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Charitable organization “Charitable Foundation “Bitrut Academy”, code 40693793, Ukraine, 36020, Poltava region, city of Poltava, Kotlyarevsky street, house 2A, (hereinafter - the Philanthropist) offers an indefinite circle of individuals (hereinafter — Users) (together in the text — Parties, separately the Party) that have accepted the terms of the public offer contained in the following link: https://beetroot.academy/publicoffer, get access to the educational system of the NGO “Charitable Foundation “Bitrut Academy”https://lms.beetroot.academy/loginon the Terms and Conditions of Use of the Educational System (hereinafter — Terms and Conditions). Attachment to the Public Offer Agreement shall be the following related actions: affixing a note of familiarization with these Terms and Conditions and a public offer agreement and/or access to online training courses. In case of disagreement with the terms of the Public Offer Agreement, accession to these Terms and Conditions is not possible.
We adhere to high educational and ethical standards in the organization and implementation of the educational process and do our best to provide an atmosphere conducive to effective learning and personal development of each participant.
1.1 The Beetroot Academy Learning System is a specialized online course software environment containing a set of Courses hosted and administered by the Benefactor (hereinafter referred to as the Training System). The Benefactor may at his own discretion change the Training System (specialized software) to another specialized software environment, while the User must independently familiarize himself with the functionality and rules of operation of the Training System.
1.2 The course is a set of training modules (text, graphics, audio, video, photo and other materials, etc.), compiled according to a specific topic and within which charitable services are provided.
1.3 Educational material — presentation, interactive material, video recording, homework, etc., which are posted in the Educational System.
1.4 Personal account is a unique account of the User in the Educational System, which is administered by the Benefactor and through which the User gets access to Courses, Educational Materials, and other information necessary for the performance of the contract.
2.1 The Benefactor undertakes to provide the User with charitable assistance, the content of which consists in opening the User's access to the Personal Account in the Training System and ensuring that the User can access through his Personal Account to the relevant Training Materials of the specified Course, and the User accepts the specified charitable assistance in the form of providing access to the Course.
3.1 This Agreement is concluded under the terms of the Accession Agreement (Art. 634 of the Civil Code of Ukraine) and is considered to be concluded from the moment of committing contiguous actions.
3.2 The User accepts (accepts) the terms and conditions of use of the educational platform by: carrying out inclusive actions — giving consent to the public offer and accepting these Terms and Conditions and rules.
4.1 Services are provided on the Internet by providing the User with access to the Course (Training Materials) chosen by him through the Personal Account, which is administered by the Benefactor in the Educational System.
4.2 The Benefactor is not responsible if the User, for reasons independent of the Benefactor, has missed the seminar, webinar, other elements of the Course, designed for their perception by the User through his participation in the online broadcast.
4.3. The moment of receiving charitable assistance is the transfer of access to the User's Personal Account. The User consumes the Services by viewing the Educational Materials posted in the Training System.
5.1 Responsibilities of the Benefactor:
5.1.1 Provide the User with charitable services;
5.1.2 Confirm the User's access to the Training System by confirming the password and login to the Personal Account created in the Training System (in case of such need);
5.1.3 Provide the User with online support via email or chat that will be created (viber, telegram) or other communication channel of the choice of the Benefactor. Online support may be in the form of advice on how to use the functionality of the Training System, on online webinars (feedback sessions) that may be provided within the Course or in case of other difficulties that may arise for the User during the term of the Agreement.
5.1.4. To deny the User access to the Training System, as well as to terminate the User's access to the Training System in case of violation of the User's obligations defined by the Offer.
5.2 Responsibilities of the User:
5.2.1 Accept the terms of the public offer and these Terms and Conditions of use of the Training System for the purpose of access to training courses.
5.2.2 Consume the Services personally, do not transfer access to the Training System, Course, Training Materials, Class Records to any third parties, do not copy or otherwise reproduce the Training Materials. In case of violation of this condition, the Benefactor has the right to terminate the contract unilaterally.
5.2.3. Timely upload completed tasks in full, as well as other materials in accordance with the requirements of the Course to the Training System. The User grants the Benefactor full and unlimited access to the downloaded materials for the purpose of their verification, storage, etc.
5.2.4. Adhere to generally accepted rules, norms and values of behavior when using the Learning System, including but not limited to:
5.2.4.1. maintain a friendly and constructive atmosphere during training, be courteous with administrators, teachers and other Users of the Learning System;
5.2.4.2. observe generally accepted moral standards, respect the rights and legitimate interests of other Users, administrators and teachers of the Educational System;
5.2.4.3. refrain from acts and behaviors that may impede other Users of the Educational System in the training and realization of their rights and interests.
6.1 All rights to the Website and the Training System belong to the Benefactor.
6.2 Intellectual property rights in Educational Materials used in the Education System, including, but not limited to, images, videos, logos, graphics, sounds, belong to the Benefactor.
6.3 The Benefactor may also use intellectual property rights that may belong to other persons on the basis of an appropriate license, contract or other legal basis.
6.4 By granting the right to use objects by the User of the rights to use for the purposes of this Agreement, the Benefactor does not transfer any intellectual property rights to such objects and does not grant permission for their use for purposes other than those specified in the Agreement.
6.5. The Benefactor reserves the exclusive right at its sole discretion to restrict, terminate or reduce the User's access to the Training System without prior notice to the User.
7.1 In case of violation of the Terms and Conditions, the Benefactor has the right to terminate the contract unilaterally and restrict access to the Training System and Training Materials.
7.2 The Benefactor may unilaterally terminate this Agreement and block access to the Educational Materials and the Educational System in case of detection of distribution (or any reproduction) of Educational Materials in public and/or transfer of access to the Educational System to third parties who are not Parties to the Agreement.
7.3. The Benefactor undertakes to provide favorable learning conditions for all Users of the system, which includes the Charity's adherence to high ethical standards. The parties have agreed that the Benefactor has the right to restrict the User's access to the Training System and Educational Materials, in case of violation by the User of its obligations, which are defined in clause 5.2.4 of these Terms and Conditions.
7.4. The parties agreed that the Benefactor has the exclusive right to restrict the User's access to the Training System and Training Materials in case of non-fulfillment by the User of his obligation to timely download the completed tasks, as well as other materials in accordance with the requirements of the Course to the Training System.
7.5. The Benefactor also has the right to restrict the User's access to the Training System and Educational Materials in case of violation by the User of the obligations accepted by him under the Offer.
7.6. The termination of the User's access to the Training System mentioned in this article is carried out by sending the Benefactor a corresponding message to the User in his personal account, via e-mail, electronic messaging system and/or notifying the User about the said decision of the Benefactor in any other way. The parties agreed that in the event of termination of the User's access to the educational system in accordance with the provisions of these Terms, the Benefactor shall not bear any obligations to the User, including liability for damages, direct and indirect damages, etc.
7.7. The parties have agreed that in case of violation and/or commission of actions aimed at violation of the intellectual property rights of the Benefactor on the Course or elements of the Training System by the User, the User shall be liable for civil and criminal liability in accordance with the requirements of the current legislation governing these issues.
8.1 In the event of disputes, the Parties shall take pre-trial dispute settlement measures.
9.1 The Agreement is valid for 6 months from the date of granting the User access to the Training System.
9.2. Access to the Training System and Training Materials of a particular course is retained by the User for a period of three years from the date of access, except for the cases provided for in these Terms.
9.3. The Benefactor has the right to unilaterally terminate this Agreement in the event of:
9.3.1 non-fulfillment by the User of its obligations as defined in these Terms and Conditions;
9.3.2 in other cases as provided for in these Terms or by applicable law.
10.1 By adhering to these Terms, the User grants the Benefactor the right to collect, process and store his personal data for the purpose of carrying out statutory activities.
10.2 The Benefactor may amend these Terms by posting a new version of the Terms on the Website indicating the date of such revision. In case of disagreement with the amended terms, the User has the right to terminate the Agreement unilaterally.
10.3 Unless otherwise provided in these Terms and Conditions, the usual contractual terms and conditions established by law shall apply.
