The individual entrepreneur Yuliia Viacheslavivna Grunkovska (Tax ID: 3540111448) (hereinafter the "Provider"), on the one hand, and any legal entity, individual entrepreneur, or natural person (hereinafter the "Customer") who has accepted this public offer agreement (hereinafter the "Agreement" or "Offer") and paid the cost of the Provider's consulting and information services, on the other hand, hereinafter jointly referred to as the "Parties", acting on the basis of free will, deliberately, knowingly, and voluntarily, without any coercion, without violating the rights of third parties, having reached agreement on all material terms, the establishment, modification, and termination of obligations, wishing for the actual occurrence of the legal consequences set out below, without being mistaken as to the circumstances set out below, acting free from any deception, guided by Article 6 "Acts of civil legislation and the contract", Article 11 "Grounds for the emergence of civil rights and obligations", Section I "General provisions on obligations", Section III "Business entities", and Section IV "Economic obligations"; and in accordance with Article 642 of the Civil Code of Ukraine, this Agreement is deemed concluded from the moment the Customer accepts the proposal to conclude the Agreement (acceptance). Pursuant to Articles 633, 641, and 644 of the Civil Code of Ukraine, the Parties have concluded this agreement as follows:
1. DEFINITIONS
1.1. Public offer agreement — an agreement publicly concluded between the Customer and the Provider on the terms for providing information services (courses).
1.2. Website — a set of web pages available on the Internet that belong to the Provider and contain the current list of information services and their cost, at the URL: http://grunkovskaya-academy.com.ua.
1.3. Course — an information service related to providing specialized information on nail care, together with other information containing the Provider's professional explanations and practical recommendations. Materials are delivered remotely over the Internet.
1.4. Website Guest — any legal entity, individual entrepreneur, or natural person who is reviewing the Provider's proposal but has not yet accepted the Offer.
1.5. Proposal — information about the information services (the sale of nail courses) posted by the Provider on the Website, including information about the services, prices, payment methods, discounts and promotional offers, and other conditions for purchasing the services. The terms of the Proposals posted on the Website are set by the Provider.
1.6. Acceptance of the offer — the full and unconditional acceptance of the terms of this Offer by taking actions to order the Course through the Website (http://grunkovskaya-academy.com.ua) and paying the Provider's invoice on the terms set out in this Offer. The date of acceptance is the date the Customer's funds are credited to the Provider's settlement account.
1.7. Plan — a structured list of prices for access to the Course. The cost of access to the Course depends on the purchase conditions specified by the Provider on the Website: http://grunkovskaya-academy.com.ua
2. SUBJECT OF THE AGREEMENT
2.1. The Customer engages, and the Provider undertakes, to provide the Customer remotely over the Internet with a set of information services covered by the Course, consisting of informational content and video materials that use the course materials. The Subject of the agreement includes the full list of services and the dates and duration of the services posted on the pages of the Website: http://grunkovskaya-academy.com.ua (and its subdomains).
2.2. Information about the Proposals shown on the Website (http://grunkovskaya-academy.com.ua) is dynamic. This means the information may be updated, changed, supplemented, or deleted by the Provider at any time without prior notice to the Website Guest or the Customer. The owner of the Website (the Provider) has the right to make changes to the terms of this Offer at any time. Changes take effect from the moment a new version of the Offer is posted on the Website and do not require additional notice to the Website Guest or the Customer.
2.3. All information available on the Provider's Website is an integral part of this Offer. This Offer is an open and publicly available document. The current version of the Agreement is posted at http://grunkovskaya-academy.com.ua/oferta and is available for review before the Customer accepts the terms of the Offer.
2.4. This Agreement is public within the meaning of Article 633 of the Civil Code of Ukraine. By entering into this Agreement, the Customer warrants that: they have the legal right to enter into this Agreement in order to use the information services obtained under it for their own needs; all information provided by the Customer is accurate, correct, and complete; the Customer will not give other persons access to the information product — the nail course — will not transfer it to third parties, will not unlawfully distribute it on the Internet, and will not modify it or present it as a new independent information product.
2.5. A breach of the warranties in clause 2.4 of this Offer results in liability being imposed on the Customer in the amount and manner set out in this Agreement.
3. PROCEDURE FOR CONCLUDING THE AGREEMENT (ACCEPTANCE OF THE OFFER)
3.1. The Agreement is concluded by the Customer's accession to this Offer. The Customer fully and unconditionally accepts the terms of this Agreement in their entirety, without any other conditions, exceptions, or reservations.
3.2. The Customer confirms that, before concluding this Agreement, they were fully and properly acquainted with all of its provisions and accepted them of their own free will without any coercion. The Customer accepts the Offer by taking one of the following actions:
3.2.1. Payment of the full cost of the Provider's services to the settlement account based on the details received from the Provider, or via the payment link provided, through a remote banking system or a money-transfer service (Internet acquiring).
3.3. The date of conclusion of the Agreement is the date the funds are credited to the Provider's settlement account.
4. PRICES AND PAYMENT FOR SERVICES
4.1. The price of each individual Proposal is set by the Provider and stated on the relevant page of the Website. The price of the Agreement is determined by adding the prices of all information services chosen by the Customer.
4.2. The Provider's information services are provided in full subject to their 100% (one hundred percent) prepayment by the Customer on the terms and within the deadlines set out in this Agreement.
4.3. Payment for the services is made by transferring funds to the Provider's settlement account or via the payment link provided, through a remote banking system or a money-transfer service (Internet acquiring).
4.4. The Customer pays in full for the Provider's services using a remote banking system or a money-transfer service (Internet acquiring).
4.5. Refunds are made by the Provider at its own discretion. The Provider has the right to change the Plans for the services unilaterally. The Provider publishes information about such changes on its Website. This clause does not apply where the Customer has already paid for the services by full prepayment or through a trust-based or bank installment plan. In accordance with Part 2 of Article 524 of the Civil Code of Ukraine, the Parties define the monetary equivalent of the Customer's obligation to pay the cost of the services provided under this Public Agreement. Settlement is made in the national currency — the hryvnia — by determining the equivalent of the hryvnia-to-US-dollar rate at the moment of payment, at the foreign-currency selling rate set by the National Bank of Ukraine. If the Customer is a tax resident of a foreign jurisdiction, the payment currency for settlement under this Agreement may be changed by written agreement of the Parties. The Customer is deemed to have paid for the Provider's services when the funds are credited to the Provider's settlement account.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Obligations of the Provider:
5.1.1. To provide the Customer with access to the Service and the Course in a timely manner, within 3 (three) business days, in compliance with the terms of this Offer;
5.1.2. Not to distribute information received from the Customer or from other sources that goes beyond the terms of this Offer, in the course of the Provider performing its obligations under this Offer, in accordance with the current legislation of Ukraine;
5.1.3. To promptly inform the Customer if the information they have provided does not meet the Provider's requirements or the current legislation of Ukraine;
5.2. Obligations of the Customer:
5.2.1. To provide the Provider, in a timely, accurate, and complete manner, with all information necessary for the provision of the Services;
5.2.2. To promptly send the Provider all of their wishes regarding the subject of this Offer in writing;
5.2.3. To pay for the Services in a timely manner and in full;
5.2.4. To sign the Certificate of Services Rendered within 3 (three) business days of receiving it;
5.2.5. If the Customer does not request the Certificate of Services Rendered within 3 (three) business days after the Provider notifies them that the services have been completed, or if it is not signed within 3 (three) business days after it is provided, and the Provider has not received a reasoned refusal to accept the services (to sign the Certificate), then the Certificate of Services Rendered is deemed signed, and the Services performed are deemed rendered properly and in full without any comments or claims on the part of the Customer. The legal consequences of this are equivalent to the legal consequences of signing the Certificate of Services Rendered;
5.2.6. To refrain from any actions that could cause reputational harm to the Provider;
5.2.7. By entering into this Agreement, the Customer consents to the Provider processing and publishing information — namely results (achievements) and reviews addressed to the Provider through electronic communication channels — at the Provider's discretion and in a manner it finds convenient;
5.2.8. Not to distribute (or reproduce in any form) information materials provided by the Provider publicly, and not to give access to the course to third parties who are not a Party to the Agreement and did not purchase the course for completion by several persons.
5.3. Rights of the Provider:
5.3.1. The Provider has the right to receive, in a timely manner, the information needed to provide the Services;
5.3.2. The Provider has the right to suspend the provision of services, with simultaneous notice to the Customer, if the Customer fails to comply with any arrangements and obligations agreed when concluding this Offer or during its performance, whether in writing or orally; if the Customer creates conditions of a technical or economic nature, for any reason, that prevent the normal completion of this Offer; or in the event of late or incomplete payment for the services. In the cases listed above, once the reasons for suspending the Offer are removed, the Agreement may be terminated immediately and unilaterally by the Provider (through the fault of the Customer). In this case, the results of the services rendered are not transferred to the Customer. The Customer's access to the Provider's information product is closed immediately. The services are resumed only after the Customer removes the reasons that led to the suspension of the Services (at the Provider's discretion). The deadline for performing the Services is automatically extended by the length of the downtime;
5.3.3. To engage third parties — mentors, coaches, and so on — in the direct provision of services under this Agreement;
5.3.4. To unilaterally change the terms of the Offer without re-concluding it, by publishing the changes on the Website.
5.4. Rights of the Customer:
5.4.1. To receive information services in the scope and on the terms provided for by this Agreement;
5.4.2. While using the information services, to receive the necessary information and assistance from the Provider and from the third parties the Provider has engaged to provide the services.
6. TERM AND TERMINATION OF THE AGREEMENT
6.1. This Offer is effective from the moment it is published on the Internet on the Provider's Website, takes legal effect from the moment the Customer accepts the offer, and is valid until the Provider has performed the Services under this Offer.
6.2. All amendments and additions to this Offer are legally valid only if made in a written document certified by the signatures and seals of the authorized representatives (if any) of the Parties. The Offer may be terminated by agreement of the Parties.
6.3. Upon termination of the Offer or expiry of its term, the Provider has the right to retain all information about the Customer that is available in electronic form.
6.4. The Customer has the right to refuse the paid information services without the right to demand a refund of the amount paid for those services, except in the cases set out in this Agreement.
7. LIABILITY
7.1. For failure to perform or improper performance of obligations under this Offer, the Parties bear liability in accordance with the legislation of Ukraine.
7.2. Under no circumstances is the Provider liable under this Agreement for:
a) any acts/omissions that are the direct or indirect result of the acts/omissions of any third parties;
b) any indirect losses and/or lost profits of the Customer and/or third parties, regardless of whether the Provider could have foreseen the possibility of such losses;
c) the use (or inability to use) and any consequences of the use (or inability to use) by the Customer of the payment method they chose under the Agreement.
7.3. The Provider's total liability under the Agreement, for any lawsuit or claim relating to the Agreement or its performance, is limited to the amount of the payment made to the Provider by the Customer under the Agreement.
7.4. The Customer is responsible for the accuracy of the warranties the Customer has given the Provider. In the event of a breach of clause 2.6 of this Agreement, the Customer bears liability in accordance with the legislation of Ukraine.
7.5. If the Provider discovers a breach of clause 5.2.8 of this Agreement, the User undertakes to pay a penalty of 300% of the cost of the Course they chose. Breaches may be documented by screenshots, software tools, evidence of third-party access to the Service, or any other reasonable means.
7.6. Applying sanctions to the Customer is a right of the Provider, and the sanctions may be applied to the Customer in whole or in part at the Provider's own discretion.
8. DISPUTE RESOLUTION
8.1. All disputes arising out of or in connection with this Agreement are resolved through negotiations between the Parties.
8.2. If a dispute cannot be resolved through negotiations, it is resolved in court in accordance with the jurisdiction and venue established for such a dispute under the legislation in force in Ukraine.
9. FORCE MAJEURE
9.1. A Party is released from liability, as defined by this Agreement and/or the law applicable to it, for full or partial breach of the Agreement if it proves that such breach occurred as a result of force majeure circumstances defined in this Agreement, provided that their occurrence was certified in the manner set out in this Agreement.
9.2. Force majeure circumstances in this Agreement mean an act of God or an event of insuperable force, which are defined in this Agreement as grounds for release from liability for breach of the Agreement.
9.2.1. Insuperable force in this Agreement means any extraordinary events of a nature external to the Parties that arise without the Parties' fault, beyond their control or against their will or wishes, and that cannot, with the usual measures taken for this purpose, be foreseen and cannot, with all care and diligence, be averted (avoided), including (but not limited to) natural disasters (earthquakes, floods, hurricanes, damage from lightning, and so on), disasters of a biological, technological, or man-made nature (explosions, fires, epizootics, epiphytotics, and so on), as well as the issuance of prohibitive or restrictive regulatory acts by state authorities or local self-government bodies, and other lawful and unlawful prohibitive or restrictive measures of the said bodies that make it impossible for the Parties to perform this Agreement or temporarily prevent its performance.
9.2.2. An event in this Agreement means any circumstances that are not considered insuperable force under this Agreement and that are not directly caused by the actions of the Parties or connected with them by a causal link, that arise without the fault (intent or negligence) of the Parties, beyond their control or against their will or wishes, and that cannot, with the usual measures taken for this purpose, be foreseen and cannot, with all care and diligence, be averted (avoided).
9.3. The occurrence of insuperable force must be certified by a competent authority.
9.4. The occurrence of an event is certified by the Party that relies on it.
9.5. A Party that intends to rely on force majeure circumstances must, without delay — taking into account the capabilities of instant means of communication and the nature of the existing obstacles, but no later than 5 (five) business days — notify the other Party of the existence of force majeure circumstances and their impact on the performance of this Agreement.
9.6. If force majeure circumstances and/or their consequences temporarily prevent the performance of this Agreement, then performance of this Agreement is suspended for the period during which it is impossible.
10. INTELLECTUAL PROPERTY RIGHTS. CONFIDENTIALITY
10.1. A breach of the intellectual property rights to the Provider's information products under this Agreement includes, among other things but not limited to, the Customer giving third parties unlawful access to the Course and breaching other intellectual property rights of the Provider and the authors. The Customer does not have the right (and does not have the right to allow anyone) to copy, translate from one language to another, record, adapt (create a derivative work), modify, or distribute the Provider's information product. Any breach of the intellectual property rights to the Provider's information product is a gross breach of the terms of this Agreement and gives the Provider the right to early unilateral termination of the Agreement and to recover all losses caused.
10.2. The Parties are obliged to maintain confidentiality with respect to all information received by them in the process of preparing, concluding, and performing the terms of this Agreement (hereinafter "Confidential Information").
10.3. Confidential Information is any information of a professional, production, business, or other nature transferred by the Provider to the Customer, in written or oral form, on paper, in electronic form on data media, or through a secure restricted-access website. All confidential information is and remains the exclusive property of the Provider, and the Customer will have no interest in it. At the Provider's request, the Customer immediately returns to the Provider all available confidential information relating to the Customer.
10.3.1. Confidential Information does not include information that is known to the public or generally known other than through a breach of this Agreement.
10.3.2. The transfer, publication, disclosure, or any other disclosure or use by a Party of Confidential Information during the term of this Agreement, as well as for three years after its termination, may be carried out only with the written consent of a lawful and specially authorized representative of the other Party, regardless of the reasons for termination of this Agreement. Notwithstanding the foregoing, the Parties have the right to provide or disclose a trade secret and/or confidential information in accordance with the requirements of a law, a by-law, or a court order, or at the request of an authorized state regulatory body, provided that written notice of such a requirement is given to the other Party so that it can arrange protection or limit such disclosure.
10.4. The Customer consents to the collection and processing of their personal data for the following purposes:
to identify the Customer;
to directly provide the information services;
to target advertising;
to send electronic correspondence (notifications about news, promotions, or special offers);
to store information in a CRM system (a customer database).
Consent to the storage and processing of personal data has an unlimited term.
10.5. The Provider has the right to grant access to the Customer's personal data when engaging contractors to provide services and organize advertising campaigns. Contractors may be given access to part of the Customer's personal data.
10.6. The Parties guarantee that they will take all sufficient and reasonable measures to prevent unauthorized access to the confidential and personal information and data received from the other Party.
11. FINAL PROVISIONS
11.1. By accepting the terms of this Agreement, the Customer also assumes the risk of not making a profit and the risk of possible losses associated with using the information and knowledge obtained by the Customer as a result of receiving the Service.
11.2. Except for the warranties expressly stated in the text of the Agreement, the Provider gives no other express or implied warranties under the Agreement and expressly disclaims any warranties.
11.3. By agreeing to and accepting the terms of this Agreement through its acceptance, the Customer represents and warrants to the Provider that:
11.3.1. The Customer enters into the Agreement voluntarily, and the Customer:
a) has fully reviewed the terms of the Agreement,
b) fully understands the subject of the Agreement,
c) fully understands the meaning and consequences of their actions in concluding and performing the Agreement.
11.4. The Parties undertake to inform each other without delay of all circumstances that threaten the performance of obligations or make it impossible to perform obligations under this Agreement, and to agree on measures to remedy them.
11.5. Unless otherwise provided by this Offer, the standard contractual terms established by law apply.
11.6. If any provision or clause of this Agreement or its annexes is found invalid, this does not affect the validity of the remaining provisions and terms of the Agreement.
11.7. The Provider reserves the right to make changes to this Agreement unilaterally at any time.
11.8. All changes to this Agreement are published on the Provider's Website.
11.9. All changes to this Agreement take effect from the moment they are published on the Provider's Website.
12. DETAILS
Individual entrepreneur Yuliia Viacheslavivna Grunkovska
Tax ID 3540111448
Registered address: Ukraine, 41103, Sumy region, Shostka district, city of Shostka, building 21
Banking information:
UA023220010000026005330135021
Phone number: +380996504487
Email — grunkovskaya.shop@gmail.com