Public offer

PUBLIC OFFER AGREEMENT
on Informational Consulting Services

This document, according to Articles 633 and 641 of the Civil Code of Ukraine, is a public offer to conclude an agreement on information and consulting services (hereinafter – the Agreement and/or Offer), its conditions are the same for all consumers (individuals or legal entities), and its unconditional acceptance (payment by any means according to part 2 of Article 642 of the Civil Code of Ukraine) shall be considered an acceptance of this Agreement between the Customer and the Contractor and certify the fact of its conclusion.

The Contractor offers the Customer to conclude the present Agreement as follows:

  1. Definition of terms and general provisions
    1.1. For the purposes hereof, the following terms and definitions shall have the meaning presented below:
    Contractor means Dyrda Mykhailo Yuriiovych, an individual entrepreneur, acting on the basis of the data from the Unified State Registry of Legal Entities, Individual Entrepreneurs and Public Associations (date of entry: July 02, 2019, number of entry: 235300000041494).
    Customer means an individual or a legal entity, who has accepted the terms and conditions of this Offer in order to receive services;
    Event means any event arranged by the Contractor, which may be visited only upon presentation of a special document, i.e. a ticket;
    Ticket (or Electronic Ticket) means an ordered set of data, including the one generated by a System that includes the value of the Ticket details (cost, Event name, place, date and time of its holding, etc.), which unambiguously describes and confirms the Customer’s right to visit the Event; Ticket is a Certificate of Services Provided hereunder;
    System means an information system accessible from the website, designed for Ticket issue;
    Website means a website on the Internet located at www.fest.group, where the information about the Event is posted.
    Order means one or more Tickets selected by the Customer from the System and united by a single identification number in the System.
    Services mean information and consulting services, implying the Contractor’s participation in the Event.

1.2. The Agreement governs the terms and conditions of Services, as well as rights and obligations acquired in this regard by the Contractor and the Customer.

1.3. The Services are provided exclusively on the terms and conditions of this Agreement and only in the case of full and unconditional acceptance of its terms and conditions by the Customer (Offer acceptance). The use of the Contractor’s services by the Customer on the terms and conditions set forth herein indicates the conclusion of this Agreement between them.

1.4. Should the Customer fail to accept all terms and conditions of this Agreement, the services shall not be provided. The refund for the Tickets purchased by the Customer can be provided only in the manner, on the terms and conditions specified herein.

1.6. The Contractor shall be entitled to amend this Agreement at any time, but in any case, such changes shall be published on the Website and made publicly available on the Internet.

1.7. The Contractor shall be entitled to terminate this Agreement at any time without the prior notice to the Customer in the case of violation of the terms and conditions of this Agreement, as well as the other rules by the latter.

 

  1. Scope of agreement (offer)
    2.1. According to this Agreement, the Customer shall order and the Contractor shall provide information and consulting services in the framework of the Contractor’s participation in the Event in the manner, on terms and conditions specified herein and in the Contractor’s rules.

2.2. Services shall be considered provided by the Contractor properly and received by the Customer in full since the Contractor sends a Ticket to the Customer’s e-mail.

2.3. By accepting the terms and conditions of this Agreement, the Customer confirms that it has carefully read all the clauses of this Agreement and the information published on the Website.

2.4. By accepting the terms and conditions of this Offer, the Customer confirms its legal and actual capacity, including the attainment of 18 years old, legal use of a bank payment card, as well as awareness of the liability for performance of obligations assigned to it as a result of this Offer conclusion.

2.5. In accordance with the Law of Ukraine on Personal Data Protection No. 2297-VI dated June 01, 2010 (as amended), the Customer acknowledges and agrees with the provision of its personal data, as well as personal data of the third parties specified by the Customer, to the Contractor in the course of the Ticket registration, namely surname, name, contact telephone number, company name, position, city and e-mail address. The Customer’s personal data shall be processed in accordance with the laws of Ukraine. The Customer shall authorize the Contractor to process its personal data in connection with the provision of services to the Customer as stipulated hereby, including for the purpose of receipt of promotional messages about the Event and Tickets be the Customer. 

 

  1. Offer acceptance
    3.1. This Offer shall be considered the principal document in official relations between the Contractor and the Customer. Acceptance of this Offer by the Customer is implied by consecutive actions of the Customer specified in clause 3.2 hereof (Offer acceptance). This Offer shall be accepted by the Customer voluntarily and shall be tantamount to the conclusion of an agreement in writing (part 2 of Article 642 of the Civil Code of Ukraine).

3.2. This Offer shall be accepted by the Customer by the consecutive performance of the following actions: 

  1. a) address to the Website;
  2. b) selection of a particular West and category of the receipt;
  3. c) familiarization with the terms and conditions of this Offer;
  4. d) provision of the e-mail address, surname and name of the recipient of the receipt; 
  5. e) payment for the receipt. 

3.3. The Customer shall be sure that all conditions of this Offer are clear to him and he accepts them unconditionally and in full.

 

  1. Rights and obligations of the Parties
    4.1. The Contractor shall:
    – provide the Services stipulated hereby;

– provide the Customer with required information about a particular Event, required information about the dates, place and time of refund for the purchased Tickets in the case of cancellation/replacement/postponement of the Event;

– provide an opportunity to order and pay for the Services using the provided payment methods; 

– provide advice on the use of the Website and ordered Services.

 

4.2. The Contractor shall be entitled to:
– request that the Customer complied with the entire procedure of registration/payment for the Ticket according to the rules set out herein;

– refuse to provide the Services in connection with improper performance of their obligations by the Customer in accordance with the terms of this Offer;

– cancel the Customer’s participation in the Event without refund of the paid fees in the case of violation of the rules of conduct during the Event by the Customer, namely: incitement of ethnic, religious conflicts, spam, advertising, obscene language, rudeness, insults of the staff or participants of the Event;

– at any time modify any System software, including the Website, suspend the operation of software tools ensuring the Website operation, if significant malfunctions, errors or failures are detected, as well as for the purposes of preventive maintenance and prevention of unauthorized access to the Website.

 

4.3. The Customer shall:
– read carefully all rules of Service provision, as well as terms and conditions of this Offer and accept them, as well as all additional rules governing the Parties’ relations hereunder; 

– provide true, accurate and complete information about itself when working in the System. The Customer acknowledges that it is fully responsible for the data reported to the Contractor. The Customer admits that it has no claim to the Contractor for the Ticket incorrectly registered by the Customer when using the Website, since it failed to check whether the details are correct during the registration;

– not violate the rules of conduct during the Event, namely incitement of ethnic of religious conflicts, distraction of participants from the Event topic, spam, advertising, obscene language, boorishness, insults to staff or participants of the Event;

– pay the cost of the executed Order in full.

 

4.4 The Customer shall be entitled to:
– request that the Contractor provided the Services in accordance with the terms and conditions of this Agreement;

– obtain a Ticket via the link on the Website. In this case, the Customer acknowledges that when using the Contractor’s System, it shall fully and unconditionally accept the terms of this Offer, regardless of how the purchase was made;

– choose the method of payment for the Ticket from those offered on the Website;

– obtain information about the rules of receiving the Tickets, available categories of Tickets and other information about the Event;

– when visiting the Event, the Customer must show the Ticket, printed or saved in the memory of the technical device of the Customer. Such refusal shall result in termination of all Contractor’s obligations to the Customer.

 

  1. Refund

5.1. The refund of the purchased ticket is made by the Contractor only in the following cases:

5.1.1. The ticket is refunded only if the West whose right to visit it is canceled is canceled

5.1.2. Postponement of the event date at the initiative of the Contractor.

5.1.3. Change of time or place of the event on the initiative of the Performer.

5.1.4. Return of the Customer with the intention of returning the ticket, but not later than three (3) weeks before the scheduled day of the event.

5.2. The refund of the Tickets is made by the Contractor upon the Client’s request in the following way:

– The customer sends a written request by e-mail to the Contractor’s mail stating the ticket number, name and surname.

5.3. The Contractor undertakes to refund only the nominal value of the ticket, no refund of the service charge and the cost of additional services is provided.

 

  1. Responsibility of the parties

6.1. In the event of failure or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with the legislation of Ukraine and the terms of this Agreement.

6.2. The Contractor’s responsibility is limited to providing the Services in accordance with the stated theme.

6.3. The Contractor shall not be liable in case of non-performance or improper provision of the Services on its part or by third parties, arising out of the unreliability, insufficient or untimely information provided by the Customer in the System.

6.4. The Contractor shall not be liable in case the Client fails to visit the West in circumstances independent of the Contractor.

6.5. The Contractor shall not be liable for the non-compliance of the West with the Customer’s expectations and subjective assessment.

6.6. The Parties will use their best endeavors to reach agreement on disputed issues through negotiation.

6.7. The Contractor shall not be liable for any damages and non-pecuniary damage sustained by the Customer as a result of misunderstanding or misunderstanding by him of the information on the procedure for issuing / payment of the Tickets, as well as receiving and using the Services.

 

  1. Force Majeure 

7.1 The parties shall be released from liability for full or partial non-fulfillment of their obligations under this contract, if such failure was the result of force majeure (circumstances of force majeure, ie extraordinary and independent of the parties circumstances). Force majeure (circumstances of force majeure) are extraordinary and inevitable circumstances that objectively make it impossible to fulfill the obligations stipulated in the terms of the contract of obligations in accordance with legislative and other normative acts, namely: threat of war, armed conflict or serious threat such conflict, including but not limited to enemy attacks, blockades, military embargo, foreign enemy action, general military mobilization, military action, declared and unannounced war, public enemy action, rally acts of terrorism, sabotage, piracy, disorder, invasion, blockade, revolution, rebellion, uprising, mass riots, curfew, quarantine set by the Cabinet of Ministers of Ukraine, expropriation, forced seizure, seizure of enterprises, requisition strike, accident, unlawful acts of third parties, fire, explosion, prolonged interruptions in the work of transport, regulated by the terms of the relevant decisions and acts of state authorities, closure of the sea canals, embargo, prohibition (restrictions) exports / imports, etc., and also caused by exceptional weather and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, snow accumulation, ice, hail, frost, freezing of the sea, straits, ports, passes , earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc. (the list is not exclusive).

7.2 In case of force majeure in the country, in the absence of a ban on mass events in the state at the legislative level, the Executor reserves the right to hold the event and the Client to visit it. In such circumstances, in case of refusal of the Customer to visit the West and requesting a refund of the ticket price, the Contractor is obliged to comply with the provisions of this agreement and the provisions of the current legislation.

7.3. In case of prohibition of mass events in the country at the legislative level in connection with the occurrence of force majeure circumstances, the Contractor reserves the right to postpone the date of the event with further information to the Customer in all possible ways.

7.4 In case of postponement of the date of the scheduled event by the Performer due to circumstances independent of the Performer’s will, the ticket is retained by the Customer only with respect to the original date of the event and does not continue due to the postponement of the event.

7.4. The Contractor shall not be responsible for the performance and / or security of the communication information channels used by the Customer for accessing the Site, as well as for storing information, including the Ticket received by the Customer in accordance with the terms of this Agreement.

7.5. All claims or claims related to this agreement must be made in writing within 10 (ten) calendar days of their occurrence. After the expiration of the specified term the claims will not be considered by the Contractor.

7.6. The Parties shall be governed by the applicable law of Ukraine on all other matters not provided for in this Treaty.

 

  1. Changes to the terms of the Agreement.

8.1 The Contractor may, at its sole discretion, amend the terms of this Agreement. The Contractor shall publish the changes on the personal Conference Website, indicating the date of the last revision of this Agreement. The Contractor has no obligation to notify the Customer of any changes to the contract except to publish them on this Site. Changes take effect from the date of publication of a public offering with the corresponding changes on the Site.

The customer agrees and is aware of the need to independently check the contract terms.

8.2 The explicit acceptance of this Agreement by the Customer and / or the use of this Site after the date of publication of the changes will mean its full and unconditional agreement with the modified terms of the Agreement.

 

  1. Amendments and termination of the contract

9.1. This Agreement shall enter into force on the date of payment of the Ticket by the Customer and shall remain in force until the end of the Event.

9.2. The Contractor has the right to unilaterally terminate this Contract.

9.3. The Contractor shall have the right to change the terms of this Contract without prior notice to the Customer. The customer, knowing the possibility of such changes, agrees that they will be made. If the Customer continues to use the Services of the Contractor after such changes, it means his consent to them.

 

  1. Contractor’s details:
    Individual entrepreneur Dyrda Mykhailo Yuriiovych

TIN 2941809196.
Address: 3 Hetmanska St., Apt. 12, Bila Tserkva, Kyiv region 09100
tel. +380 66 920-08-39
A/C 26000647687 with Raiffeisen Bank Aval JSC

Bank code 380805