Terms of Service

SERVICE AGREEMENT OF ACCESS TO CONTENT 

The Service Agreement of Access to Content (hereinafter referred to as the «Agreement») is concluded between the Private Entrepreneur YEVTUSHENKO YELIZAVETA OLMEDOVNA, acting based on state registration, located at the address: 02098, Kyiv, Dniprovska Naberezhnaya, 9-A, apart. 377 (hereinafter referred to as the «PROPLAY Online School») and, accordingly, an individual, organization or legal entity, in accordance with the terms of this Agreement (hereinafter referred to as the «User»).

This Agreement is public and is published on the Internet at: https://proplay.football/pages/terms-of-service .

The publication of this Agreement is considered by the PROPLAY Online School as a public offer to any organization, legal entity or individual who has reached the age of 18. By publishing this Agreement, PROPLAY Online School invites these individuals to enter into an agreement with it on the terms set out below.

If you need further information regarding our Terms of Service, please contact us at proplay.football@gmail.com

1. DEFINITIONS

1.1. «Site» is a computer program containing Content, including intellectual property objects and any other information and / or objects sold on the Internet at the address: https://proplay.football/  as well as a set of web pages hosted on the Internet, united by the domain proplay.online and / or proplay-online.ru, proplay.getcourse.ru.

1.2. «Content» - means webinars, phonograms, text, graphics, audiovisual or any other material developed, organized, or provided by the PROPLAY Online School and posted (available) on the website for use by the User.

1.3. «Account» («Profile») is an account on the website created (registered) by the User to use the Site in accordance with the requirements and conditions of this Agreement.

1.4. «User Registration Data» - information about the username and surname, e-mail, contact phone number, as well as any other information necessary to provide access to content.

1.5. Content Access Service - is a service that is the subject of this Agreement and is provided by the PROPLAY Online School under the terms of this Agreement, a service that is used by the User in full at the time of visiting (at least once) the relevant Content page on the Site.

2. CONCLUSION AND TERMINATION OF THE AGREEMENT

2.1. The Agreement is concluded by implicit action. The Agreement is considered concluded by the User, which means full, unconditional, and unconditional acceptance by the User of all terms of the Agreement without any exceptions and / or restrictions and equates to the conclusion of a bilateral written Agreement from the User's acceptance.

2.2. The User is considered to have made an Acceptance from the moment of payment of the cost of access to the relevant Content or from the moment of affixing the relevant mark in the process of creating a user account on the website.

2.3. This Agreement shall enter into force upon its conclusion by the User (in accordance with clause 2.1 and clause 2.2 of the Agreement) and shall be valid for the entire period of fulfillment by the Parties of the obligations provided for in this Agreement.

2.4. The Agreement may be terminated early by either party in case of breach by the other Party of its obligations under this Agreement by sending a message by e-mail, marked in the subject line «Termination of the Agreement», to: proplayonlinee@gmail.com  and User`s e-mail which was specified by him when registering the account (message to the user), 3 (three) business days before the date of termination.

2.5. PROPLAY Online School has the right to refuse to fulfill its obligations under this Agreement in the manner prescribed by paragraph 2.4. of the Agreement, and at the same time, is exempt from reimbursement to the User of any amounts received from the user as payment for the Content Access Service under this Agreement, and in case of termination of any loss to the User, is exempt from reimbursement.

2.6. Refusal of the user to fulfill its obligations under this Agreement (termination of the Agreement at the initiative of the user) is also considered a refusal of the User from all services provided to him under the terms of this Agreement.

3. RULES FOR SITE USE

3.1. Account registration

3.1.1. To use the Site, the User must fill out the registration form and create an Account on the Site, indicating the necessary registration data of the User. The User agrees to provide accurate information when registering and using the Site and agrees to update his account to keep it up to date. The User agrees that the PROPLAY Online School may store and use the User's Registration Data when providing the User with access to the Content.

3.1.2. The User undertakes not to disclose Account information to a third party and is solely responsible for maintaining the confidentiality and security of the Account, as well as for all activities that occur on or through the Account, and agree to immediately notify the PROPLAY Online School of any breach of security Account. PROPLAY Online School is not responsible for any losses arising from unauthorized use of the User's account.

3.1.3. Accounts can only be created by persons who are at least 14 years old. Accounts for persons under the age of 14 may be created by a parent or legal guardian. Minors under the age of 18 should carefully read this Agreement with a parent or legal guardian.

3.2. Provision of the Content Access Service.

3.2.1. The Site contains Content, the service of access to which is provided both free of charge and on the basis of the appropriate payment indicated on the relevant pages of the Site.

3.2.2. Access to free Content is provided under the conditions specified on the relevant page of the Site, and after the User has created an Account on the Site.

3.2.3. Access to paid Content on the Site is provided only after 100% payment for the cost of the Service of access to the relevant Content through the payment methods offered to the User when making the purchase of the relevant Content. The PROPLAY Online School draws the User's attention that the PROPLAY Online School does not collect or process any banking and / or financial information related to any payment by the User on the Site, all payments on the website are carried out by the User through the web interfaces of financial institutions that have the right to provide the relevant services. The Parties confirm their agreement and agreement that, at the request of the User, payment under this Agreement may also be made by the User based on the corresponding account of the PROPLAY Online School.

3.3. Rules of Content Use

3.3.1. The use of the Content on the Site by the User is subject to the following conditions:

1. The User is allowed to use the Content only for personal non-commercial use.
2. The User is prohibited from copying, saving, and writing the Content to a disk or any other medium, and is also prohibited from distributing the Content in any way and for any purpose, incl. on the Internet.
3. The User has the right to use the Content only online using the Site and / or the tools that are offered to them.
4. The User is prohibited from providing access to the Content to any third parties.
5. The User is prohibited from hacking the software and / or otherwise interfere with the operation of the Site, as well as using the Site and / or any of its elements, and / or any Content for any illegal activity.

3.3.2. PROPLAY Online School reserves the right to delete the Account of any user without paying any compensation for the purchased Content Access Service and/ or for violation of the terms of the Agreement and / or Rules of Content Use.

3.3.3. PROPLAY Online School reserves the right to change the Content without prior or subsequent notice to the User and is not responsible for making such changes.

4. INTELLECTUAL PROPERTY

4.1. PROPLAY Online School grants the User a non-exclusive, without the right to sublicense, revocable license, which extends to the territory of all countries of the world, to use the Content, on the terms set forth in this Agreement, and for the period specified on the page of the relevant Content, exclusively by types (methods) of use provided technically on the Site and using the tools provided to the User on the Site. The Parties are aware that the use by the User of the Content on the Site can be both free and paid. So, the license referred to in this paragraph, respectively, can be either free or paid (in the amount of the cost of payment for access services to the relevant Content on the Site).

4.2. PROPLAY Online School (or a third party - the copyright holder) reserves all exclusive intellectual property rights to the Content belonging to them, including the right to prevent and prohibit the illegal use of the Content by third parties.

4.3. Notwithstanding the foregoing, PROPLAY Online School does not grant the User any rights to use marks for goods and services that may be contained in the Content, as well as on the website.

5. LIMITATION OF LIABILITY

5.1. PROPLAY Online School is not responsible for the termination of access to the Site that arose through no fault of its own and is also not responsible for any harm caused to the User by such temporary termination of access.

5.2. From time to time, PROPLAY Online School will carry out maintenance of the Site, although PROPLAY Online School does not assume the responsibility of informing the User about scheduled and unscheduled maintenance activities, PROPLAY Online School will try to take possible measures to inform the User but will not be held liable for any damage that has been caused to the User by such suspension of access.

5.3. PROPLAY Online School does not guarantee and is not responsible for any results of the provision of the Service to the Content on the Site, since the Parties understand, confirm and are aware that the student's results depend on his initial data, perseverance, quantity, and quality of training. Each student is personally responsible for the learning outcomes and independently makes decisions regarding the appropriateness, necessity and safety of any advice, recommendations, conclusions, regardless of the content of the Content on the site.

6. ACCESS SERVICE REFUND

6.1. The User acknowledges, and agrees that the Content Access Service provided by the PROPLAY Online School under this Agreement is consumed by the User in full at the time the User visits (at least once) the page of the relevant Content on the Site. Despite this, the User understands and agrees that the PROPLAY Online School is not obliged to reimburse (in whole or in part) to the User the cost of any Content, since the PROPLAY Online School, in accordance with this Agreement, provided, and the User, accordingly, used this service in in its entirety by visiting the relevant Content page on the Site. In addition, the User, by signing this Agreement, confirms his awareness and acceptance of the fact that when making a payment under this Agreement, there is a commission, which, in addition to the payment amount, is taken by the relevant financial institution for making a payment by the User in favor of the PROPLAY Online School.

7. CHANGES TO THE CONTRACT

7.1. This Agreement may be changed by the PROPLAY Online School unilaterally without prior or subsequent notice to the User. Changes come into force on the day of publication of this Agreement on the Site.

7.2. The current version of this Agreement is available (published) on the Internet at: https://proplay.football/pages/terms-of-service

7.3. The User understands and agrees that his acceptance of the terms of this Agreement or his use of the Site after the date of publication of changes to this Agreement means the user's consent to the updated terms. If the User does not agree with the amended terms of the Agreement, he may terminate his relationship with the PROPLAY Online School in accordance with the procedure established by this Agreement.

8. FORCE MAJOR

8.1. A Party shall not be liable to the other Party for any damages or losses because of late performance or failure to perform this Agreement, in whole or in part, if it is caused, in whole or in part, by circumstances, events or causes beyond the control of the Parties and without negligence on the part of the Parties. Such circumstances, events or causes include (the list is not exclusive) natural disasters, strikes, lockouts, riots, hostilities, earthquakes, fires, and explosions, while the inability to meet their financial obligations is expressly excluded by the Parties from this list. The fact of the onset and duration of the force majeure circumstances must be documented by the competent state body in accordance with the current legislation of Ukraine.

9. LAW APPLICABLE TO THE CONTRACT

9.1. The law of Ukraine shall apply to this Agreement and its interpretation, and all disputes under this Agreement shall be resolved in the courts of Ukraine. In everything that is not regulated by this Agreement, the Parties are guided by the norms of the legislation in force in Ukraine.

10. SPECIAL CONDITIONS

10.1. At the request of the user, this Agreement may be executed by the Parties in a simple written form. If the User needs a printed and signed paper copy of the Agreement, the User undertakes to inform the PROPLAY Online School about this by writing an appropriate letter from the User's e-mail, which was indicated by him when registering the Profile on the Website. PROPLAY Online School, having received such a message from the User, undertakes to prepare and sign such an agreement on its part in two identical copies and send them to the User by mail in a valuable letter (or hand them over personally) to the address agreed by the Parties additionally. A user who has received a signed paper contract in two copies from the PROPLAY Online School undertakes to sign such an agreement properly on his part and send it to the PROPLAY Online School at the address specified in such an agreement.

10.2. PROPLAY Online School is a single tax payer, on the terms provided for by the Tax Code of Ukraine, and is not a VAT payer.

10.3. The User recognizes as legitimate the payment for services under this Agreement using (confirmation of) the login and password specified by the User when creating an Account on the Website. The User acknowledges and confirms that the services paid for using (confirming) the login and password specified by the User when creating an Account on the Website are paid personally by him (the User).

ADDRESS AND BANK DETAILS

Private Entrepreneur Yevtushenko Yelizaveta Olmedovna

IBAN Account No: UA913005280000026006000007010

Code: 2979509944

Bank: AT "OTP Bank",

Bank address: Ukraine, Kyiv, 01033, Zhilyanskaya st., 43