USER AGREEMENT/PUBLIC AGREEMENT (OFFER) GERCHIK.COM (THE REVISION IS VALID FROM 05.04.2023)
PLEASE READ THE TERMS OF THIS OFFER CAREFULLY
This document (hereinafter referred to as the “Offer”) is an official public offer of the Company GERCHIK.COM/EN (its authorized representatives, listed below) to conclude an agreement on the standard terms specified below. The Agreement will be concluded between You (Site User) and us - the Company GERCHIK.COM/EN . The Offer defines the terms of this site use, as well as information products that are objects of intellectual property of GERCHIK.COM/EN. (hereinafter referred to as "CONTENT") offered on the site https://gerchik.com/en (excluding the services provided under a Separate Public Agreement). In the network “Internet” within the framework of this User Agreement the company GERCHIK.COM means EDTECH INNOVATIONS LP ( SL0268З1);
Details of the authorized representative of GERCHIK.COM/EN (Party of the Agreement) will always be indicated in the invoice (or invoice of the payment system), as well as in the act of works performed in the bank statement on your account. If no other written contract or agreement has been concluded with you, your contract with GERCHIK.COM will always include at least the terms and conditions set forth in this document (hereinafter referred to as the "GENERAL TERMS"). Please read the offer carefully. In addition to the GENERAL TERMS and CONDITIONS set out in this offer, your Agreement with company GERCHIK.COM/EN will also include the PRIVATE TERMS of the Agreement published on the page with the information product (service) description or in legal notices sent to you (hereinafter referred to as "PRIVATE TERMS"). GENERAL TERMS of the Agreement set forth in the offer and the PRIVATE TERMS (hereinafter referred to as the "TERMS") together form a public offer of GERCHIK.COM/EN .
TERRITORY OF THE AGREEMENT IS the whole world.
- ACCEPTANCE OF THE AGREEMENT TERMS (OFFER ACCEPTANCE)
2.1.Using the website https://gerchik.com/en (hereinafter referred to as the “WEBSITE”), as well as the CONTENT posted on the SITE, paying the cost of the LICENSE for paid CONTENT use offered by the company GERCHIK.COM , you accept the offer and conclude this Agreement with us, which is binding. Offer acceptance is equivalent to Agreement conclusion in simple written form.
(A) The Agreement is concluded by joining an individual to the current Agreement on the terms of full and unconditional acceptance by consistently performing the following actions on the WEBSITE:
- Certain information product choice by User on the WEBSITE page, that is an object of intellectual property of GERCHIK.COM/EN (CONTENT);
- Application for access to the selected CONTENT submitting by entering the user's personal data into the active request form: name, e-mail, phone number;
- activation by clicking the "PLACE AN ORDER" button in a pop-up window with image and description of user selected CONTENT, or activation of the "Participate" or "Buy" button (or another similar field); or
- activation by clicking the "I CONFIRM THE ORDER" button or by clicking on the button, ticking the check box in the active window, or by a similar action on the CONTENT ordering page on the WEBSITE; or
- Registration on the WEBSITE by entering personal data into the request form, subscription to the newsletter of free CONTENT, service notifications, marketing materials of GERCHIK.COM/EN .
If you agree with these GENERAL or PARTICULAR TERMS of the Agreement published on the WEBSITE page of the CONTENT you have selected, the Agreement is considered concluded, since an Agreement has been reached between the Parties, in the form required in the appropriate case, on all the essential terms of the Agreement. Essential are the conditions on the Agreement subject, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all the conditions specified in this Agreement, regarding which an agreement should be reached.
3.1. By accepting this Agreement, you assure the following:
- are you an adult;
- there are no restrictions in the conclusion of this Agreement;
- have read this agreement, understood its contents and accepted it in full;
- you have read the CONTENT description, understand its orientation and subject matter, are deliberate in consuming exactly such CONTENT, do not expect to change the CONTENT according to your personal requirements;
- you agree that the WEBSITE CONTENT and services are provided for consumption as is, without any guarantees;
- you agree that the information contained in the CONTENT is advisory in nature;
- we are ready to make every effort to independently assimilate the CONTENT in order to achieve the desired level of knowledge in the field of trading of a certain level of complexity within the framework of the declared description of the CONTENT you have chosen for consumption / study.
- GERCHIK.COM/EN is not liable for any commercial results, direct or indirect damage, lost profits of the LICENSEE as a result of using the WEBSITE CONTENT and services.
- your will to conclude an Agreement is free, and your understanding of its content is complete;
- personal data provided during registration on the WEBSITE, when applying for the right to use the CONTENT under the terms of a paid license, are correct and complete.
- By accepting this Agreement, you agree that we may send you written notifications, promotional mailings, informational messages and other materials to messengers or by phone number and email specified during registration. You agree that you will not participate in activities that disrupt the WEBSITE functioning or related servers and networks. You assume full liability for any violations of your obligations stipulated in the Terms, as well as for all consequences of these violations.
4. SUBJECT OF THE AGREEMENT
4.1.According to this User Agreement GERCHIK.COM/EN (the "LICENSOR"), represented by authorized representatives specified in Section 1 of the Agreement, grants to unlimited number of adults (WEBSITE Users, "LICENSEES") a limited, non-exclusive, revocable license to use information products that are objects of intellectual property GERCHIK.COM/EN., namely - copyright educational programs, lectures, seminars; graphic, textual educational materials, educational audio and video works, other intellectual property objects in any tangible form, provided for use by LICENSORS through the services of the site https://gerchik.com/en (CONTENT) on special terms according to the tariff/type of license chosen by the LICENSEE to use the CONTENT posted on the WEBSITE https://gerchik.com/en .
4.2. PAY ATTENTION. Represented on WEBSITE CONTENT does not have a general educational or professional purpose, but is the result of the creative research of the CONTENT author, formed on the basis of personal professional experience and subjective views of the CONTENT author.
4.3. Purchase of a LICENSE to use WEBSITE paid CONTENT, use of services and CONTENT with free access, participation of the SITE user in field events, seminars organized by GERCHIK.COM/EN does not imply your final certification and the issuance of educational documents (diplomas, certificates, certificates of advanced training, acquisition of professional skills, evaluation letters, etc.), your further employment or assistance in employment.
4.4. CONTENT use is not a guarantee that you will receive a profit or any commercial result, CONTENT information is advisory in nature. The liability for the decisions made is solely with you.
4.5. The subject of this Agreement is NOT the provision any educational services of general or professional purpose by GERCHIK.COM.
4.6. GERCHIK.COM may periodically post additional promotional offers on the WEBSITE regarding participation in exclusive author's seminars, business events, master classes, and other thematic events held by GERCHIK.COM in face-to-face format (hereinafter referred to as "SERVICES"), which goes beyond the scope of the subject of this Agreement. GERCHIK.COM provides such SERVICES in accordance with the TERMS OF SERVICE available for review at the link https://gerchik.com/en.
- TYPES OF LICENSES
By accepting this Agreement, you can use one of the following types of LICENSE to use the SITE CONTENT, depending on the tariff you choose:
5.1. OPEN LICENSE for CONTENT free use (in the absence of conditions for the paid use of certain CONTENT), presented on the WEBSITE in section:
Period of access to the CONTENT is equal to the period of the paid LICENSE validity. Upon expiration of the specified period, access to the CONTENT will cease at the end of the specified LICENSE period. You understand and agree that we can unilaterally postpone the date and time of CONTENT access providing and this is not considered Agreement violation from our side.
Some license versions provide for granting the user access to certain CONTENT for a limited period. In this case, you are guaranteed access to the CONTENT for the period specified on the product page. Although we will not intentionally restrict access to the specified CONTENT, however, after this period, we do not guarantee that this CONTENT will still be available to you (which is not a violation of the AGREEMENT terms from our side).
5.5. SPECIAL LICENSE for the use of special thematic CONTENT provided as an accompanying informational material (presentations, lecture notes, reference materials, educational materials, etc.), purchasing for the use of this type of CONTENT when you participate in exclusive author seminars, business events, master classes, and other thematic events held by GERCHIK.COM in full-time format.
Special LICENSE has an unlimited period of CONTENT use from the moment of cost payment..
5.6. PROMOTIONAL LICENSE to use CONTENT at a promotional value specified in the PRIVATE TERMS of a certain GERCHIK.COM offer in the corresponding tab on the WEBSITE, valid for the period of use of the CONTENT specified in the offer.
- LICENSE CONTENT
- LICENSEE (User) has the right to:
- Use the CONTENT exclusively for personal purposes according to the tariff chosen on the WEBSITE by familiarizing with the CONTENT for the period stipulated by the relevant LICENSE.
- quote the text CONTENT posted on the SITE under the terms of an OPEN LICENSE, with mandatory indication of active link to this WEBSITE, indicating the authorship of Alexander Gerchik.
6.2. LICENSEE (User) is prohibited from:
- copy, reproduce, distribute, publish the CONTENT in video format, as well as any CONTENT provided for use under a paid LICENSE;
- make a video recording of CONTENT, use video capture software, pass off CONTENT as the work of a person other than Alexander Gerchik;
- use the CONTENT for commercial purposes;- transfer personal credentials of access to the WEBSITE to third parties (free of charge or for a fee);
- transfer access to CONTENT to third parties (free of charge or for a fee);
- spread false, unreliable information about GERCHIK.COM/EN discrediting his business reputation.
7.1. Tariffs for the use of paid CONTENT (LICENSE cost) is published in the electronic notifications sent to you and on the following pages of the WEBSITE:
- in private terms of promotional offers posted on the WEBSITE.
Final cost of the LICENSE in the payment currency is fixed in the invoice issued to you, displayed on the order payment page, as well as in the bank statement on your card. Cost of the LICENSE for using the paid CONTENT of the WEBSITE does not include additional commissions from banks and payment systems.
7.2. Cost of the SPECIAL LICENSE specified in clause 5.5. of the Agreement is deducted from the SERVICE cost stated on the WEBSITE in the amount of 25%, indicated in the appropriate payment currency and fixed in the invoice issued to you, displayed on the order payment page, as well as in the bank statement on your card, excluding additional commission from banks and payment systems.
SERVICES cost is paid separately from the SPECIAL LICENSE according to the TERMS OF SERVICE, available for review at the link https://gerchik.com/en.
7.3. Cost of a PROMOTIONAL LICENSE is indicated in the PRIVATE TERMS of a certain offer of GERCHIK.COM in the WEBSITE corresponding tab.
- PAYMENT TERMS
8.1. Funds Write-Off.
In case of LICENSE purchase on the website, at the time of placing an order (successful entry of payment details into the payment system frame), a one-time write-off of the amount of the chosen LICENSE cost occurs. The LICENSE price is indicated fees of payment systems excluding. When paying for a LICENSE by card, the charge amount is determined based on the exchange rate of the international payment systems VISA or MasterCard. In addition to the LICENSE cost, the amount of the write-off includes additional commissions from banks and payment systems.
8.2. Payment Obligations Non-Fulfillment
We reserve the right to make claims about violation of the established terms of LICENSE payment. If it is impossible to debit funds from your payment card, we have the right to refuse access to paid CONTENT or suspend it until the payment is made.
8.3. Subscription Subscription to our services is offered with various minimum validity periods (minimum subscription period) and the minimum subscription period is automatically renewed until you or we cancel the renewal. Please note that the subscription period is determined by the selected tariff plan and subscription terms.
- PAYMENT METHOD
9.1.You can find out about the available ways to pay for the LICENSE fee for using paid CONTENT by contacting the support service at the phone numbers listed on the website. In case of LICENSE payment by money transfer (via a terminal or a cash desk of financial institution), you are obliged to inform us about the payment made and send an image of the documents confirming the payment of the type of license you have chosen to the email address indicated on the website.
9.2. You understand that by paying the LICENSE fee by transfer, you confirm your agreement with this Agreement. In case we pay additional fees or incur other expenses on to the payment rejection due to your fault (for example, insufficient funds on the card; the permissible credit limit on the card has already been exhausted), we reserve the right to additionally deduct from your card/ account the amount of expenses actually incurred by us.
9.3. We reserve the right, at any time, at our discretion, to change the payment method of the purchased product and/or to refuse the previously offered payment method by offering alternative payment methods.
- CONDITIONS FOR THE RETURN OF LICENSE PAYMENTS
10.1. License fees paid for the use of CONTENT, regardless of whether you have used the CONTENT or not (except in the case of inability to use the CONTENT through fault of GERCHIK.COM/EN) are not subject to refund, except for the cases provided for in this License Agreement.
Within 24 hours from the moment of making the payment, you have the right to withdraw the license payment made by you if:
- The LICENSE payment was made by accident;
- The subscription is performed for minors without the permission of legal representatives;
- The subscription was made by accident;
- Subscription renewal happened by accident;
- You have not been granted access to the CONTENT according to the tariff you paid for;
- The CONTENT does not match the stated description when subscribing.
- To apply for a refund of the license payment for the above reasons, please contact us in writing by e-mail:
- IMPORTANT. In case of access activation to the CONTENT through the websit services https://gerchik.com/en, the actual use /consumption of CONTENT, the request for refund of the license fee with a link to its randomness is not taken into account and is considered groundless, and such actions of the site user https://gerchik.com/en – as abuse of his consumer rights.
- PARTIAL REFUND. In case of CONTENT partial consumption during the LICENSE validity period you purchased and the inability to continue further CONTENT consumption due to the fault of GERCHIK.COM, you have the right to refund of the license payment you have made, minus the cost of the amount of CONTENT actually used for a certain period of use in a proportional ratio.
11. INTELLECTUAL PROPERTY
11.1. Depending on the LICENSE you have purchased, you get access to CONTENT, copyrights and related rights to which are protected or in any case belong to us, regardless of the fact of registration and the territory of their validity. By using the services, you get the right to view the CONTENT and use it for personal purposes, under the terms of this Agreement, unless otherwise provided by the PRIVATE TERMS.
11.2. Trademarks. A sign for goods and services, as well as the trade name “GERCHIK.COM/EN” are registered and belong to us. You may not use these marks for goods and services without our written consent. All brand names and trademarks mentioned on the website, including brand names and trademarks owned by third parties, are subject to applicable law. Their mention on the website or in the materials of the company “GERCHIK.COM” does not mean that they are not protected by the rights of third parties.
11.3. Copyright materials All materials posted on our WEBSITE (CONTENT) are the object of copyright, the exclusive rights to use which belong to the company GERCHIK.COM (authorized representatives specified in section 1 of this Agreement) and Alexander Gerchik, who is the author of the CONTENT, regardless of the fact of registration and the territory of their operation.
11.4. By purchasing the appropriate LICENSE to use GERCHIK.COM CONTENT you get the right to use the CONTENT for personal, non-commercial purposes. The cost of copyrighted materials commercial use is estimated at amount equivalent to fifty (50,000.00) thousand Euros for one calendar month of use.
11.5. Copying, processing, modification, full or partial use, public reproduction and distribution of CONTENT posted on the WEBSITE or provided to you during training, as well as the use of CONTENT for commercial purposes, without the written permission of the copyright holder, is strictly prohibited and prosecuted by law.
11.6. Pay attention! Buying access to the CONTENT "in a fold" or transferring your credentials to access the CONTENT to third parties is prohibited - this is "piracy". Violation of rights Any violation of intellectual property rights is prosecuted in accordance with the legislation of the violator's country of residence and international law, and entails civil, administrative and criminal liability.
11.7.In case of intellectual property illegal use detection (use of brand; copying or materials, content processing or their distribution; purchase of access to the content “in a fold” and transfer of credentials for access to the content to third parties, etc.), we have the right to terminate access to the CONTENT and block the account of the infringer, without reimbursement of the cost of the purchased LICENSE.
11.8. We have the right, at our discretion, to demand from the violator the full compensation for damages caused by such a violation or compensation payment by the violator in the amount of double payment for the lawful use of intellectual property objects, for each case of misuse. If the violator refuses to voluntarily pay compensation, we will be forced to contact law enforcement agencies, initiate criminal prosecution of the violator and collect monetary compensation forcibly.
12.1. General Provisions. In case of breach of obligations by the parties, provision of false information at the conclusion or during the execution of the transaction, the parties are liable in accordance with the established procedure. We are liable for: violation of the Terms and Procedure for providing access to paid CONTENT based on the LICENSE you purchased.
12.2.You are liable for: the accuracy and correctness of the registration and payment data specified by you during registration on the site or placing an order; the use by third parties of credentials used to gain access to paid CONTENT; the use of materials posted on the SITE for the purpose of their subsequent resale, distribution or transfer to third parties; distribution of false information about our company that discredits our business reputation (slander); violation of the terms of this Agreement; violation of payment terms; interference with the operation of the WEBSITE and available services or an attempt to gain access to them bypassing our instructions.
12.3. Limitation of Liability. Our total liability for any claim or demand is limited to the amount of the LICENSE you have purchased to use the CONTENT. We are not liable for: inability to provide access to CONTENT for reasons beyond our control, including force majeure, disruption of communication lines, malfunction of equipment and software that does not belong to us; for complete or partial interruptions of the broadcast of CONTENT related to the replacement of equipment, software or other work caused by the need to maintain performance and development of technical means (subject to prior notification of the user); violation of equipment and software security used by you to access the CONTENT; loss of confidential information or its part, if it is not our fault; any third-party losses that have arisen through no fault of our own. In case we violate the terms of providing access to CONTENT under the LICENSE you purchased, our liability is limited exclusively to: extending the terms of providing access to CONTENT until our obligations are fully fulfilled.
12.4. Liability of our Employees and Agents. In cases where our liability is limited or excluded, the same limitation of liability or exclusion is applied to our employees or agents.
13. LIABILITY FOR THE CONTENT AND MATERIALS YOU POST
13.1. Limitation of Liability for Content Placement. You are liable for the content and materials that you post on our WEBSITE, in our communities, groups or project chats, in the process of GERCHIK.COM CONTENT consumption . We are not liable for the materials you post and do not track them.
13.2. Compliance with Legal Requirements.By posting your own content, you should comply with the requirements of the legislation of your country of residence. In any case, it is prohibited to publish content of a political, pornographic, sexual nature, promoting violence, sadism, discrimination, containing threats or slander. In addition, your content should also not violate the rights of third parties and contain advertising. This is applied to the property and personal non-property rights of third parties, including intellectual property rights (for example, copyright and trademark and trade name rights). In particular, you are also obliged not to violate the rights of third parties when posting comments / reviews, profile photos or any pictures that you post.
13.3. Unauthorized Advertising. Content and materials that you post while using the WEBSITE GERCHIK.COM should not contain advertising. We have the right to remove or move any content posted by you at any time if we consider that it violates the rights of third parties or legal requirements. If you violate these principles of content placement, we have the right to send you a written warning, temporarily block your account and suspend access to the CONTENT or terminate the Agreement unilaterally.
13.4. Compensation for Damages. If you violate the terms of this Agreement, you are obligated to reimburse us for all losses incurred in connection with the satisfaction of claims of third parties (whose rights you've violated). We reserve the right to make claims to you for losses and other claims, by way of recourse.
14.TERM OF THE AGREEMENT
14.1. The Agreement is considered concluded for an indefinite period and is valid until terminated by you or us and is valid until modified or withdrawn by the company GERCHIK.COM or until the full fulfillment of the obligations.
14.2. Termination (revocation) of the Agreement will not affect any legal rights, obligations and liabilities that were valid for you and the company GERCHIK.COM, and arose before the Agreement termination
15. TERMINATION OF THE WEBSITE USE
15.1. You have the right to stop using the WEBSITE and CONTENT at any time, without giving a reason. Please note after you have opted out using the WEBSITE (terminated the Agreement), you will lose access to paid CONTENT without reimbursement of the LICENSE cost you purchased to use it.
15.2. Agreement Forced Termination. We may terminate the Agreement concluded with you at any time if:
(A) you have violated any provision of the agreement (or performed actions that clearly indicate your unwillingness or inability to comply with the Terms), or
(B) we are forced to do so by legal requirements (for example, if providing you with access to CONTENT is illegal or ceases to be legal), or
(B) the company GERCHIK.COM/EN terminates the granting of LICENSES to use the CONTENT in the country in which you reside or use the CONTENT, or
(D) you refuse to comply with or violate the Rules of communication in chat rooms GERCHIK.COM/EN .
(E) you have submitted a Chargeback request to the issuing bank from which you paid for the LICENSE, we will have to completely block your access to the SITE and CONTENT.
15.3. If you try to interfere with WEBSITE, servers and other automated systems of GERCHIK.COM/EN operation or grossly violate the Terms, or if we suspect you of doing so, we may suspend or completely block your access to the SITE and CONTENT.
15.4. Unilateral Agreement Withdrawal for Good Reasons. Each party has the right to withdraw from the agreement unilaterally for good reasons. In particular, we have the right to cancel your account and terminate the agreement immediately if you repeatedly grossly violate the Terms, as well as in case of arrears in payment of the LICENSE.
15.5. We reserve the right to terminate the agreement with you without giving reasons, provided that we send you a written notice not later than two (2) weeks before the planned termination date, subject to a proportional refund of the cost of unused CONTENT according to the LICENSE you purchased, except for forced cases of Agreement termination specified in clause 15.2. of the Agreement.
16. PERSONAL INFORMATION
17. AMENDMENTS TO THE TERMS OF AGREEMENT
17.1. We reserve the right to change or supplement the text of this offer by posting a corresponding notice and a new version of the Offer on this page. We strongly recommend that you regularly check this page and the date of the last changes indicated at the top of the page. In case of changes in the PRIVATE TERMS of the contract, we will post a new version of the PRIVATE TERMS directly on the product description page. If you do not object to the validity of the new terms of the Agreement and continue to use the WEBSITE, the new version of this Agreement is considered accepted by you. You understand and agree that the use of the WEBSITE and CONTENT after changing the terms of Agreement or PRIVATE TERMS is considered by us as acceptance by you of these new versions of this Agreement. If you object to the new version of the Agreement, we definitely reserve the right to unilaterally withdraw from the Agreement in accordance with the established procedure.
18. GENERAL LEGAL CONDITIONS
18.1. Provisions Validity. If there are discrepancies between the PRIVATE TERMS and the provisions of this Agreement, the provisions of the PRIVATE TERMS shall prevail. If any judicial authority authorized to consider this issue invalidates one of provisions of the concluded Agreement, the corresponding provision will be excluded from the Agreement, with the remaining provisions in effect. The remaining provisions of the Agreement will still be valid and their compliance can be enforced in court.
18.2.Applicable Law Relations of the parties are governed by the provisions of the legislation of the country of the corresponding LICENSE of the payee supplier (LICENSOR) registration.
18.3. In case of unresolved dispute, the dispute is referred to the court competent in considering this category of cases in the country of registration of the service provider in accordance with the substantive and procedural legislation of the country of the corresponding LICENSE of the payee supplier (LICENSOR) registration.
19. INFORMATION ABOUT THE LIVENSOR
EDTECH INNOVATIONS LP
63/66 Hatton Garden, Fifth Floor Suite 23, London, EC1N 8LE