Remote Contract

The service provider of the website www. knowhowfizio.com, hereinafter - the Website, is SIA "Know How Fizio", registration number, 40203584399, legal address: 5-7 Stendes Street, LV - 1046, Riga, account no. LV69UNLA0055004747880, telephone no., +41795232723, e-mail address: [email protected], hereinafter referred to as the Seller, on the one hand, and the person placing an order on the Website, hereinafter referred to as the Buyer, on the other hand, enter into the following distance contract, hereinafter referred to as the Contract:

1. Subject matter of the agreement

1.1 The Buyer orders and pays for, and the Seller sells and undertakes to provide to the Buyer, training services (seminars, webinars) in an online environment and/or participation in face-to-face training, hereinafter referred to as the "Service", in accordance with the Buyer's order placed on the Website and the terms of the Contract.

2. Ordering and payment for the Service

2.1 The Customer shall order the Service on the Website, specifying the type and quantity of the Service selected and the Customer's exact details (name, surname, e-mail address, telephone number).

2.2 The Customer is responsible for providing true, correct and sufficient information when ordering the Service, otherwise the provision of the Service may be delayed or not possible.

2.3 By ordering and paying for the Service, the Buyer expressly consents to the Seller entering into this Agreement for the purchase of the Service at the price set out on the Website.

2.4 The price of the Service is quoted in EUR and includes applicable taxes, including VAT.

2.5 Depending on the bank or payment method used by the Customer, bank charges may apply, which will be shown separately and added to the price of the Service.

2.6 The Buyer shall pay for the Service by

2.6.1. by using the payment tools embedded on the Website (credit or debit card);

2.6.2. by bank transfer. In this case, the Seller will prepare and send to the Buyer's e-mail address a prepaid invoice for the payment of the Service.

2.7 If the Buyer chooses to pay for the Service by bank transfer (upon receipt of the prepaid invoice from the Seller), the Buyer undertakes to pay within the time period specified in the invoice, otherwise the Service shall not be deemed paid for, the prepaid invoice shall be cancelled and the Seller shall not be obliged to provide the Service.

2.8 The Seller shall prepare the invoice electronically (valid without signature) and send it to the Buyer at the e-mail address provided by the Buyer no later than 3 days after the order of the Service on the Website.

2.9 Before making any payment on the Website, by indicating his acceptance of the terms of the Contract or by paying the invoice for the prepaid Service by bank transfer, the Purchaser confirms that he has clearly understood all the terms of the Contract and undertakes to comply with them in full.

2.10 Upon receipt of payment for the Service, the Seller will send a confirmation of receipt of the order and payment for the Service to the email address provided by the Buyer.

3. Delivery of the Service

3.1 The Seller shall provide the Service to be arranged online (Online Service) in the following manner:

3.1.1 The time and manner of the Online Service shall be as set out on the Seller's website and in the Seller's confirmation email;

3.1.2 The Seller may use websites such as MS Teams, Zoom or online on the Website etc. to provide the Online Service;

3.1.3. the Seller will send the information about the receipt of the Online Service (user program name, link, access code, etc. necessary information) to the Purchaser in a separate e-mail notification no later than 3 days before the performance of the Service;

3.1.4. the Buyer is responsible for setting up the appropriate website/application on his technical device (computer, mobile phone, tablet) and for accessing the Online Service in time at the specified time and place by activating the link/code sent to the Buyer.

3.1.5 The Seller shall not be liable for any delay or failure of the Buyer to connect to the Online Service and in such case the Seller shall not refund the Buyer for the Online Service purchased.

3.2 Where the Buyer purchases a Service which is an audio or video recording (Digital Content Service)

3.2.1. no later than 3 days after payment for the Service, the Seller shall send a link to view or download the Digital Content to the email address provided by the Buyer, which link shall be active for X days from the date of sending;

3.2.2. by activating the link or code received, the Buyer has expressly agreed to start using the Digital Content Service and the Seller has received confirmation that the Buyer's right of withdrawal has expired;

3.2.3. by clicking on the received link/entering the codes, the Buyer does not acquire ownership of the audio/video file, but only the right to view and/or listen to the purchased Digital Content Service;

3.2.4. in the event that the Seller provides repeated or multiple access to the Digital Content Service, the Buyer will be informed of the terms and conditions of access by email correspondence;

3.2.5. the Buyer may not activate the link or code to use the Digital Content Service more than 10 times.

3.2.6 If the Customer stops listening/viewing the Digital Content Service for any reason (e.g. turns off the computer or wishes to use the service later), the link/code can be activated 10 times. After the link/code has been activated 10 times, the Digital Content Service shall be deemed to have been terminated and the link/code shall become invalid even if the Service has not been used in full.

3.2.7 Pursuant to Clause 22.13 of the Cabinet of Ministers' Regulation No. 255 of 20 May 2014 "Regulations on Distance Contracts", the Buyer has no right of withdrawal after purchasing the Digital Content Service and receiving the link or code, even if the Buyer does not actually use the sent link and the Buyer agrees to it. The Buyer shall only have a right of withdrawal under this Agreement if the Buyer has ordered a Digital Content Service by choosing to pay by bank transfer but has not yet made the transfer and therefore has not yet received the link or code to open the Digital Content Service purchased.

3.3 If the Service is organised as attendance at a live event (Live Service), the Seller will provide the Buyer with the address of the venue and other relevant information no later than 3 days before the Service is performed.

3.4 If the Buyer has notified the Seller in writing at least 7 days prior to the start date and time of the Live or Online Service that the Buyer will not attend the Live/Online Training, the Buyer shall be entitled to a refund of 100% of the paid enrollment fee (including VAT) or to transfer the paid portion of the enrollment fee to another type of training by stating so in the email notification.

3.5 If the Buyer has not notified the Seller at least 7 days prior to the start date and time of the face-to-face or online training that he will not be attending and has not paid for the service, the Seller will refund only 50% of the participation fee paid by the Buyer, the remaining amount being deducted as the estimated cost of the training, training materials and other organisational expenses.

3.6 Only the Buyer who has actually paid for the Service, and not the person on whose behalf the payment was made, may claim a refund in the cases set out in Clauses 3.4 and 3.5 of the Agreement.

3.7 If the Seller cancels or postpones the date and time of performance of the Live or Online Service, the Seller shall notify the Buyer in good time or as soon as is objectively possible. In such event, the Buyer shall be entitled to cancel the Live or Online Service on a different date and receive a refund of the Service Fee.

3.8 The Service shall be deemed to have been completed when the Customer has attended a live seminar or logged on to the Online Service (subscribed, received training materials, received certificate of attendance where applicable).

4. Right of withdrawal

4.1 The Customer has the right to cancel the purchase of the Service within 14 calendar days of payment for the Service without giving any reason.

4.2 The notice of withdrawal shall be an express withdrawal by the Buyer from the purchase of the Service and such notice of withdrawal shall be sent by the Buyer in free form to the Seller at the e-mail address: [email protected] within the period specified in clause 4.1. The Seller will send the cancellation form to the Buyer at the Buyer's request.

4.3 The Buyer shall have no right of cancellation if the Buyer has purchased the Digital Content Service, has commenced receiving the Digital Content Service, subject to clause 3.2.6 of the Agreement.

4.4 The Buyer shall have no right of cancellation in respect of the opening of an audio or video recording of the Service.

4.5 The Buyer shall have no right of cancellation if the Service is less than 5 calendar days from completion.

4.6 If the Buyer exercises the right of cancellation within the period provided, the Contract shall be terminated and the Seller shall refund the Service Fee to the Buyer no later than 14 (fourteen) calendar days from the date of receipt by the Seller of the notice of exercise of the right of cancellation.

4.7 The Seller shall make the refund using the same means of payment used by the Buyer to pay for the Service, unless a different method of refund is expressly agreed in writing between the Buyer and the Seller.

4.8 Upon receipt of a cancellation request, the Seller shall promptly notify the Buyer of the receipt of the request by sending a notice to the email address specified in the Buyer's cancellation notice.

5. Data processing

5.1 By placing an order on the Website, the Customer confirms that he/she has read, understood and agrees to the terms and conditions of the Contract and undertakes to comply with and abide by them.

5.2 By placing an order on the Website and entering the information required to order the Service, the Buyer confirms that he/she has read and agrees to the processing of personal data published on the Website and the Seller's Privacy Policy. At the same time, the Buyer agrees to receive notifications relating to the provision of the Service at the e-mail address provided.

5.3 The Buyer can find detailed information on the processing of personal data in the Privacy Policy section of the Site.

6. Other Provisions

6.1 If, upon receipt of the Buyer's order, the Seller determines that the actual price or specification of the Service differs from the order or that the Service is not available, the Seller reserves the right to unilaterally cancel the order and refund the fee paid by the Buyer. In this case, the Seller shall not be liable for any damages. The Seller will contact the Buyer electronically by sending a notification to the email address provided by the Buyer.

6.2 The Buyer and the Seller shall be liable to each other for direct damage caused to the other party by the gross negligence of the party at fault. The party claiming damages must prove the existence of such damages. In any event, the Seller's liability shall not exceed the amount paid by the Buyer for the performance of the Contract.

6.3 The Seller shall not be liable for any delay or failure to perform or for any other failure to perform due to circumstances and hindrances beyond the reasonable control of the Seller, including but not limited to strikes, governmental orders, acts of war or national emergency, environmental or climatic anomalies, failure of third parties to perform, interruptions in Internet connections and technical problems with communications equipment, computers and software. The party that is prevented by force majeure from performing its obligations shall immediately notify the other party in writing, stating the circumstances.

6.4 The Agreement has been drawn up in accordance with the laws and regulations in force in the Republic of Latvia.

6.5 If a court or other competent authority finds any provision of the Contract to be inconsistent with applicable laws and regulations, incorrect or inapplicable, the remaining provisions of the Contract shall not be affected.

6.6 Disputes between the Buyer and the Seller shall be settled by mutual negotiations. If the Seller and the Buyer are unable to resolve the dispute through negotiations, the Buyer may apply to the Consumer Protection Centre or a court of general jurisdiction in the Republic of Latvia. The Buyer may use an electronic dispute resolution platform (ODR) to resolve disputes relating to goods or services purchased on the Website. Further information is available at https://ec.europa.eu/consumers/odr/.

6.7 The Seller has the right to block the Buyer's ability to make purchases on the Website for a limited or indefinite period of time if fraudulent activity is detected or if facts are established about the Buyer's previous fraudulent activity on the Website.

6.8 The Contract shall enter into force at the time the Buyer orders the Service on the Website and shall remain in force until the obligations between the Seller and the Buyer have been performed in full.

6.9 The Contract will be available for the Buyer to save at the time the purchase of the Service is confirmed on the Website.