Sole Proprietor Zarina Bibergan, registered address: 929 Bedford, Los Angeles, CA 90035 (hereinafter — the “Contractor”), by publishing this public offer, offers to enter into an Agreement for the provision of information services with any individual, legal entity, or individual entrepreneur on the terms set forth herein.
If the terms below are accepted, the person accepting this Offer in accordance with Clause 1.5 hereof becomes the Customer.
1. SUBJECT MATTER OF THE AGREEMENT1.1. Terms and Definitions
“Contractor” means Individual Entrepreneur Zarina Rinatovna Bibergan, who provides the Services in accordance with the terms of this Offer.
“Offer” means this document, “Offer for the Conclusion of an Agreement for Paid Information Services,” published on the Internet at
https://zarinabibergan.com/oferta-mamamafia, being the Contractor’s public offer addressed to a legally capable adult individual, a legal entity, or an individual entrepreneur to enter into an agreement on the terms set forth herein.
“Website” means the Contractor’s publicly available website accessible on the Internet at
https://zarinabibergan.com/mama-mafia, including all of its subsections, pages, subdomains, file structure, and any other structural elements, source code, and object code.
“Software” means a browser and other software required to access information resources available on the Internet, as well as any other software that may be required to access and use the materials and services provided by the Contractor.
The Customer shall independently ensure the availability of the necessary Software on their personal computer or other device used to communicate via the Internet and to receive the Contractor’s Services.
“Acceptance of the Offer” means the full and unconditional acceptance of the terms of this Offer by performing the actions specified herein. The date of Acceptance shall be the date on which funds are credited to the settlement account of the Contractor or the Contractor’s payment agent, or the date on which one of the actions specified in Clause 1.5 of this Offer is performed. The Contractor has the right to limit the number of places available for purchase under a particular Tariff.
“Agreement” means the agreement between the Contractor and the Customer concluded by the Customer’s Acceptance of this Offer.
“Customer” means a legally capable individual who has reached the age of 18, or a legal entity / individual entrepreneur, who has accepted this Offer in their own interests or on behalf of and in the interests of the individual represented by them.
“User” means a legally capable individual registered on the Website, or an unregistered visitor who accessed the Contractor’s website, channel, or social media account for the purpose of obtaining information about the Contractor’s Services and subsequently became the Customer.
“Services” means providing the Customer with access to the Contractor’s Materials in the manner set forth in this Agreement and advising the Customer on the use of such Materials, if such advisory support is included in the relevant Tariff.
“Tariff” means an integral part of the Agreement that sets forth the scope of Materials and Services, the period during which the Services are provided, and their cost, as determined by the Contractor on the Website and/or in this Offer.
“MAMA MAFIA Program” means a set of sequentially structured Materials and/or Services of the Contractor connected by one topic and aimed at transferring information from the Contractor to the Customer via an Internet connection. The Program may include timeframes and schedules determined by the Tariff, written and oral answers to the Customer’s questions, if included in the Tariff, and other informational support for the Customer during the Program and other Services, if included in the selected Tariff.
“Module” means a component part of the Program consisting of a set of Materials united by a common topic.
“Access” means the Customer’s right to view, review, and otherwise use the Contractor’s Materials on the Contractor’s Website and/or Internet Platform in accordance with the selected Tariff.
“Internet Platform” means the platform used for the provision of the Services, including software and hardware tools integrated with the Contractor’s Website and used as a repository for the Contractor’s Materials, through which the Services are provided and Access to the Materials is granted.
The Contractor reserves the right to choose any Internet Platform for hosting the Materials, including GetCourse, Telegram, chatbots, and other services.
“Materials” means a collection of text, audio, and video materials, webinars, live broadcasts, presentations, checklists, instructions, protocols, practices, tables, and other documents and information products developed by the Contractor or transferred to the Contractor under the Agreement, in accordance with the Tariff.
The Materials are protected against copying, distortion, or any other unlawful use in accordance with this Agreement and applicable intellectual property laws.
“Feedback” means a Service provided by the Contractor within the Program in the form of reviewing reports, holding consultations, answering questions in text format, by webinar, video response, or in another form through Internet communication tools in accordance with the selected Tariff.
“Online Session” means an event on a specific topic conducted through remote communication tools in the form of video conferences, live broadcasts, video recordings, or materials provided electronically in accordance with the terms of the Agreement and the selected Tariff.
“Chat,” “Telegram Channel,” “Community” mean closed communities in messengers and other services intended for the exchange of Materials and information between Customers and the Contractor under this Agreement and in accordance with the selected Tariff.
Any other terms and definitions used in the Agreement shall be interpreted by the Parties in accordance with the laws of the Russian Federation and the customary rules of interpretation of such terms commonly applied on the Internet.
1.2.
The Agreement concluded by Acceptance of this Offer is governed by the provisions of civil law on adhesion contracts, since its terms are determined by the Contractor in this Offer and may be accepted by the Customer only by acceding to the proposed Agreement as a whole.
By accepting this Offer, the Customer confirms that they have fully read and agree to the terms of the Agreement. With respect to the provision of Access to the Materials, Online Sessions, Chat, Internet Platform, and Feedback, the provisions of law applicable to subscription agreements shall apply. The Services are payable upon being provided by the Contractor, regardless of whether the Customer uses them.
1.3.
The Contractor has the right to amend the terms of this Offer unilaterally at any time without prior approval from the Customer, provided that the amended terms are published on the Website.
1.4.
By accepting this Offer, the Customer confirms that the provision of the Services by the Contractor remotely using Software or in any other manner determined by the Contractor fully corresponds to the Customer’s ability to use the Services provided in such manner.
1.5.
Acceptance of this Offer shall be the payment of the prepayment amount established by the Contractor, partial payment, including payment by installments, or payment of the full cost of the Services in accordance with the selected Tariff. Such payment may be made using credit funds, and a third party, including a bank or other credit institution, may act as payer on behalf of the Customer.
The date of Acceptance of the Offer by the Customer, i.e. the date of conclusion of the Agreement, shall be the date on which the funds for the Contractor’s Services are credited to the settlement account of the Contractor or the Contractor’s payment agent.
1.6.
By paying for the Contractor’s Services, the Customer:
- confirms that they have read the terms set forth in this Offer and unconditionally agree to them;
- confirms their understanding of the nature of the Services to be provided under this Agreement;
- guarantees the accuracy and relevance of the information provided about themselves;
- guarantees that they are an adult and fully legally capable person;
- agrees that they are solely responsible for any consequences arising from providing inaccurate, outdated, or incomplete information about themselves;
- confirms that the remote provision of electronic Services by the Contractor using Software fully corresponds to the Customer’s ability to use the Services provided in such manner.
1.7.
If the Services are received by a person other than the Customer, such person must be named by the Customer at the time of Acceptance of the Offer. If the Customer does not provide such information, the recipient of the Services shall be deemed to be the person who actually accessed the Internet Platform by registering through the link sent by the Contractor to the email address or messenger account linked to the phone number provided by the Customer at the time of Acceptance of the Offer. With respect to the recipient of the Services, this Offer shall be deemed to be an agreement for the benefit of a third party.
From the moment of Acceptance by the Customer, all prior agreements between the Parties shall cease to have effect, and only the provisions of this Offer shall apply.
1.8.
The subject matter of this Agreement is the paid provision of information services by the Contractor to the Customer.
The Contractor undertakes to provide the Customer with Services under the relevant Tariff selected by the Customer via the Internet, and the Customer undertakes to pay for and accept such Services in accordance with the selected Tariff, as well as to perform other actions in accordance with the terms of this Offer.
1.9.
The description of the Program, the full list of Tariffs and other Services of the Contractor, their cost, topics, content, timeframes, and procedure for provision are posted in the relevant section of the Website or in this Offer. Additional information may be communicated to the Customer by informational messages sent by email, messengers, and other electronic means of communication.
1.10.
The MAMA MAFIA Program includes four Tariffs:
- “FREEDOM”
- “POWER”
- “AUTONOMY”
- “VIP”
1.11.
After the Services have been provided, the Customer shall retain Access to the Materials for the following periods:
- 1 month — “FREEDOM” Tariff;
- 3 months — “POWER” Tariff;
- 6 months — “AUTONOMY” Tariff;
- 6 months — “VIP” Tariff.
The Contractor has the right to terminate the Customer’s Access to the Materials if the Customer violates the terms of this Offer.
1.12.
By accepting this Offer, the Customer gives their unconditional consent to the Contractor’s engagement of third parties, including curators, facilitators, speakers, technical specialists, payment agents, and other persons, for the performance of obligations under this Agreement. The Contractor independently determines the scope of persons engaged and the tasks assigned to them.
2. COST OF SERVICES. PAYMENT TERMS AND PROCEDURE2.1.
The cost of the Services under each Tariff is indicated by the Contractor on the Website and may be changed by the Contractor unilaterally at any time. Changes take effect from the moment they are published on the Website and do not apply to Services paid for before publication.
2.1.1.
For all Tariffs, the cost of individual sessions of the relevant Program is determined using the following formula:
Cost of one session = cost of one Module / number of sessions of the relevant Module and Tariff.For all Tariffs, the cost of one Module / sessions also includes Feedback services in the scope, procedure, and form provided for by the relevant Tariff.
Access to all Program Materials after the end of the Service period is a bonus service and is provided free of charge unless otherwise specified by the Contractor.
Access to the general participants’ Chat, Community, and initial Access to the Internet Platform is a bonus service and is provided free of charge unless otherwise specified in the Tariff.
2.2.
In addition to the Contractor’s Materials, the Program may include materials from other speakers, facilitators, curators, as well as other bonus materials and services in various forms in accordance with the Tariff, listed on the Website and/or in this Offer, including access to additional materials, recordings, chats, channels, access to Materials after the end of the Service period, and other bonuses.
The Parties acknowledge that such materials and services are bonus materials and services, are not a mandatory part of the Program, and are primarily intended to motivate the Customer to complete the Program more effectively. The presence or absence of such materials does not affect the scope of Services provided by the Contractor and accepted by the Customer under the Agreement.
2.3.
Payment for the Services under this Agreement shall be made by the Customer in the amount of 100% prepayment of the cost of the Services, or in accordance with an approved payment schedule in the case of installment payments, as a single payment, by bank transfer, through payment systems, electronic money using electronic payment services, and by other methods specified by the Contractor in the relevant section of the Website.
A different payment procedure may be established under promotional campaigns, special offers on the Website, or in cases additionally agreed with the Contractor in writing.
2.3.1.
The Contractor has the right to use dynamically changing Tariff prices over time by posting the relevant information on the Website. The Customer independently checks and confirms their agreement with the dynamically changing price of the relevant Tariff at the moment of Acceptance. The specified Tariff price shall be the actual price for the Customer.
2.4.
The Contractor has the right to establish various discounts on the cost of the Services and special offers for Tariffs that are valid for a limited period of time. In such case, the Customer agrees to the terms of the special offers by accepting them through payment for the selected Tariff at the special price.
Upon expiration of the discount or special offer period, the Customer has no right to demand that the Contractor enter into an Agreement with them on special terms. In any case, the cost of the Services shall be determined as of the date of payment by the Customer.
If the Customer did not use a discount or special offer and demands reimbursement of the price difference, the Contractor shall not satisfy such demand.
2.5.
The Customer has the right to reserve the right to purchase the Program under the relevant Tariff at a discounted or promotional price if such offer is available on the Website, by making a prepayment in the amount specified on the Website or in another manner selected by the Contractor.
If the Customer makes a prepayment, the Customer undertakes to pay the remaining part of the cost of the Services under the selected Tariff using any of the methods provided for in this Offer.
2.6.
Payment for the Services shall be made by the Customer on the Website either independently or through third-party services. The Contractor accepts payment made by transfer of funds to the Contractor’s account. The payment date shall be the date on which the funds are credited to the account of the Contractor or the Contractor’s payment agent.
Payment is made by the Customer on the basis of an invoice generated by clicking the “Join,” “Reserve a Place,” “Pay,” or similarly named button indicating the Customer’s intention to purchase the Contractor’s Services on the page of the selected Tariff.
2.7.
If the Contractor’s Services are paid for using credit or borrowed funds, including installment payments, provided by credit institutions or partner banks, the Customer enters into contractual relations directly with the relevant credit institution. The Contractor is not a party to such agreement and is not responsible for its terms, including the amount of interest, commissions, and other payments.
2.8.
All commissions, interest, and other payments provided for by the agreement between the Customer and the credit institution shall be paid by the Customer independently and are not included in the cost of the Contractor’s Services.
The Contractor’s settlement account receives the amount paid by the Customer for the selected Tariff, less or taking into account the terms of payment systems and other payment acceptance operators. The cost of the Contractor’s Services shall be deemed to be the amount actually received in the Contractor’s settlement account.
If the Customer refuses the Services and/or submits a refund request, the Contractor shall refund the funds based on the amount actually received in the Contractor’s settlement account, less commissions of payment systems, banks, credit institutions, and other third parties engaged to ensure payment acceptance and refund processing.
Refunds are made less the Contractor’s actual expenses incurred as of the refund date. Such expenses include, in particular, commissions of banks, credit institutions, payment systems, and other third parties engaged to ensure payment acceptance and refund processing.
The Contractor shall not reimburse the Customer for interest, commissions, or other payments made by the Customer to the credit institution, and shall not compensate any other expenses related to obtaining or servicing the credit or installment arrangement.
A refund by the Contractor does not terminate the Customer’s obligations to the credit institution. The Customer shall independently perform their obligations under the credit agreement, including early repayment where necessary.
2.9.
The Contractor shall not be liable if a bank refuses to provide installment payment terms to the Customer.
2.10.
If payment for the Services provides for payment in parts in accordance with an agreed schedule, the Customer shall make a partial payment and then pay the remaining amount in accordance with the established schedule.
Access to the Program Materials and other Materials and Services shall be opened in accordance with the schedule for the relevant Program. If the Customer fails to pay the remaining or subsequent amount within the agreed period, the Contractor has the right to suspend the provision of the Services to the Customer or terminate the Agreement.
2.11.
By receiving a prepayment toward the cost of the Services, the Contractor guarantees to the Customer:
- fixation of the cost of the Services under the selected Tariff at the price indicated on the payment page for the period specified on the Website;
- provision of the Services to the Customer in accordance with the terms of this Offer.
2.12.
The Customer undertakes to keep all documents confirming payment until the funds are credited to the Contractor’s settlement account. If the Customer’s funds are not credited to the Contractor’s settlement account within the established period and/or in the established amount, the Contractor has the right not to commence the provision of the Services or to terminate their provision.
The Contractor begins providing the Services only after confirmation of payment for the relevant Service. Payment is deemed made when the funds are credited to the account of the Contractor or the Contractor’s payment agent. The Customer is solely responsible for the correctness of the payments made by them.
2.13.
All settlements under the Agreement shall be made in the currency of the Russian Federation — Russian rubles.
Payment methods under this Offer include: Russian bank card, foreign bank cards, Stripe, installment payment plans through T-Bank, Sber, Vsegda DA, Split, and Podeli.
2.14.
The Customer has the right to withdraw from the Agreement and submit a refund request.
In such case, the Customer shall be refunded the funds paid by them less the cost of Services actually provided and the actual expenses incurred by the Contractor.
For any refunds, the Contractor shall not bear expenses related to the fulfillment of refund obligations or other payments. All such expenses shall be borne by the Customer and may reduce the refund amount.
2.15.
If the Services were paid for by the Customer at a discount, the Contractor shall not refund the Customer the difference between the cost of the Services stated on the Website and the discounted cost. The cost of Services not provided shall be calculated based on the amount actually transferred to the Contractor.
