Terms of Use for Students

• I. DEFINITION

  • 1. Administrator is the company UpSkills OU with registered office at Tuukri tn 19 Tallinn Harjumaa Tallinn, 10152 Estonia, tax number EE 102223332, which is the owner of the Website.

  • 2. Personal data - any information relating to the Student as a natural person who is identified or can be identified.

  • 3. Messenger - ZOOM messenger provided by an external provider, integrated with the Website for conducting Lessons, or a messenger provided by the Administrator, integrated with the Website for constant text communication between the Student, the Tutor and Administrator.

  • 4. Tutor is a qualified teacher who provides education services to Students through the Website.

  • 5. Lesson is a calculation unit in which Education is measured service lasting 30, 60, 90 minutes.

  • 6. Package of lessons - a fixed number of Lessons, which are paid by the Student by prepayment. The current types of lesson packages and their prices are available on the Website.

  • 7. Free lesson is a trial and organizational meeting with the Tutor, which precedes the Student's purchase of a paid Educational service from this Tutor through the Website, during which, among other things, the teaching method is agreed upon, the Student's needs are determined in order to adapt the subject of classes and the teaching method.

  • 8. Bonus lesson - a lesson conducted by the Tutor in accordance with loyalty programs, referral programs or promotional offers available to Students on the Website, which is not subject to payment by the Student.

  • 9. Balance of prepayments is the sum of money transferred by the Student to the Administrator as a prepayment for the Educational services provided by the Tutor, minus the cost of the Lessons already held with the Student.

  • 10. Bonus account - information about the current balance of Bonus lessons available to the Student.

  • 11. Student - natural person who accepted the terms of these Rules and created a Student Account on the Website.

  • 12. Account is a memory space in the infrastructure of the Website, protected by the Student's password, in which the totality of the Student's data is stored.

  • 13. Privacy Policy - the "Privacy Policy" document, which defines the Rules for processing Personal Data by the Administrator and is available for review on the Website.

  • 14. Rules - this "Student Offer" document, which defines the Rules for the Student's use of the Website, as well as the scope and conditions of provision of Educational services provided to the Student by the Tutor through the Website.

  • 15. Complaint - the Student's appeal to the Tutor, submitted through the Website, containing a claim regarding the provision of the Educational Service.

  • 16. Website - Internet platform located on the Internet for at https://bukischool.com.ua together with all the subpages that make up its parts, provided by the Administrator so that the Student can receive Educational Services from the Tutor.

  • 17. Contract for the provision of educational services is an agreement concluded through the Website between the Tutor and the Student for the provision of Educational services in the subject chosen by the Student, through the Student's acceptance of the Tutor's offer through the functionality of the Website.

  • 18. Educational Services - services provided by the Tutor to the Student in the selected subject available on the Website, in accordance with the Agreement on the provision of educational services.

• II. TERMS

  • 1. The Rules determine the conditions for the Student's use of the Website, in particular, regulate the Student's rights and obligations when visiting the Website and using the functions and services offered on it. Using the Website, the Student can receive Educational Services from Tutors after creating an Account.

  • 2. These Rules, as a standard contract in electronic form, are available for perusal by the Student on the Website. Acceptance of the Rules by the Student is carried out during his registration on the Website. After registering on the Website and accepting the terms of these Rules, they become legally binding for the Student.

  • 3. The Administrator constantly takes measures to improve the quality of the Website's functioning, but warns that errors and technical problems may occur when using it. In the event of such a situation, the Student must notify the Administrator at the email address: [email protected].

  • 4. The content and appearance of the Website are the intellectual property of the Administrator or its licensors, are protected by law and may not be copied.

  • 5. Before using the functionality of the Website and creating an Account, the Student must familiarize himself with all provisions of the Rules, Privacy policies available on the Website.

  • 6. All correspondence regarding the implementation of these Rules should be sent to the Administrator by regular mail to the following address: Tuukri tn 19 Tallinn Harjumaa Tallinn, 10152 Estonia or electronically to the following email address: [email protected]

• III. WEBSITE TERMS OF USE

  • 1. The Student is obliged to use the Website in accordance with the Rules, current legislation and good practices accepted for using the Internet and carrying out activities through it.

  • 2. The Student undertakes not to take any actions that may affect the proper functioning of the Website. In particular, any interference with the content posted on the Website pages is prohibited, and the Administrator may deprive the Student of the right to use the Website (terminate the Website Access Agreement), as well as limit his access to the Website with immediate effect in the event :

  • a) the Student's use of the Website in a way that does not comply with the Rules, current legislation and principles of social coexistence;

  • b) provision of false or outdated data by the Student, especially if it is false data or data of another person;

  • c) violation through the Website of the personal rights of third parties, in particular the personal rights of other Students.

  • d) in case of placing illegal entries on the Website, in particular:

  • • content that supports radical views or social views, including racial, ethnic, sexual, religious, etc. discrimination,
    • content that is vulgar or contains profanity,
    • content that is generally considered offensive and indecent,
    • content that promotes the use of drugs or illegal intoxicants, promotes the use of alcohol, contains links to websites that violate the law or decency,
    • pornographic content,
    • commercial, advertising and promotional content,
    • content promoting fascism, nazism, communism, racism, violence, etc.
    • content that violates personal rights or copyrights of third parties, in particular, authors of textbooks and other scientific studies,
    • content copied from other websites or containing links to other websites.

  • 3. If the Administrator revokes the Student's right to use the Website, the fee for the Lesson Package in the part that was not used for Educational Services at the time of the termination will be returned to the Student. To make this payment, the Administrator will use the same payment method that the Student originally used to purchase the Lesson Package.

  • 4. Any illegal entries will be removed from the Website, and the Administrator reserves the right to take specific factual and legal measures against the Student who posts the illegal content mentioned above, including the blocking of the Account, as well as to file claims for damages, in particular in in case of violation of copyrights of third parties.

  • 5. The Student agrees to receive commercial offers from the Administrator, which consist in the Administrator sending to the e-mail address provided by the Student, messages containing information about the launch of new functionalities and services within the Website or information about new services or products of the Administrator.

  • 6. The website becomes available to users without the need for registration when using the service in the form of viewing the content of the website.

  • 7. Persons under the age of 16 may not use the Website or register on their own, in which case only a parent or legal guardian of such person may register.

  • 8. The Administrator has the right to conduct periodic promotions on the Website. The terms and conditions of the promotion will be provided from time to time on the Website or via the mailing service.

• IV. Student’s Account

  • 1. In order to receive Educational Services, the Student must have an Account.

  • 2. To register an Account, the Student must fill out one of the electronic forms provided by the Administrator within the Website, specifying the name, phone number and email address.

  • 3. The Student is obliged to provide only his real data. By providing the data, the Student declares that the data is true. If the Student provides false data, the Administrator has the right to refuse the registration or - if it is established that the data does not correspond to reality, after registration - the right to block the Student's Account. The Student will be informed by the Administrator by e-mail to the e-mail address specified in the Account about the fact and the reasons for the refusal to register or block the Account. The Student is obliged to immediately update his personal data (in particular, e-mail address) if they have changed after registration. The data can be changed after logging into the Account in the "Personal data" tab by entering the changed data and clicking the "Save" button. Changes will be made on the Website within 24 hours.

  • 4. Registration on the Website requires familiarization and acceptance of the provisions of the Rules, as well as familiarization with the Privacy Policy. Links to both of the above documents will be available to the Student along with the electronic form used to register on the Website. The Student agrees to the provisions of the Rules by checking the appropriate flag under the electronic form.

  • 5. Access to the Account is provided by an individual login (that is, the phone number specified during registration) and a password.

  • 6. A Student is entitled to create and have only 1 (one) Account on the Website.

  • 7. The Administrator takes measures to prevent access to the Account by unauthorized persons (except the Student). However, these actions may not be enough if the Student himself does not follow the relevant safety Rules. The Student must keep his access data for entering the Website confidential and not share them with third parties. In particular, the Student should be especially careful when using the functionality of automatic saving of logins and passwords available in some computer programs, in particular, if the Website is used using different devices or under different IP numbers.

  • 8. In the Student's Account, information is available on the current status of the Advance Payment Balance and the Bonus Account.

  • 9. The Student has the right to delete his Account at any time without giving a reason. For this, the Student must send an e-mail to the Administrator at the following address:[email protected] with a request to delete the Account. The Administrator will remove within 7 (seven) days from the moment of receiving the Student's appeal in accordance with the above. If the Student has an active Agreement on the provision of educational services, the Account cannot be deleted until it is terminated.

• VI. BONUS LESSONS

  • 1. Each Student who has not previously used the Education Services on the Website with a particular Tutor for a particular subject is entitled to a Free trial lesson during which, among other things, the Tutor gets to know the Student and his needs in order to be able to adapt the subject of the lessons, the method teaching to the individual needs of the Student.

  • 2. A free trial lesson lasts approximately 60 minutes (minimum 40 minutes).

  • 3. The Student may also be credited with Bonus Lessons in accordance with loyalty programs, promotional offers, etc. available to the Student on the Website.

  • 4. Bonus lessons are calculated for a duration of 30; 60; 90 minutes.

  • 5. Information about the current balance of Bonus lessons available to the Student is contained in the Bonus account, the status of which the Student can view in the Account.

  • 6. The accrued Bonus lesson, which was not used by the Student, is debited from the Bonus account after 365 calendar days from the moment of its accrual, and the Student loses the right to conduct it without any compensation from the Administrator.

  • 7. Free lessons and Bonus lessons are not subject to any exchange or compensation, including monetary, by the Administrator.

• VI. EDUCATIONAL SERVICES

  • 1. The contract for the provision of Educational services is concluded directly between the Student and the Tutor through the Website by the Student's acceptance of the Tutor's offer.

  • 2. The Administrator is authorized to act on behalf of the Tutors, including concluding Agreements on the provision of educational services with Students on their behalf.

  • 3. The Administrator is authorized to accept payments from Students on behalf of Tutors, which does not make him a party to the Contracts for the provision of educational services concluded between Students and Tutors.

  • 4. Funds received from the Student as payment for the Lesson Package chosen by him are credited to the Advance Payment Balance, from which the cost of the Lessons (as they are conducted) is debited in favor of the Tutor.

  • 5. Tutor and Student may only organize online lessons through the Website using the tools available there, including Messenger.

  • 6. After registering an Account, the Administrator contacts the Student at the phone number specified during registration, offers a Tutor along with information about whether or not the Tutor has the status of an entrepreneur, and sets the date of the Free trial lesson (if the Student is eligible).

  • 7. If the Student is eligible for a Free Trial Lesson, the Tutor will conduct such a free Trial Lesson with the Student before the Student decides to purchase the Lesson Package. If the Student is not eligible for a Free Trial Lesson, he can immediately purchase a Lesson Package.

  • 8. After purchasing the Package of Lessons, as a result of which the Prepayment Balance was replenished, the Student will be able to choose (replace) a Tutor from among those offered by the Website in order of priority.

  • 9. The contract for the provision of educational services between the Tutor and the Student is concluded from the moment the Student accepts the Tutor's offer by registering the Student for the first Lesson through the functionality of the Website available to him.

  • 10. The Tutor and the Student receive confirmation of the conclusion of the Agreement on the provision of educational services in their own Accounts in the form of the assigned Lesson.

  • 11. Payment for Lessons is made by Students using the package system. Each Lesson Package purchased by the Student is personal and distributed to one person. There are 4 Lesson Packages available on the Website:

  • • A package of 6 lessons,
    • A package of 12 lessons,
    • A package of 20 lessons,
    • A package of 50 lessons,

  • 12. The Administrator declares that the total cost of the Lesson Package is indicated on the Website. The price indicated there on the date of purchase of the package by the Student is binding for the parties.

  • 13. Payment for the ordered Lesson Packages is made by bank card online on the Website.

  • 14. The condition for starting the provision of Educational services is payment for the Lesson Package in full to the Administrator's bank account.

  • 15. If the Student has chosen a Lesson Package and has not made the payment, the Student will receive a letter from the Administrator by e-mail with information about the lack of payment with a request to make it within 3 days with the possibility of canceling the application in case of non-payment.

  • 16. The contract with the Tutor is concluded by the Student for an indefinite period, that is, for the duration of the provision of Educational services, which cover the Lessons according to the schedule agreed upon jointly by the Student and the Tutor.

  • 17. The provision of Educational services is carried out remotely using Messenger, which allows to ensure the protection of the security of conversations and confidentiality.

  • 18. After concluding the Agreement on the provision of educational services, the Student and the Tutor agree on the further schedule of Lessons.

  • 19. The Administrator guarantees the number of hours of Lessons available as part of the Lesson Package, which means that if, for any reason attributable to the Tutor or the Administrator, any Lesson does not take place on the date specified in the agreed Lesson Schedule, the provision of Education Services will continue until until all the Lessons included in the Lesson Pack have been completed.

  • 20. If, for any reason, the Tutor is unable to conduct a certain number of Lessons before the scheduled end date of the Educational Service, and the Student has not accepted the new Lesson schedule, the difference between the payment made and the cost of the Lessons completed will be refunded to the Student upon his request addressed to the Administrator at: school @ buki.com.ua , by bank transfer to the account within 14 days from the date of the request.

  • 21. The Student may cancel or reschedule the Lesson to a date other than that specified in the Lesson schedule, provided that the Student notifies the Tutor of the cancellation or rescheduling of the Lesson to another date in advance of the scheduled Lesson within the time period specified in the Account, to the address: school@ buki .com.ua . Failure to comply with the condition regarding early notification due to the Student's fault will lead to the fact that the Lesson will be considered completed.

  • 22. If the Tutor does not have the status of an entrepreneur (that is, he made a statement that he does not have the status of an entrepreneur), the legislation on the protection of consumer rights does not apply to the Agreement on the provision of educational services.

  • 23. If the Tutor has the status of an entrepreneur, he is obliged to fulfill the obligations to the Student arising from the legislation on the protection of consumer rights.

• VІІ. COMPLAINTS

  • 1. The Administrator's duty is to provide the Student with the functionality of the Website used by him in accordance with the provisions of the Rules. The Administrator is responsible to the Student for the proper functioning of the service presented on the Website, in accordance with the Rules. If the Student discovers that the Administrator violates the Rules, he has the right to submit a complaint by mail to the following address: Harjumaa Tallinn, Pae tn 25-47, 11414 Estonia or by e-mail to the following e-mail address: [email protected]

  • 2. Complaints regarding Educational Services are sent through the Administrator by regular mail to the address: Harjumaa Tallinn, Pae tn 25-47, 11414 Estonia or by e-mail to the following e-mail address:[email protected] . The Administrator sends the Tutor for consideration of the Complaint regarding the Educational Service.

  • 3. The complaint must include the details of the person submitting the complaint (surname, first name and patronymic, contact details), as well as the service to which the complaint relates, the reasons for the complaint and the content of the appeal.

  • 4. If the data or information provided in the complaint does not allow the complaint to be accepted, the Administrator will ask the Student to clarify any doubts or provide additional information, if necessary for the complaint to be accepted, specifying such doubts or the necessary information.

  • 5. The Administrator and the Tutor are obliged to respond to the complaint submitted by the Student within 14 (fourteen) days from the date of its receipt by the Administrator or the receipt of additional information specified in point 4 above.

  • 6. The Administrator provides a response to the complaint in electronic form to the email address from which the Tutor sent the complaint to the Administrator, or to another email address specified above by the person in the complaint or sends it by regular mail to the address specified by the Tutor, if the persons specified in the content of the complaint request send a reply by mail to the mailing address specified in the content of the complaint.

• VIII. DISCLAIMER OF AGREEMENT

  • 1. A Student may withdraw from the Agreement on the provision of educational services without giving reasons by submitting a relevant application within 14 (fourteen) days. For this purpose, it is sufficient to send a statement of withdrawal from the contract to the e-mail address: [email protected] .

  • 2. In the event of the Student's refusal of the Agreement on the provision of educational services, the Administrator shall return to the Student the unused balance of the Advance Payment Balance no later than 14 (fourteen) days from the date of receipt of the request for a return from the Student.

• IX. INTELLECTUAL PROPERTY RIGHTS IN THE WEBSITE AND THE CONTENT AND MARKS CONTAINED ON THE WEBSITE

  • 1. The Administrator or its licensors own all intellectual property rights, including personal non-property or proprietary copyrights, rights arising from trademark registrations and other intellectual property rights ("Intellectual Property Rights") in the Website as a whole, as well as its individual elements. The content, texts, concepts, photographs, graphics, Beeches logo and trademark, sounds, animations and videos contained on the Website and their placement on the Website and on the Website itself as a whole, educational materials , posted on the Website's website, newsletter messages are protected by copyright and other intellectual property laws ("Content").

  • 2. The use of the Website (including its content) by any entity does not constitute the acquisition of any rights to intangible assets, including, but not limited to, economic copyright or other intellectual property rights in the content. The Student may read and use this content only within the scope of permitted personal use as defined by the provisions of copyright and related rights laws.

  • 3. Unless otherwise expressly provided by the provisions of the Rules or the information contained on the Website, all trademarks, trademarks, logos and other marks displayed on the Website ("Marks") are protected by law. Consent to the use of the Website by the Student does not equate to permission to use the Marks posted on the Website. Any use of the Marks or similar marks or names is prohibited unless the Administrator agrees to such use in writing under penalty of invalidity.

  • 4. Except to the extent permitted by permission granted under the Regulations, Students may not copy, download, distribute, publish, modify or use the Content or any part thereof and all Intellectual Property Rights on any website or computer network ( in particular using any means of electronic distribution) or using the Content in any other way without obtaining the prior written consent of the Administrator.

  • 5. The Administrator declares that in the event of any violation of the intellectual property rights of the Content or Marks, or of the Website as a whole or its individual parts, it will strictly enforce the intellectual property rights of itself or its licensors related to the Website . to the fullest extent permitted by law, including, in particular, through criminal proceedings.

  • 6. With respect to any information, photographs or materials that a Student provides to the Administrator through the Website, including, for example, his own photograph used in his profile, at the time such information, photographs or materials are provided, such Student grants the Administrator a free, non-exclusive a license to use this content (in whole and in any part) worldwide for the purpose of posting, displaying, storing on the website, as well as anywhere over the Internet, including search engines and social networking sites, in marketing activities, linked to the Website by placing a link to the photograph on the Internet - also through external websites and social networks, during an initial period of 5 (five) years, but after 5 (five) years the contract becomes a contract, concluded for an indefinite period, and the Student will be granted the right to terminate the license granted for an indefinite period with a 2-year (two-year) notice period, with the right to grant sublicenses by the Administrator in all currently known areas of use, in particular:

  • • a) recording, reproduction, input into computer memory and publication of content in such a way that anyone can access it at a place and time of their choice (including the Internet, mobile phone networks and other electronic communication networks, regardless of number of broadcasts, requests and copies made);
    • b) multiplication by any printing technique.

  • 7. The Student consents to the modification of the content and use by the Administrator of derivative copyrights for the works and authorizes the Administrator to grant consent to third parties for the exercise of derivative copyrights for the modified works. The Administrator may use the provided content at his discretion, including with or without attribution.

• X. PERSONAL DATA PROCESSED BY THE Administrator

  • 1. The Administrator is the controller (within the meaning of Article 4, Clause 7 of Regulation 2016/679) of Personal Data provided by the Student in connection with the use of the Website.

  • 2. The Administrator attaches great importance to protecting the privacy of Students and keeping Personal Data confidential, and also declares that it takes appropriate organizational and technical measures to ensure the processing of Personal Data in accordance with the current legislation on the protection of personal data, including the provisions of Regulation 2016/679.

  • 3. Detailed Rules for collecting, processing and storing Personal Data by the Administrator are described in the Privacy Policy.

  • 4. Before using the Website, and in particular before providing any Personal Data to the Administrator using electronic forms available as part of the Website, the Student should carefully familiarize himself with the provisions of the Privacy Policy.

• XI. FINAL PROVISIONS

  • 1. Any comments or questions regarding the functioning of the Website should be sent by e-mail to the following e-mail address:[email protected] . The Administrator reserves the right not to answer the selected questions, in particular, in the situation when the Administrator has previously provided clarification on a similar or similar problem and placed them in the "FAQ" or a similar tab on the Website / other documents containing recommendations;

  • 2. The Administrator is not a party to the Agreements on the provision of educational services services concluded between the Tutor and the Student, and does not participate in the provision of Education services to the Student.

  • 3. The Administrator has the right to make changes to the Rules unilaterally on grounds independently determined by the Administrator. Application of the new version of the Rules is possible after informing the Student about the changes and providing him with the changed Rules, in particular by publishing them on the Website and sending them to the email address assigned to the Student Account. In such a situation, the Student has the right to terminate the Agreement on the provision of educational services. Until the date of termination of the Agreement on the provision of educational services, the Rules valid until the moment of the Student's notification shall apply.

  • 4. The Student has the right to use extrajudicial means of consideration of claims and satisfaction of claims.

  • 5. In accordance with EU Regulation No. 524/2013, we inform you that the Student has the opportunity to use an out-of-court method of resolving consumer disputes in accordance with the online dispute resolution procedure developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN.

  • 6. In the absence of amicable settlement of any disputes between the Student and the Administrator, they may be referred to the general court.

  • 7. Unless otherwise provided by mandatory provisions of the law, the applicable law is the law of the Republic of Estonia. The choice of the law of the Republic of Estonia does not deprive the Student of the protection granted to him on the basis of the provisions that cannot be excluded by these Rules, according to the law that would have been applied in the absence of the choice of law.

  • 8. The current version of these Rules is available on the Website.

• 01.03.2023