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 other person who has taken (accepted) the offer (hereinafter referred to as "the Customer") on the other hand, hereinafter together – "the Parties" and each separately – "the Party" concluded this Contract (hereinafter referred to as "the Contract") which is addressed to unlimited quantity of persons, which is an official public proposal (offer) of the Contractor, to conclude a Contract with any Customer on providing of 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 agreement in full by its consent (acceptance).
1.4. Any of the following actions is considered acceptance of this public offer contract:
- registration of the account by the Customer by filling in the specialized form;
- generation and download of QR - codes of enterprises using the Service "CheckEat";
- making a choice in the menu of the catering company, adding a description or an image
- making a payment for ordered meals using the Service.
1.5. By concluding this Contract, the Customer automatically agrees to the full and
unqualified acceptance of the provisions of this agreement and all annexes that are integral parts of the 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 agreement.
2. TERMS AND DEFINITIONS
2.1. "Public Offer Agreement" is a public agreement, a sample of which is posted on the website http://checkeat.app.
2.2. "Acceptance" is giving the Customer full and unqualified consent to the conclusion of this agreement 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 http://checkeat.app.
2.4. The "Customer" is any competent individual. The one who is not less than 18 years old and who has full civil capacity, who has registered in mobile application "CheckEat (hereinafter - the Mobile Application") and receives service from the Contractor (access to the Service "CheckEat") and has accepted this agreement.
2.5. The "Contractor" is a legal entity that provides services of consulting on informatization by the way of access to the Service "CheckEat" 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 service "CheckEat" is a set of integrated computer systems that combine hardware, software, communications technologies and technical solutions aimed at optimizing catering companies work via QR - codes.
2.8. The "Partner" is an entity with which the Contractor has a contractual relationship for cooperation.
3. THE SUBJECT OF THE AGREEMENT
3.1. The Contractor undertakes to provide the Customer with Services in the field of informatization, which are aimed at providing access to the Service «CheckEat» on the terms and in the manner specified in this Contract, and the Customer undertakes to accept and pay for the Order on the terms and in the manner specified in this agreement.
3.2. The Customer and the Contractor confirm that this agreement is not a fictitious or a false transaction or the transaction concluded under the influence of pressure or fraud.
4. THE RIGHTS AND OBLIGATIONS OF THE CONTRACTOR AND THE CUSTOMER
4.1. The Contractor is obliged to:
- Before providing of 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 operation 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 into the software in order to improve the work of the Service «CheckEat»;
- 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:
- When registering an account (user account) to report reliable data and information;
- Do not provide access to your account or registration information to third parties;
- Follow security measures for your account;
- Comply with the terms of this agreement throughout the 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
- Make suggestions for improving the work of the Service «CheckEat», report on the problems
with the operation of the Service.
5. SERVICE SECURITY
5.1. The Customer is prohibited from interfering into the work of the service "CheckEat", 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 that may affect the operation of the Service «CheckEat»;
- try to obtain passwords or other personal information from other users, including information which 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
- interfere into the ability of other users to access the Service "CheckEat", including
interrupting work, overloading servers, or taking actions that impede the operation of the service "CheckEat" and using it by other users.
6. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES
6.1. For non-performance or improper performance of their obligations under this agreement, the Parties are liable in accordance with the applicable law of Ukraine.
6.2. All disputes arising out of or in connection with this agreement shall be settled by negotiation between the Parties.
6.3. 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 legislation in force in Ukraine.
6.4. 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. FORCE MAJOR CIRCUMSTANCES
7.1. 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.
7.2. 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 further full or partial performance of the Agreement, as well as other actions or events that exist outside the will of the Parties.
7.3. 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.
8. OTHER TERMS OF THE AGREEMENT
8.1. 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.
8.2. 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.
8.3. The information which is provided by the Customer is confidential. Information about the Customer is used solely for the purpose of execution of his Order.
8.4. 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 of the information about it in accordance with the Privacy Statement.
8.5. The Contractor is not responsible for the content and veracity of the information which is provided by the Customer when placing an Order. The Customer is responsible for the accuracy of the information specified in the order.
8.6. The Customer is entitled to use the Services of the Contractor only for his/her personal use without the right of alienation or transfer to third parties.
8.7. The Parties undertake to keep confidential information which was 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.
8.8. The Agreement is public and indefinite and is valid until its termination by either Party in the manner prescribed by this Agreement or applicable law, but, in any case, until its final fulfillment by the Parties.
8.9. 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.
8.10. The Customer guarantees that all the terms of this Agreement are clear to him/her and he/she accepts them unconditionally and in full.
8.11. In matters which are not regulated by this Agreement, the Parties shall be guided by the current legislation of Ukraine.
8.12. 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 manner 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.
9. DETAILS OF THE CONTRACTOR
Limited Liability Company "GLOBAL DYNAMICS"
Location: Ukraine, 02094, Kyiv city, Hnat Khotkevych street, building 12, office 177 Bank details:
Account UA 24 300346 0000026005095079201 in JSC «Alfa-Bank» email@example.com