Agreement for the provision of training services

(hereinafter — «Agreement»)

This Agreement is made by and between HYPNOSPACE - FZCO duly incorporated under the laws of United Arab Emirates, address: P.O Box: 6009, Dubai, United Arab Emirates (hereinafter — «the Contractor»),
and a completely legally capable individual (including one who has reached the legal age of legal capacity) who purchases training services in his own interests (hereinafter — the «Customer») under terms of the Agreement. The Contractor and Customer are sometimes collectively referred to herein as the “Parties” and individually as a “Party”.

The Agreement is a proposal (offer) of Contractor to the Customer to enter into an Agreement on the following terms and conditions. The offer is considered to be sent from the moment of its publication to the following address: http://gipnorody.com/ (hereinafter — «Website»).

The offer is considered accepted, and the Agreement is concluded by the Customer on the terms of the offer and entered into effect from the date of Payment for the training services according to the bill.

The Customer is informed and agrees that the fact, time and date of acceptance of the offer (conclusion of the Agreement) by the Customer are determined on the basis of Contractor data.

The Customer is an individual who has full legal capacity and active legal capacity, including having reached the legal age of full active legal capacity, in accordance with the applicable legislation.

By accepting this Agreement, Customer agrees to be bound and strictly comply with these Terms and Conditions of this Agreement and gives voluntary consent to the processing of personal data.

1. Subject.

1.1. The Contractor agrees that it will provide the training services according with the Program/ Course specified on the Website in external (remote) mode with the use of remote training materials uploaded by the Contractor in a closed section of the Website or by providing the access to the interactive Platform GetCourse (hereinafter “interactive Platform”) (text, audio, video recordings, webinars in real time or recorded) (hereinafter “Services”).

1.2. The Contractor independently determines the method, details and means of performing the Services.

1.3. By accepting this Agreement, the Customer understands and agrees that in the process of providing the Services to the Customer, side effects and complications may occur. Due to the fact that side effects and complications arise due to the biological characteristics of the body and the technique provided by the Contractor cannot completely exclude their possibility, the Contractor is not responsible for the possible occurrence of complications.

1.4. The Contractor, at its sole discretion, may engage third parties (free of charge basis) as invited guests or to provide technical and marketing support for the provision of Services.

1.5. Any information from invited guests and other third parties is not included in the Program/ Course, is provided free of charge, is additional, optional and for informational purposes.

1.6. The Contractor is not responsible for the recommendations and actions of third parties involved, does not guarantee that they have the appropriate education and admission to medical activities.

1.7. The involved third party is personally responsible for the information provided, including but not limited to the lack of a medical license / admission to medical activities.

1.8. Any recommendations and consultations of third parties involved are their personal subjective opinion and cannot be interpreted as a diagnosis and treatment method. Before applying the recommendations, the Customer should additionally consult with a doctor.

1. Terms and cost of services.

2.1. Unless otherwise the cost of services (a specific package) is specified on the Website and can be available to the Customer.

2.2. The total cost of already paid Services cannot be changed unilaterally, but only by signing an additional agreement. The Contractor may unilaterally change the cost of the Services until they are paid by the Customer, without any warnings or announcements, by publishing the new cost on the Website.

2.3. In case of a deposit for the Service, the cost is fixed on the day of payment and the Service is provided at the price fixed.

2.4. The Customer fills in all the required fields of the order form on the page of the Contractor's Website for the sale of the Service or on any other available resource of the Contractor that allows processing the Customer's request for the provision of the Service. At the same time, the Customer ensures the accuracy of the information provided.

2.5. The Contractor has the right to provide Services both on a paid and free basis, depending on the type of Service and other conditions (promotions and ect).

2.6. The Contractor has the right to offer, at its sole discretion, discounts, bonuses, the terms of which the Contractor publishes on the Website or offers personally.

2.7. In the event that the Customer has not paid for the Services of the Contractor in full no later than 1 (one) calendar day before the date of commencement of the provision of the Services, the Contractor has the right not to provide the Service to the Customer. Changing this condition is possible by agreement of the Parties.

2.8. The Customer makes a payment in the order of 100% (one hundred) percent prepayment in non-cash form, no later than 1 (one) calendar day before the date of commencement of the provision of the Services, using one of the electronic payment services available: PayPal or Stripe. When other payment terms, in particular the payment procedure, are provided, the Customer may pay for the services on the basis of such conditions.

2.9. The fact that the Customer pays for a specific Services is confirmed from the moment of receipt by the Contractor:

2.10.1. confirmation from the Contractor's bank on receipt of the payment amount;

2.10.2. confirmation of payment from the Payment system through which the payment was made.

2.11. Services are considered received and accepted by the Customer in full at the moment when the Customer is granted access to the interactive Platform.

2.12. Access to the Services is provided to the Customer no later than 1 (one) calendar day the Program/ Course starts. Information about the beginning of the Program/ Course is posted on the Website and/or the interactive Platform.

2.13. All classes are held on the interactive Platform GetCourse. After payment for the Services, the Customer gets access to the interactive Platform GetCourse, on which the provision of Services will be carried out.

2.14. The Customer independently monitors all updates and changes posted in the GetCourse personal account, in the Support Chat and related to the provision of services under the Agreement.

2.15. The Customer shall: (1) use the interactive Platform independently without involving third parties; (2) take classes independently, the presence of third parties during classes is prohibited.

2.16. Services for conducting a live stream are considered rendered to the Customer in full at the time of provision of such Service.

2.17. If the Contractor is unable to conduct a live stream at the scheduled start time, the Contractor is obliged to send a notification to the Customer 1 (one) working day before the scheduled date and reschedule the live stream to another time by publishing the relevant information on the Contractor's Website and / or related social networks, SMS mailings, by phone or in another way chosen by the Contractor.

2.18. If the Customer is not pregnant at the time of acceptance of this Offer, then the term for the provision of services cannot exceed 1 (one) year from the date of acceptance, even if the Customer has not started accepting services.

2.19. In the event that the Customer is pregnant, the term for the provision of services begins from the moment the Customer registers on the interactive Platform and lasts until the date of delivery (or other termination of pregnancy for any reason) plus 4 (four) weeks, and cannot be more than 44 (forty) weeks of pregnancy, regardless of the date of delivery (or other termination of pregnancy).

2.20. In the event that the Customer, within 44 (forty-four) weeks (in case of pregnancy) or 1 (one) year (in the absence of pregnancy) from the date of acceptance of the Offer, did not register on the interactive Platform, or registered, but did not start training, the Services are considered to be performed and accepted by the Customer.

2.21. In the event that the Customer has claims on the quality of the Services, the Customer must, within 3 (three) calendar days from the date of their provision, send the Contractor a claim in writing by email: info@gipnorody.ru. The Customer's claim will be considered by the Contractor within 10 (ten) working days from the date of its receipt.

2.22. The Customer's request for a refund of funds terminates after 14 (fourteen) calendar days from the date of the start Program/ Course or from the date of receiving access to the interactive Platform, which is unconditionally accepted by the Parties.

2.23. Services are considered to be rendered properly and accepted by the Customer in full, if within 3 (three) working days after the end of the Program/ Course according to the Customer's schedule, the Contractor has not received from the Customer a reasoned claim in writing by email on the quality of the Services provided.

1. Rights and Obligations of the Parties.

3.1. The Contractor is obliged to:

3.1.1. Render the services according to the corresponding Program/ Course under the terms of the Agreement;

3.1.2. Provide the Customer with the information concerning Services provided;

3.1.3. Inform the Customer about the impossibility of rendering any Services. If the provision of the Services may entail obviously expected complications and side effects, the Contractor must notify the Customer of the possible negative consequences and obtain the Customer's written consent to the provision of the Service. If after the provision of the Services side effects and complications occur, the Contractor shall not be liable as he warned the Customer about the possible consequences in the prescribed manner;

3.2. The Contractor has the right:

3.2.1. At its sole discretion, change corresponding training Programs/ Courses, structure and contents, digital training materials uploaded on the Website/ interactive Platform. In case the Customer continues using the changed corresponding Programs/ Courses, digital training materials and ect. the Customer confirms acceptance of such changes.

3.2.2. Cancel the Services provision for the Customer:

3.2.2.1. in case of non-payment or incomplete payment of the cost of the Services by the Customer;

3.2.2.2. if the Customer has medical contraindications;

3.2.2.3. if the Customer is under the influence of drugs or alcohol;

3.2.2.4. if the Contractor has reasonable grounds to believe that the Customer behaved inappropriately during the Program/ Course;

3.2.2.5. In case of refusal to provide the Customer with a written consent to the provision of the Service as specified in Clause 3.1.3.

3.2.2.6. in case of violation by the Customer of copyright, exclusive and other intellectual rights of the Contractor.

3.2.3. Suspend access in the event of technical or other reasons preventing the provision of the Services beyond the control of the Contractor until such reasons are eliminated. In the event of such circumstances, the Contractor has the right to postpone the terms of the provision of the Services, including directly on the day of their provision.

3.2.4. Cancel or reschedule the activities related to the provision of the Services for another period in the absence of more than 50% (Fifty percent) of the Customers, in case Services are provided jointly in a group with other Customers. Money for unrendered Services is fully refundable.

3.2.5. The Customer agrees that Contractor may record audio and video, take photographs during the provision of the Services and grants the Contractor the right to publish above information on the Website and in other sources, to make available to an indefinite circle of persons, distribute, reproduce, copy, edit and otherwise use photographs, audio and video recordings, as well as transfers the rights of all copyright, exclusive and other rights of such information.

3.2.6. To require the Customer to provide information and documents confirming the compliance with the requirements specified in this Agreement.

3.3. The Customer is obliged to:

3.3.1. Pay for the Services on time and in the manner specified by the Agreement;

3.3.2. Prior to the provision of the Service, inform the Contractor about the presence of contraindications to the use of any procedures and other information about the state of his health;

3.3.3. Accept the services in the manner specified in this Agreement;

3.3.4. Follow all the recommendations of specialists, as well as the instructions that must be observed by the Customer after the provision of the Services;

3.3.5. Report any changes in well-being or the state of health;

3.3.6. Comply with the requirements of the Contractor, observe discipline and generally accepted standards of conduct, including showing respect for the Contractor and other Customers, not infringe on their honor, dignity and business reputation;

3.3.7. Refuse to use the information received from the Contractor in ways that could damage the interests or the reputation of the Contractor;

3.3.8. Use digital training materials, specifically video-lectures solely for the purposes of self training under the conditions of the present Agreement. Do not copy, give or use any of the training materials beyond the conditions of the Agreement.

3.3.9. Provide the Contractor with the following information (If requested): the state of health, gestational age, EDD (estimated date of birth) or other information related to the provision of services, as well as provide medical reports or other official medical documents to confirm the information provided at the request of the Contractor.

3.4. The Customer has the right to:

3.4.1. Request and receive the information (follow-up questions, comments) concerning the proper provision of the Services;

3.4.2. Require proper and timely provision of the Services by the Contractor;

3.4.3. Contact the Contractor on all issues related to the provision of the Services;

3.4.4. Express wishes to improve the quality of the provision of Services;

1. Intellectual property.

4.1. The Contractor owns the rights to the Website, including the rights to any results of intellectual activity included but not limited to audio and video materials, design works uploaded on the Website or interactive Planform, texts, means of individualization (brand name, trademarks, service marks, commercial designations). All rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights that belong to the Contractor are reserved and the Contractor is an exclusive owner thereof.

4.2. Providing the Customer with access to materials uploaded on the Website and/or interactive Platform is carried out solely for the purpose of proper provision of Services hereunder and does not grant the Customer the right to transfer of any rights to the Website and/or information/ materials uploaded on the interactive Platform and/or their components.

4.3. The Customer and third parties are not entitled to use any information and graphic objects uploaded on the Website/ interactive Platform without the prior written consent of the Contractor, not to violate the Contractor's copyrights, including personal non-property, exclusive and other rights. In the event of a violation of this rule, the Customer shall be entitled to the payment of a penalty in the amount of 1 000 US dollars for each case of violation.

4.4. The Customer undertakes not to distribute any materials received during the provision of the Services, and also not to record the Services on audio and / or video media. If the Customer breaches the rule above, he shall be liable to the Contractor for the losses caused by the fact of the distribution of any materials, including lost profits, as well as compensation in the amount of 15 000 US dollars.

1. Termination.

5.1. The Agreement may be terminated in accordance with the procedure established by applicable law.

5.2. The Contractor reserves the right, for any reason and at any time to suspend or terminate this Agreement.

5.3. The Customer may terminate this Agreement by paying to the Contractor for the actually rendered Services and expenses incurred by the Contractor. The expenses of the Contractor are expenses associated with the fulfillment of obligations under the Agreement, including, but not limited to:

– for the development of the Program/ Course (to the author / methodologist / expert, etc.);

– for filming and editing the Program/ Course (videographer/editor/cameraman, etc.);

– for renting a studio for recording / filming the Program/ Course;

- for communication services related to the placement of the Program/ Course in the information and telecommunications network "Internet", as well as communication with the Customer;

– for the services of a manager who accompanies the Customer from the moment of the initial application to the end of the Program/ Course;

– utility costs (electricity);

– taxes;

– for servicing the Contractor's current account;

– advertising costs.

5.4. Upon receipt by the Contractor of a refund request from the Customer, the Contractor returns the funds in accordance with this Agreement minus the amount of the discount provided to the Customer at the time of the purchase of the Services.

5.5. Expenses, including the bank commission for the transfer of the return of funds to the Customer under the Agreement, shall be paid by the Customer.

5.6. All appeals, claims and complaints, as well as applications for the return of funds are accepted only in the form of a scanned document signed by the Customer with his own hand, which is sent to him by email: info@gipnorody.ru. The original application must be sent to the Contractor at the address indicated by the Contractor by mail.

5.7. Unless otherwise the refund request must contain the following information:

– surname, name, middle name of the Customer;

– passport data of the Customer, e-mail address, contact phone number;

- the amount of payment for the Services, the date of transfer and a copy of the payment document for the transfer of funds;

- reasons for the refund of funds and details;

– applications, if necessary, to confirm any facts that are important for the the refund;

– date, signature and transcript.

1. Customer’s Data.

6.1. The Customer shall provide Contractor with all data requested by the Website and/or interactive Platform and/or Contractor that is necessary for the provision of Services.

6.2. By submitting data to the Contractor, the Customer agrees to the processing of the provided data in accordance with this Agreement.

6.3. The Contractor shall not disclose confidential information provided by the Customer in connection with the performance hereof to third parties without the Customer's prior consent.

1. Rescheduling, canceling, and missing lessons.

7.1. The Contractor may reschedule the dates and times of the provision of the Services without prior consent from the Customer by notifying no later than 1 (one) calendar day before the start of the rescheduled Program/ Course/ Lesson.

7.2. The Customer may ask for reschedule the dates and times of the provision of the Services by notifying the Contractor. The Contractor has the right, but is not obliged to satisfy the specified request. In the absence of reasons, or if the Contractor does not consider them sufficient for the reschedule, the Customer has the right to postpone the start date of services to another date within the period for the provision of services after paying an amount equal to 40 US dollars additionally.

7.3. If the Customer is not present during the provision of the Service, and has not received the Contractor’s consent on the reschedule, the Contractor is obliged to wait for the Customer within 30 minutes. If the Customer does not appear on time, the lesson is considered missed due to the fault of the Customer and is not rescheduled for another time, the Services are considered rendered and are non-refundable.

1. Guarantees and liability of the Parties.

8.1. The Parties are liable for non-fulfillment or improper fulfillment of their obligations under the Agreement.

8.2. The Contractor is not responsible for non-service of the Customer for reasons related to the disruption of the Internet channel, equipment or software.

8.3. The Contractor is not responsible for the discrepancy between the result obtained and the Customer's ideas.

8.4. The Customer is responsible for the correctness and timeliness of the information provided and the payments made.

8.5. In case of violation by the Customer of any of the terms of this Agreement, the Contractor has the right to unilaterally terminate this Agreement and withhold the funds paid by the Customer as penalties.

8.6. The Contractor reserves the right to cancel the Customer's participation in the training without a refund in case the Customer distributes information and materials received by the Contractor to third parties for a fee or free of charge. Withholding of payment is carried out on account of payment of compensation to the Contractor for violation of the terms of this agreement.

8.7. The Contractor, under no circumstances, shall be liable for harm associated with the deterioration of the health of the Customer as a result of the provision of the Services.

1. Miscellaneous.

9.1. If any provision hereof is deemed invalid, void or unenforceable, all other provisions hereof remain valid and are subject to full enforcement.

9.2. This Agreement shall be governed, construed, and enforced in accordance with the law of the United Arab Emirates.

9.3. The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. Parties agreed that the Customer shall notify the Contractor, in writing, about Dispute. Any Disputes shall be considered by the Contractor within 30 (thirty) days upon receiving them by the Customer. If the Parties are unable to resolve a Dispute, it shall be finally settled by Arbitration based on the applicable law.

9.4. The Parties recognize the legal force of all scanned copies and other documents in electronic form (by email, via WhatsApp, Telegram, SMS and ect), received from each other as part of the conclusion and execution of the Agreement.