Public offer agreement for the rendering of information and consulting services
June 1st, 2023
The current document constitutes a formal Offer (hereinafter "Offer") made by
| Company Name / اسم الشركة | Lacy Bird International L.L.C-FZ لیسي بیرد انترناشونال ش.ذ.م.م-منطقة حرة |
|---|---|
| Formation Number / رقم التأسیس | 2204627 |
| License Number / رقم الرخصة | 2204627.01 |
| Address/العنوان | Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, U.A.E. مركز الأعمال 1، طابق المیزانین، فندق المیدان، ند الشبا، دبي، الإمارات العربیة المتحدة |
(hereinafter "Lacy Bird"),
regarding entering in the Consulting service agreement under the terms and conditions specified hereby.
1. Terms and definitions
Below are the terms and definitions as used herein with their corresponding meanings:
Offer – the current document as published on the following webpage: https://academy.lacybird.com/terms-of-service and containing all the essential terms and conditions of the Consulting service agreement.
Acceptance – an action of acceptance terms and conditions of the Offer hereof fully and implicitly by doing any expression of intent used to conclude an agreement specified in Section 5.
Agreement – the fee-based information and consulting service agreement between Customer and Lacy Bird, concluded upon Acceptance of the current Offer.
Customer – any competent individual accepted this Offer and signed up to the Lacy Bird's website.
Website – Lacy Bird Academy's website with the following URL: www.academy.lacybird.com.
E-mail: Lacy Bird Academy's's email – lba@lacybird.com.
Customer area — a common name of website sections entered by Customer upon authentication (entering Customer's e-mail and password). Customer is responsible for all activities and orders that occur or are committed in his Customer area.
2. Scope of agreement
2.1. Under this Agreement, Lacy Bird, upon Customer's request and acceptance the particular Service, published on the Lacy Bird's website, shall provide correct information and consulting services (hereinafter "Service") and Customer shall pay for the Service.
All Services are informational in their nature and are aimed to obtain an additional knowledge and skills in the sphere of modern floral design.
2.2. Name, type, scope, form (online, offline), number of participants (if applicable), place (when rendered offline), price in United Arab Emirates Dirham (hereinafter "Dirham"), starting date and period of Service are published on the Lacy Bird's website: https://academy.lacybird.com
3. General terms of service
3.1. The Service shall be rendered by Lacy Bird only if Customer fulfils the following conditions:
3.1.1. Customer has signed up to the Customer Area on the Lacy Bird's website.
3.1.2. Customer has accepted the Offer hereof before the Service starting date pointed on the Lacy Bird's website.
Customer retains the right to revoke any request to the Service made till the starting date of the particular Service.
3.1.3. Customer has placed an Order and paid for the Service in full before the starting date of the latter.
3.1.4. The published prices do not include all necessary technical equipment and materials specified in the description of particular Service, including internet access for online Services, that Customer should possesses.
3.2. Forms of rendering the Service:
3.2.1. Online Service – the remote Service rendered upon providing to Customer, via Customer Area on the Website, an access to recordings of information courses (hereinafter "Course") and/or holding group online courses in form of a webinar/master class. Access period is specified by description of the Course on the Website. Lacy Bird provides an unlimited access to paid recordings of information courses, excluding the cases specified in the Agreement hereof. Lacy Bird delivers an access to Lacy Bird support feedback for 3 month since the starting date of the particular course.
Online Service shall be considered properly and in full provided from the date of granting the access to course recordings, and/or upon ending of a webinar.
3.2.2. Offline Service – the Service rendered at specifically equipped stylized space pointed in the description of the particular Service.
Offline Service may comprise additional online courses/webinars/master classes, tools and/or materials.
Unless specifically provided otherwise by the Service description, the offline Service is rendered for a group, not individually.
Offline Service shall be considered rendered properly and in full upon the ending of the course.
The fact of rendering the Service by Lacy Bird may be acknowledged by issuing a Certificate for Customer.
3.3. Lacy Bird is entitled to engage third parties for rendering the Services under this Agreement.
3.4. Rights and obligations implied by this Agreement shall not be transferred by Customer to any third parties without a prior written consent of Lacy Bird.
3.5. The Parties agree that reclamations regarding the Service shall be made no later than three days after termination of the period of rendering the Service.
4. Terms and procedure of rendering the services
4.1. Customer shall submit a Request for the Service through the Customer area on the Website (https://academy.lacybird.com) or through e-mail: lba@lacybird.com.
4.2. After submitting a Request, Customer shall pay for the Service as per Section 5 of this Offer.
4.3. Lacy Bird shall render the Services to Customer in accordance with procedure, form and timeframe set out in the announcement of the Service.
4.4. All intellectual activity products, graphic, design, image and mock-up elements, photographic and videographic works, domains, sites and components thereof, social network pages, materials and information provided in the courses of rendering the Services shall be the property of Lacy bird, shall be considered confidential and may not be audio- and/or video-recorded, copied, transferred, replicated, distributed, forwarded, published, modified, altered, supplemented or otherwise transferred as well as used for commercial, professional purposes without entering into a supplement to that effect and obtaining a formal written consent of Lacy Bird.
4.5. By accepting this Offer, Customer is notified and agrees that:
4.5.1. Lacy Bird is entitled to take photographs and record videos of the Service rendered
4.5.2. Customer is not the primary object of photographs and video recordings, his personal data won't be used for promotional and marketing purposes.
4.5.3. The primary object of photographs and video recordings is the Service as Lacy Bird's professional field of concern.
4.5.4. Photographs are taken and video recordings are recorded for advertisement of the Lacy Bird's professional field of concern.
4.5.5. Lacy Bird has the exclusive right of ownership regarding photographs and video recordings. Customer's consent in accordance with this clause shall be effective as of the date of entering in the Agreement, and covers any objects created by Lacy Bird during rendering the Services.
4.5.6. This consent may be withdrawn by Customer in any time by notifying Lacy Bird in writing, at the address set out in the Agreement.
4.6. By accepting this Offer, Customer gives their consent for processing their personal data in accordance with the UAE's law regulation in force and with the policy published on Lacy Bird's website: academy.lacybird.com with the purpose of entering in the Agreement and obtaining the Service ordered.
4.7. Lacy Bird protects the privacy and security of Customer and exempt their data of usage from promotional and marketing purposes without prior Customer consent.
5. Costs of services and remuneration
5.1. Costs of Services are provided at academy.lacybird.com.
5.2. Lacy Bird may change the cost of the Service. Current cost of the Service is available for Customer at Lacy Bird's website. Cost of the Service paid by Customer shall not be changed. All special prices are valid for days pointed by Lacy Bird as the special Offer sent to Customer.
5.3. All the payments under this Agreement shall be made in Dirham, in cash or through a bank.
5.4. Customer shall be responsible for the payment, including following all the required payment procedures.
5.5. Payment for the Service shall be made by Customer fully and in advance. Payment can be made by Customer in parts, provided that the full amount is paid before Lacy Bird starts rendering the Service.
5.6. Lacy Bird provides a Consumer with a dated Invoice within Federal Law No. 15 issued on 2020/11/10.
5.7. Moreover, Lacy Bird may provide an installment payment option to Customer if that specified in the description of the particular Service and if Customer submit an additional forms provided by Lacy Bird.
If Customer chooses to proceed with an installment payment option, so by accepting this Offer:
- Customer agrees and obliged to follow terms and conditions of the provided installment payment option specified in the description of particular Service, including payment terms.
- Customer agrees and stays notified that in case of breaking payment terms more than 7 calendar days, the access to recordings of information courses and Lacy Bird support feedback are terminated until Lacy Bird receives the payment.
- Customer agrees and stays notified that Lacy Bird may share with third parties specified in the Personal data protection policy, Customer's Personal data, such as last name, first name, patronymic and provided communications data, such as telephone number, e-mail address, passport data, proof of domicile address such as rent/any communal services bills with Subject's last name, first name, address in order to further communication with Customer necessary to resolve possible installment payment issues in Subject's debts collection to the Company.
6. Term of validity and modifications
6.1. This Agreement shall be effective from the exact moment when Customer Accepts this Offer, and is valid until the Parties fulfil their duties under this Agreement in full.
6.2. Lacy Bird is entitled to modify this Offer on a unilateral basis. Notification on such modifications shall be made by publishing an effective revision of this Offer on the Lacy Bird's website. Customer refers to the revision of this Offer effective at the date of Acceptance.
6.3. In case Lacy Bird modifies the date, period, form, scope, cost or any others aspects of the Service, Customer shall accept the modified aspects by sending e-mail, WhatsApp, Telegram, SMS, Customer Area messages, paying the modified costs of the Service, or other activities involving contact information provided to Lacy Bird by Customer.
6.4. In case of events set out by clause 7.3 of this Agreement, the Parties may agree on changing the form of the Service (including rendering the Service online), its scope, cost, or starting date. Such modified aspects shall be accepted by Customer as per clause 6.3 of this Agreement.
6.5. Customer is entitled to request modifications of the date and/or period of rendering the Service, our request to change the Service to another service published on Lacy Bird's website. Such request shall be sent by Customer no later than 7 days before starting date of the Service. If Lacy Bird accepts such modifications, the Parties shall be governed by provisions of this Agreement.
6.6. Customer is entitled to withdraw from this Agreement before rendering of the Service is completed. For this, Customer shall notify Lacy Bird on such withdraw by an e-mail. The Agreement shall be considered terminated from the moment when Customer send such an e-mail notification to Lacy Bird's address. In such case, cost of the Service paid may be, upon a Customer's decision, either deducted from the cost of future services as per Clause 6.5, or paid back to Customer with retention of the costs actually incurred by Lacy Bird.
7. Liability of the parties
7.1. The Parties shall be held liable for nonfulfillment or improper fulfilment of the provisions of this Agreement in accordance with the law of United Arabian Emirates.
7.2. All the disputes and differences that may arise from or be related to this Agreement, shall be resolved by negotiations between the Parties. If the Parties are unable to come to an understanding by negotiations, they are entitled to resort to court.
7.3. Any party that fails to fulfil, in full or in part, its obligations under this Agreement, shall be held liable, except when such Party can prove that such nonfulfillment can be attributed to acts of God (force majeure), such as natural phenomena (earthquakes, floods, etc.), mass quarantines, pandemics, lockdowns, disasters, acts of terror, wars, acts of civil disobedience, moratoriums of government authorities.
The Party referring to a force majeure shall inform another Party on such force majeure within 15 (fifteen) calendar days after it occurred through e-mail or Customer area on the Lacy Bird's website. Lacy Bird has the right to inform Customer on a force majeure by posting corresponding information on the Lacy Bird's website.
The current Offer is published June 1st, 2023
