Public offer
Agreement for the paid provision of access to educational materials on arsqlippoth.ru. Under Art. 437(2) of the Russian Civil Code this document constitutes a public offer; its acceptance forms a contract on the terms set out below.
This English text is provided for information only. The Russian-language version is the legally binding one; in case of any discrepancy, the Russian version prevails.
This document is an official public proposal (the “Offer”) by Sole Proprietor Rakhmanov Dmitry Sergeevich (OGRNIP 326530000000697, INN 532203564337), hereinafter the “Provider,” addressed to any legally capable natural person, or to any legal entity or sole proprietor (the “Customer”), to enter into a paid-services agreement (the “Agreement”) on the terms set out below.
Under Art. 437(2) of the Civil Code of the Russian Federation this document is a public offer. Unconditional acceptance (acceptance) of its terms under Art. 438 of the Civil Code is the Customer’s performance of the conclusive actions described in Section 4.
By accepting this Offer the Customer confirms that they have fully read its terms, understand their content and legal consequences, agree with them, and accept them without any exceptions or reservations.
Terms and definitions
1.1. The following terms are used in this Offer:
- —“Site” — the online resource at arsqlippoth.ru and its subdomains owned by the Provider.
- —“Platform” — the hardware-and-software complex, accessed through the Site, that hosts and serves educational and informational materials.
- —“Services” — the provision of access to Courses and other Platform materials on the terms of this Offer.
- —“Course” — a structured set of educational and informational materials (texts, video and audio recordings, images, assignments and other objects) hosted on the Platform, access to which is provided to the Customer for a fee.
- —“Personal Account” — the Customer’s personal section on the Platform, accessed via login and password or other authentication means.
- —“Acceptance” — full and unconditional acceptance by the Customer of the terms of this Offer in the manner provided by Section 4.
- —“Parties” — the Provider and the Customer referred to jointly.
1.2. Terms not defined here are interpreted under the applicable law of the Russian Federation and customary business practice.
Subject of the Agreement
2.1. The Provider undertakes to provide the Customer with access to the Course(s) or other Platform materials chosen by the Customer, and the Customer undertakes to pay for these Services on the terms of this Offer.
2.2. The list of available Courses, their content, scope, price, access period and other characteristics are determined by the Provider and published on the Site on the relevant Course page.
2.3. The Services are not educational activity within the meaning of Federal Law No. 273-FZ of 29.12.2012 “On Education in the Russian Federation,” are not subject to licensing, and no state-recognised education or qualification documents are issued. Course materials are of an informational and educational nature.
2.4. Course materials concern the historical-cultural reconstruction and comparative study of pre-Abrahamic Semitic religious cults, mythology and related symbolic systems, and are addressed to adults interested in this subject for research, cultural and educational purposes.
General provisions
3.1. This Offer takes effect upon publication on the Site and remains in force until withdrawn by the Provider.
3.2. The Provider may at any time unilaterally amend the Offer. Amendments take effect upon publication of the new version on the Site unless a different date is stated in it. Orders placed before amendments take effect are fulfilled on the terms in force at the time of Acceptance.
3.3. The Customer independently monitors changes to the Offer. Continued use of the Platform after changes means the Customer agrees to the new version.
3.4. The following may accept this Offer:
- —natural persons aged 18 and over with full legal capacity;
- —sole proprietors and legal entities through authorised representatives.
3.5. By accepting, the Customer confirms that they meet the requirements of clause 3.4.
Procedure for concluding the Agreement (Acceptance)
4.1. Acceptance of the Offer is the combination of the following Customer actions performed on the Site in the stated order:
- —selecting the Course of interest and placing an order;
- —ticking the box confirming review of, and agreement with, this Offer and the Privacy Policy;
- —ticking a separate box confirming agreement that the amounts paid are non-refundable after access to the Course is granted (where such a condition applies to the chosen Course);
- —paying the Course price in the manner provided by Section 5.
4.2. The Agreement is considered concluded once funds reach the Provider’s settlement account.
4.3. The Customer’s Acceptance forms an Agreement between the Customer and the Provider on the terms of this Offer.
4.4. When placing an order the Customer provides accurate data needed to render the Services (surname, first name, email address, and where necessary the legal entity’s details). The Customer is responsible for the accuracy of the data provided.
Price of Services and payment procedure
5.1. The price of each Course is shown on the relevant Course page on the Site and in the payment form at checkout.
5.2. The Provider applies a special tax regime and is not a VAT payer under its applicable tax system. Course prices are stated without VAT.
5.3. Payment is made by the Customer by non-cash means in Russian roubles through payment services integrated with the Site (including via LLC Robokassa and other payment systems).
5.4. Payment is considered made once funds reach the Provider’s settlement account. The Customer’s proof of payment is the electronic fiscal receipt sent to the Customer’s email in the manner provided by Federal Law No. 54-FZ of 22.05.2003.
5.5. All costs of transferring funds (bank and payment-system fees) are borne by the Customer unless the payment form states otherwise.
5.6. The Provider may change Course prices unilaterally. A price change does not apply to Services already accepted.
5.7. The Provider may set discounts, promotions and special offers; their terms are published on the Site.
Procedure for rendering the Services
6.1. Access to a paid Course is granted to the Customer in their Personal Account within 24 (twenty-four) hours of payment reaching the Provider’s settlement account, unless another period is stated on the Course page.
6.2. The access period for a Course is stated on the relevant Course page. Access may be terminated after that period.
6.3. The Services are deemed duly and fully rendered from the moment access to the Course is granted in the Personal Account. Actual use of the materials (viewing, listening, downloading, etc.) is not a condition for the Services to be considered rendered.
6.4. No separate service-delivery act is drawn up unless expressly agreed by the Parties. Delivery of the Services is evidenced by:
- —the crediting of funds to the Provider’s account;
- —the granting of access to the Course in the Customer’s Personal Account;
- —the Platform’s electronic logs recording the grant of access.
6.5. If within 5 (five) calendar days of access being granted the Customer has not sent the Provider reasoned written objections to info@arsqlippoth.ru, the Services are deemed accepted without comment.
6.6. The Customer independently ensures the technical means and Internet connection meeting the requirements stated on the Site. The Provider is not responsible for the quality of communication services or other technical conditions on the Customer’s side.
Refund terms
7.1. Under clause 4 of Art. 26.1 of Law No. 2300-1 of 07.02.1992 “On Protection of Consumer Rights,” taking into account the nature of digital content and as agreed by the Parties on Acceptance, amounts paid by the Customer for a Course are non-refundable from the moment access to the Course is granted in the Personal Account.
7.2. The Customer is notified and, on Acceptance, expressly agreed (by ticking a separate box) that Courses are intangible digital content delivered immediately after payment, and that this non-refund condition is a material term of the Agreement.
7.3. Before access to a Course is granted, the Customer may withdraw from the Agreement by sending a statement to the Provider’s email info@arsqlippoth.ru from the address given at checkout. In this case the amount paid is refunded within 10 (ten) business days of receipt of the statement, less the Provider’s actual costs (including bank and payment fees).
7.4. Refunds are made by the same method used for payment, to the payment details from which payment came, unless the law provides otherwise.
7.5. Funds are refunded in full in cases expressly provided by the applicable law of the Russian Federation, including where the Services cannot be rendered through the Provider’s fault.
7.6. The refund-limiting provisions of this Section do not apply to legal entities and sole proprietors to the extent not contrary to the Parties’ agreement, and do not deprive a consumer Customer of rights granted by the mandatory rules of Russian law.
Rights and obligations of the Parties
8.1. The Provider undertakes to:
- —grant the Customer access to the paid Course in the manner and within the periods set by this Offer;
- —keep the Platform operational 24/7, except during maintenance and scheduled works;
- —process the Customer’s personal data in line with Russian law and the Privacy Policy published on the Site;
- —review the Customer’s requests sent to info@arsqlippoth.ru within 10 (ten) business days.
8.2. The Provider may:
- —unilaterally change the content, composition and price of Courses, and the terms of this Offer subject to clause 3.2;
- —carry out maintenance and scheduled works on the Platform with temporary access restrictions;
- —suspend or terminate the Customer’s access where the Customer breaches this Offer, including transferring access to third parties, attempts at unauthorised copying, or infringement of the Provider’s exclusive rights;
- —engage third parties to perform obligations under this Agreement, remaining responsible for their actions to the Customer;
- —send the Customer informational and service messages relating to the Services.
8.3. The Customer undertakes to:
- —provide accurate information when placing an order and registering a Personal Account;
- —keep the Personal Account login and password safe and not pass them to third parties;
- —pay for the Services promptly and in full;
- —not transfer access to Courses or distribute Course materials to third parties in any form or by any means without the Provider’s written consent;
- —respect the exclusive rights of the Provider and third parties to materials on the Platform.
8.4. The Customer may:
- —receive the Services in the manner and within the periods set by this Offer;
- —contact the Provider at info@arsqlippoth.ru with questions, comments and suggestions;
- —withdraw from the Agreement in the manner provided by Section 7.
Intellectual property
9.1. All materials on the Site and Platform — including texts, video and audio recordings, images, graphics, design, program code, databases, trademarks and other objects — are results of intellectual activity protected by the intellectual-property law of the Russian Federation.
9.2. Exclusive rights to Course materials belong to the Provider and/or third parties with whom the Provider has concluded the relevant agreements.
9.3. By paying for the Services the Customer obtains the right to use Course materials solely for personal, non-commercial review within the Platform’s functionality. This right is not a licence within the meaning of Art. 1235 of the Civil Code and is granted to the extent necessary to render the Services.
9.4. Without the Provider’s written consent the Customer may not:
- —reproduce, copy, distribute, publicly display, adapt, translate or otherwise use Course materials;
- —transfer access to the Personal Account and Course materials to third parties, including for a fee;
- —record or download materials using special software beyond the Platform’s standard functionality;
- —use Course materials for commercial purposes, including to provide services to third parties.
9.5. Breach of this Section is grounds for terminating the Customer’s access to the Platform without refund and does not release the Customer from liability under Russian law.
Liability of the Parties
10.1. The Parties are liable for non-performance or improper performance of obligations under this Agreement in accordance with the applicable law of the Russian Federation and the terms of this Offer.
10.2. The Provider is not liable for:
- —the Customer’s inability to access the Platform for reasons beyond the Provider’s control (Internet failures, acts/omissions of communications operators, the Customer’s equipment faults, etc.);
- —the content of third-party resources that the Platform may link to;
- —the consequences of the Customer applying information from Course materials; the materials are informational and educational and are not individual advice, a call to action, or medical, psychological or other professional help;
- —temporary failures and interruptions of the Platform related to planned or unplanned technical works.
10.3. The Provider’s aggregate liability under this Agreement is in any case limited to the cost of the Services paid for by the Customer in respect of which a claim is made.
10.4. The Parties are released from liability for partial or full non-performance if it resulted from force-majeure circumstances arising after conclusion of the Agreement that the Party could not foresee or prevent.
10.5. Force majeure includes, in particular: natural disasters, military action, terrorist acts, strikes, epidemics, acts of state and local authorities materially impeding performance, and large-scale failures of the Internet and power-supply systems.
Personal data
11.1. By accepting this Offer the Customer gives the Provider consent to process their personal data in the manner and on the terms set out in the Privacy Policy and the Consent to Personal Data Processing published on the Site at arsqlippoth.ru.
11.2. Personal data is processed under Federal Law No. 152-FZ of 27.07.2006 “On Personal Data.”
11.3. The Customer may withdraw consent to data processing at any time by sending a statement to info@arsqlippoth.ru. Withdrawal may make it impossible to render the Services and lead to termination of Platform access.
Dispute resolution
12.1. The Parties seek to resolve all disputes and disagreements arising from or in connection with this Agreement through negotiation.
12.2. A pre-litigation claim procedure is mandatory. The time to respond to a claim is 30 (thirty) calendar days from its receipt. Claims are sent to info@arsqlippoth.ru; for legal entities and sole proprietors, also to the Provider’s postal address.
12.3. Failing agreement, disputes are heard in court as established by Russian law. For disputes involving consumer Customers, jurisdiction is at the consumer’s choice under the Law “On Protection of Consumer Rights.” For disputes involving legal entities and sole proprietors, jurisdiction is at the Provider’s location.
Final provisions
13.1. This Agreement is governed by and construed under the law of the Russian Federation.
13.2. Anything not regulated by this Offer is governed by the applicable law of the Russian Federation.
13.3. A court’s finding that individual provisions of this Offer are invalid does not render the Offer invalid as a whole.
13.4. The Parties recognise the legal force of electronic documents and messages sent by email, provided they are sent and received using the addresses stated in the Agreement and, for the Customer, the address given at checkout.
13.5. Notices and messages sent to the email addresses stated in this Offer and in the Customer’s Personal Account are deemed received on the day they are sent.
Provider’s details
- Rakhmanov Dmitry Sergeevich
- 532203564337
- 326530000000697
- 0
- 40802810212010788519
- Korporativny Branch, PJSC Sovcombank, Moscow
- 30101810445250000360
- 044525360
- arsqlippoth.ru
- info@arsqlippoth.ru