This Agreement is an official offer (public offer) addressed to any individual, hereinafter referred to as the Customer, who agrees with all the terms and conditions (each provision of this Agreement is essential) of this public offer, by its full and unconditional acceptance. At the conclusion of this Agreement the Parties proceed from the fact that the Contractor has the necessary skills, knowledge and experience to provide paid services (hereinafter referred to as the Services), and the Customer has fully familiarized with the text of this Agreement (including all attachments) and the information provided about the services, understands their content and agrees with them, the Customer has been given an unlimited opportunity to clarify the information provided to him, – the Customer has been provided with all necessary and reliable information about the Services, which provided him with the opportunity to use them, – the Customer accepts the offer of the Contractor and accepts the information provided by the Contractor. The Customer accepts the Contractor’s offer and will make every effort to fulfill this Agreement in full, taking into account the recommended time of mastering the material, conscientious self-preparation and self-discipline.
Brigantina Group s.r.o. IČO: 24719410, address: Zdiměřická 2403/10, Prague, Czech Republic, hereinafter referred to as the Contractor, expresses its intention to conclude a Paid Services Agreement (hereinafter referred to as the Agreement) with the Customer, jointly referred to as the Parties, on the terms and conditions of this offer.
For the purposes of this Agreement the following terms are used in the following meanings:
Offer – this document published on the website https://drone.kiwi, containing the terms and conditions and grounds on which the Contractor provides the Customer with the Services, as well as all information materials detailing the terms of the services rendered by the Contractor, located on the website https://drone.kiwi, and any correspondence of the Parties preceding the acceptance of the offer;
Acceptance of the offer – full and unconditional acceptance of the offer by performing the actions specified in paragraph 2.2. of this Agreement. Acceptance of the offer is a way of conclusion of this Agreement;
Customer – an adult person who has made an acceptance of the offer and is a consumer of the Services under the concluded Agreement, or an authorized representative of a minor person who will be a consumer of the Services;
Service – a hardware and software complex that allows the Customer to get Access to the Content, and performs automatic processing and transfer of information to the Customer during Maintenance;
Personal Account – an additional functionality, which is a section of the Website that contains information about the Customer and other information, as well as provides an opportunity for remote interaction between the Parties under the Agreement, available to the Customer after authorization on the Website using the Customer’s login and password;
Services – information services to provide the Customer with access to the Content and/or Support;
Content – any information materials, including text, graphic, audiovisual and other materials, which can be accessed for the term of this Agreement using the Service when purchasing the Course;
Support – functional capabilities of the Service, allowing to receive feedback from the Contractor in the course of mastering the Course by sending tasks for the Customer, aimed at obtaining knowledge and skills on the structure/plan of the Course according to the schedule established by the Contractor (taking into account the estimated time of mastering), written and oral answers to the Customer’s questions within the framework of checking the Customer’s fulfillment of the received tasks (if any), as well as other informational support of the Customer during the course of mastering the Course.
Agreement – Agreement between the Customer and the Contractor for provision of Services, which is concluded by means of acceptance of the offer;
Website – a set of web pages placed in the Internet, united by a single theme, design and a single domain address space, including but not limited to the following domain name https://drone.kiwi;
Tariff – the cost of the possibility of access to information materials and services included in the cost of Services;
Course – the format of the Contractor’s rendering of the Service to the Customer for a fee, carried out by placing the Contractor in a closed section of the site of the learning platform (https://drone.kiwi) and/or the Site of providing access to the Content and/or Support.
Course page – an informative electronic page of the Website or other information resource in the telecommunication network “Internet” with full information concerning the plan, conditions, date, duration, place and cost of the Course, terms and format of rendering the Services.
Tutor – the Contractor or a third party (co-Contractor) engaged to control the terms of the Customer’s mastering of the Course, which timely, in good faith and with due diligence provides information support (within the framework of its function) to the Customer during the Customer’s mastering of the Course;
Confidential Information – any information directly or indirectly affecting the Parties.
Terms not disclosed in this Section may be used in this Agreement. In this case the interpretation of such term shall be made in accordance with the text of this Agreement, and in case of impossibility: first of all taking into account the materials placed on the Contractor’s website, and secondly – by the generally accepted meaning.
2.1 The Contractor shall provide and the Customer shall pay for the Services within the framework of the selected Course in the selected direction, the subject, duration and plan of which are defined in the annexes to this Agreement, as well as in the information materials placed in the relevant sections of the Website, but not limited to them.
The name and structure/plan of a particular Course, time (duration) of its completion (mastering), procedure, cost, other conditions shall be placed by the Contractor before the conclusion of this Agreement in the information and telecommunication network “Internet” on the appropriate page of the Site or the page of the Course.
Website or the page of the Course, which are an integral appendix to this Agreement.
The Contractor’s Services for the Course include:
– acceptance of payment for the Services, settlements with third parties,
– development of the structure/payment, schedule and other conditions of the Course,
– organizational support of the Course,
– conducting the Course,
– providing access to Content and feedback channels.
Participation in mastering the Course is carried out by means of synchronous/asynchronous learning: online viewing (viewing by means of information and telecommunication network “Internet”) of the Content, constituting in its complex the Course, as well as performance of the Contractor’s tasks, if such are provided by the Course program, the Contractor’s verification of their correctness by the Customer. The services rendered by the Contractor are not educational activities subject to licensing, not accompanied by final certification, awarding any qualification and issuing a document on education.
2.2 By payment the Customer expresses his full and unconditional acceptance of the terms and conditions of this Agreement (acceptance). In case of disagreement with any of the terms and conditions of this Agreement or commencement of the process of changing the terms and conditions of the Agreement by sending additions/amendments/complaints, the Customer shall not make payment until the Parties reach an agreement on the terms and conditions of the Agreement. In case of payment for the Services before that moment and/or refusal to perform/terminate this Agreement, the Customer shall bear the burden of negative consequences not subject to refund.
2.3 Only for the Services that have not been rendered are refundable, after deduction of transaction costs in the amount of 5%. If the Customer is a natural person (consumer), he is entitled to cancel the contract within 14 (fourteen) days from the date of purchase, without giving any reasons and without any penalty, in accordance with the provisions of Article 1, paragraph § 1829 of the Czech Civil Code. These provisions apply if the Customer, after accessing the educational platform, has only studied lesson 1.1 of the Course. Which is tantamount to the term – not used. When studying the Course beyond lesson 1.1 of the Course, it is considered that the Customer has used the purchased product/service. In this case the return is not possible.
2.4 The cost of services under the Agreement is reported on the Website and is the amount specified for a particular Course of interest to the Customer, in accordance with the tariff specified on the relevant page of the Website, Course page and/or other information resource.
3.1 To participate in the development of the Course, the Customer must leave an Application in the form posted on the Contractor’s Website or on the Course page, or register in myAlpari on the Website or on the Course page and make a payment, or make a payment without registration, indicating their data on the payment page.
3.2 To make an Application, the Customer must provide the following data: name and surname; contact e-mail; contact telephone number.
3.3 The Contractor confirms receipt of the Application, assigns an Application number and issues an invoice for payment (if the payment has not been made by the Customer on the Contractor’s website by means that do not require issuing an invoice).
3.4 The right to master the Course by the Customer arises from the moment of full payment for the Contractor’s Services.
4.1 Provide the Customer with the necessary information for making an Application, or purchase, or obtaining a Personal Account for participation in the Course and provide consultative support regarding the Services provided, the procedure and rules for making an Application or obtaining a Personal Account.
4.2 To organize and ensure proper quality performance of the Services provided in clause 2.1. of this Agreement in accordance with the information provision plan and tariff selected by the Customer when accepting the offer by payment.
4.3 To organize access to the Content, the Contractor undertakes to register the Customer in the account system of the Website, provide login and password to the Personal account (profile). From the moment of providing the said login and password, the Customer shall be deemed to have received full access to the Content (in this part the Service shall be deemed rendered), client and tutor support and all information posted on the Website – in case of a dispute between the Parties, he/she shall not be entitled to refer to the lack of familiarization with the Content or other information and access to the Support.
4.4 Provide the Customer with all necessary information materials in the form specified in the Course plan.
4.5 In case of lack of access to the Content due to technical failures of the Website, the Contractor is obliged to eliminate the failures or provide alternative access to the Content within 3 (Three) working days from the moment of receiving information from the Customer about the lack of access.
4.6 In case of changes in the terms and conditions of rendering the Services or mastering the Course (cost, date, time, etc.), notify the Customer at least 1 (One) calendar day prior to the commencement of such changes.
5.1 The Customer shall familiarize himself/herself with the date, time, cost, terms and conditions of the Course before submitting the Application, as well as with changes in these terms and conditions, with the current version of this Agreement.
5.2 When making an Application or accessing myAlpari for the provision of Services by the Contractor, fill in the necessary mandatory fields indicating the selected Course and the required information.
5.3 Pay for the Services on the terms and at the price valid for the relevant Course at the time of payment. The current conditions and costs, as well as information about promotions (special offers) are posted on the Provider’s website or the Course page.
5.4. independently and with the proper degree of self-discipline and integrity to master each stage of the Course, as well as to perform and submit to the Contractor for verification of tasks before the next stage of the Course, if the Course assumes the need to perform such a task.
5.5 Promptly notify the Contractor of any changes in his contact details in writing by means of a contact e-mail.
5.6. The Customer provides accurate information when registering on the Website and keeps this information up to date in myAlpari (profile), updates it independently within 3 (Three) calendar days from the moment of its change.
5.7 The Customer is obliged to properly independently and disciplined fulfill the tasks on preparation for the lessons and follow the plan and schedule of mastering the Course.
5.8 The Customer is obliged to strictly follow the tutor’s instructions when performing the assignments.
5.9. The Customer is obliged to ensure, independently and at his own expense, the availability of technical possibility to master the Contractor’s Course, as well as the possibility to receive the Services under this Agreement remotely, the availability of appropriate software on his personal computer.
5.10. The Customer has the right to notify the Contractor about the refusal to master the Course in the first 14 (fourteen) days after the purchase. In all cases of refusal to participate in the development of the Course, the Customer provides the Contractor with a written statement. In case the Customer notifies the Contractor about his refusal of the Services, the Contractor returns the money according to the conditions defined in clause 2.3 of this Agreement.
5.11. The Customer is obliged to observe order and discipline, not to create inconvenience for other participants of the Course by his/her actions/inaction, as well as not to interfere with the Course. In this case, the Contractor reserves the right not to allow the Customer to further Support or to limit online access
6.1 The Contractor has the right to unilaterally engage third parties at his own discretion to provide the Services, being responsible for their actions as his own, without further notification of the Customer and without obtaining his consent thereto.
6.2 The Contractor has the right to refuse to render Services to the Customer if the Customer provides knowingly incorrect (false) information. In this case the Customer shall be refunded the money according to the rules of cl. 2.3. of this Agreement.
6.3 The Contractor has the right to refuse to render Services to the Customer if the Customer during the training period has committed violations stipulated by the civil legislation and this Agreement, which give the Contractor the right to unilaterally refuse to fulfill the Agreement. In this case, the money funds shall be returned to the Customer according to the rules of cl. 2.3. of this Agreement.
6.4 The Contractor has the right to immediately terminate the provision of Services with the return of funds for the paid but not completed training according to the rules of cl. 2.3 of this Agreement, in case of aggression or disrespectful attitude of the Customer to the Contractor or third parties in the course of the Course.
6.5. to make photo and video shooting, screen recording, during the provision of the Services and use the materials obtained at its own discretion. The Contractor owns the exclusive copyright, as well as neighboring rights to the specified materials, their use.
6.6 The Contractor has the right to change the cost of the Services, the conditions of the Course, as well as other conditions. The Contractor shall notify the Customer of these changes by posting information on the Website or the Course page. In this case, the Customer’s paid Applications are not subject to revaluation.
6.7 Develop the terms and conditions of the Course and determine the number and composition of participants.
7.1 In case of training at the tariffs that include the participation of a tutor, in case of misunderstanding/unlearning of the passed material (the task is not completed more than 5 (Five) times) the Customer is obliged to notify the Contractor about it within 2 (Two) days. In this case within the framework of a separate agreement the Contractor can provide the Customer with additional paid consulting services, as well as change the plan of providing services under this Agreement.
7.2 The Customer has the right to demand from the Contractor to provide information:
– on issues related to the organization and ensuring proper provision of the Services provided for in Section 2 of this Agreement;
– on issues related to the fulfillment of this Agreement.
7.3 The Customer has the right to take the paid Course within the term set by the Contractor from the moment of receipt of payment for the Services to the Contractor’s account (or from the moment of payment for the gift certificate). After the expiration of this term, the Customer loses the opportunity to receive the Contractor’s Services or return the money.
8.1 The Customer shall pay for the Services specified in clause 2.1. of this Agreement in Euros in the amount set by the Contractor for a particular Course. The costs associated with the transfer of funds shall be borne entirely by the person making the payment.
8.2 The Customer shall pay for the Contractor’s services before the beginning of training in the amount of 100% prepayment (other payment procedure is possible in accordance with the terms of promotions (special offer), or granting a personal discount on the terms proposed in the Contractor’s marketing materials) by paying money to the Contractor in one of the following ways:
– by bank card;
– bank transfer to the Contractor’s settlement account;
– electronic money;
by other means upon prior agreement with the Contractor, including using Internet technologies that do not contradict the legislation, to the Contractor’s settlement account.
8.3 The moment of payment is considered to be the moment of crediting money to the account of the Contractor.
8.4 This Agreement shall have the force of an act on rendering services. Acceptance of the Services shall be performed without signing the corresponding act.
9.1 All rights to the intellectual property objects created before the conclusion of this Contract belong to their authors/right holders, who retain their rights. The Customer is obliged to respect the Contractor’s copyright on all received materials in accordance with the current legislation.
9.2 The Customer is forbidden to copy any video or text materials. The exception is training files available for downloading.
9.3 The Customer is prohibited to use the Content for commercial purposes, in its own name, to place it in the public domain, to transfer it to third parties.
9.4 The Customer is prohibited to transfer to third parties the login and password of access to the Site or Personal Account. Detection of the fact of access to the course materials of third parties is the basis for unilateral termination of this Agreement by the Contractor without refund.
9.5 The fact of conclusion of this Agreement is not considered by the Parties as confidential information.
9.6. The Parties undertake not to disclose the information received by the Parties in the course of fulfillment of their obligations under this Agreement, except for the cases when the Party is obliged to provide such information in accordance with the current legislation applicable to the Agreement, or a written consent to disclosure of such information has been obtained.
9.7 The Customer gives the Contractor the right to publish on the Website and social networks of the Contractor the works performed within the framework of training tasks, as well as the Customer’s feedback on the training process in order to familiarize third parties with the training process and in the course of presentations or promotions, with mandatory attribution to the Customer. The data provided by the Customer when placing an order on the Website will be used for attribution.
9.8 The Customer has the right to prohibit the Contractor from publishing the training works specified in clause 9.7 of this Agreement by informing the Contractor in writing in any form before the end of the Course.
10.1 The terms and conditions on which this Contract is concluded may be changed only by agreement of the Parties.
10.2 This Contract may be terminated by agreement of the Parties. On the initiative of one of the Parties, the Contract may be terminated on the grounds stipulated by the applicable Czech law. In case of termination of the Contract before the beginning of the training, the Contractor shall return to the Customer the payment for the course minus the actual expenses of the Contractor according to the rules of cl. 2.3 of this Agreement.
10.3 Cancellation or replacement of the Course is made upon the Customer’s application in electronic form.
10.4 In order to change the Course or tariff, it is necessary to contact the Contractor to agree on its conditions. The Contractor is bound by the obligation to fulfill the Customer’s request and leaves the decision at its discretion, in particular, the issue of refunding the difference in the cost of the tariff or Course is decided in each case individually, taking into account the prevailing circumstances.
10.5 The refund shall be made within 10 (Ten) days from the day following the day of termination of this Contract.
10.6 The Contractor shall have the right to refuse to fulfill the Contract if the Customer has violated any of the assumed obligations under this Contract.
10.7. The Contract shall be deemed terminated from the date of receipt by the second party to this Contract of a notice in due form of the first party’s refusal to fulfill the Contract.
11.1 In case of non-fulfillment or improper fulfillment of obligations under this Contract by the Parties, they shall bear responsibility provided for by the civil legislation and this Contract.
11.2 The Customer agrees and acknowledges that the actions performed with the use of authentication data (login and password) in myAlpari, as well as sending an electronic document containing an image of his/her signature, generate legal consequences similar to the use of personal signatures.
11.3 The Contractor does not guarantee the absence of malfunctions and errors in the operation of the Website, as this is a circumstance beyond its will and control.
11.4. The Parties shall be released from liability for non-fulfillment and/or improper fulfillment of obligations under this Agreement if such non-fulfillment was caused by force majeure circumstances beyond the control of the Parties, which, among others, include natural disasters, fires, man-made accidents and catastrophes, accidents at engineering facilities and communications, mass riots, military actions, terrorist acts, riots, civil unrest, strikes, regulatory acts of state and local authorities preventing the Parties from fulfilling their obligations under this Agreement, i.e. extraordinary and insurmountable under the given conditions circumstances that occurred after the conclusion of this Agreement. The Party referring to the impossibility of fulfillment of obligations due to the occurrence of force majeure circumstances shall immediately notify the other Party thereof. The fact of occurrence of force majeure circumstances shall be confirmed by the relevant competent organizations.
11.5 The Contractor shall not be liable for the Customer’s inability to participate in the mastering of the Course, arising for reasons beyond the control of the Contractor, for the inconsistency of the provided Services with the Customer’s expectations and/or his subjective assessment (such inconsistency with expectations and/or negative subjective assessment are not grounds to consider the Services rendered poorly or not in the agreed amount, form and content). No information, materials and/or consultations provided by the Contractor as part of the provision of services under this Agreement may be considered as guarantees. Decision-making based on all information provided by the Contractor is the sole responsibility of the Customer. The Customer assumes full responsibility and risks related to the use of information and materials provided by the Contractor within the framework of fulfillment of its obligations under this Contract. All information (indicators, figures, achievements), which are demonstrated on the website, do not guarantee that the Customer will have the same or similar result.
11.6 All disputes arising between the Parties shall be settled by negotiations.
11.7 The Parties have agreed that the claim (pre-trial) procedure for settlement of disputes arising out of the execution of this Contract shall be obligatory for them. Claims under this Contract may be sent by the Parties exclusively in writing or electronically and shall be subject to consideration within 10 (Ten) calendar days starting from the day following the day of actual receipt of such letter.
11.8 If the Parties fail to settle the dispute in a pre-trial procedure, it shall be referred to the Arbitration Court of Prague, Czech Republic.
12.1 This Contract shall come into force from the moment of acceptance of the Contractor’s offer by the Client and shall remain in force until the Parties fulfill their obligations in full.
12.2 The Contractor reserves the right to amend this Contract at any time at its own discretion, such amendments shall take effect from the moment of posting the amended text of the Contract, unless another term for the entry into force of the amendments is additionally defined in the text of the publication.
12.3 The Parties consider the Course mastering completed and the terms of the agreement fulfilled in full, if the Customer was provided with access to the Course Content and/or tutoring support, the Customer was able to perform tasks and receive tutoring support in accordance with the selected tariff and the Course, for the period of the Course mastering according to the tariff plan.
12.4 In case the Customer becomes aware of illegal realization of the Contractor’s copyrighted materials by third parties, he undertakes to immediately inform the Contractor about it.
12.5 This Agreement contains the entire scope of agreements between the Parties with respect to the subject matter of this Agreement, which cancel and invalidate all other obligations, agreements, discussions or representations that may have been accepted or made by the Parties in an oral or written form prior to the conclusion of this Agreement.
orally or in writing prior to the conclusion of this Contract.
12.6 Each of the Parties is obliged to notify the other Party in due time about the change of its details, and bears the risk of incurring losses due to such failure to notify.
12.7 Electronic document flow between the Parties under this Agreement shall have legal force equal to the legal force of usual written document flow, except for the cases specified in this Agreement and requiring compliance with the written form.
12.8 The documents and information sent by e-mail, messengers shall be deemed received by the other Party on the day of their actual receipt, and the time limits, the duration of which depends on the time of receipt of the document by the Party, shall start to be calculated from the next day.
12.9 Electronic documents, in accordance with this Agreement, may be fully used to confirm concluded and performed transactions, legal relations of the Parties, including may be used as evidence in law enforcement bodies, arbitration court, judicial bodies, during consideration of disputes on civil law transactions, etc., as well as confirm their validity and legal effect.
12.10. The Parties have agreed that in all other matters not provided for in this Agreement, the norms of the applicable Czech law shall apply.
Company: Brigantina Group s.r.o.
IČO: 24719412
Address: Zdiměřická 2403/12, Prague, Czech Republic
Phone: +420 608-79-13-13
Director: Alexander Belogaev
