PUBLIC OFFER AGREEMENT
1. GENERAL PROVISIONS
1.1. The following text is the Agreement between the online store https://silapartera.com (https://lorashen.ua/%20/t%20_blank), hereinafter referred to as "the Seller", and the user of the online store services, regardless of status (individual, legal entity, individual entrepreneur), hereinafter referred to as "the Customer", on the other hand, hereinafter together - the Parties, and each separately - the Party, entered into this Agreement (hereinafter referred to as the Agreement), addressed to an unlimited number of persons, which is an official public offer of the Seller, to conclude an Agreement with any Customer. When ordering and paying for the Products of the Seller, the Customers accept the terms of this Agreement as follows.
1.2. This Agreement defines the conditions for the purchase of admission to the educational video courses published on the site: https://silapartera.com for a period of one year, hereinafter referred to as «the Products», by the Customer through the Seller’s online store.
1.3. The Agreement is public under Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to equivalent to the Agreement signed by the parties.
1.4. In accordance with Art. 642 of the Civil Code of Ukraine by full and unconditional acceptance of the terms of this Offer Agreement, which confirms the conclusion of the Agreement on the proposed conditions, the fact that the Customer has paid the cost of the Products ordered on the online store website (or by other means).
1.5. Any of the following actions is considered acceptance of this public offer agreement:
1. the fact of registration of the Customer on the website of the Seller and registration of the Order of the Seller's services on the website of the Seller https://silapartera.com ;
2. payment for the Seller's services on the terms and in the manner determined by this Agreement and through the corresponding page of the Seller's https://silapartera.com ;
3. written (including in electronic form by means of e-mail) notification of the Customer about the acceptance of the terms of this Agreement to the e-mail address indicated on the website https://silapartera.com .
1.6. By concluding this agreement, the Customer automatically agrees with the full and unconditional acceptance of the provisions of this Agreement, prices for Products and all annexes that are integral parts of the Agreement.
1.7. If the Customer does not agree with the terms of the Agreement, he is not entitled to enter into this Agreement, and also does not have the right to claim to purchase any Products under this Agreement.
1.5. In this Offer, unless the context requires otherwise, the following terms have the following meanings:
"Online Store" - the Seller’s website, created for entering into Retail and Wholesale Contracts, after the Customer has familiarized himself/herself with Products proposed by the Seller on the photographs by remote means.
"Seller" is an organization, regardless of its legal form, and / or an individual entrepreneur, who sells Products.
"Product" - products offered for sale, and posted on https://silapartera.com (https://lorashen.ua/%20/t%20_blank).
"Customer" - is an individual, legal entity or individual entrepreneur, who has registered on the website https://silapartera.com (https://silapartera.com/) and has accepted this Agreement.
"Acceptance" - the provision by the Customer of full and unconditional consent to conclude this Agreement in full, without signing a written copy of the Agreement by the Parties.
"Order" - individual items from the Products assortment list specified by the Customer when making an Order on the site.
2. SUBJECT OF THE AGREEMENT
2.1. The Seller sells the Products (the admission to the educational video courses published on the website: https://silapartera.com (https://silapartera.com/) for a period of one year) according to the current price list published on https://silapartera.com (https://lorashen.ua/%20/t%20_blank) website, and the Customer pays and accepts the Products according to the terms of this Agreement.
2.2. The Customer and the Seller confirm that this Agreement is not a fictitious or putative deal effected under the influence of pressure or fraud.
3. RIGHTS AND OBLIGATIONS OF THE SELLER AND THE CUSTOMER
3.1. The Seller is obliged to:
3.1.1. Fulfill the terms of this Agreement;
3.1.2. Provide the Customer with Products;
3.1.3. Objectively inform the Customer about the Service and conditions of their provision on the website https://silapartera.com
3.2. The Seller has the right to:
3.2.1. Unilaterally suspend the provision of services under this Agreement if the Customer violates the terms of this Agreement;
3.2.2. Other rights in accordance with the current legislation of Ukraine and this Agreement.
3.3. The Customer is obliged to:
3.3.1. Timely pay for and receive the Products on the terms of this Agreement;
3.3.2. To get acquainted with the information about the Products that are posted on the Seller's website;
3.3.3. During the term of this Agreement and for 10 (ten) years from the moment of its termination for any reason, keep in confidentiality all information received in connection with the conclusion and execution of this Agreement (hereinafter - Confidential Information) and refrain from disclosing such information to third parties persons, except when required by Ukrainian law or any relevant national or international regulatory body;
3.3.4. Do not sell, license, sublicense, transfer or otherwise disclose any information received from the Seller to third parties, except as expressly provided for in this Agreement; Customer warrants that third parties associated with him, his employees and professional consultants who have access to information are required to accept confidentiality obligations no less stringent than those described here;
3.3.5. Do not infringe a copyright.
3.4. The Customer has the right to:
3.4.1. Place an Order with the Products listed on the respective website https://silapartera.com (https://stravopys.com/%20/t%20_blank);
3.4.2. Require the Seller to transmit the Products in accordance with the terms of this Agreement;
3.4.3. Other rights in accordance with the current legislation of Ukraine and this Agreement.
3.5. The Seller is not responsible for the improper use of the Products by the Customer ordered on the website https://silapartera.com (https://lorashen.ua/%20/t%20_blank). Any traumas, any other effects and consequences related to using in any form of the Products, either positive or negative, are the responsibility of the Customer.
3.6. The liability of the Parties in other cases is determined in accordance with the legislation of Ukraine.
3.7. The parties agree that any disputes that could not be resolved through negotiations are resolved in accordance with the current legislation of Ukraine.
4. ORDERING PROCEDURE
4.1. The Order formation.
4.1.1. Orders are accepted through the https://silapartera.com (https://lorashen.ua/%20/t%20_blank) website.
4.1.2. Orders are transmitted on-line on the actual e-mail address specified in the Order by the Customer.
4.1.3. When placing the Order, the Customer has to specify the data as accurately as possible. Incorrect information provided by the Customer may interfere with the Order execution at the specified time.
4.2.1. The Order payment means the Customer's consent to enter into this Agreement with the Seller.
4.2.2. The Customer pays the cost of the Order under the Agreement, by transferring money to the Seller’s account.
4.2.3. Prices for any of the Products’ positions listed on https://silapartera.com (https://lorashen.ua/%20/t%20_blank) website are valid at the time of the Order.
4.2.4. The Customer has the right to confirm or cancel the Order until it is paid.
4.2.5. The Customer will receive a message about the payment of the Order to the email address that was specified when placing the Order.
The date of payment for the Order is the time, registered by the payment system.
The Customer independently and at his own expense pays the cost of third-party services if it is necessary to receive the Products under this Agreement (for example, Internet access services, additional bank fees and others).
4.2.6. After the payment done the Seller gets the confirmation from his bank, the Customer receives on the actual e-mail all necessary details (logins, passwords, links etc.) to get the admission to the Products.
4.3.1. In exceptional cases it is accepted by the Parties that the Orders’ execution may take time due to technical or any other errors. At such cases the Sellers obliges to react in 24 hours from the Customer`s addressing to the Seller by the means determined on the website: https://silapartera.com (https://lorashen.ua/%20/t%20_blank).
5. INTELLECTUAL PROPERTY COPYRIGHT
5.1. The Seller is the sole owner of all rights on intellectual property of the Products. The copyright of the Products is reserved by the Seller. The usage (demonstrating, selling, sharing etc) without permission or additional agreement with the author is restricted and persecuted by the law.
5.2. For legitimate use of the name “Sila partera” - applying it to any product for which a sign is registered, hereinafter referred to as “ the Product”, the package containing such Products, trademark, label, badge, tag or other object attached to the product, storage of such products with put a specified sign for sale, offer it for sale, sale, import (import) and export (export), use it in business documentation or advertising, and on the Internet, including domain names, you need to obtain a separate permit.
5.3. If an individual, legal entity or individual entrepreneur has expressed a desire to use the TM in their activities, for permission to use it, they can send a letter to the email address announced on the website https://silapartera.com (https://lorashen.ua/%20/t%20_blank).
5.4. The Seller is the owner of exclusive property copyrights for a number of photographic and video works on the site and is their sole author. The Seller uses photographic and video works by publishing on the website https://silapartera.com (https://lorashen.ua/%20/t%20_blank) to illustrate the Products and services.
5.5. It is however admitted that the owner of the Products or services can be the third person, who allows to sell his/her products or services on the website https://silapartera.com (https://lorashen.ua/%20/t%20_blank) and is considered as the author and the owner of copyrights on intellectual property performed on the website https://silapartera.com (https://lorashen.ua/%20/t%20_blank).
5.6. Due to the presumption of originality of copyright objects, all photographic and video works are original, therefore they are protected by copyright without registrations and formalities from the moment of their creation in all countries of the world according to the 1886 Bern Convention for the Protection of Literary and Artistic Works law and related rights "of 1993.
5.7. The subject of exclusive property copyright to photographic and video works may authorize the use of these works to third parties and prohibit their use, if such occurs without obtaining permission.
The owner of the photos and videos posted on the https://silapartera.com (https://lorashen.ua/%20/t%20_blank) website gives permission to use his/her photo only if the photo has a back link to the source.
6. TERM OF AGREEMENT. REASONS AND PROCEDURE OF REFUNDING
6.1. Acceptance of the Offer by the Customer is confirmation of the conclusion of the Agreement on the terms of the Offer.
6.2. The Contract enters into force from the moment the Customer pays for the Order and is valid until the Seller fulfills its obligations under this Agreement.
6.3. The Seller has the right to make changes to the text of this Agreement at its discretion at any time and without prior notice to the Customer. The current (valid) version of the Agreement is always available on the website.
6.4. The Customer agrees and acknowledges that the introduction of changes to the Offer entails the introduction of these changes to the Agreement already in force between the Customer and the Seller, and these changes to the Agreement take effect with such changes in the Offer.
6.5. The return of funds by the Seller to the Customer is possible in the following cases:
Violation of the terms of the Agreement by the Seller.
7.1. The Seller guarantees the confidentiality of information that the Customer indicates during registration or when placing an Order.
7.2. The Seller guarantees that personal data will not be used for personal gain, on third-party resources or for the distribution of spam.
7.3. When placing an Order, the Customer agrees to the processing of his personal data that is stored in the Seller’s database solely for identification of the Customer / Recipient with repeated Orders and for their correct execution. If the Customer refuses, the Seller will not be able to place the Order accordingly.
8. PROTECTION OF PERSONAL DATA
8.1. The customer undertakes and guarantees to indicate accurate and reliable personal data and to keep them up to date. The Customer understands and accepts that the provision of inaccurate information to the Seller may lead, among other things, to non-receipt of up-to-date information, messages, warnings from the Seller, termination of this Agreement.
8.2. The Seller has the right to store and process any information entered by the Customer on the website https://silapartera.com (https://stravopys.com/%20/t%20_blank) or provided to the Seller in another way (including the IP and MAC addresses of the Customer, data on the location of the Customer, operating system version etc.).
8.3. The Seller takes the necessary and sufficient organizational and technical measures to protect the Customer's personal data from unauthorized access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties.
8.4. The Seller undertakes not to disclose information about the Customer to third parties without the consent of the Customer, with the exception of disclosure of information at the request of the court and / or law enforcement agencies within the framework of the current legislation of the relevant country.
8.5. The Customer thereby accepts and confirms that by using the registration accounts provided on other online services (social networks, the exact list of which is presented on the page), to enter the website https://silapartera.com (https://stravopys.com/%20/t%20_blank) and registration of the Customer, for example, Facebook, Google +, etc.), he agrees to the processing of his personal data by both the Seller and such online services; in the case of the provision of services to the Customer by Internet providers, mobile operators or other resources on the Internet, which (services) the Customer uses to access the websites https://silapartera.com , he consents to the processing of his personal data and to such above-mentioned persons.
8.6. The Customer gives his consent to the processing, including the use of cross-border data transfer, by the Seller or third parties on behalf of the Seller, of personal data provided by the Customer, in particular first name, surname, pseudonym, date of birth, e-mail address and login, gender, age and other things, for the following purposes:
8.6.1. Customer identification within the framework of using the Website https://silapartera.com (https://stravopys.com/%20/t%20_blank);
8.6.2. Ensuring the possibility of using the Site https://silapartera.com (https://stravopys.com/%20/t%20_blank), providing the Customer with services of access to viewing the content created by him, as well as providing information services to the Customer;
8.6.3. Communication with the Customer, including sending notifications, requests and information regarding the use of the Site https://silapartera.com (https://stravopys.com/%20/t%20_blank) , as well as processing requests and applications from the Customer;
8.6.4. Improving the quality of the Site https://silapartera.com (https://stravopys.com/%20/t%20_blank) , ease of use;
8.6.5. Targeting advertising materials.
8.7. The customer is informed and agrees that during the cross-border transfer of his personal data, the recipients of such data may be located in foreign countries that do not provide adequate protection of the rights of subjects of personal data. At the same time, the Seller undertakes to take all appropriate measures to ensure the confidentiality and security of any personal data transferred to the territory of any foreign states. The processing of personal data is any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
8.8. The Customer's consent to the processing of his personal data is valid and the term of use of personal data is valid during the term of the Customer's use of the Website https://silapartera.com (https://stravopys.com/%20/t%20_blank) 5 (five) years after the end of the last fact of access. to the Website https://silapartera.com (https://stravopys.com/%20/t%20_blank), unless a longer period is provided by the current legislation applicable to the Agreement.
8.9. If the Customer considers it necessary to revoke his consent to the processing of his personal data, the Customer must send a notification to the email address: email@example.com . In this case, the Seller deletes the Customer's account from the Website https://silapartera.com (https://stravopys.com/%20/t%20_blank) and his personal data. The right provided for in this clause may be limited in accordance with the requirements of applicable law. In particular, such restrictions may provide for the obligation of the Site https://silapartera.com (https://stravopys.com/%20/t%20_blank) to keep the information deleted by the Customer for the period established by the current legislation, and transfer such information, in accordance with the legally established procedure, to the state body.
8.11.1. Saving the Customer's credentials required to automatically log into his account, without the need for the customer to re-enter such data. Also, to save the Customer's settings for preliminary visits to the Site https://silapartera.com (country, language, etc.);
8.11.2. Obtaining detailed technical data on the actions of the Customer on the website https://silapartera.com (https://stravopys.com/%20/t%20_blank) , for example, information about the last page visited, the number of pages visited and time spent on them, selected fragments of the site https://silapartera.com (https://stravopys.com/%20/t%20_blank) , the interval between mouse clicks. Thanks to this, the Seller can determine the most popular sections of the Site https://silapartera.com (https://stravopys.com/%20/t%20_blank) and improve the quality of services provided to them;
8.11.3. Obtaining information about the advertising and information materials viewed by the customer.
8.12. To change the settings for cookies, the Customer can use the settings of his browser.
9. FORCE MAJEURE CIRCUMSTANCES
9.1. The parties are exempt from liability for non-performance or improper performance of obligations that are provided for in this Agreement, if it arose as a result of force majeure.
9.2. Force majeure in this Agreement means any circumstances that arose out of the will or against the will or will of the Parties and which cannot be foreseen or avoided, including military action, public unrest, epidemics, blockade, earthquakes, floods, fires, as well as a decision or orders of state authorities and administration of the state of which the Customer is a resident, or of the state of which the Seller is a resident, as a result of which additional obligations or additional restrictions are imposed on the Parties (or one of the parties) and which make it impossible for the further full or partial implementation of the Agreement, as well as other actions or events that exist outside the will of the Parties.
9.3. If force majeure circumstances continue for more than 3 (three) months in a row, then each of the Parties will have the right to refuse further fulfillment of obligations under this Agreement and, in this case, neither of the Parties will be entitled to compensation by the other Party possible losses.
10. OTHER CONDITIONS
10.1 Each Party guarantees the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to conclude and implement this Agreement in accordance with its terms.
10.2. A unilateral change in the terms of the concluded Agreement by the Customer or the Customer's refusal to comply with the terms of the concluded Agreement is unacceptable, except for the cases provided for in this Agreement. Neither Party to this Agreement has the right to transfer its rights and obligations to third parties without the consent of the other Party.
10.3. The information provided by the Customer is confidential. Information about the Customer is used exclusively for the execution of his Order.
10.4. By his own acceptance of the Agreement, the Customer voluntarily provides consent to the collection and processing of his own personal data with the subsequent purpose: the data that become known will be used for commercial purposes, including for obtaining information about the Order and processing information about it, namely: name, location / place of residence, registration data, bank details, electronic identification data (IP-address, phone, e-mail), last name, first name, personal signature and other data that make it possible to identify a person who acts in the interests and / or on behalf of the Customer and other data that one party transfers to the other for the purpose of establishing business relations, relations in the field of economic, financial services, studying consumer demand and statistics, for marketing, information, advertising or other similar purposes.
10.5. The Contractor is not responsible for the content and veracity of the information provided by the Customer when placing the Order. The Customer is responsible for the accuracy of the information specified when placing the Order.
10.6. The Customer is granted the right to use the Products of the Seller exclusively in its internal activities without the right to alienate them or transfer them to the benefit of third parties or his own.
10.7. The Parties undertake to keep confidential information obtained as a result of the implementation of this Agreement, except for cases when it is authorized in writing by the other Party or is required by state authorities in accordance with applicable law. For the disclosure of confidential information, the Party shall be liable in accordance with applicable law.
10.8. The Agreement is public and perpetual and is valid until terminated by either of the Parties in the manner prescribed by this Agreement or the current legislation, but in any case, until its final execution by the Parties.
10.9. The Seller independently, in accordance with and to fulfill the requirements of the current legislation of Ukraine, determines the terms of this Agreement and its annexes, which are its integral parts. The Seller has the right to independently change and/or supplement the terms of this public agreement and its annexes, including the rules for the provision and receipt of services and the Products under this Agreement. At the same time, the Seller guarantees and confirms that the current version of the text of this agreement and/or its annexes posted on the website of the Seller – https://silapartera.com (https://stravopys.com/%20/t%20_blank)– is valid.
DETAILS OF THE SELLER
Ukraine, Netishyn, Nezalezhosty, 10, 1. 30100
Tel: +38 0979833581