PUBLIC OFFER

Natalia Vaulina’s International Online School of Pastry Art

AMUR CAKES

This Public Offer contains the terms and conditions of the Contract of Paid Services on remote training based on the author's “Beginner Pastry Chef” online course by Natalia Vaulina (hereinafter - the Contract).

PUBLIC OFFER

The City of Blagoveshchensk, Amur Region

Russian Federation

Revised on September 01, 2024

Citizen of the Russian Federation self-employed (professional income tax) Vaulina Natalia Sergeevna, Taxpayer Identification Number (INN) 282011392960 (hereinafter – the Contractor), in accordance with clause 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter – CC RF), with this Public Offer (hereinafter – the Offer) offers any natural person who has reached the age of majority to conclude a Contract of Paid Services on remote training using the author's “Beginner Pastry Chef” online course by Natalia Vaulina, either in full format or partially (hereinafter – services), on the terms and conditions specified in this Offer, by accepting it.

Acceptance of the Offer – full and unconditional acceptance of the terms of this Offer by paying the cost of services in full or partially, regardless of the amount of the first payment.

The person who makes acceptance of this offer becomes the Customer, and the Contract is deemed concluded on the conditions specified below and is subject to execution by the Customer and the Contractor (hereinafter – the Parties).

Complete information about the program of Natalia Vaulina's author's “Beginner Pastry Chef” online course and the terms and conditions of rendering the service are available in this Offer and on the website: https://amur-cakes.ru/ and https://amur-cakes.com/. The information is also available upon request in the chat of the Contractor's business account in WhatsApp Business: +79294796845.

The Customer confirms familiarization and unconditional agreement with the specified information and all terms of rendering the service, understanding of all terms and conditions of the Offer.

For all questions related to training, you can contact the support service: sales@amurcakes.com.

TERMS AND DEFINITIONS USED IN THE OFFER

Author – the author of the “Beginner Pastry Chef” online course Vaulina Natalia Sergeevna, as well as the authors of other results of intellectual activity who have granted the rights to their results of intellectual activity to the Contractor.

The Contractor – a citizen of the Russian Federation Vaulina Natalia Sergeevna, registered as self-employed (professional income tax) according to the established procedure in the territory of the Russian Federation, providing services through the Internet.

Customer – an individual who has concluded the Contract with the Contractor on the terms and conditions of the Offer.

Services – training based on Natalia Vaulina’s author's “Beginner Pastry Chef” online course aimed at meeting the personal needs of the Customer in obtaining knowledge about technologies, recipes, the process of making pastry at home, as well as developing skills and abilities of to make pastry in the volume provided by the Program of the online course, as posted on the website https://amur-cakes.ru/ and https://amur-cakes.com/ .

Online Course – Natalia Vaulina’s author's “Beginner Pastry Chef” training program consisting of 6 training modules (author – Natalia Sergeevna Vaulina, all rights reserved), which is a complex result of intellectual activity, including the title, the online course program, the materials of online course modules (tutorial videos, webinars, presentations, photos, handouts) and other legally protected results of intellectual activity, accessed by the Customer in the process of training according to the Online Course Program.

Online Course Program – structure and content of the Online Course. The Contractor has the right to modify the Online Course Program in order to improve the quality of rendered services. The Online Course Program is implemented in different variations:

- “FULL COURSE” with videos and product sheets;

- an individual module, read the conditions of purchasing individual modules on the website https://amur-cakes.ru/ и https://amur-cakes.com/.

- only a product sheet or a product sheet with a tutorial video, depending on the module. The conditions of purchasing product sheets and tutorial videos individually are described on the website https://amur-cakes.ru/ и https://amur-cakes.com/.

The information about training options is posted on the website: https://amur-cakes.ru/ и https://amur-cakes.com/. The Customer selects a training option at his/her discretion and pays for it according to the tariff established by the Contractor.

Tariffs – training options with an indication of their price and services they include.

Module – a section of the Online Course Program which corresponds to a specific topic and includes: tutorial videos (recordings), printed text (product sheets).

Information about the list of tools, equipment and specific ingredients recommended for the production of products can be found in the introductory lesson at: https://amur-cakes.ru/ and https://amur-cakes.com/. An individual will have access to the introductory lessons once the training application has been submitted, prior to payment of the training cost (before the acceptance). All tools, equipment and materials shall be purchased by the Customer on their own.

Training – the process of transferring knowledge organized by the Contractor, necessary for the formation of skills and abilities corresponding to the tariff selected by the Customer, using various forms of remote interaction between the Contractor and the Customer, by providing the Customer with self-instructional online course materials.

Website – a data set available for viewing on the Internet under the domain name (address, domain) https://amur-cakes.ru/ and https://amur-cakes.com/, as well as the subdomain pages it includes. The Site contains the Online Course Program, information about the tariffs, the terms (period) of providing services, as well as information on the Contractor and the procedure for providing services.

Platform (educational platform) – “GetCourse 2.0” computer program, on the website https://getcourse.ru/, by means of which the Customer is provided with access to the online course through his/her personal account.

Access – the Customer's right to view and otherwise use the online course materials posted on the Platform according to the selected tariff. Access to the purchased modules and tutorial videos of the Online Course Program is granted to the Customer to the full extent of the paid tariff within 24 hours and is retained for 6 months.

The time zone of the Contractor is Blagoveshchensk, Amur region (YAKT).

In case the Contract uses terms not defined in this section of the Contract, their interpretation shall be made in accordance with the text and meaning of the Contract and/or the legislation of the Russian Federation.

2. SUBJECT OF THE CONTRACT

2.1. The Contractor undertakes to render services on remote training based on the author's “Beginner Pastry Chef” online course by Natalia Vaulina with the purpose of obtaining additional knowledge in the field of pastry-making and formation of skills and abilities to independently apply the knowledge gained, in the volume provided by the tariff selected by the Customer, and the Customer undertakes to pay for the services rendered to him/her within the terms and according to the procedure specified in the Contract.

2.2. The content, list, cost of services (tariffs), terms and procedure of rendering services, the Online Course Program are specified in this Contract and/or on the Contractor's website https: https://amur-cakes.ru/ and https://amur-cakes.com/ and its subdomains.

2.3. Content of services:

provision of the Online Course Program materials and access to them in the Customer's personal account on the Platform (for all tariffs, in the volume corresponding to the tariff), and personal support on the Platform and in the online course chat room with the author and/or curator for six (6) months from the date of purchase;

transfer of rights to use the results of intellectual activity under a simple (non-exclusive) license to the extent provided for in this Contract;

2.4. The terms of providing services are 24 hours from the moment of purchasing the course (part of the course according to the tariff).

2.5. In the process of rendering the services notifications are sent to the Customer’s personal account on the Platform, to the contact e-mail and/or phone number. The Customer is obliged to check the receipt of these notifications from the Contractor on his/her own and in advance.

2.6. The online course is not professional training within the meaning of the Federal Law N 273-FZ dated December 29, 2012 “On Education in the Russian Federation”. The program of the online course does not provide for final certification, any qualifications awarded, issuance of documents on education and/or qualification in accordance with the state standards of training effective in the territory of the Russian Federation.

3. COST OF SERVICES AND PAYMENT PROCEDURE

3.1. The total cost of the services is determined by the tariff selected by the Customer as of the date of the Contract and is posted on the website https://amur-cakes.ru/ and https://amur-cakes.com/.

3.3. The Customer may be granted an installment plan for paying the cost of training. The installment plan is provided by a partner bank on the basis of an agreement concluded with the Customer or directly by the Contractor (internal installment plan) on the terms and conditions agreed upon by the Parties individually.

3.4. Payment for the cost of the Contractor's services shall be made in one of the following ways:

by completing an application and paying via the payment services used by the Contractor;

by a non-cash transfer to the Contractor’s settlement account using the link sent by the Contractor to the Customer's e-mail;

by other ways agreed beforehand with the Contractor.

3.5. The cost of services includes the cost of training according to the corresponding tariff. Fees collected by payment systems are not included in the cost of services and are the Contractor's expenses for the provision of services.

3.6. Payment for the service by the Customer is considered an unconditional acceptance of the offer, regardless of the amount of the prepayment received.

4. PROCEDURE AND TERMS OF PROVIDING SERVICES

4.1. To conclude the Contract, the Customer shall leave an application in the form available on the Platform at: https: https://amur-cakes.ru/ and https://amur-cakes.com/ or via the link received in the chat of the Contractor's business account in WhatsApp Business.

4.2. The Customer shall provide the following data to complete an application for the provision of services: last name, first name, contact e-mail address, contact phone number.

4.3. A person who has provided the information specified in clause

4.2 of the Contract is definitely identified by the Contractor as the Customer. Filling in the application form and paying for the cost of training (full or partial) by the person shall be sufficient confirmation of the validity of such person’s will to conclude the Contract, his/her legal capacity and capability, and the validity of the identification data specified by him/her.

4.4. The Contractor confirms the receipt of the application by sending an e-mail to the Customer's e-mail address specified by the Customer when submitting the application, with a link to the details and procedure of payment for the services.

4.5. After the payment is made, an e-mail is sent to the Customer's specified e-mail address, confirming the receipt of payment and containing a link to access the information in the personal account on the Platform. If the Customer does not receive the e-mail, he/she should contact the support service by the e-mail sales@amurcakes.com or in the chat of the Contractor's WhatsApp Business account: +79294796845.

4.7. The access to the Customer's personal account on the Platform requires entering a login and password.

4.8. By providing the e-mail address and contact phone number, the Customer confirms his/her consent to exchange electronic correspondence via open communication channels (Internet, e-mail, messengers, etc.). The Parties equate electronic correspondence to written correspondence.

4.9. The Customer shall be liable to third parties for all his/her actions related to his/her activities on the Platform. It is not allowed for the Customer to post photos on the Platform unless they are created by the Customer (including those borrowed from public sources).

4.11. Acceptance of the services provided is made by the Customer without signing a service acceptance certificate. If the Customer does not send a claim to the Contractor within 10 days from the date of expiry of the service provision term, the services shall be deemed accepted without any comments on their quality and amount.

RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Contractor undertakes to:

5.1.1. Provide services of proper quality, in full compliance with the Offer.

5.1.2. Provide information support to the Customer in the Customer's personal account on the Platform, or using the phone number or e-mail address specified by the Customer, as well as in the common group chat, from 10:00 to 20:00 in the time zone at the Contractor’s location (Russian Federation, Amur region, Blagoveshchensk (YAKT)), on business days/.

5.2. The Contractor is entitled to:

5.2.1. Engage third parties to render services without prior consent of the Customer.

5.2.2. Determine the procedure and format of providing the services.

5.2.3. In case the Contractor provides an internal installment plan, suspend the provision of services until the payment is received, by blocking access to the Customer's personal account.

5.3. The Customer undertakes to:

5.3.1. Pay for the services on the terms and conditions effective at the time of payment, including the terms and conditions of promos (special offers).

5.3.2. Read the information about the online course independently and in a timely manner, both before accepting the Offer and in the process of service provision, including the current edition of the Offer.

5.3.3. Observe the exclusive and copyright rights of the Contractor and other third parties (right holders).

5.3.4. Use all online course materials, without exception, for personal purposes, in the manner and by the methods specified in Section 7 of the Contract.

5.3.5. Not share the login and password to the Personal Account on the Platform, or otherwise allow third parties to use the online course materials. In case the Contractor discovers that the Customer's personal account is being used by several persons, the Contractor has the right to block the Customer's access to the online course materials without refunding the money paid earlier, as well as to charge the Customer the penalty provided by Section 8 of the Contract.

5.3.6. Follow the Contractor's recommendations for mastering the Online Course Program

5.3.7. Keep order and discipline during the training period, refrain from petulance to the Contractor and third parties on the Platform and in the chat room of the trainees, avoid distributing information which is prohibited for distribution in the Russian Federation. In case of violation of the terms of this clause, the Contractor has the right to suspend the provision of services, block the Customer's access to the online course materials, while the funds paid by the Customer for the online course shall not be refunded and shall be considered as a penalty payable to the Contractor in connection with the Customer's breach of the obligations undertaken.

5.3.8. In case of refusal to receive the service before getting access to the Platform and starting the online course, notify the Contractor according to the procedure provided by Section 6 of the Contract.

5.3.9. In case of waiving the services on any grounds, pay unilaterally for all the services provided, as well as reimburse all actual expenses of the Contractor, including all fees of payment systems charged when transferring funds to the Contractor’s account and from the Contractor's account to the Customer.

5.4. The Customer is entitled to:

5.4.1. Use the online course materials exclusively for personal purposes, subject to the restrictions and prohibitions established by this Contract.

5.4.2. Receive explanations on the content of the online course, receive full information about the provided service by the methods provided in the Contract, including on request.

6. EARLY TERMINATION OF THE CONTRACT

6.1. Provision of the Services by the Contractor may be suspended due to industrial necessity or due to preventive works on the Platform, as well as in cases established by the legislation of the Russian Federation, about which the Contractor shall notify the Customer by e-mail.

6.2. In case of impossibility of performance due to the Customer's fault, the services shall be paid in full in accordance with clause 2 of Article 781 of the Civil Code of the Russian Federation.

6.3. The Customer has the right to withdraw from the Contract within 24 hours from the moment of payment by sending an application for refund to the Contractor's e-mail address sales@amurcakes.com from the Customer's e-mail address specified in the application.

6.4. The refund application is deemed duly executed if it contains:

the Customer ‘s last name, first name, patronymic;

passport data, contact phone number, e-mail address;

the reason for the refund and bank details for money transfer (if they differ from those to which the payment was made for a good reason).

The application must be handwritten and signed by the Customer (or EDS). A scan copy of the application or its photo shall be sent to the Contractor in a quality that ensures that the content can be read.

6.5. In all cases, the refund is made after deduction of the cost of the services actually rendered by the Contractor by the time of receiving a properly executed application, as well as the expenses incurred by the Contractor, including all fees of the payment system.

6.6. The cost of services actually rendered is determined by the number and cost of modules and tutorial videos, the access to which is granted on the Platform at the moment when the refund application is received, regardless of their opening by the Customer.

6.7. In case the Customer has initiated a bank installment from a partner bank, the refund is made in the amount actually received by the Contractor from the credit organization, as well as the expenses incurred by the Contractor. In case the Customer initiates an internal installment plan provided by the Contractor, the Customer shall be obliged to pay the Contractor for all services rendered and expenses incurred.

6.8. The refund application shall be considered, and the refund within the limits stipulated in cl. 6.5 of the Contract shall be made by the Contractor within ten (10) working days from the date of receipt of the refund application, of which the Customer shall be notified by a message sent to his/her e-mail address.

6.9. The refund shall be made to the same details used to receive the payment, to the person who is the Customer, or to the details specified in the application.

6.11. In case of any refunds (or other payments) from the Contractor to the Customer, the Contractor shall not bear any expenses for fulfillment of these obligations related to refunds and other payments (on the basis of Art. 309.2 of the CC RF). All such expenses are made at the expense of the Customer. At the same time, the Contractor, when making such payments to the Customer, shall offset the same-type counter claims to the Customer for the amount of such expenses (in accordance with Article 410 of the CC RF), and reduce the amount of payments by the amount of such expenses.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. All materials provided by the Contractor in the process of rendering services to the Customer are the result of intellectual activity and are provided only for the Customer’s personal use.

7.2. The copyright rights for the “Beginner Pastry Chef” online course belong to the author – Natalia Sergeyevna Vaulina. Such copyright rights as the right of authorship, the right to name, the right of integrity of the work, arise from the moment of creation of the course and are valid indefinitely.

7.3. The Contractor is the right holder of the website, webinars, online course as composite works. No content of these results of intellectual activity can be published, reproduced, reworked, distributed, transferred to third parties or used in any other way in part or in full without a separate written consent of the Contractor, except as provided for in this Contract.

7.4. The Customer is granted the rights to use the online course materials and bonus materials (tutorial video recordings, workshops, product sheets and other handouts), for personal purposes, on the territory of the entire world, during the period when access is provided to them on the Platform, as determined by the paid tariff and in the amount specified in this section of the Contract. The Rights shall be deemed granted to the Customer from the moment the corresponding module and/or tutorial video of the Online Course Program is opened.

7.5. All intellectual property items included in the online course may be used by the Customer in the following ways: familiarization (viewing, reading, listening depending on the content type) and reproduction exclusively for personal, non-commercial purposes. Handouts for the online course modules and bonus materials (product sheets, checklists and other materials) may also be used in the following ways: downloaded to digital media, stored, printed for personal use.

7.6. The Customer may not copy any audio and video materials of the online course in whole or in part, take photos, audio and/or video recordings of tutorial videos and webinars. The Customer may not replicate the handouts, provide them to third parties or to an indefinite number of persons, including posting them on the Internet, reworking them in any way (including extracting recipes from the product sheets). In case of violation of the above prohibitions and restrictions, the Contractor shall have the right to block the Customer's access to the online course and require the Customer to pay a fine to the Contractor in the amount stipulated in clause 8.11 of the Contract.

7.7. The Customer has no right to transfer the credentials to the personal account for receiving services to third parties, as well as for receiving services jointly with third parties. In case of violation of this clause, the Contractor has the right to block the Customer's access to the course and demand from the Customer to pay a fine to the Contractor in the amount stipulated in clause 8.11 of the Contract.

7.8. No refund shall be made in case of violation by the Customer of the conditions stipulated in this section of the Contract. The money retained shall be recognized by the Parties as a penalty for the Customer's actions.

7.9. By placing texts, photos, reviews and other information on the Platform, the Customer grants the Contractor the right to publicly display, rework, reproduce, make them available to the public without limitation of the territory and terms, without paying any remuneration.

8. LIABILITY OF THE PARTIES

8.1. In cases of non-fulfillment or improper fulfillment of their obligations under the Contract, the Parties shall be liable in accordance with the legislation of the Russian Federation, taking into account the terms and conditions of this Contract.

8.2. The Customer undertakes to provide reliable data when completing an application. The Contractor does not check the validity of the data provided and assumes that all information provided by the Customer is true.

8.3. The Contractor shall not be liable for the discrepancy between the services provided and the Customer's expectations and/or for the Customer's subjective assessment. Such a discrepancy and/or negative subjective assessment shall not be grounds for considering the services to be rendered poorly or not to the extent agreed.

8.4 Provision of access to the online course materials on the Platform within the period stipulated by the Contract is a proper fulfillment of this Contract in full by the Contractor. The Customer's failure to use the access to the online course materials, failure to fulfill (late fulfillment of homework assignments) shall not be grounds for reducing the cost of the service under this Contract.

8.5. If the Customer, for reasons beyond the Contractor’s control, failed to use the services or notify the Contractor about his/her desire to waive the services according to the procedure provided for by the Contract before the beginning of their rendering, as well as in the process of rendering the services, the services are considered to have been rendered properly and the money paid to the Contractor is not subject to refund.

8.6. All services of the website on the Platform are provided “as is”. The Contractor does not guarantee the availability of the website at any moment, is not responsible for the commercial suitability of the website, does not guarantee the compliance of the website with any special requirements of the Customer or the possibility to customize website sections in accordance with the Customer's preferences. The Contractor also does not guarantee that the software of the website is completely free from defects and errors and shall function seamlessly and without fail.

8.7. The Parties shall be released from liability for full or partial non-fulfillment of obligations stipulated by this Offer, if such non-fulfillment was caused by acts of God which arose after concluding the Contract, as a result of events of extraordinary nature, which the Parties could neither foresee nor prevent by reasonable measures (force majeure).

8.8. The Customer shall be liable to third parties for all his/her actions related to his/her activities on the Platform, including for violation of copyright rights of third parties when posting photo reports of homework assignments. The Customer is not allowed to post photos on the Platform unless they are created by the Customer (including those borrowed from public sources).

8.9. The Customer assumes full responsibility for the use of information and materials of the online course provided by the Contractor under this Contract. Violation of copyright and intellectual property rights by the Customer entails civil, administrative, and criminal liability.

8.10. In case that the Customer is found to violate the Contractor’s exclusive and copyright rights specified in Section 7 of this Contract, as well as the rights of third parties, the Contractor is entitled to refuse to perform and terminate the Contract unilaterally without refunding the payment, to collect a fine from the Customer in the amount stipulated by the Contract, to use other methods of protection provided for by the legislation of the Russian Federation.

8.11. If the Customer uses the intellectual property included in the online course in violation of the prohibitions and restrictions set forth in clauses 7.6 - 7.7 of the Contract, it shall entail a fine in the amount of twice the full price of the online course at the time of the violation according to the tariff selected by the Customer, for each fact of unauthorized use of the intellectual property, as well as compensation for losses caused to the Rights Holder by such Use.

8.12. If the Customer has posted (transferred) or facilitated the posting (transfer) by third parties of the online course or its parts, as well as bonus materials of other authors, access to which was provided by the Contractor, on websites illegally offering copyrighted products without the consent of the authors or other rights holders (whip-rounds and leaks), the Customer shall be charged a fine in the amount of 500,000 rubles.

9. FINAL PROVISIONS

9.1. The Contract is valid from the moment of its signing by the Parties until the Parties fulfill their obligations in full.

9.2. All disputes and disagreements arising in connection with the fulfillment of this Contract shall be settled by the Parties through negotiations.

9.3. In case of failure to reach an agreement between the Parties, all disputes shall be considered in court, in accordance with the legislation of the Russian Federation, at the Contractor’s location.

9.4. The Contractor has the right to make changes and additions to this Offer at any time, at her own discretion, as well as to other documents posted on the Internet in connection with the provision of the services, without notifying and informing the Customer about it, except for the conditions on the cost of the service for a particular Customer after the payment. The terms and conditions changed by the Contractor come into force from the date when they are posted on the web at https://amur-cakes.ru/ and https://amur-cakes.com/, unless another term is specified by the Contractor when posting.

9.5 The issues of the Customer's personal data processing before the conclusion of the Contract are regulated by the Policy related to processing of personal data posted on the Contractor's website. After the conclusion, the issues of personal data processing are regulated by the Contractor’s Policy on processing of personal data posted on the Platform: https://amur-cakes.ru/ and https://amur-cakes.com/.

9.6. The Customer expresses his/her consent to the processing of personal data provided by him/her for the purposes of conclusion and execution of the Contract, to receiving information to his/her e-mail about all the activities conducted by the Contractor within the framework of the online course and their conditions, during the term of validity of the Contract. The Customer has the right to cancel the mailout at any time by notifying the Contractor in a letter sent to: natalia.vaulina-1984@mail.ru. In case the Customer refuses to receive the mailout, he/she is deprived of the opportunity to receive up-to-date information about changes in the process of rendering services. In this case, the responsibility for non-receipt of information shall be imposed on the Customer.

9.7 Electronic correspondence (using e-mail or messengers) is the primary way of information exchange between the Parties for quick solution of issues arising in the course of the Contract execution. Any incoming and outgoing electronic messages sent according to the rules below have the status of legally significant electronic correspondence: on behalf of the Contractor – from the address: natalia.vaulina-1984@mail.ru, on behalf of the Customer – from the e-mail address and/or phone number specified when completing the training application form. Correspondence through the above communication channels has the force of a simple electronic signature and is equivalent to paper documents with personal signatures of the Parties.

9.8. The online course program, the Contractor's tariffs and other documents and information posted on the Contractor's website, as well as the Customer's application for training, are an integral part of this Contract.

9.9. In everything else, if not provided for by this Contract, the Parties shall be guided by the current legislation of the Russian Federation.

9.10. The Customer confirms that before concluding the Contract (accepting this Offer) he/she has received all necessary information from the Contractor concerning the terms, procedure and other conditions of services in full, all terms of this Contract are clear to him/her, and he/she accepts them unconditionally and in full.

Contractor

Citizen of the Russian Federation Vaulina Natalia Sergeevna, self-employed (professional income tax)

Taxpayer Identification Number (INN): 282011392960

Beneficiary: VAULINA NATALIA SERGEEVNA

Beneficiary personal account No.: 40817810800058700209

Settlement account: 40817810100007100000,

Correspondent account: 30101810300000000765

Bank: “Asian-Pacific Bank” (JSC)

BIC: 041012765, Taxpayer Identification Number (INN)/Tax Registration Reason Code (KPP): 2801023444/280101001

Apartment 27, 10 Institutskaya street, Blagoveshchensk, Amur Region, 675028 Russian Federation

E-mail: natalia.vaulina-1984@mail.ru