Public offer for paid services

This framework services agreement (the «Agreement») is an offer by Индивидуальный предприниматель Крицкая Мария Михайловна, INN 352831651118 (the «Company») to the recipient of this proposal — a natural person aged 18 or over (the «Client») — to enter into an agreement on the terms set out below; it is published on the website https://sports-talk.online. Under clause 2 of article 431 of the Civil Code of the Russian Federation (the «Civil Code»), this document is a public offer. Persons under 18 may receive the Company's services with the written consent of a parent or legal guardian.

The Agreement is concluded by ticking the box accepting its terms and pressing the corresponding button on the page of the website https://sports-talk.online provided for that purpose. Under article 434 of the Civil Code the Agreement has legal force and is equivalent to an agreement signed by the parties.

The Agreement, including the information on the cost of services that forms an integral part of it, is an accession agreement. Ordering and/or paying for the services is the fact that confirms acceptance of the terms set out below and constitutes acceptance of this offer. The person who ordered and/or paid for a service is recognised as a duly authorised Client.

The Agreement is deemed concluded from the moment of its acceptance and remains in force until the parties have performed all their obligations under it.

By entering into this Agreement the Client confirms that they have read, accept and agree to comply with its provisions.

1. Subject of the Agreement

1.1 The Company undertakes, on its own and/or by engaging third parties, to provide the Client and/or the Client's minor children whose authorised representative the Client is, at the Client's Order, with psychological services in accordance with the package chosen by the Client: «Session», «Course», «Online consultation» or other (the «Services»). Depending on the package chosen, the Services may include the psychologist communicating with the Client and/or with the Client's child, and optionally the provision of additional informational material. The list and the cost of the Services are set out in Annex No. 1 to this Agreement, which forms an integral part of it. The list of services provided does not fall into the category of medical services, and no statement by a psychologist may be regarded as a medical opinion (diagnosis).

1.2 The Client undertakes to pay for the Services provided to them and to use (consume) the Services in accordance with the requirements and terms of this Agreement.

1.3 The exclusive rights to all materials provided to the Client (video, audio, written and other), to the psychological-help methodology disclosed while the services are provided, as well as the rights to trademarks, service marks, the owner's names and trade names, industrial designs, patents and design (the «Intellectual Property») belong to the Company. The Client may use the Intellectual Property solely for personal use. The Client acquires no rights in the Company's Intellectual Property, may not transfer the Intellectual Property to third parties, including by making it publicly available on the Internet, and may not use it to derive profit.

1.4 Interaction and the exchange of documents between the Company and the Client take place through the information system hosted on the website at https://sports-talk.online (the «Information System»), as well as by email, by telephone and/or using Skype, WhatsApp, Zoom and similar software.

2. Rights and obligations of the parties

2.1 The Client shall:

• 2.1.1 Provide correct contact details belonging to them (telephone number, email address and others);
• 2.1.2 Pay for the Services in the manner set out in this Agreement at least 24 hours before the Service starts;
• 2.1.3 Provide the Company with all information needed to deliver the Services to the Client and/or their minor child as effectively as possible;
• 2.1.4 Ensure that, at the agreed time, the equipment on their side works for audio/video communication over the Internet;
• 2.1.5 Be available at the agreed date and time and/or ensure that the child is present for the session with the psychologist;
• 2.1.6 Give their consent to the psychologist communicating with the child;
• 2.1.7 Be present while the psychologist communicates with the child and check that the audio and video connection is technically sound. If the video image is distorted, the audio is delayed, or there are other faults that could give the child a wrong impression of the session, inform the psychologist immediately and, if necessary, interrupt the session.

2.2 The Client may:

• 2.2.1 Place an Order for the Services and refuse the Services on the terms set out in this Agreement;
• 2.2.2 Require the Services to be provided properly and in accordance with this Agreement;
• 2.2.3 Change or cancel the date/time of a Service (a consultation with a psychologist) no later than 48 hours before the previously scheduled time. Otherwise the Company is entitled to treat its obligation to provide that Service as performed and to charge the Client's funds accordingly. Exception: illness of the Client (or the child) supported by documents (a doctor's medical certificate) dated on the date of the missed session.
• 2.2.4 Reschedule or cancel previously scheduled and paid Services no later than 48 hours before the previously scheduled time, but no more than three times during the validity period of the paid Service.
• 2.2.5 Receive compensation in the form of an additional Session or Online consultation from the Company, or a discount on the Company's Services, if the Company's psychologist cancelled or rescheduled a Session less than 48 hours before the agreed time.
• 2.2.6 Exercise the other rights established by law and by this Agreement.

2.3 The Company shall:

• 2.3.1 Ensure the proper quality of the Services provided;
• 2.3.2 Provide the Services in the manner and on the terms set out in this Agreement and in accordance with the package chosen by the Client;
• 2.3.3 Provide the Client in good time with the information they need to perform their obligations under this Agreement properly;
• 2.3.4 Agree the time of the session with the psychologist with the Client;
• 2.3.5 Perform the other obligations established by law and by this Agreement.

2.3.6 The Company shall keep the information received from the Client confidential.

The exceptions are:

• a) Where the Client permits disclosure;
• b) In child psychotherapy (with minors under 18), where something threatens the life of the minor client, the psychologist may tell the parents (legal guardians) what is happening in the individual sessions with the minor, provided the minor consents to this. If the minor does not consent to the psychologist doing so, the sessions are discontinued;
• c) Where the psychologist is required by law to disclose confidential information (for example, where criminal proceedings are brought against the client, or where the client is urgently referred to a psychiatric hospital);
• d) Where the Client is referred to a doctor of another specialty (every doctor is bound by medical confidentiality);
• e) During supervision (presenting the course of work with a client to a more experienced colleague in order to find the most effective ways of helping the client);
• f) During intervision (presenting the course of work with a client in a professional group discussion with colleagues in order to find the most effective ways of helping the client);
• g) In teaching and academic work (this point is discussed as a personal request from the psychologist).

In cases e), f) and g) the client's first name and surname remain confidential, and the information about the client is altered enough to make them unrecognisable.

2.3.7 The Company is not liable for technical faults in the operation of the website or the educational platform. The Company makes every reasonable effort to prevent failures and faults in the operation of the Site, but does not guarantee uninterrupted operation and does not undertake to notify the Client of interruptions.

2.4 The Company may:

• 2.4.1 Accept or decline the Client's Order; the Company is entitled to refuse to provide the Services under this Agreement where circumstances are established that, in the opinion of the Company's psychologist, may be incompatible with providing the Services;
• 2.4.2 Engage third parties to perform its obligations under this Agreement at its discretion. Where the Company engages third parties to perform its obligations under this Agreement, it is liable to the Client for their acts as for its own;
• 2.4.3 Assign its rights and obligations under the Agreement to third parties, in whole or in part, at its discretion and without obtaining any approvals and/or permissions from the Client, provided that all the Client's rights to receive the Services under the Agreement remain in force;
• 2.4.4 Make audio/video recordings of the psychologist's communication with the Client and/or the minor child for security purposes and to improve and control the quality of the Services; the Company does not thereby pursue the aim of collecting information about the Client or any other person. If unlawful acts are discovered, the recording of the conversations may serve as evidence of them;
• 2.4.5 Replace the psychologist responsible for providing the Services to the Client at its discretion and without agreeing this with the Client;
• 2.4.6 Change the time at which the Services are provided to the Client unilaterally, subject to mandatory notice to the Client at least 24 hours in advance;
• 2.4.7 Refuse to provide a Service to the Client if the Client breaches clause 2.1.2 of this Agreement;
• 2.4.8 Treat a Service as fully provided if the Client breaches clause 2.2.3 of this Agreement, charging the full amount for the Service;
• 2.4.9 Treat a Service as fully provided once the validity period of the Service package under Annex No. 1 to this Agreement expires, charging the full unused balance without prior notice to the Client.

3. Cost of the services, payment and acceptance

3.1. The Service is offered in several formats listed on the Company's official website: https://sports-talk.online.

4.2. For particular formats of the Service the Client may pay an advance in order to reserve a place for the Company to provide the Service. The Client is notified that the advance is included in the cost of the Service and is deducted on full payment. The Client is also notified that if they refuse the Service the advance is non-refundable and the reservation is cancelled, because of the costs actually incurred by the Contractor.

4.3. The cost of the training is paid by bank transfer via the link provided by the Company on the website or in a messenger message sent from the Company's official number listed on the website https://sports-talk.online.

4.4. The Client's payment obligation is deemed performed at the moment the funds are credited to the Company's account.

4.5. The Services are provided to the Client, or to the Client's minor children whose authorised representative the Client is and for whose benefit the Client entered into this Agreement, paid the cost of the Service and completed the form on the Site containing the Client's personal data.

4. Liability of the parties and unilateral withdrawal from the Agreement

4.1 Liability of the Company

4.1.1 The Company is not liable for being unable to provide the Services where technical problems make normal audio/video communication impossible. The Company shall inform the Client that the Services cannot be provided at the agreed time as soon as possible. Where the Services cannot be provided to the Client because of technical problems (no connection), they are rescheduled to another time agreed with the Client.

4.2 Liability of the Client

4.2.1 The Client is not liable for being unable to receive the Services where technical problems make normal audio/video communication impossible. Where the Services cannot be provided to the client because of technical problems (no connection), they are rescheduled to another time agreed with the Client.

4.2.2 The Client is responsible for joining the audio/video session at the agreed time. If the Client is late, the time available for the service may be shortened.

4.2.3 The Client undertakes to pay for a Service at least 48 hours before it starts, in accordance with the schedule of Services agreed in advance between the Client and the Company. Otherwise the Company may cancel the Service automatically.

4.2.4 The Client undertakes to reschedule or cancel a Service no later than 48 hours before it starts under the previously approved schedule of Services agreed between the Client and the Company. Otherwise the Company is entitled to treat its obligation to provide the Service as performed and to charge the Client's funds accordingly. The exceptions are: illness of the Client (or the child) supported by documents (a doctor's medical certificate) dated on the date of the missed session, and unforeseen technical problems on the Client's side.

4.2.5 The Client undertakes to provide suitable conditions for the Services, free of extraneous noise and distractions that could affect them. It is not acceptable, for example, to receive the Services while the Client is in a car or out walking, or while third parties who may be a distraction are next to the Client. Otherwise the effectiveness of the Services may be compromised by the Client.

4.2.6 The Client undertakes to use the paid Services in full, or to request a partial refund of the unused funds for services not provided, within the validity period of the paid Service under Annex No. 1 to the Agreement. Otherwise the Company is entitled to treat its obligation to provide the Services as performed in full and to charge the Client's funds accordingly.

4.3 Unilateral withdrawal or change of an Order

4.3.1 The Client may refuse the Services and demand a full refund of their cost (less the bank fee) before the Services start. The Services are deemed to start at the Client's first interaction with the psychologist on the matter raised by the Client, including receipt of informational material.

4.3.2 The Company is entitled not to start providing the services, and to suspend services it has actually started, where the Client breaches their obligations under this Agreement, namely:

• incomplete (improper, late) payment;
• failure to provide the personal, registration or other data required to provide the services when completing the form.

4.3.3 The Customer is notified that the Client may withdraw from the Agreement at any time, both before the service starts and at any time while it is being provided, but not after the service has been provided in full (the Company has granted access to the Service). Services that the Company has fully provided by the time the Client withdraws from further performance of the Agreement are deemed provided and must be paid for at the price set by this Agreement.

4.3.4 If the Client refuses a Service, the Company refunds the amounts paid in full, less the material already covered, the cost of which is stated on the official website: https://sports-talk.online, and less the costs actually incurred.

The costs actually incurred, which are non-refundable, include:

• the cost of banking services (including bank fees);
• the cost of technical specialists;
• bonus lessons provided by the Contractor;
• other costs actually incurred.

The specific amount of the actual costs in each case is determined by the Company on the basis of the actual circumstances of the relevant refund request.

4.3.5 The Client is notified that a Service in the form of a webinar/workshop/seminar is deemed provided from the moment access is granted or the online event is held. A Service in the form of a closed club is deemed provided from the moment access to the community is granted. A Service in the form of training courses is deemed provided at the moment access to the last session is granted or the last session is held online. The Client is also notified that the first session of a training course accounts for 50% of the total cost of the Service, and the second session for 20% of the total cost.

4.3.6 The Company refunds the money for services not provided within ten days of the Client's request. The time it then takes for the funds to be credited to the Client's account depends solely on the handling, policies and speed of the servicing bank.

4.3.7 The Client is notified that, when money is refunded for services not provided, the fee charged by the bank when the Service was paid for on the website is non-refundable.

4.3.8. Where it is unable to provide the services, the Company may reschedule lessons, notifying students by email or through messengers.

4.3.9 The Company may block the Client's participation without a refund if the Client breaches the rules of conduct while receiving the Service under this offer, namely:

• inciting ethnic conflict,
• distracting participants from the topic of the course or webinar,
• spam,
• posting advertising that has not been agreed,
• obscene language, rudeness,
• general calls to distrust, or insults directed at the Company and at third parties engaged by the Company to provide the Service,
• insulting other participants.

The Contractor may block the Customer's participation under this clause either temporarily or until the end of the Service.

4.3.10 Consent to the processing of personal data (Privacy policy) and consent to receive informational and/or advertising messages (Consent to informational messages) may be withdrawn by the Client at any time after the agreement for paid online training services under this offer has been concluded, by sending the withdrawal to the Company's email address info@sports-talk.ru.

4.3.11 The Client is notified that if the Client withdraws from further performance of the Agreement and sends a written refund request to the Company's email address or messengers (WhatsApp), and the Company grants that request, the Company closes the Client's access to the Service.

4.3.12 The Company applies a zero-tolerance policy to abusive, unlawful or otherwise unacceptable user content and to abuse by users in the platform's interactive services (private and group chats, the club chat, comments and so on). It is prohibited to post insults, bullying, threats, incitement to hatred, harassment, spam, fraudulent, pornographic or otherwise unlawful content, or to act in ways that infringe the rights of other users.

The Client may report any user content or user through the platform, and may also limit unwanted interaction themselves (hide or block a user). The Company reviews the reports it receives and takes action within no more than 24 (twenty-four) hours: it removes unacceptable content and/or restricts the offender's access to the service concerned, up to and including blocking. Systematic or gross breach of this clause is grounds for blocking the Client without a refund under clause 4.3.9 of this offer.

5. Dispute resolution

5.1 All disputes and disagreements arising in connection with the performance of the agreement for paid Services concluded by the Client's acceptance of this offer are resolved by the Parties through negotiation. The pre-court procedure consists of the Client sending a written claim to the Company's email address info@sports-talk.ru.

6. Intellectual property rights and information security

6.1 The copyright and exclusive rights to the Service belong to Индивидуальный предприниматель Крицкая Мария Михайловна, unless another agreement has been concluded with third parties taking part in creating the Service. Moral rights such as the right of authorship, the right to a name and the right to the integrity of the work arise at the moment the Service is created and are perpetual.

6.2 The Client is notified that any adaptation of the Service is prohibited.

6.3 The Client is notified that any infringement of copyright — appropriating the right to a name or the right of authorship, or adapting the work — carries civil and criminal liability.

6.4 The Customer is notified that infringement of copyright is subject to a penalty of RUB 1,000,000 (one million roubles) plus damages, and that the Company may, at its option, require the infringer to pay compensation of between RUB 100,000 (one hundred thousand roubles) and RUB 1,000,000 (one million roubles) instead of damages.

The Client is notified that the burden of proving the absence of fault lies with the person who infringed the author's intellectual rights.

The Client is notified that where an author discovers, in information and telecommunications networks including the Internet, works protected by copyright and/or related rights (other than photographic works and works produced by methods analogous to photography) distributed in such networks without the author's permission or other lawful basis, or information needed to obtain them over such networks, the author may apply to the federal executive authority responsible for supervision in the field of mass media, mass communications, information technology and communications, asking it to take measures to restrict access to the information resources distributing such works or information, including to the computer program that provides access, in information and telecommunications networks including the Internet, to works protected by copyright and/or related rights (other than photographic works and works produced by methods analogous to photography) or to the information needed to obtain them over such networks (in this article, a «software application»).

The Customer is notified that part 1 of article 146 of the Criminal Code of the Russian Federation provides for criminal liability for infringement of copyright (plagiarism) where the act has caused major damage to the author.

The exclusive rights to the Service belong to Индивидуальный предприниматель Крицкая Мария Михайловна. The exclusive right runs from the moment the Service is created, throughout the author's life and for 70 years after the author's death, calculated under the rules of Russian law.

6.5 Handout materials may be used only in the following ways: storing them and applying them in professional practice. Video recordings may be quoted with attribution to the author of the Service, including in accounts, on websites, in messengers, on social networks and on the Internet.

6.6 Any adaptation of the Programmes, lessons, lesson video recordings or audio recordings of the Service, their translation into a foreign language, their conversion into a computer program, or the creation in any other way of new intellectual works based on the author's Service, is prohibited. Breach of this clause carries contractual liability, namely a penalty of 100% of the full cost of the Service and compensation for moral harm of RUB 100,000 (one hundred thousand roubles).

6.7 The Client is notified that if the Service is found on a file-sharing or «group-buy» site, the Company may request the email address of the site's owner and send that person a pre-court claim demanding payment of a penalty for infringing its copyright. If the claim is not satisfied, the Company may file a court action for compensation or damages.

7. Miscellaneous

7.1 This offer takes effect from the moment of its Acceptance and remains in force until the Services under it have been provided.

7.2 The provisions of this offer concerning the set of techniques in each lesson and the order in which they are delivered may be changed by the Company without agreeing this with the Client.

7.3 The Parties confirm that the information they exchange in preparing for, and in the course of performing, this offer is confidential.

7.3.1 The Client is notified of, and agrees to, the following: well-being and self-assessment indicators and other data generated when using the Sports Talk digital services, including the athlete's diary, may — once anonymised — be used for statistical, analytical and research purposes, including calculating and publishing the aggregate athlete well-being index «PULSE». Published results use only anonymised aggregate indicators; names, contact details, diary texts, the content of consultations and other information making it possible to identify a particular user are neither published nor passed on as part of the index.

By accepting the offer the Client consents to the processing of their personal data in accordance with Federal Law No. 152-FZ of 27 July 2006 «On personal data» (Privacy policy).

7.4 On matters not covered by this offer, the Parties are governed by the applicable law of the Russian Federation.

8. Conclusion, amendment and termination of this agreement

8.1 This agreement is deemed concluded from the moment the funds paid by the Client for the services they ordered are credited to the Company's settlement account and the form on the Site containing the Client's personal data required to provide the services has been completed.

8.2 The Agreement may be terminated early by agreement of the Parties or unilaterally in the cases provided for by the law of the Russian Federation.

8.3 The Parties may terminate the Agreement by mutual consent at any time before it has actually been performed.

Privacy policy · Consent to informational messages · Contacts and company details