PUBLIC OFFER AGREEMENT
on providing information and consulting services
In accordance with the Articles 633, 641 of the Civil Code of Ukraine this document is a public proposal to enter into an agreement on the provision of information and consulting services (hereinafter – the Agreement and/or Offer), its terms are the same for all customers (individuals or legal entities), unconditional acceptance of which (payment by any means made in accordance with Part 2 of Article 642 of the Civil Code of Ukraine) is considered an acceptance of this Agreement between the Customer and the Contractor and certifies the fact of its conclusion.
Contractor hereby offers the Customer to enter into this Agreement on the following:
1. Definitions and General Provisions
1.1. In this Agreement the following terms and definitions are used with the following meanings:
Contractor – Private entrepreneur Misyura Bohdan Andriyovych, acting on the basis of the record from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations (entry date: January 16, 2007, entry number: 2,073,000 0000 010156);
Customer – an individual or legal entity who has agreed to the terms of this Offer in order to receive the Services;
Event – any event provided by the Contractor, which is possible to visit only on presentation of a special document – Ticket;
Ticket (or Electronic Ticket) – a set of ordered information, including information generated by the System, containing the details of the Ticket (cost, name of the Event, place, date and time of the Event, etc.), that unambiguously describe and confirm the Customer’s right to visit the Event; The ticket is the Act of providing services under this Agreement;
System – an information system, available on the Website, designed for Tickets reservation;
Website – website on the Internet, located at https://brainrain.com.ua/ containing information about the Events.
Order – one or more Tickets selected by the Customer from the System and unified in the System by a single identification number.
Services – information and consulting services on participation in the Contractor’s Event.
1.2. This Agreement regulates the terms and conditions for the provision of Services, as well as the rights and obligations of the Contractor and the Customer.
1.3. The provision of Services is carried out exclusively based on the terms of this Agreement and only in the case of full and unconditional acceptance of its terms by the Customer (acceptance of the Offer). The Customer’s use of the Contractor’s Services based on the terms offered in this Offer indicates the conclusion of this Agreement between the Parties.
1.4. If the Customer does not accept in full the terms of this Agreement, the Services shall not be provided. Refund for Tickets purchased by the Customer is possible only in accordance with terms and conditions set forth in this Offer.
1.6. The Contractor has the right to make changes to this Agreement at any time, but in any case, such changes shall be published on the Website and shall be publicly available on the Internet.
1.7. The Contractor has the right to terminate this Agreement at any time without prior notice to the Customer in case if the Customer violates the terms of this Agreement and other rules.
2. The subject of the Agreement (Offer)
2.1. Under this Agreement the Customer assigns, and the Contractor undertakes to provide information and consulting services in related to participation in the Contractor’s Event, in the manner and under the conditions specified in this Agreement and based on the rules of the Contractor.
2.2. The Services are considered to be provided by the Contractor properly and received by the Customer in full from the moment the Contractor sends the Ticket to the Customer’s e-mail address.
2.3. By agreeing to the terms of this Agreement, the Customer confirms that he has carefully read all the clauses of the Agreement and the information published on the Website.
2.4. By agreeing to the terms of this Offer, the Customer confirms its legal capacity, including reaching 18 years of age, legal use of a bank payment card, as well as the Customer is aware of the obligations imposed on him as a result of entering into this Agreement.
2.5. In accordance with the provisions of the Law of Ukraine “On Protection of personal data» № 2297-VI dated 01.06.2010, the Customer acknowledges and agrees to provide to the Contractor their personal data, as well as personal data of third parties referred to by the Customer, which are obtained by the Contractor in the process of a Ticket purchase, namely: name, telephone number, company name, title, city and email address. Processing of personal data of the Customer shall be in accordance with the laws of Ukraine. The Customer gives the Contractor the right to the processing of personal data in connection with the provision of the Services to the Customer arising from present Offer, including cases aimed at providing the Customer with advertisements about the Event, Tickets.
3. Terms of acceptance
3.1. This Offer is considered to be the main document in the official relationship between the Contractor and the Customer. Acceptance by the Customer of this Offer is carried out by consistent performance by the Customer of the actions specified in Clause 3.2 of this Offer (acceptance of the Offer). The Customer’s acceptance of this Offer is voluntary and equal to the conclusion of a written agreement (p. 2 of Article 642 of the Civil Code of Ukraine).
3.2. Acceptance of this Offer by the Customer is made by successive performance of the following actions:
а) accessing the Website;
b) selecting a specific Event and Ticket category;
c) acquainting with the terms of this Offer;
d) providing the email address, surname and name of the Ticket recipient;
e) paying for the Ticket.
3.3. Prior to accepting the Offer, the Customer shall make sure that all the terms of this Offer are clear to him and he accepts them unconditionally and in full.
4. Rights and liabilities of the Parties
4.1. Obligations of the Contractor:
– to provide the Services in accordance with the terms of this Offer;
– to provide the Customer with the necessary information about a specific Event, the necessary information about the dates, place and time of refund for purchased Tickets in case of cancellation/replacement/transfer of the Event;
– to provide an opportunity to order and to pay for Services via given payment options;
– to provide consultations regarding the use of the Website and the Services.
4.2. Rights of the Contractor:
– to require the Customer to comply with the entire procedure of registration / payment for the Ticket according to the terms set forth in this Offer;
– to refuse to provide the Services due to improper performance by the Customer of its obligations in accordance with the terms of this Offer;
– to cancel the Customer’s participation in the Event without refund in case of Customer’s violation of the rules of conduct during the Event, namely: incitement to ethnic, religious conflicts, spam, advertising, obscenities, rudeness, insults to staff or participants of the Event.
– at any time to make modifications to any software of the System, including the Website, to suspend the work of the software providing functioning of the Website, at detection of essential malfunctions, errors and failures, and also for the purpose of carrying out preventive works and prevention of cases of unauthorized access to the Website.
4.3. Obligations of the Customer:
– to get acquainted in detail with all the rules for the provision of Services and the terms of this Offer and to accept them, as well as to get acquainted with all additional rules governing the relations of the Parties in accordance with this Offer;
– when working in the System it is necessary to provide correct, accurate and complete information about yourself. The Customer acknowledges that he is fully responsible for the data submitted to the Contractor. The Customer acknowledges that he has no claims against the Contractor if the Customer has incorrectly executed the order of the Ticket on the Website if the Customer did not properly check the correctness of submitted data during the execution of such Ticket purchase;
– to adhere to and do not violate the rules of conduct at the Event, namely avoiding: incitement of interethnic, religious conflicts, distraction of participants from the topic of the Event, spam, advertising, obscene remarks, rudeness, insults to staff or participants of the Event;
– to pay in full the cost of the Order.
4.4. Rights of the Customer:
– to require the Contractor to provide Services in accordance with the terms of this Agreement;
– to receive a Ticket via a link on the Website. Considering that, the Customer acknowledges that in the case of using the Contractor’s System, the Customer fully and unconditionally accepts the terms of this Offers regardless of how the purchase has been made;
– to choose the method of payment for the Ticket from those offered on the Website;
– to receive information on the rules of Tickets purchase, available ticket categories and other information about the Events;
– when attending the Event, the Customer must present a Ticket printed or stored in the memory of the Customer’s technical device.
– to refuse from purchasing the Ticket until the moment of payment in accordance with the conditions provided for in this Offer. Such refusal will entail the termination of all liabilities of the Contractor towards the Customer.
5.1. Refund (returning the cost of the Tickets) is made exclusively in the manner and under the conditions provided by this Agreement and applicable law. Tickets are not exchangeable or refundable, unless otherwise expressly provided in this Agreement.
5.2. Refund of the full cost of Tickets is possible and has to be made only when the Event is cancelled, replaced or the time and date of such Event is postponed.
5.3. In case of replacement of the Event or postponement of the date and time of its hosting, the full cost of the Ticket is refunded at the request of the Customer made within 180 (one hundred and eighty) calendar days from the date of its notification of the replacement or postponement of the Event.
5.4. Refund for the purchased Ticket is made by the Contractor at the Customer’s request on the following terms:
– The cost of the purchased Ticket, except less the amount of the Payment Operator’s commission, is returned to the Customer if the Customer has notified the Contractor of his intention to return the Ticket at least 3 weeks before the date of the Event.
5.5. The Customer has the right to transfer the Ticket to a third party, provided that the Contractor is informed 7 days prior the date of the Event and provides the Contractor with all necessary information for re-issuance of the Ticket.
6. Liability of the Parties
6.1. In case of failure to fulfil and (or) improper fulfilment of obligations undertaken in accordance with this Agreement, the Parties shall bear responsibility pursuant to current laws of Ukraine and terms of this Agreement.
6.2. The Contractor’s liability is limited to the provision of Services in accordance with the stated subject.
6.3. The Contractor shall not be liable in case of non-performance or improper provision of Services by the Contractor or by third parties occurred due to inaccurate, insufficient or ill-timed information provided by the Customer via the System.
6.4. The Contractor shall not be liable in case the Customer fails to attend the Event due to the circumstances that are beyond the control of the Contractor.
6.5. The Contractor is not responsible for the discrepancies between Customer’s expectations and the actual Event as well as for the Customer’s subjective evaluations.
6.6. The Parties will make every effort to reach an agreement on the disputed issues through negotiations.
6.7. The Contractor shall not be liable for any damages and non-pecuniary damage incurred by the Customer as a result of misunderstanding or incomprehension of the information regarding the procedure of registration / payment for the Tickets, as well as receipt and use of the Services.
6.8. The Parties shall be released from the liability for any failure to comply with their obligations under the present Offer upon the occurrence of force-majeure circumstances (extraordinary and unavoidable circumstances), in full or in part. Circumstances of force majeure, in particular, include natural disasters, hostilities, strikes, riots and protests, actions and decisions of public authorities, failures that occur in telecommunications and energy networks.
6.9. The Contractor is not responsible for the efficiency and / or security of information channels used by the Customer accessing the Website, as well as for the storage of information, including the Ticket received by the Customer in accordance with the terms of this Offer.
6.10. All claims or lawsuits related to this Offer must be filed in writing within 10 (ten) calendar days from the date of their occurrence. After the expiration of the specified term claims will not be considered by the Contractor.
6.11. In all other matters not covered by this Agreement, the relationships of the Parties shall be governed by the current legislation of Ukraine.
7. Amendment and Termination
7.1. The present Agreement comes into force from the moment of payment for the Ticket and shall be valid till the end of the Event.
7.2. The Contractor has the right to unilaterally terminate this Agreement.
7.3. The Contractor has the right to change the terms of this Agreement without prior notice to the Customer. The Customer is aware of the possibility of such changes and agrees that such changes will be made. If the Customer continues to use the services of the Contractor after such changes, it means the Customer has become acquainted with the changes and thereby agrees to comply with updated Agreement in full.
8. Details of the Contractor:
Private entrepreneur Misyura Bohdan Andriyovych
Individual tax number: 3059320713
JSC ProCredit Bank, Kyiv, Ukraine
Bank code 320984
Taxpayer Certificate number: 496541
Legal address 27 Yerevanska Street, apartment 102