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Public offer agreement

By accepting this public offer, you agree to all the terms and conditions set out below and conclude an agreement on the provision of services from Svitlana Papir, an individual entrepreneur (Individual tax number 2982004108, country of tax residence Ukraine, e-mail: info@livecalm.online).


PUBLIC OFFER

This document is an official proposal (public offer) to conclude an agreement on the terms and conditions set out below.

In accordance with current legislation, acceptance of the offer by making a payment on the website https://www.livecalm.online, registering on the website or checking the box “I am familiar with the public offer” is acceptance and means the User’s agreement with the terms of this agreement. In case of disagreement with the terms of this Agreement, the conclusion of an accession agreement is not possible.

1. DEFINITIONS

1.1. Contractor – individual entrepreneur Svitlana Papir Volodymyrivna, which provides services in accordance with the terms of this Offer (hereinafter referred to as the "Contractor"). The Contractor undertakes to provide services within the agreed time limits and in accordance with the established procedure in accordance with the current legislation and the provisions of this document.

1.1 The Site (https://www.livecalm.online, hereinafter referred to as the "Site") is a platform that is a source of information about the services and goods offered by the Contractor. The Contractor may, at its own discretion, change the Site to another specialized software environment, while the User must independently familiarize himself with the functionality and rules of the Site. Use of the Site functions is included in the Cost of Services.

1.2 Services - psychological consultations, online marathons, access to educational materials, prize draws and other products/services presented on the Site.

1.3 Goods - electronic educational materials and other goods available for purchase on the Site.

1.4. Gift card – a product that is an electronic or physical document (certificate) with a unique code that entitles the User to receive the Services or Goods of the Contractor within the amount specified on the card.
1.5. Activation of a gift card – entering a unique card code by the User in a special section of the Site or in another way specified by the Contractor, within the established validity period of the card.

1.6. User – any individual or legal entity that has accepted this offer.

1.7. Acceptance – full and unconditional acceptance of the terms of the contract by making payment, registering or agreeing by checking the box in the offer.

1.8. Price – information about the price of services, goods, terms of providing discounts, other useful benefits that are specified on the website, social networks or advertising materials.

1.9. Tariff plans for services - a package of consultations (hereinafter referred to as the "Package"), a prepaid set of sessions with a psychotherapist, which allows the client to receive a discount compared to the cost of one consultation. Packages are offered in the following formats: Package of 4 consultations, Package of 8 consultations, Package of 12 consultations.


2. SUBJECT OF THE AGREEMENT

2.1. The Contractor undertakes to provide the User with access to the Services and/or Goods and/or Packages in accordance with the Price on the Site, and the User undertakes to pay for the services under the terms of this offer.

2.2. The cost of the Services, Packages and Goods is specified on the Site or in advertising materials.

2.3. Details about each Service or Product are set out on the relevant pages of the Site.

2.4. The Contractor undertakes to provide the User with the opportunity to purchase a gift card, as well as to ensure the sale of Services, Packages or Goods in accordance with the terms and conditions specified in this Offer.
2.5. The User undertakes to activate the gift card within 6 (six) months from the date of its purchase. In case of failure to activate within the specified period, the card becomes invalid and the amount paid for it is not refundable.

3. PROCEDURE FOR CONCLUSION OF THE CONTRACT

3.1 This contract is concluded by accepting the offer. The contract is considered concluded from the moment of payment, registration on the site or acceptance of the public offer.

3.2 By accepting the public offer to conclude such a contract, the User confirms that he fully accepts its terms.

3.3 The User confirms that he fully accepts the terms of the contract by accepting the offer through payment for Services and/or Goods and/or Packages, registering on the site or by clicking "I Accept the Public Offer".

3.4. The Agreement is considered concluded from the moment the User pays the cost of the gift card.

4. PRICE AND PAYMENT PROCEDURE

4.1. The current Cost of the Goods and/or Services and/or Packages is indicated on the website livecalm.online.

4.2. The cost of the gift card is determined on the Website of the Contractor.

4.3. Payment terms: 100% prepayment.

4.4. Payment for the Services and/or Goods and/or Gift Cards is made in the hryvnia equivalent through online payment systems or to the Contractor's current account according to the exchange rate established by the National Bank of Ukraine as of the date of payment.

4.5. The gift card cannot be exchanged for cash. The funds for it are returned in the same way as the payment was made (bank card, electronic wallet, etc.), if it has not been activated and less than 6 (six) months from the date of its purchase.
4.6. In case of non-activation of the gift card within the specified period, it becomes invalid, and the amount paid for the card is not refundable.

4.7. The User has the right to request a refund for unused services under the following conditions:

4.7.1. The cancellation of the service occurred no later than 24 hours before the start of the Service.

4.7.2. The Service was not provided for technical or other reasons arising from our side, then the User has the right to: repeat the Service free of charge or refund under the conditions specified above.

4.7.3. Refund conditions for unused Packages.
4.7.3.1.. If the User has not used all the Consultations from the Package, the refund is made under the following conditions: Package of 4 consultations (If 3 consultations are used, they are calculated at the cost of one consultation indicated on the website and the balance of the full Cost of the package with the movement of the used Consultations is returned to the User. For example: the cost of 1 Consultation on the website is 800 UAH, we get 3*800 = 2400 UAH. The cost of the Package of 4 sessions is 3000 UAH. The balance that is returned to the User is 3000-2400=600 UAH)​. Package of 8 consultations (If 6 consultations are used, 4 consultations are calculated at the cost of a package of 4 consultations, and 2 consultations are calculated at the cost of one consultation specified on the website. For an example of calculation, see the package of 4 sessions). Package of 12 consultations (If the number of consultations used is equal to the number provided for in a smaller package (for example, 4 or 8 consultations), then the calculation is made at the cost of the corresponding package. All additional consultations used that do not belong to the full package are calculated at the cost of one consultation specified on the website. The amount for unused consultations is returned to the client. For an example of calculation, see the package of 4 sessions).

4.8. Conditions under which a refund to the User is not possible:

4.8.1. If the Service was provided in full and the User confirmed its receipt.

4.8.2. If the cancellation of the service occurred less than 24 hours before the start of the Service.

4.8.3. In case of failure to attend the Service by the User without notice.

4.8.4. In case of the User being late for the Service for more than 15 minutes, the Service is considered provided and the funds are not refunded.

4.9. Refund request processing time

4.9.1. The refund request must be made by the User via e-mail info@livecalm.online indicating: Client's full name; Order/payment numbers; Reasons for cancellation or refund in any form. If the refund request concerns a Package, add the name of the consultation package and the number of consultations used.

4.9.2. Your request will be considered within 5 business days from the date of receipt of the request. If the refund is approved, the funds will be credited to your account within 7 business days after the decision is made.

4.9.3. The funds are returned in the same way as the payment was made (bank card, electronic wallet, etc.).

4.9.4. A refund is possible only if all the rules specified in clause 4 are observed. We reserve the right to refuse a refund in case of violation of the terms of clause 4.

5. PROCEDURE FOR PROVIDING SERVICES

5.1. The Contractor provides the Services and/or Goods via e-mail, online meetings, by sending to an address agreed with the User or by accessing the Services and/or Goods on the Site.

5.2. The Contractor is not responsible if the User missed the Service, which was intended for the User to receive by participating in the online broadcast in accordance with the specified information in the Service.

5.3. After receiving payment, the User receives a link or access to the Services and/or Goods within 24 hours.

5.4. The moment of provision of Services is considered the transfer of access to the link in the User's personal account on the website https://www.livecalm.online/ or via e-mail and any other forms of communication provided by the User.

5.5. The User consumes the Services by participating in online classes or viewing the Educational Materials, links to which are provided by the Contractor. All Educational Materials are copyrighted and subjective, the Contractor may not agree with the positions set forth in these materials. Copyright for all Educational Materials is transferred to the Contractor in accordance with the relevant agreements.

5.6. Access to the Services and/or Goods is provided exclusively for personal use. Transferring access to third parties is prohibited.

5.7. After payment, a gift card is sent to the User in the form of an e-mail with a unique code.
5.8. The User undertakes to keep the unique card code safe. The Contractor is not responsible for the loss or unauthorized use of the code.
5.9. Card activation is carried out in a special section of the Contractor's Website or in another way specified in the accompanying information to the card.

6. OBLIGATIONS OF THE PARTIES

6.1. The Contractor undertakes to:

6.1.1. Provide access to the Goods and/or Services as described on the Site and in accordance with the terms of this offer.

6.1.2. To provide the User with a link to the Services and ensure its implementation no later than the start date of the Service or to provide access to the Goods available for purchase on the Site no later than the terms specified on the Site or agreed with the User in writing.

6.1.3. To provide support via e-mail, website or chats.

6.2. The User undertakes to:

6.2.1 To accept and pay for the Services and/or Goods in accordance with the terms of this offer. Not to copy or distribute materials.

6.2.2 To consume the Services personally, not to transfer access to the Services and/or Goods to any third parties, not to copy or otherwise reproduce the Services and/or Goods. In case of violation of this condition, the Contractor has the right to terminate the contract unilaterally, and the User undertakes to pay a fine in the amount of 300% of the cost of the Service and/or Goods.

6.3. The Contractor is not responsible for:

6.3.1. Incorrect contact details provided by the client, which made it impossible to deliver the Service and/or Goods.

6.3.2 Circumstances beyond the Contractor's control (force majeure, technical failures on the User's side).

7. INTELLECTUAL PROPERTY RIGHTS

7.1 All content of the Site is the subject of copyright and belongs to the Contractor.

7.2 Intellectual property rights to the Services and/or Goods used on the Sites, in particular, but not exclusively, images, videos, logos, graphics, sounds, belong to the Contractor.

7.3 The Contractor also uses intellectual property rights that may belong to other persons on the basis of an appropriate license, agreement or other legal basis.

7.4 The Contractor grants the User a limited, non-exclusive, revocable and non-sublicensable license to use the Services and Goods.

7.5 By granting the User the right to use the objects of the right to use for the purposes of performing this Agreement, the Contractor does not transfer any intellectual property rights to such objects and does not grant permission to use them for purposes other than those specified in the Agreement.

8. LIABILITY OF THE PARTIES

8.1 In the event of a violation of the terms of payment for services, the Contractor has the right to terminate the Agreement unilaterally and restrict access to the Services and/or Goods.

8.2 The Contractor may unilaterally terminate this Agreement and block access to the Services and/or Goods in the event of: detection of distribution (or any reproduction) of the Services and/or Goods publicly and/or transfer of access to them to third parties who are not a Party to the Agreement and/or purchase of the Services and/or Goods in bulk (by several persons).

8.3 In the event of detection by the Contractor of violations provided for in clause 8.2. of this Agreement, the User undertakes to pay a fine in the amount of 300% of the cost of the Services and/or Goods. Violations may be recorded by screenshots, software or facts of access to the Services and/or Goods of third parties or by any other reasonable means.

8.4. The Contractor is not responsible for the loss or theft of a gift card if the code has already been activated.

8.5. The Contractor reserves the right to refuse to provide services in case of use of the card in violation of the terms of the Offer.

9. DISPUTE RESOLUTION

9.1 In the event of disputes, the Contractor and the User will take measures for pre-trial settlement of disputes.

9.2. All disputes arising in connection with the use of the gift card are resolved through negotiations. If it is impossible to reach an agreement, the dispute is submitted to the competent court in accordance with current legislation.

9.3. This Agreement is governed by the laws of Ukraine. If any dispute arising from or related to this Agreement cannot be resolved through negotiations, it shall be resolved in the Kyiv District Court of Odessa, Ukraine, as the court of first instance.

10. TERM OF THE AGREEMENT

10.1 This Public Offer shall enter into force from the moment of acceptance of the Agreement by the User and shall be valid until the parties fulfill all obligations.

10.2. The User has the right to terminate this Agreement early by sending a corresponding request to the Contractor's e-mail address (info@livecalm.online) specified on the Site. In this case, the Agreement shall be deemed terminated from the moment the Contractor receives such a request, unless otherwise specified in the text of the request or otherwise agreed upon between the parties and unless the User has violated the above-mentioned clauses of this Agreement.

10.3. The Contractor reserves the right to terminate the Public Offer unilaterally in the event of the User's violation of the terms of this Agreement or applicable law.

11. OTHER CONDITIONS

11.1 By entering into this Agreement, the User grants the Contractor the right to collect, process and store his personal data in accordance with the Privacy Policy.

11.2 The Contractor may change the terms of this Agreement unilaterally with prior notice to the User. In case of disagreement with the changed terms, the User has the right to terminate the Agreement unilaterally

11.3 Unless otherwise provided for in this offer, the usual no contractual terms established by law.

12. FINAL PROVISIONS

12.1. The terms of this Offer apply to all gift cards offered by the Contractor.
12.2. The use of a gift card by the User means his agreement with all the terms set out in this Offer.

12.3. Procedure for making amendments to the Agreement
12.3.1. The Contractor has the right to make amendments to the terms of this Offer unilaterally. All changes are published on the Site and come into force from the moment of their publication, unless otherwise specified by the Contractor.
12.3.2. The User undertakes to independently familiarize himself with the current version of the Offer. The use of the Services and/or the purchase of Goods after the publication of the changes means the User's full and unconditional acceptance of the new terms of the Agreement.
12.3.3. If the User does not agree with the changes, he has the right to terminate the Agreement in accordance with clause 10.2 of this Offer.

12.4. Recognition of the electronic form of the Agreement as equivalent to the written one
12.4.1. This Agreement, concluded in the form of a public Offer, has legal force in accordance with applicable law and is equivalent to an agreement concluded in writing.
12.4.2. By agreeing to the terms of this Offer, the User confirms that the conclusion of the Agreement in electronic form does not require additional signing of a written document.
12.4.3. Electronic correspondence between the parties, in particular, notifications, appeals or other documents sent by e-mail, are also recognized as having legal force if they are sent from the official addresses specified on the Contractor's Website or in the User's appeals.

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