This English version is provided for convenience. In case of any discrepancy, the Russian version prevails.
1. General Provisions and Definitions
1.1. These Terms of Use (the “Terms”, the “Agreement”) set out the conditions for using the Website https://botvinov.pro and the procedure for concluding agreements (accepting the offer) on the Website, and govern the relationship between Website Users and the Website Administration.
1.2. The following terms are used in these Terms:
1.2.1. Website Administration — the Coach and their authorised staff who ensure the operation of the Website and communication with Users.
1.2.2. Acceptance — full, unconditional and unreserved acceptance by the User of the Public Offer Agreement for the provision of information services.
1.2.3. Free Materials — any audio and video materials, texts, images and other works, regardless of form and content, mainly in the field of self-development, that are freely available on the Website for Users to use free of charge.
1.2.4. Website — the web page at https://botvinov.pro, which informs Users about the Coach and serves as a platform for choosing and ordering Services.
1.2.5. Public Offer Agreement for the provision of information services (the “Offer”) — the Coach's proposal, published on the Website, to an unlimited number of individuals to conclude that Agreement on the terms set out in it.
1.2.6. Confidential Information — any information about the User (including Personal Data) that the Website Administration may obtain when the User visits the Website or fills in its forms.
1.2.7. Coach — individual entrepreneur Oleg Botvinov.
1.2.8. Coaching Session — a form of the Services purchased by the User through the Website.
1.2.9. Package of Coaching Sessions — two or more Coaching Sessions purchased together at the same time.
1.2.10. Personal Data — information that allows a person to be identified (full name, phone, email, other contact information and other data that may reasonably be considered such information).
1.2.11. Privacy Policy — the internal rules set by the Website Administration governing the confidentiality of information about Users, set out in a separate document published on the Website.
1.2.12. User — anyone who visits and uses the Website.
1.2.13. Service — information services provided by the Coach to the User.
1.3. The Website is the property of the Coach.
1.4. These Terms are binding on all Website Users, as well as on the Coach and the Website Administration.
1.5. These Terms must be read before using the Website, including before ordering Services.
1.6. These Terms apply if the User uses the Website and/or orders Services on it.
1.7. If the User has entered the Website and has not left it within a reasonable time, the User is deemed to have accepted these Terms, unless the User has sent a notice of disagreement within 5 (five) hours of first entering the Website.
1.8. If the User disagrees with the terms and requirements of this Agreement, the User must immediately stop using the Website and leave it.
1.9. By agreeing to these Terms, the User warrants that they have reached the age of majority and have full legal capacity.
1.10. Words used in these Terms and in other documents and regulations of the Website Administration in one grammatical gender are to be read as applying to all genders, without limitation or exception.
2. Subject of the Agreement
2.1. The Website Administration sets the rules for using the Website set out in this Agreement and undertakes to observe them from the moment of publication; the User, by agreeing to them, gives certain warranties and undertakes to observe these rules from the moment they first enter the Website, regardless of the access point (IP address).
2.2. Using the Website is free of charge. Services ordered on the Website are paid, except for Free Materials.
2.3. The confidentiality of Users' information (including Personal Data) that becomes available to the Website Administration when the User visits the Website or fills in its forms is governed by the Privacy Policy.
2.4. The provision of Services is governed by the Public Offer Agreement for the provision of information services published in the relevant section of the Website.
3. Using the Website and Ordering Services
3.1. When using the Website, the User independently reviews its content, chooses the Service they need (a single Coaching Session and/or a Package of Coaching Sessions) and orders it.
3.2. The User independently chooses the language version of the Website that suits them.
3.3. The Website Administration may publish, change and remove Free Materials on the Website at its discretion.
3.4. The Website Administration publishes on the Website Packages of Coaching Sessions and single Coaching Sessions that differ in number, price, bonuses and focus. The Website Administration may, at its discretion, change the topics, duration and price of Coaching Sessions or Packages. Only Coaching Sessions and Packages already ordered by Users through Acceptance may not be changed unilaterally.
3.5. The User may choose any number and any combination of the Coaching Sessions and/or Packages presented on the Website.
3.6. The Website Administration recommends that Users carefully read all the terms of each Coaching Session and/or Package before ordering, including the terms of provision and payment. Unless otherwise stated in the terms of the relevant Coaching Session, Package or the Public Offer Agreement, the Services are provided on a prepayment basis.
3.7. When reading the Public Offer Agreement, the User should note that by accepting it the User consents to the Coach using and transferring audio and video materials of Coaching Sessions (except the Introductory Meeting) to the International Coaching Federation (ICF).
3.8. Having read all the terms of ordering and providing Services on the Website, the User may choose and order the Service they are interested in.
3.9. After choosing the Service, to order it the User must conclude the Public Offer Agreement with the Coach by accepting the offer. To do so, the User:
3.9.1. fills in the form on the Website with correct Personal Data, such as surname, name, patronymic (if any), contact phone number, email address, residency and bank details;
3.9.2. confirms that they have read and agree to the Terms of Use, the Privacy Policy and the Public Offer Agreement by ticking the relevant checkbox:
3.9.2.1. “I have read and agree to the terms of the Public Offer Agreement for the provision of information services, the Terms of Use and the Privacy Policy. I consent to the processing of my personal data”, or by a similar action when filling in the order form on the Website;
3.9.3. submits the form with the relevant checkbox ticked for processing.
3.10. Acceptance of the Offer when ordering services is equivalent to the User's handwritten signature on the Offer and means the User's full and unconditional agreement with all the terms of the Offer and its supplements. Ignorance of the terms of the Offer does not release the User from liability for non-compliance.
3.11. If the User disagrees with any of the documents listed in clause 3.9.2 of these Terms, the User must not tick the relevant checkboxes. In that case the Public Offer Agreement cannot be accepted and, accordingly, the Services cannot be ordered.
3.12. Acceptance of the offer as described in clause 3.9 of these Terms means the User's unconditional agreement with the content, duration and price of the Services and the other essential terms of their provision.
3.13. The Services are provided in accordance with the data in the form and, if necessary, additional information provided by the User by way of clarification using the Website Administration's email address specified in Section 7 of these Terms.
3.14. The User unconditionally consents to receiving written notices, phone calls, promotional mailings, informational and other messages and materials at the email address and phone number provided when submitting the order form. This consent is also deemed given when the User provides contact and other details to access Free Materials, if such details are requested on the Website.
3.15. After the Public Offer Agreement is concluded, the relationship of the parties is governed by:
3.15.1. the Public Offer Agreement for the provision of information services;
3.15.2. the Privacy Policy or, if a separate Confidentiality Agreement has been concluded, that agreement.
3.16. After the Public Offer Agreement is concluded, the Administration contacts the User, schedules the Introductory Meeting and/or issues an invoice.
3.17. After receiving the Services, the User is not required to take any action on the Website but may leave comments.
3.18. The Website Administration reserves the right to make any changes to the Website, including terminating, changing or suspending any aspect of the Website at any time without prior notice, and to introduce additional rules or restrictions on its use. The User undertakes to keep track of the relevance of the information published on the Website.
4. User Obligations and Warranties
4.1. The User undertakes:
4.1.1. not to use the Website for any unlawful activity;
4.1.2. not to attempt to interfere with the network or security features of the Website and/or gain unauthorised access to the Website's systems;
4.1.3. not to use the Website to do any of the following:
4.1.3.1. any unlawful actions;
4.1.3.2. changing the content of the Website;
4.1.3.3. interfering with the normal operation of the Website.
4.2. The User warrants that they have permission to use and transfer the Personal Data of third parties if they fill in the form on behalf of and/or in the interests of such a person.
5. Intellectual Property
5.1. The design, content and functionality of the Website are the exclusive intellectual property of the Coach.
5.2. The User may use the materials and any information published on the Website only for personal, non-commercial purposes.
5.3. Using the Website does not give the User any property or intellectual property rights to the Website or its materials.
5.4. Copying, adapting, modifying, using in whole or in part, publicly reproducing and distributing materials published on the Website, including Free Materials, is prohibited.
5.5. All brand names and/or trademarks mentioned on the Website, including third-party brand names and trademarks, are protected by applicable intellectual property law.
5.6. The Coach's trade name belongs to the Coach. Nothing on the Website may be construed as transferring any rights to use the Coach's trade name to Users or other persons.
6. Liability of the Parties
6.1. Any losses the User may incur as a result of an intentional or negligent breach of any provision of this Agreement are not reimbursed by the Website Administration.
6.2. The Website Administration is not liable for:
6.2.1. delays or failures in the course of a transaction caused by force majeure or by any malfunction of telecommunication, computer, electrical and other related systems;
6.2.2. the actions of money transfer systems, banks and payment systems, or delays related to their operation;
6.2.3. the proper functioning of the Website if the User lacks the technical means required to use it; the Administration has no obligation to provide Users with such means.
6.3. The Website Administration is not liable for any damage that could not reasonably have been foreseen at the time this Agreement was published.
6.4. The Website Administration is not liable to the User or any third party for any change, suspension or termination of the Website.
6.5. If the User's actions or omissions cause damage to the Website Administration, the User must compensate the full amount of the damage to the person who suffered it.
7. Feedback. Claims. Governing Law
7.1. The proper email address for sending and receiving email on behalf of the Website Administration is botvinovpro@gmail.com.
7.2. The email address specified in clause 7.1 of these Terms is the sole and exclusive address for:
7.2.1. transferring Personal Data and Confidential Information;
7.2.2. discussing organisational matters;
7.2.3. the Website Administration sending invoices to Users;
7.2.4. Users sending claims and suggestions;
7.2.5. other official correspondence.
7.3. If the User sends an email to an address other than the one specified in clause 7.1 of these Terms, it is not deemed delivered to the Website Administration.
7.4. If the User receives an email requesting Confidential Information for the Website Administration, or containing an invoice, from an address other than the one specified in clause 7.1 of these Terms, the User must inform the Website Administration and must not reply to that email or pay the invoice.
7.5. Claims and suggestions from the User are considered within 7 (seven) business days. Once consideration is complete, the Administration sends a reasoned reply to the email address from which the claim or suggestion was received.
7.6. If the User has changed their contact phone numbers or email addresses, messages sent to the old contact details are deemed delivered until the User reports the change.
7.7. This Agreement is governed by and construed in accordance with the legislation of Ukraine. Matters not covered by this Agreement are resolved in accordance with the legislation of Ukraine.
7.8. All disputes arising from the relationship governed by this Agreement are resolved through negotiations between the Parties. If no agreement is reached, the dispute is resolved in court in accordance with the current legislation of Ukraine at the defendant's location.