Usage Agreement of the Internet resource kica-online.com
This Agreement is addressed to all Users of the Internet site “kica-online.com” (hereinafter referred to as the Site) and is a public offer (offer).
Site kica-online.com is an Internet site that is accessible at http://kica-online.com (including all of its subdomains, sections, web pages) managed by the Administration.
The site contains information about the offered goods and / or services and / or other values for the user, which are provided by the Site Administration, allowing the selection, order and (or) purchase of the goods and / or the receipt of the service.
Content of the site is protected results of intellectual activity, which include, but is not limited to: video materials, recipes, texts, photo materials, visual interfaces, design, structure, appearance, general style, location of this Content included in the Site and others objects of intellectual property all together and / or separately, contained on the site http://kica-online.com
The Site and the Content included in the Site are belonging to Tetyana Verbytska.
Offer — is published appeal to visitors of the Site with a proposal to use the Site on the terms and conditions contained in this Agreement, including all its applications.
Acceptance — is full acceptance of the terms of Agreement by User.
Use of the Site — viewing of any pages of the Site, viewing of the content of the site, posting, reviews, comments, ratings, personal data, registration on the Site, log-in (authorization) on the Site, use of paid and free Site Services.
Administration — Individual Entrepreneur Verbytska Tetyana and / or authorized employees on the Site management, acting on behalf of IE T.S. Verbytska
User — is an individual who has reached the age of 18, has full civil legal capacity, which uses the Site.
Parties — this Agreement is understood to mean the User who has accepted the terms of this Agreement and the Site Administration.
Services — paid and free services provided by the site content (functional capabilities) available to the User on the Site and provided by the Site Administration on the terms of this Agreement, and taking into account the terms of the services provided on the Site that are an integral part of this Agreement.
Registration — is the successful passing by the User of the Site of a special procedure, as a result of which he transmits his personal data to the Site Administration including: account name / login, e-mail address and password, through which the Administrator can identify (authorize) the User and provide the services ordered by the User.
Account — the User’s unique data, through which the User accesses his electronic cabinet, if the provision of the Cabinet is provided by the Site Administration, in the Site system and can manage the available functions, as well as other own information on the Site.
- General provisions
- 1.1 This Agreement is a public offer in the context of Art. 633 and 641 of the Civil Code of Ukraine and in the event of acceptance of the conditions set forth below (acceptance), any User of the Site undertakes to comply with the terms of this Agreement.
- 1.2 According to this Agreement, the Site Administration (independently and / or with the involvement of third parties) suggests the User to use the Site and provides all Services available on the Site on the terms and conditions set forth in this Agreement.
- 1.3 This agreement is available to visitors at the call-up of the Site and any further use of the Site is a confirmation of the User’s unconditional consent with all the terms of this Agreement and also their acceptance for execution.
- 1.4 In the event of the User’s disagreement with any condition (s) or paragraph of this Agreement, the User shall not use the Site and must leave it.
- 1.5 This Agreement is freely available on the Site, is an official document of the Site Administration and has corresponding legal force.
- Service Delivery Procedure
- 2.1 The site administration provides access to the site (user registration) free of charge, while a number of Services are provided by the site Administration on a fee basis, which is indicated directly on the site.
- 2.2 Administration of the site at its discretion independently and / or with the help of third parties manages (adds, modifies, deletes) information and Services on the Site that are accessible to the User when calling-up the Site.
- 2.3 The user at his own discretion orders the services he needs, following the instructions on the Site, browsing and using the information he is interested in (the content of the site).
- 2.4 Full-functional access to the services of the site is provided by the Site Administration only after the User registers on the Site.
- 2.5 Payment for ordered paid services is carried out in the order of 100% prepayment and in the manner indicated on the Site.
- 2.6 After the order of a certain Service, the User has no right to refuse the ordered services, and in the case of payment for services, funds don’t return to the User.
- 2.7 The User agrees that the Services are provided in the form in which they are provided on the Site. The site administration does not guarantee the error-free and uninterrupted operation of the Site (although it does its best to do so), and is not responsible for the possible consequences of using the Site and the Services by the User, including any losses, lost profits, third party claims, data loss and so on.
- Rights and duties of the site Administration
- 3.1 The site administration undertakes to make every effort to properly perform its duties within the framework of this Agreement, including normal operation of the Site services and non-distribution to third parties of personal data provided by the User, except as provided by the legislation of Ukraine.
- 3.2 The site administration can periodically establish and change restrictions on the use of the Site Services.
- 3.3 The site administration has the right to change or stop the operation of the Site Services or their parts at any time with or without notice to the User, without bearing any responsibility for such changes or termination.
- 3.4 The site administration reserves the right to conduct short-term technical works on the Site with the suspension of the work of individual Services or the entire Site, while the Administration of the site makes efforts to minimize the possible negative consequences of such suspension for Users.
- 3.5 The site administration without any notice to the User may limit, suspend the User access to the Site if the User violates the terms of this Agreement or the conditions for using the Services. The administration of the site reserves the right at any time to delete or disable the User account, and also to delete all information of the User, and not bearing responsibility for their actions to the User and third parties.
- 3.6 The site administration has the right at any time to require the User to confirm the data specified by him at registration and request in connection with this supporting documents (in particular – copies / certified copies of identity documents), the provision of which can’t be equated with the provision of unreliable information . In the event that the User’s data indicated in the documents provided by him do not correspond to the data specified at registration, and also in the case when the data specified during registration does not allow the User to be identified, the site administration has the right to refuse to the User to access the use of the Services without notification of the User.
- 3.7 The site administration has the right to delete any information of the User at the request of the right holder or competent state authorities, and also at its discretion, if it does not comply with the principles and principles of public morality, or contradicts editorial policy, or is prohibited by Ukrainian legislation. The decision to remove is final and can’t be appealed.
- 3.8 The site administration has the right to transfer the Site with all its services and content, including the personal information of the Users, to its legal successor on any lawful grounds. The transfer and notification of Users about such transfer is carried out in accordance with the requirements of the current legislation of Ukraine.
- 3.9 The site administration has the right to unilaterally amend the present Agreement without prior notice to the User. Changes to the terms of this Agreement shall enter into force immediately after their publication on the website at http://kica-online.com.
- 3.10 The site administration has the right to change the cost, types of Services and terms of services, add new Services, suspend, delete and change the current Services.
- Rights and obligations of the User
- 4.1 The User has the right to register on the Site for the further Use of the Site and its Services using the chosen password, as well as entering other data required for registration on the Site.
- 4.2 The user is obliged to keep in secret his account details of the Site (login and password).
- 4.3 The user is entitled to use the functions and Services of the Site solely in accordance with their direct purpose.
- 4.4 The user is prohibited from placing on the Site materials and / or information of an advertising or commercial nature, except for sections of the Site specially designed for this.
- 4.5 The User is prohibited from using the Site in illegal and prohibited activities. The user agrees to comply with laws including not distributing spam, not distributing malicious software, links to WEB-resources that may harm someone, and not doing other actions on the Site that do not comply with the norms of morality and Ukrainian legislation.
- 4.6 The user is prohibited from completely or partially copying and / or distributing the Site Content, including the video materials of the Site and recipes in any other sources.
- 4.7 The user has the right to contact the site administration with questions / complaints and suggestions on the work of the Site at: [email protected]
- Responsibility of the Site Administration and the User
- 5.1 The user is responsible and takes steps to ensure the security of his account (including control over the e-mail address). The User undertakes to immediately notify the site Administration of any cases of unauthorized use of his account by third parties.
- 5.2 The user is responsible for all actions performed on the Site using the account and on behalf of the User (using his login, email address and password for entering the Site), including actions with money including the correctness of payment details. The user is allowed to use the Services of the Site only with his own login, email address and password.
- 5.3 In the event of a violation of Section 4.6. site Administration has the right to block the account of the User without the right to restore it and without refund for early purchased video master classes, as well as has the right for compensations of material and moral harm inflicted in connection with the unlawful actions of the User in the field of intellectual property rights protection.
- 5.4 The user himself bears the costs associated with making money transfers when paying for the Services of the Site.
- 5.5 Administration of the site is not responsible for the accuracy and correctness of information provided by the User at Registration.
- 5.6. The administration of the site is not responsible for the content of the information posted by users (including announcements, hyperlinks, reviews, comments, etc.).
- 6.1 The site administration ensures the security of the User’s data from the loss, disclosure and unauthorized access of third parties.
- 6.2 Through the use of the Site, the User grants the site Administration the full right (permission) to process his personal data in order to ensure the implementation of economic activities and the conclusion of agreements, according to the Civil Code of Ukraine, the provision and / or transfer of personal data to third parties in the manner and on the grounds specified by applicable law without the need to notify the user about actions with his personal data.
- 6.3 In case of changing the specific purpose of personal data processing, the User does not object to the processing of his personal data, if such need will be determined by the current legislation and / or internal documents of the site Administration, and also confirms that he is acquainted with the Law of Ukraine “On Protection of Personal Data” with all amendments and additions to it.
- 6.4 The site Administration discloses personal and other data of the Users solely for purposes related to the Use of the Site and the provision of the Services. The User agrees with the disclosure of the information he has made to all users of the Site, subject to the conditions and limitations set forth in this Agreement.
- 6.5 In accordance with the requirements of the current legislation of Ukraine, the Administration of the site may disclose the User’s data to third parties for purposes related to their legal rights and powers, including state bodies and institutions, subject to the established procedure for providing such data.
- Circumstances of force majeure
- 7.1 The Parties are exempted from liability for non-fulfillment (improper performance) of their duties under this Offer in cases when there are force majeure circumstances such as: fire, flood, earthquake or other natural disaster, war, military actions of any kind, terrorist acts, announcement the Government of Ukraine default, and which occurred not through the fault of the Party concerned, as well as other circumstances that could not be foreseen or prevented by the Parties, including the adoption of the law and / or other normative act, or an act of non-normative nature adopted by a public authority or local government, which prohibits or restricts any action of the Parties under this Agreement.
- 7.2 The occurrence of force majeure circumstances prolongs the deadline for the fulfillment of obligations under the Agreement for a period that is equal to the period of validity of force majeure circumstances. The Party is obliged to notify the other Party about force-majeure circumstances within 10 calendar days from the moment of occurrence of such circumstances. A proper confirmation of the existence of force majeure circumstances is the certificate of the authorized state body of Ukraine.
- Dispute resolution
- 8.1 In case of disputes in connection with this Agreement, the Parties resolve them through negotiations.
- 8.2 If it is not possible to resolve the dispute by negotiation, either Party shall have the right to apply to the court for the protection of its rights, which are provided by the current legislation of Ukraine.
- Term of the Agreement
- 9.1 The Agreement comes into force from the moment of its publishing on the Site and is valid until the Parties fully fulfill their contractual obligations undertaken by each Party in the manner specified in this Agreement.
- 9.2 In case of early termination of the Agreement for any reasons and grounds, the funds received as advance payment shall not be returned to the User.
- 9.3 In the event that one or more provisions of this Agreement are recognized invalid in the manner prescribed by law, it will not mean the invalidation of the remaining provisions of the Agreement.
IE Tetyana Verbytska
MFO in PJSC KB “PRIVAT BANK”
Tel. +38 (097) 600-92-25
Legal address: Ukraine, Kiev, Layosha Gavro Street, 3, app. 4