Dashboard Courses Case studies Community

Public offer agreement on the provision of information and consulting services

Hamburg, Germany, September 19, 2021.

Private practice doctor Dr. Sergey Petrovich Popovich (LANR 058749362), hereinafter referred to as the Contractor (hereinafter referred to as the "Executor"), addresses this Agreement(hereinafter the Agreement) for the provision of information and consulting services (hereinafter - Services) to provide access to remote information and consulting services to any individual over 18 (eighteen) years of age who has expressed willingness to use the Services of the Contractor (hereinafter referred to as the "Customer").

1. Terms and definitions

In this Agreement, unless otherwise expressly follows from the text, the following terms will have the following meanings:

Confidential information – information that includes data about hardware and software, screens, specifications, designs, plans, drawings, data, prototypes, discoveries, research, development, methods, processes, procedures, teaching materials, improvements, "know-how", configurations, marketing techniques, and plans, technical and commercial information, materials in oral, demonstrative, written, graphic or machine-readable form that has not been published and is not available to the general public and (or) trade, and which is maintained as confidential and proprietary information for the disclosing party.

Platform – a website on the Internet located at the network addresses mammologicum.com and edu.mammologicum.com (hereinafter referred to as the "Site" and / or "Platform") – is the software and hardware complex of the Contractor , containing a combination of information, texts, graphic elements, design, images, photos and video materials (audiovisual works) and other objects of intellectual property, as well as computer programs contained in the information system that ensures the availability of such information on the Internet, trademark, etc., which belong to the Contractor on legal grounds.

The use by the Customer of the Site, its contents and components (both in general and in fragments) and other developed the **Executor **of software solutions does not mean the transfer to the Customer and (or) any third party of the rights to the results of intellectual activity, both in general and in part. The Site is an Internet resource designed to provide the Customer with access to information materials (the content of the Site) in order to provide the Customer with information and consulting services.

Materials – materials of information and consulting services, the rights to which belong to the Contractor (hereinafter referred to as “materials”, including graphic materials, texts, tests, video lectures, video tutorials, video consultations, practical exercises, etc. (information library); to access the materials, the Customer may be required to comply with special technical requirements posted on the Site.
Registration – the registration process on the Site implies that the Customer fills out a form, leaves his data, assigns a login (username) and password, with which he will be able to log into his personal account on the Site. All information provided by the Customer when concluding the Agreement must be reliable. The Contractor in case of doubts about the reliability of the data provided by the Customer, has the right to request additional information and (or) require confirmation of the provided information during the entire period of the provision of services. The request is sent to the Customer by e-mail specified during registration.

Personal Account (hereinafter referred to as the “Personal Account”) is a protected subsection of the Platform, created as a result of the registration of the Customer as a user and containing information about him, including, but not limited to, such as personal and contact details of the Customer, e-mail address, as well as other data necessary for the execution of the Agreement. The Personal Account displays information about the services available to the Customer. In the Personal Account, the Customer has the opportunity to send messages to the representatives of the Contractor.

Tariffs (also referred to on the Site as "Packages") – the cost of providing access (rights to use) to the Platform and its contents is determined on the corresponding page of the Contractor's Site. The Contractor has the right to establish various discounts from the cost of providing access (rights of use). At the time of the customer's choice payment options, the cost is final and cannot be changed.
Curator(hereinafter referred to as the "Curator") is a person whose duties include performing actions on behalf of the Contractor aimed at advising the Customer, including providing comments on the practical work performed by the Customer.

Trainings, webinars, consensus (hereinafter referred to as "Trainings") – remote classes for the provision of information and consulting services, which are access to resources and materials using the Platform, united by a single theme and having a common narrative structure and a set of practical works, the rights to which belong to the Contractor, including consultations of the Curators.

Other terms and definitions found in the text of the Agreement shall be interpreted by the Parties in accordance with the usual rules for the interpretation of the relevant terms established on the Internet.

2. Offer acceptance

The text of this Agreement is a public offer (in accordance with Articles 14-24 of the UN Vienna Convention on Contracts for the International Sale of Goods, 1980 - CISG). This Agreement shall enter into force from the moment it is posted on the Site. The Contractor has the right at any time, at its discretion, to change the terms of the Agreement or withdraw it in the manner prescribed by this Agreement.
If the Contractor changes the terms of the Agreement, the changes come into force from the moment the amended terms of the Agreement are published on the Website , unless a different period is specified by the Contractor in the relevant notice of changes.
In accordance with paragraph 1 of Article 18 of the UN Vienna Convention on Contracts for the International Sale of Goods, 1980 - CISG, the acceptance of the Agreement is tantamount to the conclusion of the Agreement on the terms set forth in this Agreement.
The Customer is considered to have entered into an Agreement with the Contractor by fully and unconditionally accepting the terms of this Agreement (acceptance) by performing the following actions in the aggregate:

familiarization with the terms of this Agreement, which establishes the conditions for using the Platform, by clicking the checkbox "I accept the terms of the user agreement and agree to the processing of my personal data" during registration;
expression by the Customer of consent to the terms of the Agreement by making payment in the manner specified in the Agreement;
registration on the Platform: entering reliable and up-to-date data, unique login (e-mail address), first name and/or last name (in accordance with an identity document) in the registration form, as well as a password and putting an appropriate mark on acceptance of the terms of this Agreement and Privacy Policy; confirmation of the e-mail address by clicking on the link sent to the specified address when registering the e-mail address.

Acceptance by the Customer of this Agreement means that he fully agrees with all the provisions of this Agreement.
From the moment of acceptance by the Customer, this Agreement is considered concluded. In confirmation of the conclusion of this Agreement and in the course of its execution, the Customer receives information letters to the e-mail specified by the Customer to the Contractor during registration.

Relations in the field of consumer protection are regulated by the consumer protection law in the European Union (DIRECTIVE 2011/83/EU).

3. Acceptance of the offer

The text of this Agreement is a public offer (in accordance with Articles 14-24 of the UN Vienna Convention on Contracts for the International Sale of Goods, 1980 - CISG). This Agreement shall enter into force from the moment it is posted on the Site. The Contractor has the right at any time, at its discretion, to change the terms of the Agreement or withdraw it in the manner prescribed by this Agreement.
If the Contractor changes the terms of the Agreement, the changes come into force from the moment the amended terms of the Agreement are published on the Website, unless a different period is specified by the Contractor in the relevant notice of changes.
In accordance with paragraph 1 of Article 18 of the UN Vienna Convention on Contracts for the International Sale of Goods, 1980 - CISG, the acceptance of the Agreement is tantamount to the conclusion of the Agreement on the terms set forth in this Agreement.
The Customer is considered to have entered into an Agreement with the Contractor by fully and unconditionally accepting the terms of this Agreement (acceptance) by performing the following actions in the aggregate:

familiarization with the terms of this Agreement, which establishes the conditions for using the Platform, by clicking the checkbox "I accept the terms of the user agreement and agree to the processing of my personal data" during registration;
expression by the Customer of consent to the terms of the Agreement by making payment in the manner specified in the Agreement;
registration on the Platform: entering reliable and up-to-date data, unique login (e-mail address), first name and/or last name (in accordance with an identity document) in the registration form, as well as a password and putting an appropriate mark on acceptance of the terms of this Agreement and Privacy Policy; confirmation of the e-mail address by clicking on the link sent to the specified address when registering the e-mail address.

Acceptance by the Customer of this Agreement means that he fully agrees with all the provisions of this Agreement.
From the moment of acceptance by the Customer, this Agreement is considered concluded. In confirmation of the conclusion of this Agreement and in the course of its execution, the Customer receives information letters to the e-mail specified by the Customer to the Contractor during registration.

Relations in the field of consumer protection are regulated by the consumer protection law in the European Union (DIRECTIVE 2011/83/EU).

4. Subject of the contract

In accordance with this agreement, the Contractor undertakes to provide the Customer with information and consulting services to provide access to remote classes to improve the skills of mammologists through the Platform and programs that allow video conferencing, and the Customer undertakes to accept these services and pay for them in accordance with the conditions provided for herein Agreement.
The number of Trainings conducted in accordance with this Agreement and the time of access to training materials is determined by the Tariff purchased by the Customer. By default, the time of access to all educational materials of the Platform is 6 months from the date of payment for access in accordance with the selected Tariff.
The methodology and format of the Training is determined by the Contractor.
The Customer's access to the Platform is provided by the Contractor through the web interface, after passing the appropriate registration procedure on the Platform and making payment by the Customer, in the manner prescribed by section 8 of this Agreement.
The Customer is obliged to ensure the confidentiality and security of his login and password used by him to access the Platform and its contents. In case of loss, as well as in cases of illegal access to the login and password by third parties, the Customer undertakes to immediately inform the Customer about this by sending a corresponding letter to the email address indicated on the Site. Until the said notice is sent, all actions are considered to be performed by the Customer. The Customer undertakes, under no circumstances, to provide third parties with his login and password used to access the Platform and its contents.

5. Rights and obligations of the parties

The Contractor undertakes:

In the terms agreed by the Parties, provide the Services to the Customer properly in accordance with the terms of this Agreement.
Do not disclose Confidential Information and data provided by the Customer n connection with the execution of this Agreement, do not disclose or disclose such facts or such information (other than information of a public nature) to any third party without the prior written consent of the Customer.

The Contractor has the right:

Determine the forms and methods of organizing the consultation process.
Use the services of any Curators for the purpose of timely and high-quality fulfillment of obligations under the Agreement.
Require the Customer to pay the cost of the Services in a timely manner in accordance with the terms of this Agreement.
During the entire period of granting access, the Contractor reserves the right to change the Curator and change the Training schedules.
The Contractor has the right, on its own initiative, to reschedule one or more Trainings (webinars) to another day, while informing the Customer at least one calendar day before the start date of the postponed Training (webinar).
Keep an audio or video recording of Trainings in order to control the quality of the process of providing the Services.
Suspend the operation of the Platform for the purpose of carrying out technical work, having previously notified the Customer of this no later than 24 hours before the relevant work is carried out.
Use the contact details specified by the Customer during registration to send information and promotional materials aimed at informing the Customer about the activities of the Contractor and the progress of the Contract. In the absence of a written or oral refusal by the Customer to receive these materials sent to the Contractor, consent to receive this kind of materials is considered confirmed.
Refuse the Customer to provide and renew the Services without explaining the reasons for the refusal.

The Customer undertakes to:

Provide the Contractor with all the information and data necessary to fulfill its obligations under this Agreement . This data includes:

Contact details requested by the Platform during registration.
Personal data requested by the Curator during the Trainings.
Make payment for providing access to the Platform in accordance with this Agreement.
Do not disclose Confidential Information and other data provided by the Contractor in connection with the execution of this Agreement, do not disclose or disclose such facts or information (other than information of a public nature) to any third party without the prior written consent of the Contractor.
Do not upload or otherwise make public the materials that are the information content (content) of the Platform, Trainings and other results of the intellectual activity of the Contractor or other right holders, in the absence of the express written consent of the copyright holder / Contractor.
Independently track all changes in the terms of this Agreement by reviewing their content located on the Site.

The Customer has the right:

Require the Contractor to fulfill its obligations under this Agreement on time and with proper quality. The training (webinar) is considered properly conducted if, within 1 (one) hour from the moment of its holding, the Customer does not inform the Contractor that it did not take place due to the fault of the Curator or the Contractor.
Contact the Contractor on issues related to the process of granting access, receive reliable information about the assessment of their knowledge.
Send the Contractor a request to replace the Curator, informing the Contractor 72 hours before the scheduled date of the next lesson and arguing your request in writing or orally.
Refuse to fulfill the terms of this Agreement if the Contractor has not begun to fulfill obligations under this Agreement.

The customer represents and warrants that:

I have read and agree with the terms of this offer and the Tariffs, as well as the Privacy Policy posted on the Platform.
I agree and cannot refer to the impossibility of fulfilling my obligations under the Agreement properly, or to the impossibility of receiving services from the Contractor, or to refuse the services of the Contractor on the basis of disagreement with the terms of this offer, Tariffs, and / or the Privacy Policy due to their failure to be executed in writing form, sealed by the signatures and seals of the Parties.
I unconditionally agree and acknowledge that sufficient and lawful confirmation of the fact that access is provided by the Contractor, provided through the Contractor's Platform, is statistical data on the receipt of access by the Customer, generated by the software of the Contractor's Platform.

Confirms its agreement that the fact of making a transition and (or) pressing a key, as well as entering information and other actions through the authentication and other sections provided by the Contractor on the Platform, including through the Personal Account using the Customer's data, means that the Customer performs implicit actions on registration, authorization and (or) entering the necessary data, agreeing on the name, content, cost and timing of the provision of services, or other actions associated with the Customer. All actions performed using the Customer's data and personal account are the actions of the Customer, which is indisputable proof of the will of the Customer.

6. Refusal to continue receiving services

If this Agreement is terminated at the request of the Customer, he must provide the Contractor with a reasoned refusal from the Contractor's services. In this case, the Contractor shall return to the Customer the funds in the amount equal to the amount of obligations not fulfilled by the Contractor, withholding 25% of the original amount paid by the Customer under the contract.
In case of termination of the Agreement, the period for the return of funds is no more than 30 (thirty) calendar days.
The Customer's curator can be replaced at the initiative of the Contractor, if there are good reasons for this (temporary disability of the Curator, other circumstances), about which the Contractor informs the Customer using the specified contact details. If the Customer does not want to receive consulting services with the support of another Curator, the Customer has the right to suspend the Training in the manner prescribed by this Agreement .

7. Procedure for sending messages

The Contractor and the Curator can use any of the Customer's contact details, from those specified during registration, to send him informational messages, including about the cancellation and rescheduling of Trainings.
To contact the Contractor, the Customer can use the Contractor's contact details and forms posted in the Site section https://mammologicum.com/#contacts, as well as https://edu.mammologicum.com/feedback

8. Cost of services and payment procedure

The cost of the Contractor's Services is published by the Contractor on the Site.
The Contractor may unilaterally change the cost of the Services by posting information on the Contractor's Website. At the same time, the cost of training already paid by the Customer is not subject to change.
The Contractor, by oral agreement with the Customer, has the right to change the cost of the Services in the event that the Customer has sent a request to the Contractor orally or in writing to provide special conditions for the provision of consulting and information services (atypical frequency, duration or time of Training, receiving consulting services under a specific program) .
Payment for the Services is carried out in the order of one hundred percent prepayment. Payment is made by bank card through the form of the payment system located in the relevant section of the Site.
The moment of payment is the receipt of funds to the account of the Contractor.
The customer is solely responsible for the correctness of payments made by him.
The Customer independently pays for all services of communication organizations necessary for them to receive the Services of the Contractor.

9. System requirements

The Contractor is not responsible for the failure to provide the service due to the Customer's lack of the necessary equipment, software or technical problems with the Internet.
Minimum system requirements:

Computer RAM: 2 GB or more, processor: 1 core processor from 1.8 GHz;
Operating system: Windows 7/8/8.1/10 and above, Mac OS X 10.9/10.10/10.11 and above, Ubuntu Linux 14.04/16.04 and above;
Installed Google Chrome browser of the latest stable user version with auto-update enabled;
Installed Zoom program of the latest stable version;
The presence of a video camera with a resolution of 1 megapixel or higher;
The presence of a microphone;
Internet connection from 10 Mbps.

10. Responsibility of the parties

In case of non-fulfillment or improper fulfillment by the Contractor of obligations under this Agreement, the Customer has the right to present to the Contractor a demand for the return of the funds paid by him in an amount equal to the amount of obligations not fulfilled by the Contractor, withholding the amount of money transfer commissions.

11. Intellectual property

All rights to the results of intellectual activity (the Platform, the contents of the Platform, materials and other computer programs developed by the Contractor) access to which is provided hereunder to the Customer belong to the Contractor and / or its affiliates and partners legally and in full. The use by the Customer of the Platform, materials and other software tools and (or) software developed by the Contractor does not mean the transfer of exclusive rights and (or) ownership rights to the specified results of intellectual activity in any volume (in whole or in part) Customer and (or) third parties. No rights to any content of the Platform, including, but not limited to, works, text and graphic materials, computer programs, trademarks, are transferred to the Customer as a result of using the Platform and concluding the Agreement.
Except for use in the amounts and in the ways expressly provided for in this Agreement, the Customer is not entitled to use the Platform and materials (its contents and (or) its parts).
In the event that the Customer violates the terms of the Agreement for the use of the Platform and its contents, the Customer loses the rights granted by the Contractor to use the Platform and the Contractor's materials, from the moment of violation, the Contractor has the right to claim damages.

12. Other terms

Services provided in accordance with this Agreement are informational and consulting. All classes are held using the Platform and programs that allow videoconferencing.
For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the terms of this Agreement and the legislation of the Federal Republic of Germany.
The Parties shall not be liable for full or partial failure to fulfill their obligations under this Agreement, if such failure was the result of force majeure circumstances (force majeure). A proper confirmation of the existence of force majeure circumstances and their duration for the Parties is a certificate issued by the authorized bodies.
All disputes or disagreements arising between the Parties under this Agreement or in connection with it shall be resolved through negotiations between them. The Party whose right has been violated sends a written claim (demand) to the other Party via electronic communication. If within 15 (fifteen) calendar days the Party that submitted the claim has not received a response to it, and if within 15 (fifteen) calendar days from the date of receipt of the first response to the claim the Parties have not reached any agreements, then the Party, whose right has been violated, has the right to apply to the court in order to protect his right in the manner prescribed by the legislation of the Federal Republic of Germany.
In the event that one or more provisions of this Agreement are for any reason invalid, unenforceable, such invalidity shall not affect the validity of any other provision of the Agreement, which shall remain in force.
During the term of this Agreement, as well as upon its expiration, the Parties undertake not to disclose or use in their own interests, as well as in the interests of any third parties, any confidential information, including business, commercial, technical and other information, which cannot be known to the Parties from publicly available sources, transferred by one Party to the other Party and which became known to the Parties in connection with the conclusion and execution of this Agreement.
The Customer is not entitled to transfer his rights under the Agreement to a third Party without the written consent of the Contractor.
The Customer gives his consent to the Contractor for the processing of the Customer's personal data provided during registration, as well as provided by the Customer in the Personal Account after registration, in accordance with the Privacy Policy located on the Platform. Personal data refers to any information relating to the Customer as a subject of personal data, including: last name, first name, patronymic, passport details, date and place of birth, residential address, contact details (home, mobile, work phone numbers, address e-mail), as well as other publicly available information.
The Customer agrees that, as part of the processing of personal data, the Contractor has the right to collect, record, systematize, accumulate, analyze, use, extract, distribute, transfer to Operators and / or any other third parties (including, but not limited to: organizations owners - servers; organizations providing services for making calls, SMS mailings, any other types of mailings and notifications; organizations providing services for conducting various surveys and research, etc.), receiving, processing, storing, clarifying (updating, changing), depersonalizing, blocking, deletion, destruction of his personal data by maintaining databases in automated, mechanical, manual ways in order to:

maintaining and updating the client base;
obtaining and researching statistical data on the quality of services provided;
conducting marketing programs;
studying the conjuncture of the services market;
informing about the services offered by the Contractor, ongoing bonus events, promotions, etc.;
advertising and any other promotion of services on the market through direct contacts with the Customer and other consumers;
technical support in the processing of information, documentation and personal data using automation tools and without such use.

The Customer agrees to receive advertising and allows the Contractor and Operators to send emails to him, as well as other types of mailings and notifications, including advertising, using any means of communication.

Details

Privatpraxis Dr. Popovich

Alstertwiete 1b, 20099 Hamburg

IBAN DE32200505501010756722

BIC HASPDEHHXXX

Phone: +49 (40) 69 63 26 000

Skype: mammo.logicum

Email: info@mammologicum.de

All courses Contact us

Community

Terms and conditions Privacy policy