А. This Agreement (hereinafter referred to as the "Agreement" or "Offer") is an agreement of accession (offer) within the meaning of Articles 634 and 641 of the Civil Code of Ukraine. This is the agreement of the Ukrainian Institute for Personality Disorders Studies, which is the commercial name of the individual entrepreneur Oleksii Lemeshchuk (hereinafter referred to as the "Contractor"), for any individual or legal entity (hereinafter referred to as the "Customer") who accepts this offer under the terms and conditions specified below.

B. Full and unconditional acceptance by the Customer of the Contractor's offer to conclude this Agreement by joining it (Acceptance of the Offer) is considered the performance of one or more of the following actions:
1. Filling out the registration form to gain access to certain information materials on the Website (Participant's Questionnaire) and clicking the "Go to Payment" button.
2. Payment for information materials.

С. Upon payment for the Services, the Customer guarantees to have familiarized himself/herself with and accepts all the terms and conditions of the Agreement, as well as to have familiarized himself/herself with and agrees to the cost of the Services (the Rates) specified on the Contractor's Website.

D. The text of this Agreement is available at: https://pd.borderline.institute/oferta

E. If you disagree with this Agreement or with any of the provisions, we ask you not to take any actions aimed at its conclusion.

1.1. The words used in this agreement, if they are defined in the section "Terms and Definitions", shall be used in this meaning, unless otherwise defined next to such word. For the purpose of such interpretation, the capitalization of a word shall not matter (uppercase or lowercase).
1.2. For the purposes of this Agreement, the following terms and definitions shall have the following meanings:

·     "Agreement", "Offer" (used interchangeably) means this document, a public offer for the sale of the access rights to the Contractor's information materials placed on the Website or the Platform, which defines the rights and obligations of the parties, the procedure and terms of the Services, as well as all annexes and attachments thereto.

·     "Acceptance of the Offer", "Accession to the Agreement" (used interchangeably) mean full and unconditional acceptance by the Customer of the terms of this Offer, by the methods provided for in clause 3 of this Offer.

·     "Customer" is any legally capable individual who has declared a desire to receive services for providing access to information materials from the Contractor, as well as to receive information services of the Contractor, who has made Acceptance of the Offer.

·     "Contractor" is an individual entrepreneur Oleksii Lemeshchuk, taxpayer registration identification card number 2767410316, registered in accordance with the current legislation, who is the fully legitimate owner of the information materials placed on the Site and the Platform, which provides access to the information materials of the Site and the Platform via the Internet.

·     "Services", "Service" mean the provision of information materials placed on the Website or the Platform to the Customer via the information and telecommunication network "Internet" by granting the Customer access to the relevant sections of the Website or the Platform on the basis of payment of the Rate selected by the Customer, as well as the providing of additional information services.

·     "Site" means a collection of interconnected web pages united under one domain name, representing an organised collection of interconnected texts, graphic images, photos, videos, computer programs, other intellectual property owned by the Contractor, located at the domain name address: borderline.institute with any subdomain addresses belonging to this domain name.

·     "Information materials" mean any video, audio, graphic, text and other materials placed on the Website and the Platform, access to which is provided by the Contractor, as well as access to training events that take place online on video broadcasting services (for example, Zoom, Google Class).

·     "Course", "Online Course", "Educational Course", "Educational Programme", "Educational Module", "Tutorial", "Educational Event", "Training Event", "Workshop", "Training", "Online Training", "Programme", "Online Programme", "Master Class", "Webinar", "Recorded Webinar", "Seminar", "Recorded Seminar", "Recorded Educational Programme", etc. mean a collection of information materials, multimedia product, audiovisual work, their combinations posted on the Website and the Platform and formed into a logically and structurally complete programme in the form of interconnected video seminars, video lectures, articles, textual material, graphs, images, illustrations, tests, etc. It also means an educational or training event that takes place online on video broadcasting services, other types of broadcasting an educational or training event organised by the Contractor in real time mode or its recording. The specific type of information materials (recorded or online broadcast) is specified on the Website and the Customer has familiarised himself/herself with all the information necessary to make a decision before accepting the offer. All these terms are synonymous, and if either of them is used, all others are implied.

·     "Webinar", "Seminar", "Master Class", "Workshop", "Educational Module", "Training", "Course", "Educational Event", "Training Event" mean an educational or training event that takes place online on video broadcasting services, other types of broadcasting of an educational or training event organised by the Contractor in real time mode or its recording. All these terms are synonymous, and if either of them is used, all others are implied.

·     "Personal Account" means a set of secured pages on the Contractor's Website or the Platform created during the Customer's registration, enabling the Parties to interact and access information materials. Access to the Personal Account shall be provided by the Customer by entering the login and password submitted by the Contractor to the Customer's e-mail address upon the registration and within the terms provided for the granting of such access.

·     "Software" is a browser (Internet Explorer, FireFox, Google Chrome and others) for accessing information resources available on the Internet, other programs for processing information provided by the Contractor.

·     "Login" means a unique name of the Customer used by him/her on the Contractor's Website/Platform in order to access the Course.

·     "Password" is a combination of letters, numbers and symbols unique to the Customer, which allows to enter the Personal Account using it along with the Login and access information materials.

·     "Secured pages of the Website", "Secured pages of the Platform" are the pages of the Website or the Platform containing the materials of the Courses, accessible only after entering the Login and Password by the Customer.

·     "Application" means a questionnaire filled in by the Customer on the Contractor's Website, containing the Customer's personal data (Name, e-mail, phone number) and allowing further identification of the Customer, as well as providing the Customer with a password and instructions for access to the Course after registration and payment of the relevant rate.

·     "Rate", "Package Offer" mean an offer containing a complete list of terms and conditions of the Agreement: the period of the Customer's access to the information materials, the content of the information materials to which access is granted, the cost of providing access, and other material terms. A description of the available rates is provided on the Website.

·    "Platform" means the Customer's Personal Account placed on the Internet on the Contractor's resources (websites) with access through the Contractor's domain names provided to the Customer.

·     "Practical Assignment" means the tasks provided by the Contractor to the Customer during the Course for their independent completion, if provided for by the relevant Course, Training Event, etc. Hereby, the Customer acknowledges that the tasks performed by him/her will be publicly available to any third parties. If the Customer does not agree with this provision, he/she shall refuse to enter into this Agreement.

·     Mobile Platform means access to the Platform from mobile devices (if applicable).


1.3. Terms not defined in clause 1.2 may be used in this Offer. In this case, such term shall be interpreted in accordance with its legal meaning. If the term has no legal meaning, it shall be interpreted initially in accordance with the special meaning, and subsequently in accordance with the generally accepted meaning.

2.1. Under this Agreement, the Contractor shall grant the Customer access to the platform where the information materials (Courses or their individual modules) are placed and/or send the Customer in an any way all the necessary data for the Customer's access to the training event held online on video broadcasting services, as well as provide information support under the terms of the selected Rate and ensure the environment for communication with other participants (hereinafter referred to as the Services), and the Customer shall accept and pay for such access. The services are activated immediately after access to the platform where the information materials (courses or their individual modules) will be placed.

2.2. The scope, subject matter, and content of the information materials provided to the Customer depend on the Course and Rate chosen by the Customer. The description of the Courses and Rates is published on the Website.
       2.2.1.  Exceptionally in the event of force majeure, such as illness or death of the lecturer (tutor), etc. making it impossible to hold the courses or their individual modules, the Contractor has the right at his/her own discretion and unilaterally to:
a) postpone the date and time of the courses or their individual modules, while maintaining the program (topic) and the invited lecturer (tutor);
b) postpone the date and time of the courses or their individual modules, without changing the program (topic) of the courses and the other invited lecturer (tutor) of international level;
c) transfer participants to another equivalent course (program) with the participation of other lecturer (tutor) of international level.

2.2.2. Events of force majeure specified in clause 2.2.1. of this Agreement do not depend on the will of the Contractor and are not a ground for the Customer to terminate the Agreement unilaterally and refund the paid sums of money.

2.3. Information and other materials, in particular, audio and video recordings, written materials, provided to the Customer by the Contractor as part of the services under this Agreement, are provided exclusively for the Customer's personal use under a one-use non-exclusive licence (Article 1108 of the Civil Code of Ukraine), which means the right granted to the Customer for personal use of the Course, Website or Platform materials and the prohibition for the Customer on providing access to the Course to third parties and the prohibition on any other distribution to third parties. The fee for granting a one-use non-exclusive licence is included in the price of the Course. If the Customer allows the dissemination of this information, he/she shall be civilly liable to the Contractor for the damages caused by the fact of dissemination of the information in the form of a fine, and may also be subject to administrative or criminal liability in accordance with the current legislation on intellectual property. In this case, the Contractor shall have the right to withdraw the Customer's access to the Courses prematurely. The Customer acknowledges that all comments left by other participants on the Website, the Platform, the Mobile Platform constitute part of the Contractor's materials, and all provisions on intellectual property protection set forth in this Agreement shall be applied to them.

2.4. The Contractor has the right to change the scope of provided services, the cost, terms and conditions of this Offer without prior agreement with the Customer, ensuring that the amended terms and conditions are placed on the Contractor's website, as well as in a publicly accessible place for reviewing these documents, at least 1 (one) business day before they come into effect.

By continuing to use the Website and the Platform after the relevant changes come into force, the Customer shall agree to the new terms and conditions.

2.5. Acceptance of services under the Agreement shall be made without signing an act or other bilateral document.

2.6. The Customer shall process and study the information materials independently.

2.7. These services are not subject to licensing.

2.8. The Contractor shall ensure an environment for communication with other participants, exchange of experience and building partnerships by granting the Customer access to closed chats for the period of the Agreement in accordance with the selected rates (if provided for by the relevant Rate).

2.9. Information materials, educational or training events ("Course", "Online Course", "Educational Course", "Educational Program", "Tutorial", "Training", "Online Training", "Program", "Online Program", "Recorded Webinar", "Recorded Seminar", "Recorded Training Program", etc; "Webinar", "Seminar", "Master Class", "Workshop", "Educational Module", "Training", "Course") are public scientific events.

3.1. The Customer shall make Acceptance of the Offer by filling in the registration form (Participant's Questionnaire) indicating his/her personal data, including a valid e-mail address and clicking the "Go to payment" button.

3.2. Making Acceptance of the Offer, the Customer confirms hereby that the granting of the right of access to information materials under this Agreement fully corresponds to the Customer's ability to use the Services provided in this way.

3.3. The Customer undertakes to independently ensure the availability of software (operating system, browser, appropriate online video broadcasting service) on his/her personal computer, smartphone, tablet or other devices necessary to obtain access. The Contractor shall not be liable if the Customer cannot access the Course or its individual elements due to the Customer's lack of an Internet connection and the necessary computer/software, in particular, if the characteristics of the personal computer and other devices do not meet the minimal requirements of the Platform.

4.1. The Customer, based on the information contained on the Website, independently chooses the appropriate Course and the access rate from the available options. If you have additional questions and/or need to clarify the terms of access, the Customer has the right to contact the Contractor or its representatives using the contact details published on the Website (phone, e-mail, messengers) and receive comprehensive consultation on the terms of access to information materials. The Customer accepts the fact that the validity of access at the selected rate is valid upon payment and provision of the link (password) to access the Course/materials.

4.2. The Contractor shall provide access to information materials under the following conditions:

4.2.1. The Customer has sent his registration data, i.e. filled in the registration form (application) placed on the Contractor's Website. Filling in the specified form, the Customer agrees to the processing of personal data necessary for the performance of the Agreement, as well as accepts the Personal Data Processing Policy and the Data Processing Agreement placed on the Contractor's Website, and agrees, in particular, to the fact that the information provided by the Customer (namely, completion of practical tasks, commentary in the chat, feedback) will be publicly available to third parties. The Customer also grants the Contractor the right to place the photographs, audio and visual materials sent by him/her during the process of studying the information materials on the Contractor's resources as a portfolio for advertising the services provided by the Contractor.

4.2.2.    If the Customer agrees to the processing of personal data, therefore, he/she agrees to the Contractor's sending newsletters by e-mail, messengers, SMS, including calls to the mobile phone number specified by the Customer. The Customer can refuse such mailing by submitting a written application to the Contractor.

4.2.3.   The Customer has paid for access in accordance with the selected Rate and Course.

4.3. The access shall be provided to the Customer in the volume according to the chosen rate and payment made:

·     access to the recorded Course is granted to the Customer upon receipt of payment for the Course by sending instructions for registration and completion of the Course to the email address specified in the registration form. Unless otherwise stated by the Customer within one business day from the date of payment, access is deemed to be granted.
·     access to a planned online training event is granted no later than one hour before the start of the event, taking into account the provisions of clauses 2.2.1, 2.2.2 of this Offer Agreement.

4.4. The Services shall be considered provided after sending instructions for registration for the Course to the Contractor's email address indicated in the registration form.

4.5. The transfer of instructions for access to information materials or the training event in real time by the Contractor to the Customer shall be deemed to be the proper performance of this Agreement by the Contractor.

4.6. The period of the Customer's access to the information materials depends on the Course and Rate chosen by the Customer. The terms of providing access to information materials are specified in the description of the Rates and Courses on the Contractor's Website.

4.7. Any information, materials and/or consultations provided by the Contractor as part of the services under this Agreement shall not be considered as a guarantee. Decisions based on all information provided by the Contractor shall be the sole responsibility of the Customer. The Customer shall bear full responsibility and risks related to the use of information and materials provided by the Contractor as part of the performance of obligations under this Agreement.

5.1. The cost of providing access is indicated on the Contractor's Website.

5.2.    The cost can be changed and depends on:
·         the selected Rate (cost of the Course / duration of access);
·         individual discount of the Customer
·         the term of payment.

5.3. Payment for the Access Services Provision shall be made by the Customer in the form of advanced payment of 100% of the amount for the Services.

5.4. Payment under this Agreement shall be made in a non-cash form by bank transfer using Internet acquiring systems or other payment providers and systems for accepting payments via the Internet. Payment can be made by bank transfer to the current account of the Contractor.

5.5. The obligation for payment shall be deemed fulfilled from the date of receipt by the Contractor the amount of payment in full.

5.6. The Customer shall on his/her own control the change of the Contractor's details specified in this Offer and shall be responsible for the accuracy of payments made by him/her.

5.7. All payments under the Agreement shall be made in the currency of Ukraine. For advertising purposes, the Customer can indicate any other type of currency on the Website or in any other advertising materials.

5.8. Payment under this Agreement can be made by the Customer with credit funds through the conclusion of relevant agreements with banks and other credit organizations. If the Customer takes out a special-purpose loan to pay for access to information materials under this Agreement, the obligations to pay for access shall be deemed fulfilled from the date of transfer of the required amount of money to the Contractor's account by the credit institution.

5.9. In case of payment by bank card, the payment processing (including entering the card number) takes place on the secured page of the processing system. The Contractor does not have access to the Customer's confidential data (card details, registration data, etc.), their processing is fully protected and no one, including the Contractor, can obtain the Customer's personal and bank data. While working with card data, the information security standard developed by the international payment systems Visa and MasterCard - Payment Card Industry Data Security Standard (PCI DSS) is applied, which ensures the secure processing of the Holder's bank card details. The Contractor is not and cannot be responsible for the security of banking data, as he/she does not have access to it. Making transactions under the Agreement, the Parties accept that the data transmission technology used by payment systems guarantees security in transactions with bank cards by using the Secure Sockets Layer (SSL), Verified by Visa, Secure Code protocols and closed banking networks with the highest degree of protection. In case of payment by bank card, the refund is made to the card from which the payment was made.

5.10.  Payment under this Agreement is not subject to VAT, due to the use of the simplified taxation system by the Contractor.

6.1.    The amount of payment for access to the information materials shall be refunded if the Customer, before providing instructions on access to the Personal Account, has sent the Contractor an application for a refund of the payment amount.

6.2.    The Customer's refusal from the Agreement shall be made at the Customer's request in writing which is sent to the Contractor's e-mail.

6.3.    The fact that the software on the Customer's personal computer (laptop/smartphone/tablet) and its hardware do not allow viewing and studying the Course materials shall not be deemed a ground for refund.

6.4.    Refund or refusal to refund shall be made by the Contractor within 10 (ten) days from the date of receipt by the Contractor of the Customer's written request for a refund.

6.5.    The funds shall be returned to the account of the Customer used for payment or to the other account as agreed by the Parties. At the same time, the Customer is informed that the Contractor shall not refund the fees paid by the Customer to banks or other credit institutions, as these costs are the Customer's expenses that he/she shall bear independently.

6.6.    The funds shall be refunded after deduction of the Contractor's expenses, acquiring fees, taxes, etc. The amount of such expenses is usually 10% of the Course fee.

7.1.    The Contractor shall:

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

7.1.2. Provide the Customer with access to the Course in accordance with the Rate chosen by the Customer.

7.1.3. Provide information support to the Customer during the performance of practical tasks in the course of studying the information materials of the Course, if such support is provided for by the Rate chosen by the Customer.

7.1.4. Provide access to the general chat for those who take the Course, if it is specified by the Rate. Access to the chat is provided for the period defined on the Contractor's Website.

7.2.  The Contractor has the right to:

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

7.2.2. Add the Customer's email address and mobile phone number specified during registration to his/her newsletter list, messenger notifications, SMS, and callbacks to inform the Customer about the Contractor's new courses.

7.2.3. Suspend the provision of the Services under this Agreement in case of receipt of the Customer's refund request via the support service.

7.2.4. Engage third parties to provide the Services under the Agreement.

7.3. The Customer shall:

7.3.1. Comply with and ensure compliance with all the rules for obtaining the Services set forth by the Contractor in this Offer or placed on the Website, sent to the Customer to the email address specified in the Order, in particular the Rules of Customer Conduct during the Course.

7.3.2. Pay in full for the provision of access to information materials / Courses.

7.3.3. Not disseminate information materials received during the provision of the Services, as well as not record them on audio and/or video media. In case the Customer lets the specified information be disseminated, he/she shall be liable to the Contractor for the damage caused by the fact of dissemination of the information by paying a fine, as well as compensation of losses, including lost profits.

7.3.4. Ensure the protection of access to his/her Personal Account and not transfer the rights under this Agreement to third parties without the written consent of the Contractor. If the Customer reveals the facts of unauthorised access to his/her account, he/she shall notify the Contractor's support service of this fact as soon as possible by e-mail specified in Section 10 of the Agreement.

7.4. The Customer has the right to:

7.4.1. Receive services from the Contractor under the terms of this Agreement.

7.4.2. Refuse letters sent by the Contractor by clicking on the link specified in the email, as well as from informing by mobile phone by sending a written application to the Contractor's email address.

8.1.    This Offer enters into force from the moment the Customer accepts the Offer and is valid until the Parties fully fulfil their obligations, and in terms of protection of rights to copyright and related rights, other intellectual property objects is unlimited.

8.2.    The Customer agrees and acknowledges that making changes to the Offer entails changes to the Offer Agreement concluded and valid between the Customer and the Contractor, and these changes shall enter into force at the same time as such changes to the Offer.

8.3.    Continuing to use the Website or the Platform with the Course materials after the relevant changes come into force, the Customer agrees to the terms of this Agreement in the new version.

9.1.    The parties shall be liable for non-fulfilment or improper fulfilment of obligations under this Offer in accordance with the current legislation of Ukraine.

9.2.    The Customer shall be liable for violation of the copyright and related rights of the Contractor, stipulated by clauses 2.3., 7.3.3., 7.3.4., in the amount of UAH 20,000 (twenty thousand) for each fact of violation.

9.3.    All disputes and discrepancies that may arise out of or in connection with this Agreement shall be resolved through negotiations between the Parties. If it is impossible to reach an agreement through negotiations, the Parties shall apply to the court.

9.4.    Without contradicting the foregoing information, the Contractor shall be exempt from liability for breaching the terms of this Agreement if such a breach is caused by force majeure, including: actions of public authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, wars, strikes, civil conflicts, riots, illness or death of the lecturer, any other circumstances, not limited to the foregoing, which may lead to a breach of the terms of the Agreement, as well as computer network failures, fires, floods, earthquakes, etc.

9.5.    The Customer shall not be entitled to transfer his/her rights under the Agreement to third parties without the written permission of the Contractor.

9.6.    Any notifications related to the execution of the Agreement can be sent:

To the Customer: to e-mail and/or via messengers linked to the phone number specified during registration in the process of Acceptance of the Offer.

To the Contractor: to the e-mail address of the Contractor specified in Section 10 of the Agreement, from the e-mail address of the Customer specified by him during the Acceptance of the Offer.


9.7.    Payment under this Offer means acceptance of all the terms (clauses) of this Agreement, as well as confirmation of the fact that the Customer is fully informed about the services provided to him/her, their features, method of provision and cost.

9.8.    The Contractor shall not be liable for the impossibility of providing the Customer with information on access to the acquired Course if the Customer indicated an incorrect email address during registration.

9.9.    The Contractor shall not be liable for the Customer's impossibility to access the Course, to complete the program provided by the Course due to the lack of necessary technical means, specific features of the Internet connection, absence thereof or absence or incorrect operation of the software from the Customer's side.

Place of conclusion of the contract: Odesa city, Ukraine.

UKRAINIAN INSTITUTE FOR PERSONALITY DISORDERS STUDEIS

Individual entrepreneur Oleksii Lemeshchuk, taxpayer registration identification card number 2767410316
Legal address: 11 Svitlyi Lane, building 70, Odesa, 65062, Ukraine

Postal address of the Institute: 11 Svitlyi Lane, building 70, Odesa, 65062, Ukraine

Email: oleksii@borderline.institute

By concluding the Agreement, the Customer, in particular, shall:

1.   Make payment in accordance with the payment rules and terms of the Offer Agreement or the Rate chosen on the Contractor's Website (100% advance payment or payment by instalments)

2.  Provide reliable data regarding his/her identity necessary for:

a) getting access to the course and notifications in the course of studying the information materials,

b) receiving a service that is relevant to him/her and his/her goals

c) resolving disputes in a calm and quick manner when it is necessary to define the identity of the customer/payer of the course

3.  Activate access and process the provided information according to the schedule. If the Customer fails to fulfil this obligation, does not proceed with the course programme and the course is being completed, the Contractor shall not be liable for it.

4.  Comply with copyright and related rights (ensure confidentiality of access, do not distribute course materials on the Internet or in any other way).

5.  Not to violate the business reputation of the Course and the Contractor.

6.  Do not violate the rights of other participants who have access to the information materials:

a)     treat all other participants correctly and with respect while communicating in chats and during correspondence with the Contractor;

b)     not to send spam, not to distribute information that does not belong to the course, including advertising of third-party projects.

7.  Provide himself/herself with a proper Internet connection to study the Course materials, submit completed assignments, participate in Webinars, and communicate in chats.

8.  If any of these obligations is not fulfilled by the Customer, the Services shall be paid for in full, and no refunds shall be made. In this case, the Contractor shall not be liable for the Customer's impossibility to study or receive information provided for in the Course program.