The text of this Agreement, permanently posted in the Internet at https://fless.pro/legal/user-agreement-en contains all essential conditions and represents Fless Limited Liability Company’s offer to conclude an agreement with any third party using website https://fless.pro (hereinafter – the Website) on the terms and conditions specified in this Agreement. This Agreement is a public offer according to paragraph 2 of Article 437 of the Russian Federation Civil Code.
The proper acceptance of this offer according to Article 438 of the Russian Federation Civil Code shall be third party’s consequent completion of all the following actions:
- Reading the terms of the Agreement;
- Entry of reliable and up-to-date information (belonging to a third party and a valid e-mail address and name) into the registration forms at https://fless.pro or https://casecopilot.com, or entry of the same information by importing it from Facebook or Google account by the applications located in the same registration form;
- Pressing “Sign up” button in the completed registration form confirms the following user’s consent “I accept the terms of the Agreement and consent to process my personal data” in the registration form;
From the moment of pressing “Sign up” button and filling in all registration data, the registration on the Website is considered completed, the offer is duly accepted, and the terms of this Agreement are binding for the registered person.
1. TERMS AND DEFINITIONS
1.1. In this Agreement, unless expressly stated otherwise, the following terms will have the following definitions:
“Administrator” – Fless Limited Liability Company, PSRN 1197746139315, TIN/ IEC 9725003319/772701001, address: 117042, 7, Venevskaya Street , apartment 133, Moscow.
The Administrator is not an organization engaged in educational activities and does not issue education and/or qualification documents;
“Interactive courses” – A set of audiovisual (video lectures), textual, graphic materials and computer programs (software for performing test tasks) on a common topic, intended for the User to obtain new or develop existing skills and knowledge on the specified topic.
“Free courses” – Audiovisual material (webinar), access to which, as well as all material, is free of charge at the Administrator’s discretion.
“Website” – A set of information, texts, graphic elements, design, images, photo, audio and video materials, and other protected results of intellectual activity and property designations of the Administrator, as well as computer programs contained in the system providing access to such information at https://fless.pro.
“Promotional event” – A promotion, contest or other activity of the Administrator not contradicting the law aimed at increasing the User’s interest in interactive courses.
“Personal account” – a set of protected pages of the Website, created as a result of User’s registration, proving User with access to paid interactive courses after paying for it, possibility to obtain information about them, possibility to change the User’s information, password, as well as other actions provided by the Personal account.
Access to the Personal account is provided by entering the personal data in the boxes provided on the Website.
“Blog” – the Website’s section located at https://fless.pro/category/blog that contains articles on various subjects.
“Agreement” – this User Agreement.
“Parties” – the Administrator and the User.
1.2 All other terms and definitions found in the Agreement shall be interpreted by the Parties in accordance with the legislation of the Russian Federation and the usual rules on the respective terms interpretation established in the Internet.
1.3 The titles of the Agreement’s headings (articles) are intended solely for convenience and shall not be interpreted literally.
2. SCOPE OF THE AGREEMENT
2.1. The Administrator grants to the User the right to use the Website, personal account, the Website’s services for their direct purpose, including accessing the Website, personal account from personal computers and mobile devices and by using the Website’s functions, personal account on the terms of a gratuitous non-exclusive license on the page of access to the Website, personal account and their functions for the period when the Website, personal account and their functions remain available for the User.
2.2. The Administrator provides the User with services on providing access to the Website, video courses, interactive courses, free classes, articles in order to organize the User’s self-study on a certain topic necessary for him.
3. WEBSITE REGISTRATION PROCEDURE
3.1 The Administrator provides the User with access to information about the Website, interactive courses, course library, free classes, the blog before registration.
3.2 After registration on the Website, in addition to the access specified in clause 3.1 of the Agreement, the User shall be provided with access to paid classes, the opportunity to purchase access to interactive video courses for a fee, as well as access to other functions of the Website and the personal account provided explicitly.
3.3. After filling in the registration form on the Website, the User is provided with access to the personal account by the account data i.e. e-mail address and password. Password can be changed by the User at any time after registration.
3.4 The User is obliged to ensure the password’s security and safety. If the User loses or compromises the password, as well as if third parties illegally gain access to the personal account, the User shall immediately inform the Administrator by phone +79017543465 or by e-mail to email@example.com. Until such notice is received, all actions performed though the User’s personal account will be considered to be performed by the User.
4. USE OF PERSONAL ACCOUNT AND WEBSITE PROCEDURE
4.1 Upon completion of registration, the User gets access to the personal account. The User’s personal account displays information about interactive courses started and completed by the User, the User’s possibility to access the library of courses for a fee and to free classes, promotional events, payments made for access to interactive courses.
4.2. The User can pay for access to online courses in the personal account.
4.3. The User has access to articles and other materials presented on the Website and the possibility to leave comments on such articles and materials.
4.4. In order to access certain interactive courses and free classes the User may be required to comply with the Administrator’s special technical requirements posted on the Website.
4.5. The Administrator has the right to change the topics of individual classes, change the classes content, the number, name and type of materials included in the courses at any time at his sole discretion including free classes and interactive courses. In this case, the Administrator guarantees that such changes will not lead to deterioration in the online and free courses’ quality. Information about such changes will be published directly on the the Website’s course page.
4.6. The User must use the Website and the personal account in good faith, without violating Russian laws, the rights and freedoms of third parties, and morality.
5. TERMS AND CONDITIONS OF ACCESS TO THE ONLINE COURSES
5.1. The User has access to information about each interactive course, its description, topics and duration, teachers, number and title of materials (audio-visual, text, graphics). The User has access to information about the cost of courses and the possibility to pay for each online course.
5.2. Access to each interactive course is available to Users who have paid the cost of the online course in the manner prescribed by the Agreement and specified on the Website’s relevant page. Access is provided through a personal account.
5.3. Courses provide for video-lectures and software tools in the form of a test to check the User’s performance. Testing is carried out automatically by the Website’s software tools.
5.4. In case of positive results of all course tests, the User is granted a certificate of passing the course indicating the subject of the course, as well as the User’s name and surname according to the data from the personal account.
5.5. Upon completion of the course, the User has the right to evaluate the course and leave a comment. The Administrator reserves the right to delete comments of the Users that are recognized by the Administrator as contradicting Russian legislation.
6. PROMOTIONAL EVENTS, PARTNERS
6.1. The Administrator has the right to hold any promotional events (in any form and by using any technology) by posting information about such events on any the Website’s pages in any sections at his discretion.
7. FINANCIAL TERMS
7.1. The Administrator provides access, without charging a fee, to free materials in the Blog section, as well as to the Website’s all other functionalities, which description does not imply to charge any fee.
7.2. The Administrator determines the cost of each online course by publishing the cost on the course description page. The Administrator has the right to change online course’s price at any time in his discretion. The cost of such interactive course, already paid by the User, shall not change either upward or downward. The new price shall apply to the legal relationship between the Administrator and the User that has arisen after its change.
7.3. The Administrator determines online course’s cost by publishing such cost on the Website’s relevant page. The Administrator has the right to change online course’s price at any time at his discretion. The cost of such interactive course, already paid by the User, shall not change either upward or downward. The new price shall apply to the legal relations between the Administrator and the User that have arisen after its change.
7.4. The Administrator is entitled to provide individual Users with discounts on online courses. The discount’s amount, the procedure and conditions of its provision are set by the Administrator at his discretion.
7.5. The Administrator has the right to provide any additional services to the User without charging an additional fee.
8. INTELLECTUAL PROPERTY AND RESTRICTIONS ON THE WEBSITE USE
8.1. By using the Website, the User acknowledges and agrees that all its content (including but not limited to: audiovisual files, text and graphic materials, computer programs, trademarks/service marks, logos), the structure of the Website content, program code of the Website and/or its parts are the results of intellectual activity, the exclusive right to which fully belongs to the Administrator. The exclusive right as well as other intellectual rights (if applicable) to the abovementioned results of intellectual activity shall not be considered as transferred to the User as a result of using the Website and concluding the Agreement.
8.2. The User shall not copy, modify, change, delete, supplement, publish, transfer the intellectual activity results contained on the Website, create derivative works, produce or sell goods/services based on them, reproduce, display or in any other way exploit or use such intellectual activity results without direct permission of the Administrator.
When quoting the Website’s materials, if it is expressly provided by its functions, the User undertakes to provide a link to the Website.
8.3. For the sake of clarity, the User is prohibited to:
– copy and/or distribute any information (including parts and components of interactive courses, articles, logos, and trademarks/service marks) obtained on the Website, unless such function is expressly provided on the page (e.g., “Share” / “Repost”);
– use the information obtained on the Website for business activities, profit making, or use in any illegal way, except for the skills obtained in the order specified in the Agreement;
– copy or otherwise use the software part (program code or part of code) of the Website, as well as its design;
– post personal data of third parties on the Website without their consent, including but not limited to: home addresses, telephone numbers, passport details, e-mail addresses;
– place commercial advertising, commercial offers, agitation information and any other promotional information on the Website, unless the placement of such information is expressly agreed with the Administrator;
– change in any way the Website’s software part, perform actions aimed at changing the Website’s functioning and performance;
– insult and otherwise violate the rights and freedoms of the Website’s other users, third parties, and groups of people;
– use foul language, distribute the information containing calls to mass disorder, carry out extremist activity, participate in the mass (public) actions violating the established order, distribute the information necessary to receive intellectual activity results.
9. PERSONAL DATA AND ITS USE
9.1 The purpose, procedure, terms and other essential conditions under which the Administrator processes the Users’ personal data are defined in the Administrator’s Policy on personal data processing located at https://fless.pro/legal/privacy-policy-en
10.1. In case of the User’s violation of the Agreement’s terms and conditions, Russian legislation, moral and ethical standards, or technical requirements, the Administrator has the right to block or delete his personal account, prohibit or restrict access to certain or all functions and interactive courses of the Website.
10.2. In case of providing access to the User’s personal account to third parties, the Administrator shall apply measures provided for in paragraph 10.1. of the Agreement at his own discretion. In this case, the Administrator has the right to completely block the User’s access to the personal account, interactive courses, including those paid for in advance by the User.
10.3. In case of violation of the Administrator’s intellectual rights by the User, as well as restrictions on the Website use specified in clause 8 of the Agreement, the Administrator has the right to block such User’s access to the Website and his personal account in full or in part at any time without notice, as well as, at his own discretion, apply to the respective User with a request to eliminate violations and/or request to eliminate violations through judicial procedures.
10.4. The Administrator shall not be responsible for the Website’s performance and does not guarantee its uninterrupted operation. The Administrator also does not guarantee the safety of information posted on the Website and the possibility of uninterrupted access to online courses and other materials.
10.5. The User uses the Website as presented, at his own risk. The Administrator shall not guarantee that the User will achieve any results due to the Website use.
11. SPECIAL CONDITIONS
11.1. The Website may contain links to other websites (third party websites). These third parties and their websites content is not verified by the Administrator for compliance with certain requirements (reliability, completeness, legality, etc.). The Administrator shall not be liable for any information, materials posted on third parties websites to which the User access through the Website, including any opinions or statements expressed on third parties websites, advertising, etc., as well as for the availability of such websites or content and the consequences of their use by the User.
11.2 The Administrator does not guarantee that the Website meets the User’s requirements, that access to the Website will be provided continuously, quickly, reliably and without errors.
11.3. Hardware and software errors both on the part of the Administrator and the User resulting in the User’s inability to access the Website and/or interactive courses shall be considered as force majeure circumstances and shall be grounds for exempting the Administrator from liability for non-fulfillment his obligations under the Agreement.
12. DISPUTE RESOLUTION PROCEDURE
12.1 All disputes, controversies and claims that may arise in connection with the conclusion, execution, modification, termination or invalidation of the Agreement, the Parties will seek to resolve through negotiations. The Party that has arisen claims and / or disagreements, shall send the other Party a message indicating the claims and / or disagreements.
The notice of the User about any claims and/or disagreements shall be sent by the User to the Administrator by e-mail firstname.lastname@example.org and duplicated in writing to the Administrator’s address specified in this Agreement.
Notice of the Administrator about any claims and/or disagreements shall be sent by the Administrator to the User at the User’s e-mail address provided during registration on the Website, or in any other way that allows to record the fact of sending.
12.2 In case of not receiving reply to a message by the Party that sent the message within 30 (thirty) business days from the date of sending it, or if the Parties fail to reach an agreement on claims and/or disagreements, the dispute shall be resolved in court at the Administrator’s location.
13. AGREEMENT MODIFICATION
13.1. The Administrator has the right to unilaterally change the Agreement’s terms at any time at his discretion, and such changes shall enter into force at the time of publication of the Agreement’s new version on the Website.
13.2 Each subsequent visit to the Website prior to use of the personal account and/or the Website other functionalities, the User undertakes to get acquainted with the Agreement’s new version. Continued use of the Website and the personal account will mean that the User agrees with the terms of the User Agreement’s new version.
13.3. If the User does not agree with the terms of the Agreement’s new version, he must stop using the Website.
13.4. If the User paid for the interactive course, but does not agree with the Agreement’s new version, such User must notify the Administrator by sending a message to email@example.com . In this case the User will be able to complete the paid online course and use it until the completion of the course. Upon completion of paid online courses the User shall stop using the Website or agree to the Agreement’s new version. In this case, continuation of using the personal account of the Website’s other functionalities will mean acceptance of the Agreement’s new version by the User.
14. FINAL PROVISIONS
14.1. The Agreement and all legal relations arising from it shall be governed by the laws of the Russian Federation taking into account its conflict of laws rules. All arising disputes shall be resolved according to the Russian Federation law.
14.2. The recognition by the court of the Agreement’s any provision as invalid or unenforceable shall not entail invalidity of its other provisions.
14.3. Inaction on the part of the Administrator in case of violation of the Agreement’s provisions by any of the Users does not deprive the Administrator of the right to take appropriate actions later to protect his interests and intellectual rights to his legally protected activity results posted on the Website.
14.4. The User confirms that he has read all the provisions of the Agreement, understands and accepts them.