Legal documents

This document, permanently available on the Internet at https://balkanpsy.com/documents, constitutes a public offer (hereinafter also the “Offer”), under applicable law, to enter into an agreement for the provision of remote-access services (hereinafter also the “Agreement”) with any interested individual (hereinafter the “Client”). The Client’s expression of agreement with the terms of this Offer when applying through https://blakanpsy.com/ or in another similar manner constitutes proper acceptance of this Offer. By these actions, the Client also expresses agreement with the Privacy Policy published on that website. By paying the cost of the Contractor’s services in accordance with this Offer, the Client:

— guarantees that the information provided about themselves or third parties is accurate and up to date;

— guarantees that they are an adult with full legal capacity;

— guarantees compliance with the laws of their country of permanent residence;

— agrees that they are independently responsible for any consequences arising from the provision of inaccurate, outdated or incomplete information about themselves.

The date on which the Contractor’s obligations to provide services to the Client arise is the date on which the funds for the Contractor’s services are credited to the Contractor’s settlement account, as specified in this Offer.

1. Terms and definitions

Client — a User, an individual who has placed an Order on the online resource https:// https://balkanpsy.com for the purpose of purchasing a lecture.

Acceptance — the Purchaser’s unconditional agreement to accept the terms of this Offer Agreement.

Contractor — an individual entrepreneur.

Service — a programme, training and/or lecture whose name and price are specified on https:// https://balkanpsy.com.

Order — the Purchaser’s electronic application to purchase individual items from the range of Services, placed on https:// https://balkanpsy.com.

Online Resource https://balkanpsy.com — a publicly accessible web resource owned by the Seller and open for visual inspection, located on the global Internet at https://balkanpsy.com, containing information about the range of services, prices and payment terms.

2. General provisions

2.1. The Contractor provides services for organising a programme, training or lecture through the online resource at https://balkanpsy.com.

2.2. When ordering a service through the Online Resource, the Client fully agrees with the terms of service set out below (hereinafter the “Terms of Service”). A User who disagrees with this Offer is not entitled to place an order.

2.3. The information published on the Online Resource contains the terms of an offer to purchase a service and constitutes a public offer under Article 398(2) of the Civil Code of the Kyrgyz Republic (hereinafter the “Civil Code”). The Purchaser accepts the offer by placing an order for the goods offered (Article 399 of the Civil Code).

2.4. The Online Resource operates in accordance with the Civil Code; Law of the Kyrgyz Republic No. 90 of 05.12.1997 “On the Protection of Consumer Rights” (hereinafter “Law No. 90”); Law of the Kyrgyz Republic No. 58 of 14 April 2008 “On Information of a Personal Nature”; Law of the Kyrgyz Republic No. 127 of 19 July 2017 “On Electronic Governance”; and other applicable legislation of the Kyrgyz Republic (hereinafter “law/legislation”).

2.5. The Contractor may amend this Offer without any special notice. The new version takes effect upon publication on the Online Resource, unless otherwise provided in that version, and does not apply to legal relations between the Client and the Contractor that arose before the new version took effect. The current version of the Rules (terms) is always available at https://balkanpsy.com/documents.

2.6. The Offer is deemed concluded when the Client places an Order and the Contractor issues the Client with documents confirming payment for the programme, training or lecture.

2.7. The Order must specify:

— surname and first name (for individuals);

— a contact telephone number for the Client or a person designated by the Client;

— the Client’s email address;

— the service name, date of provision, price and total cost.

3. Subject of the agreement

3.1. Under this Offer, the Contractor is given the opportunity to purchase a service described in the Online Resource catalogue.

3.2. This Offer applies to all types of services presented on the Website for as long as offers describing these programmes, training sessions and lectures remain in the Online Resource catalogue.

3.3. Services under this Agreement are provided by the Contractor remotely using the ZOOM electronic information and educational environment, available on the Internet at https://zoom.us.

3.4. The place where the services under this Agreement are provided does not depend on the Client’s location.

4. Order placement and payment procedure

4.1. An Order is placed as follows:

— enter the catalogue to find the required programme, training or lecture;

— enter the necessary contact information;

— choose a payment method (payment by plastic card) and enter the bank card details;

— click “Confirm order”.

4.2. Payment for a fulfilled order may be made through FREEDOM PAY.

4.3. All settlements between the Seller and the Purchaser are made in euros, US dollars, Russian roubles and Kyrgyz Republic soms.

4.4. The price of each service item is stated in euros, US dollars and Kyrgyz Republic soms on the Online Resource website.

4.5. The Contractor reserves the right to unilaterally change the prices of any types of services displayed on the Online Resource website without notifying the Client. However, the price of a service already ordered by the Contractor is not subject to change.

4.6. The Contractor may establish a bonus programme, run promotions and issue promotional codes granting discounts on particular programmes, training sessions or lectures. The types of bonuses, promotions and promotional codes, and the procedure and conditions for their accrual, implementation or award, are listed on the Online Resource website and may be changed unilaterally by the Contractor.

4.7. Payment and refund rules are described in Appendix 1 to this Offer (“Payment and Refund Rules”).

5. Rights, obligations and liability of the parties

5.1. The Contractor shall:

5.1.1. Provide the Services to a proper standard and in full within the period specified on the Online Resource.

5.1.2. Provide the Client with the conditions necessary for the programme, training or lecture, respect the individual, prevent physical and psychological violence, and ensure conditions for emotional well-being that take account of the Client’s individual characteristics.

5.1.3. Provide the Client electronically with the details required to access the electronic information and educational environment.

5.2. The Contractor may:

5.2.1. Postpone the start of the services, notifying the Client at the email address specified when placing the Order no later than 5 days before the start.

5.2.2. Require timely payment for services provided in accordance with this Offer.

5.2.3. Refuse services under this Offer if the Client breaches the rules of the programme, training or lecture. Such a breach includes the Client’s use of obscene language; general calls to distrust the Contractor; overfamiliar or disrespectful treatment of the programme, training or lecture facilitator or organiser; advertising third-party Internet resources; insulting participants and/or the Contractor; infringing the Contractor’s exclusive copyright; or other unlawful actions by the Client.

5.2.4. The Contractor may delegate its rights and obligations in fulfilling orders to third parties specifically engaged for that purpose.

5.3. The Client shall:

5.3.1. Pay for the services in the manner, within the time and in the amount agreed by the Parties in this Offer.

5.3.2. Ensure the training participant’s attendance at all classes with the camera switched on, on the dates and at the times specified on the Online Resource, by connecting via the Internet at the address specified in clause 3.3 of this Offer. During training, the Client may switch off the camera only at the facilitator’s spoken request.

5.3.3. If classes are missed during the periods specified on the Online Resource, make them up with the next group on the date and at the time of the next training at the Contractor’s request.

5.3.4. Follow all recommendations and complete all assignments given by the programme, training or lecture facilitator.

5.3.5. Immediately notify the Contractor in writing of changes to their contact details, including through the contact email specified in this Offer.

5.3.6. Observe order and discipline during the programme, training or lecture, avoid causing inconvenience to other Clients and refrain from disrupting the programme, training or lecture. If the participation rules are breached, the Contractor is not responsible for the quality of the service and may also terminate the Offer unilaterally due to the Client’s fault. In that event, funds transferred by the Client in payment for the services are non-refundable.

5.3.7. Not distribute (publish, post on websites, copy, transfer or resell to third parties) for commercial purposes information and materials provided by the Contractor under this Offer; not create information products based on them; and not use this information in any way other than for personal use.

5.4. The Client may:

5.4.1. Receive information from the Contractor on the organisation and proper performance of the services specified in section 3 of this Offer.

6. Confidentiality and information protection

6.1. The Client’s personal data are processed in accordance with the Law of the Kyrgyz Republic “On Personal Data and Their Protection” — http://cbd.minjust.gov.kg/act/view/ru-ru/202269.

6.2. The Contractor uses the Client’s personal data:

— to register the Client on the Online Resource;

— to fulfil its obligations to the Client;

— to analyse and assess the operation of the Online Resource;

— to determine winners of promotions run by the Contractor, if any.

6.3. With the Client’s consent, the Contractor may send informational messages, including advertisements, to the Client’s mobile telephone and/or email. The Client may opt out of promotional and informational mailings without giving reasons. Service messages containing information about the Order and its processing stages are sent automatically and cannot be declined by the Client.

6.4. The Contractor may use cookie technology that does not contain confidential information. The Client consents to the collection, analysis and use of cookies, including by third parties, to compile statistics and optimise promotional mailings.

7. Additional terms

7.1. The Online Resource may be temporarily unavailable, in whole or in part, due to preventive maintenance or other work, or for other technical reasons.

7.2. Relations between the Client and the Contractor are governed by the legislation of the Kyrgyz Republic.

7.3. If the Client has questions or claims concerning the Contractor, the Client shall contact the Contractor using the contact details on the website. The Parties shall take the necessary steps to resolve issues through negotiations. If no agreement is reached during negotiations, the dispute will be considered by a court in accordance with the established legislation.

7.4. Matters not covered by this Agreement are governed by the applicable legislation of the Kyrgyz Republic.

8. Term

8.1. This Agreement is deemed valid from the moment specified in clause 2.6 of this Offer.

8.2. The Offer remains in effect until the period for providing the Service ends.

9. Contractor:

Individual Entrepreneur Aleksandr Alekseevich Yankovsky

Taxpayer identification number (INN): 20111199950162

720042, Kyrgyz Republic, Bishkek, Pervomaisky district, Kaarmansky Lane, 133

OAO “Optima Bank”

Settlement account: 1091813393600143

Correspondent account: 7A8-8-USD-01-2

Bank identification code (BIK): 109018

INN: 00904199310033

Telephone: +996 220602234

Email: montepsycenter@gmail.com

1. This Personal Data Processing Policy (hereinafter the “Policy”) governs legal relations concerning the processing of personal data between Individual Entrepreneur Aleksandr Alekseevich Yankovsky, INN 20111199950162, address: Bishkek, Pervomaisky district, Kaarmansky Lane, 133 (hereinafter the “Company”), and the website user (hereinafter the “User”).

“User” means an individual with legal capacity who has reached 18 years of age and wishes to order the Company’s services, leave a comment, register on the website or perform other actions provided by the functionality of the Company’s Internet resource.

“Website” or “Company’s Internet Resource” means the website https://balkanpsy.com/, including all levels of domain names, owned by the Company.

“Personal data” means any information relating to an individual (citizen) who is directly or indirectly identified or identifiable.

“Personal data processing” means any action (operation) or set of actions (operations) involving personal data, performed with or without automated means. Such actions (operations) may include collection, receipt, recording, systematisation, accumulation, storage, clarification (updating, amendment), retrieval, use, transfer (dissemination, provision, access), anonymisation, blocking, deletion and destruction of personal data.

2. This Policy defines the procedure for processing personal data of users of https://balkanpsy.com/ (hereinafter the “Website”), the conditions and principles of personal data processing, Users’ rights and the Company’s obligations, and information on measures implemented to protect the personal data processed.

3. This Policy applies to all personal data that the Company receives from Users.

4. The User agrees to this Policy by entering their name, telephone number and, where necessary, email address into a designated field on the Website offering to request a consultation, enrol, submit an order or perform other actions provided by the Website’s functionality, and then clicking “Send”, “Request a consultation” or another button.

If the User disagrees with the Policy, the User must immediately cease all use of the Website.

5. When using the Website’s functionality, the User may provide the Company with the following personal data (the list and types of personal data depend on the particular functions of the Internet resource used by the User): surname, first name, email address, contact telephone number and user identification data (user ID).

6. By providing personal data, the User consents to the Company’s processing of those data (until the User withdraws consent to personal data processing), including collection, storage, anonymisation and transfer to third parties in the cases provided in this Policy, for the purpose of providing the User with advertising, reference information and services in accordance with the Website’s functionality, and for other purposes specified in clause 8 of this Policy. When processing personal data, the Company is guided by Law of the Kyrgyz Republic No. 58 of 14 April 2008 “On Information of a Personal Nature”, taking into account the provisions of the European Union’s General Data Protection Regulation of 27 April 2016, other legislative acts of the Kyrgyz Republic and local regulatory legal acts.

The User’s consent to personal data processing remains valid from the date on which it is given until the purposes of processing have been achieved or the User withdraws consent, unless applicable legislation provides otherwise.

The User may withdraw consent given to the Company at any time in accordance with this Policy.

7. If the User wishes to clarify personal data that are incomplete, inaccurate or outdated, or wishes to withdraw consent to personal data processing, the User must send an official request to the Company at montepsycenter@gmail.com with the subject “Clarify personal data” or “Stop processing personal data”. The email must specify the User’s own email address and the relevant request.

8. The Company uses data provided by the User for the following purposes:

8.1. registering and identifying the User on the Website and enabling the User to make full use of the Website;

8.2. further communication concerning the User’s application, including by third parties — the Company’s partners — to fulfil obligations under the User’s application, and consultation on the Company’s services;

8.3. creating an account and providing access to the User’s account/accounts on partner websites;

8.4. sending informational messages;

8.5. advertising and promoting goods, works and services, including on the basis of information obtained about the User’s personal preferences and settings;

8.6. assessing and analysing the operation of the Company’s Website;

8.7. analysing the effectiveness of advertising placement and conducting statistical research based on anonymised information provided by the User;

8.8. informing the User about promotions, discounts and special offers by email and telephone;

8.9. conducting marketing research, including engaging third parties as contractors, service providers or consultants;

8.10. communicating with partner banks about providing loans to the User and/or agreeing lending terms.

9. The Company does not verify data provided or specified by the User. Accordingly, the Company assumes that when providing personal data the User:

9.1. has legal capacity. If a person using the Website lacks legal capacity, consent to personal data processing is provided by their legal representative;

9.2. provides accurate information about themselves (or about a person lacking legal capacity whom they represent). The User independently keeps the personal data provided up to date;

9.3. independently keeps the personal data provided up to date;

9.4. understands that information posted by the User on the Website may become accessible to other persons and may be copied or disseminated by such users in the cases provided in this Policy.

10. The Company processes personal data according to the following principles:

10.1. lawfulness;

10.2. limiting personal data processing to achieving specific, predetermined and lawful purposes;

10.3. preventing personal data processing incompatible with the purposes of collecting and/or storing data received from the User;

10.4. ensuring that the content and extent of personal data processed correspond to the purposes of processing;

10.5. preventing processing of data excessive in relation to the purposes of processing;

10.6. ensuring the accuracy, sufficiency and currency of personal data in relation to the purposes of processing;

10.7. destroying or anonymising personal data to prevent disclosure when the purposes of processing have been achieved, processing is no longer necessary, or the User requests destruction of personal data or submits a withdrawal of consent to personal data processing.

11. When processing personal data, the Company takes the necessary and sufficient organisational and technical measures to protect personal data against unlawful access and other unlawful actions involving personal data.

The Company processes Users’ personal data subject to the following:

11.1. Users’ personal data are processed using databases located in the Kyrgyz Republic.

11.2. Personal data are processed both with and without automated means.

11.3. The Company undertakes not to transfer information received from the User to third parties except as expressly provided in this Policy.

Where necessary, Users’ personal data are transferred to third parties — the Company’s partners — on the basis of Users’ consent in order to fulfil obligations to Users.

11.4. The Company and, where it is necessary to transfer Users’ personal data to third parties — the Company’s partners — those persons undertake to keep the data confidential and not disclose or disseminate personal data without the User’s consent, unless otherwise provided by applicable legislation and/or this Policy.

11.5. Users’ personal data are stored on electronic media and, for the purpose of fulfilling obligations to Users, may be stored on physical media after the personal data have been extracted.

11.6. Personal data are stored for the period objectively necessary to fulfil obligations to Users, determined by the earliest of the following events:

11.6.1. until the User deletes personal data through their personal account;

11.6.2. until the Company destroys personal data upon receiving the User’s request to destroy personal data or withdraw consent to their processing;

11.6.3. until the User’s consent expires.

11.7. Except where it receives a request to destroy data or a withdrawal of consent to processing, the Company may retain the User’s personal data in anonymised form after fulfilling its obligations to the User for the purposes specified in clause 8.7 of this Policy.

12. Where Users’ personal data must be transferred to third parties — the Company’s partners — in cases expressly provided in this Policy, such transfer is subject to the following conditions:

1.1. the third party — the Company’s partner — ensures the confidentiality of personal data during processing and use, and undertakes not to disclose data to other persons or disseminate Users’ personal data without their consent;

1.2. the third party — the Company’s partner — guarantees compliance with the following personal data security measures during processing: use of information protection tools; detection and recording of unauthorised access to personal data and measures to restore personal data; restriction of access to personal data; monitoring and assessment of the effectiveness of personal data security measures applied; and other measures provided by legislation;

1.3. the third party — the Company’s partner — is prohibited from transferring and disseminating Users’ personal data.

2. The following do not constitute a breach of obligations under this Policy: transferring information in accordance with justified and applicable requirements of the legislation of the Kyrgyz Republic; the Company providing information to partners acting under a contract (agreement) with the Company to fulfil obligations to the User; and the Company transferring anonymised User data to third parties to assess and analyse the Company’s Website, provide personalised recommendations, display advertisements based on the User’s personal preferences and settings, and conduct marketing, analytical and/or statistical research.

3. The Company may use cookie technology. Cookies are data automatically transmitted to the Company while the Website is used, through software installed on the User’s device, including IP address, geographical location, information about the browser and type of operating system on the User’s device, technical characteristics of the hardware and software used by the User, and the date and time of access to the Website.

Cookies do not contain confidential information. Cookies are used to remember the User’s preferences and settings and to collect analytical data on Website visits. Use of the Website means that the User agrees to the use of all cookies and analytical data on Website visits and to their transfer to third parties.

4. The Company receives information about the User’s IP address and the website from whose link the User arrived. This information is not used to identify the visitor.

5. The User has the right to receive information from the Company concerning the processing of their personal data. The Company provides the User or their representative with access to personal data relating to the User free of charge.

If information is found to be incomplete, inaccurate or outdated, the Company shall, on the basis of information provided by the User, make the necessary changes to the User’s personal data within no more than 7 (seven) working days and notify the User of the changes.

If the User or their representative provides the Company with evidence that their personal data were obtained or processed unlawfully, or that actions involving their personal data do not correspond to the purposes of processing, the Company undertakes to destroy such personal data within no more than 7 (seven) working days and notify the User of the measures taken.

Appendix No. 1 to the Public Offer for the Provision of Paid Services

These Payment and Refund Rules (hereinafter the “Rules”) govern relations between the Contractor and the Client concerning payment for services under the Agreement and refund of the paid cost of services in the event of early termination of the Agreement.

1. The final cost of the Services is determined by the service selected by the Client. The Services are paid for by cashless transfer using one of the methods specified on the Website, at the Client’s choice, by crediting funds to the Contractor’s account.

2. VISA, MasterCard, ELKART and MIR cards are accepted for payment on the Website.

Payments are transferred in accordance with the rules of the international payment systems Visa, MasterCard and MIR (hereinafter the “payment systems”), on the principles of payment confidentiality and security, using modern verification, encryption and data transmission methods over closed communication channels. For questions about the rules and procedure for payment through payment systems, the Client follows the rules of the relevant payment systems and contacts their operators directly for clarification and consultation. The Contractor reserves the right to provide informational support concerning payment for Services through payment systems within its competence; however, nothing in this Appendix obliges the Contractor to provide such support, be responsible for the completeness of the information provided, or bear other consequences of the Client’s choice of payment method and/or payment system.

3. To pay for Services by Visa, MasterCard or MIR bank card, select the payment method by clicking “Payment by bank card”, then click “Pay” to complete payment.

4. Payment for an order is made after redirection to the secure payment page of the payment system operator and/or the relevant bank, where bank card details are entered. Connection to the payment page and transmission of information take place in secure mode using 3D Secure technology.

On the bank card details page, the Client must enter the card number, cardholder’s name, expiry date and three-digit security code (CVV2 for VISA or CVC2 for MasterCard). All the required details are printed on the card itself. The three-digit security code consists of three digits on the back of the card. If the Client’s bank supports MasterCard SecureCode or Verified by Visa secure online payment technology, a special password may be required to make the payment.

5. The Client’s bank card details are not stored on the Contractor’s server or the Website, and the Contractor has no access to the Client’s payment details.

The confidentiality of information provided by the Client, including personal data and payment details, is ensured by the relevant payment system operator and/or the Client’s bank.

Information entered by the Client, including payment and bank card details, is not provided to third parties except in cases prescribed by the legislation of the Kyrgyz Republic.

6. The bank may decline payment in the following cases:

6.1. the bank card is not intended for online payments. The Client may find out about this by contacting the servicing bank;

6.2. the bank card has insufficient funds for payment.

The Client may obtain further information about available funds by contacting the bank that issued the card;

6.3. the bank card details have been entered incorrectly;

6.4. the bank card has expired.

The card’s expiry date is usually stated on the front of the card (the month and year until which the card is valid). The Client may obtain further information about the expiry date by contacting the bank that issued the card.

7. The Contractor does not control the hardware and software of the payment system and/or bank. If the Client’s funds are debited as a result of an error but the payment is not authorised by the payment system and/or bank, the payment system operator and/or the relevant bank is responsible for refunding the funds to the Client.

8. A service specified on the Website may be paid for in the amount of 25% of its cost as an advance payment (reservation) securing a place on the forthcoming course. This payment fixes the original service price; an increase in prices under the price list does not change the service price where an advance payment has been made.

9. Funds paid by the Client may be refunded in the following cases:

9.1. the Service was not provided within the established period due to the Contractor’s fault;

9.2. in the cases specified in clause 10 of this Appendix;

9.3. in the cases specified in clause 11 of this Appendix;

9.4. where the service is not an advance payment under clause 8 of this Appendix.

10. For the avoidance of ambiguity: if the Client declines services paid for using borrowed funds (bank products such as consumer loans, instalment plans, etc.), the refund amount and the Contractor’s expenses are calculated from the amount actually received by the Contractor from the bank in payment for services provided to the Client.

11. No later than 15 working days before the Event, the Client may notify the Contractor that they cannot participate by sending a written application to the Contractor at montepsycenter@gmail.com. If the Contractor is notified within that period, the Client may request a refund of funds paid for the Contractor’s services in holding the Event or request that the funds be transferred towards another event selected by agreement with the Contractor. In other cases, the Client’s funds are refunded less 1/3 (one third) of the cost of the paid services.

12. If the start of the Event is postponed, the Client may request a refund of the funds transferred to the Contractor’s settlement account in payment for the services, at the Agreement price. Funds may be refunded upon the Client’s written request emailed to the Contractor at montepsycenter@gmail.com.

13. The Contractor may decline to refund the cost of a service paid under clause 8 (advance payment), since payment of 25% reserves a personal place at the event. In this case, the Contractor may send the Client notes for the reserved event.

14. The Services are deemed to have been provided properly and in full, and the funds paid by the Client for the Service are non-refundable, if the Client breaches the rules of the programme, training or lecture and their participation is terminated, including in the circumstances set out in this Offer.

15. Refunds are made to the account from which payment was made within up to 30 days from receipt of the Client’s Application (the specific refund period depends on the bank that issued the Client’s card).

16. If the Client’s payment details change, or if services are paid for by a banking organisation using borrowed funds, the Client shall specify the bank details for the refund in the Application.

17. If the Client does not provide bank details, the Contractor is not responsible for incorrect and/or late transfer and/or failure to transfer funds using the Client’s payment details specified when paying for the services.