Term & Condition
STANDARD FORM SERVICES CONTRACT
Individual entrepreneur Iryna Mykhailivna Rizvanova, acting on the basis of Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations, having regard to articles 633, 634 of the Civil Code of Ukraine, offers an unlimited number of persons to receive services for the delivery of Gifts throughout Ukraine in accordance with the provisions of this Standard Form Contract (hereinafter referred to as the Contract).
- TERMS AND DEFINITIONS
- Authorization is the process of analysis with the Service of the identification data provided by the Client, according to the results of which the Client's right to receive services is determined.
- The Provider is individual entrepreneur Iryna Mykhailivna Rizvanova, who provides services.
- Order means duly executed Client's request for purchase and delivery of Gifts selected on the site to the address specified by Client.
- Gifts are flowers, toys, assorted fruits, sweets and other goods presented for ordering and receiving services for their delivery on the Site.
- Standard Form Contract is a deed regulating the relationship between the Provider and Clients regarding the provision of services for the delivery of Gifts on the terms established by the Freight Forwarder.
- Service is a system that provides information and technology services to Clients, provides an opportunity to independently order, manage the list of services enumerated and available in the system, receive information about the history of ordered services and/or payments for them, independently manage if available, your account (Wallet), including using the “Cabinet” service, etc.
- Site is a set of data, electronic (digital) information, other objects of copyright and/or related rights, etc., related and structured within the address www.giftsforukraine.com/, the access to which is carried out through the specified address of the Internet.
- General Provisions
- The Contract is concluded in accordance with the provisions of Art. 633, 634 of the Civil Code of Ukraine.
- The Client is obliged to carefully read this Contract. The use of Site and its services is allowed only to the Client who has accepted all the terms of this Standard Form Contract, including the terms of confidentiality, personal data protection and other requirements and rules provided on the Site. By using any part of the Site and/or its services, the Client agrees to be bound by the terms of hereto with the Provider.
- Terms of the Contract apply to all users of the Site — both to users who do not have an account on the Site (unregistered user) and to users who have any account of the available types. An account is a set of information about the user provided by he/she and authorization data (login, password).
- The Client has no right to use the Site and/or its services and cannot accept the Contract terms if he/she has not reached the statutory age when a person has the right to enter into such contracts.
- Access to personalized services of the Site is possible only for a registered Client who created an account using authorization data.
- The Contract shall be binding upon the Provider from the date of its publication on the websitewww.giftsforukraine.com/.
- The Contract shall be binding upon the Client from the moment of acceptance of the Provider's proposal on the conclusion of the Contract.
- The Contract is concluded by joining the Client to the Contract proposed by the Provider in general and acceptance of all essential terms thereto without signing a written copy and has legal force in accordance with the provisions of Art. 633, 634 of the Civil Code of Ukraine. The Client cannot offer its terms and conditions of the Contract.
- SUBJECT OF THE CONTRACT
- The Provider undertakes to provide services of delivery of Gifts (hereinafter referred to as the Services) for a fee and at the expense of the Client, and the Client undertakes to accept them and pay for them on the terms specified in the Contract.
- The Provider provides the Client with Services under the conditions provided for hereto.
- By ordering the Services provided for in the Contract, the Client confirms that he/she is acquainted and agrees with the provisions of the Contract, the terms of Services provision, valid at the time of the order of Services and undertakes to fulfill them.
- REGISTRATION OF THE CLIENT
4.1.1. Confirmation of the Client's consent with the terms hereto, the rules of Service provision by selecting the appropriate item during the Registration;
4.1.2. Filling in the form of registration of the Client by entering certain identification data of the Client, allowing establish/confirm the conclusion of this Contract and/or the use of a certain service in the future, determination of identification data in the form of login and password, which are necessary for access to the services of the Site.
4.2. The Contract shall be deemed concluded from the moment the Client has committed all of the above actions, as well as received the corresponding notification of registration and password in the Service. Conclusion of the Contract means that the Client is fully acquainted with the terms of service provision, operation of the Service.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Client has the right to use the website and/or its services in full, indicating the service of the need for appropriate operations. A detailed description of all services of the Service is available on the site of the Service. The right to use the Service after registration of the Client is exclusive and undelegated.
5.2. The Client has the right to refuse to use the Site and/or its services at any time.
5.3. Pursuant to the current legislation, at the request of the service, the Client, for the purpose of ordering the service and/or carrying out its payment undertakes to provide the Service with identification information about the Client (surname, first name, patronymic, details of the identity document (passport)). In case of failure to fulfill the specified obligation by the Client, the Service may suspend the service provision until the Client fulfills the specified obligation.
5.4. If the Client believes that the Site contains information violating his/her rights, the Client is obliged to inform the Provider about it and provide it with information confirming this violation of rights. If the Client provides false information about the violation of his/her rights, he/she shall be fully responsible for the damage caused (including costs, fees and payment for legal services).
5.5. The Client is no allowed:
- to create multiple accounts, if in fact they belong to the same person;
- to perform actions aimed at misleading other Clients;
- to provide his/her account and/or login and password for use by third parties
- to register an account on behalf of or instead of another person
- to use any computer programs conducting automated collection of information on the Site
- to carry out illegal collection, systematization, storage or distribution of personal information of other users;
- to attempt to gain access to the account and/or to receive login and password of another Client in any way, including, but not limited to, by fraud, abuse of trust, attacking login and password;
- to post information (including any material) that violates copyrights, trademark rights for goods and services, industrial property rights and/or rights to other intellectual property;
- to post information and materials that violate the rights and legitimate interests of third parties ;
- to post materials of advertising, erotic, pornographic or offensive nature;
- to promote or stoke religious, racial or ethnic tension;
- to commit actions that violate the rights and freedoms, honor and dignity of any person;
- to insult anyone;
- to use coarse language, even if is is masked by other symbols (for example: asterisks)
- to misuse the placement of information that does not carry a semantic load;
- to provoke, start and/or support text dialogues that can lead to conflict between Clients and/or the Site Administration;
- to post computer viruses or programs that can interrupt or disrupt the normal functionality of computer hardware and software, as well as means of telecommunications of any person.
Rights and obligations of the Provider:
5.6. The Provider shall have the right to unilaterally change the functionality of the Site, information about available services and conditions of their use and other information;
5.7. The Provider shall have the right to delete from the system the Client, who indicated inaccurate data or violated other terms of hereto;
5.8. The Provider shall have the right to unilaterally change the provisions hereto.
- RESPONSIBILITIES OF THE PARTIES
- Responsibility of the Client:
- any actions performed using the account and/or login and password of the Client are considered to be fulfilled by this Client;
- for violation of the terms hereto, the Provider has the right to block Client's access to the Site or its services without prior notice and/or delete the Client's account;
- in case of Client's posting of information on the Site or other actions that do not meet the terms of the Contract, the Provider has the right to delete information posted by the Client in whole or partial, without notice, at its sole discretion, including information in respect of which it is difficult to determine compliance with the Contract and/or applicable law;
- the Client is solely responsible for any use of information published on the Site.
- Responsibility of the Provider. The Provider
- does not assume obligations to verify, change and control information located by anyone other than the Provider on the Site or its services does not guarantee and is not responsible for the accuracy of such information, its legality, quality and compliance with specific requests and needs of the Site's Clients.
- is not responsible for the use by third parties of the information posted by the Client on the Site by third parties, including copying, reproduction and distribution, carried out both within the Site and in other possible ways.
- INTELLECTUAL PROPERTY
- This Contract does not provide the Client with any property rights to any objects of intellectual property of the Provider or third parties, and all property rights regarding such property remain exclusively for the Provider and/or the relevant third party.
- The Client is prohibited from any commercial use of any information and intellectual property objects posted on the Site without written permission of the respective copyright holder.
- The Client who places any information containing intellectual property, including, but not limited to, text, graphics, audio and video products, computer programs, databases, trademarks for goods and services, etc. on the Site, guarantees that uploading to the Site, copying and use of this information and/or intellectual property objects contained therein will not violate the rights of third parties.
- The Parties undertake to take all necessary measures for the security and protection of information and documents, which are exchanged in the Service or which are available to the Parties in connection with the use of the Services on the Site of the Provider.
- The Client undertakes to take all necessary measures to preserve confidentiality, prevent unauthorized use and protect identification data from unauthorized access by third parties.
- The Provider undertakes to observe confidentiality regarding the Client's personal data, as well as other information about the Client, which became known to it as related to the Client's use of services of the Provider, except for cases provided by the current legislation.
- In cases when using the Site and/or its services, the Client in any way became aware of the information concerning the Provider and/or third parties, which refers to confidential and/or commercial secrets according to the legislation of Ukraine, the Client is prohibited to store, use and distribute such information.
- The Client confirms that he/she has read and fully accepted the above terms of confidentiality between the Client and the Provider.
- CONDITIONS FOR THE PROTECTION OF PERSONAL DATA
- By accepting the terms hereto, the Client gives his/her consent to the inclusion and processing (collection, registration, accumulation, storage, adaptation, modification, renewal, use, distribution, depersonalization, destruction, etc.) of personal data to the Provider's database in the understanding of the Law of Ukraine «On Personal Data Protection” No. 2297-VI dated June 01, 2010.
- The Client confirms that he/she was informed about the inclusion of his/her personal data to the Provider's database, the purpose of collecting and processing his/her personal data and its transfer to third parties, the conditions of his/her consent to the processing of personal data do not require a separate notification regarding the inclusion/change of information about his/her to the database of personal data and/or transfer to any third parties, as well as he/she is familiar with his/her rights as a subject of personal data, in accordance with Art. 8 of the Law of Ukraine “On Protection of Personal Data” No. 2297-VI dated June 01, 2010.
- SETTLEMENT OF DISPUTES
- All disputes and disagreements arising during the execution of the Contract shall be settled by the Parties through negotiations and via procedure of pre-trial settlement of the dispute.
- If it is impossible to settle the dispute through negotiations and via procedure of pre-trial settlement, the disputes between the Parties shall be resolved in accordance with the current legislation of Ukraine.
- The Provider is a single tax payer at a rate of 5% in accordance with the Tax Code of Ukraine.
- The Provider shall not be liable for damages or losses incurred by the Client or third parties as a result of erroneous understanding or misunderstanding of the terms of this Contract, instructions on the Site use and/or its services, loyalty programs, regarding the order of data posting and other technical issues.
- The Client provider the Provider or third parties with the right to send him/her e-mails, SMS messages containing information about the Site, available services, services of the Provider or advertising information.
- In case if any part of this Contract is declared invalid, the remaining parts of the Contract survive. The refusal of any party from any provision or condition hereto, or any violation thereof, does not invalidate this provision or condition.
- The Site and its services are provided by the Provider to Clients in the form in which they were created to achieve the goals of the Provider. The Provider does not guarantee the Site compliance and/or its services with the goals and expectations of the Clients, as well as its uninterrupted and error-free operation.
- The Provider has the right to terminate the Contract in case of violation by the Client of its terms or on other grounds stipulated by the current legislation.
- All legal relations arising from the Contract or related to it, in particular concerning validity, conclusion, execution, modification and termination of the Contract, interpretation of its terms, the definition of consequences of invalidity or breach of it are regulated by the Contract and the relevant norms of the current legislation of Ukraine.
LOCATION AND DETAILS OF THE PROVIDER
Individual entrepreneur Iryna Mykhailivna Rizvanova
UAH 94325321 00000 35702053749732
at JSC CB PRIVATBANK
Telephone 0322 327 707
Individual entrepreneur Iryna Mykhailivna Rizvanova
UAH 94325321 00000 35702053749732
at JSC CB PRIVATBANK
Telephone 0322 327 707