PROCEDURE FOR REFUND OF PAYMENTS FOR ACCESS TO THE AUTHOR’S CONTENT

PROCEDURE FOR REFUND OF PAYMENTS FOR ACCESS TO THE AUTHOR’S CONTENT

Date of publication of the current version: 25.08.2022

Revision of the document No. 1 dated 01.06.2022

Date of publication of the current version: 25.08.2022

Date of entry into force of the current version: 25.08.2022

1. This document defines the procedure for refunds of payments for access to the Authors' Content purchased by Users from Authors using the LAVA.TOP platform.

2. The terms used in this Procedure shall have the meanings set forth in the LAVA Platform Terms of Service, available at https://faq.lava.top/article/53764

3. Access to the Author's Content purchased by the User is provided automatically immediately after the User pays the Author's Fee using the technical means of the Platform.

4. Access to the Author's Content is a non-exclusive license granted by the Author to the User to view the Author's Content for the User's personal use, under the terms and conditions reflected on the Platform page with information about the relevant Author's Content.

5. The User shall have the right to send to the Administration through the User's Personal Account a request for a refund of the payments made by the User for access to the Author's Content, including those made on the Subscription terms, within 5 (five) calendar days from the date of being granted access to the Author's Content.

6. In connection with the provision of access to the Author's Content under a non-exclusive license, an unmotivated request for a refund of payment for the Author's Content shall not be considered in connection with the absence of grounds under applicable law for unmotivated termination of the license agreement entered into between the Author and the User through the Platform.

7. The User's request for a refund of payment for the Author's Content is subject to consideration if the User specifies in the request specific violations committed by the Author in connection with the provision of the Author's Content, including:

  • absence of Author's Content in the Platform interface on the page, the content of which corresponds to the name of the material page;
  • the Author's Content does not match the description of the Author's Content posted on the Platform, which does not allow the User to use the Author's Content for its intended purpose;
  • inability to view the Author's Content due to the failure of the Platform's function to display the Author's Content through the fault of the Author or the Administration.

8. The User's request for a refund is redirected by the Administration to the Author whose Content was purchased by the User. Within 3 (three) calendar days from the date of receipt of the request, the Author shall eliminate the violation indicated by the User in the request for a refund, or agree to refund the User, or send the Administration objections to the User's request.

9. If the Author files objections to the User's request for a refund, the Administration considers the User's request and the Author's objections within ten (10) business days of receipt of the Author's objections and makes a decision about the validity or invalidity of the User's claims at its sole discretion in accordance with the Terms of Service.

10. If the Author rectifies the breach within the time period specified in clause 8 of this Procedure, the Author shall be deemed to have provided the User access to the Author's Content in full and within the prescribed period, and in this case the Author’s Fee for access to the Author's Content shall not be refunded.

11. If the Author agrees to refund the payment or does not take any action as provided by clause 8 of this Procedure, the Administration shall refund the payment to the User after deducting the bank commission of 4% (four percent) of the payment received from the User.

12. After 5 (five) calendar days from the date of being granted access to the Author's Content, the User may request a refund exclusively from the Author, and the Administration shall not participate in the relationship between the User and the Author in connection with the refund of the payment.

13. The Administration shall not refund the payment to the User if the User pays for access to the Author's Content, the placement of which violates copyright (exclusive) rights of third parties or applicable law. In this case, the payment is withheld by the Administration as compensation for losses incurred by the Administration related to compensations to the holders of copyright and/or exclusive rights to the Author's Content and fines imposed on the Administration by regulatory and supervisory authorities.