Terms of Service Agreement
This public contract, hereinafter referred to as the "Offer," is addressed to an indefinite circle of individuals, individual entrepreneurs, and legal entities who use the website aluree.io and other web pages logically linked to this site, as well as those who use the products and services offered on the website, with the exception of services provided under a separate written contract, under the terms set forth below:
1.1. The terms listed below and referred to in this Offer shall have the following meanings:
These terms have identical meanings when used in the singular and plural, as well as in uppercase and lowercase. Other terms used in the Offer are defined in accordance with the current legislation of Ukraine, and in the absence of a definition in the legislation, they have a commonly understood meaning or are determined by the rules of business practice.
2.1. Under the terms set forth in this Offer, and in accordance with the procedure and conditions defined by Article 641 of the Civil Code of Ukraine, a service agreement (hereinafter referred to as the "Agreement") is concluded between the Contractor and/or Provider on one side, and the Customer on the other side. Under this Agreement, the Contractor and/or Provider undertakes to provide information and consulting services involving participation in the Event selected by the Customer (hereinafter referred to as the "Services"), and the Customer undertakes to accept and pay for these services at the price and in the manner established by the Contractor and/or Provider.
2.2. The material terms of the service provision, including, but not limited to, the Event Program, its format (online format or a public event), and the date and time of the Services, are determined on the web page of the Event selected by the Customer. These terms may be modified by the Contractor without additional coordination with the Customer, subject to the requirements of this Offer.
2.3. The Contractor and/or Provider may provide additional, related, and other services (hereinafter referred to as the "Services"), including the sale of information products and/or services that provide paid access to materials required for the provision of the Services (textual, graphical, audiovisual, etc.). Detailed information about such Products and/or Services and the procedure for their provision is determined on the web page of the respective Event.
3.1. Before concluding the Agreement, the Customer must familiarize themselves with the Offer and, in the event of disagreement with its terms, refrain from taking any actions aimed at concluding and executing the Agreement. The performance of actions by the Customer aimed at the Acceptance of this Offer is defined by the Parties as, among other things, confirmation that the Customer has fully familiarized themselves with and accepted the requirements and terms of this Offer.
3.2.1. The Customer's registration for the Event on the Event Web Page by providing the following information: name, phone number, and email address (e-mail), shall be deemed as preliminary consent to the Offer.
3.2.2. When ordering Services that involve paid access to content, placing an order on the product web page by clicking the "Join Now" button and providing the following information: name, phone number, and email address (e-mail), shall be deemed as preliminary consent to the Offer.
3.2.3. Providing personal information for invoicing or generating a personalized payment link shall be deemed as preliminary consent to the Offer. Personal information includes: first and last name, company name, and USREOU (EDRPOU) / TIN (IPN) code.
3.3. Acceptance of the Offer is carried out by the Customer making a payment for the selected Services.
3.4. Guided by Article 207, Part 2 of Article 639, and Articles 641 and 642 of the Civil Code of Ukraine, the Contractor and/or Provider and the Customer agree that from the moment of Acceptance under the conditions of this Offer, the Agreement is considered concluded in writing, without signing a physical copy, and has legal force for the Parties. By accepting this Offer, the Customer unconditionally certifies that they are familiar with this proposal to conclude a contract and directly with the provisions and terms of such Agreement specified in this Offer.
4.1. The Contractor / Provider undertakes to:
4.2. The Contractor / Provider has the right to:
4.3. The Customer copy undertakes to:
4.4. The Customer has the right to:
5.1. The cost of the Services depends on the Event selected by the Customer, the number of participants, and the conditions of participation. It is specified in the invoice issued to the Customer by the Contractor or the Provider and sent via any method chosen by the Contractor and/or Provider (including, but not limited to, the email address provided by the Customer during registration, instant messaging applications, etc.).
5.2. Payment for the Services shall be made by the Customer via a non-cash wire transfer of funds to the bank account of the Contractor or Provider, as specified in the invoice issued by the Contractor or Provider.
5.3. The cost of the Services may be designated in a foreign currency. In such case, the amount due in the national currency of Ukraine shall be determined based on the commercial exchange rate of the respective currency indicated in the payment invoice issued by the Contractor / Provider.
5.4. The cost of the Services may change due to special promotions involving discounts. In such case, the Contractor or Provider has the right to issue a corresponding payment invoice reflecting such discounts.
5.5. The Customer may make payments using the following methods: via a non-cash wire transfer of funds to the current account of the Contractor specified in the payment invoice; through third parties, provided that the Contractor has consented to such payment; through an online payment service, or by any other method agreed upon with the Contractor.
5.6. The Customer shall pay the cost of the Service in the amount specified in the invoice issued by the Contractor or Provider within 3 (three) banking days from the date of the invoice, but no later than 1 (one) banking day prior to the start date of the Services, unless otherwise agreed by the Parties.
5.7. If the Customer makes a partial payment for the cost of the Services, such payment shall be deemed a preliminary partial payment. In this case, the Customer is obliged to pay the full cost of the Services prior to the start date of their provision, as indicated on the respective Event web page.
5.8. When the Customer pays the cost of the Services using an online payment service, the total cost of the Service to be paid shall be determined in accordance with the information contained on the respective web page.
5.9. Services shall be deemed paid by the Customer from the moment the Contractor receives confirmation from the banking institution that the full payment amount has been credited to the settlement account of the Contractor or Provider designated by the Contractor. In certain cases, the Contractor may, at its own discretion, consider any of the following documents and/or actions as confirmation of payment: a facsimile copy of the payment order; a facsimile copy of the bank receipt through which the payment was made; or transaction confirmation via the payment system in favor of the Contractor if the Customer paid through an online payment service.The Provider/Contractor reserves the right to verify the fact of payment by the Customer for the cost of services using other methods not prohibited by the current legislation of Ukraine.
5.10. A delay in starting the Event or rescheduling the date and/or time of the Event does not constitute grounds for a refund to the Customer of funds paid for the Services.
In accordance with legislation on the provision of digital content, funds are non-refundable once the User has gained actual access to the course materials (i.e., logged into the learning management system).
7.1. If the Customer does not provide the Contractor with a reasoned written refusal to accept the Services within 7 (seven) calendar days from the end date of the Event, such Services shall be deemed properly provided, in full scope, and fully accepted by the Customer.
7.2. Upon completion of the Event, the Contractor / Provider may provide the Customer, including at their request, with a certificate of services rendered (hereinafter referred to as the "Certificate"). If the Customer within 10 (ten) calendar days from the end date of the Event does not provide the Contractor and/or Provider with the Certificate signed on their part or a reasoned refusal to sign it, such Certificate shall be deemed agreed (signed) by the Customer, and the Services shall be deemed properly provided.
7.3. A Service that involves paid access to any Event materials or other materials deemed necessary by the Contractor for the proper provision of Services under this Offer shall be deemed properly provided and in full scope from the moment access to them is granted to the Customer. Access to such materials shall be sent to the Customer's email address specified on the order page of the Contractor's website. The Contractor shall not be held liable for the consequences of the Customer entering an incorrect email address.
8.1. The Offer shall enter into force from the moment of its publication on the Contractor's website and shall remain valid until it is revoked by the Contractor.
8.2. The Contractor reserves the right to amend the terms of the Offer and/or revoke the Offer at any time at their own discretion. In the event that the Contractor makes amendments to the Offer, such amendments shall take effect from the moment the modified text of the Offer is posted on the Contractor's website, unless a different effective date for the amendments is additionally specified upon such posting.
8.3. The Acceptance of the Offer by the Customer creates an Agreement under the terms and conditions specified in this Offer.
8.4. The Agreement shall enter into force from the moment of the Acceptance of the Offer by the Customer and shall remain valid: until the Parties fulfill their obligations under the Agreement, namely — payment by the Customer of the cost of the Services and provision of the Services by the Contractor in the scope determined by the respective service provision program established by the Contractor; or until the termination of the Agreement.
8.5. The Agreement may be terminated prematurely: by mutual consent of the Parties; unilaterally by the Contractor in the event of non-compliance by the Customer with their obligations under the Agreement (in case of violation by the Customer of the obligations defined for them by this Offer, the funds paid by the Customer shall not be refunded); or unilaterally by the Contractor in the event of final cancellation of the Event (provision of the Service) or in other cases, with a refund to the Customer of the cost of prepaid but unrendered Services.
9.1. For non-performance or improper performance of obligations under this Agreement, the Contractor, the Provider, and the Customer shall be liable in accordance with the current legislation of Ukraine.
9.2. Under no circumstances shall the Contractor and the Provider be liable for any indirect damages incurred by the Customer, including loss of profit, loss of revenue, or inability to obtain expected income, etc.
9.3. The Customer agrees to the terms of the Agreement and acknowledges that they have no right to demand from the Contractor any compensation for moral, material damage, or loss caused to the Customer both during the term of the Agreement and after its expiration. The Customer understands that the procedure for service provision, its content, scope, etc., are determined solely by the Contractor at their own discretion, with which the Customer unconditionally agrees, and recognizes that their expectations regarding the content of the Service may differ from the content established by the Contractor and/or Provider.
9.4. The Parties shall take measures to resolve all disputes and disagreements arising from the Agreement or in connection with its performance through negotiations. The period for considering a claim is set at 30 (thirty) days from the moment of its receipt by a Party.
9.5. In the event of the impossibility of resolving disputes and disagreements through negotiations, such disputes and disagreements shall be subject to consideration in the respective local court at the location of the Contractor.
9.6. The Parties shall be exempt from liability for partial or full non-performance of obligations under this Agreement if such non-performance occurred as a result of force majeure circumstances.
9.7. Force majeure is understood as extraordinary and unavoidable circumstances that arose after the conclusion of the Agreement and objectively make the performance of obligations impossible, including, but not limited to: fires, earthquakes, floods, landslides, extreme weather conditions, other natural disasters, explosions, strikes, epidemics, the introduction of quarantine or other restrictive measures by competent state authorities, war or military actions, unlawful actions of third parties, actions and regulatory legal acts of state authorities and/or competent local authorities.
9.8. In the event of copying in any manner and/or photo-fixation and/or video recording and/or transfer (distribution) to third parties of access to information that became known to the Customer during and/or as a result of receiving the Service, or any other violation of the Contractor's intellectual property rights — the Customer shall be obliged to pay to the Contractor and/or Provider a fine in the amount of 300,000.00 UAH (three hundred thousand hryvnias 00 kopecks) for each instance of violation of the Contractor's intellectual property rights.
FOP Kyrychuk Olena Oleksandrivna