Legal Terms

Description:

Details:

Public offer agreement

Kharkiv, Ukraine

Individual Entrepreneur, In the future, refers to the Individual Entrepreneur that is properly registered in accordance with the legislation of Ukraine, guided by Art. Art. 633, 641 of the Civil Code of Ukraine, Offers an unlimited chart of people to conclude a contract for using the website on the following conditions:

The terminology used in this Agreement means the following:
Acceptance - full and unconditional acceptance of the Offer by performing actions for registering on the Website;
Authentication data - a unique identifier of the User and the Organizer, which is used to access the Personal Page. Authentication data includes the User/Organizer login, password, and email addresses;
Website - a set of software and hardware with a unique address on the Internet in the domain zone https://des.obys.agency/ together with information resources in certain text, graphic, or sound forms, which are at the disposal of the Individual Entrepreneur and provide access for legal entities and individuals to these information resources and other information services via the Internet;
E-ticket – an electronic ticket generated by the Individual Entrepreneur at the direction of the Organizer, containing the details of access to a specific Event (URL, access code), which gives the User the right to participate in the Event chosen by them;
Internet page (HTML page) – Site page, a set of software-hardware-integrated information materials, including text, graphics, intended for publishing data on the Internet as an integral part of the Website;
Legislation – means the provisions of the current legislation of Ukraine that apply to this Agreement;
Event – thematic trainings, seminars, conferences, master classes in the format of a webinar or online consultations and other remote events of a similar kind that are organized by the Organizer using the services of the Website;
Application - the user's will to participate in a specific Event, executed using the Website, in the manner prescribed by the Offer;
Website Content - results of intellectual activity and equivalent means of individualization, including: literary works, texts, lectures, speeches, speeches, computer programs, programs and applications for mobile phones, audiovisual works (video courses, infographics, phonograms, images, trademarks and service marks, commercial designations and trade names, logos, hypertext links, their fragments, information, widgets and other objects placed on the Website;
Content of the Event - all information that constitutes the content of the session of a particular Event, including live streams, data files, texts, computer software, sound files, photo, video and other images, including those newly formed using the Website;
User - a person who has accepted the Offer contained in this public offer agreement and gets access to the information posted on the Website. The user bears all risks associated with the use of their account by any person who did not have the authority to do so and for the consequences of such use;
Unauthorized access - use of User Authentication Data by a third party;
Account - Authentication data and personal data of the user or Organizer stored on the servers of the Website;
Organizer - an individual, an individual entrepreneur or a legal entity that organizes the Event and places information about the Event to offer them to Users;
Personal page - An Internet page created using the software capabilities of the Website as a result of the receipt by the User or the Organizer of an account containing Personal Data;
Personal data - reliable, complete and up-to-date information that allows the Individual Entrepreneur to carry out the authorization procedure for the User and the Organizer, is voluntarily and free of charge posted by the User and the Organizer on the Personal Page. This information is provided by the user and the Organizer during the registration procedure on the Website, may contain the name, login, e-mail address and other information that the Organizer or the User considers necessary to provide about themselves. The storage of personal data is carried out to ensure the possibility of authorization on the Website ;
Offer - this public offer agreement, which is concluded between the Individual Entrepreneur and the User by joining the user to the agreement proposed by the Individual Entrepreneur as a whole, and contains the terms of use of the Website;
Payment system - payment organization, payment system participants and the totality of relations arising between them when transferring funds from Users to the account of the Individual Entrepreneur/Organizer for Events and Electronic Tickets available for purchase on the Website.
User registration - the procedure established by the Individual Entrepreneur and the result of entering into the database of registered Users their personal data and/or other information about the user in order to identify the user. During the registration process, the User is invited to fill out a questionnaire in which the latter indicates the Authentication and Personal data on the basis of which the Individual Entrepreneur provides the User with access to the User's Personal page on the Website, and subsequently access to specific Events held by the Organizer. Based on the results of registration, a User Account is created on the Website and the User is allocated a unique number (identifier) of the Personal Page;
Organizer Registration - actions of the Organizer to create an account on the Website in the procedure established by the Individual Entrepreneur. During the registration process, the Organizer fills out the Organizer’s questionnaire and indicates the Authentication data on the basis of which the Individual Entrepreneur provides the Organizer with access to the following functionality of the Website: creating the Organizer’s Personal Page, posting a consultation calendar on the Organizer’s Personal Page, displaying the Organizer’s rating, displaying online consultation rates ( the cost of electronic tickets), an electronic form for evaluating and commenting on the Content of the Event;
Working day – any day of the week, except Saturday and Sunday, and the day on which banking institutions operate on the territory of Ukraine;
Site Services – functionalities of the Website intended for use by visitors.
The titles/sections in this Agreement are for convenience only and do not affect the interpretation of this Agreement.

Subject of the Contract

This Agreement is an official public offer (offer) and contains all the essential conditions for the Individual Entrepreneur to provide all interested parties with services to provide access to the services of the Website.
The Individual Entrepreneur, in the manner and under the conditions stipulated by this Offer, provides the User with the opportunity to use the Website, and the User undertakes to use the Website following the terms of this Offer.
The Individual Entrepreneur's website is a platform for placing the offers of the Organizers. Unless otherwise expressly provided by this Agreement or the terms of participation in a specific Event, the Individual Entrepreneur is not an Event Organizer. All obligations regarding the holding of Events, the provision of paid services arise between the User and the Organizer and/or third parties. Unless otherwise expressly provided by this Agreement or the terms of participation in a particular Event, the Individual Entrepreneur is not responsible for the validity and possibility of fulfilling these obligations. Responsibility for the validity and possibility of fulfilling obligations regarding the holding of the Events, as well as for the Content of the Events, is solely the responsibility of the Organizer.
The fact of user registration on the Website is a full and unconditional acceptance (acceptance) of the terms of this Offer.
The schedule, number and duration of the Events published on the Website, as well as the cost of the E-ticket and other significant circumstances for the Events are published on the Website in real time.
On the terms stipulated by the relevant agreements between the Individual Entrepreneur and the Organizers, the Individual Entrepreneur, in relations with the Users, acts on its own behalf, but at the expense of the Organizers, providing technical support in the sale of Electronic tickets to the Events to the Users.
The User agrees that the terms of this Offer may be changed by the Individual Entrepreneur in the future by posting the current version of this Offer on the Website. If the User does not agree with the new (modified) terms of the Offer, the Individual Entrepreneur reserves the right to block or cancel the User Account.

User Registration on the Website

The provision of the Service to the User is possible if the User completes the registration procedure on the Website (the User creates an appropriate account (registration account). The account (registration account) must contain the user's login (nickname (fictitious name) or User Name), their e-mail address, and password.
User registration on the Website is free and voluntary.
The User is obliged to fully familiarize themselves with the terms of this Agreement before registering on the Website. Registration of the User on the Website means the full and unconditional acceptance by the User of the terms of this Agreement (acceptance of this Offer in accordance with Article 638 of the Civil Code of Ukraine).
Account registration is carried out by filling out the registration form. In the registration form, the User must specify a nickname or real name, a valid email address, and a password. After filling out this form, the Individual Entrepreneur will send an email to the specified email address containing a link, by clicking on which the User will confirm the registration. These steps are mandatory for registration. Also, the Individual Entrepreneur may provide for the technical possibility of registering a user using their current account (profile) in one of the social networks, in the manner indicated on the Website during the registration procedure.
After the successful registration of the User on the Website, the Individual Entrepreneur assumes the rights and obligations to the User specified in this Agreement. The login (name, nickname) and password specified by the User are necessary and sufficient information for the User to access the Personal Page of the latter on the Website.
The user does not have the right to transfer their login and password to third parties and is fully responsible for their safety, independently choosing the method of storage. Unless the User proves otherwise, any actions performed using their login and password are considered to be committed by the User with all the consequences that follow.
The user is responsible for maintaining the confidentiality of their password. If the User discovers facts of unauthorized access to their account, they undertake to notify the Individual Entrepreneur about this circumstance as soon as possible.
The Individual Entrepreneur never requires the User to provide any bank card number or pin code. In the event of such requests (on the Website or in the form of electronic messages), the User should immediately stop using the Website and notify the Individual Entrepreneur about this.
The Individual Entrepreneur never sends electronic requests to the User with a request to indicate, confirm or in any other way inform the Individual Entrepreneur or the Organizer of the password specified by the User during registration. The password is stored on the Website in encrypted form.
In case that the User loses the Authentication data for accessing the Website, or if it is necessary to change the nickname or e-mail address specified by the User during registration, re-informing the User of the lost data and/or changing the nickname or e-mail address can be carried out personally by the User using the services the Website, as well as the Individual Entrepreneur at the written request of the User, indicating in such a request the last name, first name and patronymic of the User, nickname and/or identification number of the User, also with the provision, at the request of the Individual Entrepreneur a copy of the payment document certifying that the User has paid for participation in the Event (payment order, receipt, etc.). Lost data is reported to the User at the email address specified by the User during registration or at the User's request, and the Individual Entrepreneur will do its best to provide the User with access to their Personal Data upon request, the opportunity to correct them (if they are incorrect) and, if necessary, delete them.

Rights and Obligations of the Parties

User rights:

The User has the right to use the Website, in particular, by obtaining information about the Event posted on the Website, as well as by obtaining the opportunity to participate in the Events by filling out an Application, performing the actions provided by the Organizer and receiving an Electronic ticket.
The User has the right to use the Website in any other way provided by the Individual Entrepreneur.
The User has the right to refuse to participate in the Events after the registration and payment of the Application only if such a right is provided by the Organizer in the conditions of the relevant Event. The specific conditions for the User's refusal to participate in the Events are indicated by the Organizer in the information message announcing the Events posted on the Website or in the Electronic Ticket. In this case, the refund of the funds paid by the User is made by the Organizer independently, unless otherwise provided by agreement between the Parties.
An individual user enjoys all the rights of a consumer under the current legislation governing such relations.
Obligations of the User:
The User is obliged to provide reliable information about the process of creating an account (registration) on the Website.
The User undertakes not to reproduce, repeat, copy, sell, or use for any purpose the information and materials that have become available to them on the Website, except for their personal use.
The User is obliged to maintain in good technical condition their own equipment and communication channels that provide them with access to the Website, to enter the Website under their account at a time from only one device (personal computer, tablet, etc.). The Individual Entrepreneur is not responsible for failure to provide access to the Website and/or certain services of the Website for reasons beyond the control of the Individual Entrepreneur.
The User undertakes to familiarize themselves with the current version of this Agreement each time they visit the Website until the moment they start using the services of the Website.
The User undertakes to familiarize themselves with the methods and terms of payment for participation in the Event before submitting the Application.
The User undertakes to familiarize themselves with the content, conditions of registration and the procedure for holding the Events, as well as with the additional requirements imposed by the Organizer for filling out the Application. If the User does not fully understand any conditions for holding the Events, including the payment procedure, the User undertakes to clarify these conditions, and if it is impossible to clarify, refuse to complete the Application and participate in the Events.
The User undertakes to pay in full the cost of the E-ticket on their own or through third parties for participation in the Event. After paying for the E-ticket, the application is considered submitted, and the User has the right to participate in events or use other services provided by the Organizer.
In case of disagreement of the User with this Agreement or the changes that are made If the User does not agree with this Agreement or the changes made to it by the Individual Entrepreneur, the User is obliged to refuse to use the Website, informing the Individual Entrepreneur about it.
When using the Website, the User is not entitled to:
Post on the Website and/or send anywhere through / using the Website (upload, store, publish, distribute, provide access to or otherwise use any information, including links to it) any materials of the following nature:

(I) violating the current legislation of Ukraine, the norms of international law or the laws of foreign countries; that contain threats, slander or insult; discrediting other persons, violating the rights of citizens to private life or public order; that are obscene or contain obscene language, pornographic images and texts or scenes of a sexual nature, violence, both with the participation of minors and without; containing scenes of cruelty to animals; containing a description of the means and methods of suicide, any incitement to commit it or to commit acts that pose a threat to life and (or) health, including causing harm to one's health;

(II) violating to some extent the honor and dignity and business reputation, the rights and legally protected interests of other persons, including the rights of minors;

(III) promoting or containing calls to incite religious, racial or interethnic (ethnic) hatred, containing attempts to incite hatred or calls for violence, promoting fascism or the ideology of racial superiority, other social pathologies;

(IV) containing extremist materials that promote criminal activity or contain advice, instructions or guidelines for committing criminal acts;

(V) containing information of restricted access, including, but not limited to, state and commercial secrets, information about the private life of third parties;

(VI) containing advertising or describing the attractiveness of the use of drugs, including "digital drugs" (sound files that affect the human brain through "binaural beats"), information about the distribution of drugs, recipes for their manufacture and tips for using;

(VII) which are fraudulent;

(VIII) other materials containing negative information that can harm the health and (or) development of children;

(IX) other materials that encourage other persons to illegal behavior that entails criminal, administrative, civil and other liability or in any way violates the provisions of the current legislation of Ukraine. Any actions of the User that, in the opinion of the Individual Entrepreneur, restrict the rights of another User or in their implementation are not allowed.

Post on the Website and send through / using the Website materials that are advertising of any goods or services without obtaining the prior express consent of the Individual Entrepreneur.
Upload, post or otherwise use the Website, any material that is subject to protection under the Intellectual Property Laws, personal information and other materials protected by law without obtaining the express permission of the owner of the rights to the object. In this case, the obligation to prove that the placement of materials on the Website by the User does not violate the copyright, related and other rights of third parties lies with the User.
Register on behalf of or instead of any other person.
Mislead about your identity using the login and password of another registered User.
Distort information about yourself.
In any way, including, but not limited to, by deception, breach of trust, hacking, trying to gain access to the login and password of another User.
Unlawfully collect and process personal data of other people.
Post any information that, according to the Individual Entrepreneur, is undesirable, does not meet the purposes of the Website, restricts the interests of others, or is otherwise undesirable for posting on the Website.
Use robots, spiders, scrapers or other automated means to access the Website without the written permission of the Individual Entrepreneur.
Take actions that impose or may impose an excessive or disproportionately large load on the infrastructure of the Website, which may prevent its proper operation.
Copy, reproduce, modify, create derivative works from, distribute or publicly reproduce any content of the Website, program code that is part of the Website or the services offered on the Website without the prior written consent of the Individual Entrepreneur and the relevant third party.
Interfere (attempt to interfere) with the operation of the Website or perform any actions on the Website in ways not provided for in this Agreement.
Circumvention of measures that the Individual Entrepreneur may use to prevent or restrict access to the Website or any part of the Website, including devices that prevent or restrict the use or copying of any material or impose restrictions on the use of the Website or material contained therein.
Distribute spam messages containing a request to forward this message to other Users and/or other unsolicited information.
Attempt to interfere with, or compromise the integrity of the Website or its security, decrypt any transfer from/to the server that serves the Website.
Upload incorrect data, viruses or other malware to or through the Website.
Collect or store personal data of third parties, including the account name, using technologies or means different from those used or may be used on the Website.
Form (express) demand or supply and reach agreement on the performance of work,which results in or in the process of using content that is illegal, harmful, defamatory, offensive morality, demonstrating (or promoting) violence and cruelty, violating intellectual property rights, promoting hatred and/or discrimination against people on racial, ethnic, sexual, religious, social grounds, containing insults to any person or organization, containing elements of (or promoting ) pornography, child erotica, is an advertisement (or propaganda) of services of a sexual nature (including under the guise of other services), explains the procedure for the creation, manufacture, distribution, other use of drugs or their equivalents, explosives or other weapons.
Violate the rights of third parties.
Impersonate another person or representative of an organization and/or community without sufficient rights to do so, including employees of the Individual Entrepreneur, the owner of the Website, and use other forms and methods of illegal representation of other people on the Internet, as well as mislead other Users or the Individual Entrepreneur.
Violate the norms of the current legislation of Ukraine otherwise.
The User is responsible for any information that they post on the Website, communicates to other Users, as well as for any interaction with other Users that they do at their own peril and risk.
Regardless of and in addition to the other provisions of this Agreement, when using the Website, the full and exclusive responsibility of the User includes:
User is responsible for any information or other Event Content that User creates, hosts, uploads, or otherwise transmits (distributes) to third parties through the Website, as well as for receiving the Event Content and any interaction with other users through the Website, including liability for all claims that are made and may be made regarding the Event Content transferred and/or accepted by the User, for violating of intellectual property rights, copyright and related rights, as well as in connection with the dissemination of false information, inappropriate, threatening, offensive or slanderous information, information that discredits others, etc., as well as for all the consequences of these actions (including any losses the Individual Entrepreneur may incur).
Responsibility for any relations with third parties that have arisen in connection with or as a result of the use of the Website, including the responsibility of the User to third parties involved in the private and/or commercial and/or non-commercial activities of the User through the Website, as well as the responsibility of the User for their own losses and expenses incurred as a result of the interaction of the User with third parties in connection with the use of the Website.
The User is responsible for carrying out activities using the Website that are prohibited or that violate the Legislation, as well as activities that require special permission (license) for such activities, without obtaining such permission (license).

Rights and Obligations of the Individual Entrepreneur

The Individual Entrepreneur has the right:
make modifications to any software of the Website, terminate the Website upon discovery of significant malfunctions, errors and failures, and in order to maintain and prevent unauthorized access to the Website.
use the User's personal information provided by the latter in any way that does not contradict the legislation of Ukraine.
advise the User during the execution / confirmation / payment of the Application and the Electronic Ticket, including independently contacting the User at the e-mail address or telephone number specified by the User during registration on the Website.
at any time, change the terms of this Offer unilaterally, without prior notice to the User, by publishing the changes on the Website, no later than 3 business days from the date of its acceptance / introduction. The Individual Entrepreneur recommends that the User regularly check the terms of this Offer for changes and/or additions. Continued use of the Website by the User after the Individual Entrepreneur makes changes and/or additions to the Offer means the User's unconditional and full acceptance and consent to such changes and additions.
assign or otherwise transfer its rights and obligations arising from its relationship with the User to third parties, subject to the rights and interests of the User provided for by the Legislation.
In case of violation by the User or the Organizer of the terms of this Offer, the Individual Entrepreneur has the right to block the User's or Organizer's account, or otherwise restrict access to the Website with or without notification by e-mail or using the Personal Page.
The Individual Entrepreneur must inform the User about the status of the Application and about the fact of successful payment for the E-Ticket. The fact that the User is informed is the fact that an e-mail is sent to the e-mail address specified by the User when registering on the Website, containing the relevant confirmation information.
The Individual Entrepreneur is not obliged to carry out updates and/or improvements and/or improvements and/or any other change in the operation of the Website. The Individual Entrepreneur reserves the right at any time and for any reason to modify or discontinue or suspend the Website in order to determine the possibilities and limitations of the use of the Website, as well as introduce and change the use of the Website.
The Individual Entrepreneur is responsible for the storage and processing of the User's personal data, ensures the confidentiality of these data during their processing in accordance with the terms of this Agreement and the current Legislation.
The Individual Entrepreneur is not responsible for the disclosure of information provided by the User on the pages of the Website in a public form.

Terms and Conditions for Access to Events

The User gets access to the services of the Website and the Events if they have the technical ability to use this access. The parameters of the User's technical support, necessary and sufficient for receiving specific services, are given on the Website. The User can use the services of the Website to access various devices provided for by the technical conditions for the provision of services. The technical support parameters may be supplemented, specified and/or changed by the Individual Entrepreneur.
The Individual Entrepreneur has the right to change the web application that provides data exchange (web interface of the Event) and the software of the Event, as well as change the requirements of hardware and software that must be used by the User to receive services. With any and all of these changes, this Agreement will apply to such changes, unless otherwise expressly advised by the Individual Entrepreneur.
Information about specific Events and/or the functional composition of specific Events, information about the conditions for providing access to the Events and/or the free nature of the Events, specification of requirements and/or recommendations for technical support for access to the Events, other information or requirements that must and/or may be communicated to the User in accordance with this Agreement or the requirements of the Legislation, are considered to be provided to the User properly if the specified information:
published on the Individual Entrepreneur's Website;
brought to the attention of the User at the conclusion of the Agreement in the text of the Agreement;
brought to the attention of the User by means of electronic messages sent to the User's e-mail specified during registration;
printed in advertising and informational materials of the Individual Entrepreneur;
brought to the attention of the User when contacting the contact addresses and telephone numbers of the Individual Entrepreneur;
brought to the attention of the User by other means available to the Individual Entrepreneur, including through the media (advertising).
The User's access to participation in the Event, information about which is posted on the Website, is provided subject to 100% prepayment of the cost of the Electronic Ticket for participation in such an Event, in the manner and in the manner specified in this Agreement, on the Website or otherwise communicated to the User.
Participation in the Event is confirmed by filling out the Application, which consists in completing the final sequence of actions:

(I) pressing (clicking) on the information window of the selected Event,
(II) by going to the page of the specified Event on the Website,
(III) by pressing the "Register" button and
(IV) by making payment for participation in one of the ways determined by the Organizer of a particular Event.
Payment is made within 30 (thirty) days from the date of submission of the Application, but, in any case, no later than the start of the Event.

An E-ticket for participation in the Event is provided to the User by sending it to the User's e-mail address specified by them during registration on the Website. Also, information about the planned and held Event is reflected on the User's Personal page in the "Personal Events" section. Login to the Personal page is carried out by the User by entering the e-mail address (or User login) and password, and pressing the word "Login".
The execution of the Application using the Website is confirmed by information (account) records of program control of the connection and cost accounting (billing) as part of the Website. Any actions of the User on the subscription / refusal of the Application has an equivalent legal force if the parties have entered into an appropriate agreement in writing.
Unless otherwise provided by this Agreement, sufficient evidence of the actions performed by the User will be information (account) records on the servers that ensure the operation of the Individual Entrepreneur's Website, regardless of the method and/or technical device with which they were carried out.
The time of performance of any actions (transactions) under this Agreement is Kyiv time, determined based on account data on the servers that ensure the operation of the Individual Entrepreneur's Website, unless a different procedure for determining the time was additionally agreed upon in the agreements between the Parties.
If within 3 (three) working days from the date of completion of the procedure for purchasing an Electronic ticket, but, in any case, no later than the start of the Event, the User for one reason or another did not receive an E-ticket, he/she should contact the Individual Entrepreneur's support service at the contact telephone number of the Individual Entrepreneur or other number indicated on the Website.
The Individual Entrepreneur reserves the right to cancel the user's participation in the Event, while the Organizer is not obliged to return the paid fee in case the User violates the rules of conduct at the Event. These violations are the publication by the User in the comments or otherwise during the Event of information prohibited by clause 4.3.1. of this Agreement, including inciting ethnic conflicts, containing obscene language or otherwise insulting other participants of the Event or the Organizer, publication of information that does not relate to the subject of the Event or publication of advertising information.
The Individual Entrepreneur reserves the right to cancel the User's participation in the Event if it is established that they have transferred the details for participation in the Event to third parties, including by publishing in the public domain an individual link (URL) for the User's participation in this Event, distribution by the User of information and materials, received by them in connection with participation in the Event. The use of information and materials is allowed only for personal purposes and for the personal use of the User. The User's access to participate in the Event is provided for no more than one viewer for each individual link.
The possibility of cancellation / rescheduling of the Event is set by the relevant Organizer independently. The Individual Entrepreneur is not liable to the User for non-performance and/or improper performance by the Organizer of its obligations.
If the Event is canceled due to the fault of the Organizer, and also if the User refuses to participate in the Event due to the postponement of this Event by the Organizer, the Organizer is obliged to refund the full cost of the funds paid by them for participation in such an Event.
The User who wishes to refuse to participate in the Event for reasons beyond the control of the Individual Entrepreneur and the Organizer of this Event, if the possibility of such refusal is provided by the relevant Organizer, shall be reimbursed for the cost of the E-Ticket paid by the User, minus the costs actually incurred by the Organizer.
The Individual Entrepreneur's website may contain links to other Internet resources. By accepting the Offer, the User agrees that the Individual Entrepreneur is not responsible for the availability of these resources and their content, as well as for any consequences associated with the use of the content of these resources.

Price, Procedure and Form of Payments

Payments for providing the User with access to the Content of the Event organized by the Organizer and placed in paid access on the Website are carried out between the User and the Organizer directly.
The Individual Entrepreneur reserves the right to accept funds from Users for the use of individual Website Content, the intellectual property right or license which belongs to the Individual Entrepreneur, as well as for Events organized directly by the Individual Entrepreneur.
The prices of E-tickets are indicated on the Website for each Event separately at the moment of opening the collection of Applications for participation in a particular Event, or are communicated to the User by sending an electronic message.
The User transfers funds to the Organizer of the Event in the amount of the cost of an electronic ticket for the Event chosen by them, in the order of 100% prepayment.
Users-residents of Ukraine make payments in the national currency of Ukraine - hryvnia. Non-resident users pay in hryvnias or in foreign currency, in accordance with the invoice issued by the Organizer. Any banking fees charged by the User's bank or correspondent banks shall be paid by the User.
The method of payment is determined by the Organizer and brought to the attention of the User by sending an electronic message or in another way chosen by the Organizer.
The User independently chooses a convenient payment method among the possible ones and which is available on the Website at the time of payment. Methods and methods of payment that are not provided and are not available on the Website for making and confirming payment are not accepted.
The Individual Entrepreneur has the right to provide both one and several options for payment methods. The Individual Entrepreneur has the right at any time and at its sole discretion to change / remove any payment methods on the Website without the obligation of any messages and changes to this Agreement.
When choosing a payment card payment method, the User indicates information related to payment cards, namely: card number, expiration date, CVC / CVV code and the name of the payment card holder and gives consent to the Individual Entrepreneur / Organizer / Payment System to process their personal and payment data , for the transfer of funds for the selected Event.
By selecting and confirming the payment method, the User authorizes the Individual Entrepreneur / Organizer / Payment System to deduct from the payment card / bank account indicated by them, through the selected payment method, the full cost of the E-Ticket indicated on the Website, including commissions, the corresponding extra charge for transferring funds, the amount possible conversion and exchange rate differences that will be applied to the processing of payment, and also authorizes these persons to use payment and personal data for (I) purchasing the selected E-Ticket, (II) processing refunds of payments, if necessary, and (III) for other purposes necessary to fulfill the terms of this Agreement. The User is fully aware and agrees that at the time of payment to the Individual Entrepreneur, the amount of additional costs for processing payment transactions is unknown.
The Individual Entrepreneur has the right to request from the User, and the User undertakes to provide a bank statement to resolve controversial financial issues related to the payment of E-tickets, with a refund in cases provided for by the legislation of Ukraine, as well as to resolve other controversial financial issues.
If the User chooses any of the payment methods, they acknowledge the fact that the Individual Entrepreneur, after receiving funds to pay for the E-tickets, transfers these funds to the relevant Organizer, and is not the owner of these funds.
When creating/executing an application, the funds on the payment card may be blocked with their subsequent write-off. Write-off of funds from the payment card may be carried out by the Individual Entrepreneur or the Organizer. The User undertakes to take all measures to ensure that the debiting of funds from the payment card is possible and available at any time by the Individual Entrepreneur or the Organizer (for example, all restrictions and limits of the issuing bank for making payments must be removed by the User before the actual debiting of funds from the account).
The day of payment is the day of receipt of funds to the bank account of the recipient of funds.
If the Event does not take place, the funds received by the Organizer from the User as payment for the E-ticket for such an Event shall be returned to the User within 30 days from the date of cancellation of the Event.

Personal Data

Taking into account the fact that when concluding this Agreement, the Parties become aware of the personal data of individuals, in order to comply with the provisions of the Law of Ukraine "On the Protection of Personal Data", individuals joining this Agreement (accepting the Offer):
confirm that they have provided the Individual Entrepreneur with consent to the collection, processing, accumulation, storage, distribution and destruction of their personal data in order to authorize on the Website and use the services of the Website;
confirm that they are informed about their rights (according to Article 8 of the Law of Ukraine "On the Protection of Personal Data"), namely:

(I) be aware of the sources of collection, the location of their personal data, the purpose of their processing, the location or place of residence (stay) of the owner or processor of personal data or give an appropriate instruction to obtain this information to persons authorized by them, except in cases established by law;

(II) receive information about the conditions for granting access to personal data, including information about third parties to whom their personal data is transferred;

(III) to access their personal data;

(IV) receive no later than thirty calendar days from the date of receipt of the request, except as otherwise provided by law, an answer on whether their personal data is being processed, as well as receive the content of such personal data;

(V) present a reasoned demand to the owner of personal data with an objection to the processing of their personal data;

(VI) present a reasoned demand to change or destroy their personal data by any owner and manager of personal data, if these data are processed illegally or are unreliable;

(VII) to protect their personal data from illegal processing and accidental loss, destruction, damage due to deliberate concealment, failure to provide or untimely provision of them, as well as to protection from the provision of information that is unreliable or discrediting the honor, dignity and business reputation of an individual;

(VIII) file complaints about the processing of their personal data with the Commissioner of the Supreme Council for Human Rights or with the court;

(IX) apply legal remedies in case of violation of the legislation on the protection of personal data;

(X) make reservations about limiting the right to process their personal data when giving consent;

(XI) withdraw consent to the processing of personal data;

(XII) know the mechanism of automatic processing of personal data;

(XIII) to protection from an automated decision that has legal consequences for them.

fully understand that the information provided is personal data, that is, data that is used to identify Users and agree that such data is processed (stored) by the Individual Entrepreneur for further use in accordance with the Economic, Civil, Tax Codes of Ukraine, the Law of Ukraine "On accounting and financial reporting” and for the implementation of business relations between the Parties.
The User's personal data is stored and processed by the Individual Entrepreneur in the manner prescribed by this Agreement for the entire duration of the Agreement and for 3 (three) years from the date of its expiration or termination.
The Website uses cookies and other technologies to monitor the use of the Individual Entrepreneur's services. These data are necessary to optimize the technical functioning of the Website and improve the quality of the Website. The Website automatically records information (including URL, IP address, type browser, language, date and time of request) about each visitor to the Website, as well as the facts of the use of the software. The Individual Entrepreneur may combine personal information received from the User with data (including demographic, geographical, educational, employment, information on the number of visits Website, total time spent on the Website), received from other services on the Individual Entrepreneur Websites or from independent sources, to improve the quality of service. The User may refuse to provide personal data when visiting the Website or disable cookies, but in this case, not all functions and services of the Website may work correctly.
The Individual Entrepreneur takes all necessary measures to protect the confidentiality of Users' personal data from unauthorized access, modification, disclosure or destruction, including:
provides continuous internal verification of data collection, storage and processing processes and security;
ensures the physical security of the data, preventing unauthorized access to the technical systems that provide the operation of the Website, in which the Individual Entrepreneur stores personal data;
provides access to personal data only to those employees of the Individual Entrepreneur or authorized persons who need this information to perform duties directly related to the provision of services to the User, as well as the operation, development and improvement of the Website. Such persons bound by the Individual Entrepreneur under confidentiality obligations.
The information publicly disclosed by the Parties during the execution of this Agreement, as well as information that can be obtained by the Parties or third parties from sources to which any person has free access, is not confidential.
The confidentiality conditions provided for in this Agreement apply to all information that the Individual Entrepreneur can receive about the User during the latter's stay on the Website and using the Website. The Individual Entrepreneur considers information about the facts of the use of services by the User, as well as the content of the Event as confidential information. The Individual Entrepreneur does not monitor the Event organized by the Organizer and does not transfer information about the Organizer to third parties, except as provided in this Agreement.
The Individual Entrepreneur processes personal data, including those transmitted during authorization sessions on the Website and sessions of using other services of the Website on the servers of communication service providers acting in accordance with the laws of Ukraine and other countries. The Individual Entrepreneur informs Users about the most significant changes in the methods of protecting the collected personal data by posting a message on the User's Personal page on the Website or by sending an email message.

Intellectual Property Rights

The Content of the Website and the Content of the Events are the intellectual property of the Individual Entrepreneur or are used by it on the basis of the duly executed consent of third parties and are subject to protection in accordance with the legislation of Ukraine. Distribution by the User of the information received at the Event for commercial purposes without obtaining the direct consent of the Individual Entrepreneur for such actions by any means is prohibited.
Providing the User with access to the pages of the Website does not mean that the User is granted any license to use the Individual Entrepreneur's intellectual property. All rights, except those expressly granted to the User by this Agreement, are reserved by the Individual Entrepreneur.
Any software available for download on the Website is the intellectual property of the Individual Entrepreneur and/or its partners. The use of the Event software is governed by the terms of the license agreement, provided to the User for acceptance of its terms when downloading such software. If the license agreement for the use of the Event software is not provided to the User, the Individual Entrepreneur grants the User the right to use the Event software solely for the User’s personal non-commercial use, while the fee for using such Event software is included in the price of the Electronic Ticket. All rights to the software of the Event, including copyright and other exclusive rights in relation to such software, are reserved by the Individual Entrepreneur and/or the manufacturer of the software of the Event.

Responsibilities of the Parties

The amount of the Individual Entrepreneur's liability under this Agreement is limited by setting the maximum amount of losses subject to compensation. Such limit for losses in any case may not exceed the cost of the E-ticket for the Event, which was held by the Organizer using the Website. The Individual Entrepreneur is not responsible for indirect losses, lost profits, loss of business reputation of the User, etc.
Information posted on the Website for a specific Event, as well as the Content of the Event, is added to the Website by the Organizer. The Individual Entrepreneur is not obliged to control the posted information, pre-check it and agree on it. The Individual Entrepreneur is not responsible for the reliability, accuracy, completeness or quality of any information published by the Organizer and/or third parties on the Website. The Individual Entrepreneur does not support or confirm any information posted by the Organizer and/or third parties on the Website. The User understands and agrees that by using the Website, they may receive information that is subjective, evaluative and controversial.
The Individual Entrepreneur is not responsible for the Organizer's failure to comply with the conditions for holding the Events, since the Organizer is fully responsible for holding the Events.
The Individual Entrepreneur does not verify the information posted by the Organizer and cannot guarantee the complete absence of inaccuracies in it, and therefore, is not responsible to the User for any erroneous and/or inaccurate data about the Event, as well as for harm caused to the User and/or losses from the presence of errors or inaccuracies in the information received by the User.
If the User, for reasons beyond the control of the Organizer, did not use their right to participate in the Events, then the obligations of the Organizer are considered to be duly fulfilled, in the stipulated amount and on time, and the funds paid by the User are not refundable.

Force Majeure

The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement, if their fulfillment is hindered by an emergency and inevitable circumstance under the given conditions (force majeure), as defined in the legislation of Ukraine. At the same time, the term for the fulfillment of obligations under the Agreement is postponed in proportion to the time during which such circumstances were in effect.

Disputes Resolution Procedure

In case of non-fulfillment or improper fulfillment of obligations under this Agreement, the Party whose right has been violated shall send a written claim (demand) to the other Party.
The party whose right has been violated has the right to file a claim with the court in accordance with the jurisdiction established by the requirements of the current legislation.
The message, claims, requests, statements, and other official materials are transmitted by the Parties to each other as follows:
from the Individual Entrepreneur to the User - by sending to the e-mail address specified by the User when registering on the Website or posting on the User's Personal Page on the Website, accessible only to the User, unless otherwise provided in the relevant clause of this Agreement;
from the User to the Individual Entrepreneur - in writing using a registered letter sent by mail to the address of the Individual Entrepreneur specified in this Offer. Written appeals sent by the User to the Individual Entrepreneur must be signed by the User. Written appeals not signed by the User are not accepted by the Individual Entrepreneur for consideration.

Other Conditions

The terms of this Offer are valid until the moment of withdrawal/change of the Offer by the Individual Entrepreneur.
This Agreement is considered concluded from the moment of acceptance of this Offer, which is expressed in the registration of the user or the Organizer on the Website, and is valid until its termination by one of the Parties.
This Agreement may be terminated at any time by agreement of the Parties.
The Individual Entrepreneur has the right to terminate this Agreement and terminate the User's access to the services of the Website unilaterally at any time and for any reason at its own discretion, as well as in case of violation by the User of any of the conditions defined by this Agreement.
In the case of the conclusion of this Agreement (acceptance of this Offer) in writing, the termination of the agreement unilaterally by one of the Parties is carried out by sending a corresponding written application by the other Party.
By accepting the terms of this Offer, the User expresses their consent to receive information about all other Events, access to participation in which the Individual Entrepreneur provides, regardless of the term of this Agreement, provided that such consent can be revoked by the User at any time by sending an appropriate request to Individual Entrepreneur address.
If the user needs a printed copy of this Agreement signed by the Individual Entrepreneur, the User prints out in two copies the written version of the Agreement provided by the Individual Entrepreneur at the additional request of the User, having previously indicated the details of the User in the text (for individuals - last name, first name and patronymic, passport details and address of registration of the place of residence, contact telephone number, e-mail address and login, for legal entities and individual entrepreneurs - name, address of location and postal address, bank details, contact telephone number, e-mail address and login), signs both copies, while the number of the agreement is assigned by the Individual Entrepreneur and coincides with the unique user identification number (the number assigned by the Individual Entrepreneur to the User when registering on the Website), the place of conclusion of the agreement is the location of the Individual Entrepreneur - the city of Kharkiv, Ukraine, and the date of the Agreement is the date of the Acceptance is given, and sends both copies by mail in a registered letter to the address of the Individual Entrepreneur. Having received the Agreement signed by the User, the Individual Entrepreneur signs and executes it on its part and returns to the User one copy by mail, which will be sent to the user's postal address indicated by them when signing the Agreement.
All issues not regulated by this Agreement shall be resolved under the current legislation.

Individual Entrepreneur: Olha Olianishyna
The address: 61089, Ukraine, Kharkiv, 4y Bashtanivskiy, 7

Phone: +380669678110

Authorized email address: info@obys.agency.