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Terms & conditions

TERMS OF SERVICE (OFFER)
GENERAL TERMS AND CONDITIONS TO USE SERVICES OF KIEV INTERNATIONAL PASTRY SCHOOL KICA
(effective date 01/08/2019, new revision of 1.06.2021)

1. INTRODUCTION

https://kica-world.com/, https://kica-online.com/, https://kica-online.com/ru/, https://kica-academy.com/, https://kica-academy.com/ru, https://eduplatform.ru.kica-academy.com, https://kicaacademy.getcourse.ru/, https://edu.fr.kica-academy.com/, https://edu.en.kica-academy.com/, https://edu.ar.kica-academy.com/ including all services within these websites (referred to herein below as “Services”) with the exceptions of services provided within individual written agreement between You (website user) and me – individual entrepreneur Verbytska Tetyana (hereinafter referred to as the “Website administration» or "us", "we", "our"). This document shall contain the general provisions of this agreement and conditions.

Services provided on the territory of Ukraine under the company KIEV INTERNATIONAL PASTRY SCHOOL KICA shall be understood: Individual entrepreneur Verbytska Tetyana (Individual Taxpayer Number 2894119181) regardless of the method of payment and the purchased product (the package of services).

The banking information of individual entrepreneur Verbytska Tetyana as a service provider shall be indicated in e-receipt, payment system invoice or invoice issued to you.

If there is no any other written contract or agreement, your agreement with the company KIEV INTERNATIONAL PASTRY SCHOOL KICA shall include the terms and conditions no less than provided in this document (hereinafter referred to as the “General terms and conditions”). Please, read the General Terms and Conditions carefully.

Regardless of the General Terms and Conditions, your agreement with the company KIEV INTERNATIONAL PASTRY SCHOOL KICA shall include the Supplementary service terms and conditions released on the product (service) description page or in juridical notifications acting towards the Services (hereinafter referred to as the “Supplementary terms and conditions”).
The General terms and conditions, as well as the Supplementary terms and conditions (hereinafter  referred to as the “TERMS AND CONDITIONS”), shall form binding agreement for Service and website use.

2. ACCEPTANCE OF THE TERMS AND CONDITIONS

To receive the possibility to use the Services you are to accept the Terms and Conditions. Prior to the
acceptance of the Terms and Conditions, the Services of KIEV INTERNATIONAL PASTRY SCHOOL
KICA are restricted from using.

You may accept the Terms and Conditions in the following ways:

  1. – by taking actions that testify the acceptance of the Terms and Conditions (by clicking the button, ticking the corresponding box or by any suchlike action) on the service order page of the website; or
  2. – by factual using the Services. Should that be the case we consider your using the Services as the acceptance of the Terms and Conditions.

By using the website of the project or the offered Services on the website, you accept all the specified Terms and Conditions.

In the event you disagree with the General Terms and Conditions or the Supplementary Terms and Conditions published on the website – you shall leave the website and stop using the Services.

3. THE SUBJECT OF THE AGREEMENT

The subject of the agreement shall be the using of the websites including the Services within these websites https://kica-world.com/, https://kica-online.com/, https://kica-online.com/ru/, https://kica-academy.com/, https://kica-academy.com/ru, https://eduplatform.ru.kica-academy.com, https://kicaacademy.getcourse.ru/, https://edu.fr.kica-academy.com/, https://edu.en.kica-academy.com/, https://edu.ar.kica-academy.com/

The Terms and Conditions to use the website services and materials: a user shall be any person who accepts the Terms and Conditions and use one or several websites and Services. The paid services are not for use by any minors (defined as those who are not at least 18 years of age), and you must not use the paid services if you a minor.

SUPPLEMENTARY TERMS AND CONDITIONS

Since we provide many different services, some of them shall have the supplementary terms and conditions of using and restrictions. These terms and conditions shall be given in corresponding website pages, on the Service (“informational products”) order pages or in juridical notifications we send to you (hereinafter referred to as the “Supplementary terms and conditions”). The supplementary terms and conditions shall constitute a part of your service and website use agreement. We reserve the right to impose the binding Supplementary terms and conditions to use the website and services.

4. COST AND DESCRIPTION OF THE SERVICE PROVIDED BY KIEV INTERNATIONAL
PASTRY SCHOOL KICA

SERVICES AND FREE MATERIALS:

The amount of the available Services shall depend on purchase conditions of a concrete product or package of services. In the event that you use the website services and materials available to the public and free of charge, you receive only the information provided by this website section or by this product.

In the event that you purchase the services or reserve participation in the event, you shall receive detailed information including the access to the paid website content and services. You may purchase a separate product (package of services) for a one-off payment, reserve participation in the live event (offline class, training, course).

Please, pay attention that certain prepaid packages of services herein refer to obtaining access to several products and programs (courses) of studying immediately. However, it is not that, to receive the informational materials for additional programs of studying you shall purchase these Services individually.

Most programs of studying shall involve individual work and performing certain tasks (home assignments) which form the part of the service rendering process.

PRICES AND SERVICE COST:

The price for the services which you purchase (package of services within the program of studying, course or master class) may be indicated on the product page, on the website or shall be indicated in written juridical notification – message dispatched to the e-mail address which you indicate at the time of registration or entering into a purchase order on the website.

5. THE WEBSITE USE AND SERVICE ORDER

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions including our Confidentiality policy. If you disagree with any part of the terms, then you shall leave the website and you may not access the Service.

In the event that you registered on the website or placed an order on the services provided by the website, or you are using our services, you agree to receive letters of notifications, newsletters, informational notifications, and other materials at phone number and e-mail indicated at the time of registration. In individual cases, you may refuse to receive any of them if necessary.

You shall comply with all the Terms and Conditions which you are offered to review when you enter into a purchase order or use the website services. You must agree you shall not act to derange the website, Services or relevant server systems and networks.

You agree that you are absolutely liable for the violation of your obligations specified in the Terms and Conditions herein, including all the effects of the wrongdoing.

6. MAKING THE DEAL

The order of forming and procedure for concluding agreement shall depend on the product (package of services) and the method of paying which you choose as well as on the fact whether you place an order for the Services for the first time or you already have a user account on the websites.

The registration on the websites, newsletter subscription, placing an order and paying for the Services on the websites (introducing your banking details) are not possible unless you accept the General Terms and Conditions herein and the Confidentiality policy (by ticking the corresponding box “I have read and accept the Terms and Conditions and the Confidentiality policy” below the form of data collection).

ENTRY INTO AN AGREEMENT

By visiting the websites and using free materials and services available to the public, you conclude the Content License Agreement with us.

By signing up for free webinars or subscribing to receiving newsletters, you conclude the Service agreement with us. In such event, the Agreement shall include the General Terms and Conditions and the Supplementary Terms and Conditions to use the services.

By purchasing a prepaid package of services, you conclude the Service agreement by clicking the button «Participate» or «Buy» (or any other suchlike box). In such event, the Agreement shall include the General Terms and Conditions and the Supplementary Terms and Conditions to use the services.

In the event that you purchase the ticket for live events (an event, offline seminar, training course), you conclude the Ticket Sale and Purchase agreement by clicking the button «Participate» or «Buy» (or any other suchlike box). In such event, the Agreement shall include the General Terms and Conditions and the Supplementary Terms and Conditions to use the services.

In the act of paying for services, you conclude with us the Service agreement at the instant of successful entering your banking information into the payment system form. In such event, the Agreement shall include the General Terms and Conditions and the Supplementary Terms and Conditions to use the services.

In the event that you pay for the order without using online banking wire transfer, you conclude the
Agreement at the instant you perform the invoice payment which we issue to you.

PURCHASE OF SEVERAL PRODUCTS OR ADDITIONAL SERVICES:

You may purchase or use one or several services at once by making a one-off payment for the package of services.

CORRECTIONS OF INPUT ERRORS:

By registering on our website or ordering the services, you may terminate the process of making the purchase any moment and correct the input errors until you complete the registration or make the order – payment for services.
You may contact us and inform about input errors.

7. SERVICE PERIOD

All services purchased on the website may be offered for a certain period (have a fixed period). In such event, upon the expiry of the indicated period, the rendering of service shall be ceased automatically at the moment the specified period for providing services terminates. You are not needed to undertake any actions to terminate the service rendering.

The term for the provision of services is indicated in the description for each specific service on the sites https://kica-world.com/, https://kica-online.com/, https://kica-online.com/ru/, https://kica-academy.com/, https://kica-academy.com/ru, https://eduplatform.ru.kica-academy.com, https://kicaacademy.getcourse.ru/, https://edu.fr.kica-academy.com/, https://edu.en.kica-academy.com/, https://edu.ar.kica-academy.com/

8. SERVICE RESERVATION (PREORDER) TERMS AND CONDITIONS

By making a reservation for services, you enter into a purchase order for products and services of KIEV INTERNATIONAL PASTRY SCHOOL KICA at a discount price, at a specific price. You pay reservation cost and receive the fixed price available for the moment when you make a reservation. You are obliged to pay the balance within the period indicated in the offer which is published on the selling page.

Deposited amount (the reservation cost) is considered to be an advance payment and shall be entered in payment for the services.

In the event that you do not pay the balance for the reserved services, we return you all the funds received, but you forfeit the right to purchase the products and services at a specific price, and you may purchase them at the regular price indicated on the website.

In the event that you use the services (received the access to one or several classes) before you pay the balance, we shall retain the amount for services actually rendered according to our Refund Policy (see section 11 of the agreement herein).

You may use the deposited amount as part payment for other services of KIEV INTERNATIONAL PASTRY SCHOOL KICA within two (2) calendar month from the date of paying the reservation cost, for this, contact us. After termination of the two-month period from the date of payment, no reservation cost is refunded.

Pay attention reservation is to be understood as the order of minimal package of services or pricing plan (at the lowest price), but you may choose another package of services provided that you pay the balance.

9. PAYMENT CONDITIONS

DEBITING AN ACCOUNT

In the event that you purchase the package of services or tickets for a live event on the website, at the moment of making an order (successful entering the payment details in the payment system form) you are charged the one-off amount for the services which you order.

PAYMENT DEFAULT

We reserve the right to raise a claim that the service payment due day is violated. In the event that we may not withdraw the funds from your payment card or current due amount, we have the right not to begin to provide the Services or suspend providing them until the payment for services is performed.

10. Payment methods

Services can only be provided on a prepaid basis. The main payment method is the FastSpring payment system which uses:
(i) Bank cards, including credit or debit
(ii) Bank transfer
(iii) Paypal
(iv) Amazon Pay
The Payer understands and agrees that the Payer is fully responsible and liable to pay any and all taxes in full related to the payment of services. Please, consult with your tax advisor about the tax liability that arises or may arise from the payment of services using any of the selected methods.

The Payer understands and agrees that the Payer is fully responsible and liable to pay any and all fees that arise from the payment of services using any of the selected methods.

The Payer must notify the service provider of the payment and provide supporting documents showing the payment as requested by the service provider.

The Payer must refund any and all costs incurred by the service provider as a result of the Payer’s failure to properly perform the payment of services. The Payer agrees that the service provider has the right to recover any and all costs incurred by the service provider as a result of the payment of services not being paid in full.

The service provider holds the right at any time, and at their discretion, to provide an alternative payment method, change the payment method or refuse a specific payment method.

The availability of a payment method may depend on the Payer’s country of residence and other factors.
The service provider is not responsible for the availability of a payment method to the Payer.

11. REFUND POLICY AND SERVICE PROVISION TIME EXTENSION

Upon making an order and payment, in every individual case, you have the right to refuse the Services and request refund. You have the right to decline the purchased services by informing us within the specified time.
The refund, as well as the retained amount incidental to a refund, depends on the date of receiving the refund request.

Online service refusal policy

Tuition fees may be refunded if the participant applies for a refund no later than on the 14th calendar days of training in case the learning format doesn’t fit the participant or there are force majeure circumstances not allowing the participant to continue training. In any other case, after the 14th calendar day of training, a refund is not possible.

Participation in offline events and trips refusal policy

If the refund request is received before the 30th day before the date of the event or master class, regardless of any reason, — you receive a full refund (less and except payment systems fees, hotel and pastry school fines and other fined related to refund);
after the 30th day, no refund is issued.

Refund processing

For cancellation of services please contact us at info@kica-online.com or reach our customer service at the number indicated on the website. We confirm the receiving of the request for a refund via e-mail message you indicate at the moment of making an order.

To make the refund, please submit us the following details: full name and e-mail address indicated while making the order; the name of the Service (course, the package of services); the date of the order; payment information; reasons for service cancellation and other necessary information. You understand in the event that you do not provide us with all the necessary information, we have the right to decline the refund and do not consider your request.

Consequences of service cancellation

If you request a refund within the specified period, we are to refund within fourteen (14) calendar days from the date of receiving the request.

To refund you the funds we use the same method of payment which you used when you paid for the services. We detain from the refund amount of all the additional bank and payment system commissions related to refund.

In the event that you did not use the services (did not participate in the event, did not watch available classes) through no fault of ours or you refused using the services violating the time limit and established order no refund is issued for such services.

Specific cancellation conditions and supplementary guarantee for a refund

We specifically reserve the right to prescribe other rules of cancellation for certain Services (programs of studying, products, live events, webinars, courses, etc.) or provide you with supplementary guarantees for an unconditional refund by publishing the specific Terms and Conditions for service cancellation on the selling product page.

Service rendering time extension

No later than two (2) months after the date of the service payment (making the first payment) you have the right to request to postpone the Services for the other dates and complete training with the following current of students (under the terms and conditions of the similar package of services, purchased for equivalent price). In this case, the refund is not issued, and we are to inform about new open dates for studying. Service rendering time extension is possible for not more than one time. To abide the specified period, you need to inform us in the order specified for making the refund request.

We specifically reserve the right to prescribe other rules of Services rendering time extension for certain products by publishing the specific time extension Terms and Conditions on the product page.

Application of funds to pay for another product

No later than two (2) months after the date of payment, you have the right to request to enroll the paid funds in payment for any other our product (Services). In the event that the price of the product to purchase exceeds the amount you have paid (your deposit), you shall pay the balance until the beginning of the Service rendering. In the event the deposit amount exceeds the cost of the ordered product, the cost difference is not refunded.

To abide the specified period, you need to inform us in the order specified for making the refund request.

Cancellation period expiry

In the event that the Services were provided in full volume until the expiry date (for instance: you received the access to all the lessons and materials) and/or until the moment of receiving the refund request, no refund is issued.
In the event of receiving the refund request (cancellation of services) violating the indicated period for cancellation, no refund is issued.

12. THE RIGHT TO USE THE CONTENT OF KIEV INTERNATIONAL PASTRY SCHOOL KICA

Depending on the ordered services or the purchased package of services, you receive the access to certain content (informational or training materials), copyrights and allied rights are reserved and belongs to us in any case regardless of registration and territorial limits.

We grant you a limited license to access and make personal use the content for non-commercial purposes under the terms and conditions of the agreement hereinafter for the whole period of service rendering except as otherwise provided in the conditions of the package of participation. You are informed that photography, audio- or video recording of the studying process is strictly prohibited. In the event of failure to comply with the requirements, you are not further allowed to obtain the services.

Intellectual property rights

All content contained on the websites https://kica-world.com/, https://kica-online.com/, https://kica-online.com/ru/, https://kica-academy.com/, https://kica-academy.com/ru, https://eduplatform.ru.kica-academy.com, https://kicaacademy.getcourse.ru/, https://edu.fr.kica-academy.com/, https://edu.en.kica-academy.com/, https://edu.ar.kica-academy.com/ including the materials provided in the course of rendering paid services (content) are copyright-protected items exclusive rights to use which belongs to the company KIEV INTERNATIONAL PASTRY SCHOOL KICA.

The right to use the content and materials included to the website or materials obtained in the course of the Service rendering is restricted to use only for personal non-commercial purposes and is prohibited to use if otherwise.

No Content of the Website may be copied, modified, fully or partially used, transmitted or distributed in any way, as well as the materials provided in the course of the paid service rendering. The content using for commercial purposes without the written agreement of the copyright holder is strictly prohibited and punishable by law.

Any trademarks, service marks, logos, and trade names «CULINARY ACADEMY KIEV INTERNATIONAL» and «КИЕВСКАЯ МЕЖДУНАРОДНАЯ КОНДИТЕРСКАЯ ШКОЛА KICA» are registered and belong to us. All the rights are reserved.

You are obliged not to reproduce, duplicate, copy, sell, change or resell the Services or otherwise exploit, except that you are granted the right by the copyright holder under an individual written agreement, as well as you shall not use other items of intellectual property without our written agreement.

Any intellectual property rights violation as well as allied rights are punishable by the law of the country of service rendering as well as by the international law and create public, administrative and criminal liability.

13. LIABILITY FOR NON-CONFORMING SERVICES

Legal provisions

Provisions of the existing law on Protection of Consumers' Rights regarding the non-conforming service complaints extend to arising relationship regardless of the General and Supplementary Terms and Conditions. The scope of consumer rights provided by law under no circumstances may be lessened.

Disclaimer of warranties

We do not warrant that using the services of KIEV INTERNATIONAL PASTRY SCHOOL KICA enables you to attain financial or any other results. The materials provided in the course of using paid and free website materials shall serve as guidelines.

By purchasing paid services or using free content, you agree that you use the content in your sole discretion and incur one-side liability.

KIEV INTERNATIONAL CULINARY ACADEMY KICA assumes no liability for possible shortfalls in your profits, reputation or any other risks that may occur when using the materials of the website. The results which you obtain in the process of using guidelines, recipes, techniques, and recommendation published on the website, in printed copies or online training materials depend on many factors which related to solely particular persons and depend on a student. They include your individual learning ability, fulfillment in good faith of home tasks, recommendations and guidelines which you receive in the course of studying.

The results of other users may be markedly different when using the same services. Reviews and success stories published on the website are given to demonstrate the result of concrete people and do not serve as a promise or warranty for you to attain the same results even in the event you copy the actions which the people undertook to achieve certain results. By using the materials, you refused the court action and any other complaints against us regarding the results which you obtain when using the content and services.

You understand and accept that your disagreement with our pastry chefs or teachers, teaching techniques and the content of the studying programs does not give the cause for a refund.

14. LIABILITY

General terms and conditions

In the event that the parties violate liabilities, providing the incorrect information when making the deal or in the course of performing the deal, the Parties shall be duly liable.

We are liable for:
— violation of the terms and conditions, and procedures for rendering services;
— non-compliance with service provision period;
— non-conforming services rendering.

We are not liable for:
— impossibility to provide services due to reasons beyond our control including force majeure, a disorder of communication circuit, equipment malfunction and software failure not belonging to us;
— full or partial interruption of rendering services related to replacement of equipment, software or conducting other works dictated by the need to maintain and develop hardware and software (upon condition that a user is prior informed);
— violation of equipment and software safety which is used by you to receive the services;
— the loss of confidential information or a part of it provided that it is not our fault;
— any kind of damage to the third parties through no fault of ours.

You are liable for:
— accuracy and correctness registration and payment details which you submit in the process of registration on the website or making an order;
— registration details use by third parties used to receive access to the Services;
— using of materials published on the website or provided in the course of rendering the Services for the purpose of further resale, distribution or delivery to third parties;
— violation of the conditions of service use;
— violation of payment conditions;
— interference to the website functioning and available services or attempt to receive the access bypassing our instructions.

Liability restriction

Our cumulative liability in respect of a suit or complaint is limited by the sum of purchased non-conforming service or provided behind the schedule.

In the event that we disregard the deadline of rendering services our liability is limited by:
— time extension to render the service, or
— rescheduling the service rendering until the complete fulfillment of our obligations.

Our workers and agent’s liability

In the event that our liability is limited and excluded, the same liability restrictions or exclusion are referred to our workers or agents.

15. LIABILITY FOR PUBLISHED MATERIALS AND CONTENT

Liability restriction for the content publishing

You are liable for the content and materials which you post on our websites or in chatrooms in the course of using the services of KIEV INTERNATIONAL PASTRY SCHOOL KICA. We are not liable for the content posted by you and do not review posted content.

Compliance with the law

By posting your personal content you are to abide by the legal requirements of the country of residence. Under no circumstances shall you post porn and sexually related content as well as the violent content related to sadism, discrimination, threats, and libel.

Your content shall not be injurious to third parties. It is referred to as property rights and personal non-property rights of third parties including the intellectual property (for instance copyrights, trademark rights). In particular, you are obliged not to violate the rights of third parties by posting comments/reviews, profile photos and any pictures which you post.

We have the right to delete or transfer any content posted by you at any moment, in the event we consider it to violate the rights of third parties or legal requirements.

In the event that you violate the indicated principles of posting the content, we have the right to sent you a written warning and suspend your account and rendering services or unilaterally terminate the contract.

Compensation of damage

In the event you violate the requirements of the Terms and Conditions, you are obliged to compensate for injuries we suffered settling the claims of third parties (whose rights you violated).
We reserve the right to file claims for damages and other requirements by way of recourse.

16. DURATION OF THE TERMS AND CONDITIONS

The terms and conditions are valid until they are changed or canceled by the company KIEV INTERNATIONAL PASTRY SCHOOL KICA. The termination (cancellation) of the Terms and Conditions herein does not influence any legal rights, obligations, and liability which were in force for you and the company KIEV INTERNATIONAL PASTRY SCHOOL KICA and occurred before the moment of the Terms and Conditions termination.

17. DURATION OF THE AGREEMENT

The Website use agreement (website materials) shall be considered to be concluded for an indefinite period and are effective until terminated by either you or us.
Service agreement concluded in connection with using free services, purchasing a prepaid package of services or reservation of participation in live events, shall remain in force until all obligations under this agreement have been fully completed by the parties.

18. TERMINATION OF THE SERVICE USE

You have the right to terminate the website use at any time at your discretion. To terminate the paid service use, inform us by contacting the customer services at one of the phone numbers indicated on the websites.

Please pay attention that after you refused the services (terminate the agreement), you lose access to all the purchased content and available services. In the event that at the moment of the agreement termination you are subscribed to receiving newsletters or you have the access to purchased package of services or the right to attend live events, any amount of money you paid in payment for the services of the company is not to be refunded including the cost of factually not used services.

We reserve the right to terminate the agreement with you without cause under the condition we sent you written notification not later than two (2) weeks before the termination date.

We may terminate the agreement concluded with you at any time if:

1 – you violated a provision of the Terms and Conditions (or did an act proving your unwillingness or incompetency to abide by the Terms and Conditions), or
2 – we are obliged to do this as may be required according to the law (for instance, if the service rendering is illegal and ceases to be legal), or
3 – the company KIEV INTERNATIONAL PASTRY SCHOOL KICA ceases to provide services on the territory of Ukraine
4 – rendering of the services comes to be unprofitable for the company KIEV INTERNATIONAL PASTRY SCHOOL KICA
If you interfere with the functioning of the website, servers and other computerised systems of KIEV INTERNATIONAL PASTRY SCHOOL KICA or violate the Terms and Conditions, or we suspect you, we may suspend or block completely your access to the website and services.

One-side agreement termination for compelling reasons

Each party has the right to terminate the agreement unilaterally for compelling reasons.
In particular, we have the right to disaffirm your account and terminate the Terms of service or decline your newsletter subscription immediately if you repeat violating the Conditions of the agreement and the General terms and conditions herein as well as in the event that you have debt in payment of services.

19. PERSONAL DATA

Pay attention that by using the website or services, filling in the registration boxes on the website, you agree and accept our Confidentiality policy and agree to collect and process your personal data under specified conditions. In the event that you do not agree, you are to cease to use the website.

We process your personal data according to our Confidentiality policy available on the website. These conditions regulate the collection, processing, using and protection of your personal data.

20. AMENDMENTS

We reserve the right, in our sole discretion, to change or add the General Terms and Conditions herein and post the corresponding notification on this page and the updated version of the General Terms and Conditions. It shall be highly recommended to review the page and the updated date indicated at the top of the page.

In the event of making amendments to the Supplementary terms and conditions, we shall publish the updated version of the supplementary terms and conditions directly on the page with the description of the product. Your use of the Website following updating version of these Terms of Use constitutes your assent to and acceptance of the revised Terms of Use.

You understand and agree that your use of the services after making amendments to the General or Supplementary terms and conditions is considered by us as acceptance by you the Terms and Conditions.
In the event you disagree with the updated version of the Terms and Conditions, we specifically reserve the right to one-side termination of the agreement in the procedure prescribed by law.

21. GENERAL LEGAL TERMS AND CONDITIONS

The General and Supplementary terms and conditions draw full legal agreement (service and website use agreement) between you and the company KIEV INTERNATIONAL PASTRY SCHOOL KICA, regulate the procedures for rendering services (with the exception of services rendered under the separate agreement if available) and fully replace all the previous agreements between you and the company KIEV INTERNATIONAL PASTRY SCHOOL KICA.

Validity of provisions

In the event of any discrepancies between the Supplementary terms and conditions and the General terms and conditions, provisions of the Supplementary terms and conditions related to the corresponding service shall prevail.

In the event that any judicial body, authorized to examine this issue, declares any of these provisions of these Terms invalid, then corresponding positions shall be excluded from the Terms, with the survival of other provisions of the Terms. The other provisions of the Terms remain valid and their abiding may be provided by judicial means.

Applicable law

The relationship of the parties is regulated by legislative provisions of Ukraine as well as the Convention on Contracts for the International Sale of Goods. As regards to the Consumer Protection Legislation, the law of the country of residence is applied.

22. CONSENT TO PHOTO AND VIDEO FILMING

By attending any offline events of KIEV INTERNATIONAL PASTRY SCHOOL KICA (seminars, offsite events, events, courses, classes), you consent to photo and video filming of the event with yourself as well as TV or radio broadcasting of the event.
You agree that we may use photo and video materials with you in photos and videos.

23. USER PERSONAL DATA AND CONSENT TO PERSONAL DATA PROCESING

To ensure the functioning of the Websites, to provide Users necessary support and reasonable assistance working with them as well as for the other purposes specified below, the Administration collects, stores, protects, processes and distributes the information about the Website Users (personal data of a user) in accordance with the procedures established hereafter.

User Personal Data shall be stored in the personal database of the Website Administration with the right to use it by the Website Administration until the cancellation upon the User request.

The Website Administration respects the privacy of everyone who became the User of the Website. By accepting this agreement, the User shall give consent to collect and use the information about a User according to the provisions of Ukrainian Law on Protection of personal data and the policy of the Website Administration on Protection personal data. In addition, the User gives consent to the Website Administration to collect, use, transfer, process and support the information related to the account with
the purpose of providing appropriate services.

The Website Administration is obliged to collect the personal information which the User provides voluntarily if it is needed to provide (improve) the services for a User.

The Website Administration collects the basic personal data such as first name, second name, patronymic, address and e-mail address as well as secondary (technical) data – cookies files, connection information, and system information.

In compliance with the Agreement herein personal data of a User include:
- default data received automatically via http-server while accessing the Websites (host IP address, requested recourse address, time, type and information about the browser which sent the request, type of operating system of a User, the page address from which the transition to the requested resource was made, etc.);
- data submitted by Users including, but not limited to the following: e-mail address (usernames) passwords, names, contact details;
- other information received or formed via access to the Websites through different tools including cookies use: statistics on Websites views, the record of the volume of the received and transmitter information;
- information received via using by the Website visitors their account in social media facebook.com, vk.com, odnoklassniki.ru, and others for online experiences (authorization, voting, etc.) – first name, second name, date of birth, e-mail address and the photo of a User, etc.

The Administration has the rights to require services from third parties to collect information about Website users with the help of cookies files for the purpose to improve the Websites and services.

The Administration shall use User personal data due to peculiarities of work activities – providing services via the Internet, and apply it for the following purposes:

- to support the Website functioning as the structural means to render services by publishing the Website advertising, commercial and other informational materials available for the public;
- to calculate the amount of payment for certain types of products and services;
- to search and analyze the reasons for possible malfunctions;
- to define and analyze the preferences and requests of Users via accessing the latter to different Website pages, and modify the offered services based on the analyses to meet the expectation and demands of the Users;
- to inform Users about services and Websites innovations;
- to provide Users with marketing and other offers;
- to settle the possible disputes and disagreements;
- to analyze the Website visiting statistics and evaluate the interest to the Websites;
- other purposes connected with improving the Website functioning.

The Administration shall use different tools to protect Users’ personal data from unauthorized access or information disclosure. And, and at the same time, the Administration does not warrant and is not liable for the action of third parties who performed illegal access to Users’ confidential information. The Administration reserve the right to use and disclose certain information from User personal data due to potential or factual conflict and judicial proceeding as in the case if it is necessary to protect the rights, privacy, and safety of other Users’ working pattern.

Access to User personal data is allowed as well as for:
- Bodies whose rights and obligations to access the corresponding information regulated by the law of Ukraine;
- Bodies and organizations which provide support of services of the Website in the volume necessary for the support of the kind.

User rights as a personal data subject. The user has the right:
- to receive the information on the Administration location as a holder/disposer of his/her personal data;
- to request the Website Administration to specify his/her personal data;
- to apply the means of legal defense in the event of a violation of the law on protection of personal data.

The User agrees with the fact that confidentiality transferred via the Internet is not guaranteed if the access to the data is received by the third parties beyond the area of technical communications.
The Website Administration is not liable for the damage caused by such access.

The Website Administration may use any information collected through the Websites for the purpose to improve the content of the Websites, to revise, to transfer the information to the User (upon requests) for marketing or research purposes as well as for other purposes compliant with the existing legislation of Ukraine.

24. SUPPLEMENTARY TERMS AND CONDITIONS

The Website Administration shall not accept counter-offers from Users regarding making the amendments to the Agreement herein.

Users' reviews posted on the Websites https://kica-world.com/, https://kica-online.com/, https://kica-online.com/ru/, https://kica-academy.com/, https://kica-academy.com/ru, https://eduplatform.ru.kica-academy.com, https://kicaacademy.getcourse.ru/, https://edu.fr.kica-academy.com/, https://edu.en.kica-academy.com/, https://edu.ar.kica-academy.com/ not be considered as confidential information and may be used by the Website Administration on an
unrestricted basis.

By agreeing to the terms of this Agreement, the User confirms that reviews concerning text and video of the User’s image on the sites https://kica-world.com/, https://kica-online.com/, https://kica-online.com/ru/, https://kica-academy.com/, https://kica-academy.com/ru, https://eduplatform.ru.kica-academy.com, https://kicaacademy.getcourse.ru/, https://edu.fr.kica-academy.com/, https://edu.en.kica-academy.com/, https://edu.ar.kica-academy.com/, or on any other web-resource or social network that are directly or indirectly linked to KIEV INTERNATIONAL PASTRY SCHOOL KICA, as well as photographs of the User’s work that were provided by the User as a part of their training program at the KIEV INTERNATIONAL PASTRY SCHOOL KICA, may be made publicly available and published on the Website, any web-resource and any social network for the purpose of informing others about their opinion about the service from KIEV INTERNATIONAL PASTRY SCHOOL KICA and their results.

Publishing or removing reviews will be at the sole discretion of KIEV INTERNATIONAL PASTRY SCHOOL KICA.

By accepting the Terms and Conditions of the Agreement herein, the User confirms and guarantees to the Website Administration the following:
The User shall provide true information about him/herself while creating the account in particular.

The User:
- has full knowledge of the Terms and Conditions of the Agreement (offer);
- has a full understanding of the subject of the Agreement herein (offer);
- has a full understanding of the consequences of his/her actions regarding the conclusion and fulfillment of the Agreement herein.

In the event that you are a company (for the sake of clarity “You” as applied to company in the Terms and Conditions herein shall stand for an organization), then a private individual by accepting the terms and conditions on behalf of your organization claims and guarantees that he/she is authorized to act on behalf of your name and possesses proper authority to accept the Terms and Conditions on behalf of your name.

25. INFORMATION ABOUT SERVICE PROVIDER

Individual entrepreneur Verbytska Tetyana
04211, Kyiv, Ukraine 3 Yordanska St., office 4
Tax Payer Id. Number 2894119181
Telephone number/Fax in Ukraine: +38 097 600 92 25
e-mail: info@kica-online.com