This website https://www.b-bilichenko.com/ (hereinafter referred to as the “Site”) and the online course “BIO-Mehanika” (hereinafter referred to as the “Online Course”) are managed by the individual entrepreneur B. Bilichenko, who is registered and operates in accordance with the requirements of the legislation of Ukraine (hereinafter referred to as the “Contractor”).

​

This Public Offer Agreement (hereinafter referred to as the “Offer”, “Agreement”) is an official open offer of the Contractor to conclude an Agreement for the provision of Information Consulting Services by accepting this Offer on the Site.

​

1. DEFINITION OF TERMS

1.1. This clause determines the interpretation of the following terms, definitions and definitions used in this Agreement.

1.1.1. “Site” - a web page of the online course, located at the domain name:

https://www.b-bilichenko.com/ and managed by the Contractor, including the totality of all information posted on the Site, texts, graphic elements, design elements, images, photos and video materials and other results of intellectual activity, as well as information and technical means of the Site. The term “site” includes links to other open or closed web resources on which the Contractor posts the materials of the online course.

1.1.2. “Agreement”, “Offer” - a document published on the Site on the Internet, which regulates the relations between Users, Customers and the Contractor in the process of providing Information Consulting Services.

1.1.3. "Contractor" - an authorized person who exercises control over this Site and offers an unlimited number of persons (Users) the provision of Information Consulting Services.

1.1.4. "User" - any individual who has access to the Site, who uses the Site via the Internet.

1.1.5. "Customer" - a User who has accepted this Offer and is a recipient (consumer) of Information Consulting Services under this Agreement.

1.1.6. "Information Consulting Services", "Services" - provision by the Contractor to Customers of access to a complex of special online courses (including training videos, audio recordings, text support for courses) developed by the Contractor and/or information and consulting services that are part of the educational course complex.

1.1.7. "Software", "SOFTWARE" - an Internet browser (Internet Explorer, FireFox, Google Chrome and similar) for accessing information resources located on the Internet, other programs for transmitting, storing, processing the information provided.

1.1.8. "Cookies" - a small fragment of data sent by a web server and stored on the user's computer, which the web client or web browser sends to the web server in an HTTP request each time it tries to open a page of the corresponding site.

1.1.9. "IP address" - a unique network address of a node in a computer network, built using the IP protocol, which allows identifying the location and other information about the User.

1.1.10. "Financial agent" - a company that provides an Internet payment service that can be integrated into the functionality of the Site for payment by the Customer for services provided by the Contractor.

1.2. All definitions, terms and terms not defined in this section shall be interpreted in the meaning defined by the current legislation of Ukraine, and in the absence of such a definition - in their usual meaning.

​

2. CONDITIONS FOR ACCEPTING THE OFFER

2.1. The person (User) who has accepted the offer acquires all the rights and obligations of the Customer in accordance with Art. 638 of the Civil Code of Ukraine (hereinafter referred to as the "CC of Ukraine"). Acceptance of this Offer is carried out in two stages: filling in all the data of the online form and agreeing to this Agreement and the "Privacy Policy", which is carried out by clicking on the online form on the Site.

2.2. Acceptance of this Offer means that the Customer is fully familiar with the terms of this Agreement, the "Privacy Policy", the rules of the payment system - the financial agent (in case of connecting the Site to the payment system), the specifics of the functioning of the Site and the online course, within the framework of which the materials are placed, recognizes the unconditional suitability of the Site and the online course for carrying out actions and achieving goals that are the subject of this Agreement. And is equated in accordance with Part 2 of Art. 642 of the Civil Code of Ukraine to the conclusion by the parties of a bilateral written agreement on the terms set out below in this Offer.

​

3. SUBJECT OF THE OFFER

3.1. The subject of this Offer is the paid provision of information and consulting services to the Customer by the Contractor in accordance with the terms of this Offer in an interactive face-to-face and/or online format (remotely) for a fee paid by the Customer in favor of the Contractor.

3.2. Information consulting services (courses) provided by the Contractor may include information materials, technical, statistical, indicator and fundamental analysis, volume analysis, homework, video lectures, chat support, tests and report forms, lectures from specialists and other elements of the online course.

3.3. The Contractor, at its discretion, determines and places on the Site various variations of the complex of information consulting services (courses), which may differ in volume, content, terms and cost. Current and available courses for ordering, their variations, formats, and cost are placed on the Site.

​

4. TERM AND PROCEDURE FOR PROVISION OF SERVICES

4.1. Services under this Agreement are provided by the Contractor remotely via the Internet, using the Site or software (software) by providing access to a closed section of the Site or in an interactive face-to-face format, based on the specifics and features of the course selected and paid for by the Customer.

4.2. The term and details of the provision of Services under this Agreement are also determined by the specifics and features of the course or program selected and paid for by the Customer. Such information may be posted by the Contractor on the Site in the information block of courses available for ordering.

4.3. Provision of Services under this Agreement begins from the moment of payment by the Customer.

4.4. The schedule for completing training courses and stages provided for by the course is established by the Customer independently at its discretion. In order to achieve maximum efficiency in the implementation of the course, the Contractor does not recommend deviating from the schedule of classes established by the course.

​

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Contractor undertakes to:

5.1.1. provide the Customer with the Services paid for by the latter in accordance with this Agreement and the terms of the selected course;

5.1.2. in the order of execution of the Agreement and within the terms of the provision of the Services, provide the Customer with personal access to video lectures and other related and necessary information in the closed section of the site where the materials are located. Access to the closed section of the site where the course materials, programs are located is provided by the Contractor after full payment for the Services in the manner specified in this Agreement;

5.1.3. provide in an interactive face-to-face and / or online format (remotely) information and consulting services that are provided for by the course, program selected and paid for by the Customer;

5.1.4. check reports or homework, feedback to the Customer, if such provisions are provided for by the course selected and paid for by the Customer;

5.1.5. to strictly keep secret any personal and/or confidential information received from the Customer when providing Services under this Agreement in accordance with the Privacy and Personal Data Protection Policy posted on the Site;

5.1.6. to comply with the requirements of the legislation of Ukraine, including those relating to the processing, transfer and protection of personal data of Users and Customers.

5.2. The Contractor has the right:

5.2.1. to unilaterally change the content of the closed section of the site, the form of feedback and other consultations, as well as to change and supplement the content of information for the Customer;

5.2.2. in the process of providing Services to the Customer, to give specialized recommendations on the implementation of tasks provided for by the course, program, as well as on additional actions that allow increasing efficiency and are achieved through the implementation of course results;

5.2.3. unilaterally change and supplement the terms of this Agreement without prior agreement with the Customer or any other notification;

5.2.4. involve third parties to fulfill its obligations under the Agreement;

5.2.5. unilaterally terminate this Agreement in the cases and in the manner provided for by this Agreement.

5.3. The Customer undertakes to:

5.3.1. pay for the Services on the terms and in the manner provided for by this Agreement;

5.3.2. accept the Contractor's Services as they are performed in accordance with the provisions of this Agreement;

5.3.3. show respect for the Contractor, other Users and Customers;

5.3.4. not transfer access to the course materials or part of the Contractor's courses to third parties in any way, ensure complete confidentiality;

5.3.5. not to copy or distribute in any way (not to publish, not to place on other resources on the Internet, not to transfer/exchange or resell to third parties) materials belonging to the Contractor and received during the provision of Services, not to create information products based on them for the purpose of extracting commercial profit, and not to use this information in any other way than for personal use. In case of violation of this provision, the Customer shall be liable in accordance with this Agreement and the legislation of Ukraine;

5.3.6. when placing an order for Services, provide the Contractor by filling out forms or provide at his discretion relevant and truthful information in any form on the Site, necessary for communicating with the Customer within the framework of the provision of services under this Agreement, namely: last name and first name, account login, contact phone number, e-mail, other necessary information.

5.4. The Customer has the right:

5.4.1. to obtain from the Contractor information on issues related to the organization and ensuring the proper performance of the Services provided for in the offer.

​

6. COST OF SERVICES AND PAYMENT PROCEDURE

6.1. The cost of the Services provided by the Contractor and available for ordering is indicated on the Site or notified to the User/Customer in a personal message or by e-mail, and may be changed by the Contractor at its discretion at any time unilaterally. The changed cost is effective from the moment of publication or sending a message to the User/Customer and applies only to those services that are ordered after the publication of the new cost.

6.2. Payment for the Services is made by the Customer in the form of an advance payment of 100% of the cost of the Services online to the Contractor's bank account or through the electronic payment system of the Financial Agent, if used by the Contractor, implemented on the Site. In the case of using the services of the Financial Agent, the rules specified by such Financial Agent apply to the payment procedure.

6.3. The moment of payment is considered the receipt of funds to the Contractor's current account or through the Financial Agent.

​

7. REFUND TERMS AND CONDITIONS

7.1. The refund of funds by the Contractor shall be made upon the Customer's application sent to the Contractor's email address specified in the Agreement, no later than 14 (fourteenth) calendar days from the start of the provision of Information Consulting Services, except for cases of impossibility of providing the Services due to the Customer's fault.

7.2. The refund of funds shall be made after deducting the Contractor's actual expenses at the time of the refund. Such actual expenses of the Contractor shall include (but are not limited to), in particular: the commission of the electronic payment system of the Financial Agent or banking institution for the refund of funds. In addition, the Customer undertakes to pay the cost of access to video recordings and other course materials provided to him before the termination of the Agreement.

7.3. The decision to return or refuse to return funds shall be made by the Contractor within 5 (five) business days from the date of receipt of the relevant application from the Customer.

7.4. The funds are returned to the Customer's account from which the payment for the services was made, or another account specified by the Customer, within 14 (fourteen) business days after the decision to return is made.

7.5. The request for a refund of the amounts paid, submitted by the Customer after the end of the online course, is considered by the Contractor if the Customer provides written evidence that the relevant service, which is included in the purchased package of services, was not provided (provided improperly) due to the fault of the Contractor. In the event of the fact of non-provision of services (provision of services of inadequate quality), the Contractor shall refund the money minus the actual costs of the Contractor, determined at the time of return according to the rules of clause 7.2. of this Agreement.

7.6. Access to the closed section of the site for the Customer is terminated within 1 (one) day from the date of sending the application for the relevant refund to the Contractor. The Customer's stated request for a refund is also considered a withdrawal of the previously given acceptance specified in clause 2.1. of the Agreement.

7.7. Applications for a refund sent to the Contractor after the completion of the provision of Information Consulting Services are not considered.

​

8. VALIDITY OF THE AGREEMENT

8.1. The Agreement shall enter into force from the moment of acceptance of the offer by the Customer and shall be valid until the Parties fully fulfill their obligations.

8.2. The Agreement may be terminated between the Parties in accordance with the procedure provided for by the current legislation of Ukraine, as well as:

8.2.1. unilaterally at the initiative of the Contractor if the Customer has violated the terms of this Agreement, intellectual property rights or related rights of the Contractor to place its courses and components of their materials. In this case, the funds paid by the Customer under this Agreement are not refundable and constitute a penalty (fine) for the actions of the Customer.

8.2.2. unilaterally at the initiative of the Contractor if the Customer has violated the rules of conduct in the process of receiving Services under this Agreement, namely: inciting interethnic conflicts, spam, placing advertisements, obscene language, rudeness, insults to the Contractor, insults to other Customers and/or Users of the online course. In this case, the funds paid by the Customer under this Agreement are not refundable and are a penalty (fine) for the Customer's actions.

​

9. OTHER PROVISIONS

9.1. The Contractor is exempted from fulfilling its obligations as a result of force majeure: natural phenomena (earthquake, flood, etc.); certain prohibitive measures of the state, as well as circumstances of public life: military actions, prohibitions in connection with martial law, pandemics, epidemics, large-scale strikes, and so on, that is, such phenomena, the impact of which occurs from the outside and is inevitable.

9.2. The Contractor may impose a fine of 100,000 (one hundred thousand) UAH. 00 kopecks on the Customer or User for each detected case:

9.2.1. violation of intellectual property rights or related rights of the Contractor, namely: unlawful and/or illegal placement/distribution/sale/exchange of courses, online materials, including parts or components of materials or other intellectual property objects that were received by the Customer or User during the course.

9.2.2. creation of similar/similar courses, online materials, including parts or components of materials or other intellectual property objects that were received by the Customer or User during the course.

9.3. The invalidity of a separate part of the Agreement does not result in the invalidity of its other parts or the Agreement as a whole, if it can be assumed that the transaction would have been concluded without including the invalid part.

9.4. The current version of the Public Offer Agreement is available on the Site or its attachments at the following address on the Internet: https://www.b-bilichenko.com/public-offer

9.5. All proposals or questions under this Agreement should be reported via the feedback posted on the Site's web page.

9.6. The text of the offer is in Ukrainian.