TERMS AND CONDITIONS

Date: February 19, 2023

for the provision of paid educational services


  1. GENERAL PROVISIONS

1.1. This public contract (hereinafter referred to as the Offer, contract) represents the official open offer of the "Executor" on the websites and corresponding second and third level domains: https://e-launch.net for the provision of Information Services through software of websites and corresponding second and third level domains: https://e-launch.net, (hereinafter referred to as the Website) to legal and/or capable natural persons (hereinafter referred to as the Customer) on the terms listed below by providing information through face-to-face events or online webinars, courses - a special form of information transmission aimed at acquiring additional knowledge, skills, and abilities in a specific area of activity as a result of the Customer's use of special events determined by them at their discretion, or the alienation in favor of the Customer of a recorded training session - for a specified fee.

1.2. Acceptance (acceptance) of this Offer means the full and unconditional acceptance by the Customer of all terms without any exceptions and/or limitations and is equated to the conclusion by the parties of a bilateral written contract on the terms set forth below in this Offer.

1.3. This Public Contract for the provision of information services (Offer) is considered concluded (accepted) from the moment the Customer fills out an application to purchase a webinar (course) on the Executor's Website and the Customer's funds are received on the Executor's settlement account.

1.4. The Executor and the Customer provide mutual guarantees of their legal capacity and capability necessary for the conclusion and performance of this contract for the provision of information services.

1.5. In case of acceptance of the terms set forth in the Offer and payment for the services, the individual or legal entity accepting this Offer becomes a Customer (the acceptance of the Offer is equivalent to the conclusion of a Contract on the terms set forth in the Offer) of the online service of information services, which are the subject of this Contract.

2. DEFINITIONS AND TERMS


2.1 For the purposes of this Offer, the following terms are used in the following meanings:

Offer - this public contract for the provision of information services.

Website - the Internet sites and corresponding second and third level domains: https://e-launch.net, used by the Executor under property rights.

Information Services - any services of the Executor, the types and cost of which are determined on the Website, for providing limited access of the Customer to the Website in accordance with the conditions of the Offer to participate in thematic trainings in the form of webinars, accompanying seminars in the form of webinars, as well as the Executor's information services for providing paid multimedia training courses (recorded trainings), and accompanying information services of the Executor in the form of consultations, using free software with closed source code, providing encrypted voice and video communication over the Internet between computers (VoIP), using peer-to-peer network technologies (SKYPE, Zoom, Instagram, Youtube, Telegram), or consultation services in another form. The form and necessity of providing accompanying information services are determined by the Executor independently. Acceptance of the Offer - the full and unconditional acceptance of the Offer by performing actions for 100% prepayment of the Information Service. Executor - the Internet sites and corresponding second and third level domains: https://e-launch.net, represented by E Launch FZE-LLC

or another business entity authorized to provide Information Services to the Customer on the terms of this Offer. Customer - a person who has accepted the Offer on the terms set forth therein. Contract for the provision of information services (hereinafter - the Contract) - a contract between the Customer and the Executor for the provision of Information Services, which is concluded by accepting this Offer.

3. SUBJECT OF THE OFFER

3.1. The subject of this Offer is the provision of Information Services to the Customer by the Executor for a fee in accordance with the terms of this Offer by providing Information Services in an interactive face-to-face and/or online format for remuneration paid by the Customer to the Executor, or providing the Customer with a video recording of a webinar, course, training, club for a fee.

4. PRICE OF SERVICES AND PAYMENT TERMS. ACCEPTANCE OF THE OFFER.

4.1. The cost of each type of Information Service is determined on the Executor's Website.

4.2. The provision of services is carried out on the condition of 100% prepayment.

4.3. The User accepts the Offer and concludes the Contract by making a prepayment for the services in accordance with clause 4.2. of the Contract.

4.4. Payments under this contract are made by one of the methods offered to the Customer, including by pressing the "Participate", "Become a participant", "Pay" buttons, which include: - payment by electronic means; - payment through payment terminals or internet banking; - payment to the Executor's settlement account through a bank or bank-acquirer; - other payment methods by prior agreement with the Executor.

5. TERMS OF INFORMATION SERVICE PROVISION

5.1. The Executor provides limited access to the Customer to the Information Service posted on the Website (by providing a recording of a webinar, course or granting access to a restricted area of the website through access transfer), provided that this service is fully prepaid.

5.2. Types and methods of payment for each type of Information Service are specified on the Executor's Website.

5.3. At the Customer's request, the Customer may use the Installment Payment Service for Information Services. Additional information about this service, if available, will be indicated on the website pages and domain sites. In this case, the Customer's acceptance of the Offer occurs from the moment of payment of the first installment.

5.4. The Customer's participation is confirmed by the Customer completing the relevant participation application and making payment using one of the methods specified on the Website. Links to participate in the webinar or course are provided to the Customer by sending them to the Customer's email or messengers (Telegram, Viber) specified by the Customer when filling out the application to receive Information Services by participating in an online webinar or course.

5.5. If, for any reason, the Customer has not received access to the Information Service within 10 (ten) business days, the Customer must contact the Executor's support service at kai@e-launch.net.

5.6. The Executor undertakes to provide the Customer with the Information Service by organizing and conducting a webinar, course, club or training within the period specified on the Website, or by providing the Customer with access to the restricted area of the Website within 10 (ten) business days from the receipt of funds to the Executor's account.

5.7. This Offer constitutes an act of service provision. The acceptance of the service is made without signing the corresponding act.

5.8. The Executor reserves the right to cancel the Customer's participation in any face-to-face event and/or webinar, course, club without refunding the fee if the Customer violates the rules of conduct during the face-to-face event and/or webinar, course, club. Such violations include incitement of interethnic conflicts, insulting participants of the training, the facilitator, deviation from the topic of the training, advertising, profanity, publication of provided information services (webinars, video files from face-to-face events, texts) in any other publications, blogs, personal websites, social media pages in any form.

5.9. The Executor reserves the right to cancel the Customer's participation in a face-to-face event and/or webinar, course, club if it is determined that the Customer has disseminated information and materials obtained by the Customer in connection with participation in a face-to-face event and/or webinar, course, club to third parties for a fee or free of charge. The Customer may use the information and materials obtained as a result of receiving Information Services only for personal purposes and for the Customer's personal use.

5.10. After the end of the paid participation period, access links to the information and materials obtained by the Customer in connection with participation in a face-to-face event and/or webinar, course, club are not provided again.

6. CUSTOMER REGISTRATION ON THE WEBSITE

6.1. Providing the Customer with the Information Service is possible upon the creation of a corresponding account on the Website by the Customer. The account must contain the Customer's last name, first name, email address, and phone number.

6.2. The Customer is responsible for the confidentiality of the password. In case the Customer detects any unauthorized access to their account, they undertake to promptly notify the Executor's support service at: kai@e-launch.net.

7. RIGHTS AND OBLIGATIONS OF THE EXECUTOR

7.1. The Executor undertakes to provide the Customer with access to the Website using the Customer's account.

7.2. During the provision of the Information Service in the form of an online webinar or course, the Executor assumes responsibilities for technical support during training.

7.3. The Executor is responsible for the storage and processing of the Customer's personal data, ensuring the confidentiality of this data during their processing, and using it solely for the quality provision of the Information Service to the Customer.

7.4. The Executor guarantees the provision of the Customer with complete and accurate information about the provided service upon the Customer's request.

7.5. The Executor reserves the right to change the event and/or webinar date, and/or the amount of information (sessions) in the event and/or webinar course at any time, previously notifying the Customer by sending a message to the Customer's email or in the student chat.

7.6. The Executor has the right to unilaterally change the duration of the event and/or webinar and/or the terms of this Offer without prior notice to the Customer.

7.7. The Executor has the right to extend the duration of the event and/or webinar, notifying the Customer accordingly.

7.8. The Executor has the right to block the Customer's account in case of violation of the event and/or webinar rules specified in clause 8.2. of this Offer, without refunding the payment.

7.9. The Executor is not responsible for the impossibility of providing services to the Customer due to reasons related to the disruption of the Internet channel, equipment, or software by the Customer, as well as for any other reasons hindering the Customer from receiving services due to the fault of the Customer.

7.10. The Executor is not responsible for the Customer's achievement of the desired result, as it depends on the duration and regularity of the Customer's training sessions, their individual characteristics, and personal qualities.

8. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

8.1. The Customer is obliged to provide accurate information about themselves during the creation of an account (registration) on the Website. The Customer is responsible for the accuracy of such information.

8.2. The Customer undertakes not to reproduce, repeat, copy, transfer to third parties, or use for any purpose the information and materials made available to them in connection with the provision of the Information Service, except for their personal use.

8.3. The Customer must maintain in good working order the equipment and communication channels providing access to the Website, and log into the Website under their account only from one personal computer simultaneously. The Executor is not responsible for the non-provision (poor provision) of the Information Service for reasons beyond the Executor's control (including due to non-fulfillment of clause 7.1 of this Offer).

8.4. If it is established that the Customer is a participant and/or distributor of an online course or club (including parts of an online course or club) on joint purchase services of informational products (group buy), the Customer shall be obliged to pay the Executor a penalty in the amount of 20,000.00 (Twenty thousand) euros.

8.5. In case of providing access to the course, webinar, club to third parties, the Customer shall pay the Executor a penalty in the amount of 5,000.00 (Five thousand euros) for each violation.

8.6. All claims regarding the quality of the Information Service provided must be addressed by the Customer to the Executor by submitting an application to kai@e-launch.net. The period for consideration of the Customer's claim(s) by the Executor is 30 (thirty) days (including claims containing a demand for a refund) from the date the claim is received by the Executor, after which the Executor makes one of the following decisions: 1) disagreement with the claim and refusal to refund the funds, or 2) agreement with the claim and satisfaction of the demand for a refund.

8.7. In case the Executor decides to refund the funds, the funds are returned to the Customer by: crediting to the Customer's account in payment systems, credit card, personal account, or other details agreed upon by the parties. All refunds are made upon receipt by the Executor of a written application from the Customer. The parties unconditionally accept that the final decision on the method of refunding funds remains at the discretion of the Executor in each specific case.

8.8. The funds are credited to the account in the bank specified by the Customer within 14 calendar days from the date the Executor receives the Customer's written application. The financial document confirming the transfer of funds by the Executor to the Customer's account is evidence of the Executor's performance of the obligation to refund the funds to the Customer, which is unconditionally accepted by the parties.

8.9. All refunds to the Customer are made net of commissions of payment systems through which the Customer paid for the services, as well as net of actual expenses incurred by the Executor to provide access to the Online Course and/or Webinar and/or additional services. If the Customer has started the Online Course or other service consumption but subsequently decided to refuse the services, the Executor, in addition to the payment system commission and actual expenses, retains the cost of services actually provided as of the date of refusal.

8.10. The Customer undertakes not to use the information received from the Executor in ways that may harm the interests of the Executor.

9. SPECIAL CONDITIONS REGARDING THE USE WHATSAPP:

By accepting these terms the User consents to receiving messages via WhatsApp from the Company: the User understands and agrees that he may receive messages from the E Launch FZE-LLC and/or its affiliates via WhatsApp.

Acceptance of these terms constitutes proper consent from the User to receive messages through WhatsApp.

10. QUALITY GUARANTEES OF THE INFORMATION SERVICE. CONFIDENTIALITY INFORMATION


10.1. By accepting the terms of this Offer, the Customer also assumes the risk of not receiving profits and the risk of possible losses associated with the use of knowledge, skills, and abilities acquired by the Customer during the provision of the Information Service.

10.2. Guaranteeing the successful application of the acquired knowledge, skills, and abilities, as well as the Customer's receipt of a certain profit (income) from their use (implementation) in the future, whether specific or indefinite, the Executor is not responsible for the non-receipt of profit (income), the receipt of profit (income) below the Customer's expectations, as well as for the direct and indirect losses of the Customer, since the success of the Customer's use of the acquired knowledge, skills, and abilities depends on many known and unknown factors to the Executor: determination, diligence, perseverance, level of intellectual development, creative abilities of the Customer, and other individual qualities and personal characteristics, which are accepted by both parties.

10.3. During the provision of the Information Service, the Executor has the right to require the Customer to complete "homework" — specific actions planned and assigned by the Executor, allowing the Executor to verify and ensure the Customer's assimilation of information received during face-to-face events and/or online webinars, the Customer's acquisition of experience in solving specific tasks within the scope of the topic, assessment of the Customer's level of abilities, as well as for other purposes of the Executor. "Homework" is sent to the Customer via electronic communication: by email or by other means agreed upon separately in each case.

10.4. Failure or improper performance by the Customer of "homework" is a basis for the Executor to refuse to refund the funds paid by the Customer to the Executor, regardless of the Customer's justification, which is unconditionally accepted by the parties.

10.5. Acceptance of claims by the Customer demanding a refund of funds ceases from the moment the face-to-face event and/or webinar begins (i.e., the first day of attendance and/or receipt of access passwords to the closed area of the website where training recordings, courses are located), which is unconditionally accepted by the parties. Any other method of extending the guaranteed refund period is impossible and contradicts this Offer.

10.6. The terms of warranty periods for the provision of Information Services become void when transferring from one course of study to another.

10.7. Claims demanding a refund of funds made as payment for a webinar recording, except for manufacturing defects and other mechanical damages occurring not due to the Customer's fault and before the digital optical carrier with a recording of the face-to-face event and/or webinar is handed over to the Customer, are not considered by the Executor.

10.8. Claims demanding a refund of funds must be submitted to the Executor no later than one day before the expiration of the warranty period. Other claims demanding a refund of funds will not be considered by the Executor.

10.9. All information exchanged by the Parties for the purpose of fulfilling the terms of this Agreement, as well as any commercial information about the terms of cooperation between the Parties, is confidential and may not be disclosed and/or used without the written consent of the other Party, except in cases of forced disclosure at the request of authorized state authorities. In the event of forced disclosure, the Parties are obliged to notify the other Party in writing immediately, but no later than within 3 (three) business days from the date of forced disclosure. Despite the restrictions established by this clause of the Agreement, the Parties agree that the Executor has the right to place the Customer's logo image (if available) and/or its name/title on the Executor's website in the "Our Clients" section.

10.10 Funds paid as payment for access to a course, webinar, club are not subject to refund in case of non-compliance with the subjective expectations, perceptions of the Customer.

11. FORCE MAJEURE

11.1. The Parties shall be released from liability for partial or complete non-performance of obligations under this Agreement if such non-performance was caused by force majeure circumstances that arose after the conclusion of this Agreement and made it impossible to perform obligations in accordance with the terms of this Agreement. Such circumstances include, but are not limited to, extraordinary situations of a technological, natural, or environmental nature, accidents in power supply systems, destruction of these systems caused, in particular, by earthquakes, floods, hurricanes, etc., prolonged absence of electricity and internet due to reasons beyond the control of the parties, military actions, rebellion, strikes, mass riots, disorders, and other unlawful actions, as well as the health condition of the Executor (and/or the host of face-to-face events and/or webinars), floods, fires, anti-terrorist operations, earthquakes, and other natural disasters, war, military actions, uncontrolled, unlawful actions, and acts of vandalism by third parties, revolutionary actions, public disorders, acts or actions of government authorities, adoption of legal or regulatory acts directly affecting the ability of the parties to fulfill the conditions of this agreement, and any other extraordinary circumstances.

11.2. The Parties have agreed that in the event of circumstances provided for in clause 11.3. of the Agreement, the deadline for the performance of obligations under this Agreement shall be extended for the period during which these circumstances and their consequences were in effect.

11.3. If force majeure circumstances and their consequences continue to operate for more than six months, the Parties shall, without delay, conduct negotiations with the aim of identifying alternative methods of performance acceptable to both Parties and reaching corresponding written agreements.


12. TERMS OF OFFER AND MODIFICATION OF CONDITIONS

12.1. The offer comes into effect from the moment it is posted on the Internet at the address: https://e-launch.net and remains in effect until it is withdrawn by the Executor.

12.2. The Executor reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. In case the Executor makes changes to the Offer, such changes come into effect from the moment the amended text of the Offer is posted on the website at the address specified in clause 12.1 of the Agreement, unless another effective date of the changes is additionally specified upon such posting. The Executor informs the Customer of changes in the terms of the Offer and/or withdrawal of the offer by notifying the Customer's email address.

13. TERM OF AGREEMENT AND ITS TERMINATION

13.1. The Agreement comes into effect from the moment the Offer is accepted by the Customer and is valid for 1 (one) year, but in any case until the Parties fully fulfill their obligations under this Agreement. If neither Party notifies the other of the termination of this Agreement within 10 (ten) calendar days before the expiration date of the Agreement, then the term of this Agreement is considered extended for each subsequent year.

13.2. The Agreement may be terminated prematurely:

  • At any time by mutual agreement of the Parties;

  • At the initiative of one of the Parties in case of breach of the contract terms by the other party with written notice to the other Party. In this case, the Agreement is considered terminated from the moment of receipt by the Party that violated the contract terms of the corresponding written notice from the other Party;

  • At the initiative of one of the Parties with written notice to the other Party at least 10 (ten) calendar days before the date of termination of the Agreement;

  • For other reasons provided for in this Offer (Agreement).

14. OTHER PROVISIONS

14.1. The Customer guarantees that all terms of the offer are clear to him, and he accepts them unconditionally and in full, without any conditions, exceptions, or reservations.

14.2. In the event that a matter is not regulated by this Agreement, the Parties undertake to be guided by the norms established by the current legislation of the UAE.

14.3. The Parties consent to the processing and storage of personal data that become known to them in connection with the conclusion of this Agreement.

E Launch FZE-LLC
Address: Business Centre,Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates
Tel: +33749423544
Email: kai@e-launch.net