This User Agreement (hereinafter referred to as the “Agreement”) is a public offer and governs the relations between:
Individual Entrepreneur IGLIKOV FINANCIAL SCHOOL (hereinafter referred to as the “Owner”, “Administration” or “Operator”), IIN 790322301275, legal address: Republic of Kazakhstan, Astana, Sh. Kaldaiakov Street, 17, apt/office 44, and
the User — any individual who accesses the internet resource Business Innovation College (hereinafter referred to as the “Website”, “Platform” or “Service”) at https://bicollege.ae/ and uses its functionality.
Use of the Website in any manner, including viewing pages, registration, placing an order, paying for courses, taking training and receiving a certificate, constitutes the User’s full, unconditional and irrevocable acceptance of all terms of this Agreement in its current version.
CHAPTER 2. DEFINITIONS AND TERMS
In this Agreement, the following terms and definitions are used:
2.1. Website / Platform / Service — The internet resource Business Innovation College located at https://bicollege.ae/, including all its sections, subsections, Personal Account, educational materials, payment functionality and other elements.
2.2. Course — An educational product of the Owner, including one or more modules:
1. “How to Set and Achieve Goals”;
2. “Leadership and Teamwork”;
3. “Personal Budget Management”;
4. BIC ULTRA package.
2.3. Educational Materials — All materials of the Course, including video lessons, structured textual materials, mini-cases, situational tasks, quizzes, tests, practical templates, checklists and additional mini-topics.
2.4. Personal Account — A personal protected section of the User on the Website, created automatically upon purchase of a Course and intended for taking training, tracking progress and receiving a Certificate.
2.5. Certificate — An electronic document of the established sample of Business Innovation College, confirming the fact of the User’s completion of the Course. The Certificate is not a diploma, certificate or other document of state standard.
2.6. Payment System — The integrated payment acceptance system Robokassa and other payment services through which Course payments are made.
2.7. Personal Data — Any information relating to an identified or identifiable individual, processed by the Owner in accordance with Chapter 7 of this Agreement.
2.8. Other terms — Other terms and definitions are interpreted in accordance with the legislation of the Republic of Kazakhstan, including the Civil Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan “On Personal Data and Their Protection” dated May 21, 2013 No. 94-V ZRK and other regulatory legal acts.
CHAPTER 3. SUBJECT OF THE AGREEMENT
3.1. This Agreement defines the terms for the Owner to provide the User with paid educational services in the form of online courses of Business Innovation College (BIC).
3.2. Services are provided exclusively in online format through the Personal Account on the Website https://bicollege.ae/.
3.3. The Service is intended for individuals. Users under 18 years of age confirm that they purchase the Course and use the Service with the consent of their parents (legal representatives).
3.4. Training includes video lessons, textual materials, practical tasks, quizzes, tests, templates and checklists. Upon successful completion of the Course, the User receives an electronic certificate from Business Innovation College (not a state-standard document).
3.5. The Owner does not guarantee that the User will achieve any specific results (employment, career growth, etc.).
CHAPTER 4. PROCEDURE FOR PURCHASING AND PAYING FOR COURSES
4.1. The User purchases a Course by selecting the relevant Course on the Website, clicking the “Buy” button and filling in the data on the order placement page.
4.2. After successful payment for the Course, the User’s Personal Account is created automatically, and the User immediately gains access to the purchased Course.
4.3. The price of each Course indicated on the Website at the time of order placement is a public offer for the purchase of the relevant Course and is binding on the parties. By paying the indicated price, the User accepts the Owner’s public offer on the terms set out in this Agreement.
4.4. The Owner has the right to unilaterally change the cost of Courses, set discounts, conduct promotions and special offers without prior notice to the User. The new price comes into force from the moment it is posted on the Website and applies to orders placed after such change.
4.5. Payment for Courses is made in non-cash form through the integrated payment system Robokassa using a bank card or other payment methods available on the Website. Bank card data is processed exclusively by the payment system. The Owner does not store or process Users’ bank card data.
4.6. Access to the Course is provided to the User immediately after the funds are received in full to the Owner’s account (or payment confirmation by the payment system).
4.7. Refunds for purchased Courses are not made, except in cases expressly provided for by the legislation of the Republic of Kazakhstan, including the Law of the Republic of Kazakhstan “On Protection of Consumer Rights”.
4.8. The fact of payment for the Course at the price indicated on the Website confirms the User’s full and unconditional acceptance of the terms of this Agreement and the Owner’s public offer.
CHAPTER 5. TERM OF ACCESS AND RULES FOR USING THE COURSES
5.1. Access to the Course purchased by the User is provided for a period of one (1) year from the date of successful payment for the relevant Course. The specified period is calculated from the moment the funds are received in full to the Owner’s settlement account or payment confirmation by the payment system.
5.2. During the period specified in clause 5.1 of this Agreement, the User has the right to use the Course exclusively for personal educational purposes by accessing the Educational Materials through the Personal Account on the Website.
5.3. The User undertakes to comply with the following rules for using the Courses and the Website:
5.3.1. Do not transfer to third parties the login, password and other credentials from the Personal Account, as well as not provide access to the purchased Course to other persons, including by screen sharing, streaming or in any other way.
5.3.2. Do not copy, download, reproduce, distribute, publish or transfer to third parties any Educational Materials of the Course (video lessons, textual materials, mini-cases, tasks, templates, checklists and other materials) in any form and on any medium.
5.3.3. Do not use automated software tools (scripts, parsers, bots and other programs) to collect, copy, mass extract or analyze the content of the Website and Educational Materials.
5.3.4. Do not resell, transfer, gift or otherwise alienate the right of access to the Course or Personal Account to third parties.
5.3.5. Do not post on the Website and do not use in the process of taking Courses materials that violate the legislation of the Republic of Kazakhstan, the rights and legitimate interests of third parties, as well as norms of public morality and ethics.
5.4. Violation by the User of any of the provisions of clause 5.3 of this Agreement is recognized as a material breach of the terms of the Agreement and entails the following consequences:
5.4.1. Immediate blocking or complete deletion of the User’s Personal Account without refund of paid funds.
5.4.2. Compensation to the Owner for all losses caused by such violation in full, including, but not limited to, lost profits and costs of protecting violated rights.
5.4.3. Application of other measures of liability provided for by the legislation of the Republic of Kazakhstan, including, if there are grounds, contacting law enforcement agencies.
5.5. The Owner has the right at any time to unilaterally change the rules for using the Courses with mandatory notification of Users by posting a new version of this Agreement on the Website. Continued use of the Website and Courses after the new version comes into force means the User’s full acceptance of the changes made.
5.6. All actions performed using the User’s Personal Account are considered to have been performed by the User himself until the Owner receives notification of the compromise of the credentials.
CHAPTER 6. INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF THE WEBSITE
6.1. All exclusive rights to the Website https://bicollege.ae/, its content, design, software, as well as to all Educational Materials of the Courses (video lessons, textual materials, mini-cases, practical tasks, templates, checklists, tests and other materials), including results of intellectual activity, belong to Individual Entrepreneur IGLIKOV FINANCIAL SCHOOL or its right holders on legal grounds.
6.2. By providing the User with access to the Courses, the Owner grants the User a simple (non-exclusive) royalty-free license to use the Educational Materials exclusively for personal educational purposes on the territory of the Republic of Kazakhstan during the access period specified in clause 5.1 of this Agreement.
6.3. The specified license does not provide for the transfer to the User of any exclusive rights to the objects of intellectual property of the Owner. The User does not acquire any rights to the Website, Educational Materials and other results of intellectual activity, except for the right to use them within the limits expressly provided for by this Agreement.
6.4. The User is prohibited from:
6.4.1. Copying, reproducing, recording, downloading, distributing, publishing, transferring to third parties, as well as otherwise using the Educational Materials of the Courses in whole or in part without the written permission of the Owner.
6.4.2. Using the Educational Materials and content of the Website for commercial purposes, including for making profit, creating similar products, conducting own trainings, courses or consultations.
6.4.3. Modifying, changing, translating, adapting, creating derivative works based on the Educational Materials or content of the Website.
6.4.4. Removing, changing or hiding any copyright protection signs, trademarks, logos and other designations posted on the Website and in the Educational Materials.
6.4.5. Using the Website and Educational Materials in ways that violate the legislation of the Republic of Kazakhstan, including the Law of the Republic of Kazakhstan “On Copyright and Related Rights”.
6.5. Any violation of the provisions of this Chapter 6 of this Agreement is a material breach and entails:
6.5.1. Immediate blocking or deletion of the User’s Personal Account without refund of paid funds.
6.5.2. Compensation to the Owner for all losses caused in full, including lost profits.
6.5.3. Application of other measures of civil, administrative and criminal liability in accordance with the legislation of the Republic of Kazakhstan.
6.6. The Owner reserves the right at any time to unilaterally change the terms of use of objects of intellectual property with notification to Users by posting a new version of the Agreement on the Website.
CHAPTER 7. PERSONAL DATA AND ITS PROCESSING
7.1. The User gives his consent to Individual Entrepreneur IGLIKOV FINANCIAL SCHOOL (hereinafter referred to as the “Operator”) to process his personal data provided during registration on the Website, placing an order, paying for Courses, as well as in the process of using the Personal Account and taking Courses.
7.2. Processing of personal data is carried out in accordance with the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94-V “On Personal Data and Their Protection” (as amended and supplemented).
7.3. The Operator processes the following categories of the User’s personal data:
7.3.1. Identification data: last name, first name, patronymic (if any).
7.3.2. Contact data: email address.
7.3.3. Training data: progress in completing lessons, results of tests and tasks, date of last login to the Personal Account, history of viewing materials.
7.3.4. Technical data: IP address, browser type and version, device type, cookie data.
7.3.5. Payment data: date and time of transaction, payment amount, order identifier (bank card data is processed exclusively by the Robokassa payment system and is not stored by the Operator).
7.4. Processing of personal data is carried out for the following purposes:
7.4.1. Providing the User with access to Courses and the Personal Account.
7.4.2. Providing technical support to the User.
7.4.3. Recording training progress and automatic issuance of an electronic certificate.
7.4.4. Sending the User informational and advertising messages about new Courses, promotions and platform updates (with the User’s consent).
7.4.5. Compliance with the requirements of the legislation of the Republic of Kazakhstan, including the formation of fiscal documents and tax reporting.
7.5. The Operator transfers personal data to third parties exclusively in the minimum necessary volume and only to ensure the functioning of the Service:
7.5.1. Payment systems (Robokassa and others) — for making payments.
7.5.2. Web analytics services (Google Analytics, Yandex.Metrica) — for analyzing user behavior and improving the Website.
7.5.3. Hosting provider — for hosting the Website database.
7.6. All personal data of the User is stored and processed on the territory of the Republic of Kazakhstan. The Operator does not carry out cross-border transfer of personal data.
7.7. The User has the right at any time to:
7.7.1. Withdraw his consent to the processing of personal data by sending a corresponding written notification to the email address support@bicollege.ae.
7.7.2. Request deletion of his personal data and termination of their processing.
7.7.3. Receive information about the composition and volume of processed personal data.
7.8. Withdrawal of consent to the processing of personal data or a request for their deletion is carried out by the User independently through the account deletion functionality in the Personal Account or by sending a written request to support@bicollege.ae. In case of withdrawal of consent, the User’s access to the Courses may be terminated.
7.9. The Operator undertakes to take all necessary organizational and technical measures to protect the User’s personal data from unauthorized access, alteration, disclosure or destruction.
7.10. The User gives his consent to the use of cookies and web analytics systems to ensure the correct operation of the Website, save authorization and analyze user behavior.
CHAPTER 8. LIABILITY OF THE PARTIES
8.1. The User independently bears full responsibility for all actions performed by him on the Website and in the Personal Account, as well as for all actions performed by third parties using the User’s credentials.
8.2. The User guarantees that all data provided by him is reliable, complete and up-to-date. In case of providing false data, the User bears responsibility for all consequences of such provision.
8.3. The Owner provides the Service and access to Courses “as is” without any direct or indirect warranties, including, but not limited to, warranties of compliance with the User’s specific purposes, uninterrupted operation, absence of errors and viruses.
8.4. The Owner is not liable for:
8.4.1. Any losses (direct, indirect, incidental, lost profits) arising from the use or inability to use the Website and Courses.
8.4.2. Technical failures, interruptions in the operation of the Website caused by force majeure circumstances, actions of third parties, software errors, viruses and other reasons beyond the Owner’s control.
8.4.3. Actions or inaction of the User that led to the inability to complete the Course or receive a Certificate.
8.4.4. The content and quality of Educational Materials in terms of the User achieving any specific results (employment, professional development, career growth, etc.).
8.4.5. Actions of payment systems, hosting provider, analytics services and other third parties involved in providing the Service.
8.5. In case of violation by the User of the terms of this Agreement, the Owner has the right to unilaterally:
8.5.1. Block or delete the User’s Personal Account without refund of paid funds.
8.5.2. Demand compensation for all losses caused in full.
8.5.3. Apply to the court for protection of its rights and legitimate interests.
8.6. Neither Party is liable for non-performance or improper performance of obligations under this Agreement if such non-performance was the result of force majeure circumstances (force majeure), including, but not limited to: natural disasters, military actions, epidemics, acts of state bodies, failures in the operation of the internet and power supply, actions of third parties.
8.7. The User confirms that he is a fully legally capable person. If the User has not reached the age of eighteen, he acts with the consent of his parents (legal representatives) and bears independent responsibility for the existence of such consent. The Owner has the right at any time to request confirmation of the consent of parents (legal representatives).
8.8. In case third parties file claims or lawsuits against the Owner in connection with the User’s actions (including copyright infringement, distribution of prohibited information, etc.), the User undertakes to independently and at his own expense settle such claims and compensate the Owner for all related expenses and losses.
CHAPTER 9. DISPUTE RESOLUTION PROCEDURE AND APPLICABLE LAW
9.1. This Agreement and all legal relations arising between the Parties in connection with its performance are governed by and interpreted in accordance with the legislation of the Republic of Kazakhstan.
9.2. All disputes, disagreements and claims arising between the Owner and the User in connection with the performance, amendment, termination or invalidity of this Agreement are subject to resolution through negotiations.
9.3. The mandatory pre-trial (claim) procedure for dispute resolution is mandatory. The User who believes that his rights have been violated by the actions (inaction) of the Owner sends the latter a written claim containing:
9.3.1. The essence of the claim;
9.3.2. Justification of the claim with references to the norms of legislation and the terms of this Agreement;
9.3.3. Calculation of the amount of the claim (if any);
9.3.4. User’s details for sending a response.
9.4. The claim is sent to the Owner at the email address support@bicollege.ae or by registered mail with acknowledgment of receipt to the Owner’s legal address.
9.5. Within 10 (ten) calendar days from the date of receipt of the claim, the Owner is obliged to send the User a reasoned response to the email address specified in the claim or to the postal address.
9.6. In case of failure to receive a response to the claim within the established period or disagreement with the Owner’s response, the dispute is subject to referral to the Specialized Interdistrict Economic Court of Astana in accordance with the legislation of the Republic of Kazakhstan.
9.7. Recognition by the court of any provision of this Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.
CHAPTER 10. FINAL PROVISIONS
10.1. This User Agreement comes into force from the moment of acceptance (adoption) of its terms by the User and is valid for the entire period of use of the Website and Courses.
10.2. The Owner has the right at any time to unilaterally make changes and additions to this Agreement. The new version of the Agreement comes into force from the moment it is posted on the Website, unless another period is specified additionally.
10.3. Continued use of the Website and Courses after the new version of the Agreement comes into force means the User’s full and unconditional acceptance of the changes.
10.4. If the User disagrees with the new version of the Agreement, he is obliged to stop using the Website and Courses.
10.5. Recognition by the court of any provision of this Agreement as invalid or unenforceable does not entail the invalidity of the remaining provisions of the Agreement. The remaining provisions remain in full force and effect.
10.6. This Agreement constitutes the entire agreement between the Parties on the subject matter of this Agreement and supersedes all previous agreements, proposals and statements made orally or in writing.
10.7. This Agreement is drawn up in Russian, English and Kazakh languages. In case of discrepancies between the versions in different languages, the Russian-language version shall prevail.
10.8. All notices and messages sent by the Parties to each other within the framework of this Agreement are considered to have been duly delivered if they are sent to the addresses specified in this Agreement or through the Personal Account.
By accepting this Agreement, the User confirms that he has fully read all the terms and provisions of this Agreement, fully understands its meaning and accepts them in full.