(PUBLIC OFFER AGREEMENT)
This Public Offer Agreement (hereinafter referred to as the Agreement), in which one party is an individual entrepreneur Melnik Dmytro Serhiyovich, registered in the Unified State Register of Legal Entities and Individual Entrepreneurs under the number 23390000000025661 dated 11.03.2019 (hereinafter referred to as the Contractor), and any person, who has accepted this offer (hereinafter referred to as the Customer), with the other party (hereinafter together – the Parties, and each separately – the Party), have entered into this Agreement, addressed to an unlimited number of persons, which is an official public offer of the Contractor to conclude an Agreement on the provision of Video courses with any Customer. Ordering and paying for the Video courses of the Contractor, the Customers accept the terms of this Agreement as follows.
1. GENERAL PROVISION
1.1. This Agreement is concluded by providing the full and unconditional consent (acceptance) of the Customer to conclude the Agreement in full, without signing a written copy of the Agreement by the Parties.
1.2. The contract is legally binding in accordance with Art. 633, 641, 642 of the Civil Code of Ukraine and is equivalent to an agreement signed by the Parties.
1.3. The Customer confirms that he has read and agreed with all the terms of this Agreement in full by acceptance.
1.4. Any of the following actions is considered acceptance of this Agreement:
– the fact of registration of the Customer on the Contractor’s website melnik.top (hereinafter referred to as the Website) and placing the Order of the Contractor’s Video courses on the Website;
– payment for the Video courses of the Contractor on the terms and in the manner determined by this Agreement, and the corresponding pages of the Website;
– written (including in electronic form by e-mail) notification of the Customer about the acceptance of the terms of this Agreement to the e-mail address indicated on the Website.
1.5. By concluding this Agreement, the Customer automatically agrees with the full and unconditional acceptance of the provisions of this Agreement, prices for Video courses and all applications that are integral parts of the Agreement.
1.6. If the Customer does not agree with the terms of the Agreement, he does not have the right to enter into this Agreement, and also does not have the right to use the Video courses under this Agreement.
2. TERMS AND DEFINITIONS.
“Public Offer Agreement” – a public contract, a sample of which is posted on the Website.
“Acceptance” – provision by the Customer of full and unconditional consent to the conclusion of this Agreement in full, without signing a written copy of the Agreement by the Parties.
“Video course”– an information product on personal and spiritual development, developed by the Contractor, containing video lectures (or podcasts), video meditations, checklists, etc., to which the User is provided with private access through the Website.
“Customer” – any capable individual, legal entity or individual entrepreneur, who has visited the Website and accepted this Agreement.
3. SUBJECT OF THE CONTRACT.
3.1. The Contractor undertakes, on the terms and in the manner determined by this Agreement, to provide the Customer with access to the Video courses that are posted on the Contractor’s Website, and the Customer undertakes to accept and pay Video courses on the terms and in the manner determined by this Agreement.
3.2. The Customer and the Contractor confirm, that this Agreement is not a fictitious or imaginary transaction, or a transaction concluded under the influence of pressure or deception.
4. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR.
4.1. The Contractor is obliged:
- to comply with the terms of this Agreement;
- to provide the Customer with a video course of proper quality;
- to inform the Customer objectively about the characteristics of the Video Courses and the conditions for their provision on the Website.
4.2. The Contractor has the right:
- to suspend the provision of services under this Agreement if the Customer violates the terms of this Agreement;
- other rights in accordance with the current legislation of Ukraine and this Agreement.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER.
5.1. The Customer is obliged:
- to pay for the ordered Video course in accordance with the terms of this Agreement;
- to consume Video courses personally, do not transfer access to Video courses materials to any third parties, do not copy or otherwise reproduce such materials, do not violate the property and non-property rights of the Contractor. In case of revealing the fact of violation of this condition, the Customer may incur administrative and / or criminal liability, which is determined by the norms of the current legislation.
5.2. The Customer has the right:
- seek advice from the Contractor regarding the characteristics and properties of the Video Courses;
- require the Contractor to provide the Video course in accordance with the terms of this Agreement;
- other rights in accordance with the current legislation of Ukraine and this Agreement.
6. ORDER PROCEDURE
7. PRICE OF THE CONTRACT AND PAYMENT PROCEDURE.
7.1. The price of each individual Video course is determined by the Contractor and is indicated in the national currency of the Contractor on the corresponding page of the corresponding Video course within the Website. The cost of the Order is determined by summing up the prices of all Video courses selected by the Customer, which are in the Cart at the moment of payment for the Order.
7.2. The Customer pays for Video Courses on the basis of this Agreement in the National Currency of Ukraine – hryvnia, making a cashless payment. If the Customer pays from any other country (outside Ukraine), during the payment for the Order the currency of the Customer’s bank account is automatically converted into Ukrainian hryvnia for the sum of the Order. The size of the commission for currency conversion may depend on the current tariff of the Customer’s bank.
8. INTELLECTUAL PROPERTY RIGHTS.
8.1. All rights to the Website belong to the Contractor.
8.2. The intellectual property rights to the materials used on the Website (including, but not exclusively, video, audio, graphics, checklists, logo) belong to the Contractor.
8.3. The Contractor can also use objects of intellectual property rights that may belong to other persons on the basis of an appropriate license, agreement or other legal basis.
8.4. The Contractor provides the Customer with a limited, non-exclusive, revocable and without the right to sublicense the right to access the materials of the relevant Video Courses solely for their personal use by the Customer in accordance with the purpose and specifics of each purchased Video Course.
8.5. By granting the right to use the materials of the Video Courses by the Customer, the Contractor does not transfer any intellectual property rights to such objects and does not grant permission to use them for purposes other than those specified in the Agreement.
9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION.
9.1. For non-fulfillment or improper fulfillment of their obligations under this Agreement, the Parties are liable in accordance with the current legislation of Ukraine.
9.2. All disputes arising from or related to this Agreement will be resolved through negotiations between the Parties.
9.3. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in
judicially according to the established jurisdiction and jurisdiction of such a dispute in accordance with the current legislation of Ukraine.
9.4. The Contractor does not bear any responsibility for failure to provide or improper provision of services to the Customer, provided that any circumstances that arose through no fault of the Contractor (namely, the occurrence of circumstances that arose through the fault or negligence of the Customer and / or the occurrence of circumstances that arose through the fault or negligence any third party (any third parties), temporary technical problems with the work of the external storage of Video courses files (this is the responsibility of the external provider providing file storage services to the Website), and / or the occurrence of force majeure).
9.5. The Contractor is not responsible for the impossibility of fulfilling the Customer’s order if such impossibility arose as a result of circumstances independent of the Contractor, including (but not limited to) disruption of communication lines, equipment malfunction etc.
9.6. The Contractor does not guarantee that the results of working with the materials of the Video Courses will 100% meet the expectations of the Customer in view of certain factors that do not depend on the Contractor. In particular:
- The Contractor is not responsible for the degree of correctness and accuracy of the execution by the Customer of the techniques and exercises of meditative practices that are present in the Video Courses, which directly affects the final result;
- The Contractor is not responsible for the Customer’s premature completion of work with the Video courses meditations, as well as for omissions, irregular work with them contrary to the recommended schedule;
- similarly, the Contractor will not be liable if the Customer will not fully comply with all the recommendations, methods and instructions that were recommended by the Contractor directly in the video lectures of the Video Courses, and which are an integral part and prescription of the complex;
- in addition, recordings of Video courses meditations are universal practices that are not able to take into account the individual and unique characteristics of each and all potential listeners at the same time (for example, visualization skills, speed of mental reaction, the level of the ability to turn off thoughts, the level of perception of images and energy, the presence or absence of work experience with meditation and related spiritual practices, etc.). In this regard, the level of results obtained in different users of Video courses, may differ.
At the same time, the YouTube channel ‘’Healing of the Soul’’, authored by the Contractor, contains all typical meditations in the public domain, which allows any potential Customer to check and evaluate before ordering Video Courses the quality, effectiveness and efficiency of certain meditations personally for him, taking into account his individual characteristics.
9.7. The overall responsibility of the Contractor for non-fulfillment or improper fulfillment of the terms of this Agreement is limited to the amount of the Customer’s payment made on the basis of this Agreement.
10. FORCE MAJEURE CIRCUMSTANCES.
10.1. The Parties are released from liability for non-fulfillment or improper fulfillment of the obligations provided for in this Agreement, if it arose as a result of force majeure.
10.2. Force majeure in this Agreement means any circumstances that have arisen against the will or against the will or will of the Parties, and which cannot be foreseen or avoided, including: military action, civil unrest, epidemics, blockade, earthquakes, floods, fires, as well as decisions or orders of state authorities and administration of the state of which the Customer is a resident, or of the state of which the Contractor is a resident, as a result of which additional obligations or additional restrictions are imposed on the Parties (or one of the Parties), and which make further full or partial performance impossible Of the Agreement, as well as other actions or events that exist beyond the will of the Parties.
10.3. If force majeure circumstances continue for more than three months in a row, then each of the Parties will have the right to refuse to further fulfill its obligations under this Agreement, and, in this case, neither Party will have the right to reimburse the other Party for possible losses.
11. OTHER CONDITIONS OF THE CONTRACT.
11.2. The Contractor may change the terms of this Agreement unilaterally with prior notice to the Customer. In case of disagreement with the changed conditions, the Customer has the right to terminate the Agreement unilaterally.
11.3. Unless otherwise isn’t provided by this Agreement, the usual contractual conditions established by law are applied.