has been concluded between:
Limited Liability Company "GLOBAL DYNAMICS", code in the EDRPOU /Unified State Register of Enterprises and Organizations of Ukraine/ is 43559381, represented by director Kolesnichenko Vitalii Mykolayovych acting under the Charter (hereinafter referred to as "the Contractor") one the one hand,
and any business entity (legal entity, individual entrepreneur) which has taken (accepted) the offer (hereinafter referred to as "the Customer") on the other hand, hereinafter together – "the Parties" and each separately – "the Party", have concluded this Contract (hereinafter referred to as "the Contract") which is addressed to an unlimited quantity of persons, which is an official public proposal (offer) of the Contractor, to conclude a Contract with any Customer on providing the services in the field of informatization.
When ordering and receiving the Contractor's Services, the Customers accept the terms of this Contract as follows.
1. GENERAL PROVISIONS
1.1. This Contract is concluded by providing the full and unqualified acceptance of the Customer to enter into the agreement in full, without signing a written copy of the Contract by the Parties.
1.2. The Contract has legal force in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine and is equivalent to the Contract which is signed by the Parties.
1.3. The Customer confirms the fact of acquaintance and consent with all the terms of this Contract in full by its consent (acceptance).
1.4. Any of the following actions considers that this public offer contract has been accepted:
- registration of the account by the Customer by filling in the specific form;
- providing access to the "CheckEat" Service by the Customer for its clients;
- providing services of the Customer's clients by the Customer using the "CheckEat" Service;
- making a payment for ordered meals using the "CheckEat" Service.
1.5. Having concluded this Contract, the Customer automatically agrees to the full and unqualified acceptance of the provisions of this agreement and all its annexes that are integral parts of it.
1.6. If the Customer does not agree with the terms of the Contract, he has no right to enter into this Agreement, and is not entitled to use the Services under this Contract.
2. TERMS AND DEFINITIONS
2.1. "Public Offer Agreement" is a public agreement, a sample of which is posted on the website https://checkeat.app
2.2. "Acceptance" is giving full and unqualified consent to the conclusion of this Agreement by the Customer in full, without signing of a written copy of the agreement by the Parties.
2.3. "Services" is a Service or several Services in the field of informatization which are provided by the Contractor and listed on the Contractor's Website https://checkeat.app/
2.4. The "Customer" is any competent individual. The one who is not less than 18 years old and who has the full civil capacity, who has registered in the mobile application "CheckEat"(hereinafter - the Mobile Application") and obtains service from the Contractor (access to the "CheckEat" Service) and has accepted this agreement.
2.5. The "Contractor" is a legal entity that provides consulting services on informatization by the way of access to the "CheckEat" Service and technical support of its activities and details which are stated in Section 9 of this Agreement.
2.6. The "Order" is a request duly drawn by the Customer and/or activation of the service by the Customer, and/or connection to the service through the Mobile application.
2.7. The "CheckEat" Service is a set of integrated computer systems that combine hardware, software, communication technologies, and technical solutions aimed at optimizing catering companies' work via QR - codes.
2.8. The Website of the Contractor is https://checkeat.app/
2.9. The "Partner» is an entity with which the Contractor has a contractual relationship for cooperation.
2.10. А «Сatering company» is a restaurant, a bar, a cafe, a canteen, a snack bar, a pizzeria, cookery, a stall or other company which provides food to individuals and uses the «CheckEat" mobile application (hereinafter referred to as the "Mobile Application") in its activities and has access to the «CheckEat" Service.
2.11. «Payment system» is a payment service that has been designed to simplify settlements between individuals, legal entities and/or individual entrepreneurs on the Internet using personal computers and/or other mobile devices, which is used to withdraw money from the Customer's payment card for his order and transferring it to the Catering company's account. Transferring of the money from the Customer's bank card to the account of the service provider - the Catering company, is carried out through the Payment System.
3. THE SUBJECT OF THE AGREEMENT
3.1. The Contractor undertakes to provide the Customer with Services in the field of informatization aimed at providing access to the "CheckEat" Service on the terms and conditions specified in this Agreement, and the Customer undertakes to accept and pay for the Order on the terms and in the order specified in this Agreement.
4. THE RIGHTS AND OBLIGATIONS OF THE CONTRACTOR AND THE CUSTOMER
4.1. The Contractor is obliged to:
- Before providing the Service, to give an opportunity for the Customer to get acquainted with this Agreement by publishing it on the Contractor's Website;
- Organize the proper running of the Service, its components to provide the Customer with unimpeded access to it;
- Inform the Customer objectively about service and conditions of supply on the Website of the Contractor.
4.2. The Contractor has the right to:
- Make changes to the software in order to improve the work of the "CheckEat" Service;
- Unilaterally suspend the provision of services under this Agreement in case of breach of the terms of this agreement by the Customer, including if financial obligations are not fulfilled in time by the Customer;
- Unilaterally make changes to this Agreement with their mandatory publication on the Contractor's Website.
4.3. The Customer is obliged to:
- to report reliable data and information when registering an account (user account);
- Do not provide access to his/her account or registration information to third parties;
- Follow security measures for his/her account;
- Comply with the terms of this Agreement throughout the whole period of providing services.
4.4. The customer has the right to:
- Use the Services in accordance with the terms of this agreement;
- Activate the indicated services by registering in the Mobile Application;
- Get acquainted with the procedure and conditions of providing services by the Contractor;
- Make suggestions for improving the work of the "CheckEat" Service, report on the problems with the operation of the Service.
5. SERVICE SECURITY
5.1. The Customer is prohibited to interfere in the work of the "CheckEat" Service, including:
- copy, sell, transfer, assign, set rights, analyze code, perform reverse engineering;
- download or transmit files that contain viruses, corrupted files or data, or any other software which may affect the operation of the "CheckEat" Service;
- try to obtain passwords or other personal information from the other users, including information that allows identifying a person;
- use support channels to create erroneous reports or not for their intended purpose;
- to commit fraudulent or other illegal actions;
- intervene, hack or decrypt any data transmission to or from the servers of the Contractor;
- interfere with the ability of other users to access the "CheckEat" Service, including interrupting work, overloading servers, or taking actions that impede the operation of the "CheckEat" Service and using it by other users.
6. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
6.1. All financial issues related to the acceptance of payments for orders made by the Customer through the Payment System, including those related to withdrawing, transferring, returning of money, delays in payments, etc., are resolved by the Customer directly with the relevant Catering company or Payment system, contact information about which can be obtained on the Contractor's Website or by calling the Contractor's customer support.
6.2. The range, price, and other information about services of Catering companies that use the services of the «CheckEat" Service are contained on the Websites of the respective Catering company, the menu of which can be reached by the Customer through the Checkeat Service. All claims regarding the quality of the Catering company services are resolved by the Customer by contacting the relevant Catering company directly.
6.3. The Customer agrees that all services are provided by the Contractor "as they are" and that the Contractor is not responsible for the quality of the services provided by the Catering company, as well as for failings or interruptions in the Payment System.
6.4. If the Customer has any problems related to the use of the «CheckEat" Service, he/she may contact the Contractor's support service using the contact details which are placed on the Contractor's Website.
6.5. For non-performance or improper performance of their obligations under this agreement, the Parties are liable in accordance with the applicable law of Ukraine.
6.6. All disputes arising out of this Agreement or in connection with this shall be settled by negotiation between the Parties.
6.7. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in a court in accordance with the established jurisdiction and jurisdiction of such dispute in accordance with the current legislation of Ukraine.
6.8. The Contractor shall not be liable for any failure to provide or improper provision of the Services to the Customer in the event of any circumstances that have arisen through no fault of the Contractor (namely - the occurrence of circumstances due to fault or negligence of the Customer and/or circumstances that arose through the fault or negligence of any third party (any third parties).
7. TERM OF THE AGREEMENT AND TERMINATION OF THE AGREEMENT
7.1. The Agreement shall enter into force upon acceptance of the offer by the Customer and shall be valid for 1 (one) year, but, in any case, until the Parties fulfill their obligations under this Agreement in full. If in 10 (ten) calendar days before the expiration date of the Agreement neither of the Parties has notified the other of the termination of this Agreement, the term of this Agreement will be considered extended for each subsequent year.
7.2. The Agreement may be terminated prematurely:
- At any time by agreement of the Parties;
- Initiated by one of the Parties in case of violation of the terms of the Agreement by the other Party with written notification of the other Party. In such case, the Agreement shall be deemed terminated upon receipt of the relevant written notification by the Party which has violated the terms of the Agreement from the other Party;
- Initiated by one of the Parties subject to the written notification of the other Party 10 (ten) calendar days before the date of termination of the Agreement;
- On other grounds provided by the current legislation of Ukraine.
8. FORCE MAJOR CIRCUMSTANCES
8.1. The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement, if they arose as a result of force majeure.
8.2. Force majeure in this Agreement means any circumstances that arise against the will or out of the will or desire of the Parties and which cannot be foreseen or avoided, including: hostilities, riots, epidemics, pandemics, blockades, earthquakes, floods, fires, as well as decisions or instructions of state authorities and government of which the Customer is a resident, or of the State of which the Contractor is a resident, as a result of which the Parties (or one of the Parties) will be subject to additional obligations or restrictions and which will make the impossible further full or partial performance of the Agreement, as well as other actions or events that exist outside the will of the Parties.
8.3. If the force majeure lasts for more than 3 (three) months in a row, each Party will have the right to refuse further performance of obligations under this Agreement and, in this case, neither Party will be entitled to compensation by the other Party for possible damages.
9. OTHER TERMS OF THE AGREEMENT
9.1. The Customer and the Contractor confirm that this Agreement is not a fictitious or fake transaction or a transaction concluded under influence of pressure or fraud.
9.2. Neither Party of this Agreement shall have the right to transfer its rights and obligations to third parties without the consent of the other Party.
9.3. The information which is provided by the Customer is confidential. Information about the Customer is used solely for the purpose of execution of his/her Order.
9.4. By accepting the Agreement, the Customer willfully agrees to the collection and processing of his own personal data for the following purpose: the data that becomes known will be used for commercial purposes, including obtaining information about the order and processing the information about it in accordance with the Privacy Statement, concluding of civil law agreements, providing and/or transferring of personal data (including phone number) to third parties in the manner and on the grounds specified by the current legislation of Ukraine and internal documents of the Contractor, without the necessity to notify about such actions. In case of change of the specified purpose of personal data processing the Customer does not object to the processing of his/her personal data, if such necessity is determined by the current legislation of Ukraine and/or internal documents of the Contractor, and also informs that he/she is acquainted with the Law of Ukraine "On Personal Data Protection". In addition, the Customer confirms the fact that he/she has been notified of his/her personal data being included in the relevant personal database, the purpose of data collection, and the persons to whom his/her personal data is transferred.
9.5. The Contractor is not responsible for the content and veracity of the information which is provided by the Customer to the Contractor when making order. The Customer is responsible for the accuracy of this information.
9.6. The Customer is entitled to use the Services of the Contractor only for running his/her own business without the right of alienation or transfer to third parties.
9.7. The Parties undertake to save confidential information which has been obtained as a result of the performing of this Agreement, except in cases where it is authorized by the other Party in writing or required by public authorities in accordance with applicable law. The guilty Party shall be liable for the disclosure of confidential information in accordance with applicable law.
9.8. This Agreement statement is written in Ukrainian, but is also provided in Russian and English for reference. In case of discrepancies between the terms of this document in Ukrainian and its translations in Russian and English, the Ukrainian version of the document shall have legal force.
9.9. The Contractor independently determines the terms of this Agreement and its annexes, which are its integral parts in accordance with and in compliance with the requirements of current legislation of Ukraine. The Contractor has the right to change and/or supplement the terms of this public Agreement and its annexes, including the rules for providing and receiving Services under this Agreement. In this case, the Contractor guarantees and confirms that the current edition of the text of this Agreement and its annexes, including the rules for providing and receiving Services under this Agreement, which is posted on the Contractor's Website, is valid.
9.10. The Customer guarantees that all the terms of this Agreement are clear to him/her and he/she accepts them unconditionally and in full.
9.11. Each Party guarantees to the other Party that it has the necessary capacity, as well as all the rights and powers necessary and sufficient for the conclusion and implementation of this Agreement in accordance with its terms.
9.12. In matters which are not regulated by this Agreement, the Parties shall be guided by the current legislation of Ukraine.
9.13. The Parties agree that the Contractor owns all exclusive property rights to intellectual property created by the Contractor and provided to the Customer in the process of providing Services, including those provided by current legislation of Ukraine, as well as international regulations in the order prescribed by law, namely:
- the right to use the object of intellectual property;
- the exclusive right to allow the use of the object of intellectual property;
- the exclusive right to prevent the misuse of intellectual property, including the prohibition of such use;
- as well as other rights that exist as of today or will exist in the future.
10. DETAILS OF THE CONTRACTOR
Limited Liability Company "GLOBAL DYNAMICS"
Location: Ukraine, 02094, Kyiv city, Hnat Khotkevych street, building 12, office 177
Account UA 24 300346 0000026005095079201 in JSC «Alfa-Bank» firstname.lastname@example.org