on service subscription contract for chess training participants
2022, Emirate of Dubai
This public offer (hereinafter referred to as the “Offer”) is an official offer by
CHESSYES EDUCATION COMPUTER SOFTWARE L.L.C (Limited Liability Company - Single Owner), hereinafter referred to as the Contractor, represented by the director - Kuzin Anton, acting on the basis of MEMORANDUM OF ASSOCIATION,
to conclude with a legally capable natural person (hereinafter referred to as the "Customer") acting on his own behalf and in his own interests, or acting as a Representative of a minor Participant (child) an agreement for the provision of services (hereinafter referred to as the "Agreement") on the terms stipulated by this Offer.
This document is a public offer.
The Contractor reserves the right to amend the terms of the Offer and / or withdraw the Offer at any time at its discretion without any special notice to the Customer. The changes made by the Contractor to the Offer come into force from the moment the changes are posted on https://chessyes.net,unless another date for the changes to come into force is additionally determined upon such placement.
All Annexes to the Offer are its integral part.
1. THE SUBJECT OF THE AGREEMENT.
1.1. The Contractor, under the scope of the project the International Club of Intellectual Games "CHESSYES" provides to the Customer (Participant) information and consulting services in the form of trainings indicated in the schedule posted on the website https://chessyes.net/schedule/. Trainings are held in a mixed format - self-training based on the materials provided by the Contractor and online consultations with the Contractor’s coaches.
1.2. The service is considered to be provided in full from the moment the Customer is provided with a code (access) to methodological materials and training manuals: "Modern Chess School". After that, an indication of a sole refusal of the service is impossible and the service is considered to be provided in full. Consultations with the Contractor's masters-coaches are an integral part of the training and are attended by the Customer voluntarily.
1.3. Educational and methodological complexes, on the basis of which online consultations are conducted within the framework of the training, are copyrighted developments and / or acquired intellectual property of the Contractor, are protected by copyright and are not subject to segmentation by hours in order to return funds to the Customer, since the Customer is provided with a one-time access to all elements of educational and methodological materials of the training during the entire period of its implementation.
1.4. Discounts and special offers:
- a 10% discount is provided there are 2 or more children participants or more from the same family, to the families with many children or participants in chess events of the International Club of Intellectual Games "CHESSYES" project, who have a valid subscription to attend chess classes.
1.5. The timing of the trainings and information about coaches involved are specified in Annex 1 to this Agreement.
1.6. Age of participants of the event: children from 4 to 18 years old.
1.7. Method event implementation: classes are held on the platform https://chessyes.net
1.8. Payment is made by monthly subscription payment.
2. THE AGREEMENT CONCLUSION PROCEDURE
Acceptance of the Offer - full and unconditional acceptance of the Offer by performing the following actions:
The Agreement is concluded by acceptance of the Offer by the Customer, that is, by the Customer's expression of full and unconditional acceptance of the terms of the Offer.
Acceptance of the Offer is the following action by the Customer:
- pressing by the Customer at the stage of payment for the selected type of ordered subscription on the Website the "PAY" button and the corresponding button for going to the next page of the order to fill the Application for the processing of personal data of a client under the age of 18 years.
The moment of the Agreement conclusion is considered the moment when the Contractor receives the acceptance of the Offer by the Customer.
The place of the Agreement conclusion is the city of Dubai (the Emirate of Dubai within the United Arab Emirates).
Before the acceptance of the Offer, the Customer is obliged to read and acknowledge all the conditions of this Offer. The Customer who has accepted the Offer is considered to have read and agreed with all the terms of the Offer in the form in which they are set forth in the text of the Offer, and is considered as a person who has entered into a contractual relationship with the Contractor.
At the same time, the Agreement is considered concluded in writing on the terms of this Offer and is equivalent to the Agreement signed by the two Parties. The Agreement cannot be revoked, does not require sealing, and / or signing by the Customer and the Contractor, and at the same time remains legally valid.
By accepting the terms of the Offer, the Customer fully confirms own legal capacity to conclude the Agreement, financial viability, and is also aware of the responsibility for the obligations imposed on the Customer as a result of the conclusion of the Agreement.
By the fact of payment for services - acceptance of the offer-agreement, the Customer gives consent to the Contractor for the processing of personal data of the Customer (Training Participant), including photo, video shooting of the training and its participants (without personal identification) and the use of training materials for advertising purposes.
3. OBLIGATIONS AND RIGHTS OF THE PARTIES
3.1. The Contractor's obligation is to provide a service, namely holding of online events - combined chess trainings (providing the possibility of self-study of the Customer plus additional consultations of highly qualified coaches) in order to stimulate activity and structure of children thinking processes (concentration, planning, reflection, memory, counting, analysis, introspection).
During the training, its participants are provided with the opportunity to:
- learn the basic principles of chess,
- get acquainted with the features of chess strategy and basic openings;
- prepare psychologically for participation in a chess tournament;
- develop self-study skills when mastering chess skills.
3.2 Protection of intellectual property and rights to the results of intellectual activity:
3.3.1. The Customer, without the written consent of the Contractor, in order to ensure the rights to the result of intellectual activity and protect copyrights, is prohibited from distributing information obtained during the chess training (to publish, post on Internet websites, copy, transfer or resell to third parties) for commercial or non-commercial purposes .
3.3.2. The Customer and the Participant are prohibited from copying or otherwise storing in the memory of electronic devices and copying and distributing on electronic and paper media the methodological materials, handouts and textbooks purchased by other Customers from the Contractor to receive in full the services provided for in this agreement.
3.3.3. The Customer and the Participant are prohibited from creating other information products on the basis of methodological materials, handouts and textbooks purchased from the Contractor for personal use, using the textual, graphic and photo information contained in them in any other way than for personal use.
3.3.4. All information materials provided by the Contractor to the Customer and the Participant during the chess training, as well as photo and video recording during the chess training, are the intellectual property of the Contractor, all rights to which are protected by international law.
3.3.5. Illegal use (reproduction, distribution, import, public display, etc.) of the specified materials, information, works and training books of the Contractor without the written consent of the latter entails civil, administrative and other liability in accordance with Federal Decree-Law no. (38) of 2021 ON COPYRIGHTS AND NEIGBOURING RIGHTS, in full compliance with WIPO, WTO, Paris Convention. Violators of intellectual property rights face imprisonment of up to 3 months, in case of relapse - up to 6 months and a penalty of 500,000 dirhams.
3.4. The Contractor is responsible for obtaining consent from the subjects of personal data for the transfer, storage, distribution and processing of personal data on all information transmitted to the Contractor by the Customer.
3.5. The Customer undertakes:
3.5.1. To study the received methodological materials. Connect an electronic information transmission device to the broadcast channel / be present at the venue of the offline event at the appointed time (ensure the Participant's presence). Detailed instructions on the date and time of connection / start of the offline event are specified in Annex 1 to this Agreement. In case of refusal of the service, the Customer (Participant) notifies the Contractor of this no later than 12 hours before the start of the chess training.
3.5.2. Pay for the services provided before the start of the training.
3.5.3. Do not publish the image of the faces of the training participants, in order to comply with the requirements of the Federal Decree-Law No. 45 regarding the Protection of Personal Data of January 02, 2022, without obtaining the consent of the representatives of the training participant, in order to avoid liability in accordance Federal Decree-Law No. (34) of 2021, regarding combating rumors and cybercrime, which says "anyone who uses information technology or any means of information technology to collect, archive or process personal information and data relating to the Emirates or residents of the UAE in violation of the laws in force in the state", is sentenced to detention and / or a penalty of AED 50,000 or more.
3.6 The Contractor reserves the right to record the ongoing trainings, including for the purpose of ensuring control over the course of their conduct and ensuring the safety of participants.
3.7. The Contractor reserves the right to terminate the provision of the service with the subsequent decision on the termination of the participation of the Customer (Participant) in the training without refund if the person whose participation in the training was paid for by the Customer violates the rules of conduct at the training, namely: inciting international conflicts, distracting participants from the topic of the event, propaganda of violation of the quarantine regime, propaganda of violations of the law, propaganda of violence, participation in online broadcasts and online discussions while under the influence of alcohol, drugs, toxic intoxication, obscene statements, rudeness, insulting the host, service personnel or other participants.
4. RESPONSIBILITIES OF THE PARTIES
4.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Contractor and the Customer are liable in accordance with the current legislation of the UAE.
4.2. The Contractor shall not be liable to the Customer for providing information materials not to the Customer, but to third parties, if the Customer (Participant) has provided incorrect (inaccurate) contact details.
4.3. In case if, for any reason, the Contractor did not conduct the training on time, the responsibility of the Contractor is limited solely to conducting the relevant training within the new time frame.
4.4. The Contractor is not responsible for how the Customer used the information and skills obtained during the information and consulting services, and for the results of such use of the information received by the Customer.
4.5. The Contractor shall not be liable in case of improper provision of the service, if the improper provision was the result of the unreliability, insufficiency or untimeliness of the information provided by the Customer about the Training Participant (name, age, level of training), as well as due to other violations of the terms of this Agreement by the Customer.
4.6. The Contractor is not responsible for the non-compliance of the service provided with the Customer's expectations and / or for his subjective assessment, such non-compliance with expectations and / or negative subjective assessment are not grounds for the return of the money paid.
4.7. The Contractor shall be released from liability for full or partial failure to fulfill the obligations stipulated by this Agreement, if this failure was the result of force majeure circumstances that appeared after the conclusion of the Agreement, as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures (force majeure).
4.8. The total liability of the Contractor under this Agreement, for any claim or claim in relation to this Agreement or its performance is limited to 1/8 of the amount of the payment paid to the Contractor by the Customer under this Agreement.
5. PROCEDURE OF PAYMENT. REFUND PROCEDURE
5.1. Payment for participation in the training is carried out monthly in the amount established in Annex 1 to this Agreement in relation to the selected training, by transferring the specified amount to the account of the Contractor.
5.2. The payment is not subject to additional taxation.
5.3. The Customer independently pays for the services of banks related to the transfer of funds to the Contractor's account. The Customer is solely responsible for the correctness of payments made.
5.4. This Agreement has the force of the Certificate of services provided. No requirement for a refund in accordance with clause 5.5. of this Agreement, means that the services are provided on time and of proper quality. Acceptance is made without signing of the statement of transfer and acceptance. This Agreement has the force of the Statement of transfer and acceptance in full.
5.5. Conditions and procedure for the return of funds for the provision of information and consulting services:
5.5.1. The Customer has the right to refuse to fulfill obligations under this Agreement and terminate this Agreement unilaterally by notifying the Contractor in writing at least 12 (twelve) hours before the start of the first day of training, subject to payment to the Contractor of the expenses actually incurred by the Contractor for the fulfillment of obligations under this Agreement.
5.5.2. Refunds are possible only before the start of the provision of services in accordance with clause 1.2. of this Agreement.
5.5.3. The Contractor has the right to refuse to fulfill obligations under this agreement and unilaterally terminate this agreement by notifying the Customers on the website no later than 1 (one) day before the start of the training. In this case, the funds are either returned to the Customer in full, or can be credited to pay for other services and the purchase of other products of the Contractor - upon additional agreement with the Customer.
5.5.4. Refunds are made within 15 business days from the moment the Parties agree on the decision to return, carried out on the basis of a reasoned written personal Refund Application signed by the Customer.
6. TERM OF THE CONTRACT. DISPUTES RESOLUTION.
6.1. This Agreement comes into force from the moment of its acceptance by the Customer and is valid until the parties fulfill their obligations under the Agreement.
6.2. All disputes and disagreements arising between the parties regarding the fulfillment of obligations under this Agreement will be resolved through negotiations on the basis of current legislation and business customs.
6.3. If it is impossible to resolve disputed issues during the negotiation process, disputes are resolved in court after observing the claim procedure for considering a dispute, in accordance with applicable law.
6.4. In all other respects that are not provided for in this Agreement, the parties are guided by the current legislation.
7. CONTRACTORS DETAILS
CHESSYES EDUCATION COMPUTER SOFTWARE L.L.C
(Limited Liability Company – Single Owner)
Issue Date 05|09|2022
Expiry Date 04|09|2023
Register N 1792987
DCCI N 416766
Main License N 1095772
Office 201-055, CITY TOWER 2
TRADE CENTER FIRST, DUBAI
UNITED ARAB EMIRATES
BANK ACCOUNT DETAILS
Account Number 9905416996
IBAN AE 74086 0000009905416996
SWIFT code WIOBAEADXXX
MANAGER ANTON KUZIN
MEMORANDUM OF ASSOCIATION
Parcel ID 335-353
mobile N 971-58-8260974