PUBLIC OFFER AGREEMENT
This document is an official public offer (hereinafter referred to as the “Agreement”, “Public Agreement” or “Offer” in the appropriate case) to enter into the Information Services Agreement whereby the Service Provider, of the one part, and the Customer, who by his actions has accepted this public offer, of the other part, hereinafter collectively referred to as the “Parties”, may regulate the legal relationship under the terms and conditions outlined herein.
Pursuant to Article 642 of the Civil Code of Ukraine, this Agreement is deemed entered into upon the Customer’s acceptance of the offer to enter into the Agreement (acceptance). According to Articles 633, 641, 644 of the Civil Code of Ukraine, the terms of this Agreement are identical for all.
By ordering the service via the fullnessforum.edufy.zone Website and paying for the service ordered, you are deemed to have fully and unconditionally accepted this Offer.
Any person who is interested in the information services of the Service Provider and has sufficient capacity may accept the offer of concluding this Public Agreement. The Service Provider will not verify the capacity and will not be held liable for any actions taken by the Customer that violate the law.
This Public Offer is intended for the general public.
I DEFINITION OF TERMS
SERVICE PROVIDER is a business entity incorporated under the laws of Ukraine, the individual entrepreneur MYKHAILO OLEKSIIOVYCH BILOHURA (registration number of taxpayer registration card 3233513895), which provides information services under this Public Offer.
CUSTOMER/PARTICIPANT is the person accepting this Public Offer who has provided his/her personal data and is entitled to personal access to the Online Forum broadcast to watch it live on the day specified on the Service Provider’s website.
ONLINE FORUM is an aggregate of online video lectures, online master classes and online webinars (audio-visual works converted into digital formats) held online or by broadcasting their recordings using web-technology, referred to as the International Online Forum “FROM EMPTINESS TO ABUNDANCE”, expressed in the form of information transmission by demonstrating original methods of learning certain content by giving the Participants access to the broadcast on a date determined by the Service Provider, for a fee.
INFORMATION SERVICE is an aggregate of the activities performed by the Service Provider and the services provided by the Service Provider as part of arranging and running the Online Forum and related online events. The Customer receives services remotely via the Internet.
PARTICIPATION OPTION is a notation of the scope of services as part of participation in the Online Forum that gives Participants the opportunity to choose the appropriate scope of services, and this affects the price of the services. Customers can choose any of the Silver, Gold or Platinum Participation Options within a single service on the website.
WEBSITE is an aggregate of data, electronic (digital) information linked and structured within a website address on the Internet at fullnessforum.edufy.zone created in particular for the conclusion of Public Agreements for the Service Provider’s provision of information services.
II SUBJECT MATTER OF THE AGREEMENT AND ONLINE FORUM PARTICIPATION
- The Subject Matter of this Public Offer Agreement is a legal relationship arising immediately between the Service Provider and the Customer, whereby the Service Provider undertakes to provide information service to the Customer for a fee, and the Customer undertakes to pay for the cost of such service, to accept it, and to comply with other obligations set forth herein.
- The Customer must carefully read the terms and conditions of this Public Offer, register on the website (generate and submit an application for participation), provide the Contractor with their personal data and pay the price of the information service to participate in the Online Forum.
- Once the registration for the Online Forum is complete, the Customer will receive a confirmation of the possibility to participate in the Online Forum with a personal link at the e-mail address that the Customer has provided before the Online Forum broadcast begins.
- A personal link is only and solely valid for the Participant to whom it was sent.
- The Customer, as an Online Forum participant, will gain access to the Online Forum broadcast page by clicking on the personal link.
III ACCEPTANCE OF THE TERMS (ACCEPTANCE OF THE OFFER)
- Accepting an Offer is essentially the same as signing a simple written bilateral agreement.
- The Customer accepts the offer by taking one of these actions:
- payment to the Service Provider’s current account based on payment information that the Service Provider may provide;
- payment via the payment system on the Service Provider’s website or the Internet-acquiring system on the Service Provider’s website.
- If payment is made by bank card, the Customer must use a Visa or MasterCard bank card which has been issued in the name of the Customer.
- In the event that the Service Provider makes a drawing for free participation in the Online Forum, the winner of such a drawing can accept the Offer directly by registering on the Service Provider’s website (generating and submitting an application to participate in the Online Forum).
- The acceptance of the terms and conditions of the Agreement (acceptance of the Offer) entails full and unconditional acceptance of all the terms and conditions thereof.
- By accepting the offer, the Customer confirms that all necessary and sufficient information has been provided to them to make an affirmative decision to conclude the Agreement.
IV PAYMENT FOR SERVICES AND REFUND TERMS
- The service fee is listed on the Website, along with a description of the service, including the scope of the service and, if applicable, promotional terms and conditions.
- Fees may vary as the date of the Online Forum gets closer. The current price of the Service is shown on the Website.
- Payment shall be made by wire transfer to the Service Provider’s current account, including through Internet acquiring services or payment terminals.
- The Service Provider shall provide the information service upon receiving full payment for it from the Customer.
- The receipt of funds on the Service Provider’s current account shall be the time of payment.
- If the Service Provider receives a justified Claim from the Customer that the information service is defective or incomplete, the Service Provider shall refund the full amount of money paid by the Customer, less payment system charges, bank charges, forwarding costs and tax paid.
- The Service Provider must examine the Participant’s Claim within seven (7) business days of receiving it.
- A Claim can only be honoured if all of the Participant’s details are provided as required to process the refund. The Claim must include information on the identity of the Participant, the grounds for the Claim and the Participant’s payment details.
- The refund shall be made within twenty (20) calendar days of the Service Provider’s decision to refund.
V TERM OF THE AGREEMENT
- This Agreement shall enter into force for the Customer upon acceptance and shall be in force until the Service Provider completes the provision of the information services.
- The Service Provider’s obligation to provide access to the Online Forum shall only apply as long as it takes place.
VI RIGHTS AND OBLIGATIONS OF THE CUSTOMER
The Customer shall be entitled to:
- Receive information services to such extent and under such terms and conditions as may be stipulated in this Public Agreement;
- Refuse to receive the Service Provider’s information services before paying for them.
The Customer shall undertake to:
- Read all the changes and terms and conditions of the Online Forum and the current version of this Public Agreement all by themselves and in due time when visiting the Service Provider’s website after accepting the Offer.
- When registering on the Service Provider’s website (when applying for participation in the Online Forum), provide only reliable information and data.
- Pay in full for the Online Forum Participation Option they purchased.
- Arrange for the technical ability to view the Online Forum broadcast from a personal computer, tablet or other mobile device themselves.
- Follow the instructions and recommendations of the Service Provider regarding the viewing of the Online Forum in good faith.
- Keep the data required for accessing the information and materials of the Online Forum confidential.
- Comply with the requirements of this Public Offer as they apply to the protection of intellectual property rights.
- Refrain from taking any action that results in diminishing the effectiveness of the technical means of copyright protection that the Service Provider has employed, including the use and application of software and hardware tools.
- Use materials and information from the Online Forum broadcast solely for personal, non-commercial purposes.
- Refrain from engaging in acts of wilful misconduct aimed at damaging the Service Provider’s business reputation.
VII RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
The Service Provider shall be entitled to:
- Request that the Customer complies with the terms and conditions of this Agreement.
- Receive full payment from the Customer for information services according to the Participation Option selected.
- Unilaterally, at its own discretion, change the composition of the Online Forum’s speakers or lecturers subject to notifying the respective change on the Website.
- Not to allow any Customer to participate in the Online Forum who has violated or failed to comply with the terms and conditions of this Offer.
- Unilaterally withdraw from or suspend the performance of this Agreement for the reasons set out in the Agreement.
- Send out information and advertising messages using the contact e-mail address provided by the Participant.
- Involve third parties in the provision of information services and parts thereof.
- Unilaterally adjust the terms and conditions of this Agreement without renegotiating this Agreement subject to the publication of the adjustments on the Website. The new version of the Public Offer shall take effect on the date of its publication on the Website.
The Service Provider shall undertake to:
- Provide services to the Customer such as stipulated in the Public Agreement.
- Make all organisational arrangements for the Online Forum and provide advice to the Customer on the information services the Service Provider provides.
- In the event of changes to the terms and conditions of the Online Forum, notify the Customer of the relevant changes by posting the information on the Provider’s Website.
- Keep the information and personal data provided by the Customer as part of the performance of the terms of this Public Offer in accordance with the requirements of Ukrainian law.
VIII TERMINATION OF THE AGREEMENT BY THE SERVICE PROVIDER
- The Customer is entitled to refuse to participate in the Online Forum until they receive a personal link to access the broadcast of the Online Forum and to notify the Service Provider of such refusal by sending an email to the email address of the Service Provider – email@example.com.
- If so, the amount the Customer has paid will be refunded within twenty (20) calendar days of notice of cancellation of participation in the Online Forum. The Service Provider will refund the full amount paid by the Customer, minus the payment system fee, bank charges, the forwarding costs of the funds and the amount of tax paid.
- The money paid will not be reimbursed if the Customer refuses to view the online forum broadcast for any reason after getting the personal link to access the online forum.
IX INTELLECTUAL PROPERTY RIGHTS CLAUSE
- The Service Provider informs you that all video lectures, online master classes and online webinars of the Online Forum are subject to the intellectual property rights of the copyright holders.
- The Service Provider does not transfer any intellectual property rights to the Online Forum materials nor does it authorise their use for purposes other than those defined in this Public Agreement.
- Any deliberate or negligent act or omission on the part of the Customer, resulting in the disclosure, leakage or loss of copyrighted material or audiovisual works or parts thereof to the public or unauthorised private access by third parties, constitutes an infringement of intellectual property rights.
- In particular, an infringement of copyright shall be deemed to be the Customer’s act of providing access to the Online Forum for a fee or free of charge to third parties, the unauthorised copying of any content or parts of the Online Forum, the act of obtaining unauthorised access to the Online Forum or parts thereof by software methods.
- The content of the Online Forum may not be copied, modified, used in whole or in part, publicly reproduced, or distributed in any way whatsoever. The Customer is not entitled to record the broadcasts of the Online Forum or to record the contents of the lectures, master classes or webinars of the Online Forum on a tangible medium.
- The Service Provider shall be entitled to sanction the Customer in accordance with this Public Offering if it finds that the Customer has committed an infringement as set out in this Public Offer.
- In the event that the Customer has infringed the intellectual property rights or copyrights of the speakers of the Online Forum, the Service Provider shall be entitled to:
- block the Customer’s access to the broadcast of the Online Forum where there is credible evidence of any copyright infringement by the Customer;
- demand that the Customer immediately cease the infringement of rights;
- apply to the competent public authorities for redress.
- The imposition of sanctions on the Participant is the right of the Service Provider and sanctions may be imposed in whole or in part on the Customer at the Service Provider’s sole discretion.
- The Participant may object in whole or in part to the sanctions imposed on them by giving the Service Provider written or electronic notice of such objection.
XI PERSONAL DATA AND PRIVACY
- The Participant, by accepting this Offer, gives their full consent to the collection and processing of their personal data for such purpose:
- to identify the Participant;
- for direct provision of Information Services;
- to target advertisements;
- to receive e-mails (newsletters, promotions or special offers);
- to store information in the CRM system (customer database).
- The Service Provider may grant access to the Customer’s personal data when contractors are engaged to provide services and arrange promotional campaigns. Contractors can access some of the Customer’s personal data.
- The Service Provider warrants that it will take all appropriate and reasonable steps to prevent unauthorised access to personal information and data collected from the Customer.
- The personal data of the Participants shall be processed for the purpose of providing information services, marketing relations, advertising relations, tax relations and accounting relations.
- Personal data may be handled as follows: collection, accumulation, storage, adaptation, modification, renewal, use and distribution (dissemination, sale, transfer), depersonalisation and destruction of personal data.
- The Customer’s personal data may be processed and stored as long as the Service Provider engages in business activities, after which the personal data will be destroyed due to the expiry of the retention period.
- The Customer may withdraw their consent to the processing of their personal data by sending a Request to the Service Provider’s e-mail address with the Customer’s personal data (for the purpose of identifying the sender of the Request), but the Customer will thereby lose the right to receive information services.
- The data and information that the Service Provider is entitled to collect and process concerning persons using the Website:
- the information the user provides: first name, patronymic, last name, e-mail address, phone number, social media addresses, sex, etc.;
- information on the user’s payments;
- the data automatically generated as a result of using the Website: date and time of the visit, pages viewed, links clicked, search queries, cookies, etc.;
- the technology that the user uses to access the Website: Internet service provider, IP address, characteristics and settings of the electronic devices and software used to access the Website.
- the data essential for the functioning of advertising targeting services.
XII DISCLAIMER OF SERVICE PROVIDER’S LIABILITY
- The Service Provider does not guarantee that the Customer’s participation in the Online Forum will result in the Customer receiving the declared results, because the presence or absence of the declared results is not entirely dependent on the Service Provider.
- Dissenting with the opinions or positions of the speakers, authors, lecturers of the Online Forum does not constitute grounds for the Participant to withdraw from this Public Offer unilaterally. An adverse subjective assessment by a Participant does not constitute grounds to consider the services provided to be of poor quality or incomplete.
- The Service Provider shall not be liable for any breach of the terms and conditions of the information service or failure to provide the service if such breach is due to force majeure.
- The Service Provider shall not be held liable for improper provision of information services, if such improper provision of services was caused by inaccuracy, insufficiency or untimeliness of the information provided by the Customer, as well as due to the Customer’s otherwise breaching the terms and conditions of this Public Agreement.
- If a Participant misses the Online Forum, the Participant is not entitled to request a replay of the Forum or the provision of information that was provided by the speakers, authors and lecturers during the Online Forum.
- The Service Provider is not an educational institution nor does it engage in any educational (pedagogical) activities.
- The Service Provider is not liable for short-term interruptions in the operation of the Online Forum broadcast caused by technical faults or repairs.
- The Service Provider shall not be liable for the Customer’s inability to participate in the Online Forum for reasons beyond the control of the Service Provider.
- The Service Provider shall not be liable for a forced change of the date of the Online Forum in the event that the decision to change the date of the Online Forum rests with good reason and is justified.
- The Service Provider’s total financial liability is limited to the amount the Customer has paid as a service fee under this Public Offer.
XIII FINAL PROVISIONS
- The Customer warrants that it has all the rights and powers it needs to enter into and perform the Agreement, and that it has provided truthful information when ordering the services.
- All the communication methods the Customer has designated are appropriate and permissible for the exchange of information aimed at the performance of this Public Offer Agreement.
- In the event of any disputes, the Parties shall take out-of-court settlement measures by holding joint consultations, sending pre-trial demands, claims and responding to them within ten (10) business days of receipt of such demands or claims.
- Any dispute that fails to be resolved through negotiation shall be resolved as required by the laws of Ukraine.
- Ukrainian laws and regulations shall govern this Agreement.
- The Customer acknowledges that it has understood all the terms and conditions of this Public Agreement and accepts them unconditionally and in their entirety.
SERVICE PROVIDER’S BANKING DETAILS
INDIVIDUAL ENTREPRENEUR MYKHAILO OLEKSIIOVYCH BILOHURA
Taxpayer registration card number: 3233513895
Address: 46 Tsentralna Street, Baklanova Muraviika Village, Kulykivka District, Chernihiv Region, Ukraine, 16312
Date of entry in the Unified State Register of Legal Entities: 30.07.2021 Entry Number: 20103500000000022936
Banking information: UA023052990000026006046808478 with PrivatBank Commercial Bank JSC, MFO (sort code) 305299
Service Provider’s email address: firstname.lastname@example.org
The version of this Public Agreement (Public Offer) is effective dated 2 August 2021.