PUBLIC OFFER
The document, the provisions of which are set out below, is a public offer and a public contract. According to the provisions of Art. 633, 641 of the Civil Code of Ukraine, the conditions of the public offer and the public contract are the same for all Customers (Customers). In accordance with Part 2 of Art. 642 of the Civil Code of Ukraine, registration on the web-site https://zumbatime.online is an acceptance of this offer, which equates to the conclusion of an agreement on the terms set out below, as well as the provisions of the Privacy Policy.
The privacy policy regulates the peculiarities of the Customer’s processing of personal data of Customers. You can read the provisions of the Company’s Privacy Policy at the link. The Privacy Policy is an integral part of these Terms.
This public offer is addressed to all individuals and legal entities who wish to use the service and have the technical ability to receive the service. Piliavska Olga Serhiivna, code 3054517104 (hereinafter – the Contractor) on the one hand, guided by current legislation of Ukraine proposes (public offer) to an individual and / or legal entity (hereinafter – the Customer), hereinafter – the Parties, and each separately – the Party, to conclude public contract for the provision of services (hereinafter – the Contract) on the following terms:
1. TERMS AND DEFINITIONS
1.1. Public offer (contract) – the Contractor’s proposal addressed to any natural and / or legal person, in accordance with Article 633 of the Civil Code of Ukraine, to enter into a public contract with him to provide access to services listed here https://zumbatime.online/courses
1.2. Acceptance – full and unconditional consent of the Customer to enter into this Agreement on the terms specified in this Agreement.
1.3. Executor – Pilyavska Olga Sergeevna, code 3054517104
1.4. Service – information and consulting or physical culture and sports (health) services.
1.5. Customer – a natural and / or legal person, Customer of the Service, who has agreed to the Terms and Privacy Policy of the Contractor, and registered in the manner specified on the service https://zumbatime.online, which the Contractor provides services in accordance with the terms of this Agreement.
1.6. The Service is the provision by the Contractor to the Customer of access to certain online lessons on a paid or free basis, after the Customer has registered in the manner prescribed by this Agreement.
1.7. Paid services – provision of services for a certain fee, in monetary terms, by the Contractor to the Customer in the amount provided by this Agreement, which the Customer chooses independently.
1.8. Free services – the Contractor provides the Customer with limited access services, ie limited search information contained in the service https://zumbatime.online/courses. The amount of restricted access is determined by the Contractor at its discretion and may change without the consent of the Customer.
1.9. Cost of services (price) – payment, the amount of which is set by the Contractor for the provision of a certain amount of services to the Customer for access to the service https://zumbatime.online/courses
1.10. The scope of services is the capabilities, functionality, content that are available to the Customer on the terms of certain paid or free access and determine the scope of the Customer’s access to use the Service.
1.11. Personal data – information or a set of information about an individual who is identified or can be specifically identified.
1.12. The subject of personal data – a natural person in respect of whom, in accordance with applicable law, the processing of personal data.
1.13. Consent of the personal data subject – any voluntary expression of the will of an individual to grant permission for the processing of personal data in accordance with the stated purpose of their processing. Registration on the service https://zumbatime.online involves the consent of the subject of personal data to their processing.
1.14. Account is a set of information about the Customer provided by him.
2. SUBJECT OF THE AGREEMENT
2.1. Based on the terms and conditions specified in this Agreement, the Contractor provides the Customer, and the Customer accepts services to access the service https://zumbatime.online/courses only after the Customer registers on the website https://zumbatime.online/courses and creates an account.
2.2. Any of the following actions is considered a full and unconditional acceptance of this public offer agreement:
– The fact of registration of the Customer on the Contractor’s Website by submitting an Application for training on the Contractor’s website https://zumbatime.online
– Payment for the Contractor’s Services on the terms and in the manner specified in this Agreement and on the relevant pages of the Contractor’s Website https://zumbatime.online
2.3. By concluding this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, prices for Services and all annexes that are integral parts of the Agreement.
3. PROCEDURE FOR PROVISION OF SERVICES
3.1. The service is provided on a paid or free basis at the option of the Customer by providing access to the service https://zumbatime.online/courses
3.2. All changes and additions to this Agreement are published on the Contractor’s website.
3.3. All terms of this Agreement are binding on both the Customer and the Contractor. Before using the Service, the Customer is obliged to read the terms of this Agreement. If the Customer does not agree with the terms of this Agreement, he is not entitled to use the Services under this Agreement
3.4. In case of disagreement of the Customer with the changes made by the Contractor to this Agreement or with the new tariffs for the Service, the Customer must terminate the use of the service.
4. PROCEDURE FOR PROVIDING SERVICES
4.1. The customer registers himself in the service on the site
https://zumbatime.online in the “Registration” section and automatically gets “Open” access.
4.2. The use of paid access is possible after registration by the Customer and selection and payment of paid services in the manner prescribed by these Terms.
4.3. If payment has not been made, access is made within the framework of “Open” access.
4.4. The Contractor shall post in the relevant section of the website https://zumbatime.online/courses complete and reliable information on:
– Programs and scope of services provided during each training or training course
– Current value
– Method of providing services (online or in person)
4.5. The Customer at its discretion chooses any service (eg training, coaching) or several services from the list of the Contractor.
4.6. Methods of providing services by the Contractor:
– In person, at the address to be notified by the Contractor in addition;
– Remotely, by providing online access (by opening the appropriate access in the Customer’s Account or in another way determined by the Contractor).
4.7. Videos, photos, text materials and other information materials can be used as part of the service. The authors of these materials can be both the Artist and others. The Contractor is in no way responsible for the consequences of their use.
4.8. Data obtained from third party resources are open data obtained from official sources, Google search engines, resources of other third parties who have the right to collect, process and transmit data in accordance with the laws of Ukraine. The Service collects, analyzes and uses data from open sources, including but not limited to the data set to be published in accordance with the Resolution of the Cabinet of Ministers of Ukraine № 835 “On approval of the Regulations on data sets to be published in the form of open data”, according to with the Law of Ukraine “On Access to Public Information”.
4.9. Correspondence and correctness of data in the Service depends on the correctness of such data on the resources of third parties. The Contractor is not responsible for the content of such data, as well as for the consequences of their use.
4.10. The Service may contain links to websites, web pages and third-party applications. You are solely responsible for reviewing the Terms of Use of the respective websites and you agree that you use such websites at your own risk and are fully responsible for the relevant actions.
4.11. The Contractor may, at its discretion, install additional functionality that may provide the Customer with access to additional service resources. Resources received by the Customer under the terms of the additional offer do not depend on the previous services of the Customer and do not affect the volume of services available under the relevant prepaid services. The terms of additional offers are posted in the Service and are an integral part of these Terms.
4.12. The Contractor reserves the right to change the terms and cost of services at any time. Changes in the cost of services do not apply to periods paid for by the Customer, but take effect for new orders or customers.
4.13. Terms of paid services are an integral part of these Terms and are mandatory for all customers. In addition, the Service may contain additional provisions regarding access to the Service. Such provisions are also an integral part of these Terms.
5. ACCOUNT
5.1. To use the functionality of the Service, the Customer must register an Account. To register an Account, the Customer must: provide name, surname, e-mail address.
5.2. By registering with the Service, you confirm that you are an able-bodied individual acting on your own behalf or legally on behalf of a legal entity. You also acknowledge that all information provided during registration is accurate, accurate and current.
5.3. By accepting the Agreement, the Customer voluntarily agrees to the collection and processing of personal data in order to provide services provided by this Agreement, including for sending telecommunications (e-mail, mobile) advertising and special offers, promotional information or any -some other information about the activities of the Contractor. In case of unwillingness to receive information about the activities of the Contractor, the Customer has the right to contact the Contractor, notifying the refusal to receive advertising materials and sending it to the postal or e-mail address of the Contractor.
5.4. The procedure for storage and processing of personal data of individuals by the Customer is set out in the Privacy Policy.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Contractor undertakes:
· Comply with the terms of this Agreement
· Provide the Customer with Services of proper quality
· Objectively inform the Customer about the Services and the conditions of their provision on the Website https://zumbatime.online
· Provide services to the Customer in accordance with the paid volume of services.
· Maintain the confidentiality of personal data of the Customer received during the registration of the Account and / or use of the service of personal data of the Customer received during the registration of the Account and / or use of the service
6.2. The Contractor has the right to:
· Stop providing paid services from the moment of their expiration
· Change the procedure for providing services and their cost without re-signing this Agreement by publishing changes on its website https://zumbatime.online
· At its own discretion to engage third parties to provide services under this Agreement
· Unilaterally suspend the provision of services under this Agreement in case of breach by the Customer of the terms of this Agreement
· Disclose any information, if necessary, in accordance with the legislation of Ukraine, at the request of authorized government agencies, as well as to ensure the proper functioning of the service https://zumbatime.online or protection of the Contractor and Customer (s), if it does not contradict the relevant Constitutional rights of citizens and current legislation of Ukraine
· Other rights in accordance with the current legislation of Ukraine and this Agreement.
6.3. Замовник зобов’язується:
· When using paid services, pay for the Contractor’s services on time in the amount, procedure and terms stipulated by this Agreement.
· Comply with the terms of this Agreement
· Do not resell, do not provide the results of services under this Agreement to third parties
· Get acquainted with the Agreement, the conditions of providing selected services, comply with and comply with their requirements
· Keep all network details (logins, passwords) secret
· The Customer undertakes not to collect, copy and process personal data of others, as well as any other information posted on the Service, in particular by parsing, ie collecting, analyzing, processing and storing information posted on the web pages of the Service by using parser programs (“spiders”) and their analogues.
6.4. The customer has the right to:
– Receive information about the services and their conditions, which are specified on the Contractor’s website https://zumbatime.online
– If you have any questions, consult the Contractor by phone or e-mail to find out any terms of service, payment procedure, etc .;
– Place an Order for the Services listed on the relevant page of the Website https://zumbatime.online
– Require the Contractor to provide Services in accordance with the terms of this Agreement
– Use the Service within the functionality available for the selected service in accordance with these Terms.
– In case of any questions, complaints or suggestions regarding the use of the Service or the need to obtain other information within the competence of the Contractor, contact the technical support service using the appropriate functionality of the Service or by sending an e-mail to the Contractor https : //zumbatime.online
– Other rights in accordance with the current legislation of Ukraine and this Agreement
7. COST OF SERVICES AND PAYMENT PROCEDURE
7.1. The cost of Services under this Agreement is determined in accordance with the prices published on the website https://zumbatime.online/courses. Prices are indicated in the national currency of Ukraine.
7.2. Payment for the Services is made by the Customer by cashless payment to the Contractor’s current account or by other means of payment specified on the Contractor’s Website
7.3. Services are provided subject to payment in the amount of 100% upon receipt of payment to the current account of the Contractor. The date of the beginning of the provision of Services by the Contractor is the day of receipt of funds on the current account of the Contractor from the Customer.
7.4. The customer is solely responsible for the correctness of the payments made by him.
7.5. The Customer shall independently and at its own expense pay the cost of third party services, if necessary to obtain the Contractor’s Services under this Agreement (for example, Internet access services and others).
7.6. Funds paid by the Customer for services are not refundable if the Customer has already used the services provided.
8. The procedure for receiving and transmitting services
8.1. In the absence of claims by the Customer to the scope and quality of the Services, the Services are considered accepted by the Customer in full without objection. These claims to the quality or scope of the Services provided by the Customer must be sent to the Contractor in writing within 2 days from the date of actual payment for the Services by the Contractor. Claims accepted by the Customer after this period are not accepted and are not considered by the Customer. The written act of acceptance-transfer of the provided services is not signed.
9. RESPONSIBILITY OF THE PARTIES
9.1. For non-performance or improper performance of their obligations under this Agreement, the parties shall be liable in accordance with applicable law of Ukraine.
9.2. All disputes arising out of or in connection with this Agreement shall be settled by negotiation between the Parties.
9.3. If the Customer is not satisfied with the conditions and / or quality of the Service, it is desirable to stop using it.
9.4. The Contractor shall not be liable for any damages (direct, indirect and accidental), including lost profits due to violations of the Service, as a result of its use or inability to use. The Contractor shall not be liable for any actions or omissions of a person and their consequences related to the use of information obtained from the Service, unless otherwise provided by law.
9.5. The Customer undertakes not to violate or attempt to violate the provisions of these Terms. If the Contractor determines at its discretion that the Customer has violated or attempted to violate these Terms, the Customer’s access to the Service may be terminated. The Contractor may restrict the Customer’s access to the Service, block or delete the Account due to breach of this Agreement.
9.6. The Contractor shall not be liable for damages related to the deterioration of the Customer’s health, if the state of health has deteriorated due to an acute illness, exacerbation of injury or chronic disease or improper performance of video tutorials of the service. The Contractor shall not be liable for any injury received by the Customer, including if the cause of the injury was improper performance of dance or other movements during training, etc.
9.7. Under the terms of this Agreement, the total amount of liability of the Contractor under this Agreement in any case may not exceed 10% of the value paid by the Customer.
10. DISPUTE RESOLUTION PROCEDURE
10.1. These Terms and relations between the Parties are governed by the laws of Ukraine.
10.2. All disputes that may arise in connection with these Terms, including any issues concerning their implementation, conclusion, validity or termination, the Parties will seek to resolve through negotiations.
10.3. The Customer agrees that for the purpose of resolving disputes between the Parties, an effective and mandatory means of communication is correspondence with the Customer by e-mail or telephone.
10.4. If the Parties do not agree on the dispute within 30 (thirty) calendar days, the dispute shall be referred to the competent court in accordance with the laws of Ukraine.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All components of the Service as a whole belong to the Contractor and are protected by the legislation in the field of protection of intellectual property rights.
11.2. Any use or copying of site materials, design elements and design is allowed only with the written consent of the copyright holder and only with reference to the source zumbatime.online
11.3. The ZUMBA® trademark and all elements including the logo and other branded elements are the property of Zumba Fitness, LLC. The trademark is used under the Zumba® license and under The ZIN ™ License Agreement
11.4. All music that may be used in the provision of the Services is licensed under a free public notice from Creative Commons or licensed to Zumba Fitness, LLC. and under The ZIN ™ License Agreement
12. FINAL PROVISIONS
12.1. The Customer has the right to terminate these Terms unilaterally at any time by deleting your Account. To delete the Account, the Customer must send a letter with a request to the e-mail of the Contractor [email protected]
12.2. The Contractor has the right to terminate these Terms unilaterally at any time.
12.3. The Contractor has the right to make changes or additions to these Terms at any time without any special notice by posting a new version of the Terms in the appropriate section of the Service. The new version of the Terms comes into force from the moment of its placement in the Service, unless otherwise provided by the new version of the Terms. The Customer must periodically review the current Terms. If after the expiration of 5 (five) calendar days after the change The Customer continues to use the Service, which means that the Customer fully and unconditionally agrees to such changes.
12.4. All requests for the use of the Service, in particular those provided for in these Terms, must be sent to the Owner at the following e-mail: [email protected]
Date of publication – 02.05.2022