For the purposes of this Agreement, the terms are used in the following meaning:
1.1. Acceptance - the complete, unconditional and unconditional acceptance by the Customer of the terms of this Agreement without any exceptions and / or restrictions and is equivalent to the conclusion of a bilateral written Agreement.
1.2. Customer - the person who made the Acceptance of the terms of this Agreement and becomes the Customer of the Contractor’s services under the concluded agreement. The customer may be any legally capable individual over the age of 18 who intends to receive the services of the Contractor in the manner and on the conditions defined by this Agreement.
1.3. Contractor - FLP Voroshilova Svitlana and persons (business entities), who have the right to provide services (paragraph 1.3.1.), Provided for in this Public Agreement (offer). The name of the Contractor is indicated in the invoice or other documents for payment for the Services.
1.3.1. FLP Voroshilova Svitlana (PPN 2228008208)
1.4. Services are the provision of advice by the Contractor to the Customer on the diet, food breaks and actions aimed at reducing obesity. Their list, terms of purchase and other conditions are posted on https://golod.com/.
1.5. The program is a complete set of recommendations and instructions on diet, food breaks and actions aimed at reducing obesity, access to which is provided through the Site or Web page for use by the Customer.
2.1. The contract is concluded between the Contractor and the Customer of services in the form of an agreement of accession
2.2. This Agreement is a public agreement (hereinafter referred to as the Agreement), which is considered to be concluded between the Contractor, on the one hand, the Customer, on the other, since the Acceptance of the last of all, without exception, the terms and conditions of this Agreement.
2.3. In the manner and on the terms determined by this Agreement, the Contractor shall provide the Customer with services, and the Customer shall accept and pay for the Services rendered.
2.4. The actions testifying to the agreement to comply with the terms of this Agreement is the Acceptance by the Customer of the terms of this Agreement.
2.5. The Customer accepts the Agreement after reviewing its terms and conditions posted on the Website by paying for the full amount of the Customer’s services and affixing the appropriate mark “I have read the conditions of this agreement and accept its terms”.
2.6. The list and cost of providing the Services are posted on the Site.
3.1. The cost of the Services depends on the selected Program and is indicated on the Website of the Contractor or indicated in the invoice for payment, which are sent to the Customer after filling in the Application for participation in the Program.
3.2. The Contractor has the right to unilaterally change the cost of the Services until the time of payment by publishing a new price on the Site.
3.3. The customer makes payment for services on the terms of 100% prepayment.
3.4. Payment for Services by the Contractor means familiarization and full agreement of the Customer with the terms of this Agreement.
3.5. Payment for the Services is carried out by transferring money to the current account of the Contractor. Payment methods for the selected Service are indicated on the Website or in the invoice for payment, which are sent to the Customer after completing the Application Form for participation in the Program.
3.6. The service is considered paid from the moment funds are credited to the current account of the Contractor.
3.7. In case of payment for the Service in parts and failure to pay any part of the payment within the agreed period, the Contractor has the right to refuse the Contractor to provide access to the relevant Program without refund of the paid funds.
4.1. In order to receive the services of the Contractor, the Customer is registered on the website and fills in a form with personal data.
4.2. In confirmation of the acquaintance of the program, the Customer chooses the program on the site and presses the "pay" button.
4.3. The Customer makes the payment for the Services (Program) in one of the selected ways, and then informs the Contractor about the payment with the provision of supporting documents in the manner specified in the invoice for payment.
4.4. After the Contractor receives confirmation of payment, the purchased program is sent to the customer at the email address provided during registration.
4.5. In the event that the Customer does not receive the Letter, the Customer should contact the Contractor’s support service by sending an email to: [email protected].
4.6. The program is valid for one customer who received the specified letter. It is prohibited to transfer the Program to third parties.
4.7. The Customer is solely responsible for maintaining the confidentiality and security of access to his Personal (Personal) Cabinet, as well as all actions that occur through the Personal (Personal) Cabinet, and undertakes to immediately notify the Contractor of any breach of security of the Personal (Personal) Cabinet.
4.8. In order to receive the Service, the Customer independently ensures compliance with the appropriate technical specifications for a personal computer or other mobile device.
4.9. The use of the Customer’s personal information by the Executive is a medical secret. Customer’s personal information is not passed on to third parties.
The customer has the right to:
5.1. Get the Services under the terms of this Agreement.
5.2. Receive from the Contractor information about the Services provided, the conditions for their provision by calling the phone numbers indicated on the Site, either by sending a corresponding request to the email address indicated on the Site or via the feedback form.
5.3. Enter the Personal Cabinet under your account.
5.4. The customer enjoys all the rights of the consumer in accordance with the current legislation of Ukraine regulating these legal relations.
The customer undertakes to:
5.5. Pay for the Services in full in the manner and time specified in this Agreement.
5.6. Provide accurate information about yourself in the process of filling out an application for participation in the Program. The customer is responsible for the accuracy of such information.
5.7. Independently and timely get acquainted with the information on the time, date, cost and conditions of the Services, which is posted on the Site. The Customer is not entitled to make claims to the Contractor in case of late acquaintance or failure to know the information on the Site. The Customer assumes all responsibility for the consequences of late acquaintance or not being acquainted with the information posted by the Contractor for him on the Site.
5.8. Follow recommendations, homework, requirements, etc. Contractor, as set out in the relevant program.
5.9. Provide the Contractor with relevant information about the means of communication for sending information materials, as well as for the communication of the Contractor with the Customer within the framework of the provision of the Services, in accordance with this Agreement.
Customer is prohibited from:
5.10. Copy, distribute in any way text, audio, video, informational materials obtained under this Agreement.
5.11. Distribute materials received under this Agreement by translating into other languages.
5.12. Use the information obtained in the framework of this Agreement for commercial purposes by retelling or disseminating in any way the knowledge obtained from the Contractor.
5.13. Use the information received from the Contractor, including (without limitation) in order to create a similar and / or competitive service or service, or for the purpose of obtaining commercial or financial benefit without prior agreement with the Contractor.
5.14. To carry out its activities on the basis of the Contractor’s Services.
5.15. Allow the dissemination of false, false information, information discrediting the honor, dignity, business reputation of the Contractor, as well as information that encourages and calls for interethnic, ethnic, sexual, racial intolerance, hostility, war, change of state structure of countries, information that is prohibited to spread legislation of Ukraine and the norms of International Law, depending on the territory of service.
5.16. Transfer and / or provide access to the Program to any third parties, as well as receive the Services jointly with third parties.
The performer has the right to:
6.1. To independently determine the forms and methods of providing the Services, taking into account the requirements of the current legislation of Ukraine and the terms of the Agreement.
6.2. Unilaterally determine the cost of services.
6.3. Independently determine / change the content, amount of information within the Program, functionality, interface of the Web page in the process of providing the Service.
6.4. Receive from the Customer any information necessary to fulfill its obligations under the Agreement. In the event of non-submission of information, incomplete or incorrect presentation of information, the Contractor shall have the right to suspend the provision of the Services under the Agreement until the Customer submits such information.
6.5. To conduct surveys, survey the Customer, including requesting the received feedback on the Services received, disseminate (publish or otherwise distribute) the results of the survey (survey) and the feedback received on the Services received in compliance with the requirements of Ukrainian legislation on personal data protection.
6.6. Refuse to provide the Services or limit the access of the Contractor to the Program without refund of funds paid in the following cases of the Customer providing inaccurate information.
6.7. To carry out mass distribution of information messages (including advertising) to the email address of the Customer. In addition, such messages should contain links to unsubscribe, which allows the Customer to opt out of receiving this newsletter.
6.8. Unilaterally make changes to the terms of the Agreement by posting a new version of the Agreement on the Website.
The Contractor shall:
6.9. To provide services of good quality in the manner and on the conditions provided for in this Agreement.
6.10. Store information and information (including personal data) received from the Customer to fulfill the conditions of this Agreement.
6.11. Provide the Customer with information about the Services provided, the conditions of their provision.
6.12. Inform the Customer about changing the order in which the Services are provided by placing such information in one, but non-exclusive, way: posting on a web page, sending a message to the email address of the Customer, etc.
7.1. The Customer, accepting the terms of this Agreement, assumes the risk of non-receipt of profits and the risk of possible losses associated with the use of knowledge and skills acquired by the Customer in the provision of the Services.
7.2. The Contractor, ensuring the quality of the Services provided, does not provide guarantees for the exact compliance of the Services with the Customer’s expectations regarding the content of the Services and the results obtained by it.
7.3. The contractor does not carry out educational, teaching or teaching activities and does not provide educational services, does not issue any certificates, certificates, diplomas and the like.
7.4. Agreeing with the terms of the Agreement and accepting its conditions, the Customer guarantees that he has indicated complete, reliable and current data, including personal data, when filling in the Application Form for the Program, entering any registration data and making payment, and does not use the data of other persons (in including personal data).
7.5. The Customer guarantees that he does not intend to carry out any actions that would interfere with the business reputation of the Contractor and / or third parties connected with the contractual relationship with the Contractor, or contrary to the laws of Ukraine, international standards and business practices; its actions are aimed at obtaining services and they do not contain malicious intent, fraudulent intentions, attempts of unauthorized access to information that is the property of the Contractor.
7.6. The parties guarantee that they have the necessary amount of legal capacity and capacity to enter into the Agreement.
7.7. In case the quality of services is improper for the Customer for any reason, the Contractor grants the Customer the right, within 14 (fourteen) calendar days from the start of the Program, access to which was granted in accordance with the terms of the Agreement, to apply to the Contractor return of funds paid.
7.8. The application for a refund specified in clause 7.8 of the Agreement is sent by the Customer to the following address [email protected].
Responsibility for the accuracy of the data specified in the Application shall be borne by the Customer. The application for a refund should contain the following information:
7.8.1. Last name, first name of the Customer;
7.8.2. The method, date and amount of payment for the Services;
7.8.3. The reasons for which the customer believes that the services provided are of inadequate quality;
7.8.4. Bank details for a refund.
7.9. Subject to the compliance of the application for refund the requirements of paragraph. 7.8, 7.9 of the Agreement, the Contractor returns the funds paid within 30 (thirty) calendar days from the date of receipt of the application. Refunds are made minus the payment systems commission and to the card from which the payment was made.
7.10. In the absence of information in the application for refund specified in clause 7.9 of the Agreement or the provision of inaccurate information, the Contractor shall have the right to refuse the Customer to return the funds.
7.11. In case of violation by the Customer pp 4.11, 4.12, 5.7, 5.12.-5.19 of the Agreement, funds paid by the Customer to the Contractor are not returned.
7.12. Any claims, applications are sent by the Customer after the expiration of the period specified in clause 7.7 of the Agreement, the Contractor is not considered.
8.1. In the event of non-fulfillment or improper fulfillment of obligations established by the Agreement, the Parties shall be liable in accordance with the legislation of Ukraine and the provisions of the Agreement.
8.2. The Contractor shall not be liable for the Customer’s failure to provide services under this Agreement if the Customer provides inaccurate information pursuant to the conditions of the Agreement, including, but not exclusively, contact information (e-mail), as well as failure to provide information in the event of a change in information provided earlier.
8.3. The Contractor shall not be liable for non-compliance of the content of the Service with the Customer’s expectations and / or his subjective assessment. Such a discrepancy to expectations and / or a negative subjective assessment is not a reason to consider the services provided poor quality, or not in the agreed amount.
8.4. The Contractor shall not be liable for the actions of third parties that occurred when they were authorized on the Website (Web page) on behalf of the Customer.
8.5. The Customer is solely responsible for any consequences, including the expected results from the received Services.
8.6. All disputes between the Parties are considered through negotiations based on the settlement of the conflict with the utmost consideration of the interests of the Customer and the Contractor.
8.7. In the event that the Parties are unable to reach agreement on controversial issues through negotiations, such disputes shall be referred to the court in accordance with the current legislation of Ukraine.
9.1. The Parties are exempt from liability for partial or complete non-fulfillment of any of the provisions of the Treaty if this is a consequence of circumstances that occurred after the entry into force of the Treaty and are outside the scope of control of the non-performing party. Such causes include natural disasters, extreme weather conditions, fires, wars, strikes, military actions, civil unrest, terrorist acts, interruptions in public telephone networks, electronic communication channels, as well as government decisions, etc., but not limited to them (hereinafter - force majeure). The exemption period starts from the moment when the non-fulfilling Party declares force majeure, as evidenced by a corresponding certificate certified by the Chamber of Commerce or other evidence. If force majeure arose as a result of a decision of state bodies, the Parties consider that the text of such a decision is sufficient evidence of the occurrence of force majeure circumstances.
9.2. Circumstances of force majeure automatically extend the period of fulfillment of obligations for the entire period of its validity and liquidation of consequences. On the occurrence of force majeure, the Parties must inform each other without delay. If these circumstances continue for more than six months, then each of the Parties will have the right to refuse further fulfillment of obligations under the Agreement, and in this case, neither Party will be entitled to reimburse possible losses by the other Party.
10.1. Agreeing with the terms of the Agreement and accepting the terms of the Agreement, the Customer provides the Contractor with an unequivocal consent to the processing and use of any personal data that became known to the Contractor as a result of the provision of the Services on the terms of this Agreement in accordance with the legislation of Ukraine in the field of personal data protection.
10.2. The processing of personal data includes, but is not limited to, the collection, registration, storage, storage, adaptation, modification, updating, use and distribution (distribution, sale, transfer), depersonalization, destruction of personal data processed by the Contractor, by any person related to the Contractor relations control in order to maintain the database of personal data of customers.
10.3. All information that has become known to the Customer in connection with the receipt of the Services from the Contractor under this Agreement (including the passwords for access to the Programs) is confidential information and the Contractor’s trade secret.
10.4. The Customer undertakes not to disclose and not to transmit confidential information and trade secrets of the Contractor for review and / or use to third parties without the prior written consent of the Contractor.
11.1. All materials of the Program are subject to intellectual property rights and are subject to protection.
11.2. Copyright and related rights to the Materials to which access is granted to the Customer belong to the Contractor. The customer is granted only the right to use the Materials solely for personal non-commercial purposes.
11.3. It is prohibited in any way to copy, reproduce, distribute, perform, public message, demonstrate, display, use, translate, edit, adapt and make any such changes to the Materials without the prior written consent of the Contractor.
12.1. This Agreement shall enter into force upon its conclusion, provided for in clause 2.5 of the Agreement and shall be valid until the Parties fully fulfill the conditions of the Agreement.
12.2. This Agreement may be terminated before its expiration by the mutual agreement of the Parties or unilaterally in cases provided for by this Agreement in compliance with the terms of this Agreement.
12.3. In cases not covered by this Agreement, the Parties shall be guided by the current legislation of Ukraine.
12.4. The Parties confirm their full and unequivocal understanding of the subject and content of this Agreement, the rights and obligations of each Party arising from or related to the implementation of the Agreement, the essence of the terms used in the Agreement, and the compliance of the text of the Agreement with the intentions and will of the Parties.
12.5. If any provision (part) of the Agreement is or becomes invalid for any reason, this fact does not affect the validity of other provisions of the Agreement as a whole.
12.6. The parties agree that the law of Ukraine applies to the relations that have arisen between them on the basis of this Agreement.
12.7. The parties are entitled to conclude this contract at any time in the form of a written bilateral document.
FLP Voroshilova Svitlana
Place of registration: 03151, Kiev, st. Idzikovsk families, 39
e-mail: [email protected]
tel .: +38 (067) 500 1993