Accession Agreement (Public Offer)

Use of the SmartExpertUA platform, the website https://lms.smartexpert.net/ and other project websites (the ‘Website’), and use of the products and services offered on the platform and Website (the ‘Services’), are governed by a legal agreement between you, the website user, and us, SmartExpert (the ‘Website Administration’, ‘us’ or ‘we’). This document describes the main provisions of that agreement and certain individual terms. This agreement for access to the SmartExpert platform (the ‘Agreement’) is concluded between YULORN LLC (‘SmartExpertUA’) and the individual or legal entity accepting its terms (the ‘User’). In addition to the General Terms, your agreement with SmartExpert includes Additional Terms of Service published directly on the product or service description page or in a legal notice relating to the Services (the ‘Additional Terms’). The General Terms and Conditions and Additional Terms (the ‘TERMS’) constitute a legally binding agreement governing the provision of Services and use of the website. This Agreement is publicly available online at https://smartexpert.net/.

To use the Services, you must agree to the Terms. You may not use the SmartExpert UA platform’s Services before accepting the Terms. You may accept them in the following ways:

(A) by taking an action indicating acceptance of the Terms, such as clicking a button, selecting a checkbox or performing a similar action on the platform or website’s service order page; or

(B) by actually using the Services. In this case, you agree that we will treat your use of a Service as acceptance of the Terms. By using the project website or services offered through it, you accept all the stated terms. If you disagree with the published General Terms and Conditions or Additional Terms, you may leave the website and stop using the Services. SmartExpert UA may unilaterally amend these Terms at any time.

The subject of the Agreement is use of the platform, website and Services offered at https://lms.smartexpert.net/ and other SmartExpertUA project websites. Rules for using the website’s services and materials apply. Any person who accepts the Terms and uses the website and Services may be a User. To receive paid services, you must have full legal capacity and be at least 18 years old.

Additional Terms

Because we provide many different services, some may be subject to Additional Terms of Use and restrictions. These are set out in the relevant website sections, during ordering of ‘information products’, or in legal notices sent to you (the ‘Additional Terms’). The Additional Terms form part of your agreement with us for the provision of services and use of the website. We reserve the right to introduce additional conditions for using the website and related services.

The scope of Services available to you depends on the service package purchased. If you use services or materials provided free of charge in publicly accessible website sections, you will receive only basic information about the topic of interest. Purchasing a paid service package or booking participation in an event gives you more detailed information and access to the website’s paid content and services. Please note that some prepaid service packages provide simultaneous access to several services and learning programmes or courses. Where this is not included, you must purchase a separate package to receive information materials for additional learning programmes. Some learning programmes require independent study and completion of assignments or homework that form part of the service provision process.

Service Prices and Charges

The price of services you purchase may be published on the product page or website, or specified in an official written notification sent to the email address you provided when registering or placing an order.

The procedure for placing an order and concluding the corresponding transaction or agreement depends on the product or service package and payment method you choose, and on whether you are ordering Services for the first time or already have an account. Registering on the website, subscribing to the newsletter, placing an order and paying for a Service by entering payment details require prior acceptance of this Offer and our Privacy Policy. To confirm acceptance, select the relevant checkbox in the data collection form beside ‘I have read and accept the Terms of Service and Privacy Policy’.

When the Agreement Is Concluded

By visiting the website and using free materials and services in its publicly accessible sections, you enter into a content licence agreement with us. SmartExpert UA grants you a non-exclusive, non-sublicensable licence to use SmartExpert UA Services. The licence applies worldwide and permits use of content and courses under this Agreement for its duration, solely in the ways technically supported by, and within, the SmartExpert UA platform. The parties understand that your use of platform content and courses may be free of charge or paid. Accordingly, the licence described here may also be free or paid, in an amount equal to the price of access to the relevant content and/or courses. If you pay for an order without using an electronic payment processing system, the Agreement is concluded when you pay the invoice or electronic invoice we issue.

Purchasing Multiple Products or Additional Services

You may purchase one or more services at the same time, paying for the package in a single payment or by subscription.

Correcting Input Errors

When registering or ordering services, you may interrupt the ordering process at any point and correct input errors before completing registration, ordering and payment for services, tickets or other items. You may also contact us at any time to report errors.  

Services or prepaid service packages purchased through the website may be provided for a specified period, with a fixed service term. In that case, provision ends automatically when that period expires; you do not need to take any action to terminate it.

When booking services, you order SmartExpert UA products and services at a discounted special price. You pay the booking charge and secure the price available when booking. The remaining balance must be paid within the period stated in the offer published on the sales page. The booking payment is an advance payment credited towards the services. If you do not pay the full price within that period, we will refund all money received, but you lose the right to purchase the products and services at the special price. You may still purchase them at the regular price published on the website. If you have used services before paying in full, for example by accessing one or more lessons, the price of services already provided will be deducted from the refund under our Refund Policy.

Prepayment

When purchasing a service package or a ticket to an in-person event, the price of the ordered services is charged in a single payment during checkout, after you successfully enter your payment details in the payment system’s form. SmartExpert UA notes that we do not collect or process any banking and/or financial information relating to your purchase of a package under the selected plan. You make all payments through the web interfaces of financial institutions authorised to provide those services.

Failure to Meet Payment Obligations

We reserve the right to bring claims for failure to comply with the established payment terms. If funds cannot be charged to your payment card or a subsequent payment cannot be made, we may decline to begin providing Services or suspend them until they are properly paid for.

Available payment methods are listed on the website. If paying by bank transfer, you must notify us of payment and email images of documents confirming payment for the services listed on the website. You understand that paying by bank transfer confirms your acceptance of the Terms of Service. If a payment fails through your fault, for example due to insufficient funds or an exhausted credit limit, and we incur additional fees or other costs, we reserve the right to charge your card additionally or account for the costs actually incurred. We may change the payment method for a purchased product at our discretion at any time and/or withdraw a previously offered payment method while offering alternatives.

Cancellation Policy

After placing and paying for an order, you may, in each individual case, decline a Service and request a refund. You may decline paid services by notifying us within the prescribed period. The date we receive your request also affects eligibility for a refund and the deductions associated with it. You understand and agree that if you have already started using services during the relevant period, on cancellation we will deduct the price of services actually provided by the time we receive your refund request.

Refund Procedure

To cancel services and request a refund, email ulearn.com.ua@gmail.com or contact support using the telephone number shown on the website. We will confirm receipt by emailing the address provided when you ordered. You must supply the full name and email address used for the order, the Service name, course or package, order date, payment information, reasons for cancellation and any other necessary information. You understand that if you do not provide the required information, we may refuse a refund and decline to consider your request.

Consequences of Cancelling Services

If you submit a refund request within the stated period, we will refund you within fourteen (14) days of receiving it. We will use the same payment method you used to pay for the services. All additional bank and payment-system fees associated with the refund will be deducted. If you did not use services, attend an event or view available lessons for reasons not attributable to us, or cancelled in breach of the terms and established procedure, we will not refund the price of those services.

Special Cancellation Terms and Additional Refund Guarantees

We reserve the right to establish different cancellation rules for individual Services or offer additional unconditional refund guarantees by publishing special cancellation terms on the product sales page.  

Depending on the services or package ordered, you receive access to certain content, including information and learning materials, whose copyright and related rights are protected by law or in any event belong to us, irrespective of registration or territory. We grant you a non-exclusive, non-transferable right, or limited licence, to use the content for non-commercial purposes under this Agreement throughout the service term, unless the membership package or subscription states otherwise. Photography and audio or video recording of any learning activities, including seminars, webinars and in-person events, are strictly prohibited. If you breach this requirement, you will not be permitted to receive services.

Use of Intellectual Property

All materials on this and other project websites, and materials provided to you when delivering paid services or content, are protected by copyright, with exclusive usage rights belonging to SmartExpert UA. Your right to use website content and materials, or materials received through the Services, is limited to personal, non-commercial use; other use is not permitted. Copying, modifying, using all or part of, publicly reproducing or distributing website materials or materials supplied during paid services, or using content commercially without the right holder’s written permission, is strictly prohibited and punishable by law. The trademark and its image are registered and belong to us. All rights are reserved. You agree not to reproduce, duplicate, copy, sell, exchange or resell Services for any purpose unless the copyright holder has granted that right in a separate written document, such as an agreement, and not to use other intellectual property without our written consent. Infringement of copyright and related rights is prosecuted under the law of the country where services are provided and international law, and entails civil, administrative and criminal liability.  

Statutory Provisions

Applicable consumer protection legislation requiring services of appropriate quality governs the resulting relationship irrespective of the General and Additional Terms. Your statutory consumer rights may not be reduced under any circumstances.

Warranty Disclaimer

We do not guarantee that using SmartExpert UA services will produce financial or any other results. Information supplied through paid and free website materials is advisory only. By purchasing paid services or using free content, you agree that you use the content at your own discretion and bear sole responsibility. SmartExpert UA is not liable for possible lost profit, reputational damage or other risks arising from use of website materials. Results from applying the website’s strategies and recommendations depend on many individual factors and specific circumstances, including your learning ability, diligent completion of homework, the advice and strategies you receive, and the business environment, markets and economic fluctuations when you apply the strategies and knowledge. Different users may achieve substantially different results using the same services. Case studies and success stories on the website show the results of particular companies or individuals and do not promise or guarantee that you will achieve the same results, even if you copy their strategies and actions to achieve particular financial or other outcomes. By using the materials, you waive legal proceedings and other claims against us concerning results obtained through the content and services. You understand that disagreement with the materials, methods or learning programme content does not constitute grounds for a refund.

Limitation of Liability for Published Content

You are responsible for the content and materials you publish on our platform or in chats while using SmartExpert UA services. We are not responsible for, and do not monitor, the content you publish.

Compliance with the Law

When publishing your own content, you must comply with the laws of your country of residence. Pornographic or sexual materials, or materials promoting violence, sadism, discrimination, threats or defamation, are prohibited in all cases. Your content must not infringe third parties’ rights, including proprietary and personal non-property rights and intellectual property rights such as copyright, trademarks and trade names. In particular, you must respect third-party rights when posting comments, reviews, profile pictures or other photographs. We may delete or move any content you publish at any time if we consider that it infringes third-party rights or legal requirements. If you violate these principles when publishing content, we may issue a written warning, temporarily block your account and suspend services, or unilaterally terminate the Agreement.

Compensation for Losses

If you breach the Terms, you must compensate us for all losses arising from third-party claims concerning rights you have infringed. We retain the right to bring claims against you for damages and other claims by way of recourse.

The Terms remain in force until SmartExpert UA changes or withdraws them. Termination or cancellation of these Terms does not affect any legal rights or obligations applicable to you and SmartExpert UA that arose before termination.

The agreement for access to the SmartExpert UA platform or use of the website and its materials is concluded for an indefinite period and remains in force until terminated by you or us. A service agreement relating to free services and/or purchase of a prepaid package continues until both parties have fulfilled their obligations. A service agreement relating to a paid subscription continues for the subscription period and is extended for the relevant period if the subscription is renewed or automatically renewed.

You may stop using the website and services at any time without giving a reason. To stop using paid services, notify user support through one of the contact channels listed on the website. Please note that cancelling services or terminating the Agreement removes access to all purchased content and available services. If you still have an active subscription or access to a purchased package at termination, payments made for SmartExpert UA services are not refundable, including the price of services not actually used. We may terminate the legal agreement with you without giving a reason by providing written notice at least two (2) weeks before the planned termination date. In any event, the Agreement cannot be terminated before the minimum paid subscription period or its term expires. We may terminate our agreement with you at any time if:

• you have breached a provision of the Terms or acted in a way clearly indicating unwillingness or inability to comply with them; or
• we are required to do so by law, for example if providing services to you is or becomes unlawful.

If SmartExpert UA stops providing Services in the country where you reside or use them, or if you attempt to interfere with the website, servers or other automated SmartExpert UA systems, seriously breach the Terms, or we suspect such conduct, we may suspend or completely block your access to the website and Services.

Unilateral Termination for Good Cause

Either party may unilaterally terminate the Agreement for good cause. In particular, we may cancel your account and terminate the user agreement or cancel your subscription immediately if you repeatedly breach the Terms of Service or these General Provisions, Rules and Conditions, or have outstanding service payments.

By using the website or Services and completing registration forms, you accept our Privacy Policy and consent to collection and processing of your personal data on the stated terms. If you disagree, stop using the website. We process your personal data under our Privacy Policy, whose current version is always available on the website. These provisions govern collection, processing, use and protection of your personal data.

We may amend or supplement these General Terms by publishing a notice and revised General Terms on this page. We recommend checking this page and the last-updated date at its top frequently. If the Additional Terms change, we will publish a new version directly on the product description page. If you do not object to the new General Terms and continue using the Services, you are deemed to have accepted the new Terms. You understand and agree that using Services after changes to the General or Additional Terms constitutes acceptance. If you object to the new version, we reserve the right to withdraw unilaterally from the Agreement in accordance with the established procedure.

The General and Additional Terms constitute the entire legal agreement for services, website use and access to SmartExpert UA between you and SmartExpert UA. They govern provision of Services, except those provided under a separate written agreement, if any, and replace all previous agreements and arrangements between you and SmartExpert UA.

Validity of Provisions

If the Additional and General Terms conflict, the Additional Terms applicable to the particular Service prevail. If a court with jurisdiction declares any provision invalid, that provision will be excluded while the remaining Terms stay valid. The remaining Terms remain effective and enforceable in court.

Governing Law

Relations between the parties are governed by the laws of Ukraine.

At your request, the parties may execute this Agreement in writing, specifying special conditions for SmartExpert UA platform services. If you are a legal entity, references to ‘you’ in these Terms mean the organisation. The individual accepting the Terms for your organisation represents and warrants that they are authorised to act on your behalf and have sufficient authority to accept the Terms for you.

YULORN Limited Liability Company, EDRPOU registration code 453525976, registered at: Office 26/1, 7 Kruhlouniversytetska Street, Kyiv, 01024, Ukraine. Email: ulearn.com.ua@gmail.com