Public offer
CONTRACT
Sale of tickets for cultural and entertainment events
(Public offer of "ГУДТІКЕТ" LLC)
CONTENTS
- 1. DEFINITION
- 2. GENERAL PROVISIONS
- 3. SUBJECT OF THE OFFER
- 4. ACCEPT RULES
- 5. PAYMENT PROCEDURE
- 6. REFUNDS
- 7. RIGHTS AND OBLIGATIONS OF THE PARTIES
- 8. RESPONSIBILITY
- 9. SPECIAL PROVISIONS FOR ELECTRONIC TICKETS
- 10. SETTLEMENT OF DISPUTES
- 11. PRIVACY POLICY, PERSONAL DATA PROTECTION, INTELLECTUAL PROPERTY RIGHTS, OTHER TERMS
- 12. SECURITY POLICY OF BUYERS' PAYMENT CARD DETAILS
- 13. OFFER VALIDITY TERM, OTHER CONDITIONS
- 14. AGENT'S BANK ADDRESS AND PAYMENT DETAILS
1. DEFINITION
1. In this document, the following terms are used equally in the singular and plural (unless otherwise stated in the term and / or definition) in the following meanings:
1.1. Agent - LLC "ГУДТІКЕТ", on the basis of a license agreement, is a user of the online platform Kontramarka.ua for the purpose of carrying out activities in the field of e-commerce and traditional (not via the Internet) sale/sale of tickets for various events for buyers under the Kontramarka brand and authorized to act on the basis of agreements with the Principal of registration and sale of Tickets to Events.
1.2. Cancellation - removal of Tickets from the Order with their automatic transfer for free sale in the System. Orders not paid for during the Booking Period are canceled automatically at the end of the Booking Period (unless otherwise provided on the website).
1.3. Ticket - a document generated using the Automated Agent System on the form of LLC "ГУДТІКЕТ", certifying the right of the Buyer to visit (passage, viewing, listening) Of the Event and contains information on the name, date, time, venue, the place allocated to the Buyer in the Event (sector, series, etc.), the cost of the event, as well as additional legal or technical information.
1.4. Electronic Ticket - a document generated using the Automated Agent System on paper or electronic media, certifying the right of the Buyer to visit (pass, view, listen) the Event containing a barcode, order number, information on the name, date, venue of the Event, the place allocated to the Buyer in the Event (sector, row, etc.), the cost of visiting the Event as well as additional legal or technical information. The availability of the Electronic Ticket Formation Service is regulated by the Event Organizer and / or the Agent and depends on the possibility of using an automated access control system based on bar code reading and / or the possibility of obtaining the Ticket directly at the point of sale at the Event venue, according to the terms of this Offer.
1.5. Reservation - generated Order, which is pending payment by the Buyer.
1.6. Reservation Period - the period of time from the time of ordering to payment of the Order, set by the Agent in the System for each Event separately, during which Tickets included in Orders not available for use by persons other than the Buyer of this Order during the entire Booking Period.
1.7. Order - one or more Tickets for one Event, selected by the Buyer from the System and combined in the System with a single identification number.
1.8. Event - cultural and entertainment event, including theatrical performance, circus performance, concert, exhibition, film screening, festival, show, fashion show, sports competition, excursion, as well as any other event, which can be attended only after presenting a special document - Ticket and / or Electronic Ticket.
1.9. Event Organizer - a legal entity individual entrepreneur who has the right to organize and conduct the Event on the basis of relevant agreements.
1.10. Offer - this contract for the sale of tickets for cultural and entertainment events (Public offer of LLC "ГУДТІКЕТ").
1.11. Buyer - is a natural or legal person who uses the services of the Agent for booking and issuing Tickets in compliance with this Offer.
1.12. Ticket Recipient - a natural person authorized by the Buyer to receive the Ticket purchased by the Buyer, as well as one who has the right to exchange the Electronic Ticket for a Ticket in accordance with the terms of this Offer.
1.13. The "Principal of the event - is a legal entity or individual entrepreneur who instructs the Agent to undertake to sell Tickets to Buyers.
1.14. System — an automated information system of ГУДТІКЕТ LLC — a software package designed for booking, sale of Tickets, consisting of an in-house system for automating business processes, which meets the requirements for protection against unauthorized access, identification, fixation and storage of all transactions with the Ticket (including the Electronic Ticket), as well as provides when filling out the Ticket form (including the Electronic Ticket) and issuing a ticket (including Electronic ticket) safety of unique series and number of the ticket (including the Electronic ticket).
1.15. Subagent - a legal entity, individual entrepreneur or individual who sells Tickets to Buyers on the basis of agreements concluded with the Agent for the sale of tickets for various events. The rules of this Offer for such agreements are valid, unless otherwise stated in the agreement between the Agent and the Subagent.
1.16. Point of Sale - ticket office and web-sites on the Internet for the sale of Tickets for both the Agent and the Agent's Sub-Agents.
2. GENERAL PROVISIONS
2.1. This Offer regulates the terms and conditions of sale of Tickets, as well as the rights and obligations arising in this regard from the Agent and the Buyer.
2.2. Sale of Tickets to the Buyer, including Electronic Tickets, is carried out exclusively on the terms of this Offer and only in case of full and unconditional acceptance of the terms of this Offer by the Buyer (acceptance of the Offer). Partial acceptance, as well as acceptance on other terms is not allowed.
2.3. If the Buyer does not accept in full the terms of this Offer, the sale of Tickets, including Electronic Tickets, is not carried out. Tickets purchased by the Buyer may not be returned, including in the event of the Buyer's refusal based on the Buyer's disagreement with the terms of this Offer after acceptance of its terms and payment of the Ticket. Refunds for Tickets purchased by the Buyer are possible only in the manner and under the conditions established by this Offer.
2.4. When purchasing Tickets from the Agent by a legal entity, payment of Tickets is made by the legal entity only by transferring funds to the current account of the Agent on the basis of the invoice issued by the Agent.
2.5. The Agent has the right to make changes to this Offer, but in any case such changes are published in a timely manner and are publicly available on the Internet and at points of sale. The Buyer's use of the Agent's services after making changes to the text of the Offer means acceptance of the Offer subject to the changes made.
2.6. The terms of this Offer are valid both for Buyers who make payments at points of sale, and do not depend on the form of payment.
2.7. The Agent has the right to terminate the Offer at any time without prior notice to the Buyer in case of violation of the latest terms of this Offer and other rules.
2.8. This Offer is effective from the date of its placement on the Agent's website and is valid indefinitely.
3. SUBJECT OF THE OFFER
3.1. The subject of this Offer is to provide the Buyer with services for booking, registration, sale and delivery, in particular, if the provision of such services is not prevented by the establishment of restrictions adopted by state authorities to prevent an emergency irresistible force (force majeure) at the venue of the Event). Tickets for Events in in the manner and under the conditions provided by this Offer (hereinafter - the Services).
3.2. The Agent is not responsible for the actions of the Principal and / or the Organizer of the event and / or third parties for the sale of Tickets acting on his own behalf and / or on behalf of the Principal or The organizer of the event, as well as for the organization and fact of the event.
3.3. In accordance with the the Law of Ukraine "On the Protection of Personal Data" No. 2297-VI dated 01.06.2010, the Buyer acknowledges and agrees to provide the Agent and / or Subagent with its personal data, as well as personal data of third parties specified by the Buyer, received by the Agent in the process of issuing the Ticket (Order), namely: surname, name, gender, contact phone number, city, delivery address (if provided) Ticket personal data processing) and the e-mail address. The processing of the Buyer's personal data is carried out in accordance with the legislation of Ukraine. The Buyer gives to the Agent the right to process his personal data in connection with providing the Buyer with the Services stipulated by this Offer, including for the Buyer to receive advertising notifications about the event, tickets for which are sold by the Agent. Due to the fact that the processing of personal data of the Buyer is carried out in connection with under the agreement concluded on the terms of this Offer, the Buyer's consent to the processing of his personal data is not required. The term of use of the provided personal data is indefinite. The Buyer guarantees and is responsible for the fact that the data specified in the Order are voluntarily provided by them and third parties when issuing the Ticket, and all these persons are familiar with and agree with the Offer.
4. ACCEPT RULES
4.1. This offer is considered the main document in the official relationship between the Buyer and the Ticket Sales Agent. Acceptance by the Buyer of this Offer is carried out by successive performance by the Buyer of the actions specified in clause 4.3 of this Offer (acceptance of the Offer). Acceptance by the Buyer of this Offer is carried out voluntarily and equivalent to the conclusion of a written agreement (in accordance with the Article 642, paragraph 2 of the Civil Code of Ukraine).
4.2. Before accepting the Offer, the Buyer must be sure that he understands all the terms of this Offer and he accepts them unconditionally and in full.
4.3. Acceptance of this Offer by the Buyer is carried out by successive actions:
• access to the Point of Sale and / or access to the Agent's and / or Subagent's website and / or call to the Agent's and / or Subagent's Contact Center;
• selection of a specific Event and category Ticket / s from those available at the time of the Buyer's application;
• read the terms of this Offer;
• acquaintance with age restrictions of specific Events, as well as providing contact phone number, e-mail address, name and surname of the Recipient of the Electronic Ticket, and subject to delivery of Ticket / s - addresses and delivery times.
4.4. After performing all the actions specified in paragraph 4.3 of this Offer, the Buyer, depending on the chosen method of purchasing a Ticket: Ticket or Electronic Ticket, pays for the Order in accordance with the method of purchase chosen by the Buyer and the method of payment corresponding to that method of purchase within the terms stipulated by the payment rules for a specific Event.
4.5. After payment of the Order, the Buyer either receives the Ticket independently at the Points of Sale or by arranging its delivery (for a fee), or prints the Electronic Ticket himself, or records the Electronic ticket to the memory of the technical device owned by the Buyer.
4.5.1. In case of ordering a Ticket by using the Internet site or the Contact Center of an Agent and/or Subagent, the Buyer is notified (or an SMS message is sent to the contact phone number and / or e-mail address) the identification number of the Order, which the Buyer is obliged to inform (sometimes together with his name and surname, if any) upon receipt of the ticket at the Point of Sale or upon receipt of the Ticket upon delivery. When applying to the Point of Sale, the Ticket is received on the spot or delivered to the address specified by the Buyer. The cost of delivery, the procedure for its implementation, as well as other relevant information related to the delivery of Tickets, integral part of this Offer.
4.5.2. Subject to the provisions of clause 4.5 of this Offer, the Buyer may obtain an Electronic Ticket by sending it by the Agent to the e-mail address specified by the Buyer. The Electronic Ticket is sent only if the Buyer fulfills the obligation to pay in full the cost of the Electronic Ticket.
5. PAYMENT PROCEDURE
5.1. The Buyer has the right to pay for the Tickets in any of the ways offered by the Agent, information about which is on the website of the Agent and / or Subagent, at the Points of Sale and / or reported to the Agent Contact Center.
5.2. Payment is recognized as made by the Buyer at the time of confirmation of a successful transaction by the bank or payment system or at the time of receipt of funds at the checkout.
5.3. In case of payment of the Order by bank card on the web-site of the Agent and / or Subagent and Points of sale of the Agent and / or Subagent the Buyer is obliged to use the bank card issued on name of the Buyer. At the same time, the cashier at the Ticket Office has the right to require the Buyer to provide the original documents proving the identity of the Buyer.
5.4. An electronic ticket can be obtained by the Buyer only if the Buyer forms the Order himself directly on the Agent's or Subagent's website and pays for the order only by bank card or other non-cash method, information on which is available on the Agent's website.
5.5. After payment of the Order according to item 5.2 of this Offer, the Order is considered sold and the Buyer has the right to visit the Event.
5.6. In case of non-payment or partial payment of the order during the Booking Period, the Order is considered unsold and canceled.
5.7. If the price of tickets for events that will take place outside of Ukraine is denominated in a foreign currency and the Payment is initiated by the Payer from his card account in a foreign currency, the amount of such Payment is automatically calculated in the national currency of the Ukrainian hryvnia, which is equivalent to the corresponding value in a foreign currency at the exchange rate, which is used by the acquiring banks at the time the Payer initiates such a Transfer.
6. REFUNDS
6.1. In accordance with the Law of Ukraine "On the Protection of Consumer Rights" dated May 12, 1991, No. 1023-ХІІ (as amended) and the Instructions for Ticket Management in Theater and Performance Enterprises and Cultural and Educational Institutions, approved by the Order of the Ministry of Justice of Ukraine dated July 7, 1999, No. 452, refund of tickets for events is made by the Principal and / or Organizer only in cases of cancellation (cancellation) of the event. The Principal and / or the Organizer returns to the Buyer only the Nominal ticket price, and the cost of Additional Services is not made by the Principal, just as the Cost of Ticket Delivery is not refundable if the Delivery Service was additionally ordered by the Buyer. The Agent is not responsible for the timeliness and completeness of the Principal's refund to Buyers.
6.2. If the Principal and / or the Event Organizer has authorized the Agent to refund the Buyers who purchased the Ticket for the canceled event, the Buyer undertakes to fill in the form on the main page of the Agent's website in the section Ticket return and consent to the processing of the Buyer's personal data.
6.3. Procedure for refund to the Buyer in accordance with paragraph 6.1. of this Offer:
6.3.1. Refunds to the Buyer in the case of payment of the Order (Tickets) in cash shall be made after the Buyer has provided complete information to the email address [email protected]. Complete information consists of: a photo and/or scanned copy of the ticket(s), the registration number of the taxpayer's account card according to the State Register of Individuals - Taxpayers (TIN) of the person, the bank details of the requesting recipient, as well as a copy of the document that confirms identity.
6.3.2. Refund to the Buyer in case of payment of the Order (Tickets) by non-cash method (bank card) occurs after the Buyer send mail request to [email protected] by adding a photo and / or scanned copy ticket (tickets). Cash is credited automatically to the bank card used to pay for the Tickets.
6.4. Refunds in accordance with the terms of this Offer for Tickets purchased by the Buyer are made only for Tickets purchased at the Point of Sale or on the Agent's website, if the place of return is specified in the official letter of the Principal and / or the Organizer of the Event in accordance with paragraph 6.1. of this Offer.
6.5. Refunds are made within 10 (ten) business days of the Buyer's request.
6.6. Only the Buyer, whose data are specified in the Order, can apply for a refund, the money is returned to the Buyer only if the Buyer actually returns the purchased ticket.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The buyer has the right to:
7.1.1. Independently provide information from open sources on the price of Tickets to Events and services of other official ticket operators when deciding to purchase Tickets from the Agent.
7.1.2. Obtain information on Ticket sales rules, available Ticket categories and other information on Events held by the Agent within its remit, using the networkInternet, calls to the Agent Contact Center and in other ways specified on the Agent's website. In this case, the Agent has the right to refuse the Buyer to book and / or sell Tickets without explanation.
7.1.3. Choose the method of payment for the Ticket from those offered by the Agent on the Agent's website and / or points of sale. In this case, the Buyer is obliged to read the rules of use of one or another method of payment.
7.1.4. Send feedback on the Agent's work to the contacts listed on the site.
7.1.5. Optional to purchase a Ticket or Electronic Ticket to the Event, if the possibility of purchasing an Electronic Ticket to such an Event is permitted by the Principal and / or Organizer of the Event and specified by the Agent on the Site Agent.
7.1.6. The Buyer has the right to refuse to purchase a Ticket from the Agent until the payment of the Order is made in accordance with the conditions provided for in this Offer. Such waiver will result in the termination of all Agent's obligations to the Buyer.
7.2. Buyer must:
7.2.1. Read in detail all the rules of purchase of Tickets and the terms of this Offer and accept them when purchasing a Ticket, as well as all additional rules governing relations between the Parties in accordance with of this Offer.
7.2.2. When ordering, you must provide correct, accurate and complete information about yourself. The Buyer acknowledges that he is fully responsible for the information provided to the Agent. The Buyer acknowledges that it has no claims against the Agent for the Order incorrectly executed by the Buyer using the Agent's website, as he himself was not convinced of its correctness during the execution.
7.2.3. Pay in full the cost of the completed Order before placing the next Order.
7.2.4. In case of purchasing a Ticket via the Agent's website, subject to payment by non-cash transfer of money for the Order without registration of delivery services, please contact the Agent's Points of Sale no later than the date of the Event to receive the Ticket. At the time of requesting the receipt of the Ticket, inform the identification number of the Order, as well as present an identity document of the Buyer or the Recipient of the Ticket. Presentation of the document is necessary to exclude possible fraudulent transactions. If the Buyer or the Recipient of the Ticket has not exchanged the Electronic Ticket for the Ticket in a timely manner for reasons beyond the control of the Agent, the Agent shall be deemed to have duly fulfilled its obligations under this Offer. The Buyer is not entitled to make a claim to the Agent in case of non-receipt of the Ticket before the date of the Event for reasons beyond the control of the Agent.
7.3. The agent has the right to:
7.3.1. Require the Buyer to comply with the entire procedure of registration / payment of the Order according to the rules set forth in this Offer.
7.3.2. If the Buyer refuses to accept this Offer under the conditions set out therein, refuse the Buyer to sell him a Ticket and provide Services.
7.3.3. Cancel the Buyer's Reservation and / or Order if the Buyer has more than 2 (two) unpaid Reservations and / or Orders within 1 (one) calendar month.
7.3.4. At any time, modify any software of the Agent System, including the Internet site, suspend the software that ensures the functioning of the site, when detection of significant malfunctions, errors and failures, as well as for preventive work and prevention of unauthorized access to the site.
7.3.5. Set and change tariffs for your Services unilaterally and at any time.
7.3.6. Include in the cost of the Order. Ticket delivery costs are paid separately.
7.3.7. Require the Buyer to pay in full for the Ticket or Electronic Ticket before selling the Ticket.
7.3.8. Cancel a completed Order if it is not paid for during the Booking Period. Canceled Order cannot be renewed for re-payment, except by creating a new Order by the Buyer.
7.3.9. If the Buyer fails to comply with any of the items of the Offer, refuse to provide him with further services.
7.4. Agent required:
7.4.1. To Provide to Buyer:
• necessary information about specific activities;
• necessary information about the dates, place and time of refund for purchased Tickets in case of cancellation of the Event. The basis for providing such information is the official letter of the Principal and / or the Organizer of the event;
• instructions for registration / payment / receipt of the Ticket. Exhaustive information is also information that the Agent publishes on the site and provides to the Point of sale and cash desks of the Agent.
7.4.2. Do not use the Buyer's personal data for unauthorized distribution of materials not related to the Order.
8. RESPONSIBILITY
8.1. In case of non-fulfillment or improper fulfillment of its obligations under this Offer, the Parties shall be liable in accordance with the legislation of Ukraine and the terms of this Offer.
8.2. The Agent's liability to the Buyer is limited to the organization and interaction between the Principal (and / or the Organizer) and the Buyer for the purpose of selling Tickets.
8.3. The Agent shall not be liable to the Buyer for the refund of the Tickets purchased by the Buyer upon cancellation of the entertainment event, as well as upon the Buyer's refusal to attend the entertainment event prior to its commencement. The responsibility for the return of funds to the Buyer in case of cancellation of the entertainment event, as well as in the refusal of the Buyer to attend the event before its beginning is the Organizer of the entertainment event.
8.4. The Agent is not responsible for non-compliance of the services provided by the Principal with the Buyer's expectations and/or his subjective assessment:
- non-compliance of the Event with the Buyer's expectations,
- for the cast of artists/actors participating in the Event,
- for improper fulfillment by the Organizer/Principal of the event of its obligations to provide reliable and timely information about the spectacular Event,
- for proper and timely public showing of the event,
- for the results of intellectual activity and / or means of individualization, informational and / or advertising materials (photographs, drawings, etc. (works), other objects of copyright, related, and / or patent rights), transferred to the Agent by the Organizer of the event with for the purpose of announcing a spectacular event by the Agent and selling tickets for such Events that may violate the copyright and/or related and/or intellectual rights of third parties.
Advice and recommendations given to the Buyer cannot be considered as guarantees.
From the moment of purchase of the Ticket by the Buyer, all rights and obligations regarding the tickets arise directly between the Organizer of the Event and the Buyer.
8.5. The buyer assumes all possible commercial risks associated with his actions to make errors and inaccuracies in his personal data.
8.6. The Agent is not responsible for any losses and moral damage incurred by the Buyer as a result of his misunderstanding or misunderstanding of the information on the procedure for registration/payment of the Order, as well as receipt and use of the Services.
8.7. The Parties are exempt from liability for full or partial failure to perform their obligations under this Offer if such failure is the result of force majeure circumstances (force majeure), i.e. extraordinary and unavoidable circumstances that arose against the will and desire of the Parties and which they could not prevent, avoid or foresee. Force majeure circumstances include, in particular: natural phenomena (earthquakes, floods, fires, etc.), circumstances of public life (military actions, states of emergency, explosions, strikes, riots and protests, epidemics, including restrictions related to COVID-19 and/or other viruses), actions and decisions of state authorities, including decisions on countering the COVID-19 virus and/or other viruses, prohibitive measures of state bodies (prohibition of transportation, currency restrictions, international sanctions, trade prohibitions, etc.), failures in telecommunications and power networks. During this period, the Parties have no mutual claims, and each of the Parties assumes its own risk of the consequences of force majeure.
8.8. The Agent is not responsible for the performance and/or security of the communication channels used by the Buyer to access the Agent's website, as well as for the preservation of information, including the Electronic Ticket, received by the Buyer in accordance with the terms of this Offer.
8.9. All claims or lawsuits related to this Offer must be submitted in writing within 10 (ten) calendar days from the date of their occurrence. After the expiration of the specified period, claims will not be considered by the Agent.
9. SPECIAL PROVISIONS FOR ELECTRONIC TICKETS
9.1. When purchasing an Electronic Ticket, the Buyer in any case undertakes to provide his valid e-mail address, phone number, as well as indicate his name and surname of the Ticket Recipient (in some cases, passport details, if required by the laws of Ukraine and/or the Principal and/or the Organizer). In case of failure to provide such information (valid e-mail address, phone number, name and surname of the Buyer and Ticket Recipient, passport details), as well as in case of providing false or invalid information, the Agent has the right to refuse the Buyer to purchase an Electronic Ticket.
9.2. The Buyer accepts and agrees that he is fully responsible for providing an incorrect or invalid email address.
9.3. The Electronic Ticket is sent to the Buyer to his email address only if the Buyer complies with the terms of this Offer regarding the payment of the Electronic Ticket.
9.4. The Buyer is obliged to independently and at his own expense to print the Electronic Ticket. When printing the Electronic Ticket, the Buyer must ensure the proper quality of printing the Electronic Ticket. In case of failure or improper performance of the obligation established by this paragraph, the Buyer is fully responsible for such actions (inaction). The Agent is not responsible for any losses incurred by the Buyer in case of violation of the terms of this paragraph, since the Agent is not a party to the contract for the provision of services related to the holding of the Event.
9.5. The Buyer is solely responsible for the storage and protection of the Electronic Ticket from copying. In case of copying the Electronic Ticket, access to the Event will be granted on the basis of the ticket that was presented first.
9.6. The owner of the electronic ticket, whose personal data are recorded in the Electronic ticket (Buyer or Ticket Recipient), by agreement with the Agent, has the right to apply to the Agent's point of sale before the start of the Event to receive a Ticket (instead of an Electronic Ticket) on the basis of an identity document. In case of exchange by the Buyer/Ticket Recipient of the Electronic Ticket for a Ticket before the date or on the day of the Event, the Buyer/Ticket Recipient loses the right to access the Event using the Electronic Ticket. In this case, access to the Event will be granted only by the Ticket.
10. SETTLEMENT OF DISPUTES
10.1. Disputes arising during the execution of the contract under the terms of this Offer are resolved with mandatory compliance with the claim procedure. The claim is submitted to the Agent in writing with the attached documents substantiating the proposed requirements, within no more than 10 (ten) calendar days from the date of the dispute. The received claim is considered by the Agent within no more than 10 (ten) calendar days.
10.2. In case of impossibility to reach an agreement, the disputes that have arisen are subject to consideration in the manner prescribed by the current legislation of Ukraine.
10.3. On all other issues not provided for by this Offer, the Parties are guided by the current legislation of Ukraine.
11. PRIVACY POLICY, PERSONAL DATA PROTECTION, INTELLECTUAL PROPERTY RIGHTS, OTHER TERMS
11.1. The System, which is intended to facilitate the provision of services for booking, registration, sale and delivery of Tickets (Electronic Tickets), Certificates for tickets, which belong to the Agent - LLC "ГУДТІКЕТ". All intellectual property objects contained on the Site, in the System, except in cases where it is separately indicated, belong to the Agent.
11.2. The privacy policies within this Offer are a set of legal, administrative, organizational, technical and other measures taken by the Agent to ensure the confidentiality and protection of personal data of individuals - consumers who are users of the Site and/or Buyers, except in cases where such information is personally and knowingly disclosed by the consumer - user of the Site and/or Buyers.
11.3. The purpose of implementing the Privacy Policy and Personal Data Protection is to prevent public access and disclosure of information owned by the Site user and/or Buyer. The Agent takes all possible measures to ensure the implementation of the measures provided for in this section.
11.4. For the purpose of implementing the functions and tasks of the Site and other purposes related to civil-law relations between the Agent and the Buyer, the Site user and/or Buyer, using this Site and the services for which the Site and the System are created, agreeing with this Offer, provides the Agent with his personal data, as well as his consent to their processing. The purpose of processing personal data is to fulfill the terms of this Offer.
11.5. The list of personal data for which the Buyer gives his consent to processing:
surname, name, patronymic;
date of birth;
passport data;
email;
phone number;
individual tax number.
11.6. The list of actions with personal data for which the Buyer gives consent: collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer), anonymization, blocking, destruction of personal data. These actions can be performed in the following ways: in documentary, electronic, oral forms. The Agent may use third parties to carry out marketing, other communication activities with the Site user/Customer.
11.7. For the purpose of implementing state policy in the field of personal data protection and in accordance with the Law of Ukraine "On the Protection of Personal Data" No. 2297-VI dated 01.06.2010, the Parties have the right to transfer the received personal data, both as part of the database and separately, to third parties only for the purpose of fulfilling the terms of this Offer and/or from the day of receipt of a request from a third party (controlling bodies), and the other Party, in this case, will not claim and have the right to any remuneration or other compensation. The specified consent, provided by the Party in accordance with the requirements of Articles 7, 8 and 11 of the Law of Ukraine "On the Protection of Personal Data" No. 2297-VI dated 01.06.2010, is valid indefinitely and without territorial restrictions.
11.8. The Agent is exempt from the obligation to comply with the Privacy Policy regarding the Site user's/Buyer's Personal Data in case he himself publicly discloses personal data.
11.9. The Agent has the right to disseminate the Site user's/Buyer's personal data if the information obtained from the personal data is of public necessity, i.e. is of public interest, and the public's right to know such information outweighs the potential harm from its dissemination.
11.10. The Agent has the right to disseminate the Site user's/Buyer's personal data with the user's/Buyer's written consent.
11.11. In case of illegal actions of third parties/unauthorized possession of personal data by third parties, the Agent undertakes to notify the Site users/Buyers about this by posting a notice on the website or by sending an email from the Agent's email. The Agent undertakes to take all actions as quickly as possible to eliminate the problem and preserve personal data. In case the Site user/Buyer detects the risk of illegal actions and/or receives suspicious letters and/or messages, the Site user/Buyer must notify the Agent by sending a letter to the email [email protected], thus protecting other Site users/Buyers from possible data loss.
11.12. Personal data, the collection, accumulation, processing, storage and use of which the Site user/Buyer grants access to the Agent, are stored indefinitely, unless otherwise established by the legislation of Ukraine or his will.
11.13. Personal data, the collection, accumulation, processing, storage and use of which the Site user/Buyer has granted access to the Agent, are subject to deletion or destruction in case of:
- termination of legal relations between the Site user/Buyer and the Agent;
- issuance of a corresponding order by the Verkhovna Rada Commissioner for Human Rights or authorized officials of the Commissioner's Secretariat;
- a court decision on the deletion or destruction of personal data entering into legal force.
11.14. To collect information about the activity of Site users / Buyers, the Website uses cookies and other technologies, such as web beacons. The purpose of collecting this information is to improve the user experience and provide more personalized services. The collected information may include data about visited pages, viewed content, used devices and browsers, etc.
The Website contains the following types of cookies:
- Mandatory (basic) cookies: necessary for the proper functioning of the site and providing key functions, such as secure access to the account and shopping cart functionality.
- Analytical/operational cookies: used to analyze and measure site usage, including the number of visitors and their movement across pages. This helps to improve site functionality and facilitate navigation.
- Functional cookies: help improve site functionality by remembering previous visits and user settings to ensure convenient use.
- Targeted cookies: used to show advertising materials that correspond to the interests of Site users. They can also limit the number of ad views and track interaction with them.
The Website may also include third-party cookies. Regarding the collection, use and choice related to these third-party cookies, the Site user / Buyer can find information on the respective third-party sites.
11.15. Cookie management by Site users is possible through activating the corresponding options in the web browser settings. Refusal of cookies may limit access to certain site functions and affect the user experience. The cookie usage policy may be periodically changed depending on the development of services and the requirements of regulatory authorities, as indicated in the relevant section of the privacy policy.
11.16. Any questions regarding personal data and confidentiality, as well as regarding legal relations between the Site user/Buyer and the Agent, can be sent to [email protected].
12. SECURITY POLICY OF BUYERS' PAYMENT CARD DETAILS
12.1. When paying for services on the Site by bank card, payment processing (including entering the payment card number, its validity period, CVV2/CVC2) takes place on a secure page of the processing system. Payment card data is transmitted to payment service providers only in encrypted form and is not stored on the Site and/or in the System.
12.2. Processing of confidential data (card details, registration and other data) of the Buyer is protected; no third party can obtain the personal and bank details of the Buyer through the Agent's service (Site, System).
12.3. When working with card data, the information security standard developed by international payment systems Visa and MasterCard – Payment Card Industry Data Security Standard (PCI DSS) is applied, which ensures secure processing of the bank card owner's details - the Buyer. The applied data transmission technology guarantees the security of bank card transactions using Secure Sockets Layer (SSL) protocols and other methods.
12.4. When performing a transaction using payment card details for additional authentication of the payment card owner, the 3-D Secure protocol is used. If the Buyer's payment card issuing bank supports this technology, after entering payment details and agreeing to perform the transaction, the Buyer will be redirected to the issuing bank's server for additional identification.
12.5. The Agent's use of services of acquiring banks for accepting online payments and crediting payments to payment cards is carried out in accordance with the rules of international payment systems Visa and MasterCard and in accordance with the principles of confidentiality and security of transactions using payment card data.
12.6. The Agent uses up-to-date methods of verification, encryption and data transmission over secure communication channels.
13. OFFER VALIDITY TERM, OTHER CONDITIONS
13.1. This Offer enters into force from the date of its placement on the Agent's website and is valid indefinitely. The provisions of this paragraph apply to additions (changes) to this Offer.
13.2. The contract is considered concluded from the moment of acceptance of the Offer, by checking the box "I agree with the Public Offer" or clicking the "Proceed to payment" button, and is valid until the Parties fully fulfill their obligations under this Contract.
14. AGENT'S BANK ADDRESS AND PAYMENT DETAILS
14.1. Address: Ukraine, 01042, Kyiv, Saperne Pole St., 12, room 1014
EDRPOU code 46151236
has the status of profit tax on general grounds