TERMS AND CONDITIONS

These Terms and Conditions ("Terms") outline the manner in which services are provided by MILANA MALEŠEV PR CONSULTING AGENCY TRAIN THE BRAIN PANČEVO, with its registered seat in Pančevo at Branka Radičevića 24B, registration number: 64512293 and VAT number: 109911654 ("Service Provider"), to users of educational programs ("Client", "Participant"). We recommend that you print and retain a copy of these Terms, as well as any other correspondence or documentation you receive from us regarding these Terms.

1. Definitions and Interpretation

1.1 This section outlines the meanings of key terms highlighted in bold. These definitions apply throughout these Terms whenever the specified terms are used.

• "Agreement" represents the entire agreement between the Client and the Service Provider, encompassing these Terms, the Application Form, and the Fee related to the Services.
• "Application Form" means the application form (either in electronic or paper form) completed and submitted by the Client to the Service Provider for the purpose of participating in the Program, in accordance with these Terms.
• "Cancellation Notice" means a written notice by which the Client cancels participation in the program provided by the Service Provider.
• "Client" means natural persons or legal entities, entrepreneurs, and other non-commercial entities who use the Services and who accept these Terms and pay for the Services offered by the Service Provider.
• "Client - consumer" refers to natural persons defined as consumers in accordance with the provisions of the Law on Consumer Protection ("Official Gazette of RS", No. 88/2021).
• "Educational Program" or "Program" means the provision of Services related to the training specified in the Application Form (or other training agreed upon in writing between the Service Provider and the Client) and all related materials, support, and advice.
• "Fee" means the compensation paid by the Client to the Service Provider as stipulated in clause 5.
• "Participant" means a natural person formally registered in the Educational Program.
• "Service Provider" is MILANA MALEŠEV PR CONSULTING AGENCY TRAIN THE BRAIN PANČEVO, with its registered seat in Pančevo at Branka Radičevića 24B, registration number: 64512293, VAT number: 109911654, engaged in consultancy activities related to business and management, and providing the Services as specified in these Terms.
• "Services" refer to the training, education, or seminar organized or to be organized by the Service Provider, as specified in the offer or description of the Educational Program.

1.2 "Person" includes natural person, legal entity, entrepreneur, or non-commercial entities.

1.3 All references in the singular include the plural and vice versa.

1.4 Section headings are provided for convenience of reading and application of these Terms and shall not affect their interpretation.

2. Application Conditions for the Educational Program

By applying to the Educational Program, the Participant agrees and confirms that:

• a. they are legally capable of entering into Agreement,
• b. they are at least 18 years of age,
• c. they have read and understood these Terms, reviewed the Services and the Fee.

3. Nature and Scope of Services

3.1 The nature and scope of the Services to be provided are determined based on specific requirements and needs of the Client, as confirmed during the application for the Educational Program.

3.2 The Services include, but are not limited to, access to online education, workshops, mentoring, and accompanying learning materials.

4. Application for the Program and Confirmation of Participation

4.1 Upon applying for the Educational Program, the Client receives an email confirming receipt of the application ("Confirmation"). The Agreement between the Client and the Service Provider is deemed concluded upon the Client's receipt of the Confirmation.

4.2 The Agreement between the Client and the Service Provider pertains to the education specified in the Confirmation.

4.3 The Client is required to fill out the Application Form for participation in the Program, which includes a link to these Terms.

4.4 By completing and submitting the Application Form, the Client agrees to these Terms and accepts the obligation to pay the Fee for participation in the Educational Program.

5. Fee

5.1 The Client pays a Fee for the provision of Services in accordance with instructions detailed in the Confirmation.

5.2 The Fee for the provision of Services must be paid by the Client prior to the commencement of the Program, in accordance with the Service Provider's instructions.

5.3 Upon application for the Program, the Client will receive a Confirmation specifying the amount of the Fee for participation and payment instructions.

5.4 If the Client is a legal entity, the Service Provider will issue a proforma invoice via email, after which the Client is required to make payment of the Fee according to the provided instructions.

5.5 The Client will be enrolled in the Program upon receipt of the Fee into the Service Provider's account, in accordance with the provided instructions, no later than 10 working days from the date of receipt of the Confirmation.

5.6 The Service Provider reserves the right to reject an application for participation in the Program if the Fee is not paid within the specified period or in accordance with the provided payment instructions.

5.7 Changes to the Fee may occur at any time, but such changes will not affect applications for which the Service Provider has already issued a Confirmation.

6. Recording of Workshops

6.1 All workshops of the Program will be recorded and archived on the "Thinkific" platform, providing access to Participants of the Educational Program.

6.2 Access to workshop recordings is strictly limited to instructors and Participants of the Educational Program, and only for workshops held during their participation in the Educational Program.

6.3 Participants who start the Educational Program at different times do not have access to recordings from other groups. If a Participant misses a specific workshop of their group, they still have access to the recording of that particular workshop.

6.4 Participants agree to use recordings solely for educational purposes and not to distribute or share content with third parties without prior approval from the Service Provider.

6.5 The Service Provider reserves the right to take legal action, withhold the certificate of completion of education, or exclude a Participant from the Program, including denying access to recordings, if it is determined that the Participant has violated the provisions regarding the use of recordings or has not complied with these Terms.

6.6 The Service Provider reserves the right to withdraw recordings from the "Thinkific" platform in case of Program termination or technical issues, with an obligation to inform Participants and provide alternative access to relevant materials.

6.7 The Service Provider assumes responsibility for protecting the privacy of Participants and guarantees that recordings will be used in accordance with these Terms and the Law on Personal Data Protection.

7. Unilateral Termination of Agreement and Cancellation of Participation in the Educational Program

7.1 The Client - consumer may cancel their participation in the Educational Program, or withdraw from the Agreement, without specifying reasons for termination and without any penalties, within 14 calendar days from the date of concluding the Agreement (date of application submission), but before the date of the Educational Program. Any cancellation of the Educational Program, or withdrawal from the Agreement (termination) by the Client - consumer must be in writing and sent to the Service Provider to the registered office address or via following e-mail: milana.malesev@learningmakeover.com.

7.2 For withdrawal from the Agreement, the Client - consumer may use the available form here or may submit a statement in a different form (in writing), provided that the statement contains the following information: name and surname of the Client - consumer, address (contact details), a clear statement of withdrawal specifying the Educational Program to which it pertains. The form/statement may be completed electronically.

7.3 Confirmation of receipt of the statement will be sent to the Client - consumer via e-mail.

7.4 If the Agreement is terminated within 14 calendar days from the date of concluding the Agreement, provided that the Client - consumer has not attended the Educational Program/part of the Educational Program, the Client - consumer shall not be obliged to pay the Fee, or if the Fee has already been paid, the Client - consumer shall be entitled to a refund of the paid Fee within 14 calendar days from the date of receipt of the statement of termination of the Agreement (withdrawal), and the Service Provider shall have no obligation towards the Client - consumer to hold the Educational Program. The refund will be made using the same means of payment that the Client - consumer used in the initial transaction, unless the Client - consumer has expressly agreed to the use of another means of payment.

7.5 However, if the Client - consumer fails to inform the Service Provider of their decision to terminate the Agreement before the date of the Educational Program, it shall be deemed that the Client - consumer attended the Educational Program, and the Client - consumer shall be obliged to pay the full Fee for the Program.

7.6 The Client can cancel their participation in the Educational Program without any penalties at least 15 working days before the date of the Educational Program.

7.7 If the Client cancels their participation in the Educational Program 14 working days or less before the Program, the Client will be obligated to pay the following amounts:

• If canceled between 14 (fourteen) to 10 (ten) working days before the date of the Educational Program - 25% of the total Fee.
• If canceled between 9 (nine) to 5 (five) working days before the date of the Educational Program - 50% of the total Fee.
• If canceled 4 (four) working days or less before the date of the Educational Program - 100% of the total Fee.

7.8 In all other cases, the Service Provider is entitled to the full Fee.

7.9 In case of non-attendance without proper cancellation as stated above, the Client is obliged to pay the full Fee, and is not entitled to a refund.

7.10 The Client can cancel their attendance in writing only and must send this written notice to the Service Provider at the registered office address or to the following email address: milana.malesev@learningmakeover.com. Confirmation of receipt will be sent to the Client via email.

7.11 The date of cancellation is the date of delivery of the Client's written notice of termination of the Agreement to the Service Provider.

7.12 In the event that the Service Provider unilaterally terminates the Contract or cancels the provision of Services, the Service Provider undertakes to fully refund the amount of the Fee paid by the Client. The Service Provider is obligated to refund the paid Fee within 15 working days from the date of notifying the Client of the termination of the Agreement.

7.13 The Client is required to consult with the Service Provider regarding any replacement of participants. Considering the specific criteria of the Educational Program, it is necessary to establish agreement between the needs of the new Participant and the goals of the Program.

7.14 In case of changes in content, date, or location of the education, the Service Provider will do so on the condition that it does not affect its overall objective and with prior notice to the Client via email or telephone call.

8. Limitation of Liability

8.1 The Service Provider shall not be liable for any damages, losses, or failures resulting from actions or decisions made by the Client during or after completion of the Education Program.

8.2 The services and all learning materials provided by the Service Provider are educational in nature and are not intended to constitute a definitive or comprehensive representation of specific subjects. They should not be considered a substitute for legal advice or professional counseling.

8.3 In the event of a breach of obligations prescribed by law, the liability of the Service Provider to the Client shall be limited to twice the amount of the fee paid by the Client for participation in the Program.

9. Force Majeure

9.1 The Service Provider shall not be liable for non-performance or delay in the performance of obligations under this Agreement if such failure is due to unforeseen and unavoidable events or circumstances beyond the control of the Service Provider, which prevent the provision of Services, including but not limited to strikes, picketing, lock-outs, transportation network failures, war or state of emergency, fires, floods, and other natural disasters.

10. Complaints

10.1 If the Client has any complaints regarding the Services, the Service Provider will take reasonable steps to resolve the issue.

10.2 The Client may send complaints to the email address milana.malesev@learningmakeover.com, and the Service Provider will acknowledge receipt of the complaint and contact the Client for further resolution.

10.3 The Service Provider and the Client shall not initiate legal proceedings or publicly disclose existing disputes on platforms such as Facebook, Twitter, Instagram, TikTok, LinkedIn, and others, without first attempting to resolve the issue or during the period of handling complaints or resolving disputes.

11. Code of Conduct

11.1 The Code of Conduct is designed to establish a safe, inclusive, and productive environment for all participants. Clients are required to adhere to the rules outlined in the Code.

11.2 The Client undertakes to abide by the Code of Conduct and agrees to disciplinary measures that the Service Provider may take in case of any violations of the Code, in accordance with the provisions of this Agreement.

11.3 In the event of a breach of the Code of Conduct, the Client will face consequences commensurate with the nature of the offense. The Service Provider reserves the right to apply appropriate disciplinary measures, which may include warnings, suspensions, or permanent expulsion from the Program, depending on the severity of the violation.

11.4 Decisions regarding disciplinary measures are made based on an objective assessment of the situation and relevant facts.

11.5 Before deciding on disciplinary measures, the Client will be given an opportunity to respond to allegations of violating the Code, except in emergency situations where it is necessary to protect the safety or integrity of the Program.

11.6 Upon entering into the Agreement, each Client will have access to the Code of Conduct to familiarize themselves with the behavioral rules outlined therein (Code).

12. Confidentiality

12.1 The Client agrees to maintain strict confidentiality regarding all information accessible or disclosed during participation in the Program. This obligation includes, but is not limited to, safeguarding confidential information received from the Service Provider, other course participants, or any third party, and preventing unauthorized access to or disclosure of such information to any third party. The Client agrees to use confidential information solely for the purpose of participating in the Program and not to use or disclose such information in any manner that could harm the Service Provider, other program participants, or third parties. The Client acknowledges that a breach of the confidentiality obligation may result in consequences including the loss of rights to further participate in the Program and legal actions against them.

12.2 The Client agrees that the Service Provider may provide Services to competitors of the Client or other parties whose interests may conflict with those of the Client, provided that the Service Provider does not disclose confidential information of the Client and adheres to ethical obligations.

12.3 The Client independently assesses the extent of information sharing in relation to the perceived benefit that may be derived from it.

13. Personal Data Protection

13.1 The Service Provider will process personal data in accordance with the terms of the privacy policy, which can be viewed at https://www.learningmakeover.com/privacy-policy.

13.2 The Client agrees that personal data will be processed by or on behalf of the Service Provider in connection with the provision of Services, and that data may be shared with suppliers, courier services, and other relevant entities, all for the purpose of enabling the provision of Services.

14. Assignment

14.1 The Client agrees not to transfer, assign, encumber, pledge, subcontract, or otherwise dispose of the rights and obligations under this Agreement without prior written approval.

15. Intellectual Property

15.1 All copyrights and intellectual property rights related to materials used within the Program belong to the Service Provider, unless otherwise specified.

15.2 Participants in the Program have the right to use the materials solely for learning and personal development purposes, provided they adhere to the usage rules defined by the Service Provider. These rights include the right to view, study, and temporarily load materials on personal devices of the Participants.

15.3 Without explicit written permission from the Service Provider, Participants are not entitled to perform any of the following activities: distribution, public display, adaptation, modification, or creation of derivative works based on program materials.

15.4 Any unauthorized use of materials, reproduction, distribution, or display of materials is considered a violation of the Service Provider's copyrights and is subject to legal sanctions in accordance with the laws of the Republic of Serbia. The Service Provider reserves the right to take legal action and seek compensation for damages incurred due to copyright or intellectual property infringement.

15.5 Participants undertake not to engage in activities that could jeopardize or infringe upon the intellectual property rights of the Service Provider or other participants of the Program. This includes refraining from theft, unauthorized copying or distribution of materials, as well as any other activities that could negatively affect the intellectual property of the Service Provider.

16. Dispute Resolution

16.1 Any disputes or disagreements between the Service Provider and the Client shall first be resolved amicably through negotiation. If amicable resolution of disputes is not feasible, potential disputes shall be resolved before the competent court.

17. Applicable Law and Jurisdiction

17.1 All legal relationships arising from the Terms are governed by the laws of the Republic of Serbia. This includes the application and interpretation of all provisions of the Terms, as well as the resolution of any disputes or disagreements arising from these Terms or their application.

17.2 All disputes arising from these Terms shall be under the jurisdiction of the court in Belgrade.