concerning the price of each Wedding dance course/lesson, specified in the CONTRACTOR’s website at the address of the certain Wedding dance course/lesson page.
2.4. Payment for the CONTRACTOR’s Services shall be made using one of the following methods:
- by paying with electronic money;
- by paying to the CONTRACTOR’s Bank account.
- in other ways by prior agreement with the CONTRACTOR.
If a payment is made using a Bank card, the CUSTOMER is recommended to use a Bank card issued to the CUSTOMER’s name. In the case of a refund of the paid Cost, the refund is made using the same details as the payment was received, and on the basis of a personal application of the person in whose name the Bank card was issued. Payment will not be accepted if the CUSTOMER finds a violation of the terms of payment established by this Agreement and the laws of the United States of America.
2.5. By accepting the terms of this Public Offer (Agreement), the CUSTOMER agrees to the processing (hereinafter referred to as PD Processing) by the CONTRACTOR of the provided information and/or the personal data in accordance with current legislation. Personal data processing is performed using automation tools or without using such tools with personal data, including collection, recording, systematisation, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalisation, blocking, deletion, destruction of personal data in order to fulfil the CONTRACTOR’s obligations under the terms of this Agreement, other obligations stipulated by the Agreement, as well as in order to meet the requirements of regulations on countering the legalisation of money obtained by criminal means and other regulations.
The terms of using the personal data provided by the CUSTOMER is unlimited. The CUSTOMER also agrees to the processing and use of the information and/or personal data provided by the CONTRACTOR with the purpose of implementing specified by the CUSTOMER contact phone number and (or) contact e-mail newsletter (about Wedding dance courses/lessons of the CONTRACTOR) and/or promotional emails about Services of the CONTRACTOR and/or partners of the CONTRACTOR.
Consent to receive the mailing list is considered to be granted indefinitely until the CONTRACTOR receives a written notification by email [email protected] refusal to receive mailings or change the selected options in the CUSTOMER’s personal account, formed by the CONTRACTOR when registering the CUSTOMER on the web-site http://wed.smart-spy.ru/. The CUSTOMER also agrees to transfer the information and/or personal data provided by the CONTRACTOR to third parties for the purposes of performing the actions provided for in this paragraph, if there is a properly concluded agreement between the CONTRACTOR and such third parties.
2.6. From the moment of payment the person shall be verified as a Client (CUSTOMER), while a CONTRACTOR comes from an understanding that while unless otherwise stated in the judicial act entered into legal force, the sequence of passing by such person of all stages of the verification, including the implementation of any such person making the payment, is sufficient proof of the validity of the will of such person on acceptance of the Public Offer (Agreement) and proof of his authority, capacity and competence, the validity of the Identification data provided during the verification and acceptance of the Agreement.
2.7. When paying for services by a third party, in particular a legal entity, CUSTOMER should contact the CONTRACTOR directly to enter into a corresponding Agreement or invoice, in writing.
2.8. The refund of payment for Online wedding dance course can be made only until the providing by the CONTRACTOR of the access to the Online wedding dance course to the CUSTOMER. After the CONTRACTOR provides the CUSTOMER with the link to Online wedding dance course or provides an access to the Online wedding dance course in another way, the CUSTOMER shall not have any rights to apply for refund.
2.9. The refund of payment for Virtual dance lesson can be made only until 24 hours before the time, agreed by the Parties as a time to conduct Virtual dance lesson to the CUSTOMER. If the CUSTOMER cancels the Virtual dance lesson less 24 hours before the agreed by the Parties time to conduct Virtual dance lesson and/or does not attend the Virtual dance lesson, the CUSTOMER shall not have any rights to apply for refund.
3. RIGHTS AND LIABILITIES OF THE PARTIES
3.1. the CONTRACTOR is obliged:
3.1.1. To provide the necessary information to create a personal Account of the web-site for the provision of Services. Information is placed within the web-site: http://wed.smart-spy.ru/.
3.1.2. To provide consulting support regarding the Services provided, the procedure and rules for creating a personal Account by email (email address for contacting the CONTRACTOR: [email protected]).
3.2. the CONTRACTOR has the right:
3.2.1. In case of non-introduction (or not in full) suspend the CUSTOMER’s ability to use the Services until the payment is made in full.
3.2.2. At any time make changes and amendments to this Public offer, as well as to other documents posted on the Internet in connection with the provision of Services, without notifying and informing the CUSTOMER about it.
3.3. the CUSTOMER is obliged:
3.3.1. Independently and timely to read and acknowledge all conditions prior to filing the information in the personal Account, as well as all the changes and amendments to these conditions, the current version of the Agreement each time visiting the site (pages), upon acceptance of the Public Offer (Agreement). The CUSTOMER is solely responsible for the occurrence (risk of occurrence) of adverse consequences for him in connection with the failure to fulfil the obligations specified in this clause 3.3.1.
3.3.2. During the process of making an Application, to fill in the required mandatory fields (according to clause 2.2 of this Agreement) of the Application page with reliable information.
3.3.3. To make a payment under the Agreement.
3.3.4. To immediately notify the CONTRACTOR of any changes to their contact details in writing via contact e-mail.
3.3.5. To take all precautions during performing Wedding dance courses/lessons.
3.4. the CUSTOMER has the right to:
3.4.1. Require from the CONTRACTOR to comply with the terms of this Agreement.
3.4.2. Have an access to Wedding dance courses/lessons during 2 (two) months from the date of payment under the Agreement.
4. LIABILITY AND RESPONSIBILITY OF THE PARTIES
4.1. In cases of non-performance or improper performance of the obligations under the Agreement, the Parties shall be liable in accordance with US law, subject to the terms of this Agreement.
4.2. The CONTRACTOR shall not be responsible in case of improper execution of this Agreement, if improper performance was the result of the inaccuracy, failure or delays of CUSTOMER’s information, as well as other violations of the terms of this Agreement by the CUSTOMER.
4.3. The CONTRACTOR provides the Services “as is”. The CONTRACTOR is not responsible for non-compliance of the provided Service with the CUSTOMER’s expectations and/or for its subjective assessment. Such non-compliance with expectations and / or a negative subjective assessment are not grounds to consider the Services rendered not of high quality, or not in the agreed volume.
4.4. The CONTRACTOR is released from liability for full or partial non-performance of obligations provided for in this Agreement, if this non-performance was the result of force majeure circumstances that arose after the conclusion of the Agreement, as a result of extraordinary events that the Parties could not have foreseen or prevented by reasonable measures (force majeure).
4.5. The CUSTOMER is obliged to provide reliable information during the process of creating a personal Account.
4.6. If the CUSTOMER, for reasons beyond the control of the CONTRACTOR used the Services and has not notified the CONTRACTOR of his desire to abandon the Services in the manner provided in this Agreement, the Services are considered supplied in the prescribed amount, specified by the CUSTOMER when applying for the conclusion of this Agreement.
4.7. The CONTRACTOR is not responsible for any personal injuries that the CUSTOMER received while performing Wedding dance courses/lessons.
5. DISPUTES SETTLEMENT
5.1. All disputes and disagreements arising in connection with the performance of this Agreement shall be resolved by the Parties through negotiations.
5.2. In case no agreement is reached between the Parties, all disputes shall be resolved in judicial order in accordance with the laws of the United States.
6. INTELLECTUAL PROPERTY
6.1. This Agreement is subject, among other things, to the characteristics of a license agreement.
6.2. The CONTRACTOR has all rights to Wedding dance courses/lessons (works) in accordance with this Agreement.
6.3. The CUSTOMER is granted a non-exclusive right to use the work, mentioned in paragraph 6.2 above, in the way of viewing. In this case, the recording of works on electronic media, including recording in computer memory, is also considered as a reproduction, and is strictly prohibited.
6.4. The CUSTOMER shall use the work personally and not for commercial use.
6.5. The Cost of a Wedding dance course/lesson includes the remuneration of the CONTRACTOR for granting the right to use and related to copyright: that of the fee for a Wedding dance course/lesson is 1% and related to copyright, which is also 1%.
6.6. The CUSTOMER is obliged to submit to the CONTRACTOR reports on the use of works, the right to use which is granted under this Agreement, on the basis of the CONTRACTOR’s requests, in the form, content and in the manner specified in these requests.
6.7. During the entire period of validity of this Agreement for the CUSTOMER, the CUSTOMER is entitled to use the works in the ways specified above.
6.8. The CONTRACTOR, from the moment of granting the CUSTOMER the right to access the work, on a paid basis, grants a non-exclusive right to the CUSTOMER, in the amount and for the period provided for in this Public Offer (Agreement).
6.9. The rights to use the work shall be transferred by providing an access to Wedding dance course/lesson.
6.10. The CONTRACTOR owns the rights to the Page (Site, Landing page), including the rights to any intellectual property results included in it, including software code, design works posted on the Site, texts, as well as means of individualisation (brand name, trademarks, service marks, commercial designations).
6.11. The use of the Site does not involve the transfer of rights to the Site or its components. The CUSTOMER is granted a limited right to use the Site in accordance with the terms of the Agreement. Such right may be terminated at any time in accordance with the terms of the Agreement and other agreements between the Parties.
6.12. The CUSTOMER may not use the results of intellectual activity published on the Site (including, but not limited to: text, design elements, graphic images, as well as The site’s program code, any Site content) without the prior written consent of the CONTRACTOR (including, but not limited to, reproduce, copy, process, distribute in any form).
6.13. All Site services are provided “as is”. The CONTRACTOR does not guarantee that the Site will be available at any time.
6.14. The CUSTOMER does not have the right to request any changes to the Site’s services or data.
6.15. The CONTRACTOR is not responsible for the commercial suitability of the Site, does not guarantee that the Site meets certain special requirements of the CUSTOMER or the ability to configure sections of the Site in accordance with the customer’s preferences. The CONTRACTOR also does not guarantee that the Site software is completely free from defects and errors, and must function smoothly and without fail.
6.16. The use of the Site is carried out by the CUSTOMER solely under their own responsibility and at their own risk. The CONTRACTOR does not guarantee the proper functioning of the Site and is not responsible for any harm caused to the CUSTOMER as a result of using the Site. The administration is not responsible for the risk of adverse consequences that will occur or may occur as a result of non-compliance of the equipment, other software or communication channels used by the CUSTOMER with the established requirements for the protection of personal data from unauthorized (illegal) attacks by third parties.
6.17. The CONTRACTOR makes all reasonable efforts to prevent failures and malfunctions in the operation of the Site, but does not guarantee its uninterrupted operation, is not responsible for it and does not undertake to notify the Client of interruptions.
6.18. The CUSTOMER does not have the right to use the Site for sending advertising messages and other actions that are not directly related to the use of the Site.
7.1. This Agreement is valid until the Parties fulfil all their obligations.
7.2. The CUSTOMER’s Application, which is filled out on the CONTRACTOR’s website, is an integral part of this Agreement.
7.3. By entering into this Agreement, the CUSTOMER agrees to use information about themselves, their relationship with the CONTRACTOR, their personal data, data about their business and income transmitted to the CONTRACTOR under this Agreement, the publication of materials about the fact of receiving services from the CONTRACTOR by mass media — television, radio, on the Internet, printed publications, social networks, as well as the publication of these materials on the official website and social resources of the CONTRACTOR. Consent to the processing of personal data is an integral part of this Agreement.
7.4. In all other matters that are not provided for in this Agreement, the Parties will be governed by the applicable laws of the United States of America.
7.5. The CUSTOMER confirms that all the terms of this Agreement are clear to him, and he accepts them unconditionally and in full.
7.6. The CUSTOMER confirms that has all the rights and powers required for the conclusion and execution of this Agreement.
8. THE CONTRACTOR:
VIZART USA LLC
Postal address: 340 Hauser Blvd, Unit 120 Los Angeles, CA 90036.
Registered address: 14 GUILFORD ST. STATEN ISLAND, NY, 10305 (for: VIZART USA LLC).
Email: [email protected]
Routing number 021000021
Account Number 592889106
JPMorgan Chase Bank, N.A.