TERMS AND CONDITIONS OF USE OF THE LEARNING MANAGEMENT SYSTEM:

 

Charitable organization "Charitable Fund "Beetroot Academy" (hereinafter - the Benefactor) offers an indefinite number of individuals (hereinafter - Users) (together in the text - the Parties, separately the Party), who has accepted the terms of the public offer, which is available at https://beetroot.academy/publicOffer, to gain access to the learning management system of the Beetroot Academy Charitable Fund: https://lms.beetroot.academy/login under the Terms and Conditions of use of the educational system (hereinafter – Terms and Conditions).

The following actions will be considered as joining the Agreement of public offer: marking the acquaintance with these Conditions and Rules and the Agreement of the public offer and/or gaining access to online training courses. In case of disagreement with the terms of the Public offer Agreement, the joining to these Terms and Conditions is not possible.

 

1.DEFINITIONS:

1.1. The Beetroot Academy learning management system is a specialized software environment for online courses, which contains a set of courses hosted and administered by the Benefactor (hereinafter - the learning management system). The Benefactor may, at its own discretion, change the learning management system (specialized software) to another specialized software environment, and the User must familiarize himself with the functionality and rules of the learning management system.

1.2. Course is a set of educational modules (texts, graphics, audios, videos, photos, and other materials, etc.), compiled in accordance with a specific topic and within which charitable services are provided.

1.3. Educational material - presentations, interactive materials, videos, homework, etc., placed in the learning management system.

1.4. Personal account is a unique account of the User in the learning management system, administered by the Benefactor and where the User gets access to Courses, Training materials, and other necessary information.

 

2.SCOPE OF THE AGREEMENT:

2.1.The Benefactor undertakes to provide the User with charitable assistance, which is to open the User's access to the Personal account in the learning management system and provide the User with access to the relevant Training Materials of the specified Course through his Personal account, and the User accepts the specified charitable assistance.

 

3.PROCEDURE FOR CONCLUDING A CONTRACT:

3.1. These Terms and conditions are concluded on the terms of the accession agreement (Article 634 of the Civil Code of Ukraine) and are considered concluded from the moment of committing implicit actions.

3.2. The user accepts the terms and conditions of use of the training platform by committing implicit actions – giving consent to the public offer and acceptance of these Terms and Conditions.

 

4.PROCEDURE AND TERMS OF PROVISION OF SERVICES:

4.1. Services are provided on the Internet by providing the User with access to the chosen Course (Study Materials) through the Personal account, which is administered by the Benefactor in the learning management system.

4.2. The Benefactor is not responsible if the User misses the seminar, webinar, other elements of the Course, designed for their perception by the User through his personal participation in the online broadcast.

4.3. The charitable assistance is received at the moment of the transfer of access to the User's Personal Account. The User consumes the services by viewing the Training Materials posted in the learning management system.

  

5.PARTIES’ OBLIGATIONS:

5.1.Benefactor’s obligations.

5.1.1.  To provide the User with charitable assistance.

5.1.2. To confirm the User's access to the learning management system by confirming the password and login to the Personal Account created in the learning management system (if necessary).

5.1.3. To provide the User with online support via email or chat, which will be created (Telegram, Slack) or another communication channel of the Benefactor’s choice. Online support may take the form of advice on how to use the functionality of the learning management system, online webinars (feedback sessions) that may be provided as part of the Course or in case other difficulties may arise for the User during the term of the Terms and conditions.

5.2.Users’s obligations.

5.2.1. To accept the terms of the public offer and these Conditions and Rules in order to access the training courses.

5.2.2. To consume services in person, do not transfer access to the learning management system, Course, Training Materials, class records to any third parties, do not copy or otherwise reproduce the Training Materials. In case of violation of this condition, the Benefactor has the right to terminate the contract unilaterally.

5.2.3. To upload completed tasks, as well as other materials in accordance with the requirements of the Course to the learning management system. The User provides the Benefactor with full and unrestricted access to the downloaded materials for the purpose of their inspection, storage, etc.

 

6.INTELLECTUAL PROPERTY RIGHTS:

6.1.All rights to the Website and the learning management system belong to the Benefactor.

6.2. The intellectual property rights to the Training Materials used in the learning management system, in particular, but not limited to, images, videos, logos, graphics, sounds, belong to the Benefactor.

6.3. The Benefactor may also use intellectual property rights that may belong to others on the basis of an appropriate license, contract, or other legal bases.

6.4. By granting the User the right to use the above mentioned objects for the purposes of these Terms and Conditions, the Benefactor does not transfer any intellectual property rights to such objects and does not grant permission for their use for purposes other than those specified in the Agreement.

 

7.LIABILITY:

7.1. In case of violation of the Conditions and Rules, the Benefactor has the right to terminate the contract unilaterally and restrict access to the learning management system and Training Materials.

7.2. The Benefactor may unilaterally terminate this Agreement and block access to the Training Materials and the learning management system in the event that the Distribution (or any reproduction) of the Training Materials is revealed publicly and (or) the access to the learning management system is transferred to third parties who are not Parties.

7.3. Violations may be detected by screenshots, software, or access to the Third Party Platform or any other reasonable means.

7.4. The Parties agree that in case of violation and/or actions aimed at violating the intellectual property rights of the Benefactor for the Course or elements of the learning management system by the User, the User bears civil and criminal liability in accordance with applicable law governing these issues.

 

8.SETTLEMENT OF DISPUTES:

8.1. In the event of a dispute, the Parties shall take measures for the pre-trial settlement of disputes.

 

9.TERMS OF THE AGREEMENT:

9.1. The Agreement is valid for 4 months from the date of the User's charitable donation in accordance with the Public Offer. Access to the learning management system and Training Materials of a specific course remains with the User without a time limit. If the User has not used the services during this period for personal reasons, the term of the Agreement is not extended.

9.2. The Benefactor has the right to unilaterally terminate this Agreement in the event:

9.2.1. non-fulfillment by the Party of its obligations under this Agreement;

9.2.2. in cases provided by the Agreement.

 

10.OTHER CONDITIONS:

10.1. By acceding to these Conditions and Rules, the User grants the Benefactor the right to collect, process and store his personal data for the purpose of carrying out statutory activities.

10.2. The Benefactor may amend these Conditions and Rules by publishing a new version of it on the website indicating the date of such version. In case of disagreement with the changed conditions, the User has the right to terminate the Agreement unilaterally.

10.3. Unless otherwise provided in these Conditions and Rules, the usual contractual terms established by law shall apply.