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PUBLIC OFFER AGREEMENT

1.Terms and definitions

1.1 This Agreement is an official offer (public offer) of the Limited Liability Company “Eternal Youth” (OGRN 1197847190826) (hereinafter referred to as the “Contractor”) to any person (hereinafter referred to as the “Customer”) who accepts this offer, on the terms and conditions specified below. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation), in case of acceptance of the conditions set out below and payment for the Services, a legal entity or individual who makes an Acceptance of this Offer becomes a Customer (in accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation Acceptance of the Offer is equivalent to the conclusion of the Contract on the terms set out in the Offer).

1.2 The moment of full and unconditional acceptance by the Customer of the Contractor’s offer to conclude the offer agreement (acceptance of the offer) is the fact of payment for the Contractor’s services by the Customer. The text of this Offer Agreement (hereinafter referred to as “Agreement”, “Offer”) is located at: https://vsh25.net/en/oferta .

1.3 For the purposes of this Agreement, the following terms and definitions are used in the following meaning:

“Customer” – a person who has performed the Acceptance of the Offer (Acceptant) and becomes the Customer of the Contractor’s services under the concluded Offer Agreement.

“Parties” – the Customer and the Contractor when mentioned together.

“Public offer” – this document, addressed to an indefinite circle of persons and containing all essential terms of the Service Agreement on providing access to the Customer to audio and video materials, text, graphic materials, interactive functions for mobile application and website, united by a common theme, designed to meet the needs of the Customer.

“Acceptance of the Offer” – full and unconditional acceptance by the Customer of the terms and conditions of this Offer, by the methods provided in Section 3 of this Offer.

“Offer Agreement” – an agreement between the Contractor and the Customer for provision of Services, which is concluded by means of Acceptance of the Offer.

“Courses” – a set of audio and video materials, text, graphic materials, interactive functions for mobile application and website, united by a common theme, designed to meet the needs of the Customer, using a specially designed for this purpose downloadable application installed on the Customer’s smartphone, or website.

“VSH.25” mobile application (the ‘App’) is software available to the Customer through the Apple App Store in full compliance with this Agreement and the User Agreement. The Application is designed for mobile devices running the Apple iOS operating system.

“Subscription” – services of a subscription nature to provide access to the Courses.

“Subscription Period” – the period of validity of the Subscription from the moment of its activation.

“Site” – the Contractor’s website (aggregate of information (electronic documents, software, databases) united under one website address in the Internet), which is a part of the Service, located at the Internet address: https://vsh25.net/en.

“Service” – online service vsh25.net, including the Website and Mobile application ‘VSH.25’, as well as the server part, designed to obtain the results of automated processing of requests sent by Users in accordance with the functionality of the Service.

“Tariff” (tariff plan) – the cost and term of access to the functionality of the Contractor’s Service.

“Subscription” – payments made by the Customer for access to the Service and carried out in automatic mode (autopayments/recurring debits) according to the selected Tariff. If the Customer agrees to the automatic renewal of the subscription, the subscription is renewed automatically, without mandatory notification of the renewal by the Contractor.

“Profile” – a personal section of the Service, which can be accessed only by entering the User’s Credentials.

“Credentials” – a unique login and password of the Customer, created in the process of registration in the Service, used for the Customer’s access to the Profile. The Credentials in aggregate are recognized by the Parties as a means of simple electronic signature and an analogue of the User’s handwritten signature when concluding the Agreement and performing other actions using the Service.

2. Subject of the Offer Agreement

2.1 The subject of this Agreement is to provide the Customer with access to the materials and functions of the Service by means of using the Website or the “VSH.25” Application (hereinafter referred to as the “Service”), including enabling the User to use the platform containing audio, visual and textual content.

2.2 Information on the cost and term of the Service is available on the Website and in the VSH.25 App.

2.3 The Contractor has the right to provide additional bonus materials not publicized on the terms and conditions accepted at its discretion.

2.4 The information and other materials, including electronic media, audio and video recordings, provided to the Customer by the Executor within the framework of rendering the Services under this Agreement shall be provided exclusively for the Customer’s personal use. In case the Customer allows dissemination of this information, he is liable to the Executor for losses caused by the fact of information dissemination in the form of a fine, the amount of which is specified in clause 9.2. of this Agreement.

2.5. The Contractor has the right to change the scope of services, cost, terms and conditions of this Public Offer without prior agreement with the Customer. By continuing to use the Application after the respective changes come into effect, the Customer expresses his/her consent to the new terms and conditions.

3. Acceptance of the Offer

3.1 The Customer performs the Acceptance of the Offer by performing the following conclusive actions on the Service platforms. The Customer’s performance of the following steps is recognized as an Acceptance:

3.1.1. Filling in its credentials required to fulfill the terms and conditions of this Agreement.

3.1.2. Transferring to the Executor the payment according to the chosen Tariff, which is the payment for the services of providing access to the Service. The Customer independently chooses the term of service provision.

3.1.3 Full and unconditional acceptance of this Agreement by the Customer is considered to be filling in the Account data and transferring funds to the Executor of the payment according to the selected tariff or execution and payment of a gift certificate.

3.1.4 The Executor provides the Customer with access to the Service or a certificate with a promotional code, when using which the Customer receives access to the Service in the form of a gift certificate. When purchasing a gift certificate, the rules on recurring payments do not apply.

3.2 By accepting this Offer, the Customer confirms that the Contractor’s provision of Services under this Agreement fully corresponds to the Customer’s ability to use the Services provided in this way. The Customer undertakes to independently ensure the availability of software and technical means on his cell phone, personal computer or other device necessary to use the Service.

3.3 By providing the Executor with his contact personal data, contact e-mail address, the Customer agrees to the use of these means of communication by the Executor, as well as third parties engaged by him for the purposes of fulfillment of obligations, in order to carry out mailings of advertising and informational nature, containing information about discounts, upcoming and existing promotions and other activities of the Executor, as well as other information directly related to the fulfillment of obligations by the Executor under this Public offer

4. General conditions of service provision

4.1 The Executor renders the Service to the Customer only if the following conditions are met:

4.1.1. the Customer has transferred the Account Data to the Executor;

4.1.2. the Customer has realized the Acceptance of the Offer according to clause 3.1. by paying for the Executor’s Services.

4.2 The Customer’s Services are not subject to licensing, are not accompanied by final certification, awarding any qualification and issuing a document on education.

4.3 The Customer uses the Service independently.

4.4 No information, materials and/or consultations provided by the Contractor within the framework of rendering services under this Agreement can be considered as guarantees. Decision-making on the basis of all information provided by the Contractor is in the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor within the framework of fulfillment of its obligations under this Agreement.

4.5 The Customer has access to information about the cost and the possibility to pay for subscription to the Courses.

4.6 The Courses are provided to the Customer for the subscription period.

4.7 The Services rendered during the respective period selected by the Customer shall be deemed to have been properly rendered by the Contractor and accepted by the Customer in full, if the Contractor has not received a reasoned written objection from the Customer within three calendar days after the end of the period of rendering the Services. Upon expiration of the term specified above, the Customer’s claims regarding the defects of the Services, including the quantity (volume), cost and quality shall not be accepted.

4.8 The functionality of the Service may be extended or reduced as the Service develops. Up-to-date information about the Service features is published on the Website and in the VSH.25 Application.

4.9 The Customer understands and accepts that the Service is of informational and entertainment nature only.

4.10. According to the terms of this Agreement, the Contractor shall exclusively provide access to the Service for remuneration.

4.11. In order to use the functions of the Service, the Customer must go through the registration procedure, as a result of which a unique Profile is created for the Customer.

4.12. In order to register, the Customer undertakes to provide true and complete information about himself/herself on the questions proposed in the registration form and to keep this information up to date. If the Customer provides incorrect information or the Provider has reason to believe that the information provided by the Customer is incomplete or unreliable, the Provider has the right to block or delete the Customer’s account and refuse to allow the Customer to use the Service at its discretion.

4.13. The Customer’s registration in the Service is free of charge, voluntary and is made in the corresponding section of the Service. When registering, the Customer provides an e-mail address.

4.14. The Customer is obliged to keep his/her Account data safe and not to disclose them to third parties. The Customer may not disclose his/her Credentials to third parties, as well as directly or indirectly allow third parties to use his/her Credentials to access the Profile.

4.15. Any action performed from the Customer’s Profile using the Customer’s Credentials shall be deemed to be an action performed by the Customer itself or by a person authorized by the Customer, and shall establish obligations and responsibilities for the Customer in respect of such actions, including responsibility for breach of the Agreement.

4.16. The Customer shall immediately change the Account Data if it has reason to suspect that such data has been accessed by third parties.

4.17. Access is provided exclusively within the pre-paid time period in accordance with the Tariffs. Upon expiration of this period of time, the Contractor’s obligations to provide access to the Service and maintain the functioning of the Service are considered to be duly fulfilled.

4.18. Technical support and consultations are provided by e-mail: info@vsh25.net.

5. The cost of services and the order of calculations

5.1 The amount of remuneration of the Executor for the rendered services is determined in accordance with the Tariff chosen by the Customer, effective at the moment of payment for the services. The cost of the Services is specified in the Service Tariffs section.

5.2 The cost can be changed unilaterally by the Executor without prior notice to the Customer. Payment is made by transferring money to the Executor’s settlement account. Issues of security, confidentiality of personal data, the amount of commissions and interest for the transfer of funds are agreed upon by the Customer with these third parties independently and are not the subject of this Agreement.

5.3 The moment of payment is considered to be the receipt of funds to the Executor’s settlement account.

5.4 The Customer independently monitors the change of the Executor’s details specified in this Offer and is responsible for the correctness of payments made by him.

5.5 Payment for the services under the Agreement is made by the Customer in Russian rubles by non-cash transfer of funds to the Executor’s settlement account by means of payment for the Services in the order of advance payment in the amount of 100% of the amount of Services.

5.6 The Subscription Price shall not change during the whole paid period. The Subscription price and Tariffs for a new (previously unpaid) period may be changed by the Executor by means of posting information about them on the Website and in the Appendix.

5.7. By signing the Agreement the Customer realizes that he/she can unsubscribe from the subscription to the Contractor’s services by pressing the “unsubscribe” button in the Customer’s personal profile in the Service, or in case of absence of the button or technical possibility to do it via e-mail address: info@vsh25.net.

5.8 The cost of the paid Subscription period for the use of the Service is non-refundable and the Customer is granted the right to use the Service until the end of the paid Subscription period.

5.9 After the end of this period, the Executor terminates the Customer’s access to the Service.

5.10. Access to the Service is provided to the Customer on the conditions of advance payment. The Customer shall make an advance payment in the amount of 100% (one hundred percent) of the cost of the selected Tariff.

5.11. The Executor’s obligations to provide access to the Service are considered to be fulfilled from the moment of its provision. Failure to use the provided access to the Service, as well as refusal to use it in the future does not change the cost of the paid Tariff.

6. Refund of payment under the contract

6.1 In case of the Customer’s refusal from the Contractor’s services in payment for a separate course is made on a separate application of the Customer in writing by registered mail with an inventory of attachments and a notice of delivery to the address of the Contractor specified in this Agreement. The application for refund shall contain the reasons for which the Customer requests the return of funds, details for the transfer of funds and a copy of the Customer’s identity document. When sending the application for refund by mail, the Customer shall additionally notify the Executor about it to the support service with attached copies of the application and the receipt for sending the letter.

6.2 Conditions of refund:

  • The application for refund is sent to the Executor not later than 3 (three) working days from the date of access to the relevant course, for which the refund claim is made;
  • The Customer has timely notified the Executor through the support service about sending a registered letter with the application for refund (not later than 24 hours from the moment of sending);
  • the reasons for the Customer’s request for return are recognized by the Executor as justified.

In the absence of one or more of the conditions of return specified in this clause, the Executor has the right to refuse to satisfy the Customer’s request.

6.3 The Executor shall refuse to satisfy the application for refund if it is submitted by the Customer for the following reasons:

  • change of the Customer’s life interests and priorities;
  • software on the Customer’s cell phone (smartphone) and its technical means do not allow to use the Service.

6.4 The decision to refund or refuse to refund the money shall be made by the Executor within 15 (fifteen) working days from the moment of receipt by the Executor of the Customer’s written application for refund.

6.5 The funds shall be returned to the Customer’s account from which the payment was made, or to another account as agreed by the Parties.

7. Rights and obligations of the parties

7.1 The Contractor undertakes:

7.1.1 Ensure the performance of the Services in proper quality, within the term agreed by the parties.

7.1.2. Provide the Customer with access to the Service, which allows to study information materials independently;

7.2 The Contractor has the right to:

7.2.1. Change the scope of services provided, cost, terms and conditions of this public Offer without prior agreement with the Customer.

7.2.2. Add the e-mail address and contact phone number of the Customer specified during registration to its mailing list.

7.2.3. Suspend the provision of Services under this Agreement in case of receipt of the Customer’s notice through the support service to send a return application.

7.2.4. Close the Customer’s access to the Service without the right to a refund in case of violation by the Customer of the requirements of this Agreement, including the Customer’s use of profanity, general calls to distrust the Executor on the Internet, insulting the Executor’s employees, attempts of hacker attacks, the fact of violation by the Customer of the Executor’s exclusive copyrights.

7.3 The Customer undertakes:

7.3.1 Accept the provision of services by the Executor and comply with all the rules of receiving the Services, established by the Executor this Offer.

7.3.2 Pay in full for the services provided.

7.3.3 Do not distribute information materials received in the course of rendering the Services, as well as do not record them on audio- and/or video media. In case if the Customer allows distribution of the mentioned information, he is responsible before the Contractor for the losses caused by the fact of information distribution, including lost profit, in the amount specified in clause 9.2.

7.3.4 Provide protection of access to his Personal Account and may not transfer the rights under this Agreement to third parties without the written consent of the Contractor. If the Customer establishes the facts of unauthorized access to his account, he is obliged to notify the Executor’s support service about this circumstance as soon as possible.

7.4 The Customer has the right:

7.4.1 Reject the letters and messages sent by the Executor by clicking on the link indicated in the e-mail.

8. Term of validity and modification of the Offer

8.1 This Offer comes into effect from the moment of the Customer’s Acceptance of the Offer and is valid until the Parties fulfill their obligations in full. The Contractor has the right to withdraw this Offer.

8.2 The Customer agrees and recognizes that making changes in the Offer, entails making these changes in the contract of the Offer concluded and in force between the Customer and the Contractor, and these changes come into force simultaneously with such changes in the Offer.

8.3 By continuing to use the Application after the respective changes come into effect, the Customer expresses its consent to the terms and conditions of this Agreement in the new edition.

9. Liability of the Parties

9.1 For non-fulfillment or improper fulfillment of obligations under this Offer, the Parties shall be liable in accordance with the current legislation of the Russian Federation. In case of violation by the Customer of the terms of this Offer, the Contractor shall have the right to suspend rendering of the Services until the Customer eliminates the violations and reimbursement of losses caused to the Contractor by such violation in full and/or unilaterally refuse to execute this Offer with sending a notice to the Customer to the e-mail address. The Agreement shall be deemed terminated from the moment of sending the notice by e-mail to the Customer.

9.2 The Contractor shall under no circumstances be liable for any actions/inaction of third parties, in particular, for any losses, damage to business reputation, damage to health, caused to the Customer as a result of software or equipment failures, as a result of inaccessibility of certain segments of the Internet (including in connection with the cessation of functioning of third party sites, including the right holders of software/hardware), as a result of inability to make payment for the Services.

9.3 The Customer shall be liable according to clause 7.3.3. in 100-fold of the cost of the Services paid by the Customer.

9.4 When accessing the Service, the Customer is prohibited to violate the information security of the Service, including:

  • batch uploading (parsing) of data;
  • attempt to check the vulnerability of the security system violation of the registration and authorization procedure without permission;
  • imitation and/or forgery of any TCP/1P package header or any part of the header in any e-mail or material posted on the Service;
  • accessing, using, copying, adapting, modifying, performing derivative works, distributing, transmitting, displaying, performing or otherwise using the Service in impermissible or unauthorized ways or in ways that burden the services, impair their operation or harm our users or others;
  • reverse engineering, modifying, altering, modifying, creating derivative works, decompiling or extracting code;
  • sending, storing or transmitting viruses, or other computer code;
  • obtaining or attempting to obtain unauthorized access to the Service;
  • interfering with or disrupting the integrity or operation of the Service;
  • obtaining information from or about users of the Service by impermissible or unauthorized means;
  • selling, reselling, renting out a Profile in the Service, other actions carried out for the purpose of making profit as a result of distribution of personal access to the Service;
  • creation of software or AR1, the functions of which essentially coincide with the functions of the Service, and offering them for use by third parties.

9.5 The Customer acknowledges that all rights to the Service belong to the Provider, and the Customer and other persons may not:

  • copy or modify the Service and its components;
  • create programs derivative of the Service;
  • penetrate into the software of the Service;
  • use the Service for purposes other than those provided for in this Agreement;
  • modify the Service, including for the purpose of obtaining unauthorized access.

9.6 The Customer shall be liable in the amount of 100 000,00 rubles for each fact of committing one of the violations listed in clauses 9.4, 9.5. revealed by the Contractor, and shall also be deprived of access to the Service.

9.7 All disputes and disagreements that may arise from this Offer or in connection with it, should be resolved through negotiations between the Parties. In case of impossibility to reach an agreement through negotiations, the dispute shall be considered in the Court at the place of registration of the Contractor. The applicable law shall be the law of the Russian Federation.

9.8 Without contradicting the above, the Contractor shall be released from liability for breach of the terms of this Offer, if such breach is caused by force majeure circumstances (force majeure), including: actions of public authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and / or computer network failures, strikes, civil unrest, riots, any other circumstances, not limited to the above, which may affect the

9.9 Unless otherwise stated in this Offer, the Contractor shall not be liable to the Customer for: consequential damages, loss of profit, loss of benefit, regardless of the manner in which they were caused.

9.10. Payment under this Offer means agreement with all conditions (clauses) listed above.

9.11. The Customer bears all responsibility for the accuracy of the information provided by him during registration.

9.12. The Contractor shall also be released from liability for breach of the Contract conditions, if such breach is caused by force majeure circumstances (force majeure), including: actions of public authorities, fire, flood, earthquake, other acts of God, mass blackouts, strikes, civil unrest, riots, any other circumstances that may affect the Contractor’s performance of this Offer.

9.13. The aggregate liability of the Contractor under this Offer is limited to the sum of money paid by the Customer under this Offer as payment for the consumed Services, i.e. real damage.

10. Other Terms and Conditions

10.1 The Offer, its conclusion and execution shall be regulated in accordance with the current legislation of the Russian Federation. All issues not settled by the Public Offer or not fully settled shall be regulated in accordance with the substantive law of the Russian Federation.

10.2 In case of any disagreements between the Customer and the Contractor regarding the Contract, which cannot be resolved through negotiations between the parties, shall be settled in accordance with the procedure provided for by the current legislation. The term of consideration of the claim is 30 (thirty) calendar days.

10.3 Any notices under the Contract shall be deemed to be made in due form and received by the other party if:

10.3.1. are sent from the Contractor to the Customer to the Customer’s e-mail address specified by the Customer during registration, from the Contractor’s e-mail address – on the next day after sending the e-mail, or are posted as official information on the website – https://vsh25.net/en after 3 (three) working days after posting.

10.3.2. shall be sent from the Customer to the Contractor at the postal address specified at the end of the text of the current edition of the Public Offer, by registered mail with acknowledgement of receipt.

10.4 Personal Data.

10.4.1 By purchasing access to the Courses and consuming the services, the Customer as a subject of personal data provides the Contractor with his personal data. For the purpose of proper execution of this Agreement, as well as for other legitimate purposes, the Contractor shall store, process, including transferring personal data to third parties. Due to the fact that the website uses social network widgets as well as cookies of some foreign analytics services, such as Google Analytics, the transfer of a limited set of data, such as the Customer’s pseudonym and the address of the Customer’s device and its technical characteristics, through which the Customer accessed the website, may be of a cross-border nature, of which the Customer is notified and agrees.

10.4.2 Processing of personal data includes the performance of actions provided for by paragraph 3 of part one of Article 3 of Federal Law No. 152-FZ dated July 27, 2006 “On Personal Data”, including, but not limited to: collection, systematization, accumulation, storage, updating, modification, use, depersonalization, blocking, destruction, as well as the performance of any other actions with personal data provided for by the current legislation of the Russian Federation. The Operator has the right to process the Customer’s personal data by entering them into electronic databases, including them into lists (registers) and reporting forms provided for by the documents regulating the provision of reporting data (documents). Processing of personal data may be both automated and without the use of means of automation. The Customer agrees to the processing of his personal data in accordance with the Privacy Policy both with the use of automated means of personal data processing and without the use of means of automation

10.4.3 Storage of personal data for the specified purposes may be carried out for a period of up to 6 (six) years, unless otherwise provided by law. Revocation of consent is carried out by providing the operator at the address of its location with the original of such revocation or a scan letter to the e-mail address of the Contractor.

10.4 If any of the terms of the Public Offer is recognized invalid or illegal, or cannot come into force in accordance with the current legislation, such provision shall be separated from the Public Offer and replaced by a new provision that meets the original intentions contained in the Public Offer to the maximum extent possible, while the other provisions of the Public Offer shall not change and shall remain in force.

10.5 By agreeing to the terms of this Agreement, the User represents and warrants: the accuracy of the information provided by him/her during registration in the Service; voluntariness of the conclusion of this Agreement, including familiarization with all the terms of the Agreement, their understanding and full and unconditional agreement with them, as well as familiarization with the functionality of the selected service of the Information resource and full satisfaction with its content; the presence of the consent of legal representatives, in cases stipulated by the current legislation; in accordance with Art. 10.5 of the Public Offer, the User shall not be obliged to use the Service.

11. Contractor’s requisites:

LLC “Eternal Youth”
OGRN: 1197847190826, TIN: 7841086351
Legal address of the organization:
191186, the city of St. Petersburg, Nevsky pr., b. 38/4 liter. a, part of pom. 2-n, room 213.
E-mail address: info@vsh25.net
Website: https://vsh25.net/en

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