1. GENERAL PROVISIONS
1.1. This Public Offer (hereinafter referred to as the Offer, the Agreement) is an official offer by the "Executor" on the website https://annamelnychuk.com, to provide Information Services to legal entities and/or individuals (hereinafter referred to as the Customer) on the following terms and conditions by providing information through public lectures, workshops, and video lectures - a special form of information transmission aimed at the Customer acquiring additional knowledge, skills, and abilities in a particular field of activity for a fee.
1.2. Acceptance (acceptance) of this Offer means the Customer's full and unconditional acceptance of all conditions without any exceptions and/or restrictions and is equivalent in accordance with Part 2 of Article 642 of the Civil Code of Ukraine (hereinafter - the Civil Code of Ukraine) to the conclusion of a two-party written agreement between the parties on the terms set forth below in this Offer.
1.3. This Public Agreement to Provide Information Services (Offer) is considered concluded (accepted) from the moment the Customer fills out the registration form on the Executor's Website and the Customer's funds are credited to the Executor's settlement account.
1.4. The Executor and the Customer provide mutual guarantees of their legal capacity and legal capacity necessary for the conclusion and performance of this Agreement to Provide Information Services.
2. DEFINITIONS AND TERMS
2.1. For the purposes of this Offer, the following terms shall have the following meanings:
Offer – This public contract for the provision of information services.
Website – The website https://annamelnychuk.com: https://annamelnychuk.com used by the Executor on a proprietary basis.
Information Services – Services of the Executor, the types and cost of which are specified on the Website, for the provision of information through public lectures and workshops - a special form of information transmission aimed at the acquisition of additional knowledge, skills, and abilities by the Customer in a particular field of activity.
Acceptance of the Offer – Full and unconditional acceptance of the Offer by taking actions to 100% prepay the Information Service.
Executor – Anna Dmitrievna Melnychuk, an individual entrepreneur.
Customer – A person who has accepted the Offer under the conditions set forth therein.
Contract for the provision of information services (hereinafter referred to as the Contract) - a contract between the Customer and the Executor for the provision of Information Services, which is concluded by means of Acceptance of this Offer.
3. SUBJECT OF THE OFFER
3.1. The subject of this Offer is the provision of Information Services to the Customer by the Executor in accordance with the terms of this Offer by providing the Customer with Information Services for a fee.
3.2. The cost of each type of Information Service is set on the Executor's Website. This contract for the provision of Information Services is considered concluded from the moment the funds are credited to the Executor's settlement account.
3.3. Payments under this contract are made in one of the ways offered to the Customer, including by clicking the "Pay" button, which include:
- payment with electronic money;
- payment using internet banking;
- payment to the Executor's settlement account through a bank;
- other ways by prior agreement with the Executor.
4. TERMS OF INFORMATION SERVICE PROVISION
4.1. The Customer orders the Information Service through the website, which contains information about the language, place, date, and time of the provision of the Information Service by the Executor, or information about obtaining internet access to watch video content.
4.2. After paying for the Information Service, the Customer receives an electronic confirmation to their email address and automatically becomes a participant in a public lecture, or receives an email with access and a password to watch a video lecture. The types and methods of payment for each type of Information Service are specified on the Website.
4.3. The Executor provides the Customer with the Information Service at the place, date, time, and in the language specified on the Website. Access to watch video content is provided after payment is received and the password email is received.
4.4. This Offer has the force of an act of service provision. Acceptance is made without signing the corresponding act.
4.5. The Executor reserves the right to cancel the Customer's participation in a public lecture without returning the payment made, if they violate the rules of conduct during the public lecture. These violations include: incitement of interethnic conflicts, insulting the participants of the lecture or the speaker, deviating from the topic of the lecture, advertising, obscene statements, etc.
4.6. The Executor reserves the right to cancel the Customer's participation in a public lecture if it is established that the Customer has disseminated information and materials obtained by them in connection with their participation in the lecture to third parties for a fee or free of charge, without the agreement of the Executor. The Customer is only allowed to use information and materials obtained as a result of receiving Information Services for personal purposes and for the Customer's personal use.
4.7. The Executor reserves the right to cancel the Customer's access to watch video content if it is established that the Customer has transferred and disseminated passwords to third parties, disseminated copyright materials obtained by them while watching a video lecture to third parties without the agreement of the Executor.
5. REGISTRATION OF THE CUSTOMER
5.1. Provision of the Information Service to the Customer is possible if they fill out the appropriate registration form on the Website. The registration form must contain the Customer's surname, name, email address, and phone number.
6. RIGHTS AND OBLIGATIONS OF THE EXECUTOR
6.1. The Executor undertakes to provide the Customer with 24/7 access to the Website using the Customer's account.
6.2. The Executor is responsible for the storage and processing of the Customer's personal data, ensures the confidentiality of this data during their processing, and uses it exclusively for the quality provision of the Information Service to the Customer.
6.3. The Executor guarantees the provision of complete and accurate information about the service provided to the Customer upon their request.
6.4. The Executor reserves the right to change the place and/or date and/or time of providing the Information Service at any time, provided that the Customer is notified no later than three calendar days from the date of such decision, by sending a message to the Customer's email address or an SMS to the number specified upon registration.
6.5. The Executor is entitled to change the duration of the Information Service and/or the terms of this Offer unilaterally without prior notification to the Customer, by publishing the said changes on the Website no later than 5 calendar days from the date of their entry (adoption).
6.6. The Executor is entitled to extend the terms of providing the Information Service, notifying the Customer of this no later than three calendar days from the date of such decision, for a period not exceeding 30 calendar days.
7. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
7.1. The Customer is obliged to provide accurate information about themselves in the process of filling out the registration form on the Website. The Customer is responsible for the accuracy of such information.
7.2. The Customer undertakes not to reproduce, repeat, copy, sell, or use in any way information and materials that have become available to them in connection with the provision of the Information Service, except for their personal use or with the consent of the Executor.
7.3. The Customer enjoys all the rights of a consumer in accordance with the current legislation of Ukraine regulating relations for the provision of paid services.
7.4. The Customer in the event of the provision of an inadequate quality service to him is entitled to use the rights provided for in Article 8 of the Law of Ukraine "On Consumer Protection", exclusively in cases where the violation of his rights occurred through the fault of the Executor and upon proof of this fact.
7.5. All claims regarding the quality of the Information service provided must be sent by the Customer to the Contractor via email to womelution@gmail.com. The period for consideration of the Customer's claim(s) by the Contractor is 30 (thirty) days (including claims containing a request for the return of funds) from the moment the claim is received by the Contractor, after which the Contractor makes one of the following decisions: 1) on disagreement with a claim and refusal to return funds, or 2) agreement with the claim and satisfaction of the request for a return of funds.
7.6. All claims from the Customer for the return of funds must be sent to the Executor no later than 7 calendar days before the start of the provision of the Information Service. This is an unconditional agreement between the parties.
7.7. If the Executor decides to return funds, the funds will be returned to the Customer by:
Depositing the funds to the Customer's account in payment systems, credit card, personal account, or other details agreed between the parties. All refunds are made subject to the Customer sending a claim form to the Executor. The claim form will be sent to the Customer by email. The parties unconditionally agree that the final decision on the method of refund is at the discretion of the Executor in each case.
7.8. The funds will be deposited to the bank account specified by the Customer within 30 calendar days of the Executor receiving the Customer's claim form. A financial document confirming the deposit of funds by the Executor to the Customer's account is evidence of the Executor's fulfillment of its obligation to return funds to the Customer. This is an unconditional agreement between the parties.
8. LIABILITY OF THE PARTIES
8.1. The Executor and the Customer, taking into account the nature of the service provided, undertake to use an out-of-court dispute resolution procedure in the event of any disputes or disagreements related to the provision of the Information Service. In the event that the dispute cannot be resolved in an out-of-court manner, the parties have the right to appeal to a Ukrainian court.
8.2. For non-performance or improper performance of obligations under this Offer, the parties are liable in accordance with the legislation of Ukraine.
9. WARRANTIES FOR THE QUALITY OF THE INFORMATION SERVICE
9.1. By accepting the terms of this Offer, the Customer also assumes the risk of not receiving profit and the risk of possible losses associated with the use of knowledge, skills, and abilities acquired by the Customer during the provision of the Information Service.
9.2. Guaranteeing the success of the application of the acquired knowledge, skills, and abilities, as well as the receipt of a certain profit (income) by the Customer of the Information Service with their use (implementation) in a certain or indefinite future, the Executor is not responsible for the non-receipt of profit (income), the receipt of profit (income) below the expectations of the Customer, as well as for the direct and indirect losses of the Customer, since the success of the use of the acquired knowledge, skills, and abilities by the Customer depends on many factors known and unknown to the Executor: the Customer's dedication, diligence, perseverance, level of intellectual development, creative abilities, other individual qualities and personal characteristics, which is accepted by both parties.
10. FORCE MAJEURE
10.1. The parties are released from liability for partial or complete non-performance of obligations under this Agreement if such non-performance was a consequence of force majeure (force majeure) circumstances that arose after the conclusion of this Agreement and made it impossible to fulfill the obligations in accordance with the terms of this Agreement. These circumstances include, but are not limited to, emergency situations of a technological, natural or environmental nature, accidents in power supply systems, destruction of these systems caused, in particular, by earthquakes, floods, hurricanes, etc., prolonged absence of electricity and the Internet for reasons beyond the control of the parties, military operations, rebellion, strike, mass riots, riots and other illegal actions, as well as the health of the Executor and/or another speaker of a public lecture, flood, fire, anti-terrorist operations, earthquake and other natural disasters, war, military operations, uncontrolled, illegal actions and acts of vandalism by third parties, revolutionary actions, public disorders, acts or actions of state authorities, the adoption of laws or regulations that directly affect the ability of the parties to fulfill the terms of this agreement, and any other extraordinary circumstances.
10.2. The term for the fulfillment of obligations under this Agreement is postponed for the period of time during which these circumstances and their consequences have acted.
10.3. If force majeure circumstances and their consequences continue to act for more than six months, the parties must, as soon as possible, hold negotiations in order to identify acceptable alternative ways of fulfilling the terms of this Agreement for both Parties and to reach appropriate written agreements.
11. OTHER PROVISIONS
11.1. The Customer warrants that he/she understands all the terms of the Offer and unconditionally and fully accepts them, without any conditions, reservations, or exceptions.
11.2. In the event that this Agreement does not regulate a particular issue, the Parties agree to be guided by the norms established by the current legislation of Ukraine.
11.3. The Executor under this Agreement is Melnychuk Anna Dmitrievna, an individual entrepreneur, and/or a person who has the right to provide such Information Services.
11.4. The Parties give each other their consent to the processing and storage of personal data that become known to them in connection with the conclusion of this Agreement, to the extent necessary in accordance with the requirements of the current legislation of Ukraine.