University of Personalized
Dietetics and Nutrition
Dietetics and Nutrition
User Agreement
Published: "26" July 2019
This Site (updn.online) (hereinafter referred to as the Site) is a private resource and is managed in accordance with the policy determined by the owners. By registering on the Site, you confirm that you have read this agreement, understood your rights, obligations, terms, and conditions contained in this document, and agree to comply with the terms of this User Agreement hereinafter in the text (Agreement, Contract, Offer). The User Agreement comes into force from the moment you express your consent to its terms by registering on the Site.
This User Agreement has been developed by the Site Administration and defines the terms of use and development of the Site, as well as the rights and obligations of its Users and Administration.
This User Agreement is a legally binding agreement between the User and the Site Administration, the subject of which is the provision by the Site Administration to the User of services for the use of the Site and its services (hereinafter referred to as Services). In addition to this User Agreement, the agreement between the User and the Site Administration includes all special documents regulating the provision of individual Site services and posted in the relevant sections of the Site on the Internet, which are an integral part of this Agreement.
The User of the Site is obliged to fully familiarise himself with this User Agreement until the moment of acceptance of this Agreement.
This User Agreement may be amended and/or supplemented by the Site Administration unilaterally without any special notice by publishing its changes on the Site. This User Agreement is an open and publicly available document.
The Site Administration recommends that Site Users regularly check the terms of this User Agreement for changes and/or additions. Continued use of the Site by the User of the Site after making changes and/or additions to this User Agreement means acceptance and consent of the User of the Site with such changes and/or additions.
In accordance with Article 437 of the Civil Code of the Russian Federation, this document is an official offer (public offer) Limited UPDN, PSRN: 1197746471614, TIN: 7703581231, IEC: 770301001, hereinafter referred to as the "Contractor" ("Site Administration"), to conclude with any legal entity or individual, hereinafter referred to as the "Customer" ("Site User"), a contract for the following terms and conditions (hereinafter referred to as the "Contract", "Offer", "Agreement").
The full and unconditional acceptance of this Offer is the implementation by any legal entity or individual of registration on the Site, as well as any other actions that allow judging the acceptance of this Agreement, including, but not limited to, the use
of Site resources, seeking advice on telecommunications, payment for Site services, etc. From the moment of acceptance of the Offer, the specified person becomes the other Party to the Contract - the Customer (Site User).
Acceptance of this Offer means that the Customer agrees with all the terms of this Offer, and in accordance with Article 438 of the Civil Code of the Russian Federation is equivalent to concluding a Contract on the terms set out in this Offer.
This Offer is an official document and is published on the Internet information and communication network at the address: updn.online
Terms and Definitions
The Customer (Site User) is a legal entity, an individual entrepreneur registered in accordance with the current legislation of the Russian Federation, or an individual who, by performing the actions provided for in this Offer (by acceptance), has concluded an Agreement with the Contractor. Further, in the text, the Customer (the Site User) and the Contractor are also individually referred to as "the Party", and collectively as "the Parties".
The Customer's account is a set of user personal data, as well as files on the Contractor's server, directly related to ensuring the Customer's access to the Contractor's services.
The object of sale (Services) is a service (services), as well as a product of intellectual activity supplied by the Contractor to the Customer. The services provided are for informational purposes only and are not medical or educational, as well as recommendations for performing any actions.
The contractor (Site Administration, Site) is a Party to the contract (Limited UPDN, PSRN: 1197746471614, TIN: 7703581231, IEC: 770301001) providing services in accordance with this Agreement. The site administration independently determines the rules of operation of this Site and the policy of its development.
User Agreement (Contract, Offer, Agreement) – this document, which includes this User Agreement, the Agreement on the Use of Personal Data (hereinafter referred to as the Policy) and other documents and information posted on the Site updn.online and its subdomains. Other documents and information mean any information defining the rules for the provision of services, the rules and conditions of use of the Site, information about the cost of services, the rules and conditions of interaction of the Parties, including advertising information of the Performer, information and news blocks, but not limited to them. All the above information and documents are an appendix to this User Agreement and cannot be applied without taking into account the provisions of the latter or in contradiction with it. All these documents and information are collectively referred to as the "User Agreement".
The Site is an Internet resource, which is a body of materials and computer programs contained in an information system that ensures the availability of such information on the Internet at the network address updn.online. All rights to the Site as a whole and to the use of the network address (domain name) of the updn.online belong to the Site Administration. The latter provides access to the Site to all interested Parties in accordance with this User Agreement and the current legislation of the Russian Federation.
The Offer may use terms not defined in clause 1.1 of the Offer. In this case, the interpretation of such terms is made in accordance with the text of the Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided by the interpretation of the term defined: first of all - by the legislation of the Russian Federation, second of all - on the Site, then - by the established (commonly used) on the Internet. In case of difficulties with the interpretation of terms, the Site User should contact the Site Administration for clarification on the interpretation of terms. The interpretation of the site indicated by the Administration is subject to application to these legal relations, since it was the Site Administration that placed this offer in it exactly the meaning that was indicated to it in the explanations.
1. Subject Matter
1.1. In accordance with this Offer, the Contractor provides the following information, information-technology and consulting services to the Customer for remuneration, including:
- providing subscription access to training courses for informational purposes;
- providing access to a closed section of the Contractor's Site for a period of 365 calendar days;
- provision of information materials in electronic form and on physical media;
- conducting thematic Internet seminars (webinars) and Internet broadcasts;
- group and individual training (consulting), including using telecommunication and Internet means of communication;
- implementation of continuous management of the process of studying materials, including by providing consultations via online chat in the Personal Account and by telecommunication means;
- analysis of the physical condition of the Customer (including sports opportunities) based on the information provided by the Customer;
- various recommendations, for informational purposes, to improve the sports form of the Customer, his physical indicators;
- training courses on the preparation of a diet to maintain athletic fitness, the correctness of the calculation of the calorie content of products and their combination;
- other services.
The list of specific recommendations and services is determined in each specific case separately and is determined by the Contractor independently.
All recommendations and consultations are of a reference nature in order to improve the educational level of the Customer, and cannot be interpreted as recommendations binding on the Customer.
The decision on the implementation of certain recommendations is made solely by the Customer at its discretion, taking into account the provisions of this offer in general, and section 6 of this offer in particular.
2. Price and Payment Procedures
2.1. A prerequisite for the provision of Services by the Contractor is acceptance and compliance by Users, application to the relations of the Parties under the Contract of the requirements and provisions defined by the following documents (hereinafter referred to as "Mandatory Documents"):
The document "Agreement on the processing of personal data", posted on the Internet at the address: updn.online (hereinafter referred to as "Politics").
As well as other documents defining the procedure for the purchase of individual Services.
2.2. The Contractor provides the Customer with the services listed in clause 1.1 of this Offer in the manner indicated on the Contractor's Site on the page with the description of the ordered service and the provisions of this Offer.
2.3. The Contractor provides the Customer with the services listed in clause 1.1 of this Offer only after their full payment in the amount and in the manner specified in clause 4 of this Offer, within the time specified on the Contractor's Site on the page with the description of the ordered service.
2.4. The service for booking special offers is considered to be rendered in full after its full payment in the amount and in the manner specified in clause 4 of this Offer, within the time specified on the Contractor's Site on the page with the description of the ordered service.
2.5. The terms of rendering services are calculated from the moment of receipt of the funds paid by the Contractor (or their electronic analogues) transferred to the Customer in accordance with clause 4 of this Offer.
2.6. The Customer shall be deemed to have fulfilled the obligation to pay for the services listed in clause 1.1 of this Offer from the moment of receipt of funds (or their electronic analogues) to the Contractor's account in the amount specified in clause 4 of this Offer.
2.7. The Customer independently monitors the expiration of the service, if the service is of a periodic nature, and promptly carries out the extension of the service.
2.8. Using the Site and/or entering your data on the Site of the updn.online or its subdomains, or other sites of the Contractor, in order to purchase any of the Services offered, including: video courses (on medium, online) presented on the specified site, as well as for the purpose of recording consultations, seminars, trainings, classes, master classes, the Customer gives his consent to receive the distribution of promotional and/or informational materials via SMS services, e-mail, etc. from the Contractor and confirms that he has read this User Agreement, the data processing agreement and other mandatory documents related to this Agreement.
By using the Site, the Customer confirms that he acts of his own free will and in his own interest, at his own risk, and also undertakes to provide reliable data necessary for registration and/ or purchase of services, pre-registration for events, etc.
3. Rights and Obligations of the Parties
3.1. The Contractor undertakes to:
3.1.1. Provide services in accordance with this Agreement.
3.2. The Customer undertakes:
3.2.1. Timely monitor the validity period of the service and
timely pay for the extension of the service for the next period;
3.2.2. Use access to the service in accordance with the norms of the current legislation of the Russian Federation;
3.2.3. Use access to the service for your own needs, without the right to transfer access to third Parties, free of charge or for a fee;
3.2.4. To ensure the operability of the e-mail address specified during registration to ensure communication between the Customer and the Contractor;
3.2.5. Independently take measures to communicate with the Contractor, including by telecommunication means, to receive Services in accordance with clause 1.1.
3.3. In order to continuously improve the quality of the services provided, the Contractor may, on its own initiative, change or modify the service (perform actions aimed at correcting existing errors, inaccuracies, improving the appearance, changing
the functional characteristics of the software, etc.) at any time without prior notice by publishing a notice on the Site at the time of any changes.
3.5. The Customer is prohibited from using the Site:
- to register as a User on behalf of or in place of another person without having the appropriate authority to do so; - to distort information about yourself, your age, as well as your relationships with other persons or organisations; - to carry out actions aimed at disrupting the normal functioning of the Site and/or the Company's activities; - to carry out illegal collection and processing of personal data of other persons. When collecting, processing and any other actions with personal data of third Parties carried out when the User uses the Site and its Functionality.
The user is solely responsible for compliance with the Law and obtaining all necessary consents from third Parties;
- to reproduce, duplicate, copy, sell, carry out trading operations and resell access to the use of the Site, for any purpose, except for cases when such actions were expressly permitted to the User in accordance with the terms of a separate agreement with the Company, including recording and broadcasting of any materials of the site in any programs, including any social networks, messengers and other software and non- software products; - to use access to the Site not only for the purposes of a registered user, provide access to the Site to third Parties (provide login and password), use the site simultaneously by several persons using the same login (folding). In accordance with paragraph 2 of Article 1270 of the Civil Code of the Russian Federation, such actions are the use of the Site, and as a consequence, a violation of the exclusive right to the work, since by virtue of paragraph 2 of Article 1227 of the Civil Code of the Russian Federation, the transfer of ownership of a thing does not entail the transfer or granting of intellectual rights to the result of intellectual activity expressed in this thing, which entails a violation of the rights of the right's holder. - to copy any information from the Site and use and distribute it in violation of the provisions established by this agreement and other documents of the site - to engage in any activity on the use of the Site that may arouse suspicion of violating the above prohibitions, including logging in simultaneously or in a short time period from different IP addresses, from different cities, countries, devices, and other actions that seem suspicious to the Site Administration
- to use software and perform actions aimed at disrupting the normal functioning of the Site, its services.
The user is subject to immediate blocking (termination of access to the personal account of the site) upon detection of the violations specified in this paragraph of this agreement. Access blocking can be set for any period at the discretion of the Site Administration, including for life. The period of blocking is determined depending on the nature of violations and their consequences. In case of disagreement with the blocking, the user has the right to appeal to the Site Administration with the attachment of all possible evidence of preventing violations by him.
Blocking the user does not release him from the obligations assumed earlier when accepting the offer, this agreement, the Privacy Policy and other provisions of the Site Administration, also does not release him from possible obligations that have arisen, such as compensation for damage and others provided for by the current legislation of the country of use of the software.
The funds paid for the subscription during the blocking period are not returned to the blocked user and are a kind of penalty for violations committed.
4. Price and Payment Procedures
4.1. The cost of the services listed in clause 1.1 of this Offer is indicated on the Contractor's Site on the page with the description of the ordered service.
4.2. The Customer is obliged to pay for the services listed in clause 1.1 of this Offer in the amount specified in clause 4.1 of this Offer. Payment for services is made by the Customer using one of the methods specified on the Contractor's Site on the page, with the choice of the payment method issued after registration.
4.3. The Contractor has the right to unilaterally change the tariffs for the provision of services without prior notice to the Customer. The new tariffs come into force from the moment they are published on the Contractor's Site and are applied automatically when a new invoice is issued. Accordingly, the actual price is the one indicated in the generated invoice. In case of application of instalments (payment in instalments) or booking (provision of access to a closed section on the Contractor's Site for a period of 365 days, during which the Customer can use the previously specified tariffs and discounts valid at the time of the agreement and pay them within the specified period), the amount cannot be increased by the Contractor after payment of the first payment or payment booking services.
4.4. Payment for the Contractor's periodic services is carried out by the Customer in the order of 100% advance payment for the next period selected by the Customer.
4.5. The Services are considered to be paid by the Customer from the moment the Site receives confirmation from the bank that the entire amount of payment has been received to the settlement account of the Site. In some cases, at the sole discretion of the Site, confirmation of the fact of payment can serve as: a) a facsimile or electronic copy of the payment order in the non-cash form of payment; b) a facsimile or electronic copy of the payment receipt with the seal of the bank through which the payment was made; c) verification by the Site of the fact of payment in favour of the Site through the payment system in the case of the Customer electronic payment. Other confirmations at the discretion of the Site Administration
4.6. The Services are considered to have been provided by the Site properly and accepted by the Customer if, after the start of the provision of the Service, the Site has not received reasoned written objections from the Customer. After the expiration of the period specified above, the Customer's claims regarding the shortcomings of the Services, including in terms of quantity (volume), cost and quality, are not accepted.
4.7. In case of unilateral refusal by the Customer from the execution of this Agreement, the amount of actually incurred expenses of the Contractor is one hundred percent of the amount paid for the Services of the Contractor.
4.8. The Parties have agreed that in respect of any monetary obligations of the Parties under the Contract, legal interest (interest on the amount of debt for the period of use of funds) provided for in Article 317.1 of the Civil Code of the Russian Federation is not accrued.
5. Terms of payment refund by the Contractor
5.1. The amount paid by the Customer for the Contractor's services related to providing access to training courses, a closed section on the Customer's Site or information materials published on the Internet is debited at the time of crediting the payment to the Contractor's account. The amount paid by the Customer is subject to refund only within fourteen days from the date of payment by the Customer, regardless of the fact that the Contractor uses access to the service provided. If the Customer refuses the booking service, the refund of the amount for the service rendered to the Customer is not reimbursed.
5.2. Services related to the holding of paid thematic webinars and Internet broadcasts, group and individual training (consulting), including the use of telecommunication means, are also considered provided if the Customer was not personally present at the event in violation of clause 3.2.5 of the Agreement.
5.3. The refund of the payment amount for the Contractor's services is made within a month from the date of satisfaction of the Customer's claim. The refund of the payment can be made only if the Contractor receives a written claim from the Customer for the refund of funds and if the Contractor recognizes it as justified in
accordance with this Agreement. A claim may be filed within fourteen calendar days from the start of the provision of the service. After this period, the service will be considered rendered in full. A refund is also not made if the service is provided in full at the time of sending the claim to the Contractor.
5.4. Payment for the Contractor's services is made independently by the Customer, using any of the methods provided by the Site based on the relevant instructions of payment systems. The Contractor is not liable to the Customer in case of non-receipt of funds to the Contractor's account due to the fault of the Customer when making a money transfer.
6. Liability of the Parties and disclaimer of Warranties
6.1. The Parties are responsible for non-fulfilment of obligations in accordance with the current legislation of the Russian Federation.
6.2. The Customer is fully responsible for any violations of the current legislation of the Russian Federation related to the Customer's use of access to the services provided by the Contractor.
6.3. The Customer agrees that the Contractor provides access to the services listed in clause 1.1 of this offer as is, and does not have the right to require additional refinement of training courses or their individual components, information materials, as well as changes to the rules for the provision of services described by the provisions of this Offer.
6.4. The Contractor is not responsible for the inability of the Customer to receive the services listed in clause 1.1 of this Offer for any reasons beyond the Contractor's control, including disruption of communication lines, equipment malfunction, non- fulfilment of obligations of suppliers of certain services, etc., as well as in case of violation of clauses 3.2.4.-3.2.5 of the Contract.
6.5. The Contractor is not responsible for any damage (including, without exception, loss of profit, business interruption, loss of information or any losses) related to the use or inability to use the Customer's access to the services listed in clause 1.1 of this Offer, as well as interruptions in the operation of the software caused by technical problems with the Internet server or actions of third Parties, as well as with the provision or inability to provide support services, even if the Contractor was notified in advance of the possibility of such losses.
6.6. No information, materials, access to services provided by the Contractor in accordance with the terms of this Offer can be considered as guarantees. Decision- making based on all information, materials, and access to services provided by the Contractor is in the exclusive competence of the Customer.
6.7. The Customer assumes full responsibility and risks associated with the use of information, materials, consultations provided by the Contractor.
6.8. The Parties have agreed that in any case, the Contractor's liability under the Contract, including the amount of penalties (penalties, penalties) and/or recoverable damages, for any claim or claim in relation to the Contract or its execution, is limited to a monetary amount of 1,000 roubles.
6.9. In case of violation of the provisions of this Offer by the Site User, on the basis of his own decision, the Contractor may suspend or terminate the provision of services without notice and refund of unused funds.
6.10. The materials posted on the Site are not advice of a physical, mental or any other nature for any person or group of people, so you should not have them in this sense. The information and various recommendations provided to the Customer in the process of rendering services cannot be interpreted as indications of a medical nature or the provision of medical services. There are risks associated with performing exercises that are posted on the Site for people with poor health or having physical or mental health problems. Due to the existence of such risks, it is prohibited for the specified Customers to adhere to these exercises or follow various recommendations of the Contractor. If you decide to perform such exercises, as well as use the knowledge you have gained, you voluntarily accept all the risks associated with them.
The educational materials of the Site are not intended to treat or prevent ailments or diseases. This information is intended for reference and informational purposes only, it is not medical advice. We recommend that in all cases, before using the information on the site, consult with your doctor, especially if you are registered or have a serious diagnosis, before you start exercising or using the training materials published on the site.
Any information received from the Contractor during the study of medical tests, physical indicators of the Customer is not a diagnosis, medical report, or recommendations, but is only informational in nature and cannot serve as a basis for prescribing any treatment, either by the Contractor or by the Customer independently.
Any form of exercise, whether physical exercise during sports or mental, can cause injury if the exercises are performed incorrectly, especially if they are performed by people in poor shape or suffering from physical or mental illnesses.
By paying for the educational materials published on the Site, the Customer confirms that he has no physical or mental illnesses that can cause physical or mental injuries, or deterioration of health, as well as that before starting to use the information of the Site, the Sites’ User has received the necessary medical advice from a doctor.
7. Dispute Resolution
7.1. All disputes and disagreements that may arise because of the Parties' violation of the terms of this Offer will be resolved through negotiations between the Parties as it is possible.
7.2. In case of failure to reach an agreement through negotiations, disputes and disagreements are subject to judicial resolution in accordance with the legislation of the Russian Federation in court at the location of the Contractor.
8. Force Majeure
8.1. The Parties are released from liability for non-fulfilment or improper fulfilment of the obligations assumed under this Offer, if proper fulfilment proved impossible due to the occurrence of force majeure circumstances. The concept of force majeure circumstances covers external and extraordinary events that were absent at the time of acceptance of this Offer and occurred against the will and desire of the Parties. Such circumstances of the Parties include military actions, epidemics, fires, natural disasters, regulatory legal acts and actions of state and other authorised bodies (organisations) that make it impossible to fulfil obligations under this Agreement in accordance with the legal procedure.
8.2. The Party under this Agreement affected by force majeure circumstances must immediately notify the other Party in writing or by e-mail about the occurrence, type, and possible duration of force majeure circumstances that prevent the fulfilment of contractual obligations. If the above-mentioned events are not reported in a timely manner, the Party affected by the force majeure circumstance cannot refer to it as on the basis of exemption from liability.
8.3. During the period of force majeure circumstances that release the Parties from liability, the fulfilment of obligations is suspended, and sanctions for non-fulfilment of contractual obligations are not applied.
8.4. If the force majeure circumstances continue for more than 6 months, the Parties must agree on the fate of this Agreement. If an agreement is not reached by the Parties, either Party has the right to unilaterally terminate this Offer by sending a corresponding notice to the other Party.
9. Rights to the results of intellectual activity
9.1. Exclusive and personal non-property rights to the Site, any results of intellectual activity posted on the Site or contained in the Objects of sale (Services) belong to the Contractor or other persons who have concluded an agreement with the Contractor giving him the right to post the results of intellectual activity of these persons on the Site, in the Objects of sale or as part of them, and are protected in accordance with the current legislation of the Russian Federation.
9.2. The actions and/or inaction of the Customer that resulted in violation of the Contractor's rights or aimed at violating the Contractor's rights to the Site, the Objects of implementation or their components, entail criminal, civil and administrative liability in accordance with the legislation of the Russian Federation, and may also serve as a basis for civil liability by the User of the Site.
9.3. All results of intellectual activity contained on the Site may be used by the Customer exclusively for personal purposes. The Customer is not entitled to use such results in other ways and for other purposes.
9.4. The Contractor is not responsible for the accuracy, practical applicability, and value of the information contained in the Objects of implementation.
9.5. The Contractor is not responsible for achieving any results related to the practical application of the information obtained during the purchase of Services. Any recommendations contained in the Services are implemented by the Customer at his own risk and responsibility.
10. Other Terms and Conditions
10.1. The Contractor has the right to change the terms of this Offer unilaterally at any time, while ensuring that the amended terms are published on the Internet at the address: updn.online at least one day before the changes come into force.
10.2. The Contractor has the right to withdraw this Offer at any time, which is not a reason for renouncing the obligations of the Contractor accepted by him under the already concluded Contract.
10.3. The Customer and the Contractor have the right to unilaterally withdraw from the performance of the Contract by notifying the other Party in one of the ways specified in clause 10.8 of this Offer.
10.4. The Contractor authorises the Customer to use the information, materials, consultations, access to the services provided by the Contractor in accordance with the terms of this Offer, only personally and only for individual use without the right to reproduce, copy, publish and distribute, including on the Internet information and telecommunications network, without the right to transfer to third Parties and any other usage. If the Contractor's services are paid on behalf of a legal entity, then only an employee of the legal entity or another person in whose interests the legal entity paid for the services (no more than one person per registration) is entitled to use the information, materials, consultations and access to services provided by the Contractor in accordance with the terms of this Offer.
10.5. The Contractor does not transfer to the Customer any other rights other than the rights specified in clause 10.4 of this Offer.
10.6. The Customer undertakes not to make audio recordings, video recordings of information, materials, consultations, Internet seminars (webinars), Internet broadcasts provided by the Contractor in accordance with the terms of this Offer, without the special written permission of the Contractor.
10.7. The Contractor informs the Customer about the new services that it plans to provide, their cost and methods of provision.
10.8. The Parties acknowledge that any notifications and correspondence have been duly sent, if the dispatch has been made in writing, to the postal or electronic address specified in this Offer. Along with this, the Parties recognize the following methods of notification under the Contract as appropriate:
10.8.1. by posting information by the Contractor on the Contractor's Site - for notifications of changes in the rules for the provision of services, the text of the public offer and other documents concerning a wide range of persons, as well as deviations in the mode and schedule of work;
10.8.2. by using email - for notifications and news sent by the Contractor to the Customer about events concerning both a wide range of persons and personally the Customer.
10.9. The Parties undertake to maintain confidentiality and not to use for any purposes other than those specified in this Offer, documentary, registration and other information transmitted to the other Party in the course of fulfilling obligations, without the prior written consent of the other Party. Confidential information does not include information posted by the Customer on the Contractor's Site and provided to the latter when providing Services to the Customer.
10.10. The Law applicable to the legal relations arising from this agreement is the Law of the Russian Federation. If it is necessary to interpret the terms used in this Agreement, as well as in everything that is not directly provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation and business practices.
10.11. The Customer is not entitled to transfer its rights and obligations under this Agreement to third Parties.
10.12. In everything that is not provided for in this Agreement, the Parties are guided by the current civil legislation of the Russian Federation.
10.13. This Agreement is accepted by the User and comes into force for the User from the moment the User registers on the Site and is valid for an indefinite period.
11. Bank details of the Contractor:
Limited UPDN
PSRN: 1197746471614
TIN: 7703581231
IEC: 770301001
Acc.: 40702810038000193407
Bank: SBERBANK PJSC
BIC: 044525225
Corr. acc.: 30101810400000000225
Published: "26" July 2019
This Site (updn.online) (hereinafter referred to as the Site) is a private resource and is managed in accordance with the policy determined by the owners. By registering on the Site, you confirm that you have read this agreement, understood your rights, obligations, terms, and conditions contained in this document, and agree to comply with the terms of this User Agreement hereinafter in the text (Agreement, Contract, Offer). The User Agreement comes into force from the moment you express your consent to its terms by registering on the Site.
This User Agreement has been developed by the Site Administration and defines the terms of use and development of the Site, as well as the rights and obligations of its Users and Administration.
This User Agreement is a legally binding agreement between the User and the Site Administration, the subject of which is the provision by the Site Administration to the User of services for the use of the Site and its services (hereinafter referred to as Services). In addition to this User Agreement, the agreement between the User and the Site Administration includes all special documents regulating the provision of individual Site services and posted in the relevant sections of the Site on the Internet, which are an integral part of this Agreement.
The User of the Site is obliged to fully familiarise himself with this User Agreement until the moment of acceptance of this Agreement.
This User Agreement may be amended and/or supplemented by the Site Administration unilaterally without any special notice by publishing its changes on the Site. This User Agreement is an open and publicly available document.
The Site Administration recommends that Site Users regularly check the terms of this User Agreement for changes and/or additions. Continued use of the Site by the User of the Site after making changes and/or additions to this User Agreement means acceptance and consent of the User of the Site with such changes and/or additions.
In accordance with Article 437 of the Civil Code of the Russian Federation, this document is an official offer (public offer) Limited UPDN, PSRN: 1197746471614, TIN: 7703581231, IEC: 770301001, hereinafter referred to as the "Contractor" ("Site Administration"), to conclude with any legal entity or individual, hereinafter referred to as the "Customer" ("Site User"), a contract for the following terms and conditions (hereinafter referred to as the "Contract", "Offer", "Agreement").
The full and unconditional acceptance of this Offer is the implementation by any legal entity or individual of registration on the Site, as well as any other actions that allow judging the acceptance of this Agreement, including, but not limited to, the use
of Site resources, seeking advice on telecommunications, payment for Site services, etc. From the moment of acceptance of the Offer, the specified person becomes the other Party to the Contract - the Customer (Site User).
Acceptance of this Offer means that the Customer agrees with all the terms of this Offer, and in accordance with Article 438 of the Civil Code of the Russian Federation is equivalent to concluding a Contract on the terms set out in this Offer.
This Offer is an official document and is published on the Internet information and communication network at the address: updn.online
Terms and Definitions
The Customer (Site User) is a legal entity, an individual entrepreneur registered in accordance with the current legislation of the Russian Federation, or an individual who, by performing the actions provided for in this Offer (by acceptance), has concluded an Agreement with the Contractor. Further, in the text, the Customer (the Site User) and the Contractor are also individually referred to as "the Party", and collectively as "the Parties".
The Customer's account is a set of user personal data, as well as files on the Contractor's server, directly related to ensuring the Customer's access to the Contractor's services.
The object of sale (Services) is a service (services), as well as a product of intellectual activity supplied by the Contractor to the Customer. The services provided are for informational purposes only and are not medical or educational, as well as recommendations for performing any actions.
The contractor (Site Administration, Site) is a Party to the contract (Limited UPDN, PSRN: 1197746471614, TIN: 7703581231, IEC: 770301001) providing services in accordance with this Agreement. The site administration independently determines the rules of operation of this Site and the policy of its development.
User Agreement (Contract, Offer, Agreement) – this document, which includes this User Agreement, the Agreement on the Use of Personal Data (hereinafter referred to as the Policy) and other documents and information posted on the Site updn.online and its subdomains. Other documents and information mean any information defining the rules for the provision of services, the rules and conditions of use of the Site, information about the cost of services, the rules and conditions of interaction of the Parties, including advertising information of the Performer, information and news blocks, but not limited to them. All the above information and documents are an appendix to this User Agreement and cannot be applied without taking into account the provisions of the latter or in contradiction with it. All these documents and information are collectively referred to as the "User Agreement".
The Site is an Internet resource, which is a body of materials and computer programs contained in an information system that ensures the availability of such information on the Internet at the network address updn.online. All rights to the Site as a whole and to the use of the network address (domain name) of the updn.online belong to the Site Administration. The latter provides access to the Site to all interested Parties in accordance with this User Agreement and the current legislation of the Russian Federation.
The Offer may use terms not defined in clause 1.1 of the Offer. In this case, the interpretation of such terms is made in accordance with the text of the Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided by the interpretation of the term defined: first of all - by the legislation of the Russian Federation, second of all - on the Site, then - by the established (commonly used) on the Internet. In case of difficulties with the interpretation of terms, the Site User should contact the Site Administration for clarification on the interpretation of terms. The interpretation of the site indicated by the Administration is subject to application to these legal relations, since it was the Site Administration that placed this offer in it exactly the meaning that was indicated to it in the explanations.
1. Subject Matter
1.1. In accordance with this Offer, the Contractor provides the following information, information-technology and consulting services to the Customer for remuneration, including:
- providing subscription access to training courses for informational purposes;
- providing access to a closed section of the Contractor's Site for a period of 365 calendar days;
- provision of information materials in electronic form and on physical media;
- conducting thematic Internet seminars (webinars) and Internet broadcasts;
- group and individual training (consulting), including using telecommunication and Internet means of communication;
- implementation of continuous management of the process of studying materials, including by providing consultations via online chat in the Personal Account and by telecommunication means;
- analysis of the physical condition of the Customer (including sports opportunities) based on the information provided by the Customer;
- various recommendations, for informational purposes, to improve the sports form of the Customer, his physical indicators;
- training courses on the preparation of a diet to maintain athletic fitness, the correctness of the calculation of the calorie content of products and their combination;
- other services.
The list of specific recommendations and services is determined in each specific case separately and is determined by the Contractor independently.
All recommendations and consultations are of a reference nature in order to improve the educational level of the Customer, and cannot be interpreted as recommendations binding on the Customer.
The decision on the implementation of certain recommendations is made solely by the Customer at its discretion, taking into account the provisions of this offer in general, and section 6 of this offer in particular.
2. Price and Payment Procedures
2.1. A prerequisite for the provision of Services by the Contractor is acceptance and compliance by Users, application to the relations of the Parties under the Contract of the requirements and provisions defined by the following documents (hereinafter referred to as "Mandatory Documents"):
The document "Agreement on the processing of personal data", posted on the Internet at the address: updn.online (hereinafter referred to as "Politics").
As well as other documents defining the procedure for the purchase of individual Services.
2.2. The Contractor provides the Customer with the services listed in clause 1.1 of this Offer in the manner indicated on the Contractor's Site on the page with the description of the ordered service and the provisions of this Offer.
2.3. The Contractor provides the Customer with the services listed in clause 1.1 of this Offer only after their full payment in the amount and in the manner specified in clause 4 of this Offer, within the time specified on the Contractor's Site on the page with the description of the ordered service.
2.4. The service for booking special offers is considered to be rendered in full after its full payment in the amount and in the manner specified in clause 4 of this Offer, within the time specified on the Contractor's Site on the page with the description of the ordered service.
2.5. The terms of rendering services are calculated from the moment of receipt of the funds paid by the Contractor (or their electronic analogues) transferred to the Customer in accordance with clause 4 of this Offer.
2.6. The Customer shall be deemed to have fulfilled the obligation to pay for the services listed in clause 1.1 of this Offer from the moment of receipt of funds (or their electronic analogues) to the Contractor's account in the amount specified in clause 4 of this Offer.
2.7. The Customer independently monitors the expiration of the service, if the service is of a periodic nature, and promptly carries out the extension of the service.
2.8. Using the Site and/or entering your data on the Site of the updn.online or its subdomains, or other sites of the Contractor, in order to purchase any of the Services offered, including: video courses (on medium, online) presented on the specified site, as well as for the purpose of recording consultations, seminars, trainings, classes, master classes, the Customer gives his consent to receive the distribution of promotional and/or informational materials via SMS services, e-mail, etc. from the Contractor and confirms that he has read this User Agreement, the data processing agreement and other mandatory documents related to this Agreement.
By using the Site, the Customer confirms that he acts of his own free will and in his own interest, at his own risk, and also undertakes to provide reliable data necessary for registration and/ or purchase of services, pre-registration for events, etc.
3. Rights and Obligations of the Parties
3.1. The Contractor undertakes to:
3.1.1. Provide services in accordance with this Agreement.
3.2. The Customer undertakes:
3.2.1. Timely monitor the validity period of the service and
timely pay for the extension of the service for the next period;
3.2.2. Use access to the service in accordance with the norms of the current legislation of the Russian Federation;
3.2.3. Use access to the service for your own needs, without the right to transfer access to third Parties, free of charge or for a fee;
3.2.4. To ensure the operability of the e-mail address specified during registration to ensure communication between the Customer and the Contractor;
3.2.5. Independently take measures to communicate with the Contractor, including by telecommunication means, to receive Services in accordance with clause 1.1.
3.3. In order to continuously improve the quality of the services provided, the Contractor may, on its own initiative, change or modify the service (perform actions aimed at correcting existing errors, inaccuracies, improving the appearance, changing
the functional characteristics of the software, etc.) at any time without prior notice by publishing a notice on the Site at the time of any changes.
3.5. The Customer is prohibited from using the Site:
- to register as a User on behalf of or in place of another person without having the appropriate authority to do so; - to distort information about yourself, your age, as well as your relationships with other persons or organisations; - to carry out actions aimed at disrupting the normal functioning of the Site and/or the Company's activities; - to carry out illegal collection and processing of personal data of other persons. When collecting, processing and any other actions with personal data of third Parties carried out when the User uses the Site and its Functionality.
The user is solely responsible for compliance with the Law and obtaining all necessary consents from third Parties;
- to reproduce, duplicate, copy, sell, carry out trading operations and resell access to the use of the Site, for any purpose, except for cases when such actions were expressly permitted to the User in accordance with the terms of a separate agreement with the Company, including recording and broadcasting of any materials of the site in any programs, including any social networks, messengers and other software and non- software products; - to use access to the Site not only for the purposes of a registered user, provide access to the Site to third Parties (provide login and password), use the site simultaneously by several persons using the same login (folding). In accordance with paragraph 2 of Article 1270 of the Civil Code of the Russian Federation, such actions are the use of the Site, and as a consequence, a violation of the exclusive right to the work, since by virtue of paragraph 2 of Article 1227 of the Civil Code of the Russian Federation, the transfer of ownership of a thing does not entail the transfer or granting of intellectual rights to the result of intellectual activity expressed in this thing, which entails a violation of the rights of the right's holder. - to copy any information from the Site and use and distribute it in violation of the provisions established by this agreement and other documents of the site - to engage in any activity on the use of the Site that may arouse suspicion of violating the above prohibitions, including logging in simultaneously or in a short time period from different IP addresses, from different cities, countries, devices, and other actions that seem suspicious to the Site Administration
- to use software and perform actions aimed at disrupting the normal functioning of the Site, its services.
The user is subject to immediate blocking (termination of access to the personal account of the site) upon detection of the violations specified in this paragraph of this agreement. Access blocking can be set for any period at the discretion of the Site Administration, including for life. The period of blocking is determined depending on the nature of violations and their consequences. In case of disagreement with the blocking, the user has the right to appeal to the Site Administration with the attachment of all possible evidence of preventing violations by him.
Blocking the user does not release him from the obligations assumed earlier when accepting the offer, this agreement, the Privacy Policy and other provisions of the Site Administration, also does not release him from possible obligations that have arisen, such as compensation for damage and others provided for by the current legislation of the country of use of the software.
The funds paid for the subscription during the blocking period are not returned to the blocked user and are a kind of penalty for violations committed.
4. Price and Payment Procedures
4.1. The cost of the services listed in clause 1.1 of this Offer is indicated on the Contractor's Site on the page with the description of the ordered service.
4.2. The Customer is obliged to pay for the services listed in clause 1.1 of this Offer in the amount specified in clause 4.1 of this Offer. Payment for services is made by the Customer using one of the methods specified on the Contractor's Site on the page, with the choice of the payment method issued after registration.
4.3. The Contractor has the right to unilaterally change the tariffs for the provision of services without prior notice to the Customer. The new tariffs come into force from the moment they are published on the Contractor's Site and are applied automatically when a new invoice is issued. Accordingly, the actual price is the one indicated in the generated invoice. In case of application of instalments (payment in instalments) or booking (provision of access to a closed section on the Contractor's Site for a period of 365 days, during which the Customer can use the previously specified tariffs and discounts valid at the time of the agreement and pay them within the specified period), the amount cannot be increased by the Contractor after payment of the first payment or payment booking services.
4.4. Payment for the Contractor's periodic services is carried out by the Customer in the order of 100% advance payment for the next period selected by the Customer.
4.5. The Services are considered to be paid by the Customer from the moment the Site receives confirmation from the bank that the entire amount of payment has been received to the settlement account of the Site. In some cases, at the sole discretion of the Site, confirmation of the fact of payment can serve as: a) a facsimile or electronic copy of the payment order in the non-cash form of payment; b) a facsimile or electronic copy of the payment receipt with the seal of the bank through which the payment was made; c) verification by the Site of the fact of payment in favour of the Site through the payment system in the case of the Customer electronic payment. Other confirmations at the discretion of the Site Administration
4.6. The Services are considered to have been provided by the Site properly and accepted by the Customer if, after the start of the provision of the Service, the Site has not received reasoned written objections from the Customer. After the expiration of the period specified above, the Customer's claims regarding the shortcomings of the Services, including in terms of quantity (volume), cost and quality, are not accepted.
4.7. In case of unilateral refusal by the Customer from the execution of this Agreement, the amount of actually incurred expenses of the Contractor is one hundred percent of the amount paid for the Services of the Contractor.
4.8. The Parties have agreed that in respect of any monetary obligations of the Parties under the Contract, legal interest (interest on the amount of debt for the period of use of funds) provided for in Article 317.1 of the Civil Code of the Russian Federation is not accrued.
5. Terms of payment refund by the Contractor
5.1. The amount paid by the Customer for the Contractor's services related to providing access to training courses, a closed section on the Customer's Site or information materials published on the Internet is debited at the time of crediting the payment to the Contractor's account. The amount paid by the Customer is subject to refund only within fourteen days from the date of payment by the Customer, regardless of the fact that the Contractor uses access to the service provided. If the Customer refuses the booking service, the refund of the amount for the service rendered to the Customer is not reimbursed.
5.2. Services related to the holding of paid thematic webinars and Internet broadcasts, group and individual training (consulting), including the use of telecommunication means, are also considered provided if the Customer was not personally present at the event in violation of clause 3.2.5 of the Agreement.
5.3. The refund of the payment amount for the Contractor's services is made within a month from the date of satisfaction of the Customer's claim. The refund of the payment can be made only if the Contractor receives a written claim from the Customer for the refund of funds and if the Contractor recognizes it as justified in
accordance with this Agreement. A claim may be filed within fourteen calendar days from the start of the provision of the service. After this period, the service will be considered rendered in full. A refund is also not made if the service is provided in full at the time of sending the claim to the Contractor.
5.4. Payment for the Contractor's services is made independently by the Customer, using any of the methods provided by the Site based on the relevant instructions of payment systems. The Contractor is not liable to the Customer in case of non-receipt of funds to the Contractor's account due to the fault of the Customer when making a money transfer.
6. Liability of the Parties and disclaimer of Warranties
6.1. The Parties are responsible for non-fulfilment of obligations in accordance with the current legislation of the Russian Federation.
6.2. The Customer is fully responsible for any violations of the current legislation of the Russian Federation related to the Customer's use of access to the services provided by the Contractor.
6.3. The Customer agrees that the Contractor provides access to the services listed in clause 1.1 of this offer as is, and does not have the right to require additional refinement of training courses or their individual components, information materials, as well as changes to the rules for the provision of services described by the provisions of this Offer.
6.4. The Contractor is not responsible for the inability of the Customer to receive the services listed in clause 1.1 of this Offer for any reasons beyond the Contractor's control, including disruption of communication lines, equipment malfunction, non- fulfilment of obligations of suppliers of certain services, etc., as well as in case of violation of clauses 3.2.4.-3.2.5 of the Contract.
6.5. The Contractor is not responsible for any damage (including, without exception, loss of profit, business interruption, loss of information or any losses) related to the use or inability to use the Customer's access to the services listed in clause 1.1 of this Offer, as well as interruptions in the operation of the software caused by technical problems with the Internet server or actions of third Parties, as well as with the provision or inability to provide support services, even if the Contractor was notified in advance of the possibility of such losses.
6.6. No information, materials, access to services provided by the Contractor in accordance with the terms of this Offer can be considered as guarantees. Decision- making based on all information, materials, and access to services provided by the Contractor is in the exclusive competence of the Customer.
6.7. The Customer assumes full responsibility and risks associated with the use of information, materials, consultations provided by the Contractor.
6.8. The Parties have agreed that in any case, the Contractor's liability under the Contract, including the amount of penalties (penalties, penalties) and/or recoverable damages, for any claim or claim in relation to the Contract or its execution, is limited to a monetary amount of 1,000 roubles.
6.9. In case of violation of the provisions of this Offer by the Site User, on the basis of his own decision, the Contractor may suspend or terminate the provision of services without notice and refund of unused funds.
6.10. The materials posted on the Site are not advice of a physical, mental or any other nature for any person or group of people, so you should not have them in this sense. The information and various recommendations provided to the Customer in the process of rendering services cannot be interpreted as indications of a medical nature or the provision of medical services. There are risks associated with performing exercises that are posted on the Site for people with poor health or having physical or mental health problems. Due to the existence of such risks, it is prohibited for the specified Customers to adhere to these exercises or follow various recommendations of the Contractor. If you decide to perform such exercises, as well as use the knowledge you have gained, you voluntarily accept all the risks associated with them.
The educational materials of the Site are not intended to treat or prevent ailments or diseases. This information is intended for reference and informational purposes only, it is not medical advice. We recommend that in all cases, before using the information on the site, consult with your doctor, especially if you are registered or have a serious diagnosis, before you start exercising or using the training materials published on the site.
Any information received from the Contractor during the study of medical tests, physical indicators of the Customer is not a diagnosis, medical report, or recommendations, but is only informational in nature and cannot serve as a basis for prescribing any treatment, either by the Contractor or by the Customer independently.
Any form of exercise, whether physical exercise during sports or mental, can cause injury if the exercises are performed incorrectly, especially if they are performed by people in poor shape or suffering from physical or mental illnesses.
By paying for the educational materials published on the Site, the Customer confirms that he has no physical or mental illnesses that can cause physical or mental injuries, or deterioration of health, as well as that before starting to use the information of the Site, the Sites’ User has received the necessary medical advice from a doctor.
7. Dispute Resolution
7.1. All disputes and disagreements that may arise because of the Parties' violation of the terms of this Offer will be resolved through negotiations between the Parties as it is possible.
7.2. In case of failure to reach an agreement through negotiations, disputes and disagreements are subject to judicial resolution in accordance with the legislation of the Russian Federation in court at the location of the Contractor.
8. Force Majeure
8.1. The Parties are released from liability for non-fulfilment or improper fulfilment of the obligations assumed under this Offer, if proper fulfilment proved impossible due to the occurrence of force majeure circumstances. The concept of force majeure circumstances covers external and extraordinary events that were absent at the time of acceptance of this Offer and occurred against the will and desire of the Parties. Such circumstances of the Parties include military actions, epidemics, fires, natural disasters, regulatory legal acts and actions of state and other authorised bodies (organisations) that make it impossible to fulfil obligations under this Agreement in accordance with the legal procedure.
8.2. The Party under this Agreement affected by force majeure circumstances must immediately notify the other Party in writing or by e-mail about the occurrence, type, and possible duration of force majeure circumstances that prevent the fulfilment of contractual obligations. If the above-mentioned events are not reported in a timely manner, the Party affected by the force majeure circumstance cannot refer to it as on the basis of exemption from liability.
8.3. During the period of force majeure circumstances that release the Parties from liability, the fulfilment of obligations is suspended, and sanctions for non-fulfilment of contractual obligations are not applied.
8.4. If the force majeure circumstances continue for more than 6 months, the Parties must agree on the fate of this Agreement. If an agreement is not reached by the Parties, either Party has the right to unilaterally terminate this Offer by sending a corresponding notice to the other Party.
9. Rights to the results of intellectual activity
9.1. Exclusive and personal non-property rights to the Site, any results of intellectual activity posted on the Site or contained in the Objects of sale (Services) belong to the Contractor or other persons who have concluded an agreement with the Contractor giving him the right to post the results of intellectual activity of these persons on the Site, in the Objects of sale or as part of them, and are protected in accordance with the current legislation of the Russian Federation.
9.2. The actions and/or inaction of the Customer that resulted in violation of the Contractor's rights or aimed at violating the Contractor's rights to the Site, the Objects of implementation or their components, entail criminal, civil and administrative liability in accordance with the legislation of the Russian Federation, and may also serve as a basis for civil liability by the User of the Site.
9.3. All results of intellectual activity contained on the Site may be used by the Customer exclusively for personal purposes. The Customer is not entitled to use such results in other ways and for other purposes.
9.4. The Contractor is not responsible for the accuracy, practical applicability, and value of the information contained in the Objects of implementation.
9.5. The Contractor is not responsible for achieving any results related to the practical application of the information obtained during the purchase of Services. Any recommendations contained in the Services are implemented by the Customer at his own risk and responsibility.
10. Other Terms and Conditions
10.1. The Contractor has the right to change the terms of this Offer unilaterally at any time, while ensuring that the amended terms are published on the Internet at the address: updn.online at least one day before the changes come into force.
10.2. The Contractor has the right to withdraw this Offer at any time, which is not a reason for renouncing the obligations of the Contractor accepted by him under the already concluded Contract.
10.3. The Customer and the Contractor have the right to unilaterally withdraw from the performance of the Contract by notifying the other Party in one of the ways specified in clause 10.8 of this Offer.
10.4. The Contractor authorises the Customer to use the information, materials, consultations, access to the services provided by the Contractor in accordance with the terms of this Offer, only personally and only for individual use without the right to reproduce, copy, publish and distribute, including on the Internet information and telecommunications network, without the right to transfer to third Parties and any other usage. If the Contractor's services are paid on behalf of a legal entity, then only an employee of the legal entity or another person in whose interests the legal entity paid for the services (no more than one person per registration) is entitled to use the information, materials, consultations and access to services provided by the Contractor in accordance with the terms of this Offer.
10.5. The Contractor does not transfer to the Customer any other rights other than the rights specified in clause 10.4 of this Offer.
10.6. The Customer undertakes not to make audio recordings, video recordings of information, materials, consultations, Internet seminars (webinars), Internet broadcasts provided by the Contractor in accordance with the terms of this Offer, without the special written permission of the Contractor.
10.7. The Contractor informs the Customer about the new services that it plans to provide, their cost and methods of provision.
10.8. The Parties acknowledge that any notifications and correspondence have been duly sent, if the dispatch has been made in writing, to the postal or electronic address specified in this Offer. Along with this, the Parties recognize the following methods of notification under the Contract as appropriate:
10.8.1. by posting information by the Contractor on the Contractor's Site - for notifications of changes in the rules for the provision of services, the text of the public offer and other documents concerning a wide range of persons, as well as deviations in the mode and schedule of work;
10.8.2. by using email - for notifications and news sent by the Contractor to the Customer about events concerning both a wide range of persons and personally the Customer.
10.9. The Parties undertake to maintain confidentiality and not to use for any purposes other than those specified in this Offer, documentary, registration and other information transmitted to the other Party in the course of fulfilling obligations, without the prior written consent of the other Party. Confidential information does not include information posted by the Customer on the Contractor's Site and provided to the latter when providing Services to the Customer.
10.10. The Law applicable to the legal relations arising from this agreement is the Law of the Russian Federation. If it is necessary to interpret the terms used in this Agreement, as well as in everything that is not directly provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation and business practices.
10.11. The Customer is not entitled to transfer its rights and obligations under this Agreement to third Parties.
10.12. In everything that is not provided for in this Agreement, the Parties are guided by the current civil legislation of the Russian Federation.
10.13. This Agreement is accepted by the User and comes into force for the User from the moment the User registers on the Site and is valid for an indefinite period.
11. Bank details of the Contractor:
Limited UPDN
PSRN: 1197746471614
TIN: 7703581231
IEC: 770301001
Acc.: 40702810038000193407
Bank: SBERBANK PJSC
BIC: 044525225
Corr. acc.: 30101810400000000225
University of Personalized Dietetics and Nutrition
updnuniversity@gmail.com