Public offer
PUBLIC OFFER (CONTRACT) on providing access to information products and consulting services
The natural person Iryna Ihorivna Marchenko (Executive), in accordance with Art. 633, 641 of the Civil Code of Ukraine, an unlimited number of persons (hereinafter referred to as the “Client”) are invited to enter into a public agreement on the provision of information and advisory services (hereinafter referred to as the “Agreement”) under the following conditions:
1. BASIC CONCEPTS
A public contract is an operation for the provision of information and advisory services, which establishes separate conditions for the provision of these services for all Clients under the terms of a public offer from the moment of its acceptance by the Client (hereinafter – the “Contract”).
Public offer – the offer of the Contractor, addressed to any natural person in accordance with Article 641 of the Civil Code of Ukraine, concluded with him by the contract contained in the public offer. Such an offer is posted in the form of a public contract on the website https://healthy-food.com.ua/.
Acceptance – providing the Client with a full and unconditional response-agreement of the Executor to his offer to conclude the Contract on the terms specified by the public offer, by means of the execution (agreement) of the application for joining the Contract and/or payment of the ordered information products (services) and consulting services, which certifies the acceptance public offer. offers
The Contractor’s website is the Contractor’s official web page in the local network and on the Internet, at the address https://healthy-food.com.ua/, which is one of the main sources of information for the Client.
Subscription fee – the cost of Basic services according to the Price List, depending on the selected program for the Period of provision of Basic services.
The owner of the Agreement is a natural person who ensures the fulfillment of obligations regarding the payment of Basic services and/or Additional services provided on the basis of the current Agreement, if such obligations cannot be fulfilled by themselves.
Additional services – services provided by the Contractor for an additional fee according to the Price List (if any), which are not included in the list and cost of the Basic Services (according to the selected package).
Contract – a contract for the provision of services, concluded between the Contractor and the Client, by performing actions aimed at accepting the terms of this offer, and acting on the terms set forth in this offer.
Access restriction – temporary restriction of the Client’s access to the selected service until the circumstances that led to the blocking are completely eliminated.
The main services are access to information products and consulting services on the website according to the selected Package.
The Client is a legally competent and incapacitated natural person who has accepted the Agreement, familiarized himself with the Rules of the site, undertakes to comply with them and has given his consent to the processing of his personal data.
The calculation period for the provision of Basic and Additional services is 30 (31) or 5 calendar days from the date of payment for the services.
2. SUBJECT OF THE AGREEMENT
2.1. According to this Agreement, the Contractor is obliged to provide the Client with access to the information product and consulting services based on the Site, and the Client is obliged to pay for these Services and comply with the terms of this Agreement and all annexes to it.
2.2. The Site Rules (hereinafter referred to as “Rules”), which are defined in Example No. 2 to this Agreement and whose implementation is mandatory for the Party, apply to the website.
3. ACCEPTANCE OF THE AGREEMENT
3.1. Confirmation of full and unconditional acceptance of the public offer is the execution (agreement) by the Client and payment obligations for the ordered Services or the performance of other actions that indicate acceptance of the public offer in accordance with the terms of this Agreement.
3.2. The Agreement is considered concluded from the moment the Contractor receives an application from the Client and the Client pays for the ordered Services or performs other actions provided for by the Agreement, as a witness of the agreement to fulfill the terms of the Agreement without writing a written copy by the Parties. Actions that indicate acceptance of a public offer (the relevant Agreement) include making a payment through the Contractor’s website after registering the payment in the payment system.
3.3. The individual who accepted the Contractor’s offer to conclude the Contract confirms that he was familiar with the terms of the Contract, the rules, and the cost before concluding this Contract.
3.4. In case of termination of the Agreement at the initiative of the Client, all unfulfilled obligations of the Client under the former Agreement will be applied during the conclusion of a new Agreement, if this is initiated by the Client.
4. PROCEDURE FOR PROVIDING SERVICES AND THEIR SCOPE
4.1. According to this Agreement, the Contractor provides services to the Client in accordance with the terms of the purchased service package.
4.2. The procedure and start of the provision of Services are determined by the Rules.
4.3. Access to the service is possible only if the Agreement is paid.
4.4. The Contractor reserves the right to change the client support schedule in the event of the following grounds: establishment by the competent authorities of certain days as holidays (non-working days) or weekends; the occurrence of any circumstances, in particular related to the technical condition of the site. Visitors are notified of such schedule changes by placing relevant information on the Site or in any other way. Such changes are not considered changes to the terms of the Agreement and are made at our own discretion. In this case, the Contractor is not considered to be in breach of his obligations under the Agreement.
4.5. By accepting this Agreement, the Client confirms that he is familiar with the Rules and undertakes to comply with them, and in case of their violation or non-fulfillment, to bear responsibility in accordance with this Agreement, the Rules and norms of the current legislation of Ukraine.
4.6. The Contractor provides services to the Client according to the list that corresponds to the purchased package of basic services. The volume and types of basic and additional services (if any) are listed in the price list.
4.7. After the expiration of the purchased service package, the services are considered to have been consumed by the Client, and the Contractor is considered to have provided the services properly and in full.
4.8. The Client agrees that if, after approval of this Agreement, he withdraws from the Agreement, the funds paid for the Services are non-refundable.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The client has the right to:
5.1.1. Receive Services under the conditions and procedure stipulated by this Agreement and the Rules in accordance with the package of Services;
5.1.2. Order Additional services (if available) provided for in the Rules (Additional services are subject to additional payment);
5.1.3. Receive clarification on the terms of this Agreement and the interpretation of the Rules;
5.1.4. To require the Contractor to fulfill his obligations under this Agreement;
5.1.5. Pre-trial and maximally complete settlement of disputed issues that may arise in the implementation of the terms of this Agreement;
5.1.6. Receive information about the current Rules or their changes by reading them on the Site;
5.2. The client is obliged to:
5.2.1. Timely and in full to pay the cost of the Services under this Agreement, which correspond to the type of Service package chosen by the Client;
5.2.2. Comply with the terms of this Agreement and Site Rules.
5.3. The executor has the right to:
5.3.1. Require the Client to pay the cost of the Services in accordance with the terms of this Agreement.
5.3.2. Require the Client to comply with the terms of this Agreement and Site Rules.
5.3.3. In the event of force majeure circumstances (force majeure circumstances), suspend the provision of Services and postpone them to another time with the suspension of the Service package until the date of termination of the force majeure circumstances.
5.3.4. Change the range of services (including introducing new types and categories of service packages) without consultation with the Client.
5.3.5. Unilaterally make changes at any time at your discretion to this Agreement, Rules, cost of Services (Price List), etc. Such changes take effect from the moment the changed text is posted on the Site. The Client agrees and acknowledges that the changes made to the Agreement become effective simultaneously with the publication of such changes in the manner specified in this clause.
5.3.6. The executor has other rights stipulated by this Agreement and the current legislation of Ukraine.
5.4. The executor is obliged to:
5.4.1. To provide the Client with the Services paid by him in accordance with the category of the Service package chosen by him.
5.4.2. To ensure the provision of Services of appropriate quality that meets the terms of this Agreement and the Rules.
5.4.3. To support the functioning of the site and sections intended for use by the Client.
5.4.4. To extend the term of validity of the Service package in the cases stipulated by this Agreement and the Rules.
6. RESPONSIBILITY OF THE PARTIES AND RESOLUTION OF DISPUTES
6.1. The Contractor is not responsible for the Client achieving or not achieving the results he wanted to achieve as a result of receiving services on the site.
6.4. The Contractor is not responsible for any negative consequences that may occur if the Client has contraindications to receiving the Services due to his health. The client independently determines the possibility of the state of health to use the Services.
6.5. The Contractor is not responsible for technical inconveniences caused by the performance of seasonal, preventive or emergency works by utility services, which may affect the Contractor’s provision of services to the Client.
6.6. The Contractor is not responsible to the Client for the actions/inaction of third parties that are not provided for in the Agreement.
6.7. All disputes related to this Agreement, its conclusion or arising in the process of fulfilling the terms of this Agreement shall be resolved through negotiations between the Parties. If the dispute cannot be resolved through negotiations, it is resolved in a court of law according to the established subordination and jurisdiction of such a dispute in accordance with the current legislation of Ukraine.
6.8. For violation of the terms of the Agreement, the Parties bear responsibility established by this Agreement and the current legislation of Ukraine.
7. COST OF SERVICES AND CALCULATION PROCEDURE
7.1. The cost of services is determined by the Price List, which corresponds to the category of the Basic Services package chosen by the Client, posted on the Site.
7.2. Payment of Basic services is carried out by the owner of the Agreement on the terms of prepayment for the calculation period of provision of Basic services in full.
7.3. The client pays the cost of basic services in hryvnias or US dollars.
7.4. The Client agrees that if, after concluding this Agreement or after activating the purchased service package, the Client unilaterally withdraws from the Agreement and/or receiving services, or if the Agreement is terminated unilaterally by the Contractor due to the Client’s violation of the Rules, the funds paid by the Client in accordance to the terms of this Agreement, are not subject to return.
8. FORCE MAJEURE CIRCUMSTANCES
8.1. The Parties agreed that in the event of force majeure (acts of force majeure that does not depend on the will of the Parties), namely war, hostilities, anti-terrorist operation, mass riots, significant currency fluctuations, pandemic, quarantine and other circumstances that exclude the possibility of the Parties fulfilling their obligations, situations that significantly affect the possibility or impossibility of the Contractor to fulfill the obligations assumed under the Agreement; repair and preventive works on the site, the implementation of which was not planned by the Contractor; fires, floods and other natural disasters, the Parties are released from responsibility for failure to fulfill their obligations during the period of the specified circumstances.
8.2. The occurrence of the specified circumstances is not a reason for the Client’s refusal to pay for Services provided before the occurrence of force majeure circumstances.
9. DURATION OF THE AGREEMENT. PROCEDURE FOR ITS CHANGE AND TERMINATION
9.1. The Agreement is public and open-ended and is valid until its termination by any of the Parties in accordance with the procedure established by this Agreement or current legislation. At the same time, the Contractor’s obligations to provide Services to the Client arise from the moment of activation of the service package and are valid until the last day of the validity period of the purchased service package.
9.2. Activation of the possibility to receive services is carried out in accordance with the terms of this Agreement and the Rules.
9.3. The executor independently and in compliance with the requirements of the current legislation of Ukraine determines the terms of the Agreement. The Contractor independently has the right to change the terms of the Agreement with mandatory notification to the Clients on the Site. If the Client disagrees with the changes made to the Agreement, such Client has the right to terminate the Agreement, in accordance with the procedure set forth in the Agreement, within 7 (seven) calendar days from the day when he learned or could have learned about the changes made to the Agreement, by sending or personal submission of a corresponding written application. The Client’s failure to terminate the Agreement within the specified period and continued use of the Services indicates the Client’s agreement with the changes made to the Agreement.
9.5 In case of early termination of this Agreement at the initiative of the Contractor, the Client is considered to have received the Services, and the Contractor is considered to have provided them properly and in full.
9.6 This Agreement may be terminated by unilateral rejection. In the case of unilateral rejection of this Agreement by the Client, the funds paid by him under the Agreement are not subject to return.
9.7 Termination of the Agreement may occur at the initiative of the Contractor upon complete and irrevocable termination of the website by notifying the Client 10 calendar days before the last day of service provision.
10. OTHER TERMS
10.1. If the Client does not use his service package or does not use it in full due to pregnancy, business trip, illness and/or for any other reasons, the validity period of the purchased service package does not change, the funds paid by the Client under this Agreement are not subject to return, unless otherwise specified in this Agreement.
10.2. The Client agrees that the personal data provided by him, indicated in the application (questionnaire) of the Contractor, necessary for identification, are voluntarily transferred by the Client with permission for their processing and use for the purpose of implementing the provisions of this Agreement, in particular, but not limited to, for the notification of the Client about all changes that may occur in the operation of the site and/or informing the Client about new services.
10.3. By agreeing to this Agreement, the Client confirms that he consciously agrees to all the terms of the Agreement; familiarized with the Contractor’s Price List and Site Rules; the Client’s state of health allows him to use the Contractor’s Services in accordance with this Agreement.
11. INFORMATION ABOUT THE PERFORMER
Iryna Igorivna Marchenko
IBAN UA613220010000026202335599807
E-Mail: healthyf86@gmail.com