Public offer agreement
Public offer (contract for the provision of distance learning services)
Herceg Novi, 22 August 2022
INEGO-FORT D.O.O. (further — "KIDCOIN"), registered under the legislation of Montenegro, PIB 03009386, publishes this Contract for the provision of Distance Learning Services (further — "Services" or "Service"). This Agreement is a public Agreement, an offer addressed to any person who has access to an Internet resource www.kidcoin.io (further — «Website») and services provided through the Website (further — "User"). Terms of placement of Courses on the Platform – conditions, defining the rights and obligations of the Instructor (User) in the relationship with KIDCOIN regarding the placement of Courses on the Platform.
1. Acceptance and Subject of the Contract
1.1. The use of the service by the User is governed by this Agreement, which are a legally binding agreement between the User and KIDCOIN. The subject of this Agreement is the User's use of the Site and providing the User with distance learning services. KIDCOIN provides access to distance learning, subject to payment by the User.
1.1.1. Agent – a person acting as an agent or subagent under an agency agreement, as it is defined by the legislation of Montenegro, on behalf of and at the expense of the Instructor.
1.1.2. Instructor – A User who has all rights to the Course and provides a service for accessing the Course, for a fee, through the placement of the Course on the Website. The Instructor cannot be a User under the age of 18. The Instructor hereby confirms that he has reached the age of 18.
1.1.3. Course – video or other materials posted by Instructors, in the amount of one or more, united by a single theme.
1.1.4. Corporate Client – A User who uses the Platform and/or purchases Courses for corporate or other purposes not related to the private use of the Platform and/or Courses.
1.1.5. Marketing Promotions KIDCOIN – all currently existing marketing campaigns KIDCOIN, measures taken to increase the attractiveness of Courses, the popularity of the Platform, in order to promote the Platform and sell Courses to Users, as well as any of their development or other new marketing campaigns that will be accepted KIDCOIN regarding the Platform and/or Courses (all or some of them)/
1.1.6. Partner Promotions KIDCOIN are all currently existing Agent cooperation agreements with third-party portals («Partner Portals»), measures taken to increase the attractiveness of Courses, the popularity of the Platform, in order to promote the Platform and sell Courses to Users.
1.1.7. Platform – the structure and user interface of the Site, services and functions provided, including website design, digital platform points (kidcoins), blockchain technology, its individual elements and other graphic images, the system of access and location of Courses on the Site, operated by the corresponding computer programs, used for the operation of the Site. Courses posted by third parties, Instructors, do not apply to the Platform.
1.1.8. User's Personal Data – personal information, which the user provides about himself/herself during registration (creating an account) on the Website or while using the Platform (any of its services and functions), including User's personal data, as well as data that is automatically transmitted to the Platform/Site Administrator in the process of its use by the User, including the IP address, information from cookie etc.
1.1.9. User – a person who provides access to the Platform and the Site in accordance with this Agreement. The user confirms that he has full legal capacity in accordance with applicable law. If the legal capacity is limited, then the User confirms and recognizes, that I have received all the consents as required by law to exercise rights and fulfill obligations under the Agreement.
1.2. The provisions of this Agreement, as well as other rules, conditions and requirements posted on the Website, determine the order of use of the Site and services as well as determine the rights and obligations of the User and KIDCOIN. All such terms, conditions and requirements are deemed to be incorporated into this Agreement by reference and are an integral part of it.
1.3. When the User pays for the service offered on the Site and/or uses the service or its individual functions, The User is considered to have accepted this Agreement in full without any reservations and exceptions (User acceptance). If the User does not agree with any of the provisions of this Agreement, The User does not have the right to use the Service.
1.4. This Agreement comes into force from the moment the User expresses consent to its terms in the following manner, provided for in clause 1.3 of the Contract. After its entry into force, the Contract may be amended KIDCOIN without any special notice, the new version of the Agreement comes into force from the moment it is posted on the Website, and it is valid from the moment of such placement unless otherwise provided by such a new version of the Agreement.
1.5. By accepting this Agreement, the User is deemed to be notified that KIDCOIN is a resident of the Montenegro and in its activities is guided by the legislation of the country Montenegro. The applicable law under this Offer Agreement is the law and legislation of the country Montenegro. In accordance with the legislation of Montenegro, the Agreement is a public offer (offer) The Site Administrator to the address of an unlimited number of persons, Internet users.
2. Rights and obligations of the parties
2.1. KIDCOIN undertakes:
2.1.1 To provide services to the User in a proper manner within the time limits agreed by the Parties in accordance with the terms of this Agreement.
2.1.2. Do not disclose confidential information and data, provided by the User in connection with the execution of this Agreement, not to disclose or disclose such facts or such information (other than publicly available information or information provided by the User when registering on the Site) to any third party without the User's prior written consent.
2.1.3. In accordance with the terms of the Agreement KIDCOIN provides the User with:
(А) access to the Site/The Platform and its individual elements, services and functions;
(B) access (for a fee or free of charge) to Instructor Courses, acting as their Agent;
(C) the right to act as an Instructor on the Website by posting Courses. At the same time KIDCOIN acts as an Agent of the Instructor for the provision of services according to the access of other Users to the Courses and receives an Agent's remuneration from the Instructor for these actions (in case of paid access) in accordance with the Terms of placement of Courses on the Platforme.
(D) possibility to order Additional services for Corporate clients (for Users who are Corporate clients).
2.2. KIDCOIN has the right:
2.2.1. Use the services of any individuals and legal entities, for the purpose of timely and high-quality fulfillment of obligations under the Contract.
2.2.2. Require the User to pay the cost of Services in a timely manner in accordance with the terms of this Agreement.
2.2.3. KIDCOIN has the right to record audio-video classes in order to control and improve the quality of training.
2.2.4. Use email address, phone number, login Skype, Zoom and other data that the User provided when registering on the Site to send information and promotional materials to the User, в том числе in order to inform the User about the activities of KIDCOIN and the progress of the Contract. By registering on the Website and/or using KIDCOIN services, the User consents to processing his personal data KIDCOIN or attracted KIDCOIN by third parties for the purposes of fulfilling the terms of this Agreement.
2.2.5. To refuse to provide and extend services to the User without explaining the reasons for the refusal.
2.2.6. To carry out the current management of the Site and Platform including to make a decision on the list of Courses and their topics, the presence of advertising on the Site, participation in the programs of partner sites, changing the design, user interface, etc.
2.2.7 At its discretion, delete any information posted by the User on the Site, in particular, if such information contradicts the current legislation of Montenegro or does not comply with the Site Administrator's policy.
2.2.8 Restrict or terminate the User's access to the Site or its individual sections up to the deletion of the User's account (account) at its discretion, в частности, if the User commits actions that violate the legislation of Montenegro or other applicable legislation, the terms of the Agreement or the commission of actions contrary to the principles of humanity and morality.
2.2.9 Set restrictions on the use of the Site/Platforms for all Users or for individual categories (depending on the place of stay, language, etc).
2.2.10. Determine and establish a list of additional services that the Site Administrator or other persons have the right to provide to Users on a paid basis through the Website/Platform.
2.2.11. To use technology of cookies in order to automatically authorize the User on the Site.
2.2.12. Send the User information, including advertising about the Courses offered and other informational messages.
2.2.13. Identify and store information about the User's IP addresses for the purpose of collecting statistical data and identifying him.
2.2.14 Do not provide access to Courses and other information on the Site, if the posted information is not intended for the User on the basis of applicable legislation.
2.3. The User undertakes to:
2.3.1. To Provide KIDCOIN all information and data requested on the Website or directly by KIDCOIN, necessary for the provision of services.
2.3.2. Not to disclose confidential information and other data provided by KIDCOIN in connection with the execution of this Agreement, not to disclose or disclose such facts or information (other than publicly available information) to any third party without KIDCOIN's prior written consent.
2.3.3. To use the Platform's features and services, register on the Site in accordance with the instructions of the Site Administrator by creating an account (account). To register, the User undertakes to provide reliable and complete information about himself on the following issues proposed in the registration form, and keep this information up to date. If the User provides incorrect information or the Site Administrator has reason to believe that the information provided by the User is incomplete or unreliable, then the Site Administrator has the right to block or restrict the User's access at his discretion access to the Platform and refuse the User to use the Platform (its services or individual functions). The Site Administrator reserves the right to require the User to confirm the data at any time specified during registration, and request supporting documents in this regard (in particular, identity and status documents (passport, etc.)). The user is responsible for the security of the account (account) and also for everything that will be done on the Platform under the User's account (account). The User is obliged to notify immediately KIDCOIN about any case of unauthorized access to his account (account). KIDCOIN is not responsible for possible loss or damage of data and information, as well as other expenses and losses that may occur due to the User's violation of the provisions of this paragraph of Agreement.
2.3.4. Use access to the Courses exclusively for personal purposes (non-commercial use).
2.3.5. Do not reproduce, distribute, or process the Platform for commercial or non-commercial purposes or its individual elements in the absence of permission KIDCOIN to perform these actions.
2.3.6. Do not perform the following actions with respect to Courses or other content on the Site: do not reproduce Courses, except for reproduction for personal purposes on a personal personal device, not to distribute Courses, not to carry out their public display and public performance, not to broadcast by cable or make it publicly available on the Internet and also not to carry out other actions without the permission of the copyright holders. User's failure to comply with the provisions 2.3.1. - 2.3.6 The Agreement is a violation of copyright law and the basis to bring to criminal, administrative or civil liability.
2.3.7. Indicate reliable information when using the Website, Platform and when posting Courses.
2.4. The User has the right to:
2.1. Get access to the Platform and Courses in accordance with the terms of the Agreement.
2.2. Get access to Courses on a paid and paid basis
2.3. Receive bonus digital points (kidcoins) of the Platform's loyalty program KIDCOIN.
2.3. Receive a certificate, confirmed with the help of blockchain technology, that the User has attended the Course if the receipt of such a certificate is provided by KIDCOIN, by an Instructor or other organization. Unless otherwise specified, under the certificate, by virtue of this article an internal document issued by KIDCOIN is understood by an Instructor or other organization not related to state certification or attestation.
3. Terms of paid use of Courses
3.1 Use of Courses and/or services/functions of the Platform, access to which is carried out on a paid basis carried out by the User on the terms specified on the Website (in relation to a specific Course – on the corresponding Website page containing the subject, conditions and fees for using the Course, which are mandatory for the User in his relationship with the Instructor) and also in accordance with the provisions of this Agreement.
3.3 In relation to Courses that are accessed on a paid basis, the User makes a payment in accordance with the terms and the method specified on the Website. All payment costs (fees and expenses of banks, payment systems and payer terminals) are borne by the User. In case of payment for access to Debit Card Rates or by the User's credit card or using other electronic payment methods the User is responsible for the legality and validity of such payment.
3.4 Unless otherwise stated on the Website, the cost of access to the Course includes the cost of access for only one person. Access to the Course is considered realized by the User from the moment of payment of the Course fee subject to: (i) any one-time use of the Course (part thereof) By the user through his account (account) (including partial viewing/listening or otherwise) or (ii) the expiration of 1 (one) day from the date of granting the User Access to the Course. Access to the Course is retained by the User(s) for 1 months from the date of Access to the Course ("Term of Access to the Course"). The extension of the period of Access to the Course is carried out for an additional fee. In case of termination of this Agreement due to circumstances, related to the User (including, violation by him of any obligation from the Agreement or the User's deletion of their account (account) or the stated refusal of access to the Course after the moment of realization of such access (as indicated above)) the User's expenses, including the payment for Courses posted on a reimbursable basis, are not reimbursable.
3.5. Refusal of purchase and refund of funds.
The User has the right to cancel the purchased Course, by sending a corresponding application to the e-mail address: email@example.com, and demand a refund of all funds paid for such a Course and the Platform is obliged to return them to the User, in case:
- if for technical reasons that the Platform is responsible for, the User has not used/implemented the Course and does not have such an opportunity at the time of submitting the application for more than 5 (five) consecutive working days;
- lack of use/ implementation of the Course by the User due to circumstances beyond the control of the Platform (in this case, the User has the right to cancel the Course within 1 (one) day from the date of full payment of the Course).
In his application for cancellation of the Course, the User must also specify the necessary details for a refund.
3.6. Instructor through an Agent (KIDCOIN) has the right to unilaterally change the cost and conditions of access to Courses by posting relevant information on the Website. The change in the terms of the price and the period of access does not apply to the Courses paid by the User.
3.7. Paid access to Courses for which access was restricted and/or terminated by the decision of the Instructor or KIDCOIN in accordance with this Agreement (including in case of deletion of the Instructor's account) («Closed Courses»), It is carried out for Users who have acquired paid access to such a Closed Course before the expiration of the Access Period to the Course. If access to a Closed Course cannot be granted due to requirements according to the applicable legislation and/or the Agreement, access to such Closed Courses is terminated immediately, in this case, the Instructor is responsible to the User for the termination of such access to the Closed Course. For the avoidance of doubt, KIDCOIN does not answer to the User and does not reimburse the cost of the Closed Course. At the same time, KIDCOIN, in accordance with the wishes of the User, will provide such a User with free access to any other Course, placed on a paid basis, provided that the cost of such a Course does not exceed the remuneration (cost) that was actually paid by the User for the Closed Course (minus the User's fees and expenses for making the payment).
3.8. Users have the right to pay with digital points when paying for access to Courses received as a result of the purchase of gift certificates, as well as bonus points received by Users for performing actions determined by the Site Administrator. The procedure and terms of payment for Courses in this case are determined by the current programs and promotions, as indicated on the Website.
4 Personal data processing conditions
4.1 By entering into the Agreement, the User expresses his consentе KIDCOIN (as well as its affiliated persons) for the processing of the User's Personal Data, the purpose of which is to ensure the use of the Site and the Platform (any of its services and functions), access to Courses and granting rights to use additional functionality of the Site/Platforms, including identification of the User and communication with him, conducting advertising campaigns, conducting statistical research and analysis of the received statistical data, performing other actions described in the Agreement.
4.2 The User agrees to transfer the User's Personal Data to third parties including for the purposes of their processing, to ensure the functioning of the Site and Platform (any of its services and functions), the implementation of partner and other programs of the Platform, as part of the sale and/or other transfer of rights and obligations under the Agreement and/or business (in whole or in part) subject to the provision of KIDCOIN with respect to the transmitted data from the recipient of such data, the regime similar to the regime existing under this Agreement. The transfer of the User's Personal Data is also allowed in the following cases provided for by applicable law, as well as in order to ensure the possibility of protecting rights and legitimate interests KIDCOIN or third parties in cases where the User violates the Agreement.
4.3 With respect to the User's personal information, its confidentiality is maintained, except in cases where the User voluntarily provides information about himself for general access on the Site.
4.4 The processing of the User's Personal Data is carried out within the period from the moment of User registration (account creation)) in accordance with KIDCOIN's internal regulations, taking into account the applicable legislation. After deleting the User's account (account) KIDCOIN has the right to store and process the User's Personal Data for their analysis for fraud against third parties and compliance with other legal requirements in accordance with applicable law.
4.5 The User agrees that in the process of processing the User's Personal Data KIDCOIN has the right to perform the following actions with the data: collection, systematization, accumulation, storage, use destruction and other necessary actions for the purpose of execution of the Agreement.
6 Responsibility of the Parties
6.1 When choosing Courses, the User must be guided by the current legislation and good faith. If the User finds that the content of the Courses or the conditions for granting access to the Courses contradicts the current legislation, the principles of humanity and morality he is obliged to notify KIDCOIN about this.
6.2 Providing access to Instructor Courses, KIDCOIN Acts as an Instructor's Agent. KIDCOIN is not responsible for the content and quality of the Courses as well as other content and materials posted by third parties on the Site. Claims and requirements regarding the Courses should be sent to the Instructors to the creators and holders of the rights to these Courses. The order of information exchange between the Instructor and the User is determined by and is brought to the attention of the User on the Site.
6.3 KIDCOIN does not deal with conflict resolution between Users and Instructors however, it has the right to contribute to the resolution of such disputes.
6.4 KIDCOIN is not responsible for the quality of access to the Platform or Courses. Courses, services and functions of the Platform/Website (including in relation to marketing activities and the implementation of paid access to Courses) are provided "as is", while KIDCOIN they do not assume responsibility for the compliance of the Platform and/or Courses with the User's goals and/or Instructors.
6.5 KIDCOIN is not responsible for the use of the User's login and password by third parties for damage caused to the User as a result of data transmission errors, failures and defects in the operation of software or hardware, data loss and damage, errors in processing or displaying data, delays in data transmission and other failures.
6.6 The User acknowledges and agrees that KIDCOIN is not obliged to view the content of information, messages, courses or other information left by Users/Instructors or carry out their preliminary moderation. KIDCOIN has the right (but not the obligation) at its discretion to refuse the User in the placement and/or distribution of courses and other content by them. The User understands and agrees that he must independently assess all risks,related to the use of content, including evaluating the reliability completeness or usefulness of this content.
6.7 User/The Instructor understands and agrees that the technology of the Platform may require copying (reproduction) Instructor Courses as well as processing them to meet the technical requirements of the Platform.
6.8 KIDCOIN is not responsible for losses (including damages and lost profits) caused to the User by the content of the Platform or Courses, as well as due to the use of Courses and other Platform content by Users.
6.9 The user knows and acknowledges that the Instructors are not employees KIDCOIN and don't act like KIDCOIN employees.
6.10 KIDCOIN is not responsible for the inability to use the Site, Platform, Courses, as well as for failures in the transmission of messages due to delays in processing or transmitting data, errors, interruptions and communication disruptions, hardware, software malfunctions and other reasons. Temporary inability to use the Site is allowed/Platform/Course (during periods that are insignificant in relation to the Period of Access to the Courses), in this case The Site Administrator is not responsible to the Users.
6.12 KIDCOIN and the User are released from liability for partial or complete non-fulfillment of obligations under this Agreement in the case of if such non-performance was the result of force majeure circumstances (force majeure circumstances).
6.13 Unless otherwise expressly provided in the Terms and Conditions and the Agency Agreement, liability KIDCOIN to the User is limited in accordance with the legislation of Montenegro and under no circumstances can such liability exceed:
(A) in the relationship of gratuitous access to the Courses and use of the Platform during the entire term of the Agreement – the amount of 200 euros and only if there is guilt in his actions;
(B) when acquiring paid access to Courses (in relation to the use of the corresponding Course) – the cost of the Course paid by the User under the Agreement, and only if there is guilt in his actions.
7 Other conditions
7.1 This Agreement is a contract between the User/Instructor and KIDCOIN and replaces all previous agreements. This Agreement also establishes the rights and obligations in the relationship between the Instructor and the User in the part as provided by the Agreement.
7.4 Each of the Parties has the right to terminate the Agreement at any time. The User has the right to terminate the Agreement by deleting his account (account) from the Site, in which case the User's access to the Site and to all Courses (including those Courses for which access was paid) is terminated. The User's expenses are not reimbursable.
7.5 In accordance with the Agreement, nothing in it can be regarded as the transfer of an exclusive right or personal non-property rights.
7.6 If, for one reason or another, one or more provisions of this Agreement are declared invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
7.7 Non-implementation, as well as untimely or partial implementation KIDCOIN their rights, as well as the exercise of KIDCOIN certain actions in case of violation by the User of the provisions of the Agreements, does not deprive KIDCOIN the right to take appropriate actions to protect their rights and interests later and also does not mean the waiver of their rights under the Agreement.
7.8 Пользователь самостоятельно несет расходы и затраты, связанные с заключением и исполнением Соглашения.
7.9 Если иное прямо не предусмотрено во взаимоотношениях Инструктора с KIDCOIN, услуги по Соглашению оказываются безвозмездно. К отношениям KIDCOIN с Пользователем не применимы нормы о защите прав потребителей. Пользователь подтверждает и признает, что Соглашение не связано с личностью Пользователя.
7.10 Споры, разногласия и требования, возникающие из Соглашения или в связи с ним, решаются путем соблюдения обязательного досудебного претензионного порядка. Срок рассмотрения Администратором Сайта претензии Пользователя составляет не более 30 (тридцать) дней с момента ее получения. Претензии подлежат направлению в службу поддержки Администратора Сайта по электронной почте: infoqkidcoin.io. Адрес Администратора Сайта для почтовой корреспонденции: Mediteranska 3, 84390, Herceg Novi, Montenegro. Уведомления Пользователю направляются по электронной почте, указанной при создании Пользователем учетной записи (эккаунта) на Сайте. В случае если Стороны не придут к соглашению в претензионном порядке, споры и разногласия разрешаются в судебном порядке.
7.11 Настоящее Соглашение составлено на русском языке и может быть предоставлено Пользователю для ознакомления на другом языке. В случае расхождения русскоязычной версии Соглашения и версии Соглашения на ином языке, применяются положения русскоязычной версии настоящего Соглашения.