6. MOMENT OF ACQUISITION OF THE MATERIALS. REFUND TERMS AND PROCEDURE
6.1. The Contractor's obligation to deliver the Materials shall be deemed duly and fully performed at the moment the Contractor publishes the Download Link for the paid Materials in the Customer's Personal Account (or sends such Link to the Customer's e-mail address, whichever occurs first). From that moment the Materials are deemed acquired by the Customer and the right of use is deemed granted.
6.2. The moment specified in clause 6.1 of the Offer occurs irrespective of whether the Customer followed the Download Link, whether they downloaded the files of the Materials, and to what extent they reviewed and used them.
6.3. When placing an Order the Customer expressly consents to being granted access to the Materials immediately after payment and confirms that they have been informed of the nature of the digital product: once access to the files has been granted, the Materials cannot be returned to the Contractor in a manner that deprives the Customer of the ability to continue using them. From the moment specified in clause 6.1 of the Offer, unilateral withdrawal by the Customer from the Contract does not give rise to a refund, save in the cases set out in clauses 6.5–6.7 of the Offer.
6.4. Until the moment specified in clause 6.1 of the Offer, the Customer may withdraw from the Contract and request a refund of the amounts paid. In that case the refund is made less the costs actually incurred by the Contractor, including bank and payment system fees.
6.5. Refunds are made in the cases provided for by the Offer and by the legislation of the Kyrgyz Republic, including: where the Contractor is unable to provide access to the paid Materials; where the Materials delivered are of inadequate quality or do not correspond to their description on the Site; and where the Customer was given inaccurate or incomplete information about the Materials (Article 11 of the Law of the Kyrgyz Republic “On Consumer Rights Protection” No. 90 of 10 December 1997).
6.6. The terms of the Offer do not limit the rights of a consumer Customer under the legislation of the Kyrgyz Republic. Terms which impair the consumer's position as compared with the legislation of the Kyrgyz Republic are invalid (Article 15 of the Law of the Kyrgyz Republic “On Consumer Rights Protection” No. 90 of 10 December 1997); in such case the provisions of the legislation apply.
6.7. No refund is made on the grounds that the Materials do not meet the Customer's subjective expectations, that the Customer lacks the free time or opportunity to use the Materials, or that the Customer has not achieved a desired organisational, pedagogical or economic result. The Customer confirms that prior to payment they had the opportunity to review the description of the composition of the Materials on the Site and to obtain the Demo Material free of charge.
6.8. A refund request shall be sent by the Customer to info@tochka-pro.com as a scanned copy signed by the Customer. The request shall state: the Customer's full name (or company name), the date and amount of the payment, the e-mail address given when placing the Order, the grounds for the refund and bank details. If the Customer considers the ground for the refund to be improper performance of the Contract by the Contractor, the Customer shall attach the relevant evidence to the request.
6.9. Where grounds exist, the refund is made to the bank details from which the payment was made, including by reversing the transaction, within 10 (ten) calendar days of receipt of the Customer's request. The date of the refund is the date the funds are debited from the Contractor's account. The time taken to credit the funds to the Customer's account is determined by the terms of the Customer's bank.
6.10. Where the Customer's claims relate only to part of the Materials paid for, the Parties may agree on a partial refund, less the price of the part of the Materials in respect of which no claims are made.
6.11. Where the Customer's refund request is granted, access to the relevant Materials is terminated within 1 (one) calendar day, the right of use provided for in Section 5 of the Offer ceases, and the Customer shall delete all copies of the Materials previously obtained.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Contractor shall: provide the Customer with access to the Materials in the scope corresponding to the paid Order within the time limits set out in clause 3.3 of the Offer; remedy technical problems caused by the improper functioning of the Contractor's Software; publish on the Site accurate information about itself and about the Materials in accordance with Article 5 of the Law of the Kyrgyz Republic “On Electronic Commerce” No. 154 of 22 December 2021; comply with the requirements of the legislation of the Kyrgyz Republic on the processing and protection of personal data; and maintain the confidentiality of information received from the Customer.
7.2. The Contractor may: engage third parties to perform the Contract; at any time amend and supplement the terms of the Offer, the composition and price of the Materials, or withdraw the Offer — amended terms take effect from the date of their publication on the Site and do not apply to Orders paid for earlier; suspend or terminate the Customer's access to the Personal Account and the Materials without a refund where the Customer breaches clause 5.7 of the Offer; and amend, update and supplement the Materials, it being understood that providing Customers who have already purchased Materials with access to updated versions is a right and not an obligation of the Contractor.
7.3. The Customer shall: read the Offer in full before making payment; provide accurate data when placing an Order and keep them up to date; pay for the Materials in full and on time; independently ensure the availability of the equipment, Software and Internet access required to download, view and print the Materials; comply with the terms of use of the Materials set out in Section 5 of the Offer; and not disclose Personal Account login credentials to third parties — all actions performed in the Customer's Personal Account shall be deemed performed by the Customer.
7.4. The Customer may: obtain access to the paid Materials in full and use them on the terms of Section 5 of the Offer; receive complete and accurate information about the Materials (Article 7 of the Law of the Kyrgyz Republic “On Electronic Commerce” No. 154 of 22 December 2021, Articles 7–9 of the Law of the Kyrgyz Republic “On Consumer Rights Protection” No. 90 of 10 December 1997); and contact the Contractor's technical support using the contacts published on the Site.
8. LIABILITY OF THE PARTIES
8.1. The Materials are informational and methodological in nature. Decisions taken on the basis of the information provided are within the Customer's exclusive competence; the Customer assumes responsibility and the risks associated with the use of the Materials.
8.2. The Contractor does not guarantee that the Customer will achieve any organisational, pedagogical or economic results, as these depend on the Customer's own actions and on circumstances beyond the Contractor's control.
8.3. The Customer is solely responsible for ensuring that its activity complies with the legislation of the state in which it is carried out, including requirements applicable to educational activity, to the protection of children's life and health, and to the safety of the equipment used.
8.4. The Customer is responsible for the use by third parties of information and Materials delivered to the Customer by the Contractor.
8.5. The Contractor is not liable for the quality of the Internet connection, data transmission errors, data corruption, or errors or delays in display arising through no fault of the Contractor, nor for the Customer's inability to use the Site due to disruptions to communication lines, equipment failures, or technical failures of computer systems, servers, providers and Software arising through no fault of the Contractor.
8.6. The Contractor's aggregate liability under the Contract is limited to the amount actually paid by the Customer for the Materials to which the dispute relates, except where the legislation of the Kyrgyz Republic provides otherwise.
8.7. In all matters not governed by the Offer, the Parties shall be liable in accordance with the legislation of the Kyrgyz Republic.
9. FORCE MAJEURE
9.1. The Parties are released from liability for partial or total failure to perform their obligations where such failure is the direct result of force majeure circumstances arising after the conclusion of the Contract: fire, flood, hurricane, earthquake, the imposition by public authorities of restrictions on the activity of either Party, and other similar circumstances which the Parties could neither foresee nor prevent by reasonable measures.
9.2. Within 3 (three) calendar days of such circumstances arising, the Contractor shall notify the Customer by publishing information on the Site and/or by e-mail to the address given by the Customer, and the Customer shall notify the Contractor by e-mail to the address stated in the Contractor's details.
9.3. A Party which fails to notify the other Party of its inability to perform its obligations loses the right to rely on such inability.
9.4. The Customer's lack of free time on any grounds, being on holiday or on a business trip, failure to pay for Internet access, or a malfunction of the means of accessing the Internet do not constitute force majeure.
10. DISPUTE RESOLUTION
10.1. The Contract is governed by the substantive law of the Kyrgyz Republic. All disputes and disagreements shall be resolved by the Parties through negotiations and, failing agreement, before the courts in accordance with the legislation of the Kyrgyz Republic at the Contractor's location, unless a different jurisdiction is established by mandatory provisions of law (including consumer protection law).
10.2. The pre-action complaint procedure is mandatory. Complaints shall be sent: to the Contractor — to the e-mail address stated in Section 13 of the Offer; to the Customer — to the e-mail address given by the Customer when placing the Order. A complaint shall be examined within 10 (ten) calendar days of its receipt.
10.3. Complaints, applications, acts and agreements may be signed by the Parties by exchanging scanned signed copies by e-mail. The Parties acknowledge that information and documents transmitted in this way have legal force and are equivalent to documents on paper (Articles 11 and 12 of the Law of the Kyrgyz Republic “On Electronic Commerce” No. 154 of 22 December 2021).
11. PERSONAL DATA
11.1. The Customer consents to the Contractor processing their personal data in accordance with the Privacy Policy published on the Site and Chapter 11 of the Digital Code of the Kyrgyz Republic No. 178 of 31 July 2025.
11.2. Personal data are processed for the purposes of concluding and performing the Contract and for the other purposes and on the terms set out in the Privacy Policy.
11.3. Advertising and informational messages are sent to the Customer on the basis of a separate consent, the form of which is published on the Site. The Customer may opt out of receiving them at any time.
11.4. The Customer may withdraw consent to the processing of personal data at any time by sending a notice to the Contractor's e-mail address. Withdrawal of consent does not terminate the processing of personal data necessary for the performance of the concluded Contract or for compliance with obligations established by the legislation of the Kyrgyz Republic.
12. FINAL PROVISIONS
12.1. The Contract enters into force upon acceptance of the Offer and remains in force until the Parties have fully performed their obligations. The terms of Section 5 of the Offer are of unlimited duration and survive termination of the Contract.
12.2. The current version of the Offer is published on the Site. The version of the Offer in force on the date of acceptance applies to the relations between the Parties.
12.3. Answers to frequently asked questions, descriptions of Programmes and other information materials published on the Site are for reference only. In the event of any inconsistency between them and the terms of the Offer, the terms of the Offer prevail.
12.4. This document is an English translation prepared for the convenience of Customers. The Offer is drawn up in Russian; in the event of any discrepancy between the English and Russian versions, the Russian version shall prevail. At the Customer's request, information about the Contractor and the Materials is also provided in the state (Kyrgyz) language.
12.5. In all matters not governed by the Offer, the Parties shall be guided by the legislation of the Kyrgyz Republic.
13. DETAILS OF THE CONTRACTOR