PUBLIC OFFER FOR SALE OF TICKETS TO INDIVIDUALS
TO EXHIBITIONS AND CONFERENCES
SMILE-EXPO LLC, hereinafter referred to as “Contractor”, enters into this agreement with any individual or legal body, hereinafter referred to as “Customer”. This Agreement is a contract of adhesion and regulates the relations between the Parties in accordance with Art. 634 and paragraph 2 of Article 641 of the Civil Code of Ukraine.
1. TERMS AND DEFINITIONS USED IN PRESENT AGREEMENT
1.1. Customer - an individual who came in full and without exception to terms of the offer (accepted the offer).
1.2. Contractor - SMILE-EXPO Limited Liability Company.
1.3. Online shop - the website that has an internet address www.smileexpo.com.ua, owned by the Contractor (hereinafter - Website).
1.4. Ticket - a document in the form defined by the Event organizer, being an electronic or physical document, purchased for a fee, certifying the right to visit the Event. One ticket is valid for one person.
1.5. Order - the decision of the Customer to purchase Ticket to the Event, submitted in the online store.
1.6. Event - Conference and/or Exhibition, organized by SMILE-EXPO, LLC or other party SMILE-EXPO act in the interests of. Information about the event can be found on the Website.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this offer is sale of tickets for the Customer to specific events suggested in the online shop on the terms of this Offer and Terms and conditions for ordering tickets to exhibitions and conferences.
2.2. The acceptance of this Offer in case of purchasing of the electronic Ticket is admitted only when Customer takes the series of following steps:
- Completing the application form on the Website;
- Payment for the order in full.
2.3. Acceptance of the Customer is the unconditional acceptance by the Customer of any terms of the present Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Contractor shall be obliged to:
3.1.1. Since entering into this Agreement, provide the Customer with Ticket to Event by means of e-mail specified in Customer's application form.
3.1.2. Inform the Customer of any amendments regarding Event by posting information about the changes on the Website.
3.1.3. Not disclose any personal information of the Customer and not provide access to this information to third parties, except as required by the law of Ukraine.
3.2. Contractor shall have the right to:
3.2.1. Require Customer's full consent to the terms of the Offer.
3.2.2. Engage the services of the third parties to receive payment for Tickets.
3.2.3. In his sole discretion change the program of the Event, posting appropriate information about changes on the Website.
3.2.4. Turned on and off the Website, perform preventive maintenance on the server and other equipment used in Website operation at any convenient time, informing the customers on the Website.
3.2.5. Contractor reserves the right of non-fulfillment of the Services in case of force majeure (paragraph 6 of this Agreement).
3.2.6. Contractor shall have the right to deny Customer's access to the Event or Customer may be sent off from the Event without compensation of the Ticket cost in the following cases:
- customer sells products, applies captions, sticks on and distributes printed products, posters, fliers and other products with informational and advertising content, conducts presentations, demonstrations, conducts propaganda and agitation activities without the written consent of the Organizer;
- customer organizes and conducts unapproved meetings, demonstrations, marches, pickets, as well as other unsanctioned activities and flash mobs on the territory of the Event;
- customer performs actions that may become a source of danger to the property of Organizer, participants of the Event and/or exhibition venue, to life and health of people on the territory of the Event; actions that may become obstacles or violations in keeping safety at the Event;
- customer carries and/or consumes alcoholic beverages, narcotic and psychoactive drugs on the territory of the Event, stays under the influence of alcohol, narcotic or toxic substances;
- customer violates public order or in any other way prevents from conducting the Event or doesn’t adhere to Organizer’s legitimate demands.
3.2.7. Contractor reserves the right to send newsletters involving informational and advertising materials to Customer's contact data. Making payment (part of payment) under the present Agreement confirms Customer's consent to receive informational and advertising materials relating to products/works/services offered by the Contractor and/or Contractor’s counterparties, as well as the information specifying the materials previously sent by the Contractor. Customer confirms his consent to receive newsletters, electronic newsletters and other mailings (personalized or bulk) performed by Contractor at his own discretion (from any accounts used by the Contractor), for distribution of information on industry news and/or advertising of products/works/services offered by the Contractor and/or Contractor’s counterparties.
3.2.8. Service Provider shall have the right to cease/restrict the sale of tickets to Event if the number of Attendees present on the territory of the Event exceeds the allowed quantity calculated at the rate of 1 person per 5 square meters of area or the attendance in the premises exceeds 50 percent of the seats.
3.2.9. In the event Attendee (Customer) is violating the public order, preventing the normal course of Event Program, creating obstacles for other Event attendees in receiving services, Service Provider shall have the right to remove such offending Attendee from the Event venue. In case of the abovementioned event, the funds paid by the Customer shall not be returned to the Customer.
3.2.10. Service Provider reserves the right to remove/refuse the right to attend the Event to persons who use swear words and/or defame the honor, dignity and reputation of Service Provider and/or persons present at the Event.
3.2.11. Contractor shall have the right to take photographs, record audio and video of the whole Event and its visitors on the territory of the Event in particular.
Contractor (his counterparties and authorized persons) can use the abovementioned photos, audio and video materials at his own discretion, including, but not limited to publishing it in the printed issues, advertising materials, on websites, without receiving additional approval from Customer/his representatives – Event visitors (actually present on photos/video during the Event on the Event territory) and without paying any compensations/charges to Customer/his representatives – Event visitors.
Herewith, Contractor (his counterparties and authorized persons) have the right to use the abovementioned photos, audio and video materials in the way stipulated in the previous paragraph, either without adding Customer’s name, or with adding Customer’s name provided that the Customer gives his separate permission for such action.
Acceptance of the present Offer and payment of the invoice drawn by the Contractor shall be considered as declaring and confirming of Customer’s and visitors’ (whose Tickets are paid for by the Customer) consent with Contractor’s rights specified in the present paragraph.
3.3. Customer shall be obliged to:
3.3.1. Familiarize himself with the terms of present Agreement and the cost of a ticket on Website prior to entering into this Agreement.
3.3.2. Agree with the terms of this Offer.
3.3.3. Choose the event that Customer wants to attend, adhering to the age limitations stipulated by the Website for attending of this Event.
3.3.4. Specify the correct information about his data when buying a ticket. When the Customer refuses to provide the necessary data, the Contractor shall have the right to refuse the sale of tickets.
3.3.5. Independently verify information of the Order before placing your order. Customer is solely responsible for the accuracy and legitimacy of the use of data provided by Customer when ordering Ticket (Tickets).
3.3.6. Pay the full price of the Ticket (Tickets) in accordance with the Terms and Conditions for ordering tickets to exhibitions and conferences.
If it’s necessary to get documents confirming the payment, address the Contractor.
3.3.7. Provide Customer’s ID when receiving a badge (ticket) granting access to the Event on demand of representative of SMILE-EXPO, LLC (person with a badge – “Organizer”) or on demand of representative of the third parties hired by SMILE-EXPO, LLC (security, registration zone personnel).
3.3.8. Provide Customer’s ID when entering the Event territory each time on demand of representative of SMILE-EXPO, LLC (person with a badge – “Organizer”) or on demand of representative of the third parties hired by SMILE-EXPO, LLC (security, registration zone personnel).
3.3.9. Shall not to use the services of the Service Provider in any form (including, but not limited to: stand space, promotion on the entire territory of the Event, information for advertising messages, information for news messages on the website and in social networks of the Service Provider and any other services) for the purposes of dissemination/promotion of information about its (Customer’s) and/or third parties’ products, services, as well as about the event (including, but not limited to: party, afterparty, conference, exhibition, seminar, competition, etc.).
3.3.10. Not make any actions stipulated by p. 3.2.6. of the present Agreement.
3.4. Customer shall have the right to:
3.4.1. Purchase ticket on the Website. Thus, Customer acknowledges that he fully and unconditionally accepts the terms of the Offer.
3.4.2. Select the method of payment for the ticket from those offered on the Website.
4. TICKET REFUND
4.1. Customer may annul the electronic Ticket purchased on the Contractor’s website not later than 72 hours prior to Event.
In case of the annulment of the electronic Ticket, Contractor returns Customer the amount paid for the order within 7 days using the same means of electronic payment the payment was received by, using the same account details (e-purse) the payment was effected from by the Customer.
4.2. In case of cancellation of the event, Customer receives back the full ticket price. Refund of tickets sold at a discount is made taking into account the reductions.
In this case, Contractor returns Customer the amount paid for the order within 7 days using the same means of electronic payment the payment was received by, using the same account details (e-purse) the payment was effected from by the Customer.
5. LIABILITY AND DISPUTES RESOLUTION
5.1. Contractor shall not be liable in case of non-compliance or improper compliance of services on his part or on the part of third parties, arising due to the unreliability, failure or delay of confirming information provided by the Customer and arising as a result of other violations of the terms of the Offer by the Customer.
5.2. Contractor shall not be liable in case of non-attendance of Event by the Customer because of circumstances beyond the control of the Contractor (Event organizer).
5.3. Contractor shall not be liable for non-compliance of Event with Customer’s expectations and his subjective judgment.
5.4. In case of violation of p.3.3.9. hereto by the Customer, Service Provider shall have the right to remove such violator from the Event venue. In case of the abovementioned event, the funds paid by the Customer shall not be returned to the Customer.
5.5. Contractor shall not be liable for any of Customer’s personal property that has been lost, damaged or completely/partially missing at the Event. In the specified cases, the owner of the missing property can (at his sole discretion) address to law enforcement authorities in order to establish the truth and bring to justice those responsible. By their actions carried out in relation to complete or partial loss of property, attendees should not disrupt the normal course of Event, create any difficulties/obstacles/inconvenience to people present at the Event.
5.6. All disputes and all matters which may arise out of or in connection with the execution of the present Agreement are to be resolved whenever possible by means of negotiations between the parties. In the event of failure to settle the disputes and all matters by means of negotiations they must be submitted for settlement in court at the location of Contractor.
5.7. For all other matters not provided in this Offer, Parties shall be governed by the acting legislation of Ukraine.
6. FORCE MAJEURE
6.1. Parties are not responsible for the complete or partial failure to fulfill their obligations under the Agreement if such failure was caused by force majeure, i.e. extraordinary and unavoidable conditions under the given circumstances.
6.2. The circumstances of force majeure, in particular, include: natural disasters, acts of war, national crisis, strikes in the industry or region, the actions and decisions of public authorities, failures arising from telecommunications and energy networks, the effect of malware, as well as the unscrupulous actions of third parties expressed in actions aimed at unauthorized access and/or disabling the software and/or hardware system of each Party.
7.1. Customer is responsible for maintaining the confidentiality of his login name (login) and password and for all activities performed under that name (login) and password.
7.2. Contractor shall not be responsible and will not reimburse losses caused by unauthorized use of identification details of the Customer by third parties.
8. CONSENT TO PROCESSING OF PERSONAL DATA
8.1. By accepting the Offer, Customer gives his consent to the Contractor for collecting, processing, storing, using his personal data, within the meaning of the Law of Ukraine “On protection of personal data”. Customer gives his consent for collecting, processing, storing, and using his personal data on the conditions stipulated by the Law of Ukraine “On protection of personal data”. Consent for processing of personal data is valid within the whole period of Agreement validity, as well as during the unlimited time after the ending of its validity. In addition, by entering into this Agreement, Customer agrees that he is notified (without an additional notification necessary) about the rights, established by the Law of Ukraine “On protection of personal data”, about the purposes of data collection, as well as that his personal data are provided to the Contractor with the purpose of the fulfillment of the present Agreement. Customer is also admits that Contractor shall have the right to provide access to and transfer Customer’s personal data to third parties without any additional notifications of the Customer, without changing the purpose of processing of personal data. Customer is aware about the amount of his rights as a personal data owner in accordance with the Law of Ukraine “On protection of personal data”.
9. BANK DETAILS OF CONTRACTOR:
Legal address: 7 Budindustriyi str., of. 1, 01013, Kyiv.
current account UA523808050000000026005550702 at JSC “RAIFFEISEN BANK AVAL”, Kyiv, Ukraine
Bank code: 380805
Tel. + 38(044) 392-06-96
E-mail: [email protected]