Rules
Current edition (v.1). Valid from 2021-03-01.
GENERAL PROVISIONS
1. These purchase-sale rules establish the rights and obligations between the Client and the Public Institution Advertising School, legal entity code 303372553, registered office address Savanorių pr. 4, Vilnius, Republic of Lithuania, actual office address Švitrigailos 34, Vilnius, Republic of Lithuania, (hereinafter – School) regarding Services, the procedure for purchasing and paying for Services, the conditions for their provision, and regulate other issues related to the purchase-sale of Services.
By placing an order for Courses and expressing his/her consent by marking the relevant checkbox (checkbox) with the text “I familiarized myself with the Purchase-Sale Rules, including the Privacy Policy, and I agree to them, as well as I am familiar with the refund (non-refund) policy for the amounts paid for the Courses in case I cancel or terminate participation in the Courses” (or analogous text expressing the Client's will), the Client unconditionally confirms that he/she has the right to conclude the Contract for the acquisition of Services, all provided data is correct, the Contract is concluded voluntarily, the Client has familiarized himself/herself with all the conditions of these Purchase-Sale Rules, the procedure for ordering Courses, their description, the procedure for payment for Courses, the consequences of terminating the Contract, and the refund procedure.
The Client, who is a legal entity (if the website functionalities allow purchases for a legal entity) or who purchases Courses for another individual, additionally confirms that the Student has been informed about the requirements of these Rules, the Student will comply with them, and the Client confirms that he/she is responsible for the Student's behavior.
Together with the Service order submitted by the Client on the website, these Rules become a Contract between the Client and the School, which is a binding legal document for both parties.
TERMS
Personal data – any information about a natural person – Client and/or Student, and/or their representative, whose identity is established or whose identity can be established.
Intellectual property rights – all and any rights related to copyright, inventions, patents, trademarks, industrial designs, geographical indications, business reputation, or other intellectual property rights that currently exist or will arise in the future, including all applications and registrations, their renewals and additions under the laws of any jurisdiction in any state or territory.
Client – any visitor of the website who orders and purchases Services on the website by submitting a Service order in the manner provided in these Rules.
School – refers to the Public Institution Advertising School, legal entity code 303372553, registered office address Savanorių pr. 4, Vilnius, Republic of Lithuania, actual office address Gedimino pr. 27, Vilnius, Republic of Lithuania.
Student – Client as a natural person and/or a physical person appointed by the Client as a legal entity, who will participate in the Courses.
Teachers – refers to all persons engaged by the School who conduct Courses.
Services or Courses – all and any Courses offered for purchase on the website that the Client can acquire by submitting a Service order in the manner provided in these Rules.
Privacy Policy – the rules provided on the website regarding the collection and processing of information related to the use of the website (including information about Clients, Personal data).
Registration fee (or Initial payment) – the registration fee of the amount specified in the Course description, which the Client pays to the School in accordance with these Rules.
Contract – the purchase-sale contract for Services concluded between the School and the Client according to the purchase-sale procedure set out on the website and/or in these Rules. The Contract consists of the Service order submitted by the Client to the School via the website, the provisions of the Rules, and other documents provided on the website, including the Privacy Policy, with all subsequent amendments and/or supplements.
Rules or Purchase – Sale Rules – these Purchase – Sale rules for Services, which are inseparable from the Privacy Policy.
Website – the internet website accessible at the internet address https://junior.atomicgarden.lt/, which is managed by the School.
User – the Client who is a natural person who has entered into the Contract for consumer purposes, i.e., purposes unrelated to his/her business, trade, craft, or profession.
ORDERING SERVICES (COURSES)
Clients can submit a Service order on the website and purchase Services:
natural persons who have reached adulthood (eighteen years of age) and whose legal capacity is not restricted under applicable laws. In the event that Courses intended for minors are available on the website, the order for such Services is submitted by the minor's parents (guardians) and separately indicate to the School the data of the Student who will participate in the Courses; or
legal entities (only if the website functionalities allow it), represented by a person acting according to the founding documents of this legal entity; or
properly authorized representatives of the above-mentioned persons, submitting a document confirming the right to act on behalf of such physical or legal entity (power of attorney, mandate, etc.).
To conclude a Contract for the acquisition of Services (Courses), by performing the technical actions indicated on the website, as well as following the notifications and/or links provided on the website, the Client must submit a Service order to the School. The procedure for submitting the Service order varies depending on the payment method and timelines preferred by the Client. The following payment methods for Courses are available and, consequently, the procedure for submitting the Service order:
full payment of the Course price at the time of submitting the Service order. In this case, to submit a Service order, one needs to select the Course offered on the website, use the website functionalities to provide the required Personal data, express consent by marking the relevant checkbox (checkbox) with the text “I familiarized myself with the Purchase-Sale Rules, including the Privacy Policy, and I agree to them, as well as I am familiar with the refund (non-refund) policy for the amounts paid for Courses in the event I cancel or terminate participation in the Courses” (or analogous text expressing the Client's will) and click the purchase confirmation button, after which the Client will be redirected to another window of the website where he/she can review his/her selections (order details) and confirm the Service order submitted to the School;
payment of the registration fee at the time of submitting the Service order, committing to pay the remaining part of the Course price to the School no later than before the Course starts. In this case, to submit a Service order, one needs to register on the website (submit a request) for the Courses of interest, use the website functionalities to provide the required Personal data, mark the relevant checkbox (checkbox) with the text “I familiarized myself with the Privacy Policy and I agree to it” (or analogous text expressing the Client's will). In this case, the School employees will contact the Client, and after discussing the payment procedure, a unique link will be sent to the Client's specified email address. Using this link, the Client will have to provide other required Personal data, express consent by marking the relevant checkbox (checkbox) with the text “I familiarized myself with the Purchase-Sale Rules, including the Privacy Policy, and I agree to them, as well as I am familiar with the refund (non-refund) policy for the amounts paid for Courses in case I cancel or terminate my participation in the Courses” (or analogous text expressing the Client's will) and click the purchase confirmation button, after which the Client will be redirected to another window of the website where he/she can review his/her selections (order details) and confirm the Service order submitted to the School;
payment of the registration fee at the time of submitting the Service order, committing to pay the remaining part of the Course price on terms discussed separately between the School and the Client. In this case, to submit a Service order, one needs to perform the actions specified in point 3.2.2 of the Rules and submit a separate agreement signed (including signed electronically or by exchanging signed scanned copies) to the School within 10 business days from the date of submitting the Service order, which will discuss the individual terms of the Client's payment for the Courses (the timelines). The School will provide the Client with the form of such an agreement. If the Client fails to submit the signed agreement within the specified period for reasons not attributable to the School, the payment procedure for the Courses specified in point 3.2.2 of the Rules will apply.
After the Client has performed all the necessary actions specified on the website to submit the Service order to the School, the main information of the Service order formed by the Client is presented in the relevant window of the website.
Until the link on the website with the text “Order and pay” is clicked, the Client has the opportunity to change his/her entered and saved data, correct errors, as well as change the selected Services.
After submitting the Service order, the Client commits to making the corresponding payment for the Courses (paying the full Course price or, accordingly, the Registration fee) using the functionalities provided on the website (including making payments through the EveryPay payment system).
In all cases, before confirming the Service order in the manner specified in this section of the Rules, the Client must familiarize himself/herself with the version of the Rules documents in force at the time of submitting the order and express his/her consent to them. If the Client does not agree with the Rules or any part of them, he/she is not entitled to order Services.
Having familiarized himself/herself with the Rules and committed to comply with them, the Client confirms that he/she has no objections that the Rules will not be presented separately in writing (in paper form) to the Client unless the parties to the Contract agree otherwise. In all cases, the Client, wishing to save the Rules, can download them from the website in PDF format (if such an option is provided) or request them from the School via the email address provided in these Rules.
The School declares that only those Service orders submitted correctly by the Client on the website will be accepted for execution and fulfilled; a correctly submitted order means providing all necessary Client data for submitting and fulfilling the order. Therefore, the Service order will not be executed if:
The School is unable to contact the Client at the contact phone number or email address specified in the Service order;
The School reasonably recognizes that the Client is trying to commit fraud while submitting the Service order; fraud includes any action by the Client related to the submission and execution of the order that violates applicable laws, such as: breach of website security, misuse of the website system, impersonating another person.
Together with the Service order submitted by the Client on the website, these Rules and other rules on the website become a Contract between the Client and the School, which is a binding legal document for both parties to the Contract.
The Contract between the Client and the School is considered concluded from the moment the Client submits the Service order in the manner provided in these Rules and makes the first payment for the Courses (full Course price, or, accordingly, Registration fee) in the manner provided in these Rules and is valid until the full performance of obligations under this Contract. The possibility for the Client to withdraw from the Contract is discussed in section 5 of these Rules.
The essential terms of the Contract are presented to the Client together with the confirmation of the Service order by sending them to the email address specified by the Client or in another durable medium.
PAYMENT FOR SERVICES (COURSES)
The prices of the Courses on the website and in the Course order are indicated in the official currency of the Republic of Lithuania, in accordance with the requirements of applicable laws. The price of the Course is with taxes (includes taxes) if applicable.
By submitting the Service order in the manner specified in clause 3.2.1 of these Rules, the Client immediately pays the full price for the Courses, which includes the Registration fee.
By submitting the Service order in the manner specified in clause 3.2.2 of these Rules, the Client immediately pays the Registration fee and pays the remaining part of the price for the Courses no later than before the Course starts in the ways specified in clause 4.5 of these Rules (except for payments through the EveryPay payment system).
By submitting the Service order in the manner specified in clause 3.2.3 of these Rules, the Client immediately pays the Registration fee, and pays the remaining part of the price for the Courses in the ways specified in clause 4.5 of these Rules (except for payments through the OPAY payment system) separately on terms discussed between the School and the Client, as indicated in a separate agreement signed by both parties.
The Client, according to the provisions of this section of the Rules, pays for the purchased Courses in one of the following ways: (1) transferring funds to the School’s bank account: LT047300010176892482 (Swedbank AB) or (2) paying in cash at the School (the School issues a receipt for the payment) or (3) paying through the OPAY payment system (paying for Services through the EveryPay payment system may be subject to the website usage and personal data processing rules provided on the respective website to which you will be redirected).
Payments under the Contract can also be made by third parties on behalf of the Client. When making the payment, it is mandatory to indicate the name and surname of the Client for whom the payment is being made (this does not relieve the Client of the responsibility for fulfilling obligations under the Contract).
If the price for the Courses cannot be deducted from the Client's bank account for any reason (e.g., incorrect payment details, etc.) within 3 (three) business days from the submission of the Service order on the website, in this case, if the Client fails to fulfill the obligation to pay for the Courses, it will be considered that no Contract has been concluded with the Client (the Client's order is canceled), and the School has no obligations to the Client arising from this Contract.
Invoices are issued and provided to the Client in accordance with the law and timeframes specified in the Law (in any case, they are provided to the Client after the Service provision (end of the Courses)). Having familiarized himself/herself with the Rules and committed to comply with them, the Client confirms that he/she agrees and does not object to invoices, where applicable, being provided to him/her separately in paper form. The Client agrees to receive electronic invoices (equivalent to paper invoices) for the Services. The Client also agrees that invoices are sent to the email address specified by him/her when placing the Service order.
If there is a delay in payment for the Courses as specified in these Rules, the Client pays late fees of 0.02% of the overdue amount for each delayed day.
The School has the right to change the price of the Courses indicated on the website after the Client's order is submitted if it is related to technical errors in the information system on the website. The School, under the circumstances described above, informs the Client immediately about the changed price of the Course and agrees on the further execution of the Service order with him/her. If the Client does not agree with the price change discussed in this point, the Client's order is canceled, and if the Client has already paid the Course price to the School, the amount paid is refunded to the Client.
CANCELLATION OF COURSE REGISTRATION. TERMINATION OR NON-ATTENDANCE OF COURSES. WITHDRAWAL FROM THE CONTRACT
The Client, who is a User, has the right, without stating a reason and without incurring any costs other than those specified in this point of the Rules, within 14 (fourteen) calendar days from the date of concluding the Contract, to withdraw from the Contract by submitting a statement to the School. To withdraw from the Contract, the Client may use the standard contract withdrawal form approved by the Minister of Justice of the Republic of Lithuania by the order No. 1R-154 of April 30, 2014, “On the approval of the standard information on the withdrawal forms from distance contracts or contracts concluded outside the commercial premises and the standard forms for withdrawing from such contracts” (the form can be found here). If the Client exercises the right to withdraw from the Contract under this point, the parties' obligations to execute the concluded Contract terminate. The consequences of withdrawal from the Contract under this point:
If the Contract is withdrawn before the start of the Courses (in any case, this applies only if withdrawn within 14 days from the conclusion of the Contract) – the Client will be refunded the full amount paid for the Course;
If the Contract is withdrawn after the start of the Courses (in any case, this applies only if withdrawn within 14 days from the conclusion of the Contract) – the Client will be refunded the full amount paid for the Courses, except for the proportionate part of the Course price for Services rendered until the notification regarding the withdrawal from the Contract is received from the Client.
If the planned start date of the Courses has not expired under the withdrawal period specified in clause 5.1 of the Rules, the Client, who is a User, clearly agrees and requests the School to provide Services before the withdrawal period expires. Also, the Client, who is a User, confirms that he/she has familiarized himself/herself with these Rules and understands and agrees that he/she does not have the right to withdraw from the Contract when the Services have been completely provided.
If clause 5.1 of the Rules does not apply, if the Client no longer wishes to start attending the Courses (withdraws from the Courses) or terminates participation in the Courses not due to the fault of the School, the amounts paid for the Courses are refunded in the order specified below:
If participation is canceled before the start of the Courses – the full amount paid for the Courses will be refunded, excluding the Registration fee, which is considered reasonable expenses incurred by the School to conclude the Contract;
If participation in the Courses is terminated after they have started – the amount already paid for the Courses is not refunded, and the Client is obligated to pay the full remaining amount payable for the Courses (if not paid yet).
If participation in the Courses is terminated due to illness, which prevents the Student from continuing the Courses, the issue of amounts paid/owed for the Courses will be resolved separately by mutual agreement.
If the Client does not attend the Courses or the relevant Courses' lectures, the price of the Courses is not reduced unless otherwise provided in these Rules.
Refunds to the Client are made via bank transfer within 30 days from the date of Contract termination. In the case of the User's withdrawal from the Contract, funds are refunded no later than 14 (fourteen) days from the date of receipt of the notice of withdrawal from the Contract at the School (if applicable), with the refund being made using the same payment method that the User used for the initial payment transaction, unless the Client agrees to a different method.
Considering that the Course program and/or the School's requirements may impose certain requirements (both in terms of experience and otherwise) on the Student in order to attend the Course, the School has the right, upon receiving the Client's Service order, to contact the Client and/or the Student and/or evaluate by other legal means within 5 business days whether this (these) meets the requirements set in the Course program and/or by the School and can participate in the Course. In this case, if it is found that the Student does not meet the requirements, this will be considered a significant reason for the School to terminate the Contract, refunding the full amount paid for the Courses to the Client.
COURSES AND COURSE QUALITY
Detailed information about each Course (name, term, price, start, frequency of lectures, etc.) is provided at www.junior.atomicgarden.lt alongside the description of each Course (age-specific camp groups).
The lecture schedule, other announcements, and information related to the Courses are posted in the group created for participants of the Courses in the program “Slack” selected by the School and/or to the email address provided by the Student when placing the Course order, and this is considered proper notification to the Student, unless another communication channel has been agreed upon with the Student in advance.
The schedule of lectures and Course Teachers may change due to instructors’ illness or other objective reasons. The School promptly informs about all changes.
The Course program, schedule, and duration may change, including depending on the size of the formed group and the level of progress of its participants (in any case maintaining the total course duration specified at the time of submitting the course order), but additional fees will not be applied.
The Student and the Client, confirming that they have familiarized themselves with these Rules, acknowledge that they understand that the information received during the Courses is based solely on the opinions, knowledge, and experience of the Teachers, which may not necessarily align with certain scientific theories, does not contest this, and will not have any complaints about this, and it will not be considered a shortcoming of the Courses and inappropriate Course quality.
When the Course program is oriented towards compiling a Student's portfolio for a prospective employer, all works created by the Student are reviewed and approved by the Course Leader.
The Client, who is a User, has the right to request a refund for the Courses or otherwise remove any deficiencies in the quality of Services when the Service does not meet the conditions and requirements set forth in the Contract, Course description or advertisement, when concluding the Contract or before its conclusion (quality guarantee). Any claims regarding the quality of Courses are submitted in writing by the Client, who is a User, to the contacts of the School specified in these Rules. The School evaluates such claims and responds to them in the manner specified in these Rules.
If the Client wishes to withdraw from the Contract due to inadequate Course quality, the Client submits a free-form request to withdraw from the Course, stating the reasons for withdrawal. Upon receiving such a request, the School has the right to invite the Client for discussion of the reasons for withdrawal with the Course and/or School director within 5 business days. If the parties fail to reach an agreement, the issue of termination of the Contract is resolved according to the procedure stipulated in the Contract and/or by applicable laws.
The School reserves the right to cancel the Course for important reasons (the fact that the required number of Students did not register for the Course is considered a significant reason). In this case, the full amount paid for the Course will be refunded, or it will be credited as payment for other Courses if the Student agrees to this.
OBLIGATIONS OF THE SCHOOL AND STUDENT
The School is obligated to:
accept the Student into the Courses organized by the School, except in the case provided for in clause 5.7 of these Rules;
create and include the Student in the communication group for the Course participants in the “Slack” application;
inform the Student about changes in the Course program and schedule;
ensure teaching quality according to the approved Course program;
issue a certificate confirming completion of the Course program to the Student.
The Student is obligated to:
independently familiarize himself/herself with the lecture schedule, its changes, and other information published in the Course group created in the “Slack” application;
comply with the Course program requirements;
participate in the surveys organized by the School for Students, which collect information about the quality of the Courses and their organization process;
demonstrate respectful behavior and mature attitude towards learning: attend lectures, complete homework or other tasks, communicate respectfully, do not violate the rights and legitimate interests of others, and adhere to generally accepted behavioral norms;
take care of the School facilities and other property;
Use the Course teaching materials only in the manner specified in these Rules, including not copying or distributing the Course teaching materials to third parties;
protect personal belongings;
not disclose to others any information provided by the Teachers during the Courses, unless with the separate written consent of the Teacher.
The Client commits to timely and properly fulfill financial obligations to the School in accordance with the Contract and to comply with other requirements applicable to the Client under these Rules.
INTELLECTUAL PROPERTY RIGHTS
The Student owns personal non-property and property copyrights to works and adjacent rights to the objects of these rights, created in the course of executing the Course program.
The Student grants the School a non-exclusive license free of charge for the entire duration of property rights validity in any territory to publicly announce any works created during the Courses in online databases, to use these works or their parts in assessing the results of the School's Courses and in learning processes, researches (translating, reproducing, publishing, distributing a limited number of copies of the work).
The Teachers retain Intellectual property rights to all learning materials, works created for Courses (“Learning Material”) as far as permitted by applicable laws. All related rights are reserved worldwide. Students may not in any way alter, copy, reproduce, republish, upload, deliver, transmit, sell, create derivative works, or use or distribute Learning Material unless the Teacher has given written permission for such actions, or if such actions are clearly permitted under specific conditions specified in the Rules. Nevertheless, the Student may print and/or download Learning Material provided by the Teacher exclusively for personal, non-commercial use, provided that the Student does not alter or remove any copyright alerts and ownership indications from the used material.
Teachers have the right, but not the obligation, at their discretion to distribute, provide access to, forward, or otherwise present Learning Material to Students in durable form (on paper or electronically) and may present Learning Material solely verbally or in any other form of their choosing.
TERMINATION AND CANCELLATION OF THE CONTRACT
The Contract terminates when the Parties have fully fulfilled their obligations or it is terminated.
Courses are considered completed when the Student submits his/her final work and receives a certificate. The School is not responsible for searching for and hiring of the Student who has completed the Courses.
The Contract may be terminated unilaterally in the manner provided in these Rules or by mutual agreement of the parties.
The School has the right to unilaterally terminate the Contract if the Client delays payment for the Courses by more than 30 calendar days, as well as if the Client or the Student fails to fulfill other obligations under these Rules, if the Client does not remedy the relevant breach of the Rules within 5 (five) calendar days from the School's written request.
FINAL PROVISIONS
These Rules are governed by the law of the Republic of Lithuania.
All disputes concerning the fulfillment of these Rules are settled by negotiation. If an agreement is not reached, disputes are settled in accordance with the laws of the Republic of Lithuania.
All notifications specified in the Rules or related to the execution of the Contract must be in writing, i.e., sent by email or registered mail to the addresses provided in the Contract or during the Service order.
The School has the right to change, adjust, or supplement the Rules, therefore when the Client places an order for the acquisition of Courses, the Rules applicable at the time of placing the specific order for the acquisition of the Courses will apply.
CONTACTS
If you have any questions, claims or need our help regarding the interpretation or application of the Rules, please contact us at the following School contacts:
Email: info@atomicgarden.lt
Phone No.: +370 666 11 233
Address: Švitrigailos 34, Vilnius, Republic of Lithuania
We will respond to all your inquiries submitted in writing no later than within 14 (fourteen) days (unless otherwise specified in the Privacy Policy).