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Agreement offer
Accession agreement for granting access rights to information materials of the Ukrainian Institute for the Study of Personality Disorders
А. This agreement (hereinafter referred to as the "Agreement" or the "Offer") is an agreement of adhesion (offer) within the meaning of Articles 634 and 641 of the Civil Code of Ukraine of the Ukrainian Institute for the Study of Personality Disorders, which is the commercial name of the individual entrepreneur Lemeshchuk Oleksiy Vadymovych (hereinafter referred to as the "Contractor") for any individual (hereinafter referred to as the "Customer") who accepts this offer, on the terms and conditions specified below.

B. The moment of full and unconditional acceptance by the Customer of the Contractor's offer to enter into this Agreement by joining it (Acceptance of the Offer) is the fact of filling out the registration form for gaining access to certain information materials on the Site with an e-mail address and phone number.

С. By paying for the Services, the Customer guarantees that he has already read and accepts all the terms of the Agreement, as well as is familiarized and agrees with the cost of the Services (Tariffs) indicated on the Contractor's Website.

D. The text of this Agreement is located at: borderline.institute/oferta

E. If you do not agree with this Agreement or any of its separate terms, please do not take any actions aimed at its conclusion.
1. Terms and definitions
1.1. The words used in the text of the Agreement, written with a capital (uppercase) letter, shall be used in the meaning specified in this section "Terms and Definitions"

1.2. For the purposes of this Agreement, the following terms and definitions shall be used in the following meanings:

"Agreement", "Offer" (used synonymously) means this document, a public offer for the sale of the rights of access to the Contractor's information materials posted on the Website or the Platform, which defines the rights and obligations of the parties, the procedure and terms of the Services, as well as all annexes and additions thereto.

"Acceptance of the Offer", "Accession to the Agreement" (used synonymously) - full and unconditional acceptance by the Customer of the terms of this Offer, by the methods provided for in clause 3 of this Offer.

"Customer" - any legally capable individual who has expressed a desire to receive services for providing access to information materials from the Contractor, as well as to receive information services of the Contractor, who has accepted the Offer.

The "Contractor" is an individual entrepreneur Lemeshchuk Oleksii Vadymovych, RNOKPP 2767410316, registered in accordance with the current legislation, who is the full owner of the information materials posted on the Site and the Platform, providing services for providing access to the information materials of the Site and the Platform via the Internet.

"Services", "Service" means the delivery of information materials posted on the Website or the Platform to the Customer via the Internet by providing the Customer with access to the relevant sections of the Website or the Platform on the basis of payment of the Tariff selected by the Customer, as well as the provision of additional information services.

"Site" means a set of interconnected web pages united under one domain name, which is an organized collection of interconnected texts, graphic images, photos, videos, computer programs, other intellectual property owned by the Contractor, located at the domain name address: borderline.institute with any subdomain addresses belonging to this domain name.

"Information Materials" means any video, audio, graphic, text and other materials posted on the Website and the Platform, access to which is organized by the Contractor.

"Course", "Online Course", "Training Course", "Training Program", "Training", "Training", "Online Training", "Program", "Online Program", "Recorded Webinar", "Recorded Seminar", "Recorded Training Program", etc. - "Program" means a set of information materials, a multimedia product, an audiovisual work, combinations thereof, posted on the Website and the Platform and formed into a logically and structurally complete program in the form of interconnected video seminars, video lectures, articles, textual material, graphs, images, illustrations, tests, etc.

"Webinar", "Seminar", "Master Class", "Workshop", "Training Module", "Training", "Course" means an educational or training event that takes place online on video broadcasting services, other types of broadcasting of an educational or training event organized by the Contractor in real time or recording of such broadcast.

"Personal Account" means a set of secure pages on the Contractor's Website or the Platform created during the Customer's registration, through which the Parties interact and gain access to information materials. Access to the Personal Account shall be provided by the Customer by entering the login and password provided by the Contractor to the Customer's e-mail address after completion of registration.

"Software" -
a browser (Internet Explorer, FireFox, Google Chrome and similar) for accessing information resources located on the Internet, other programs for processing information provided by the Contractor.

"Login" means a unique name of the Customer used by him/her on the Contractor's Website/Platform in order to access the Course.

"Password" - a combination of letters, numbers and symbols unique to the Customer, which allows, when entered simultaneously with the Login, to enter the Personal Account and access information materials.

"Protected Pages of the Website", "Protected Pages of the Platform" - pages of the Website or the Platform containing the materials of the Courses, access to which is possible only when the Customer enters the Login and Password.

"Application" means a questionnaire filled in by the Customer on the Contractor's Website, which contains the Customer's personal data (Name, e-mail, phone number) and allows further identification of the Customer, as well as sending him/her an access password to the Course and access instructions after registration and payment of the relevant tariff.

"Tariff", "Package Offer" means an offer containing an exhaustive list of terms and conditions of the Agreement: the period of the Customer's access to information materials, the composition of information materials to which access is granted, the cost of providing access, and other material terms. A description of the available tariffs is provided on the Website.

"Platform" - "Sendpulse Platform" (Service) - a multipurpose platform with functions of organizing the placement of records of training events located on the Internet at: https://sendpulse.com, its subdomains and sites translated into other languages, for example, in Ukrainian https://sendpulse.ua, the service used by the Contractor to host the Courses and provide access to the Customer.

"Practical Assignment" means the tasks provided by the Contractor to the Customer in the course of the Course for their independent completion. In doing so, the Customer acknowledges that the tasks performed by him/her will be publicly available to any third parties. If the Customer does not agree with this provision, he/she must refuse to enter into this Agreement.

Mobile platform - Education by Sendpulse is an Android and iOS application developed for access to the Courses from mobile devices, as well as communication between the participants of the Courses. For the purpose of this Agreement, it is used for communication between the Customer and other participants, as well as with representatives of the Contractor.

1.3 This Offer may use terms not defined in clause 1.2. In this case, the interpretation of such a term shall be made in accordance with the legal meaning. If the term does not have a legal meaning, it shall be interpreted first in accordance with the special meaning, and secondly, in accordance with the generally accepted meaning.
2. Subject of the Agreement
2.1. Under this Agreement, the Contractor undertakes to provide the Customer with access to information materials (Courses) free of charge, as well as to provide information support under the terms of the selected Tariff and to create an environment for communication with other participants (depending on the Tariff) (hereinafter referred to as the services), and the Customer shall accept and pay for such access.

2.2. The composition, subject matter and content of the information materials to which the Customer is granted access depends on the Course and the Tariff chosen by the Customer. The description of the Courses and Fee Schedule is published on the Website.

2.3 Information and other materials, in particular, audio and video recordings, written materials provided to the Customer by the Contractor as part of the services under this Agreement, are provided solely for the Customer's personal use under a one-time non-exclusive license (Article 1108 of the Civil Code of Ukraine), which means the right granted to the Contractor to personally use the materials of the Course, the Website or the Platform and the prohibition for the Contractor to provide access to the Course to third parties and the prohibition on any other distribution to third parties. The fee for granting a single non-exclusive license is included in the price of the Course. If the Customer allows the dissemination of this information, he/she shall be civilly liable to the Contractor for the damages caused by the fact of dissemination of the information in the form of a fine, and may also be subject to administrative or criminal liability in accordance with the current legislation in the field of intellectual property. In this case, the Contractor shall have the right to revoke the Customer's access to the Courses ahead of schedule. The Customer acknowledges that all comments left by other participants on the Website, the Platform, the Mobile Platform become part of the Contractor's materials, and all provisions on intellectual property protection set forth in this Agreement apply to them.

2.4. The Contractor shall have the right to change the scope of services provided, the cost, terms and conditions of this Offer without prior agreement with the Customer, while ensuring the publication of the amended terms and conditions on the Contractor's website, as well as in a place publicly available for familiarization with these documents, at least 1 (one) business day before their entry into force.

By continuing to use the Website, the Platform after the relevant changes come into force, the Customer agrees to the new terms and conditions.

2.5. Acceptance of services under the Agreement shall be made without signing an act or other bilateral document.

2.6 The Customer shall assimilate and study the information materials independently.

2.7. These services are not subject to licensing.

2.8. The Contractor shall create an environment for communication with other participants, exchange of experience and establishment of partnerships by providing the Customer with access to closed chats for the period of the Agreement in accordance with the selected tariffs (if provided for by the relevant Tariff).

3. Acceptance of the Offer and conclusion of the Agreement
3.1. The Customer accepts the Offer by filling out the registration form (application) indicating their personal data, including a valid e-mail address.

3.2. By accepting the Offer, the Customer confirms that the granting of the right of access to information materials under this Agreement fully corresponds to the Customer's ability to use the Services provided in this way.

3.3. The Customer undertakes to independently ensure the availability of software (operating system, browser) on their personal computer, smartphone, tablet or other devices necessary to gain access. The Contractor shall not be liable if the Customer cannot access the Course or its individual elements due to the lack of an Internet connection and the necessary computer/software on the part of the Customer, in particular, if the characteristics of the personal computer and other devices used do not meet the minimum requirements for the operation of the Platform.
4. General conditions for granting access
4.1 The Customer, based on the information contained on the Website, independently chooses the appropriate Course and the access tariff from the options presented. If you have additional questions and/or need to clarify the terms of access, the Customer has the right to contact the Contractor or its representatives using the contacts published on the Website (phone, e-mail, messengers) and receive detailed advice on the terms of access to information materials. The Customer accepts the fact that the validity of access at the selected tariff is valid from the moment of payment and provision of a link (password) to access the Course/materials.

4.2 The Contractor shall provide access to the information materials only if the following conditions are met:

4.2.1. The Customer has sent his/her registration data, i.e. filled in the registration form (application) posted on the Contractor's Website. By filling out the said application form, the Customer agrees to the processing of personal data necessary for the performance of the Agreement, as well as accepts the Personal Data Processing Policy and the Processing Agreement posted on the Contractor's Website, and agrees, in particular, to the fact that the information provided by the Customer (namely, completion of practical tasks, leaving comments in the chat, feedback) will be publicly available to third parties. The Customer also grants the Contractor the right to place the photos, audio-visual materials sent by him/her during the study of information materials on the Contractor's resources as a portfolio for advertising the services provided by the Contractor.

By agreeing to the processing of personal data, the Customer, in particular, agrees to the Contractor's newsletter by e-mail, messengers, SMS, in particular by calling the mobile phone number specified by the Customer. The Customer may refuse such mailing by submitting a written application to the Contractor.

4.2.2. The Customer has paid for access in accordance with the selected Tariff and Rate.

4.3. The access service is provided to the Customer in the amount in accordance with the selected tariff and payment made:

- access to the Course is granted to the Customer upon receipt of payment for the Course by sending instructions for registration and completion of the Course to the e-mail address specified in the application. Unless otherwise stated by the Customer within one business day from the date of payment, access shall be deemed granted.

The Services shall be deemed rendered from the moment the instructions for registration for the Course are sent to the Contractor's e-mail address specified in the registration application.

4.4. The transfer of instructions for access to information materials by the Contractor to the Customer shall constitute proper performance of this Agreement by the Contractor.

4.5. The duration of the period of the Customer's access to the information materials depends on the Course and the Fee selected by the Customer. The terms of providing access to the information materials are indicated in the description of the Tariffs and Courses on the Contractor's Website.

4.6. No information, materials and/or consultations provided by the Contractor as part of the services under this Agreement may be considered as a guarantee. Decision-making on the basis of all information provided by the Contractor shall be the sole responsibility of the Customer. The Client assumes full responsibility and risks associated with the use of information and materials provided by the Contractor as part of the performance of its obligations under this Agreement.
5. The cost of access services and the procedure for settlements.
5.1. The cost of providing access is indicated on the Contractor's Website.

The cost is subject to change and depends on:
- the selected Tariff (cost of the Course / duration of access);
- individual discount of the Customer
- the term of payment.

5.2. Payment for the Access Services shall be made by the Customer in the form of prepayment in the amount of 100% of the amount of the Services.

5.3. Payment under this Agreement shall be made in a non-cash form by bank transfer using Internet acquiring systems or other payment providers and systems for accepting payments via the Internet. Payment may also be made by bank transfer to the current account of the Contractor.

5.4. Payment obligations shall be considered fulfilled from the date of receipt by the Contractor of the payment amount in full.

5.5. The Customer independently monitors the change of the Contractor's details specified in this Offer and is responsible for the correctness of payments made by him.

5.6. All payments under the Agreement shall be made in the currency of Ukraine. For advertising purposes, the Customer may use the indication of any other type of currency on the Website or in any other advertising materials.

5.7. Payment under this Agreement may be made by the Customer by attracting credit funds by concluding appropriate agreements with banks and other credit organizations. If the Customer takes out a special-purpose loan to pay for access to the information materials under this Agreement, the obligations to pay for access shall be deemed fulfilled from the date of transfer of the required amount of money to the Contractor's account by the credit institution.

5.8. When paying for the order by credit card, payment processing (including entering the card number) takes place on the secure page of the processing system. The Contractor does not have access to the Customer's confidential data (card details, registration data, etc.), their processing is fully protected and no one, including the Contractor, can obtain the Customer's personal and banking data. When working with card data, the information security standard developed by the international payment systems Visa and MasterCard - Payment Card Industry Data Security Standard (PCI DSS) is applied, which ensures the secure processing of the Holder's bank card details. The Contractor shall not be responsible and cannot be held liable for the security of banking data, as it does not have access to it. When conducting transactions under the Agreement, the parties proceed from the fact that the data transmission technology used by payment systems guarantees security in transactions with bank cards through the use of Secure Sockets Layer (SSL), Verified by Visa, Secure Code, and closed banking networks with the highest degree of protection. When paying for the order with a bank card, a refund is made to the card from which the payment was made.

5.9. Payment under this Agreement is not subject to VAT, due to the use of the simplified taxation system by the Contractor.
6. Refund of payment under the Agreement
6.1. The amount of payment for access to the information materials shall be refunded if the Customer, prior to providing instructions for access to the Personal Account, has sent the Contractor an application for a refund of the payment amount.

6.2. The Customer's withdrawal from the Agreement shall be made at the Customer's request made in writing and sent to the Contractor's e-mail.

6.3. The fact that the software on the Customer's personal computer (laptop/smartphone/tablet) and its hardware do not allow viewing and studying the Course materials shall not be grounds for a refund.

6.4. The decision to refund or refuse to refund the funds shall be made by the Contractor within 10 (ten) days from the date of receipt by the Contractor of the Customer's written request for a refund.

6.5. The funds shall be returned to the account of the Customer from which the payment was made, or to another account as agreed by the Parties. At the same time, the Customer is informed that the Contractor shall not refund the fees paid by the Customer to banks or other credit organizations, since these costs are the Customer's expenses that he/she shall bear independently.

6.6. The funds shall be refunded minus the Contractor's expenses for acquiring fees, taxes, etc. Usually, the amount of such expenses is 10% of the Course price.

7. Rights and obligations of the parties
7.1. The Contractor shall:

7.1.1 Provide the Services in proper quality, within the time period agreed by the parties.

7.1.2 Provide the Customer with access to the Course in accordance with the Tariff selected by the Customer

7.1.3 Provide information support to the Customer during the performance of practical tasks in the course of mastering the information materials of the Course, if such support is provided for by the Tariff chosen by the Customer.

7.1.4 If it is provided by the Tariff, provide access to the general chat for those taking the Course. Access to the chat is provided for the period specified on the Contractor's Website.

7.2. The Contractor has the right to:

7.2.1 Change the scope of services provided, the cost, terms and conditions of this public Agreement without prior agreement with the Customer.

7.2.2 Add the Customer's e-mail address and mobile phone number specified during registration to its mailing list of letters, notifications in messengers, SMS, and calls to inform the Customer about new courses of the Contractor.

7.2.3 Suspend the provision of the Services under this Agreement in case of receipt of the Customer's notification of a refund request through the support service.

7.2.4 Engage third parties to provide the Services under the Agreement.

7.3. The Customer undertakes to:

7.3.1 Comply with and ensure compliance with all the rules for receiving the Services established by the Contractor in this Offer or posted on the Website, sent to the Customer at the e-mail address specified in the Order, in particular the Rules of Conduct for the Customer during the Course.

7.3.2 Pay in full for the provision of access to information materials/Courses.

7.3.3 Not to distribute information materials received during the provision of the Services, as well as not to record them on audio and/or video media. In case the Customer allows the dissemination of the said information, he/she shall be liable to the Contractor for the damage caused by the fact of dissemination of the information by paying a fine, as well as compensation for damages, including lost profits.

7.3.4 Ensure the protection of access to your Personal Account and not transfer the rights under this Agreement to third parties without the written consent of the Contractor. If the Customer establishes the facts of unauthorized access to his/her account, he/she undertakes to notify the Contractor's support service of this circumstance as soon as possible by e-mail specified in Section 10 of the Agreement.

7.4. The Customer has the right:

7.4.1 To receive services from the Contractor under the terms of this Agreement.

7.4.2. to refuse letters sent by the Contractor by clicking on the link specified in the e-mail, as well as from informing by mobile phone by sending a written application to the Contractor's e-mail address.
8. Validity period and amendment of the Offer
8.1. This Offer shall enter into force from the moment the Customer accepts the Offer and shall be valid until the Parties fully fulfill their obligations, and in terms of protection of rights to copyright and related rights, other intellectual property objects - indefinitely.

8.2. The Customer agrees and acknowledges that making changes to the Offer entails making these changes to the Offer agreement concluded and in force between the Customer and the Contractor, and these changes shall enter into force simultaneously with such changes in the Offer.

8.3. By continuing to use the Website or the Platform with the Course materials after the relevant changes come into force, the Customer agrees to the terms of this Agreement in the new version.
9. Liability of the parties and final provisions
9.1. For non-fulfillment or improper fulfillment of obligations under this Offer, the Parties shall be liable in accordance with the current legislation of Ukraine.

9.2. The Customer shall be liable for violation of the copyright and related rights of the Contractor, clauses 2.3., 7.3.3., 7.3.4. in the amount of 20,000 (twenty thousand) hryvnias of Ukraine for each fact of violation.

9.3 All disputes and disagreements that may arise out of or in connection with this Agreement shall be resolved through negotiations between the Parties. If it is impossible to reach an agreement through negotiations, the Parties shall apply to the court.

9.4. Without prejudice to the foregoing, the Contractor shall be released from liability for violation of the terms of this Agreement if such violation is caused by force majeure, including: actions of public authorities (including adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, wars, strikes, civil unrest, riots, any other circumstances, not limited to the above, which may lead to a violation of the terms of the Agreement, as well as
the terms of the Agreement, as well as computer network failures, fires, floods, earthquakes, etc.

9.5. The Customer shall not be entitled to assign its rights under the Agreement to third parties without the written permission of the Contractor.

9.6. Any notifications related to the performance of the Agreement may be sent:
To the Customer: by e-mail and/or through messengers linked to the phone number specified during registration in the process of Acceptance of the Offer.

To the Contractor: to the Contractor's e-mail address specified in Section 10 of the Agreement, from the Customer's e-mail address specified by him during the Acceptance of the Offer.

9.7. Payment under this Offer means acceptance of all the conditions (clauses) listed above, as well as confirmation of the fact that the Customer is fully familiar with the services provided to him, their characteristics, method of provision and cost.

9.8. The Contractor shall not be liable for the inability to provide the Customer with information on access to the purchased Course if the Customer enters an incorrect e-mail address during registration.

9.9. The Contractor shall not be liable for the Customer's inability to access the Course, complete the program provided by the Course due to the lack of necessary technical means, peculiarities of the Internet connection, its absence or lack or incorrect operation of the software on the Customer's side.
10. Details of the Contractor
UKRAINIAN INSTITUTE FOR THE STUDY OF PERSONALITY DISORDERS
Individual entrepreneur
Lemeshchuk Oleksiy Vadymovych
RNOKPP 2767410316
Legal address: 11 Svitlyi lane, apartment 70, Odesa, 65062, Ukraine
oleksii@borderline.institute

Place of conclusion of the contract: Ukraine, Odesa.
Appendix No. 1 to the Public Offer Agreement for the provision of access rights to information materials
Rules of conduct of the Customer during the Course development
By entering into the Agreement, the Customer, in particular, undertakes to:

1. Make a payment in accordance with the payment rules and terms of the Offer Agreement or the Tariff selected on the Contractor's Website (100% prepayment or payment by installments)

2. provide reliable information about your identity
This is necessary in order to:
a) to get access to the course and notifications as you master the information materials,
b) in general, to receive a service that is relevant to him/her and his/her goals
c) to calmly and quickly resolve disputes when it is necessary to establish the identity of the customer/payer for the course

3. to activate access and use the information provided according to the schedule. If the Customer fails to fulfill this obligation, the Contractor shall not be liable if the Customer does not proceed with the course program and the course is completed.

4. to respect copyright and related rights (to ensure confidentiality of access, not to distribute course materials on the Internet or in any other way)

5. not to violate the business reputation of the online course

6. not to violate the rights of other participants who have access to information materials:
a) behave correctly and with respect for all other participants while communicating in chats and correspondence with the Contractor;
b) not to send spam, not to distribute information not related to the course, including advertising of third-party projects.

7. provide yourself with a sufficient Internet connection to familiarize yourself with the Course materials, submit completed assignments, participate in Webinars, and correspond in chats.

If you change your PC / mobile phone / other device and cannot access it, you should immediately contact the Contractor for re-registration and re-issuance of access.

If any of these obligations are not fulfilled by the Customer, the Services shall be paid for in full, no refunds shall be made. In this case, the Contractor shall not be liable for the Customer's inability to familiarize themselves with or obtain the information provided for in the Course program.