Public offer agreement for the provision of services

1. Terms and Definitions

Public Offer (hereinafter referred to as the "Offer", "Agreement") is a public offer addressed to an unlimited number of individuals to conclude an Agreement on the terms and conditions contained in this Offer.

Acceptance - full, unconditional and unconditional acceptance by the Future Buyer/Buyer of the terms and conditions as set out in the text of this Offer.

Site - a set of electronic (digital) information - program code and original text, images, audio and video files, icons, links, graphics, design, marks and goods and services and other intellectual property rights, as well as protection marks, interconnected and structured within the addresses of sites on platforms accessed via the Internet, located at https://online.lerus.com/.

Online Training Course shall mean an information and educational product (training course) posted on the Website, consisting of a coherent and formed presentation of information by means of a phonogram, text, graphics, video, audiovisual or any other materials that constitute the content of the online training course, one or more topics of the area of seafarers' training determined by the Buyer. The characteristics of the Course are specified in the relevant Course Offer.

Information and Educational Product means an initial online Course, access to viewing of which is provided by the Seller to the Buyer.

Seller – ENTERPRISE "LERUS TRAINING" (hereinafter referred to as the Offerer), registered in accordance with the procedure established by the current legislation of Ukraine in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organisations, which sells the Information and Educational Product through the Online Course Page of the Website.

Future Buyer - an individual who has ordered an Information and Educational Product without payment.

Buyer - an individual who has placed an Order for an Information and Educational Product, paid for it and provided the Seller with individual information about himself (surname, name, patronymic, e-mail address, telephone number).

Order - a duly completed registration form on the Website. The registration form shall be filled in by the future Buyer by providing individual information - surname, name, patronymic, e-mail address, telephone number, in the relevant sections of the form.

Payment of the Order - payment by the Buyer of the cost of the information and educational product specified on the Website through the payment system of the Website.

Student's Personal Account - a page on the Website through which the Buyer is granted access to view the online Course/Courses.

2. Rules

The information posted on the Website may be used only if all the requirements of this Public Offer Agreement are met, so please read the Public Offer Agreement (hereinafter referred to as the Agreement) carefully, which defines the procedure for ordering, purchasing and viewing the Course(s).

Each Party warrants to the other Party that it has the necessary legal capacity and capacity to act, as well as all rights and powers necessary and sufficient for the sale and purchase of the information and educational product.

If you do not agree with this Agreement, please refuse to place an Order and use the Website.

3. Subject of the Agreement

  • 3.1. The Seller transfers to the Buyer, and the Buyer accepts and pays for the information and educational product, namely access to viewing the online training Course/Courses posted on the Website, followed by testing the Buyer based on the results of the completed online training course and obtaining the relevant certificate.
  • 3.2. The Seller reserves the right to amend this Agreement unilaterally by posting a new version of the Agreement on the Website, and therefore the Buyer undertakes to regularly monitor changes in the Agreement posted on the Website.

4. Ordering and Acceptance of the Offer

  • 4.1. The acceptance of this Offer is the placement by the Buyer of the Information Product Order by filling out the registration form on the Site and payment through the payment system of the Site.
  • 4.2. By using the Site and ordering the services offered on the Site, the Buyer accepts the offer - concludes this Agreement with the Seller.
  • 4.3. After payment of the Order, the Seller sends the Buyer to the e-mail specified by the Buyer in the Order, access data, namely the login and password to the personal account of the student on the Site, through which the Buyer gets access to view the online Course / Courses. Gaining access by the Buyer to the personal account of the student on the Site is a fact of confirmation of the fulfillment of the Buyer's obligations under this Agreement.

5. Rights of the Future Buyer/Purchaser

  • 5.1. The Prospective Buyer/Buyer has the right to get acquainted with the information about the Course/Courses, their content, cost, etc. before placing an order and making payment.
  • 5.2. To cancel the information and educational product before paying for the information and educational product. The Buyer's unilateral withdrawal from this Agreement after payment for the information product is not allowed.
  • 5.3. In case of successful completion of the online training course, the Buyer has the right to receive a certificate confirming the completion of such a course.

6. Obligations of the Future Buyer/Purchaser

  • 6.1. Provide complete, detailed and correct information in the registration form. If the Prospective Buyer provides inaccurate or incorrect information in the registration form, the Seller has the right to cancel the registration and delete the data or restrict the Buyer's access to the personal account of the trainee and viewing the Course/Courses.
  • 6.2. Pay for the ordered information and educational product using the payment method selected in the Payment section and go to the personal account of the trainee on the Website to view the ordered Course/Courses.
  • 6.3. Ensure the confidentiality of the access data to the personal account of the trainee on the Website, do not disclose or transfer them to third parties. The Buyer shall be liable for any actions of third parties if they are carried out using the data for access to his personal account on the Website.
  • 6.4. In case of changes in the data of the Future Buyer/Buyer specified in the registration form, the Future Buyer/Buyer shall update them on the Website.

7. Seller's Rights

  • 7.1. Receive payment for the information and educational product in a timely manner and in full.
  • 7.2. To make changes to the list of Courses, their descriptions, etc. posted on the Website.
  • 7.3. If the Buyer tries to harm the stability and security of the Website or violates its obligations under this Agreement by its actions, the Seller has the right to immediately and without notice restrict or suspend the Buyer's access to the personal account of the trainee on the Website and to view the Course/Courses, as well as to terminate this Agreement.

8. Obligations of the Seller

  • 8.1. To inform the Future Buyer/Buyer of the necessary and reliable information about the information and educational product by posting it on the Website.
  • 8.2. Provide the Buyer with the right to access the personal account of the trainee on the Website within 24 hours after the Buyer has paid for the information and educational product and viewed the online Course/Courses, according to the Buyer's order.
  • 8.3. Provide technical support for the Website's performance and provide feedback to the Buyer by e-mail: support@lerus-online.com and by phone: +38 048 729 91 21.
  • 8.4. In case of successful completion of the online training course by the Buyer, issue the latter a relevant certificate of completion of such a course.

9. Cost of the Information and Educational Product and Payment Procedure

  • 9.1 The cost of the information and educational product is indicated by the Seller on the Website.
  • 9.2 The Buyer shall pay for the information and educational product by bank transfer, through the payment system of the Website, in the form of 100% prepayment.

10. Processing of Personal Data and Confidentiality Conditions

10.1 The Buyer agrees to the use and processing of his personal data (personal data of his employees) for administrative, legal and commercial purposes. Consent is granted in respect of personal data to perform any actions permissible in accordance with the law and necessary for the performance of this Agreement, including:

  • collection, systematisation, storage, clarification (updating, changing), use, transfer (provision, access), including cross-border transfer, depersonalisation, blocking, destruction;
  • with or without the use of automation tools as a means of processing personal data.

At the same time, the Buyer agrees to transfer his personal data to third parties to the minimum extent necessary to comply with the requirements of the law and these contractual obligations in compliance with the requirements of applicable law.

11. Responsibility of the Parties

  • 11.1 The parties shall be liable for non-fulfilment or improper fulfilment of their obligations under this Agreement in accordance with the current legislation of Ukraine.
  • 11.2 The information and educational product and all related materials are provided "as is", without any warranties, express or implied. The Seller does not provide any warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights, as well as warranties arising from business relationships or customs of trade.
  • 11.3 To the maximum extent permitted by law, the Seller shall not be liable for indirect, incidental, actual, indirect or direct damages, directly or indirectly lost profits or loss of income, loss of data, performance or other intangible values associated with the purchase by the Buyer of the information and educational product and the use of the information received in its activities.
  • 11.4 The Buyer agrees that the disclaimer of warranties and limitation of liability set out in these terms and conditions reflect a reasonable and fair allocation of risks.
  • 11.5 All materials posted on the Site, including but not limited to online Course recordings, are subject to the exclusive rights of the Seller and the copyright holders.

12. Force Majeure

  • 12.1 The Parties shall be released from liability for full or partial failure to fulfil their obligations if such failure is caused by circumstances beyond the control of the Parties, namely: military operations, natural disasters, man-made and other accidents, strikes, lockouts, acts of government or administration, etc., which make it impossible to fulfil the terms of this Agreement (hereinafter referred to as Force Majeure).
  • 12.2 Force majeure shall apply and the Party for which it has occurred shall be released from liability for breach of the terms of this Agreement, provided that there is a written confirmation of the occurrence of force majeure issued by the CCI of Ukraine.
  • 12.3 The Party for which the said circumstances have occurred shall immediately notify the other Party and provide the relevant supporting documents.
  • 12.4 From the moment of receipt of such notification by the other party, the fulfilment of the terms of this Agreement shall be suspended for the entire period of Force Majeure.
  • 12.5 In the event of Force Majeure for more than 3 (three) months, each Party has the right to initiate termination of the Agreement.

13. Validity of the Offer

  • 13.1 This Offer comes into force from the moment it is posted on the Site and is valid until its withdrawal by the Seller.
  • 13.2 The Seller has the right to amend the terms of the Offer at any time and/or withdraw the Offer at any time at its sole discretion.
  • 13.3 This Agreement may be terminated early:
    • At any time by agreement of the Parties;
    • At the initiative of the Seller unilaterally.

14. Seller's Details

Beneficiary: ENTERPRISE “LERUS TRAINING”

ID tax number: 38350797

Address: Office 41, 23 Chernomorskogo Kazachestva Street, Ukraine, 65005, Odessa

Account: UA 15 300658 0000026000034100514

Bank: PIRAEUS BANK ICB, JSC, Kyiv, Ukraine

SWIFT: ICBIUAUK

Correspondent bank: PIRAEUS BANK SA, Athens, Greece

SWIFT: PIRBGRAA