Public Offer
PUBLIC OFFER AGREEMENT
PREAMBLE
1.1. This Agreement is a public offer pursuant to Articles 633, 641, and 644 of the Civil Code of Ukraine.
2. SUBJECT MATTER
2.1. This Agreement of the website https://upu.com.ua/ru/ (hereinafter also referred to as the “Website”) for the selection, calculation, ordering, purchase, processing, and sale of Services sets forth the basic terms and conditions for obtaining the Services listed on the Website.
2.2. The information on the Website, provided in the form of advertisements, articles, and notices—which, in particular but not exclusively, constitute the content (which is interpreted as content and informational material), is made available to users for the purpose of informing and advising them about the Services, as well as the procedure for their provision, and accordingly does not contain any recommendations or incitements to take actions that are prohibited by the laws of Ukraine or aimed at the unlawful enrichment of the owner of the Website.
2.3. By seeking to obtain the Services provided on the Website, the User accepts the terms of this Agreement (hereinafter also referred to as the “Agreement”) in its current version.
2.4. By entering into the Agreement (i.e., by accepting the terms of this offer (hereinafter also referred to as the “Offer”) by placing an Order), the User confirms the following:
He or she is fully and completely familiar with and agrees to the terms of this offer;
He/she grants permission for the collection, processing, and transfer of personal data, which remains in effect for the entire term of the Agreement, as well as for an unlimited period after its expiration. The User also confirms that he/she has been informed (without additional notice
He grants consent to the collection, processing, and transfer of personal data, which remains in effect for the entire term of the Agreement, as well as for an unlimited period after its expiration. The User also confirms that he has been informed (without additional notice) of the rights established by the Law of Ukraine “On the Protection of Personal Data,” the purposes of data collection, and the fact that their personal data is transferred to the Service Provider to enable the fulfillment of the terms of this Agreement, namely: the provision of the Services specified on the website, as well as the processing of payments.
3. DEFINITIONS
3.1. Website Administration (hereinafter also referred to as the “Administration”) — the owner of the website or persons authorized by the owner to provide technical support for the proper receipt of information about the Services, as well as to advise on the procedures for obtaining, registering, and buying/selling them through feedback channels.
3.2. Acceptance — acceptance of the Offer, which constitutes full and unconditional agreement to the terms of this Agreement during the selection, calculation of cost, placement of an order, and completion of documentation for the purchase of the Website’s Services, carried out by placing an Order.
3.3. Order — the User’s decision to receive a Service, which is formalized by submitting a request for one of the Services provided on the Website. Placing an Order may involve full or partial payment, and a specific payment term may apply. The User is not limited in the number of Orders.
3.4. Support — a set of actions performed by the Website Administration that constitute technical support (maintenance), including automated support aimed at providing consultations, processing, and selling Services.
3.5. User — a natural or legal person who uses the Website to order Services provided by Service Providers.
3.6. Service Providers—a public organization and other legal entities, as well as individual entrepreneurs, who are registered in accordance with the procedures established by Ukrainian law and hold special permits (licenses, etc.) to provide the Services, a list of which is posted on the Website.
3.7. Public Offer (hereinafter also referred to as the “Offer”)—a public proposal by the Website addressed to an indefinite group of persons regarding the conclusion of a Contract for the Provision of Services by remote means (hereinafter also referred to as the “Contract”) on identical terms for all users, as set forth in this Offer, including all Annexes.
3.8. Parties to the Agreement—the website https://upu.com.ua/ru/ and the User who has accepted the terms of this Offer.
3.9. Service—a set of actions provided by the Website Administration to the User. The type of Service is selected by the User independently when placing an Order from the options provided on the Website. The list of Services on the Website is exhaustive and does not imply the provision of any related and/or additional Services not specified on the Website. The types of Services may be changed by the Website Administration unilaterally without notifying users.
4. PRICES FOR SERVICES AND PAYMENTS
4.1. The price for each Service is listed on the Website.
4.2. The Website Administration reserves the right to unilaterally change the price of any Service without notifying Website users.
4.3. The User has the right to confirm or cancel an Order for the purchase of a Service if the Price is changed after the Order is placed.
4.4. The Website Administration may not change the Price of a Service that has already been paid for by the User.
4.5. The User’s obligation to pay for the Service is considered fulfilled upon receipt of funds in the bank account specified by the Website.
4.6. Payments between the User and the Website for the Service are made using the methods specified on the Website. The User independently selects a payment method for the Service from the options provided for the selected type of Service.
4.7. The User agrees to pay all transaction fees and other bank charges that may be added to the cost of the Services.
4.8. Upon selecting a payment method, the User shall provide all necessary payment card details to complete the payment (card number, expiration date, CVV code, and other details as required).
5. PLACING AN ORDER.
5.1. The User places an order for the Service through the website https://upu.com.ua/ru/, which allows the User to select from the Services offered on the website.
5.2. To place an Order, the User must register on the website, during which the User agrees to provide the following registration information:
5.2.1. Last name and first name of the User or the person specified by the User (recipient);
5.2.2. Email address;
5.2.3. Contact phone number.
During registration, the User’s mobile phone number is used as the login, and a one-time password is automatically generated and sent to the specified mobile phone number. The website also offers a simplified registration form that can be completed via a Facebook or Google profile, provided the User supplies all necessary information.
5.3. If the Website requires additional information, it has the right to send the User a request for such information by sending a corresponding notification.
5.4. If the User fails to provide the necessary information or provides inaccurate information to the Website during registration and when placing an Order, the Website shall not be liable to the User for failure to provide the Service or for providing the Service improperly (including a substandard Service).
5.5. Acceptance of the terms of this Offer is effected by the User entering the relevant data into the registration form on the Website; the User’s data is recorded in the Website’s database.
5.6. The contract between the User and the Website is deemed to have been concluded remotely upon the electronic submission of the Order via the Website’s service.
6. SERVICE DELIVERY
6.1. The User selects the method of Service delivery from the options provided for each type of Service.
6.2. For certain delivery methods provided by third parties (postal services, courier services, etc.), additional fees may apply in accordance with the rates of the relevant legal entity; information regarding such additional fees shall be communicated to the User by posting a corresponding notice on the Website.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The User has the right to:
- use the Website to obtain information about the Services, specifically regarding the list and types of Services, their cost, and the procedure for providing them;
- place Orders for Services personally, as well as on behalf of or for the benefit of third parties, provided the User has the appropriate authority as required by the current legislation of Ukraine;
- receive properly rendered Services, the list of which is provided on the Website, provided that all conditions set forth by the Website for receiving the Services are met.
7.2. The User is obligated to:
- comply with all necessary terms and conditions specified on the Website during registration and when placing an Order for Services.
7.3. The Website has the right to:
- Make any changes to the Website, which take effect upon publication without notifying users;
- Change the cost and list of Services without notifying users;
- Suspend the operation of the Website when technical work is required;
- Refuse to provide the Service to the User in the event of technical work being performed on the Website or if the Service Provider directly refuses to provide the Service selected by the User, including in the absence of a response from the Service Provider, as well as in the event that the User fails to comply with all necessary conditions specified on the website when ordering and registering for the Service (failure to enter the required information during registration, failure to make payment within the specified time frame, etc.).
- Collect information about Users of the Website for the purpose of notifying them of special offers and promotions that will be or are already being offered on the Website;
- Offer Users additional paid and free services, both at the Order stage and during the checkout process, as well as provide information on payment procedures as needed.
7.4. The Website must:
- Provide high-quality services that correspond to the list specified on the Website;
- In the event that information is received from Service Providers regarding changes to the procedure for providing their services, inform users of such changes by publishing relevant announcements on the Website.
8. LIABILITY OF THE PARTIES
8.1. The Website shall not be liable for improper or untimely performance, or for failure to perform its obligations under this Agreement, in the event that the User provides inaccurate or false information.
8.2. The Website acts as an intermediary between Service Providers and Users and, accordingly, shall not be liable for, nor shall it participate in, any disputes arising after the Website has fulfilled its obligations, specifically after the Service has been provided. The User has the right to file all claims regarding the quality of the Service after its purchase directly with the Service Provider.
8.3. The Website and the User are liable for failure to fulfill their obligations in accordance with the applicable laws of Ukraine and the provisions of this Agreement.
8.4. The Website and the User are exempt from liability for the total or partial failure to fulfill their obligations if such failure occurred independently of the will and actions of the Website or the User, and as a result of force majeure circumstances such as: natural disasters, war or military actions, earthquakes, floods, fires, epidemics, and other circumstances. The Party unable to fulfill its obligations shall immediately notify the other Party to this Agreement thereof; in doing so, the Party shall have the right to invoke force majeure by providing the other Party with a certificate from the Ukrainian Chamber of Commerce and Industry or another competent authority.
9. AMENDMENTS TO AND TERMINATION OF THE AGREEMENT
9.1. The Website reserves the right to unilaterally amend the provisions of this Agreement without notifying users.
9.2. The User automatically accepts any amendments made to this Agreement upon continued use of the Website’s Services.
9.3. This Agreement may be terminated at the initiative of either Party, provided that the other Party is notified in writing via postal mail.
10. CONFIDENTIALITY
10.1. The Website guarantees the confidentiality of the information that the User provides during registration and when placing an Order.
10.2. The transfer of Users’ personal data to Service Providers is not considered a violation of the provisions of this Privacy Agreement, as it is necessary for the Website to fulfill its obligations to provide Services under this Agreement.
10.3. The Website guarantees that the personal data provided by the User will not be used by the Website for commercial purposes, on third-party websites, or for sending spam.
11. TERM OF THE AGREEMENT
11.1. This Agreement shall enter into force upon its execution (the User’s Acceptance) and shall remain in effect until the Parties have fully fulfilled their obligations under this Agreement.
12. SERVICE PROVIDER
The service provider under this Offer is Individual Entrepreneur Nina Volodymyrivna Savchenko, address: 02410, Kyiv, 8 Heroiv Stalingradu St., Bldg. 7, Apt. 33, account UA943052990000026000006700824 at JSC CB “PRIVATBANK,” Tel. +38 0679996685