Public Offer
1. Terms and Definitions
Acceptance — full and unconditional acceptance by the Buyer of the terms of the sale and purchase agreement set out in the Public Offer regarding Products, Services, or Goods, performed by placing an order and paying for it (when payment is made using electronic means of payment).
Buyer / Participant Authentication Data — login name and password for access to the Personal Account, specified by the client independently when registering on the website.
Order — an application to purchase a Product, Service, or Goods included in the educational nutrition program selected by the Buyer, in accordance with a course of a certain duration or for one trial day, placed by the Buyer.
Subscription — provision of information services to any individual, hereinafter referred to as the “Customer,” on a regular/periodic basis. An active subscription can be canceled in the personal account on pay.gosmallsteps.com.
Recurring Payments — the “Recurring Charges” service allows the User to pay for the Seller’s Services under the Agreement by regular automatic transfers of funds in favor of the Seller from bank cards. In this way, the user pays for the Subscription.
Personal Account — a personal section of the Website not accessible to third parties, access to which is granted after registration by entering the Buyer’s Authentication Data. The Personal Account contains information about the Client, their orders, and available Products.
Buyer / Participant — any legally capable individual who has entered into an Agreement with the Seller in electronic form as a result of placing and paying for an order.
Seller — individual entrepreneur Igor Nikolaevich Medushkin, registered by Interdistrict Inspectorate of the Federal Tax Service No. 16 for Krasnodar Krai, TIN 231203154669, OGRNIP 324237500509304 (hereinafter — IE Medushkin I.N.).
Public Offer (Agreement) — this document published on the Internet, constituting the official offer of the Seller, addressed to any legally capable individual (citizen), to enter into a retail sale agreement with the Seller under the terms contained in the Public Offer.
Registration — a procedure during which the Buyer gains access to personalized sections of the Website.
Website / Online Store — the Internet resource owned by the Seller at pay.gosmallsteps.com, representing a set of computer programs that publish data about Goods and services offered by the Seller to Buyers for placing orders, as well as payment and delivery terms for such orders.
Products — Goods or Services offered for sale on the Website in the form of educational programs, nutrition recommendations, and training complexes.
2. General Provisions
2.1. In accordance with Article 437 of the Civil Code of the Russian Federation (CC RF), this document is the Public Offer of IE Medushkin I.N. and contains all essential terms of the Agreement in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter — CC RF). If the Buyer agrees to the terms below, the Buyer may place an order and pay for it (when payment is made using electronic means of payment), which in accordance with Clause 3 of Article 438 of the CC RF constitutes acceptance of the Public Offer and is considered equivalent to concluding an Agreement on the terms set out in this Public Offer.
2.2. A person who has accepted the Public Offer acquires all rights and obligations of the Buyer.
2.3. Acceptance of the Public Offer confirms that all and any of its terms are accepted by the Buyer in full without any reservations or limitations. Acceptance of the Public Offer confirms that the Buyer has read all terms of the Agreement, understands all terms of the Agreement, has exercised the right to receive from the Seller any and all clarifications regarding the terms of the Agreement, and also confirms that the terms of the Agreement fully correspond to the Buyer’s will, needs, and requirements. Acceptance of the Public Offer means that it does not contain the conditions specified in Clause 2 of Article 428 of the CC RF, nor any other clearly burdensome conditions for the Buyer that the Seller, based on reasonably understood interests, would not have accepted if able to participate in determining the terms of the Public Offer, and that the Products or Services purchased by the Buyer are not imposed.
2.4. Acceptance of the Public Offer confirms that the Buyer understands that the Seller does not provide any medical services. Nutrition and training recommendations are for informational purposes only and do not replace consultation with a physician. The Seller is not responsible for possible consequences of independent application of recommendations contained in educational programs. The Buyer is obliged to independently and in advance consult a medical specialist if there are contraindications or health limitations.
Nutrition recommendations are valid as of the date they were prepared.
The Seller is not responsible for how the Buyer applies nutrition information, and the Seller does not guarantee that the Buyer will achieve the desired effect, expressed as maintaining weight at a certain level, gaining or losing weight, or changing body composition. Therefore, the Seller is not responsible for the positive or negative result achieved by the Buyer.
2.5. Acceptance of the Public Offer confirms that the Buyer understands that product composition may include ingredients causing personal allergic reactions or intolerance. By purchasing a product or service, the Buyer confirms having no claims regarding composition and quality.
3. Subject of the Agreement
3.1. The subject of the Public Offer is conclusion of an Agreement between the Seller and the Buyer, under which the Seller undertakes to transfer to the Buyer the purchased Products/Goods/Services based on an order, and the Buyer undertakes to accept and pay for Products/Goods/Services under the terms specified in the Public Offer.
3.2. Name, price, and quantity are determined by the Buyer when placing an order.
3.3. Information about the Seller, Product/Goods/Service, terms of their use, the procedure of the Seller’s performance of the Agreement, as well as terms of use of the Online Store, is published on the Website.
3.4. The Seller sells Products/Goods/Services in accordance with prices published on the Website.
4. Product Order / Placing an Order
4.1. To place an order, the Buyer may register on the Website. Based on registration, the Buyer’s Personal Account is created.
4.2. The personal account displays information about the Buyer’s placed orders. The Buyer has the right to edit registration information about themselves. The Seller does not change or edit Buyer registration information without the Buyer’s consent. If the Buyer provides inaccurate information during registration and/or order placement, the Seller shall not be liable for inability to perform obligations under the Agreement for this reason. Actions performed on the Website using the Buyer’s Personal Account are deemed performed by the Buyer. Orders placed via the Website, as well as messages sent from the Buyer’s contact email address, are deemed equivalent to a document personally signed by the Buyer.
4.2. The Buyer may place an order in one of the following ways:
- on the Website (with registration or without registration);
- using the Seller’s official social media pages (Instagram, VKontakte, etc.).
4.3. When placing an order, the Buyer undertakes to provide the following information about themselves: surname, first name, delivery address; email address; contact phone number (mobile, landline).
4.4. When placing an order, the Buyer selects the desired Product.
4.5. The Buyer has the right to subscribe to the desired product.
4.5. Payment for the Product is made by the Buyer using electronic means of payment when placing an order.
4.6. The Buyer bears full responsibility for the accuracy of information provided when placing an order.
4.7. The Agreement is considered concluded from the moment the order is placed and a cash receipt is issued (sent) to the Buyer (when payment is made using electronic means of payment).
4.8. All informational materials presented on the Website are for reference only and may not fully convey complete and accurate information about Products/Goods and services. If the Buyer has questions, they must seek consultation before placing an order.
4.9. If the Buyer does not seek consultation, the company shall not be liable for Products, Goods, or Services selected by the Buyer.
4.10. Orders through the Website are accepted daily 24/7. Orders using instant messaging systems and social media are accepted daily from 8:00 to 22:00.
5. Use and Transfer of Data
5.1. The Buyer gives consent to the Seller for processing personal data, namely: first name, surname, image, email address, contact phone number, accounts in messaging programs and social networks.
5.2. Processing of personal data means recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, and destruction of personal data that do not fall under special categories, for processing of which, according to current legislation of the Russian Federation, written consent of the Buyer is required.
5.3. Personal data is processed for purposes of the Seller’s fulfillment of obligations under the Agreement, ensuring feedback to the Buyer when using the Website, and sending informational and advertising messages to the email address specified by the Buyer.
6. Product Payment
6.1. The price of Goods is indicated on the Website at pay.gosmallsteps.com and may be changed at any time unilaterally. The new price takes effect from publication and does not apply to Goods paid for by the time of publication.
6.2. Prices on the Website are indicated in the currency of the Russian Federation.
6.3. When placing an order and paying using electronic means of payment, the Buyer pays for Goods by filling out a special payment form and pressing the “Pay” button.
6.4. When paying for Goods, the Buyer must specify all required data in the order and payment form.
6.5. The Buyer independently bears responsibility for errors made by the Buyer when paying for Goods.
6.6. Security, as well as other terms for using the payment method chosen by the Buyer, are outside the scope of the Agreement and are governed by agreements with corresponding payment aggregators.
6.7. Buyer obligations to pay for Goods are considered fulfilled from the moment funds are debited from the Buyer’s account in cashless payment.
6.8. The Buyer may use the “RECURRING CHARGES” service when paying for a certain category of products on the website.
When paying for a Subscription, the Buyer agrees to the terms of use of the “Recurring Charges” service and presses the “Pay” button.
After connecting the “Recurring Charges” service, transfers of funds from the payment instrument will be made within terms and amounts necessary for proper fulfillment of the User’s obligation under the Agreement.
Direct debit of funds is made by the Issuing Bank based on prior consent given by the Buyer for such debit in the amount and term indicated when purchasing the Product. A transfer request indicating the transfer amount to the Issuing Bank is transmitted by the Bank and Processing Center within agreements concluded with the Seller.
The Supplier does not store or process Users’ bank card data or other Users’ personal data, only ensuring requests to the Processing Center and Bank for repeated card transactions.
The Seller does not guarantee possibility of transactions on the Bank Card.
The Buyer guarantees they are the holder of the payment instrument and consciously, correctly, and fully enter all required details when activating (connecting) the “Recurring Charges” service.
Connection of the “Recurring Charges” service in accordance with this Service Agreement is carried out only if there is technical capability of the Seller, Bank Processing Center, and Issuing Bank. The Seller, Processing Center, and Bank are not liable for inability to connect the “Recurring Charges” service.
Disabling (refusal) of the “Recurring Charges” service by the Buyer occurs in the Buyer’s “Personal Account” by clicking “Disable ‘Automatic payment’ service.” Funds transferred from the Bank Card before disabling (refusal) of the “Recurring Charges” service for Services are not refunded to the User.
If there are insufficient funds on the Bank Card account for transfer, the Supplier has the right to repeat the request for debiting funds from the Bank Card.
The Seller, Processing Center, and Bank are not liable for non-operability and/or temporary non-operability of the “Recurring Charges” service. The User independently controls fulfillment of payment obligations under the Agreement. In case of non-operability and/or temporary non-operability of the “Recurring Charges” service, the User must use other methods of fulfilling obligations under the Agreement.
The Buyer gives prior acceptance for the Seller to debit funds from the Bank Card under the terms of this Agreement.
The Buyer grants the Processing Center and the Bank the right to store, collect, and process personal data (Surname, First Name, Patronymic, passport series and number, place and date of birth, settlement account number and Bank Card number) for purposes of execution of this Agreement.
The Supplier has the right to disable and/or restrict the User from the “Recurring Charges” service.
7. Rights and Obligations of the Parties
7.1. Rights and obligations of the Contractor:
The Contractor has the right at any time without prior notice, an unlimited number of times, to moderate and change the Course, its sections, services, capabilities, and tools, and at its discretion make changes, modify content, delete, modify, and post any intellectual activity results (including scripts, software, and other objects used or stored on the Website, and any server applications).
Under no circumstances is the Contractor obliged, though it has such right, to control User activity and is not liable for actions or omissions of any persons regarding use of the Course and Information Materials.
The Contractor must maintain technical condition of the Website software module, as well as provide unimpeded access to the platform for Users already registered and having paid for the Course, and in case of malfunctions, fix them as soon as possible.
The Contractor has the right to refuse to provide service at any time without explaining reasons for such refusal.
The Contractor has the right to apply to court in case the User violates any material or non-material rights resulting in actual damage to the Contractor, lost profit and/or negative reputation, as well as in case of unlawful use by the User of any Website element for profit-making purposes.
At the same time, a pre-trial claim procedure from the Contractor is not mandatory.
The Contractor may engage third parties to provide Services without prior consent of the User.
The Contractor has the right not to admit the User to the next session (lesson) if the User missed the previous lesson. This right is granted to ensure complete and comprehensive mastering by the User of all course material and obtaining the full amount of knowledge.
7.2. User Rights:
Receive non-exclusive rights to access Information Materials.
Receive all services provided by the Contractor under the tariff selected by the User.
7.3. User Obligations:
Pay remuneration for services provided by this Offer.
The User is prohibited from using software and performing actions aimed at disrupting normal functioning of the Website, service provision procedure, functioning of sections, services, capabilities, and tools of the Website, as well as personal pages, personal accounts, accounts of other Users or other third parties, including any actions aimed, among other things, at gaining access to hidden sections, services, and capabilities of the Website, obtaining personal data of third parties, obtaining Website Administrator rights, gaining access to the Course in a scope not provided to the User under specific terms.
The User is prohibited from uploading, storing, publishing, distributing, making publicly available, and providing access to, or otherwise using malicious software, including viruses, trojans, password interceptors, etc.
The User is prohibited from accessing (attempting to access) any sections, services, capabilities, and tools of the Website, Course, by any means other than through the interface provided by the Contractor, except where such actions were explicitly permitted to the User under a separate agreement with the Website Administrator.
The User is prohibited from offering third parties services related to use of the Course, its sections, services, capabilities, and tools for profit or other benefit, except for personal use, regardless of whether such use is paid or unpaid.
During the period for which access to the Course and its materials is granted, the User is prohibited from creating any chats, groups, public pages, websites (including on social networks, separate websites, the Internet, mobile and computer applications, messengers, etc.) where information about the Course opened to the User may be posted or where discussion of the Course, Contractor’s work, publications of other Users’ work, other Users’ homework, etc. may be conducted. Violation of this rule is grounds for sanctions against the User under this document.
The User has no right to demand transfer of bonus prizes.
8. Liability of the Parties
8.1. The parties are liable for failure to fulfill terms of the Public Offer in accordance with provisions of the Public Offer and legislation of the Russian Federation.
8.2. The Seller provides Internet users access to the Website and maintains proper functioning of the Website, promptly restoring operability in case of technical failures and interruptions. At the same time, the Seller does not provide guarantees of uninterrupted Website operation and compliance with any terms for restoring Website operability in case of interruptions caused by failures in telecommunication and power networks. The Buyer may report technical failures and errors occurring on the Website via the technical support email address.
8.3. The Seller is not liable for non-performance or improper performance of obligations due to bad-faith and/or malicious actions of third parties aimed at unauthorized access and/or disabling software and/or hardware complex of the Website and the service supporting it.
8.4. The parties are released from liability for partial or complete non-performance of obligations under the Agreement if such non-performance is caused by force majeure arising after conclusion of the Agreement as a result of extraordinary events which a party could neither foresee nor prevent by reasonable measures.
Force majeure circumstances mean fire, flood, earthquake, strikes and other natural disasters, war and military actions, entry into force of regulatory legal acts and law enforcement acts preventing fulfillment of obligations, forced urgent (unscheduled) hospitalization confirmed by documents, if the above circumstances are beyond control of the Parties, prevent performance of this Agreement, and arose after conclusion of this Agreement.
9. Refund Policy / Order Refund
9.1. The Administration has the right to refuse provision of services at any time with full refund of the paid project cost without explaining reasons, with subsequent blocking of access to the personal account and all project materials. The client will be notified through any available communication means.
9.2. Consideration of full or partial refund is carried out within 10 days from the date of client request.
9.3. For all educational weight-loss courses:
- Full project cost refund is made if the Client applies before project start date or from the first to the third day of project start inclusive.
- Partial project cost refund is made if the client applies after the third day of project start. Partial refund is calculated by formula: project cost divided by number of project weeks multiplied by number of weeks of project material not yet provided.
- Full or partial refund, as well as transfer of participation in the same project to the next start dates, is also possible if illness of participant or close relative is documented, or in case of force majeure circumstances preventing further participation in the project. Force majeure circumstances must also be documented.
9.4. For all educational Academy courses:
- Full project cost refund is made if the Client applies before project start date or from the first to the fourteenth day of project start inclusive.
- Partial project cost refund is made if the client applies after the fourteenth day of project start. Partial refund is calculated by formula: project cost divided by number of project weeks multiplied by number of weeks of project material not yet provided.
- Full or partial refund, as well as transfer of participation in the same project to the next start dates, is also possible if illness of project participant or close relative is documented, or in case of force majeure circumstances preventing further participation in the project. Force majeure circumstances must also be documented.
10. Intellectual Property
10.1. All text information and graphic images posted on the Website are intellectual property of the Seller and/or its suppliers and manufacturers of Goods.
10.2. Website Users are allowed to view Website information and materials solely for personal non-commercial use, reproduce them in one copy (including by copying into memory of user’s personal computer, printing a copy), and quote in the amount justified by citation purposes, except where such use causes or may cause harm to rights holder’s interests.
10.3. Website Users are prohibited from reproducing, distributing, publicly communicating, modifying, decompiling code or otherwise processing the Website, and from performing any other actions except those expressly permitted by the Public Offer. Any Website elements are prohibited from being used as part of other websites, other works in any form and by any means.
11. Other Conditions
11.1. The Seller has the right to unilaterally amend terms of the Public Offer by posting a new version of the Public Offer on the Website at least 5 (five) days before the date the new version enters into force. Provisions of the new version become binding for all previously registered Buyers unless within this period they declare in writing refusal to perform the Agreement in the new version. If the Buyer refuses, the Agreement terminates from the moment the previous version of the Public Offer ceases to apply, and if there are unfulfilled obligations of the Parties on that date — from the date of full fulfillment of such obligations.
11.2. If by court decision any provision of the Public Offer is declared invalid, the Buyer agrees that such provision will be considered replaced by another provision implementing the original intentions of the parties (to the extent permitted by law). Invalidity of one or more provisions of the Public Offer does not entail invalidity of the entire Public Offer or its other provisions.
12. Dispute Resolution
12.1. In case of disagreements and disputes related to fulfillment of terms of this Agreement, the parties resolve them through negotiations.
12.2. If disputes cannot be resolved through negotiations, disputes are resolved in accordance with legislation of the Russian Federation.