Public Offer

1. DEFINITIONS

For the purposes of this Agreement, the following terms are used:

1.1. Acceptance means the Client's full, unconditional and unreserved agreement to the terms of this Agreement, without any exceptions and/or limitations, which is equivalent to concluding a bilateral written agreement.

1.2. Client means a person who has accepted the terms of this Agreement and has thereby become a client of the Contractor under the concluded agreement. The Client may be any legally capable individual over 18 years of age who intends to receive the Contractor's services in the manner and on the terms set out in this Agreement.

1.3. Contractor means Individual Entrepreneur Svitlana Voroshylova and the persons (business entities) authorized to provide the services (clause 1.3.1) covered by this Public Agreement (Offer). The name of the Contractor is stated in the invoice or other payment documents for the Services.

1.3.1. Individual Entrepreneur Svitlana Voroshylova (Taxpayer ID 2228008208)

1.4. Services mean consultations provided by the Contractor to the Client on nutrition, food pauses and actions aimed at reducing excess weight. Their list, purchase terms and other details are published on the website https://golod.org/.

1.5. Program means the complete set of recommendations and instructions on nutrition, food pauses and actions aimed at weight reduction, access to which is provided to the Client through the Website or a Webpage.

2. GENERAL PROVISIONS

2.1. The agreement between the Contractor and the Client is concluded in the form of an adhesion agreement.

2.2. This Agreement is a public agreement (hereinafter the "Agreement") that is deemed concluded between the Contractor, on the one hand, and the Client, on the other, from the moment the Client accepts all of its terms without exception.

2.3. In the manner and on the terms set out in this Agreement, the Contractor provides services to the Client, and the Client accepts and pays for the Services provided.

2.4. The Client accepts this Agreement by taking an action that confirms consent to its terms.

2.5. The Client accepts the Agreement after reading its terms published on the Website, by paying for the Contractor's services in full and ticking the box confirming that the Client has read and accepts the terms of this Agreement.

2.6. The list and prices of the Services are published on the Website.

3. PRICE OF THE SERVICES AND PAYMENT PROCEDURE

3.1. The price of the Services depends on the Program chosen and is stated on the Contractor's Website or in the invoice sent to the Client after the Application for participation in the Program has been completed.

3.2. The Contractor may unilaterally change the price of the Services before they are paid for by publishing the new price on the Website.

3.3. The Client pays for the Services on a 100% prepayment basis.

3.4. Payment for the Services confirms that the Client has read and fully agrees with the terms of this Agreement.

3.5. The Services are paid for by transferring funds to the Contractor's current account. The payment methods for the chosen Service are stated on the Website or in the invoice sent to the Client after the Application for participation in the Program has been completed.

3.6. A Service is considered paid for from the moment the funds are credited to the Contractor's current account.

3.7. If a Service is paid for in installments and any installment is not received on time, the Contractor may refuse the Client access to the relevant Program without refunding the amounts already paid.

4. PROVISION OF THE SERVICES

4.1. To receive the Contractor's Services, the Client registers on the website and completes a form with personal data.

4.2. Having read the description of the program, the Client selects it on the website and clicks the "Pay" button.

4.3. The Client pays for the Services (the Program) by one of the offered methods and then notifies the Contractor of the payment, providing supporting documents in the manner stated in the invoice.

4.4. Once payment is confirmed, the Contractor sends the purchased Program to the email address the Client provided at registration.

4.5. If the Client does not receive the email, the Client must contact the Contractor's support service at [email protected].

4.6. The Program is intended solely for the Client who received that email. Transferring the Program to third parties is prohibited.

4.7. The Client is solely responsible for keeping their Personal Account credentials confidential and secure and for all actions performed through it, and undertakes to notify the Contractor immediately of any security breach.

4.8. To receive the Service, the Client ensures that their computer or mobile device meets the technical requirements.

4.9. The Contractor treats the Client's personal information as medically confidential. The Client's personal information is not disclosed to third parties.

5. RIGHTS AND OBLIGATIONS OF THE CLIENT

The Client has the right to:

5.1. Receive the Services on the terms of this Agreement.

5.2. Receive information from the Contractor about the Services provided and the terms of their provision by calling the telephone numbers stated on the Website, by sending a request to the email address stated on the Website, or through the contact form.

5.3. Log in to the Personal Account using their own credentials.

5.4. The Client has all consumer rights provided by the applicable legislation of Ukraine governing these legal relations.

The Client undertakes to:

5.5. Pay for the Services in full, in the manner and within the time limits stated in this Agreement.

5.6. Provide accurate information about themselves when completing the Application for participation in the Program. The Client is responsible for the accuracy of the information provided.

5.7. Review the information independently and in a timely manner on the timing, dates, price and terms of the Services published on the Website. The Client may not make claims against the Contractor for reading that information late or not knowing it, and is responsible for the consequences of reading it late or incompletely.

5.8. Follow the Contractor's recommendations, assignments, requirements and other similar instructions set out in the relevant program.

5.9. Provide the Contractor with up-to-date contact details for sending information materials and for contacting the Client in the course of providing the Services under this Agreement.

The Client is prohibited from:

5.10. Copying or distributing in any way the text, audio, video and information materials received under this Agreement.

5.11. Distributing the materials received under this Agreement by translating them into other languages.

5.12. Using the information received under this Agreement for commercial purposes by retelling or distributing in any way the knowledge obtained from the Contractor.

5.13. Using the information received from the Contractor, including, without limitation, for the purpose of creating a similar or competing service, or for obtaining commercial or financial gain, without the Contractor's prior consent.

5.14. Conducting their own business on the basis of the Contractor's Services.

5.15. Spreading false or inaccurate information, or information that discredits the honor, dignity or business reputation of the Contractor, as well as information that incites interethnic, ethnic, gender or racial hatred or hostility, calls for war or for a change of the constitutional order, or information whose distribution is prohibited by the legislation of Ukraine and the rules of international law, depending on the territory where the services are provided.

5.16. Transferring the Program and/or giving access to it to any third parties, or using the Services jointly with them.

6. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

The Contractor has the right to:

6.1. Independently determine the forms and methods of providing the Services, taking into account the requirements of the applicable legislation of Ukraine and the terms of this Agreement.

6.2. Unilaterally set the price of the Services.

6.3. Independently determine and change the content and scope of the information in the Program, and the functionality and interface of the Webpage, in the course of providing the Services.

6.4. Receive from the Client any information needed to fulfill the Contractor's obligations under the Agreement. If information is not provided, or is provided incompletely or incorrectly, the Contractor may suspend the Services until the required information is provided.

6.5. Conduct surveys and questionnaires among Clients, including requesting feedback on the Services received, and distribute (publish or otherwise) the survey results and feedback in compliance with the legislation of Ukraine on personal data protection.

6.6. Refuse to provide the Services or restrict the Client's access to the Program, without a refund, if the Client has provided inaccurate information.

6.7. Send bulk information messages (including advertising) to the Client's email address. Such messages must contain an unsubscribe link.

6.8. Unilaterally amend the terms of the Agreement by publishing a new version on the Website.

The Contractor undertakes to:

6.9. Provide services of proper quality in the manner and on the terms set out in the Agreement.

6.10. Store the information received from the Client (including personal data) in order to perform the Agreement.

6.11. Provide the Client with information about the Services provided and the terms of their provision.

6.12. Inform the Client of changes in the procedure for providing the Services by publishing such information on the Webpage, by email to the Client, or by other means.

7. REPRESENTATIONS AND WARRANTIES OF THE PARTIES

7.1. By accepting the terms of this Agreement, the Client assumes the risk of not making a profit and of possible losses connected with the use of the knowledge and skills acquired.

7.2. The Contractor, while ensuring the quality of the Services, does not guarantee that the content of the Services and the results obtained will exactly match the Client's expectations.

7.3. The Contractor does not carry out educational activities and does not issue certificates, diplomas, credentials or the like.

7.4. By agreeing to the terms of the Agreement, the Client warrants that they have provided complete, accurate and up-to-date data, including personal data, when completing the Application, registering and paying, and that they do not use other persons' data.

7.5. The Client warrants that they do not intend to take actions that damage the business reputation of the Contractor and/or the Contractor's partners, or actions contrary to the laws of Ukraine, international standards and business ethics.

7.6. The Parties confirm that they have the legal capacity required to conclude this Agreement.

7.7. If the quality of the Services is unsatisfactory, the Client may, within 14 (fourteen) calendar days from the start of the Program, apply to the Contractor for a refund.

7.8. The refund application is sent by the Client to [email protected].

The Client is responsible for the accuracy of the data in the application. The application must contain:

7.8.1. The Client's last name and first name;

7.8.2. The method, date and amount of payment;

7.8.3. The reasons why the Services are considered to be of inadequate quality;

7.8.4. Bank details for the refund.

7.9. If the application meets the requirements of clause 7.8, the refund is made within 30 (thirty) calendar days from the date the application is received. The refund is made net of the payment system's fee, to the card from which the payment was made.

7.10. If the information stated in the application is missing or inaccurate, the Contractor may refuse the refund.

7.11. If the Client breaches clauses 4.6, 4.7, 5.5 or 5.10–5.16 of this Agreement, the amounts paid are not refunded.

7.12. Claims and applications submitted by the Client after the period stated in clause 7.7 are not considered.

8. LIABILITY OF THE PARTIES

8.1. In the event of non-performance or improper performance of the obligations under the Agreement, the Parties are liable in accordance with the legislation of Ukraine and the provisions of this Agreement.

8.2. The Contractor is not liable for failing to provide the Services under this Agreement if the Client has provided inaccurate information, including but not limited to contact details (email), or has failed to provide updated information.

8.3. The Contractor is not liable for any mismatch between the content of the Service and the Client's expectations and/or subjective assessment. Such a mismatch is not grounds for considering the Services to be of poor quality or not provided in full.

8.4. The Contractor is not liable for the actions of third parties performed on behalf of the Client after logging in on the Website (Webpage).

8.5. The Client is personally responsible for all consequences, including the results expected from the Services received.

8.6. All disputes between the Parties are resolved through negotiations, with the utmost regard for the interests of the Client and the Contractor.

8.7. If the Parties fail to reach agreement through negotiations, the dispute is referred to a court in accordance with the applicable legislation of Ukraine.

9. FORCE MAJEURE CIRCUMSTANCES

9.1. The Parties are released from liability for full or partial non-performance of any provision of the Agreement if it is caused by circumstances that arose after the Agreement entered into force and are beyond the control of the non-performing Party. Such circumstances include natural disasters, extreme weather, fires, wars, strikes, military action, civil unrest, terrorist acts, outages of telephone networks and electronic communication channels, decisions of state authorities, etc. (hereinafter "force majeure"). The release from liability applies from the moment notice of the force majeure is given, confirmed by a certificate of the Chamber of Commerce and Industry or other documentary evidence. If the force majeure is caused by a decision of state authorities, the text of that decision is sufficient evidence.

9.2. Force majeure automatically extends the time for performing the obligations for the whole period of its duration and of the elimination of its consequences. When such circumstances occur, the Parties must inform each other immediately. If the force majeure lasts more than six months, either Party may withdraw from further performance of the Agreement, in which case neither Party is entitled to claim compensation from the other Party for any resulting losses.

10. PROTECTION OF PERSONAL DATA AND CONFIDENTIAL INFORMATION

10.1. By agreeing to and accepting the terms of the Agreement, the Client gives the Contractor unequivocal consent to the processing and use of any personal data that becomes known to the Contractor in the course of providing the Services under this Agreement, in accordance with the legislation of Ukraine on personal data protection.

10.2. The processing of personal data includes, but is not limited to, the collection, registration, accumulation, storage, adaptation, alteration, updating, use and distribution (dissemination, sale, transfer), depersonalization and destruction of personal data processed by the Contractor or by any person in a relationship with the Contractor, for the purpose of maintaining the client database.

10.3. All information that becomes known to the Client in connection with receiving the Services from the Contractor under this Agreement (including passwords for access to the Programs) is confidential information and a trade secret of the Contractor.

10.4. The Client undertakes not to disclose or transfer the Contractor's confidential information and trade secrets to third parties for review and/or use without the Contractor's prior written consent.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. All Program materials are protected by intellectual property laws.

11.2. The copyright and related rights to the Materials to which the Client is given access belong to the Contractor. The Client is granted only the right to use the Materials, solely for personal, non-commercial purposes.

11.3. It is prohibited to copy, reproduce, distribute, perform, communicate to the public, demonstrate, display, use, translate, edit, adapt or make any changes to the Materials in any way without the Contractor's prior written consent.

12. MISCELLANEOUS

12.1. This Agreement enters into force when it is concluded as provided in clause 2.5 and remains in force until the Parties have fully performed its terms.

12.2. This Agreement may be terminated early by mutual agreement of the Parties, or unilaterally in the cases provided for in this Agreement, subject to its terms.

12.3. In matters not regulated by this Agreement, the Parties are governed by the applicable legislation of Ukraine.

12.4. The Parties confirm their full and unambiguous understanding of the subject and content of this Agreement, of the rights and obligations of each Party arising from it or connected with its performance, and of the meaning of the terms used in it, and that the text of the Agreement corresponds to the intentions and will of the Parties.

12.5. If any provision (or part) of the Agreement is or becomes invalid for any reason, this does not affect the validity of the remaining provisions of the Agreement as a whole.

12.6. The Parties agree that the law of Ukraine applies to the relations arising between them under this Agreement.

12.7. The Parties may at any time execute this Agreement as a written bilateral document.

13. CONTRACTOR'S DETAILS

Individual Entrepreneur Svitlana Voroshylova

Taxpayer ID 2228008208

Registered address: 39 Rodyny Idzikovskykh St., Kyiv, 03151

Email: [email protected]

Tel.: +38 (067) 500 1993