This Public Offer is an official proposal from Individual Entrepreneur VIKTAR DZIATCHENIA, hereinafter referred to as the “Provider,” addressed to an unlimited circle of persons, to conclude an Agreement for the provision of paid information and consulting services on the following terms. This document constitutes a public offer in accordance with the applicable legislation of Georgia.
1.1. Offer — this public proposal from the Provider, addressed to any individual, to conclude an agreement for the provision of information and consulting services (hereinafter referred to as the "Agreement") on the terms contained herein.
1.2. Acceptance of the Offer — the full and unconditional acceptance of the terms of this Offer by the Client, effected by making a 100% advance payment for the Provider's Services.
1.3. Provider — Individual Entrepreneur VIKTAR DZIATCHENIA (Identification Number: 329333056), registered under the laws of Georgia.
1.4. Client — any capable individual who has accepted this Offer on the terms set forth herein.
1.5. Website — the collection of information, texts, graphic elements, design, images, photo and video materials, and other results of intellectual activity, as well as software, contained in an information system accessible on the Internet at the network address: victorpainer.com.
1.6. Course — a set of informational materials (video lectures, text materials, assignments, webinars, etc.) united by a common theme and presented in a specific sequence. Access to the Course is provided via the Website or another platform specified by the Provider.
1.7. Services — the provision of access to the Course materials and related support (if applicable) to the Client. The Services are divided into the Guaranteed Period and the Extended Access Period.
2.1. The Client's payment for the Provider's Services constitutes a full and unconditional Acceptance of this Offer, which signifies the conclusion of the Agreement between the Provider and the Client on the stated terms.
2.2. The Provider has the right to unilaterally amend the Offer. The new version of the Offer comes into force from the moment of its publication on the Website, unless otherwise provided in the new version. The provisions of the Offer that were in effect at the time of Acceptance shall apply to the relationship between the Provider and the Client.
2.3. The Provider shall provide the Client with complete information about the Course content, its program, cost, and duration of access on the Website.
3.1. The Provider undertakes to provide the Services to the Client by organizing access to the Course materials, and the Client undertakes to pay for these Services.
3.2. The name of the specific Course, its program, cost, and the term of access to the materials are indicated on the relevant page of the Website.
4.1. The cost of the Services under this Agreement is indicated on the Course sales page on the Website and may vary depending on the selected plan or tariff.
4.2. The Provider has the right to unilaterally change the cost of the Services until they are paid for by the Client.
4.3. The Provider is not permitted to change the price for a Course that has already been paid for by the Client.
4.4. Payment for the Services is made by the Client as a 100% prepayment using the methods specified on the Website.
4.5. The Client's payment obligation is considered fulfilled once the funds have been credited to the Provider's bank account.
4.6. To complete the payment, the Client will be redirected to the secure page of the payment processing service lava.top. The Provider uses this third-party service to process payments and does not collect, process, or store the Client's payment data (e.g., credit card numbers). By making a payment, the Client agrees to the terms of use and privacy policy of the payment processing service.
4.7. The Client agrees not to initiate a chargeback (dispute of the transaction via the bank) without first attempting to resolve the issue with the Provider. In the event of an unjustified chargeback initiated by the Client after the Services (access) have been provided, the Client accepts debt obligations to the Provider for the amount of the payment plus a penalty for administrative costs in the amount of 100 USD.
5.1. The Services are considered rendered from the moment the Client is granted access to the Course materials. Access is provided by sending a link and/or login credentials for a personal account on the learning platform to the email address specified by the Client during payment.
5.2. The Provider undertakes to grant access to the Course within 48 hours from the moment the payment is received from the Client.
5.3. Term of Access and Service Definition:
5.3.1. Guaranteed Period: The Provider guarantees the availability of the Course materials and technical access for a period of 2 (two) months from the date of payment. During this period, the Provider bears full responsibility for the functionality of the access.
5.3.2. Service Completion: The Services under this Agreement are considered fully rendered and accepted by the Client upon the expiration of the Guaranteed Period (2 months).
5.3.3. Extended Access ("Infinite Access"): Upon expiration of the Guaranteed Period, the Provider may grant the Client gratuitous (free of charge) extended access to the Course materials for an indefinite period.
5.3.4. The term "Infinite Access" or "Lifetime Access" used in marketing materials refers to the lifespan of the Course itself (the period during which the Provider maintains the Course on the Website), but in no case less than the Guaranteed Period. If the Provider decides to remove the Course or cease operations after the Guaranteed Period, the Provider’s obligations are considered fulfilled, and no refunds shall be made for the remaining time.
5.4. The Client is responsible for the accuracy of the data provided when placing the order (in particular, the email address). The Provider is not liable for failure to provide access if the Client has provided incorrect data.
5.5. Technical Requirements. The Client confirms that their equipment meets the minimum technical requirements for accessing the Course: stable Internet connection with a speed of at least 5 Mbps, an updated version of a web browser (Chrome, Safari, Firefox), and the ability to view video/audio content. The Provider is not responsible for the inability to access the Course due to the low technical quality of the Client's equipment or Internet connection.
6.1. The Provider has the right to:
6.1.1. Update, modify, or delete the Course materials, and change its content and structure at its own discretion without prior notice to the Client.
6.1.2. Suspend the Client's access to the Course in case of the Client's violation of the obligations set forth in this Agreement.
6.1.3. To engage third parties for the provision of Services under this Agreement, while remaining responsible to the Client for the actions of such third parties.
6.2. The Client is obliged to:
6.2.1. Pay for the Provider's Services in a timely and full manner.
6.2.2. Not copy, distribute, transfer to third parties, or use the Course materials for commercial purposes. All materials are the intellectual property of the Provider.
6.2.3. To adhere to the rules of conduct on the learning platform and in Course-related chats: to show respect to the Provider, curators, and other participants; to refrain from obscene language, messages that incite hostility, as well as from spam and advertising of third-party projects. In case of violation of these rules, the Provider has the right to immediately terminate the Agreement unilaterally and block the Client's access to the Course and chats without refunding the cost of the Services, regarding the withheld amount as a fine for violation of the terms of the Agreement.
7.1. The Services are provided on an "as is" basis. The Provider gives no guarantees that the use of information from the Course will lead to the Client achieving any financial, personal, or other results. All information is for advisory purposes only.
7.2. The Provider is not responsible for the inability to provide the Services for reasons beyond its control, including failures in the operation of the Internet, equipment, or software on the Client's side.
7.3. The Provider’s liability for any claims related to the availability of the Course cannot exceed the cost of the Services paid by the Client. The Provider is not liable for the termination of access after the expiration of the Guaranteed Period defined in clause 5.3.1.
8.1. All Course materials are the intellectual property of the Provider and are protected by the intellectual property laws of Georgia and international agreements.
8.2. The Client is granted a limited, non-exclusive, non-transferable license to use the Course materials solely for personal, non-commercial purposes for the duration of the access period.
8.3. Any copying, transfer to third parties, public display, or other use of the Course materials without the written consent of the Provider is a violation and entails liability under the applicable law.
9.1. All questions related to the provision of the Services shall be sent by the Client to the support email address specified in Section 12 of this Offer.
9.2. The Provider shall respond to the Client's inquiry within 3 (three) business days. Business days are Monday to Friday, 10:00-18:00 (Tbilisi time, GMT+4), excluding public holidays in Georgia.
10.1. Due to the digital nature of the Services and the immediate access provided to intellectual property (Course materials and software), all sales are considered final and generally non-refundable.
10.2. Waiver of Refund Right upon Access. The Client understands and agrees that their right to a refund is terminated at the moment the Provider grants access to the digital goods (the Course and/or the software). Granting access is defined as sending the Client login credentials to a personal account, links to the materials, or license keys for the software.
10.3. Software is Non-Refundable. The Client explicitly acknowledges and agrees that any software provided as part of the Course is a digital product that, once delivered (activated, downloaded), cannot be returned. The cost of the software license included in the Course fee is non-refundable under any circumstances once it has been provided to the Client.
10.4. A refund is possible only in the exceptional case that the Provider failed to grant access to the paid Course within the timeframe specified in clause 5.2 due to the Provider's own fault, and failed to resolve this issue within 7 (seven) business days of receiving a written notice from the Client.
10.5. To request a refund in accordance with clause 10.4, the Client must contact the support service at: painervictor@gmail.com.
11.1. All disputes and disagreements arising from this Agreement shall be resolved by the parties through negotiations.
11.2. Before applying to the court, the Parties are obliged to comply with the mandatory pre-trial claim procedure. The term for consideration of a written claim is 30 (thirty) calendar days from the date of its receipt.
11.3. If an agreement is not reached, the dispute shall be referred to the Tbilisi City Court (Georgia) for consideration in accordance with the substantive and procedural law of Georgia.
Firm Name: Individual Entrepreneur VIKTAR DZIATCHENIA
Legal Form: Individual Entrepreneur
Identification Number: 329333056
Registration Number and Date: 13/05/2022
Registering Authority: LEPL National Agency of Public Registry
Legal Address: Georgia, Dusheti region, village Grigolaantkari
Support Email: painervictor@gmail.com