Of Sale Of Tickets • Electronic Tickets For Cultural And Entertainment Events •
• Public Offer Of Gastroli.ua LLC
Article 1. Definition of terms
Terms defined below in this public offer of sale of tickets (electronic tickets) for cultural and entertainment events (hereinafter referred to as the Offer) shall be used herein, both in singular and plural, in the following meanings:
Agent – Gastroli.ua Limited Liability Company acting according to the contracts made with Principals shall be authorized to render services of distribution, issuance and sale of Tickets (Electronic tickets) for various cultural and entertainment Events.
Electronic ticket – a document issued on paper or electronic media using Agent’s System to prove ticket bearer’s right to visit (enter, watch, listen to etc.) an Event; the ticket shall include all necessary information on the Event visiting right (unique barcode, Event name, date, time and place; seat, sector and row number, any additional technical or legal information; nominal Ticket price, other data required for the Event visiting; the Ticket may also include Order information). Electronic ticket formation availability shall be regulated by the Event Manager and/or the Principal or the Agent and depend on possibility to use automated admission control system based on barcode reading in the place where the Event is held, and/or possibility to receive the Ticket directly at the salespoint or by courier delivery according to the terms hereunder.
Customer (buyer) – an individual person who has entered this Agreement in order to use Agent’s service of issuance and usage of Tickets for Events as well as other additional Agent’s services, has made the Order and paid the cost of this Order.
Order – one or several Tickets (Electronic tickets) for one or several Events selected by the Customer (for the Customer) in the System and are grouped together under one identity number in the System.
Event – a theatrical, concert, entertainment, sightseeing or any other mass culture event, for which the tickets (Electronic tickets) distributor is the Agent, and which may be admitted after showing the Ticket (Electronic Ticket).
Ticket – a document issued on a limited-issue form using Agent’s Systemto prove ticket bearer’s right to visit (enter, watch, listen to etc.) an Event; the ticket shall include all necessary information on the Event visiting right (Event name, date, time and place; seat, sector and row number, any additional technical or legal information; nominal Ticket price, other data required for the Event visiting; the Ticket may also include holographic protection elements, Order information and unique barcode). Ticket grants the right of visiting the Conference and doesn’t include nutrition/food supply during the IT Arena(excluding Executive Tickets).
Call center – the contact center of the Agent and/or its partners which may be called by the telephone numbers indicated at Agent’s website.
Agent’s distribution network – the website and all salespoints of the Agent and its partners (subagents) with which the Agent has made agreements for issuing and sale of Tickets (Electronic tickets) for the Events using Agent’s System.
Nominal price – the cost of Event admission, defined by the Principal for all Customers on a certain date.
Event Manager – a legal entity or individual entrepreneur who is entitled to arrange and hold the Event according to the relevant agreements.
Offer – this agreement of sale of tickets (electronic tickets) for the Events (Public offer of Gastroli.ua LLC), published at the webpage: https://gastroli.ua/static/offer and/or available in the network on Customer’s demand.
Salespoint – a Ticket (Electronic ticket) booking office of both the Agent and its partners (subagents) with which the Agent has made agreements for issuing and sale of Tickets (Electronic tickets) for the Events using Agent’s System.
Event Principal – a legal entity or individual entrepreneur who authorizes the Agent on behalf of the Principal and/or Event Manager at its expense to render services of distribution (between available Agent’s subagents), issuance and sale of Tickets (Electronic tickets) (quota of Tickets (Electronic tickets) for the Events to the Customers.
Agent’s System (Software) – Agent’s automated system including all data servicing functions available to the Customers at Agent’s website or in Salespoints, located on one or several servers, managed and controlled by the Agent and meant for tickets issuing and sale.
Subagent – a legal entity or individual entrepreneur who deals with sale of Tickets (Electronic tickets) for the Events using Agent’s System in compliance with the agreements entered by the Agent for issuing and sale of Tickets (Electronic tickets) for the Events. Rules and provisions of this Offer are binding upon such agreements and are applicable to relations between the Agent and the Subagent, if otherwise is not provided for in an agreement made between them.
2.1. This Offer shall regulate terms and conditions of sale of Tickets (Electronic tickets) for the Events, rights and obligations obtained by the Agent or the Customer hereunder, and may be applied to purchase from the Agent of the Tickets (Electronic tickets) by a legal entity or individual entrepreneur if otherwise is not provided for in an agreement of purchase of Tickets (Electronic tickets).
2.2. The Tickets (Electronic tickets) shall be sold to the Customer exclusively under conditions of this Offer and only in case of its complete and unconditional acceptance by the Customer. Neither partial acceptance nor acceptance under other conditions shall be allowed.
2.3. Usage of Agent’s services by the Customer under conditions specified in this Offer, shall be the evidence of the agreement made between them.
2.4. If the Customer does not fully accept the conditions hereof, the Tickets (Electronic tickets) sale shall not be effected.
2.5. The Tickets (Electronic tickets) purchased by the Customer cannot be returned to the Agent, including the cases of Customer’s denial based on his/her disagreement with conditions of this Offer after acceptance of the conditions hereof and the payment for the Ticket (Electronic ticket) made by the Customer. Refund of the Tickets (Electronic tickets) purchased by the Customer is performed exclusively under conditions and in manner specified herein.
2.6. The Tickets (Electronic tickets) shall be purchased by a legal entity or individual entrepreneur either under conditions specified by the parties in the agreement of Tickets (Electronic tickets) purchase with their material conditions being different from the conditions hereof, if such provisions are specified in the agreement, or under conditions of this Offer; payment for the purchased Tickets (Electronic tickets) shall be made only by money transfer to Agent’s account according to the invoice provided by the Agent.
2.7. The Agent shall have right to introduce changes and amendments hereto (to present the revised version of the Offer) any time, but in any case such changes must be published and made available to the public through publication at the electronic address in the Internet: https://gastroli.ua. Using Agent’s services after introduction of textual changes into this Offer, the Customer confirms his/her complete and unconditional acceptance of the amended Offer.
2.8. Conditions of this Offer shall be binding both on the Customers who make payments through Agent’s website by means of payment cards and on the Salespoints, and shall not depend on payment form and method.
2.9. The Agent shall have right to terminate this Offer any time without any prior notice if the Customer fails to fulfill conditions of this Offer and other rules published at Agent’s website.
2.10. This Offer shall become effective from the date of its publication at Agent’s website and remain in force indefinitely during the whole period of services rendered by the Agent as specified in this Offer; in case of any changes and amendments introduced into the Offer (the new version of the Offer) – till the date of publication at Agent’s website. The provisions of this paragraph shall be also binding on introduced changes (amendments) hereto or any revised version of this Offer, if otherwise is not provided for in such changes (amendments) or the revised version of this Offer.
Article 3. Subject matter of the Offer
3.1. The subject matter of this Offer is rendering to the Customer services of issuance, sale and delivery (the latter is provided at extra charge) of the Tickets (Electronic tickets) for the Events under conditions and in manner set forth in this Offer (hereinafter referred to as the Services).
3.2. The Agent shall be responsible to the Customer exclusively for the quality of Agent’s Services.
3.3. The Agent shall not be responsible for actions of the Principal and/or Event Manager as well as the persons acting on their behalf and authorized by them or acting on their own behalf but authorized by the Principal and/or Event Manager, including the actions related to the sale of the Tickets (Electronic tickets) by such persons, Event arrangements, the fact of Event holding or Event contents.
3.4. The Service shall be deemed to be provided by the Agent and fully received by the Customer from the moment of sending to Customer’s email address/granting the Customer access to the file/or the link for printing the Electronic ticket, or providing the Ticket (Electronic ticket) to the Customer at the Salespoint or providing the Ticket (Electronic ticket) to the representative of a courier company (if the Customer orders Ticket (Electronic ticket) delivery option).
3.5. According to the Law of Ukraine “On Protection of Personal Data” № 2297-VІ of June 1, 2010, the Customer shall acknowledge and agree to provide his/her personal data as well as personal data of the third persons, indicated by the Customer, to the Agent, and the Agent shall receive such data in the process of making the Order of issuing the Ticket (Electronic ticket) and providing other Agent’s services to the Customer as follows: surname, name, patronymic, gender, contact telephone number, city, delivery address; surname, name, patronymic and contact telephone number authorized to receive the Tickets (Electronic tickets) (if the Tickets (Electronic tickets) deliveryу option is ordered) and email address. Customer’s personal data shall be processed in compliance with the laws of Ukraine. The Customer shall agree to automated processing and/or processing without application of automated means of his/her personal data by Gastroli.ua LLC in respect of rendering Services, provided for on this Offer, to the Customer, including actions meant for sending advertisement messages to the Customer as well as for realization of Agent’s contractural, administrative, legal and fiscal relations and relations in the sphere of accounting andit, relations in the sphere of human resources management and ensuring relations requiring personal data processing according to the current laws of Ukraine. The Customer shall also agree to collection, accumulation and storage of Customer’s personal data as well as personal data of the third persons, indicated by the Customer, including transfer of such data to the third persons without further notice of the Customer on such a transfer. By signing this Agreement, the Customer confirms that he/she is informed on including their personal data as well as personal data of the third persons, indicated by the Customer, into the personal database of Gastroli.ua LLC, and on the rights set forth in the Law of Ukraine “On Protection of Personal Data”. As the processing of personal data of the Customer and personal data of the third persons, indicated by the Customer, is performed in respect of the fulfillment of the agreement made under conditions of this Offer, no additional consent of the Customer or the third persons, indicated by the Customer, shall be given to Agent for processing of their personal data. Data usage period shall be indefinite. The Customer shall ensure and be responsible for the fact that his/her personal data as well as the personal data of the third persons, indicated by the Customer in the Order while making the Order and rendering Agent’s services, are voluntarily provides by the Customer and the third persons, and that all persons have read and agree with this Offer.
Article 4. Offer acceptance
4.1. This Offer shall be deemed the primary document in official relations between the Customer and the Agent in the process of rendering Services specified in this Offer. Acceptance of the Offer by the Customer shall be performed through consistent fulfillment by the Customer of the actions described in p. 4.4 of article 4 of this Offer (Offer acceptance).
4.2. Acceptance of this Offer shall be made by the Customer voluntarily and completely.
4.3. Prior to the acceptance of the Offer, the Customer must be sure that all conditions of the Offer are clear to him/her and he/she accepts it unconditionally and in full extent.
4.4. Acceptance of this Offer shall be made by the Customer through purchase of the Ticket (Electronic ticket), usage of other Agent’s Services in the Internet, by phone or at a Salespoint, through performing the following actions:
visiting Agent’s Salespoint and/or website and/or calling the Call center;
selecting certain Event and Ticket(s) (Electronic ticket(s)) category from the tickets available at the moment of Customer’s;
reading and acceptance of provisions of this Offer;
learning age restrictions, rules and conditions of visiting certain Events;
submission by the Customer of his/her personal data, required by the Offer, and personal data of the third persons, indicated by the Customer, and in case of Ticket (Electronic ticket) delivery order – delivery address and time, making Order, payment the entire cost of the Order using the selected payment method.
4.5. After Order payment, the Customer shall either receive the Ticket (Electronic ticket) on his/her own at a Salespoint or use ticket delivery option (at extra charge), or print out the Electronic ticket, or write the file of the Electronic ticket to memory of a technical device owned by the Customer, if such a device allows demonstration of the Electronic ticket for check (scanning) by the admission control system at the place where the Event is held. According to the provisions of this paragraph, the Customer may receive the Electronic ticket sent by the Agent to the email address specified by the Customer.
4.6. In cases separately indicated by the Agent at its website and/or Salespoints and/or while contacting the Call center, the Tickets (Electronic tickets) for certain Events may be purchased using exclusively one or separate methods provided for in this Offer.
4.7. Performing the actions specified in paragraph 4.4 of acticle 4 of this Offer shall mean complete and unconditional acceptance by the Customer of all conditions of the Offer with no exceptions and/or limitations, objections, and shall be equivalent to written agreement between the Customer and the Agent (part 2 of article 642 of the Civil Code of Ukraine).
4.8. By performing the actions specified in paragraph 4.4 of acticle 4 of this Offer shall mean complete and unconditional acceptance by the Customer and granting right to Confererence’s Organizer to use the Customer’s personal data and social nets’ account information to promote IT Arena in social networks and publicly announce the Customer’s participance in it.
Article 5. Payment procedure
5.1. The Customer shall pay the cost of the Order and Agent’s Services by 100 % prepayment using any payment method offered by the Agent and specified at Agent’s website and/or at Salespoints.
5.2. The cost of the Order and Agent’s Services shall be deemed paid if the payment system provides information on charging money amounting at 100% of cost of Order and Agent’s Services from Customer’s account in favor of the Agent, or money transfer to Agent’s current account (in case of payment by means of payment systems accessed from Agent’s website), or to Agent’s booking office or acceptance of money from the Customer by Agent’s official representatives and/or Subagents.
5.3. In case of payment by means of a bank card, the Customer shall be obliged to use only the card issued in this Customer’s name. While Order and Agent’s Services payment through a payment system, the payments are processed on the server of electronic payment system. It means that confidential data of the card bearer (bank card information, registration data and other information) are not received by Gastroli.ua LLC; such data are protected and may not be accessed by anybody, including Agent’s website personnel.
5.4. Observation of all terms of this Offer by the Customer and after Customer’s payment of the Order and Agent’s Services according to paragraph 5.2 of article 5 of this Offer, the Order shall be deemed sold and the Customer shall become entitled to visit the Event on terms set forth in the Ticket (Electronic ticket).
Article 6. Delivery of Tickets (Electronic tickets)
6.1. The Tickets (Electronic tickets) shall be delivered to the Customer using the following methods on Customer’s choice:
the Agent sends a message to Customer’s email address with attached electronic ticket with unique barcode to be printed out or stored in memory of a technical device owned by the Customer, if such a device allows demonstration of the Electronic ticket for check (scanning) by the admission control system at the place where the Event is held. The ticket form shall allow single visit of the selected Event through check by the admission control system at the place where the Event is held.
the Tickets (Electronic tickets) are delivered by a courier company at extra charge for this service.
7.1. While purchasing an electronic ticket, the Customer shall be in any case obliged to provide his/her valid and current email address, and to indicate his/her personal data specified in this offer and required by System processing and/or personal data of the Electronic ticket receiving person.
7.2. The Customer shall assume responsibility and agree that he/she is fully responsible for providing wrong or invalid email address, access to his/her email account, protecting Customer’s email account and received Electronic ticket for the Event from access of the third persons.
7.3. The Electronic ticket shall be sent to the email address indicated by the Customer subject to fulfillment of the requirements of this Offer by the Customer and payment of 100% of Order and Agent’s Service cost.
7.4. The Customer shall be obliged to print out the Electronic ticket on his/her own and at his/her own expense. While printing out the Electronic ticket, the Customer shall be obliged to make sure that the Electronic ticket is printed with proper quality. In case of non-fulfillment or improper fulfillment of the obligation set forth in this paragraph, the Customer shall be fully liable for the above actions (inaction), including the cases when the Principal and/or Event Manager denies the Customer the access to the Event. The Agent shall not be liable for any damage caused to the Customer, in case of violation of this paragraph, as the Agent is not a contractual party of the agreement of rendering services related to holding the Event.
7.5. While entering the Event, the Customer shall have right to show the Electronic ticket stored in memory of a technical device owned by the Customer, if such a device allows demonstration of the Electronic ticket for check (scanning) by the admission control system at the place where the Event is held, if this is allowed by the Principal and/or Event Manager and declared by the Agent at the moment of Electronic ticket ordering at Agent’s website.
7.6. The Customer shall be exclusively liable for keeping and protection of the Electronic ticket from copying. In case of copying of the Electronic ticket, the Principal and/or Event Manager will allow access to the Event to the person who is the first to show this Electronic ticket for check (scanning) by the admission control system at the place where the Event is held.
Article 8. Rights and obligations of the parties
8.1. The Customer shall have right:
8.1.1. to obtain information on his/her own from the open sources about the cost of Tickets for Events and Agent’s Services;
8.1.2. to obtain information on rules of sale of the Tickets (Electronic tickets) for Events, available categories of the Tickets (Electronic tickets) for Events, their cost and other information possessed by the Agent within its authority, using online options, contacting Agent’s call center and using other methods indicated at Agent’s website;
8.1.3. to select certain Event, row, seat, Ticket (Electronic ticket) category, other Event features from options available in the System;
8.1.4. to purchase the Ticket or Electronic ticket of his/her choice if the possibility of such Ticket (Electronic ticket) purchase is defined by the Principal and/or Event Manager and indicated by the Agent at Agent’s website;
8.1.5. to select payment method for the Order and Agent’s Services, make the order by means of at Agent’s website, select the Salespoint from the list placed at Agent’s website. In this case the Customer shall be obliged to learn on his/her own the rules of usage of a certain payment method;
8.1.6. the Customer may withdraw from a purchase of the Ticket (Electronic ticket) up to the moment of payment for the Order in compliance with conditions set forth in this Offer. Such a withdrawal will lead to cancellation of all Agent’s obligations towards the Customer raising from this Offer and the current legislation of Ukraine;
8.1.7. to send to the Agent comments and feedback on Agent’s work using the contact information indicated at Agent’s website;
8.1.8. to visit the Event by showing the Electronic ticket printed out on paper while entering the Event area, or by showing the Electronic ticket stored in memory of a technical device owned by the Customer, if such a device allows demonstration of the Electronic ticket for check (scanning) by the admission control system at the place where the Event is held;
8.1.9. to demand from the Agent to render Services under conditions set forth in this Offer;
8.1.10. to use other rights provided for in this Offer or raising from it.
8.2. The Customer shall be obliged:
8.2.1. to learn in detail all provisions of this Offer and accept them prior to payment for the Order and/or Agent’s Services, as well as all additional rules and conditions regulating relations between the parties under this Offer;
8.2.2 the Customer shall agree to be fully liable for data/information provided to the Agent (its employees) and Subagents (their employees). The Customer shall indemnify and save harmless the Agent (its employees) for incorrect Order made by the Customer at Agent’s website using Agent’s System, resulting from Customer’s failure to make sure that data/information presented in the Order, are correct. The Agent shall not be liable for impossibility to render Tickets (Electronic tickets) sale service under conditions other than those set forth in this Offer;
8.2.3 while making the Order/ Agent’s Services including Tickets (Electronic tickets) delivery option – to provide the required true exact and complete information on the Customer or the person authorized to receive the Order or deliver the Tickets (Electronic tickets) for selected Event. The Customer shall be fully liable for minor children for whom he/she is purchasing the Tickets (Electronic tickets), as well as for their access/denial of access to the Event defined by the Principal and/or Event Manager;
8.2.4. to pay the entire cost of the Order (Tickets (Electronic tickets)) and Agent’s Services;
8.2.5. not to place, publish, transfer or distribute in any way messages which may have criminal nature or cause any harm to the Agent, Subagents, Principal or Event Manager;
8.2.6. to be fully liable for non-delivery of the Ticket (Electronic ticket) by a representative of the courier company at the address and/or in time (time period) and/or to the person specified by the Customer in the Order for Ticket (Electronic ticket) delivery. The Customer shall not have right to demand from the Agent to compensate the loss incurred in case of non-delivery (late delivery) of the Ticket (Electronic ticket) for the Event due to reasons beyond Agent’s control. If the Ticket delivery option is ordered, Agent’s liability of delivery of the Ticket (Electronic ticket) for the Event shall be deemed to have been fulfilled on the moment of transfer of the Ticket (Electronic ticket) for the Event to the representative of a courier company;
8.2.7. to meet requirements specified in this Offer, terms of Ticket printing out, storage of the Electronic ticket for the Event; to observe rules and terms of Event attendance policy set forth by the Principal and/or Event Manager;
8.2.8. to remain under other duties, either explicitly provided for in this Offer or raising out of it and requirements of the current legislation of Ukraine.
8.2.9. not to get (do not carry) any pets or other animal on the territory of the Conference IT Arena.
8.3. The Agentshall have right:
8.3.1. to demand from the Customer to observe all Order making and payment procedures according to the rules set forth in this Offer;
8.3.2. to deny sale of the Ticket (Electronic ticket) to the Customer, if the Customer does not accept this Offer under conditions set forth in it;
8.3.3. to cancel the Order (Ticket (Electronic ticket)) with the notice thereof sent to the Customer, Principal and/or Event Manager in case of conducting and/or confirmation by banks and/or payment systems of money writing off operations at Agent’s account related to the Orders paid by the Customer, for any reason, including but not limited to bank card fraud actions, loss, theft, error etc.;
8.3.4. the Agent shall not be liable for proper operation and protection of communication channels, protection, working condition and correct operation of computer hardware and other equipment, software used by the Customer to enter Agent’s website;
8.3.5. to modify any software or hardware of Agent’s website and/or Agent’s System, to pause or restrict running of such software and hardware, which enables functioning of Agent’s website and/or Agent’s System, when failures, errors or malfunctions are detected or in order to perform maintenance or to stop (prevent) unauthorized access to Agent’s website and/or Agent’s System.
8.3.6. to define tariffs for its Services and change them in its sole discretion at any time;
8.3.7. to include the cost of Agent’s Services into the cost of the Order and charge it from the Customer; delivery cost shall be indicated by the Agent and paid separately by the Customer;
8.3.8. to demand from the Customer complete payment of the Order cost (Tickets (Electronic tickets)) and Agent’s Services prior to sale and/or issuance (delivery) of the Tickets (Electronic tickets) using methods provided for in this Offer.
8.3.9. to record the telephone conversation between the Customer and Agent’s Call center;
8.3.10. to deny further Service to the Customer if the Customer fails to observe any of the paragraphs of this Offer;
8.3.11. to use other rights provided for this Offer or raise out of it.
8.4 The Agentshall be obliged:
8.4.1. To provide the Customer with:
necessary information about certain Event;
necessary information about the date, place and time of money refund for the purchased Tickets (Electronic tickets) for the Event if the Event is cancelled/changed/ postponed/withheld. The above information must be based on official letter from the Principal and/or Event Manager;
instruction on how to select/make/pay/obtain the Ticket (Electronic ticket). The information published at Agent’s website and/or provided at Salespoints shall be deemed complete and comprehensive;
possibility to select the method of payment for the Order and Agent’s Services from the payment options located at Agent’s website;
services specified in the provisions of this Offer;
8.4.2. to inform the Customer on changes in terms and conditions of this Offer, change of price of the Tickets (Electronic tickets) for the Event, cost of tariffs for Agent’s Services, by publishing such information at Agent’s website and informing the Customers at Salespoints;
8.4.3. to assist in respect of using Agent’s website, to instruct on how to select/make/pay/obtain the Ticket (Electronic ticket), explain other rules and conditions of visiting the Event and using Agent’s Services;
8.4.4. to provide services provided for in this Offer on conditions and in manner set forth herein.
Article 9. Liability
9.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations provided for in this Offer, in compliance with the legislation of Ukraine and terms of this Offer.
9.2. Agent’s liability to the Customer shall be limited to arrangement and facilitating of cooperation between the Principal (and/or Manager) and the Buyer aimed at sale (purchase) of the Ticket (Electronic ticket) for the Event, i.e. to the services rendered directly by the Agent: issuance/payment/receiving the Ticket (Electronic ticket) for the Event.
9.3. The Agent shall waive all responsibility for cancellation/replacement/postponing/withholding of the Event, other circumstances, due to which the Event has not been held on the date, time and in place indicated at Agent’s website. The Agent shall be neither liable, nor contractual party under the agreement made between the Principal and/or Event Manager and the Customer in respect of purchase by the latter of the Ticket (Electronic ticket) for the Event.
9.4. The Agent shall waive responsibility for the failure of Principal’s and/or Event Manager’s services to meet Customer’s expectations and/or his/her personal judgment. Advice, information and recommendations provided to the Customer and/or published at Agent’s website or given at Salespoints may not be construed as guarantees.
9.5. The Agent shall not be responsible for reliability of information about the Event, as entire information is published at Agent’s website by the Principal and/or Event Manager, who confirm and ensure that they have respective rights and are fully liable for availability of respective agreements with performers, premises owners, owners and holders of the copyright and associated rights, availability of means, resources, truthfulness and correctness of information of the Event holding.
9.6. The Customer shall bear all possible risks resulting from its actions (inaction), committed errors and/or inaccuracy in submitted Customer’s data or data of the third persons while using Services provided for in this Offer.
9.7. The Agent shall waive responsibility for any loss and/or non-pecuniary damage, incurred by the Customer due to his/her misconception and/or incomprehension of information on Order making/payment procedure as well as obtaining and usage of services, or the content of provisions of this Offer.
9.8. The Agent shall waive responsibility for storage and protection of the Electronic ticket from copying, theft, damage etc. if the Electronic ticket has been received by the Customer from the Agent in compliance with the conditions of this Offer.
9.9. The Parties shall waive responsibility for non-fulfillment of provisions of this Agreement or any part thereof, if such non-fulfillment results from force majeure circumstances, i.e. emergency events or unavoidable situations, neither predictable nor preventable with reasonable measures by the Party. Such circumstances include but are not limited to natural disasters, extreme weather conditions, fire, wars, industrial disturbances, military actions, civil disorder, governmental actions prohibiting or limiting the fulfillment of obligations of the Parties under this Agreement, errors, malfunction and outages in telecommunication and power supply networks etc.
Article 10. Money refund
10.1. The Nominal price of the Ticket (Electronic ticket) for the Event shall be refundable only in case of Event cancellation or other situation directly defined by the Principal and/or Event Manager in compliance with the money refund procedure set forth by the Principal and/or Event Manager.
10.2. The cost of Agent’s Services as well as the cost of Ticket (Electronic ticket) delivery by a courier company shall not be refundable if the delivery service has been separately ordered by the Customer.
10.3. Whereas Tickets (Electronic tickets) are sold by the Agent on behalf and at the expense of the Principal and/or Event Manager, money paid by the Customer as a payment of the nominal cost of the Ticket (Electronic ticket) shall be refunded by the Principal and/or Event Manager directly or by a person authorized therefore by them according to the procedure provided for in this article.
10.4. The Agent shall be obliged to provide the Customer on his/her request with information about the person authorized to refund the Nominal price of the Ticket (Electronic ticket) for the Event. If the Agent does not know such a person, the Agent shall be obliged on Customer’s request to send to the Principal and/or Event Manager the inquiry message asking to name the person authorized to refund the Nominal price of the Ticket (Electronic ticket) for the Event. Within a reasonable period after receiving the information from the Principal and/or Event Manager, but no later than in 10 (ten) working days after the above moment, The Agent shall be obliged to provide the Buyer with a copy of received answer or inform the latter that there is no answer from the Principal and/or Event Manager. The provisions of this paragraph shall in no way limit the right of the Customer to contact the Principal and/or Event Manager on his/her own with request for proper explanations or refund of the Nominal price of the Ticket (Electronic ticket) for the Event.
10.5. The Customer shall confirm and agree that the procedure and reasons for refund of the Nominal price of the Ticket (Electronic ticket) for the Event, as well as the person authorized to perform such a refund, are fully brought to the notice of, known and clear to the Customer.
Article 11. Disclaimer
11.1. Under no circumstances, the Agents, its employees, manager or other associated persons (sponsors, brokers, representatives, partners, subagents or any other persons, including persons who act on behalf of the Agent) shall be liable for any direct or indirect loss, including lost profits and non-pecuniary damage incurred as a result of purchase of the Ticket (Electronic ticket) for the Event and/or Services rendered by the Agent, and in case of unauthorized access to personal data of the Customer and the third persons indicated by the Customer.
Article 12. Dispute resolution
12.1. Observation of the complaint procedure shall be mandatory while resolving the disputes arising in the process of fulfillment of this Agreement under conditions of this Offer.
12.2. All disputable issues associated with using the Services by the Customer, shall be resolved by the Parties involving personal data of the Customer and the third persons indicated by the Customer, which were provided by the Customer while paying by means of payment systems accessed from Agent’s website. If the personal data of the Customer are indicated in the way that Customer’s or Service user’s identification is impossible or extremely difficult, the Agent shall have right to dismiss Customer’s complaint and deny resolution of disputable issues.
12.3. All disputable issues associated with fulfillment of this Agreement, shall be resolved by the Parties by means of negotiations. All disputable issues shall be considered subject to available Customer’s request with indicated dispute reason, sent to Agent’s email found at Agent’s website, and written request sent to Agent’s postal address with attached documents proving the asserted claims within the period of up to 10 (ten) calendar days from the occurrence of the dispute reason. The received claim shall be considered and resolved by the Agent within the period of up to 10 (ten) calendar days.
12.4. If the Parties fail to come to an agreement on disputable issues by means of negotiations, the issues shall be resolved according to the current legislation of Ukraine at the court in the place nearest to Agent’s location.
12.5. All issues not regulated by this Offer, shall be governed by the current legislation of Ukraine.
Article 13. Other provisions
13.1. This Agreement shall be deemed concluded from the moment of payment by the Customer of Contractor’s Services according to the terms of this Offer.
13.2. By acceptance of this Offer’s conditions, the Customer confirms his/her legal competency and contractual capacity, his/her actual intent to conclude this Agreement under the conditions specified in this Offer, without any compulsion and coercion to make this Agreement, his/her full understanding of conditions and terminology used in this Offer in Ukrainian, legal usage of the bank payment card, and also realizes and confirms the liability for obligations imposed on him/her as a result of this Agreement concluding.
13.3. All information related to the subject matter of this Agreement and provided by the Parties to each other shall be deemed confidential and cannot be disclosed by any Party without written consent thereto of the other Party, except the cases provided for by the current legislation and this Agreement.
Participation Agreement for the Hack the New World Hackathon
This hackathon participation agreement (“Agreement“) constitutes a legally binding contract between you (“you” or “Participant“), your team (“your team” each member also a “Participant“) and Trust Square AG as organizer (“Organizer” or “us” or “we“) and applies to your and your team’s participation in the Hack the New World hackathon (“Hackathon“) to be held online on 15th – 17th of May 2020.
The goal of the Hackathon will be to develop innovative and disruptive solutions in the following verticals: Art & Creativity, Crisis Response, Empowerment, Education, Environment, Governance, Media & Entertainment, Mental Health, Solidarity in Action, Work, Economy, Health & Wellness (together the “Hack the New WorldChallenges“). Further details about the Hack the New WorldChallenges are set out in the Organizer Materials.
Your consent to this agreement
By registering for the Hackathon or accessing any Organizer Materials or submitting a solution for consideration in one or more of the Trust Square Challenges, You acknowledge: (i) to abide by the terms and conditions in this Agreement, and any other guidelines or instructions provided to you by Organizer or its representatives in connection with the Hackathon and Hack the New World Challenges; (ii) to comply with all applicable laws; and (iii) to be bound by the decisions of Organizer and its representatives in connection with the Hackathon and Hack the New World Challenges, which decisions are final and binding. To the extent that there is any discrepancy or inconsistency between this Agreement and any disclosures or other statements contained in any Organizer Materials, this Agreement shall govern.
Participants in the Hackathon must be at least 18 years old or have reached the age of majority in the jurisdiction in which they reside, whichever is greater.
This Hackathon is void wherever restricted by, without limitation, filing or registration requirements, or otherwise prohibited or restricted by law.
Prior to registering for this Hackathon, you must ensure that you are in compliance with any employment or other contract to which you are a party. You are responsible for ensuring that you are not prevented or restricted from participating in the Hackathon or complying with the terms of this Agreement by obligations to your employer such as, but not limited to, bans on hackathon participation, obligations regarding intellectual property and acceptance of prizes.
Hardware and software
Each participant must bring or obtain whatever hardware or software they believe they need to participate in the Hackathon (e.g. laptops, phones, etc.), including any necessary chargers.
Registration for participation
To register to be a participant in the Hackathon and obtain a ticket for the event, go to the Hackathon website https://itarena.ua/hackathon to fill out a registration form and indicate you agree to this Agreement. You will need to provide certain information about yourself to register. Registrations are limited and are on a first come, first serve basis, and Organizer has the right to end registration or limit the number of registrants at any time in its discretion.
All members of your team must meet the eligibility criteria contained in this Agreement. If any member of your team is ineligible or otherwise fails to comply with this Agreement, the team as a whole may be disqualified in Organizer’s sole discretion. Each team is solely responsible for its own cooperation and teamwork. Organizer will not officiate any dispute between members regarding their conduct, participation, cooperation, contribution, prize sharing or intellectual property ownership. You can talk to others to form teams in advance, or you can meet others and form a team during the Hackathon.
Your team’s solution and any other materials submitted in connection with the Hackathon will be referred to herein as your team’s submission (“Submission“). Submissions may include code, project entry information, team participant information, demonstration videos, and documentation. Instructions will be provided on how to submit your project and check in the code for your prototype. We will accept only one Submission per team. Winning teams may be subject to a code review at some point following the event or immediately before the winners are announced. Your team must complete its Submission before the end of the Hackathon.
Your Submission must: (i) adhere to the terms of service per this Agreement and the rules stated at the beginning of the Hackathon; (ii) not breach the terms and conditions of any embedded software or services used as part of your Submission, including Organizing Parties’ APIs and OSS license terms, which you accept separately from this Agreement when you choose to use those APIs; (iii) not contain any malicious code or backdoors; (iv) not contain, depict or refer to any crude, vulgar, obscene, sexually explicit, disparaging, discriminatory, offensive, illegal or otherwise unsuitable language, activity or other content (all as determined by Organizer in its sole discretion); (v) not contain, depict or refer to any content which disparages or refers negatively to Organizer, any of the Organizing Parties, the Hackathon, or any other person or entity (all as determined by Organizer in its sole discretion); and (vi) not contain any content that violates any law or any third party’s rights (including privacy, personality and intellectual property rights).
All code developed as part of the Hackathon must be fresh, meaning that the portion that’s included in the main source code repository has been developed explicitly for this Hackathon and that all existing dependent libraries are equally available to all participants.
All submissions must be deployed and run on any public accessible cloud and make use of any Blockchain technology to be eligible for prizes.
Before the start of the Hackathon developers can create wireframes, designs and user flows. To keep things fair, all code must be written during the duration of the Hackathon. You may use any coding languages or open-source libraries.
You or your entire team or both may be disqualified for any of the following actions, with or without warning, in Organizer’s sole discretion: (i) verbal abuse of another participant or Hackathon staff; (ii) inappropriate touching or harming of another participant or Hackathon staff; (iii) breach of this Agreement or any other agreement entered into in connection with the Hackathon; (iv) violation of or non-compliance with any section of this Agreement, (v) if any of your team members fail to submit a properly executed Agreement or (vi) violating the spirit of the Hackathon. If Organizer has reason to believe that you or your team has compromised the integrity or the legitimate operation of the Hackathon, or has attempted to compromise the integrity or the legitimate operation of the Hackathon, including, without limitation, by cheating, hacking, creating a malicious bot or other automated program, or by committing fraud in any way, or if during the Hackathon, any Hackathon, staff has reason to believe that your health is in danger, you may be required to discontinue your participation in the Hackathon. Your teammates, if any, may continue participating in the Hackathon if they so choose. All disqualification decisions are final and not subject to appeal.
Code of conduct
Harassment includes offensive verbal comments related to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, nationality, religion, sexual images in public spaces, deliberate intimidation, stalking, following, photography or audio/video recording against reasonable consent, sustained disruption of talks or other events, inappropriate physical contact, and unwelcome sexual attention. Participants asked to stop any harassing behaviour are expected to comply immediately. As this is a hackathon event we would like to explicitly note that the hacks created at our Hackathon are equally subject to the anti-harassment policy. Organizer is also subject to the anti-harassment policy. In particular, Organizer should not use sexualized images, activities, or other material. Organizer representatives (including volunteers) should not use sexualized clothing/uniforms/costumes, or otherwise create a sexualized environment.
Filming, publicity, and promotional activity
You acknowledge and understand by attending the Hackathon or any Hackathon-related event in person as a participant, that you may be photographed, videotaped or both, or otherwise recorded by Organizer or its designees (collectively “Footage“) and may be required to sign an affidavit or release for such Footage or both. You agree that all Footage, including all copyrights and other rights therein and thereto, will be owned by Organizer. You authorize Organizer and its affiliates and designees to use, copy, edit, publish, and exploit such Footage and all elements embodied therein (including; your name, your team name and your team information, likeness, submission materials, and recordings of your activities related to the Hackathon), in whole or in part, in any and all media now known or hereafter devised throughout the world, in perpetuity, for advertising, promotional activities, trade, and other purposes, without further notification, permission, or compensation. Organizer has no obligation to make use of any of the Footage.
Participants own the rights to the Submission they create during the Hackathon, subject to any license terms of the underlying Technology used in the Submission. Your team may create a prototype using data or API’s or both or other copyrightable material owned by third parties. This may mean that you or a teammate use Technology owned or licensed by a third party.
Organizer materials AS IS and AS AVAILABLE
The Organizer Materials are provided on an “as is” and “as available” basis with no warranty. To the fullest extent permissible by law, the Organizing Parties expressly disclaim all warranties of any kind, whether statutory, express, or implied with respect to the Hackathon, the Hack the New World Challenges, the prizes, and the Organizer Materials.
Winner announcement and verification
Potential winners will be announced shortly after the evaluation by the judges via E-Mail. Organizer may take any actions necessary to verify a team’s compliance with this Agreement before awarding a prize, including, without limitation, engaging a third-party vendor to evaluate the prototype software code or requiring a team to provide evidence of permission to use certain third-party materials or both. You acknowledge that even though your team may be announced as a winner, if you as an individual, or your team’s compliance with this Agreement cannot be verified to the satisfaction of Organizer, Organizer may select an alternate winner. If you or your team is chosen as a winner, you may be asked to sign additional agreements related to prizes, travel, taxes, and appearances at events from the Organizing Parties.
Limitation of liability
The Organizing Parties, their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives will not be liable to you for any direct, indirect, special or consequential damages in connection with the Hackathon or this Agreement.
To the fullest extent permitted under applicable laws, under no circumstances will the Organizing Parties their respective parent companies, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives have any liability for any loss or damage resulting directly or indirectly from, without limitation: (i) your participation in the Hackathon; (ii) your use of any Organizer Materials; (iii) your receipt, use, or redemption of any prize; (iv) your inability to receive, use, or redeem any prize; or (v) lost revenue, lost profits, lost anticipated profits, lost business, or any injury to business reputation, or cost of procurement of substitute services, under any theory of liability or cause of action, whether in tort (including negligence), contract, or otherwise, regardless of whether any of the Organizing Parties have been advised of the possibility of such damages.
You shall indemnify and hold harmless the Organizing Parties, and each of their respective parent companies, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising in connection with (i) your failure to comply with any terms of this Agreement; (ii) any misrepresentation you make under Agreement or otherwise to Organizer; (iii) your participation in the Hackathon; (iv) your receipt, use, or redemption of a prize, or your inability to receive, use, or redeem a prize; (v) your use of the products, services, documentation, data, or materials provided under this Agreement, or your Submission or the use or distributions thereof; (vi) any infringement or alleged infringement of a patent, copyright, trademark, or other intellectual property rights or proprietary right relating to this Agreement, the Hackathon, Hack the New World Challenges, or your Submission; or (vii) any breach or alleged breach by you or your team of any representation, warranty, or obligation contained in this Agreement.
The failure of Organizer to comply with any provision of this Agreement due to an act of god, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Organizer (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of this Agreement.
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Organizer reserves the right, at its sole discretion, to amend and update this Agreement at any time. Organizer will notify you of material changes to this Agreement at least 5 days prior to the change taking effect by posting a notice on the Hackathon website. Your participation in the Hackathon constitutes agreement to revisions of the Agreement.
Governing Law Legal Venue
This Agreement shall be governed by substantive Ukrainian law. The United Nations Convention on the International Sale of Goods shall not apply. Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the City of Lviv, Ukraine.
Усі учасники, спікери, спонсори та волонтери конференції повинні прийняти Правила конференції.
Організатори забезпечуватимуть дотримання Правил під час конференції. Ми очікуємо, що учасники допомагатимуть створити безпечне середовище для всіх.
Організація конференції передбачає відсутність упереджень щодо статі, віку, сексуальної орієнтації, обмежених можливостей, зовнішнього вигляду, ваги, раси, етнічної приналежності, віросповідання (або його відсутності) чи вибору технологій. Ми не толеруємо агресію та домагання в будь-якій формі. Контент, що містить сексуальний підтекст, під час конференції заборонений, включаючи виступи, воркшопи, вечірки, Twitter та інші засоби масової інформації. Учасники конференції, які порушать ці правила, будуть притягнуті до відповідальності або виключені з конференції без повернення коштів за квитки на розсуд організаторів конференції.
Порушеннями вважаються образливі коментарі щодо гендерної ідентичності, віку, сексуальної орієнтації, інвалідності, зовнішності, ваги, раси, етнічної приналежності, релігії, вибором технологій. Заборонено використовувати зображення, що містять сексуальний підтекст. Залякування, переслідування, цькування, перешкоджання ходу презентацій чи інших подій, небажаний фізичний контакт та увага сексуального характеру не толеруються.
Учасники, яким зробили зауваження про неприйнятну поведінку, повинні негайно припинити.
Спонсорам також заборонено використовувати зображення чи контент із сексуальним підтекстом. Працівникам (включаючи волонтерів) слід уникати відвертого одягу чи іншим чином непристойно поводитися. Якщо учасник конференції поводиться агресивно, організатори можуть вжити дії, які вони вважають за потрібне, включаючи попередження або заборону залишатися на конференції без повернення коштів.
Якщо з вами агресивно поводяться або ви помітили, що це відбувається з іншим учасником, або маєте якісь інші проблеми, негайно зверніться до персоналу конференції.
Щоб знайти персонал конференції, зверніть увагу на брендовану форму та/або бейджі.
Персонал радо допоможе учасникам зв'язатися з охороною готелю/місця проведення чи правоохоронними органами, надати супровід або допомогти тим, до кого проявляли агресію, щоб відчувати себе в безпеці під час конференції. Нам важлива ваша участь.
Ми очікуємо, що учасники будуть дотримуватися цих правил у місцях проведення конференції, під час воркшопів та інших заходів конференції.