Public offer
Public offer
Offer for the provision of paid educational services for online courses
LLC "EXCLUSIVE EDUCATION", a legal entity, officially registered in accordance with the laws of the Republic of Uzbekistan, having the License for the right to carry out activities of non-governmental educational institutions NAS UZ 001.MO.0591-05 from 20.07.2015, extended under No. 021103 from 09.09.2022, hereinafter referred to as the "Contractor", represented by Director Klimov A.S., acting on the basis of the Charter, hereby offers any interested capable natural person, hereinafter referred to as the "Customer", to conclude an Agreement on provision of paid educational services on the following terms and conditions.
1. Термины и определения
Основные понятия использующиеся в данном документе
"Services" - educational services that include training of the Customer on the Online Course selected by the Customer, the description, and terms of training on which are published by the Contractor on the Portal in the information and telecommunication network Internet at the address: https://www.beshplus.uz/. At that, the selection of the Online Course is carried out by the Customer by means of performing a number of actions of technical nature in the graphical interface of the Portal. "Online Courses" - general educational programs for children and adults, developed by the Contractor and placed on the Portal, which are implemented by the Contractor with the use of e-learning and distance learning technologies. "Customer" - any capable natural person, resident, or non-resident of the Republic of Uzbekistan, who has reached the age of 18 years and concludes with the Contractor a contract on paid educational services for self-study or for the education of a minor child, for whom the Customer pays tuition fees. In the context of the contract, the term "Customer" includes both the learning Customer himself and the payer of his tuition, and the minor for whom the Customer pays. "Portal" - an information resource (website) intended for placing Online Courses, located at the following address in the Internet: https://www.beshplus.uz/ . "Registration" - the Customer's actions to fill in and send the registration form posted on the Portal. "Specification" - an annex to the Agreement, drawn up to define qualitative and quantitative characteristics of the services provided. "Authorization" - entry by the Customer of his login and password to enter his account on the Portal. "Working days" - days based on a five-day working week (all days of the week, except Saturdays and Sundays), which are not public holidays in accordance with the current legislation of RUz.
2. Общие положения
Статус настоящего документа
2.1. This document, in accordance with Article 367 of the Civil Code of the Republic of Uzbekistan, is an official public irrevocable offer of the Contractor addressed to the Customer to conclude an agreement on the provision of paid educational services (hereinafter - the "Agreement") on the terms and conditions set out in this document. 2.2. Full and unconditional acceptance of this offer in respect of the Online Course chosen by the Customer is ticking the box on the Contractor's Portal next to the inscription "I accept the terms of the Public offer" and payment for the Services on the relevant Online Course in the manner prescribed by Section 5 of the Agreement. 2.3. Acceptance of the offer means that the Customer has carefully read and agrees with all the provisions of the agreement, and undertakes to follow these provisions. From the moment of acceptance of this offer by the Customer, the contract between the Customer and the Contractor shall be deemed concluded. Any annexes, changes and additions to this offer are an integral part of it.
3. Предмет Договора
Описание предоставляемых услуг
3.1. The Executor undertakes to render Services, and the Customer undertakes to pay for the Executor's Services under the terms and conditions of the Agreement. 3.2. The Services are rendered by providing the Customer with access to the Portal for mastering the Online Course chosen by the Customer, viewing educational and methodical materials necessary for their mastering, as well as taking measures to assess the results of mastering the Online Course (interim and final certification). 3.3. The form of training is distance learning full-time. Training is conducted in Russian, Uzbek and English languages. 3.4. The technology of education - with the use of exclusively electronic learning, distance education technologies in full.
4. Права и обязанности сторон Договора
Описание прав и обязанностей сторон
4.1 The Customer is obliged to: 4.1.1. before concluding the contract to read and familiarize himself with the terms and conditions of the offer, as well as to ensure familiarization with its terms and conditions of the teaching minor child. In this case, the Customer guarantees that after the acceptance of the offer, he will not challenge the terms of the contract, referring to the fact that these terms of the contract were not read by him completely, or were not read at all, as well as or the Customer did not understand some of the terms of the contract. 4.1.2. to provide true, complete and accurate information about himself/herself when registering on the Portal; 4.1.3. not to mislead the Contractor about his/her or the minor child's identity when registering on the Portal and during interim and final attestation; 4.1.4. keep the information provided during Registration up to date; 4.1.5. to independently monitor the dates of the beginning of the provision of Services, to master the Online Course program in full in accordance with the curriculum, including to fulfill the established volumes of academic load and independent work, to pass interim and final certification within the terms established by the Contractor; 4.1.6. to master the Online Course only for the purpose of acquiring knowledge, skills, abilities and competence (i.e. training); 4.1.7. not to record, not to distribute (publish, post on Internet sites, copy, transfer or resell to third parties) for commercial or non-commercial purposes the information and materials provided by the Executor to the Customer under the contract, to create on its basis information products for commercial profit, as well as to use this information in any other way, except for personal use; 4.1.8. to adhere to the established schedule of the training program, the purpose and essence of the Executor's assignments, to comply with the terms of homework, to comply with the recommendations and requirements of the Executor within the framework of rendering services under the contract, to ensure his direct participation in the courses according to the purchased Service; 4.1.9 Observe the rules of conduct on the courses, as well as show respect to the Contractor and other participants of the training program; 4.1.10. not to transfer to third parties the login and password received during Registration; 4.1.11. to pass the intermediate and final certification on the Online Course, to follow the Executor's instructions when passing the intermediate and final certification events in order to ensure the identification of the person and control the conditions of these events; 4.1.12. not to carry out actions aimed at gaining access to someone else's account on the Portal by means of login and password selection, hacking or other actions; 4.1.13. pay for the Services in accordance with Section 5 of the Agreement. 4.1.14. not to publish on the Website messages containing obscene language and its derivatives, as well as not to allow actions that may be recognized as: a) propagandizing hatred, discrimination on racial, ethnic, sexual, religious, social grounds; b) insulting the Executor, other users and (or) third parties, defaming their honor, dignity and business reputation; c) violating the legislation on personal data; 4.1.15. refrain from and prevent actions related to any operations with information, content and objects, the distribution of which is limited or prohibited by the legislation of RUz, rights of third parties or the Agreement, including: (i) malicious computer programs; (ii) results of intellectual activity of third parties for which the Customer has not received appropriate authorization; (iii) confidential information; 4.1.16. independently organize a workplace, including having a personal computer or other portable (mobile) device with access to the Internet at a speed not lower than 5 Mbit/s, equipped with headphones and a microphone, as well as with installed software, necessary and sufficient to receive the purchased Service; 4.1.17. immediately notify the Provider of any circumstances that may lead to a breach of any contractual obligations and/or representations and warranties; 4.1.18. independently follow all updates and changes to the information posted by the Executor on its Portal; 4.1.19. not to change in any way the program part of the Portal, from which the Services are rendered, not to perform any actions aimed at changing the functioning and operability of the Portal; 4.1.20. not to place personal data of third parties on the Website without their consent, including home addresses, telephone numbers, passport data, e-mail addresses; 4.1.21. not to place commercial advertisements, commercial offers, agitation information and any other intrusive information on the Website, except for the cases when the placement of such information is agreed with the Executor. 4.2 The Customer has the right: 4.2.1. to receive full and reliable information from the Executor about the evaluation of his knowledge on the Online Course, as well as evaluation criteria; 4.2.2. to unilaterally withdraw from the Contract at any time on condition of payment for the Services actually rendered up to the moment of the Contract termination; 4.2.3. after registration and authorization to take 1 trial lesson free of charge on one subject. 4.2.4. contact the Executor on issues related to the educational process. 4.3 The Executor is obliged to: 4.3.1. to place on the Portal up-to-date information about the Online Course, including the content, scope, cost and terms of the Online Course; 4.3.2. enroll the Customer in the Online Course as a student provided that the Customer complies with the terms and conditions of the Agreement; 4.3.3. organize and ensure proper provision of the Services under the Agreement. The Services shall be rendered in accordance with the curriculum and other documents regulating the educational process of the Online Course (including the description of the Online Course on the Portal), as well as local normative acts of the Contractor; 4.3.4. to ensure that the certificate of state registration, license for educational activity, certificate of state accreditation of the Contractor, as well as information about educational programs implemented by the Contractor, documents regulating the organization and implementation of educational activity are placed on the Contractor's Portal in public access; 4.3.5. create necessary conditions for the Customer to master the Online Course; 4.3.6. provide interim and final attestation of the Customer meeting the requirements established in the description of the Online Course; 4.3.7. in case the Customer has successfully mastered the Online Course in full, to issue a document on mastering the Online Course (Certificate) in electronic form at the Customer's request; 4.4 The Contractor has the right to: 4.4.1. to independently carry out the educational process on the Online Course, to choose and change (including in the process of mastering the Online Course by the Customer) the grading systems, forms, procedure and frequency of interim and final attestation, terms of mastering the Online Course; 4.4.2. expel the Customer upon completion of training, as well as before completion of training in case the Customer violates any of the terms and conditions of the Agreement and on other grounds stipulated by the legislation of RUz. In case of termination of the Agreement on the grounds specified in this clause, no refund of the cost of services shall be made to the Customer; 4.4.3. refuse to provide services to the Customer in case the payment for the selected Service is not received in due time; 4.4.4. to change the terms of this public offer and additions to the public offer without prior agreement with the Executor, ensuring the publication of the changed conditions on the Executor's Portal at least 5 (five) calendar days before their entry into force. 4.4.5. to postpone classes to any convenient day, having placed this information on the Portal not less than 30 minutes prior to the beginning of the scheduled class.
5. Порядок регистрации и оказания Услуг
Описание процесса оказания Услуг пользователю
5.1. To receive the Executor's services the Customer must register and authorize on the Executor's Portal. 5.2. If the Executor has no objections to the Customer's registration, the Customer's account is created with a login and password for access to the Portal. 5.3. To activate the account, the Customer must confirm his registration via a message sent by the Executor to the Customer's e-mail specified during registration. 5.4. The Provider may, at its discretion, use additional procedures to activate the account, including: a) prompting Customer to confirm registration by recognizing an automated test designed to distinguish between computers and humans ("captcha"); b) sending the registration code by SMS-message to the Customer's cell phone number specified by the Customer during registration. 5.5. Payment for the Services shall be made in the order of 100% prepayment. In order to pay for the Services, the Customer should perform the following actions: a) In the "Tutors" section of the Portal the Customer selects the Tutor with whom he/she intends to study, books convenient days and time of lessons, clicks the "Book" button. b) After that, the Customer goes to the page with the selection of tutoring packages, among which the Customer chooses the package that suits him/her. c) The Customer may then proceed to pay for the Services by clicking on the "Pay" link. The Customer will be presented with a payment page where he/she should choose one of the payment methods and proceed to payment for the Services. - Residents of RUz pay for courses using payment systems such as Payme, Click, Paynet and others. - Non-residents of RUz pay for courses using payment systems such as MasterCard, Visa and others. 5.6. Payment for the Services is made by non-cash transfer of funds to the bank accounts of the Contractor specified in Section 12 for payment on the Portal. 5.7. The Customer's obligation to pay for the Services shall be deemed fulfilled from the date of receipt of funds to the Executor's account. 5.8. Confirmation of receipt of payment through payment systems by means of an electronic personal account in payment systems or other communication, including the use of information and telecommunication network "Internet" within the framework of this offer shall be equated to a legally significant document. 5.9. In case the Customer intends to execute the contract in person or pay in cash or through a terminal, such procedure shall be carried out at the address of the course location specified in Section 12 of this offer. In this case, the Customer is obliged to comply with all necessary sanitary and epidemiological measures to prevent the spread of coronavirus infection (COVID 19). 5.10. The data on payment for the Services are available to the Customer and the Executor in their accounts on the Portal. 5.11. After payment, the Executor sends to the Customer's e-mail address a Specification with a list of items and a breakdown of their cost. 5.12. Services under the Agreement are considered to be rendered with proper quality and in due time, as well as accepted by the Customer on the date of handing over to the Customer the Certificate of mastering the online course. 5.13. In case of early termination of the Agreement on the Customer's initiative before the beginning of the classes, the funds shall be transferred to the Customer's account from which the payment was made. Claims for refund of the cost of the Services (part of the cost of the Services) are accepted by the Contractor in writing before the date of completion of the online course specified in the description of the online course.
6. Условия и порядок возврата денежных средств
Информация о возвратах ранее уплоченных средств
6.1. The Customer has the right to apply for a refund on the purchased Service under the following conditions: a) no more than 14 (fourteen) calendar days have passed since the end of the training program (the last lesson taught), unless a different term is set on the Sales Portal of the respective Service; After more than 14 calendar days, no refund of unused funds shall be made regardless of the reasons. b) The Customer has completed all homework assignments on the relevant training materials. 6.2. In case the Customer did not use the provided materials, did not participate without valid reasons in the courses organized by the Executor, the cost of such materials and services shall also be included in the Executor's expenses, due to circumstances beyond the Executor's control. 6.3. The claim for refund of the paid sums, submitted by the Customer later than the term, established by the clause 6.1. of the agreement is not subject to satisfaction, as such refusal in satisfaction is conditioned by the necessity of payment of certain sums of money to the third parties, participating in the organization and carrying out of the training program, as well as payment of taxes on the paid money. 6.4. All applications for refunds are accepted only in writing in the prescribed form only to the e-mail of the Contractor. 6.5. To send such an application, the Customer should fill in the application, print it out, sign it, scan and send the document to the Contractor's e-mail in PDF or JPEG format. 6.6. The obligatory points of the application for a refund are: a) The name of the addressee and the applicant's details; b) the amount of payment for the Services, the reasons for the refund; c) details for money transfer - card number, transit account, other bank data; d) attachments, date, signature and decryption. 6.7. The application for refund shall be accompanied by a copy of the applicant's identity document, a screenshot of the payment document evidencing the payment in PDF or JPEG format. 6.8. The decision on refund or refusal to refund shall be made by the Contractor within 10 (ten) working days from the date of receipt of the relevant application of the Customer. In case of a positive decision on the refund, the lessons conducted are recalculated regardless of the purchased package and discounts at 100% of the cost of 1 lesson without taking into account the discount at the time of the refund request. The total amount approved for refund may differ from the amount indicated in the application form, either upwards or downwards, subject to the application of the rules of recalculation of lessons. 6.9. The funds shall be refunded only to the Customer's account, from which the tuition was paid, within 10 working days after the decision on the refund has been made. 6.10. In case of satisfaction of the application for refund, the access to the training materials for the Customer shall be terminated within 1 (one) working day from the date of sending by the Contractor to the Customer of the notification about the respective refund. The said refund request of the Customer shall also be considered as a withdrawal of the previously given acceptance specified in the contract.
7. Срок действия Договора, порядок его изменения или расторжения
Срок действия договора
7.1 The Contract shall be deemed concluded from the date of acceptance by the Customer of the Contractor's public offer and shall remain in force until the parties have fully performed their obligations under the Contract. 7.2 The Contract may be amended or terminated on the grounds stipulated by the legislation of RUz.
8. Персональные данные
Персональные данные
8.1. By accepting this public offer, the Customer gives his consent to the processing of his personal data both without and with the use of means of automation (hereinafter - "Consent"). 8.2. The Consent is given for processing of the following personal data of the Customer: surname, name, patronymic, address of registration, address of permanent residence, date and place of birth, cell phone number, personal e-mail address. 8.3. The personal data is not publicly available. 8.4. The Customer's personal data is processed for the purpose of fulfilling the terms and conditions of the Agreement, collecting and analyzing materials regarding the demand for Online Courses, checking, researching and analyzing data to maintain and improve the functionality and sections of https://www.beshplus.uz/. 8.5. During the processing of personal data the following actions will be performed: collection; recording; systematization; accumulation; storage; clarification (update, modification); extraction; use; transfer (distribution, provision, access); depersonalization; blocking; deletion; destruction. 8.6. Transfer of personal data to third parties is carried out on the basis of the legislation of RUz, contract with the participation of the subject of personal data or with the consent of the subject of personal data. The Customer gives his consent to possible transfer of his personal data to third parties, including the Executor for fulfillment of the purposes of personal data processing. 8.7. Personal data shall be processed until the termination of this public offer (Agreement). 8.8. Consent is given, including for informational (advertising) notifications. 8.9. The consent may be withdrawn by the Customer by sending a written application to the Contractor or its representative at the address specified in this offer. 8.10. The consent is valid all the time until the moment of termination of processing of personal data specified in clause 8.7. 8.11. The Customer agrees that the results of mastering the Online Course will be available on the Portal in public access.
9. Заверения и гарантии
Гарантии сторон
9.1. By signing/accepting this offer, the Customer hereby represents and warrants that: 9.1.1. is a fully capable person and is authorized to sign/accept this offer, to comply with its terms and conditions. 9.1.2. the information used for registration is true, truthful and accurate and all documents provided are complete and up to date; 9.1.3. the conclusion of the contract is not the result of coercion, deception and/or threat by the Contractor and/or a third party against the Customer and/or his/her related persons, and the Contractor has not fraudulently used its influence on the execution of this offer and/or any relevant agreement signed with the Customer; 9.1.4. All information provided by the Contractor to the Customer is clear and understandable; 9.1.5. An electronic consent that clearly expresses the Customer's will shall have equal legal effect to paper documents signed by the Customer in his own hand;
10. Защита авторских прав
Авторские права Исполнителя
10.1. The Portal from which the Executor's Services are provided or the direct provision of such Services contains the results of intellectual activity belonging to the Executor, its affiliates and other related parties, representatives, all other persons acting on behalf of the Executor. 10.2. By using the Provider's Portal, the Customer acknowledges and agrees that all content of the Portal and the structure of its content are protected by copyright, trademark and other intellectual property rights, and that the said rights are valid and protected in all forms, in all media and in respect of all technologies, whether now existing, developed or subsequently created. No rights to any content of the Contractor's Portal, including, but not limited to, audiovisual works, text and graphic materials, computer programs, trademarks are transferred to the Customer as a result of using the Portal and concluding the contract. 10.3. When quoting materials from the Contractor's website, the Customer is obliged to indicate a link to such website. 10.4. In case of violation by the Customer of the provisions of the agreement concerning the protection of the Executor's copyright, the latter has the right to demand compensation for all the losses caused, including lost profit.
11. Заключительные положения
Заключительные положения
11.1. Information interaction between the Customer and the Contractor under the Agreement may be carried out, including (but not limited to) by means of technical actions of the Parties on the Portal and sending e-mails to each other. In this case the address of the Contractor's e-mail box is specified in Section 12 of the Agreement, and the address of the Customer's e-mail box is specified by him during Registration. 11.2. The Customer and the Contractor shall apply the rules of simple electronic signature to the relations on transmission and reception of notifications and messages on the Portal and by e-mail in connection with the Agreement, considering as such the accounts on the Portal and the corresponding addresses of electronic mailboxes, as the access to the Portal and electronic mailboxes is carried out by means of login and (or) access code (password), and equating such electronic signature to the analog of handwritten signature of the Customer and the Contractor respectively, and the signed such electronic signature to the analog of handwritten signature of the Customer and the Contractor. Actions performed on the Portal after Authorization are recognized as the Customer's actions. 11.3. If any term or provision of the Contract is finally determined to be invalid or unenforceable, (a) the remaining terms and provisions of the Contract shall be unaffected, and (b) the invalid or unenforceable terms or provisions shall be replaced by terms or provisions which are valid and enforceable and which most closely approximate the purposes of the invalid or unenforceable terms or provisions. 11.4. The Customer is responsible for the accuracy, relevance, completeness and compliance with the legislation of RUz of the information provided during registration and its purity from claims of third parties. 11.5. The Customer has no right to transfer (assign) his rights and obligations under this offer to third parties without the Executor's consent. 11.6. By registering on the Portal, the Customer agrees to receive informational messages to the e-mail address specified during registration. 11.7. The Customer independently provides security of login and password, as well as is responsible for all actions performed by him after Authorization. The Customer is obliged to immediately notify the Provider of any case of unauthorized access with his login and password and/or any breach of security. The Executor shall not be liable for any damage caused as a result of unauthorized access to the Customer's account on the Portal. 11.8. In case the Customer transfers the login and password to any third party, the Customer shall be fully responsible for the actions of this third party performed on the Website. 11.9. The Customer shall not breach, block or otherwise damage any security features of the Portal or other means of preventing or restricting the use or copying of any Online Course. 11.10. Violation by the Customer of the obligation specified in clause 4.1.4 of the Agreement is a breach of the Agreement, of the Contractor's legally protected intellectual rights to the Online Courses, and may result in prosecution in accordance with the law 11.11. All notifications in the course of execution of the Contract shall be sent by the parties to each other by e-mail using the addresses specified in the Contract and during Registration. 11.12. For non-fulfillment and/or improper fulfillment of their obligations under the Contract the Parties shall be liable under the legislation of RUz. 11.13. The Customer, an adult person, is independently responsible for the actions of a minor person. 11.14. All disputes and disagreements that may arise from the Contract or in connection with it will be settled by negotiations. If the agreement on disputable issues is not reached, all disputes are settled in court at the location of the Contractor in accordance with the legislation of the RUz. 11.15. For non-fulfillment and/or improper fulfillment of their obligations under the Contract the Parties are liable under the legislation of RUz. 11.16. The Parties are released from responsibility for non-fulfillment or improper fulfillment of their obligations under the Contract, if such non-fulfillment was caused by force majeure circumstances, the occurrence of which the Parties could not foresee or prevent. 11.17. On the issues not regulated by the Contract, the Parties shall be guided by the current legislation of the RUz.
12. Юридический адрес, адрес нахождения и банковские реквизиты Исполнителя
Реквизиты
Legal address: 100140, Tashkent city, Yunusabad district, TashGres microdistrict, b. 20, square 52. Actual address: 16, Oybek Street, Mirabad district, Tashkent city, 100015. Tel.: +998 78 777-03-60, s/a 20208000400444136001 in OPERU of AITB "Ipak Yuli". MFO 00444. TIN 303237699 CCEA 85.59.0. E-mail: 5plus.center@gmail.com Director of LLC «EXCLUSIVE EDUCATION», Klimov Alexander Sergeyevich, Phone number: +998 78 777-03-50. e-mail: 5plus.center@gmail.com.