This document is a public offer to agree to the provision of information and consulting services (hereinafter referred to as ”the Agreement” and/or “Offer”). Its terms are the same for all consumers (natural persons or legal entities), and their absolute acceptance (payment by any method in accordance with, according to acting legislation of Ukraine is considered as acceptance of this Agreement between the Customer and the Service Provider and certifies its conclusion.
The Service Provider offers the Сustomer to conclude this Agreement on the following:
- Definitions and General Provisions
1.1. In this Agreement, the following terms and definitions are used in the following meanings:
Service Provider means legal entity, organizing the Event - Limited liability company “IT Events Distribution”(ID 42018790)
Event means any event, provided by the Service Provider, which is possible to visit only upon presentation of a special document - a ticket;
Ticket (or electronic ticket) means an ordered set of data, including the data formed by the system, which contains the ticket details (price, name of the Event, the venue, date and time of the held Event, etc.) that uniquely describe and confirm the right of the Customer to take part in the Event individually and personally (via one laptop and/or one smartphone). The Ticket is the Act of providing services under this Agreement;
System means the computerized site system designed for issuing tickets on https://gastroli.ua;
Nominal price - the price of visiting the Event, set by the Organizer for all Customers in accordance with the categories of tickets on the date of the Event (excluding service and agency fees).
Website means websites on the Internet, located at the address: : https://itarena.ua/ or https://gastroli.ua, which provide information about the Event.
Order means one or more tickets that were selected from the System by the Customer, and combined in a single identification number.
Services means information and consulting services that consist in participation in the Event organized by the Service Provider.
1.2. The Agreement regulates the terms and procedures for providing the Services, as well as the Service Provider’s and the Customer’s rights and obligations related to this Agreement arising therefrom.
1.3. The Services are provided only under the terms of this Agreement and only after the full and absolute acceptance of its terms by the Customer (acceptance of the Offer). Using the Services of the Service Provider on the terms set forth in this Agreement serves as evidence that the Agreement has been concluded.
1.4. If the Customer does not accept the full terms of this Agreement, the Services can not be provided. The refunding of the purchased tickets can be issued only under the terms and conditions set out in this Offer.
1.5. The Service Provider has the right to make changes to this Agreement at any time, but such changes shall be published on the Website and in the public domain on the Internet.
1.6. Service Provider may terminate this Agreement at any time without notifying the Customer in case the terms of this Agreement, Code of Conduct or other rules have been infringed.
2. The subject of the Agreement (Offer)
2.1. Hereunder the Customer requests, and the Service Provider undertakes to provide information and consulting services, by participating in the Event of the Service Provider, in the manner and subject to the conditions set forth in this Agreement and the rules of the Service Provider.
2.2. The Services provided by the Service Provider are considered as provided in a due manner and received by the Customer in full from the moment the ticket has been sent by Service Provider to the email address of the Customer.
2.3. By agreeing to the terms of this Agreement, the Customer confirms that they are closely acquainted with the clauses of the Agreement and the information released on the website.
2.4. By agreeing to the terms of the Agreement, the Customer confirms its legal capacity, including being of legal age (18 years old), legal ownership of a payment card, and agrees to take responsibility for the obligations imposed on them as a result of the conclusion of the Agreement.
2.5. In accordance with the provisions of the Law of Ukraine "On Protection of Personal Data» 2297-VI of 01.06.2010 (as amended), Customer acknowledges and agrees to provide their personal data to the Service Provider, as well as the personal data of third parties specified by the Customer, that were obtained by the Service Provider in the process of issuing tickets, such as name, contact telephone number, company name, title, city and email address. The processing of the Customer's personal data is carried out in accordance with the legislation of Ukraine. The Customer grants the Service Provider the right to process their personal data in connection with the provision of customer services, stipulated by this Offer, including the receiving of advertising messages about Events, Tickets.
3. Acceptance of the offer
3.1. This Offer is valid from the moment of its placement on the website https://itarena.ua/ and is the main document in the official relationship between the Service Provider and the Customer. Acceptance of this Offer by the Customer is made by consistently committing actions specified in clause 3.2 of this Offer (acceptance of the Offer). The acceptance of this Offer is voluntary and is equal to the conclusion of a written contract (Clause 2 of Article 642 of the Civil Code of Ukraine).
3.2. Acceptance of the Offer by the Customer is carried out by consistently committing the following actions:
a) using the Website;
b) choosing the Event and the category of the ticket;
c) getting acquainted with the conditions of the Offer;
g) providing a contact telephone number, email address, name and surname of the ticket recipient;
d) paying for the ticket.
3.3. Prior to the acceptance of the Offer, the Customer must be sure that all the terms of this Offer are clear and they accept them absolutely and in full.
4. The rights and obligations of the Parties
4.1. The Service Provider undertakes to:
- provide the services stipulated in the terms of the Offer;
- provide the Customer with the necessary information about a particular event, the necessary information about the dates, venue and time, and about the refund procedure for tickets purchased in case of cancellation, postponement, or replacement of the Event;
- provide an opportunity to order and pay for the Services using the means of payment provided on the Website;
- advise on the use of the Website and the Services provided.
4.2. Service Provider shall be entitled to:
- request the Customer to comply with all registration and payment procedures according to the rules set forth in the Offer;
- refuse to provide the Services in connection with the Client's improper performance of their obligations under the terms of this Offer;
- annul the Customer's participation in the Event without refunding the Ticket if the Customer breaches the rules of conduct at the Event or acting legislation of Ukraine
- modify any System software, including the Website, at any time, suspend the operation of the Software to ensure the functioning of the Website in case of detecting significant faults, errors, and failures, as well as for the purpose of carrying out preventive works and preventing cases of unauthorized access to the Website.
- change the information about the Event at any time, including the Event program and the list of speakers.
4.3. The Customer undertakes:
- to get acquainted with all the rules for the provision of the Services and the terms of this Offer, and to accept them, as well as any additional rules governing the relations of the Parties under this Offer;
- when working with the System, to provide true, accurate and complete information about themselves. The Customer acknowledges that they are fully responsible for the data communicated to the Service Provider. The Customer acknowledges that they have no claim to the Service Provider for issuing the Ticket that has been incorrectly prepared by the Customer when using the Website, as the Customer did not confirm its accuracy at registration;
- not to violate the rules of Code of Conduct at the Event, namely: igniting interethnic, religious conflicts, distracting participants from the subject of the Event, spamming, trolling, advertising, obscene statements, rudeness, insulting the hosts, staff or participants of the Event.
- to pay the full cost of the order.
4.4. The Customer has the right to:
- require the Service Provider to provide the Services in accordance with the terms and conditions of this Agreement;
- issue a Ticket on the Website. The Customer acknowledges that in the case of using the Service Provider’s System, they fully and absolutely accept the terms of this Offer, regardless of how the purchase was made;
- choose the payment method of the Ticket from the ones offered on the Website;
- receive information on the rules for obtaining Tickets, available Ticket Categories and other information about Events;
- when visiting the Event, the Customer shall present a Ticket, printed or stored in the memory of the Customer's technical device, provided that such device allows scanning of the code by the access control system at the venue of the Event.
- refuse to purchase tickets at the moment of payment of the Ticket in accordance with the terms and conditions set out in this Offer. Such a refusal would entail the termination of the Service Provider’s duties before the Customer.
5. Refunds
5.1. Refunds (Ticket prices (access rights to participate in the Event)) are made exclusively in the manner and under the conditions provided for in this Agreement and applicable law. Tickets are not exchangeable or refundable, unless otherwise expressly provided in the Agreement.
5.2. Refund of the Nominal Price of the Ticket (Electronic Ticket) to the Event is carried out only in case of cancellation of the Event in accordance with the rules and conditions of the refund established by the Organizer of the Event. There is no refund of service fees.
6. Liability of the Parties
6.1. In the Event of failure or improper performance of their obligations under this Agreement, the Parties shall be liable in accordance with the legislation of Ukraine and the terms of this Agreement.
6.2. The Service Provider's responsibility is limited to providing the Services in accordance with the stated theme.
6.3. The Service Provider shall not be liable for non-performance or improper provision of the Services on its part or by third parties, arising out of the unreliability, insufficient or untimely information provided by the Customer in the System.
6.4. The Service Provider shall not be liable in the Event that the Customer fails to visit the Event in circumstances beyond of the Service Provider’s control.
6.5. The Service Provider shall not be liable for the non-compliance of the Event with the Customer's expectations and subjective assessment.
6.6. The Parties shall make every effort to reach Agreement on disputed issues through negotiations.
6.7. The Service Provider shall not be liable for any damages and non-pecuniary damage sustained by the Customer as a result of misunderstanding or them not understanding the information about the procedure of issuing and/or paying for the Tickets, as well as receiving and using the Services.
6.8. The parties shall be released from liability for full or partial non-fulfillment of their obligations under this Offer, if such non-fulfillment is the result of circumstances of force majeure, that is, extraordinary and inevitable under the circumstances. The circumstances of force majeure, in particular, include natural disasters, hostilities, strikes, protests, actions and decisions of state authorities, failures that occur in telecommunications and energy networks.
6.9. Circumstances of force majeure or event should be understood as circumstances that exclude or objectively impede the fulfillment of the terms of the Agreement, are extraordinary, unavoidable, and unforeseen, and which the parties could not have foreseen or prevented by reasonable measures. The parties include the following conditions in particular: circumstances caused by exceptional weather conditions and natural disasters, actions or orders of any government agencies, significant adverse changes in any current legislation, currency restrictions, extraordinary circumstances (state of emergency, emergency, quarantine) of local or national scale, unforeseen actions or inaction of third parties, and / or occurring regardless of the will and desire of the Contracting Party, threat war, armed conflict or a serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, hostilities including but not limited to enemy attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, imposition of curfew, expropriation, forcible seizure, seizure of enterprises, requisition, long breaks in transport, embargoes, prohibition (restriction) of export / import, conditions regulated by relevant decisions and acts of public authorities and local governments, the introduction of restrictive measures or prohibitions of mass events, and circumstances related to the elimination of the consequences caused by exceptional weather conditions and unforeseen situations and other circumstances that are beyond the reasonable control of the parties.
In case of force majeure, the Service Supplier notifies the Customer within 7 (seven) calendar days by written message on WebSite about the nature of these circumstances and the probable duration of their validity.
The term of fulfillment of the Service Supplier's obligations is postponed in proportion to the time during which such force majeure circumstances will apply or until the moment determined by the Service Supplier as a new date of the Event.
7. Amendments and termination of the Agreement
7.1. This Agreement shall enter into force on the date of payment for the Ticket by the Customer and shall remain in force until the end of the Event.
7.2. Service Provider shall have the right to unilaterally terminate this Contract.
7.3. Service Provider shall have the right to change the terms of this Agreement without prior notice to the Customer. The Customer, acknowledging the possibility of such changes, agrees that they will be made. If the Customer continues to use the Services of the Service Provider after such changes, it means they agree with such changes.
8. Data Confidentiality
8.1. The Customer is responsible for the confidentiality of their registration name (login) and password, as well as for all actions performed under such a login and password. The Service Provider shall not be liable and shall not compensate for any damages resulting from the unauthorized use of the Customer's identification data by the third parties.
9. Miscellaneous.
9.1. This Agreement is considered concluded from the moment of payment by the Customer for the Contractor's Services in accordance with the terms of this Offer.
9.2. By agreeing to the terms of this Offer, the Customer confirms its legal capacity, its actual intention to enter into this agreement on the terms specified in the Offer, the absence of any coercion to enter into this agreement, full understanding of the terms and terminology used in this Offer in Ukrainian, lawful use of a bank payment card, as well as realizes and confirms its responsibility for the obligations imposed on it as a result of concluding this Agreement.
9.3. All information provided by the Parties to each other related to the subject of this Agreement shall be considered confidential and may not be disclosed by either Party without the written consent of the other Party, except as provided by applicable law and this Agreement.
