1.1. This document is an official offer (public offer) Individual entrepreneur Ivashkova Maria Valeryevna (hereinafter referred to as the Contractor) addressed to any individual who has reached the age of 18, a legal entity or an individual entrepreneur (hereinafter referred to as the Customer) who has agreed to the terms of this public offer (hereinafter referred to as the Offer) by its unconditional acceptance to conclude an agreement (hereinafter referred to as the Agreement) for the provision of information and consulting services (hereinafter referred to as Services/Service) with the Customer on the terms of this public offer (hereinafter referred to as the Offer). The customer is obliged to fully familiarize himself with this document before making the payment.
1.2. The offer is constantly posted by the Contractor in open access on the website: dr-ivashkov.com (hereinafter referred to as the Website).
1.3. In accordance with paragraph 3 of Article 438 of the Civil Code of the Russian Federation, acceptance of an offer is equivalent to concluding a contract in writing on the terms set out in the offer.
The acceptance of the terms set out in the Agreement is the performance of actions in accordance with the procedure for the acceptance of the Offer, as defined in clause 4.4. of the Agreement.
By accepting this Offer, the Customer confirms that he is fully familiar with the procedure defined in clause 4.4. and agrees to follow it. In view of this, the Customer in the future does not have the right to refer to the insufficient explanation of this procedure, its ambiguity, or the presence of claims to this procedure on the part of the Customer that have not been reviewed by the Contractor, as grounds for a refund of funds for Services.
1.4. The rules and procedure for processing personal data of site users and customers are set out in the Contractor’s policy regarding the processing of personal data of Customers published on the Site: dr-ivashkov.com.
1.5. By taking actions to accept this Offer, the Customer confirms that he has read and agrees with all the terms and conditions of payment acceptance of the payment system of LLC “Prodamus”; with all the rules and conditions of use of the Site platform, the rules and conditions of use of social networks Instagram* (owned by Meta, recognized in the Russian Federation as an extremist organization), Vkontakte, Classmates.
2.1. Website – a set of web pages containing text information, images, audio and video materials, and other protected results of intellectual activity and means of individualization of the Performer, owned by the Performer, access to which on the Internet is provided at the network address: dr-ivashkov.com.
2.2. Individual entrepreneur Ivashkova Maria Valeryevna (INN 773468307962, OGRNIP 322774600516887), location of the Contractor: Moscow.
2.3. The Customer is an individual who has reached the age of 18, a legal entity or an individual entrepreneur who has accepted the Offer in accordance with clause 4.4. of the Offer.
2.4. Services/service — information and consulting services for providing explanations and recommendations in the field of formation and (or) maintaining the lifestyle of people with or who have suffered from cancer, remotely in the form of providing access to video lectures.
The subject, prices, terms of Services and other necessary information about the Services are posted by the Contractor on the Website: dr-ivashkov.com.
2.5. Video lecture – a speech by the Performer / representative of the Performer on the topic of formation and (or) maintaining the lifestyle of people with or who have suffered from cancer, conducted using information and telecommunication communication channels on the Internet, which the Customer can view using a video recording of this speech.
2.6. Live broadcast is the process of direct transmission of an Internet signal from the first take from the recording location to the air, that is, the broadcast of the signal in real time.
2.7. Access to Services — the Customer’s right to view, listen to, and get acquainted with video lectures.
2.8. Application is an electronic request from the Customer for the use of Services, which is expressed in entering the information necessary for the Contractor by the Customer on the Contractor’s Website in special forms and sending this information to the Contractor. The Application is an integral part of this Agreement.
3.1. The Contractor undertakes to provide the Customer with information and consulting services to provide explanations and recommendations in the field of formation and (or) maintaining the lifestyle of people who have or have suffered from cancer remotely in the form of providing access to video lectures, and the Customer undertakes to pay for these Services in full and properly comply with the conditions established by this Agreement.
3.2. The Customer confirms that he does not object to the provision of Services to him by any other person engaged by the Contractor for this purpose. At the same time, the identity of the Performer and other speakers is not of significant importance to the Customer.
4.1. The Contractor provides Services to the Customer only if the following conditions are met:
4.1.1. The Customer’s activity does not violate the legislation of the Russian Federation, business rules, general norms of morality and morality;
4.1.2. The Customer has the skills to work with modern information technologies, has the ability to use a computer (laptop) with the appropriate software and operating system, as well as constant access to the Internet, throughout the entire time of using the Services.
4.2. The Agreement between the Customer and the Contractor in respect of the Services selected by the Customer is considered concluded from the moment of acceptance of this Offer by the Customer and is valid until the Contractor and the Customer fully fulfill their obligations under the Agreement.
4.3. The conclusion of this agreement (acceptance of the offer) is carried out in the following order:
4.3.1. The Customer selects the appropriate Services on the Website, then clicks on the “Buy” button on the Website (this button can have any name similar in meaning) and fills out the application in a special “Send an application” window (which is an integral part of this agreement), entering the necessary personal data: his name, phone number, and email address mail, and then the Customer clicks on the “Send” button;
4.3.2. After filling out the application and sending the data on the Website, the Customer is transferred to the payment page for the Service / services (including through the payment system), where, following the instructions of the Website and the payment system, he makes a non-cash payment for the Service he has chosen.
The moment of payment for Services is the receipt of funds in payment for Services from the Customer to the Contractor’s current account.
By making payment for Services in accordance with this clause of the Contract, the Customer thereby accepts this Offer of the Contractor.
4.4. By accepting this Offer, the Customer confirms and guarantees that he is fully aware of his choice on the Site of the video lectures he needs, which means that the Customer does not have the right to subsequently refer to the fact that the topics on which the information was conducted were unknown to him or turned out to be unsuitable. Also, when accepting the Offer, the Customer confirms his familiarization with the cost of Services.
4.5. Payment by the Customer for Services in accordance with clause 4.4.2. of the Agreement confirms that the Customer has read the terms of the Agreement, the Contractor’s personal data processing policy, the user agreement on the use of the Site and fully and unconditionally accepts them.
4.6. The moment when the Contractor’s Services for providing access to video lectures to the Customer are considered to have been properly rendered is the moment when the Customer receives an Internet link that opens the Customer access to the Internet resource on which the recordings of video lectures are posted.
4.7. The parties came to an agreement on the absence of the need to sign an act of acceptance and transfer of Services rendered. The absence of claims from the Customer, sent in writing to the Contractor, within three calendar days from the date of provision of Services is considered confirmation of the fact of full and unconditional acceptance of the quality of Services provided by the Contractor.
4.8. The Customer can find out the necessary additional information on the provision of Services by sending an e-mail to info@dr-ivashkov.com.
5.1. ЗакThe customer has the right to:азчик вправе:
5.1.1. Choose the necessary Service on the Website;
5.1.2. To pay for the Services of the Contractor in the manner prescribed by this Agreement and within the limits of the cost determined on the Website in accordance with the subject of video lectures;
5.1.3. To require the Contractor to provide access to video lectures after receipt of funds from the Customer for payment of Services to the Contractor’s current account;
5.1.4. Contact the Contractor on issues related to the provision of Services and receive information about the Services.
5.2. The customer is obliged to:
5.2.1. Independently ensure the technical possibility of using the Contractor’s Services on their part, namely:
– proper internet access. The Contractor is not responsible for the quality of the Internet connection. The Customer must notify the Contractor of possible problems with the quality of the Internet connection during the provision of Services, if any;
– availability of software compatible with the transmission of information from the Contractor and other necessary technical means.
5.2.2. Strictly and unconditionally observe the following rules of conduct when purchasing and using Services:
– to comply with generally accepted norms of behavior, in particular, to show respect for the Performer / representatives of the Performer, not to encroach on their honor and dignity;
– not to use the information received from the Contractor/representative of the Contractor in ways that may lead or will lead to harm to the interests of the Contractor;
– do not use profanity, do not use expressions in communication that may offend the Performer or representatives of the Performer.
For non-compliance by the Customer with the obligations specified in this paragraph to the Contractor, the Customer pays the Contractor a fine in the amount of 100,000 (one hundred thousand) rubles within 10 working days from the date of receipt of the payment request from the Contractor. In case of non-payment by the Customer of this fine within the specified period, the Contractor has the right to suspend the Customer’s access to the Services until the Customer fulfills the terms of this clause of the Agreement.
5.2.3. Not to record, copy audio and video materials of video lectures, and distribute them (including in the form of posting on the Internet, including for a fee, for transfer to collective/ shared ownership), as well as retransmission (including paid) for persons who have not concluded a contract with the Contractor for the provision of services. In case of violation of this clause, the Customer is liable to the Contractor in accordance with applicable law, as well as with clause 10.4 of this Agreement.
5.2.4. Do not transfer access details (login, password, unique key) for receiving services to third parties, as well as joint receipt of services with third parties without special permission from the Contractor. In case of violation of the terms of this clause, the Customer pays the contractor a fine in the amount of 200,000 (two hundred thousand) rubles within 10 working days. In case of non-payment by the Customer of this fine within the specified period, the Contractor has the right to suspend the Customer’s access to the Services until the Customer fulfills these terms of this clause of the Agreement.
5.2.5. Provide the Contractor with only complete, reliable and personal data about himself (full name, payment details, etc.).
In case of non-compliance with the terms of this clause of the Agreement, the Contractor has the right to suspend the Customer’s access to the use of the Services until the Customer provides the Contractor with his personal data corresponding to the terms of this clause of the Agreement.
5.2.6. To pay for Services personally using the means of payment belonging to him in accordance with their specific cost on the Site.
5.3. The contractor has the right to:
5.3.1. Independently determine the forms and methods of rendering Services based on the requirements of the legislation of the Russian Federation, as well as the specific terms of the Contract;
5.3.2. If necessary, independently determine the composition of additional specialists providing free bonus services and distribute the work among them at their discretion;
5.3.3. To receive from the Customer the information necessary to fulfill its obligations under the Agreement, including personal data and information about the Customer’s details and means of payment that were used to pay for Services. In case of non-presentation or incomplete or incorrect provision of information by the Customer, the Contractor has the right to suspend the fulfillment of its obligations under the Agreement until the necessary information is provided;
5.3.4. The Contractor has the right to refuse to fulfill obligations under the Agreement, provided that the Customer returns previously deposited funds to pay for Services. In case of such refusal to provide Services by the Contractor, the Customer undertakes to provide the data necessary for the refund of funds no later than three working days from the date of sending the relevant request by the Contractor to the e-mail address specified by the Customer in the Application.
5.4. The contractor is obliged to:
5.4.1. To provide Services using an Internet connection within the framework of the subject chosen by the Customer;
5.4.2. After confirming the fact of payment, in the case of video lecture Viewing Services, the Contractor is obliged to send the Customer an Internet link to the e–mail specified in the Application, giving the Customer access to the Services.
6.1. The cost of Services is determined unilaterally by the Contractor on the Website in accordance with the subject of Services. At the same time, this page of the site is an integral part of this Agreement.
6.2. All calculations are made in Russian rubles.
6.3. Payment is made by the Customer by transferring funds to the Contractor’s current account, including through payment services / systems in one payment in the amount of 100% of the cost of Services.
6.4. If the payment is received in a larger amount, the amount exceeding the cost of Services will be refunded to the Customer’s account within 5 (five) business days from the date of the Contractor’s decision to refund the payment.
6.5. The Contractor may, at its discretion, establish on a permanent or irregular basis the possibility of participating in promotions, sweepstakes, bonus programs and other loyalty programs.
6.6. The terms, conditions and frequency of the loyalty bonus program, promotions, and sweepstakes specified in clause 6.5. of the Agreement are determined by the Contractor at its discretion and are not the responsibility of the Contractor. Information about such loyalty programs is posted by the Contractor on the Website.
6.7. After providing the Customer with a link with access to the Internet resource on which the video lecture is located, the service is considered rendered according to the rules of Part 2 of art. 781 of the Civil Code of the Russian Federation, funds for the Services of the Contractor are not refundable if the Customer refuses the contract.
6.8. Documents confirming mutual settlements of the Parties are sent by the Parties to each other at the e-mail addresses indicated by them when making mutual settlements. It is possible to send a document confirming payment by the Customer for the Contractor’s services, by third-party services with which the Contractor has concluded a contract for the provision of Services.
7.1. All disputes or disagreements arising between the parties under this agreement or in connection with it shall be resolved through negotiations between the parties.
7.2. If it is impossible to resolve disagreements through negotiations between the parties, they are subject to consideration out of court or in court in accordance with the requirements of the legislation of the Russian Federation on jurisdiction and jurisdiction.
7.3. When resolving disputes out of court, a party believing that its right has been violated must send a claim to the other party in electronic form, which must contain detailed reasoned reasons why the party considers its right violated. The party who received the pre-trial claim is obliged to consider it within a period not exceeding 10 working days from the date of its receipt. If it is impossible to fully or partially fulfill the requirements of the party that submitted the claim, the other party is obliged to send a response with a reasoned justification of the reasons why it is impossible to fully or partially satisfy the claim, in electronic form.
7.4. The Parties have agreed that for electronic correspondence they will use only the following data: on behalf of the Contractor, the e-mail address – info@dr-ivashkov.com . On behalf of the Customer – the e-mail address specified by him when making the Application. The Parties recognize correspondence from the specified e-mail addresses as a condition for recognizing the e-mail address as a simple electronic signature. All notifications and messages sent by the Parties to this Agreement to each other at these e-mail addresses are recognized by the Parties to this Agreement as official correspondence within the framework of this Agreement.
8.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations under this Offer in accordance with the legislation of the Russian Federation.
8.2. The Customer is aware, and the Contractor confirms that the Services that make up the subject of the Contract are not the provision of medical care using telemedicine technologies, their use is not regulated by the norms of Federal Law No. 323-FZ dated November 21, 2011 “On the Basics of Protecting the Health of Citizens in the Russian Federation” and the order of the Ministry of Health dated November 30, 2017 No. 965n “On approval of the procedure for the organization and provision of medical care using telemedicine technologies.” The appointment/cancellation of the Customer’s treatment tactics is solely within the competence of the Customer’s attending physician, and Video lectures are informational, general educational in nature.
The Services provided under the Contract are not aimed at interfering with the Customer’s diagnosis/treatment process and are informative and generally developmental in nature, do not contain prescribing, canceling or changing the Customer’s treatment.
The Customer is solely responsible for any use of the information received by him during the provision of Services.
In connection with the above, the Contractor is not responsible for the dynamics of the Customer’s health status, which is within the responsibility of the Customer himself and (or) his attending physician.
8.3. The Contractor is not responsible for the Customer’s inability to use the Services, which arose for reasons beyond the Contractor’s control.
8.4. The Contractor is not responsible for the inconsistency of the Services provided with the subjective expectations of the Customer and/ or for his subjective assessment, such inconsistency with subjective expectations and/ or a negative subjective assessment are not grounds to consider the Service/services rendered poorly. Also, the Contractor is not responsible for the Customer’s violation of the terms of this Agreement in case the Customer provides false and/or incomplete information about himself during the Application, including contact information (e-mail, phone, etc.), as well as in case the Customer does not provide new contact information (e-mail, phone) when their change. The Contractor is not responsible for the inability to provide Services to the Customer for reasons beyond the Contractor’s control, namely: disruption of the Internet, equipment or software on the part of the Customer, failures in the operation of e-mail mailing services, including when the Contractor’s letters get into the Spam folder, the Customer does not have a cellular connection, failures in the work of messengers. In this case, the Services are considered to have been provided properly and are payable in full.
8.5. Without contradicting the above, the Contractor is released from liability for violation of the terms of the Contract if such violation is caused by force majeure (force majeure), including: actions of public authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or computer network failures, strikes, civil unrest, riots, any other circumstances, not limited to the above, which may affect the execution of the contract by the Contractor.
8.6. No information, materials and/or consultations provided by the Contractor as part of the provision of Services under this Agreement can be considered as guarantees. Decision-making based on all information provided by the Contractor is in the exclusive competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Contractor as part of the fulfillment of its obligations under this agreement.
9.1. The entry into force of this Agreement and the time of its termination is determined in accordance with clause 4.2 of the Agreement.
9.2. The Customer agrees and acknowledges that the unilateral changes made by the Contractor to the Agreement come into force 3 days after the posting of the amended Offer on the Website with the new terms of the Agreement, unless another deadline is set by the Contractor. Continued use of the Services after the specified period will mean that the Customer agrees to the new terms of the Offer.
9.3. If the Customer does not agree with the new terms of the Agreement, he has the right to terminate it unilaterally within 3 days from the date of posting the amended Offer on the Website, provided that the Customer pays the cost of the Services rendered to him by the Contractor in accordance with the procedure provided for by law and this Agreement.
9.4. The Customer has the right to refuse to fulfill the terms of this Agreement, provided that he pays the cost of the Services rendered to him by the Contractor and the actual costs incurred by the Contractor for the provision of Services.
9.5. The Contractor has the right to unilaterally refuse to fulfill obligations under the Agreement, subject to a full refund to the Customer of the funds previously deposited by him to pay for Services.
10.1. All materials provided by the Contractor to the Customer in the process of rendering Services are the result of the Contractor’s intellectual activity.
10.2. The exclusive copyright, including related copyrights to all materials provided by the Contractor to the Customer in the course of rendering services, belongs to the Contractor. All materials provided by the Contractor to the Customer during the provision of services are intended only for personal use by the Customer. The Customer does not have the right to copy, publicly quote these materials or sell them in any other way in order to generate income.
10.3. The performer is the copyright holder of lectures and additional information materials as composite works.
10.4. The content posted on the site may not be copied, published, reproduced, processed, distributed, sold or otherwise used in parts or in full without the written consent of the Contractor.
10.5. In case of violation by the Customer of the exclusive copyrights of the Contractor, the Customer pays the Contractor a fine of 200,000 (two hundred thousand) rubles within 10 working days. In case of non-payment by the Customer of this fine within the specified period, the Contractor has the right to suspend the Customer’s access to the Services until the fulfillment of these terms of this clause of the Agreement.
11.1. In everything that is not regulated by this Offer, the parties are guided by the legislation of the Russian Federation.
11.2. By accepting the terms of this Offer, the Customer agrees to receive information by receiving messages from the Contractor to his e-mail about all events held by the Contractor, their terms, financial conditions and other information, regardless of the validity period of this Offer. In this case, the Customer has the right to unsubscribe from the mailing list at any time by notifying the Contractor by sending an email to the Contractor’s email address info@dr-ivashkov.com . In this case, the responsibility for non-receipt of information lies with the Customer.
11.3. The court’s recognition of any provision of this Offer as invalid or non-enforceable does not entail the invalidity or unenforceability of other provisions of the Offer.
11.4. The Customer guarantees that he is familiar with the Contractor’s personal data processing policy posted on the Website.
oncologist | lymphologist | reconstructive surgeon
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