The text of the Agreement set forth below is addressed to all without exception natural and/or legal persons (hereinafter - the Customer) and is an official public offer (in accordance with Article 641 of the Civil Code of Ukraine) of the business entity individual entrepreneur Masliy Nataliya Valeriyivna, who operates on the basis of an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Associations No. 2 074 000 0000 026914 dated November 27, 2015, Tax ID 3363913887, IBAN UA813220010000026008300070481 (hereinafter referred to as the Performer), to conclude this public offer agreement (hereinafter referred to as the Agreement) under the conditions set forth below.
The terms of this Agreement regulate the relationship between the Performer and the Customer and are determined by the Civil Code of Ukraine, the Law of Ukraine "On Consumer Rights Protection" and other regulatory legal acts.
The Agreement is considered concluded in accordance with Article 642 of the Civil Code of Ukraine and comes into force as an adhesion contract in accordance with Article 634, and the fact that the Customer places an order in oral (by phone) or written (through the website or email) form and confirmation of this order by the Performer is a complete and indisputable acceptance by the Customer of all terms of the Agreement and Privacy Policy, which is an integral appendix to this Agreement, without any exceptions and/or limitations (acceptance). Hereinafter in the text of the Agreement, the Performer and the Customer are also referred to together as the Parties, and each separately as a Party.
1. GENERAL PROVISIONS1.1. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all rights and powers necessary and sufficient for concluding and performing the Agreement in accordance with its terms.1.2. By accepting the terms of this Agreement, the Customer confirms that:
● at the time of ordering the Service, he/she has reached 18 years of age;● the information provided when ordering the Service is correct and up-to-date;● the provided contact information may be used for the purpose of notifying about changes in work, promotional offers or providing other information related to the Performer's activities.
1.3. The current version of this Agreement is always posted on the Performer's Website and is mandatory available for the Customer's review before he/she accepts the terms of the Agreement.1.4. This Agreement regulates the provision of services on the Website, including:
● voluntary selection of the Service by the Customer;● independent placement of an application by the Customer on the Website;● payment by the Customer for the Service placed on the Website;● provision of the Service by the Performer under the terms of this Agreement.
2. TERMS USED IN THE AGREEMENT2.1. Acceptance - acceptance by the Customer of the Performer's offer to purchase the Service, the assortment and detailed information about which is contained on the "Pla(y)nning" website, via "http://playnning.com/".2.2. Website - a set of web pages available on the Internet under the domain name "http://playnning.com/", created for concluding contracts for the provision of services based on the Customer's familiarization with the description of Services proposed by the Performer, including in photographs, via the Internet, which excludes the possibility of the Customer's direct visit to the Performer's representative office - by remote means.2.3. Service - consulting services and/or training services according to the Performer's methodology, which are offered for sale, according to the assortment and prices specified on the Website.2.4. Order - a properly executed application by the Customer for the purchase of Services, addressed to the Performer.2.5. Customer - a natural or legal person who receives a Service from the Performer according to the terms of this Agreement.
3. SUBJECT OF THE AGREEMENT3.1. The subject of this Agreement is the provision of services by the Performer by remote means, according to the list posted on the Website, under the conditions defined by this Agreement.
4. ORDER PLACEMENT PROCEDURE4.1. Ordering the Service is carried out by the Customer independently on the Website.4.2. An order is considered executed and accepted for execution by the Performer if:4.2.1. after the Customer completes the actions for placing an order on the Website, the Performer's operator will send the Customer payment details for the order (by email or to any messenger using the phone number specified when placing the Order), and the Customer will pay for the Order in full;4.2.2. after the Customer completes the actions for placing an order on the Website, the Customer independently goes to the online payment page and pays for the Order in full;4.2.3. after the Customer places an Order by phone, the Performer's operator will send the Customer payment details for the Order (by email or to any messenger using the phone number specified when placing the Order), and the Customer will pay for the Order in full.4.3. If the Performer's operator does not send the Customer payment details for the order or the Customer does not pay for it in full, such an order is not considered executed and is not subject to execution by the Performer.4.4. The Customer bears full responsibility for the correctness and reliability of the data specified by him when placing the Order.4.5. The Performer undertakes to provide the Customer with all information related to the Services, order placement and execution, and necessary for making a choice and placing an order.
5. SERVICE PROVISION PROCEDURE5.1. Services are provided remotely through online consultations on a platform determined by the Performer, according to the Performer's training schedule.5.2. The training schedule is determined according to the data specified by the Performer on the platform determined by the Performer or provided to the Customer additionally.
6. COST OF SERVICES AND PAYMENT PROCEDURE6.1. The cost of the Performer's services is indicated on the Website.6.2. The total cost of the Order consists of the cost of all Services specified in the Customer's Order, taking into account the current cost of these Services at the time of placing the Order, indicated on the Website, all taxes and fees.6.3. Settlements between the Parties are carried out in non-cash form by making payment to the Performer's settlement account or using the LiqPay service.6.4. Payment for Services is made in the national currency of Ukraine - hryvnia, according to the official NBU exchange rate on the day of payment.6.5. The Service is provided to the Customer only upon payment of the full cost of the Services. Payment of the Service cost is considered made at the moment when the corresponding funds are credited to the Performer's account.6.6. The Performer has the right to suspend the execution of the Order and/or cancel the Order unilaterally in case of non-performance or improper performance by the Customer of the obligation to pay for the corresponding Order.6.7. The cost and assortment of Services on the Website may be changed by the Performer at its own discretion at any time without the need to notify the Customer about this. At the same time, the cost of Services indicated on the Website at the time of placing a specific Order is relevant for placing this Order.6.8. In case of unilateral termination of the Agreement at the Customer's initiative, payment is not refunded.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES7.1. The Performer is obliged to:7.1.1. provide this Agreement for the Customer's review by publishing it on the Website;7.1.2. provide the Customer with Services according to the list on the Website.7.2. The Performer has the right to:7.2.1. not provide Services until the Customer makes payment;7.2.2. make unilateral changes to this Agreement, including current service prices, with their prior publication on the Website;7.2.3. partially or completely suspend the provision of services in case of impossibility of performing services due to circumstances beyond the Performer's control;7.2.4. not publish the Customer's comments.7.3. The Customer is obliged to:7.3.1. familiarize themselves with information about Services posted on the Website;7.3.2. independently place an order on the Website;7.3.3. comply with the terms of this Agreement;7.3.4. when filling out the application, provide (personally enter) reliable personal data and information.7.4. The Customer has the right to:7.4.1. use services according to the terms of this Agreement;7.4.2. demand from the Performer compliance with the requirements of this Agreement;7.4.3. publish their comments.
8. LIABILITY OF THE PARTIES8.1. In case of non-performance or improper performance of their obligations under the Agreement, the Parties bear liability provided by current legislation and this Agreement.8.2. The Performer is not liable for damage caused to the Buyer as a result of improper use of purchased Services.8.3. In cases not provided for by this Agreement, the Parties bear liability established by current legislation of Ukraine.8.4. The Performer considers the Customer's claims within 30 (thirty) working days from the moment of receiving such claims.8.5. The Customer bears responsibility for the correctness of data entered into the Order form.
9. DISPUTE RESOLUTION PROCEDURE9.1. All disputed issues that may arise regarding this Agreement or in connection with its execution, the Customer and the Performer resolve through negotiations. The pre-trial procedure for dispute resolution is mandatory.9.2. All disputed issues are considered in the presence of a written claim sent by registered mail.9.3. If the Customer and the Performer cannot reach agreement on disputed issues through negotiations, these issues are subject to resolution in accordance with current legislation of Ukraine.
10. TERM OF THE AGREEMENT10.1. This Agreement is considered concluded at the moment of completion of Order placement by the Customer and confirmation of acceptance of the Order for execution by the Performer.10.2. The Agreement is valid until full performance by the Parties of all terms of this Agreement.
11. FORCE MAJEURE CIRCUMSTANCES11.1. Neither Party is liable for non-performance, untimely or poor-quality performance of any obligation under this Agreement if the aforementioned non-performance, untimely or poor-quality performance is caused by circumstances beyond the reasonable control and will of the Parties (force majeure). Force majeure circumstances are defined in Article 14-1 of the Law of Ukraine "On Chambers of Commerce and Industry in Ukraine".The Party affected by force majeure circumstances must immediately, but no later than three working days, notify the other Party in writing about the suspension of the specified circumstances.The result of force majeure circumstances is the extension of the term for fulfilling obligations or the term of the Agreement for the duration of their continuation, unless the Parties decide otherwise.If force majeure circumstances continue for more than two consecutive months, each Party has the right to refuse this Agreement by written notification of the other Party.
12. OTHER CONDITIONS12.1. All textual information and graphic images posted on the Website and/or transmitted to the Customer by the Performer on other platforms within the framework of providing the Service are the property of the Performer.12.2. The Website may be temporarily partially or completely inaccessible due to technical, preventive or other work, or for any other technical reasons.12.3. On all issues not provided for by the terms of this Agreement, the Customer and the Performer are guided by current legislation of Ukraine.12.4. In case of establishing special conditions regarding assortment, cost of Services, other order conditions in connection with promotions, etc. - such actions will not be considered a violation of paragraph 2 of Article 633 of the Civil Code of Ukraine.12.5. When placing an order, regardless of the method of placement (orally by phone or electronically on the Website), the Customer confirms the following:
The Customer is familiar with the terms of this offer to conclude the Agreement and accepts them, gives consent to the processing of personal data and agrees with the Performer's privacy policy in full and unconditionally;The Customer is familiar with and agrees to the assortment and cost of Services, terms of their payment and procedure for provision, other terms of the service agreement specified on the Website;All data provided by the Customer when placing the order (list of Services, personal data, email address, delivery address, phone number, etc.) are current and complete. The Customer provided all necessary order details regarding assortment, quantity of Services, etc., which he intended to provide during Order placement. Making changes to the Order or refusing the Order after its confirmation is not allowed.