This document is an official offer from individual solo-entrepreneur Artemov Artem Illich, hereinafter called the "Service provider" to enter into services rendering agreement (hereinafter the "Agreement") under the terms and conditions stipulated below with anyone accepting this offer (hereinafter the "Customer"), with Service provider and Customer jointly referred to as the "Parties".
This Agreement is a public contract within the meaning of an Article 633 of the Civil Code of Ukraine. The text of this Agreement published on the page - https://case.tube (website) is a public offer for entering into the Agreement on terms and conditions stipulated within. According to art. 642 of the Civil Code of Ukraine, this Agreement shall be deemed to come into force from the moment of accepting of the offer for entering into the Agreement by the Customer (the acceptance).
This Agreement shall be deemed to be a contract of adhesion within the meaning of p. 1 art. 634 of the Civil Code of Ukraine, which conditions are stipulated by one of the parties in the official forms or other standard forms, that can be signed only by mean of adhesion of the other party to the offered agreement as a whole. The other party shall not have the right to suggest its own conditions of the agreement.
1.1. "Customer" - a private individual or legal entity that accepts the conditions of the offer in full and without exceptions (conducting the acceptance of the offer).
1.2. "Service provider" - individual solo-entrepreneur Artemov Artem Illich.
1.3. "Website" - web resource owned by the Service provider that has the Internet address - https://case.tube
1.4. "Registration on the Website" - a procedure during which the Customer fills out certain forms on the Website and provides necessary information about himself (personal data) to the Service provider, which leads to creation of his user profile (account).
1.5. "User profile" (account) - Customer’s personal web page on the Website used for accessing paid Events in the format of video footage and/or online streaming, having paid for such service beforehand. Access to free video footage and/or online streaming of Events can be obtained by the Customer without the need of a user profile (account) on the Website.
1.6. "Event" - a seminar, course, training, tutorial, conference, webinar, including, but not limited to, any other educational and informational event published on the Service provider’s website and available for watching in the following formats: video footage, online stream, attending, as well as participation in the hall.
1.7. "Event video footage" - electronic footage of visual information presented in the form of a video signal or digital stream of video data. Event video footage shall mean the recording of the complex of events that take place at the Event. Video content is provided exclusively for the personal non-commercial use.
1.8. "Online stream of the Event" - is the method of transmitting video data from digital camera to any website page in real time.
2.1. Subject of this Agreement is the provision of access to Events to the Customer both on paid and free-of-charge basis in any format (participation in the hall, video footage or online stream) available for the particular Event.
2.2. The acceptance of terms and conditions of this Agreement is the fact of Customer’s use of the Website, its any services, functions, and shall commence from the first moment of such use, specifically Customer’s transition to Website with the help of a web browser or any other programs and/or technical tools that provide a possibility to display the content of Website web pages.
2.3. The acceptance of terms and conditions of this Agreement shall mean Customer’s unconditional consent with all conditions of this Agreement and unconditional acceptance of its conditions relating to the fulfillment of obligations imposed to Customer by this Agreement, while Customer’s unawareness of such obligations shall not release him from the liability for non-compliance and/or improper compliance with its conditions.
3.1. Service provider shall have the right to:
3.1.1. At his own discretion, amend and/or delete Events, as well as any information published on the Website, any related elements and integral parts.
3.1.2. At his own discretion, define and change the cost (price) of the Event.
3.1.3. At any time and for any reason, without explanation, with advance notification or without it (at the discretion of Service provider), limit or cease Customer’s access to all or any Website sections. In case due to Service provider’s fault, Customer had limited access to ordered and paid services, Service provider shall prolong access to services for the time of lack of access.
3.1.4. Impose any limitations for Website use, at any time change and amend this Agreement unilaterally, without obtaining Customer’s consent.
3.1.5. Carry out email blasts containing organizational, technical and other information about Website capabilities.
3.1.6. Impose age limitations for Customer’s access to Events published on the Website intended for the audience of a certain age.
3.1.7. Publish Events in Ukrainian, English and Russian languages on the Website, as well as any other languages at the discretion of Service provider, without additional notification of the Customer.
3.1.8. Without notification of the Customer, amend, update, change and delete any Events published on the Website.
3.1.9. At his own discretion, update the content, functional capabilities and Website interface designed for the user.
3.1.10. Demand the fulfillment of the requirements of this Agreement from the Customer.
3.1.11. Seek for services of the third parties for accepting payments for services.
3.2. Service provider shall be obliged to:
3.2.1. Provide access to Events, selected and/or paid for by the Customer.
3.2.2. At Customer’s request, provide him an agreement for rendering services related to access to the Event composed in the written form. Agreement in the written form is provided to the Customer only after the payment for the corresponding Event.
3.2.3. Carry out protection of Customer’s user profile (account) from the unlawful breach, destruction of information specified by the Customer, as well as from other unlawful actions related to such information by all technical means at Service provider’s disposal.
3.2.4. Not use Customer’s personal data acquired during the registration on the Website with any ulterior motives and shall guarantee nondisclosure of such data. Disclosure of Customer’s information (personal data) by the Service provider at the request of the state controlling authorities shall not be considered as a violation, in cases when the disclosure of such information is the Service provider’s obligation by force of the Ukrainian law or for the sake of proper rendering of services.
3.2.5. At Customer’s written request, return funds transferred for the Event if the Event paid access services have not been rendered due to Service provider’s fault within 30 (thirty) calendar days from the date when such services should have been rendered.
3.2.6. Not publish on the website:
- Customer’s personal data without his personal consent for such actions;
- files that contain or may contain viruses and other malware;
- any information violating the Customer’s or copyrighters’ exclusive rights for the results of the intellectual property.
3.2.7. To the extent possible, inform (warn) Customer about the additional conditions and future changes in the procedure of rendering Event access services, by publishing the corresponding information on the Website and/or via email.
3.2.8. Delete Customer’s user profile (account) within 30 (thirty) calendar days after receiving his request.
3.2.9. Conduct technical support of the Customer in the process of Website using and acquiring Event access services.
3.2.10. Ensure provision of technical capability to acquire access to Events within the procedure stipulated by this Agreement.
3.3. Customer shall have the right to:
3.3.1. Obtain access to selected and/or paid for Events. In the event of selecting a paid Event, Customer receives access to it within the period specified in the information about such Event.
3.3.2. On a unilateral basis, refuse from fulfillment of this Agreement. Such refusal shall not oblige the Service provider to return funds paid for rendering of paid Event access services.
3.3.3. On a unilateral basis, stop using Website and/or refuse from using personal user profile (account), by sending a request for deleting of user profile from the Website to the Service provider’s email email@example.com from the personal email address specified during the registration on the Website.
3.3.4. Obtain technical support in the process of using Website and acquiring Event access services.
3.3.5. Demand the return of funds from the Service provider that have been transferred for the Event, in case Event paid access services have not been rendered due to the fault of the Service provider within 30 (thirty) calendar days from the date when such services should have been rendered.
3.4. Customer shall be obliged to:
3.4.1. Fulfill and not to violate the conditions of this Agreement.
3.4.2. Not perform the following actions:
- share the video, audio recordings of the Events in any possible ways;
- share materials from the Events in the form of transcript, i.e. the rendering of audio or video materials into text format and translation into other languages;
- use information and knowledge obtained from the Service provider, including (without limitation) with the aim of creating the similar and/or competitive product or service or with the aim of obtaining commercial or financial advantage;
- transfer and/or provide access to the paid Events to any third parties; allow spreading of false, untruthful information that harms the honor, dignity, business reputation of the Service provider;
- conduct other actions not provided for by this Agreement that have elements of criminal or administrative offence, or violate rights and legal interests of the Service provider and/or third parties.
3.4.3. During the registration (creation of user profile), provide precise, current and full information about himself (Personal data) that is requested by the registration forms on the Website.
3.4.4. Take proper actions to ensure security of the user profile (account), including email address and password, and shall be responsible for all actions carried out on the Website under his user profile (login and password). In accordance with the abovementioned, Customer shall be obliged to log out of his account before going to third party websites or closing the Internet browser.
3.4.5. Customer shall immediately notify the Service provider about any cases of access to the Website by the third parties under his user profile (account).
3.4.6. Occasionally update personal data and other information provided during the registration to ensure its accuracy, relevance and completeness.
3.4.7. Use information obtained on the Website exclusively for the lawful and personal non-commercial aims that don’t contradict with the norms of the acting legislation of Ukraine.
3.4.8. Not attempt to deactivate or otherwise interfere with any technical means of Website protection or results of the intellectual activity located therewith that prevent or limit usage or copying of any information or results of the intellectual activity located on the Website.
3.4.9. Not attempt to change or modify any part of the Website, including Website media player that is used to stream video footage and/or online streaming of a certain Event, as well as not to use Website and results of the intellectual activity located therewith for commercial purposes.
3.4.10. Refrain from complaints and demands to the Service provider related to the availability of a certain Event translated and voiced in a different language.
3.4.11. Not use Website for the registration of more than one user profile for the same person.
3.4.12. Customer shall fulfill other obligations stipulated by this Agreement.
4.1. Customer makes payment for the selected Event by conducting 100% (one hundred percent) pre-payment using one of the methods specified on the Website.
4.2. The moment of crediting of funds to the current account of Service provider (or intermediate party accepting payments) or the moment of receiving of funds by Service provider from the Customer in another previously discussed manner shall be considered as the moment of payment.
4.3. All payments hereunder shall be conducted in the national currency of Ukraine - hryvnia (UAH).
4.4. Return of funds for purchase of the Event that is planned to be held in the future (not a video footage) after their transfer to the current account of Service provider as a payment for the Event paid access services shall be carried out as follows:
- in case of refusal to participate in the Event more than 14 days prior to the date of holding of Event - 100% of the funds paid by the Customer shall be returned;
- in case of refusal to participate in the Event from 7 to 14 days prior to the date of holding of Event - 80% of the funds paid by the Customer shall be returned;
- in case of refusal to participate in the Event less than 7 days prior to the date of holding of Event - no funds shall be returned to the Customer.
4.5. Funds for purchase of the Event video footage after their transfer to the current account of Service provider as a payment for the Event paid access services shall not be returned.
4.6. Service provider shall not be responsible for the procedure of transfer / crediting of funds.
4.7. Expenses including the fee for transferring of funds by the Customer under this Agreement shall be paid by the Customer.
4.8. Paid access services to Events hosted on the Website are rendered to Customer only after the payment and when the Service provider receives a corresponding confirmation of the payment fact. If not provided otherwise by this Agreement, in order to purchase an access to paid Events, Customer shall undergo registration on the Website, select a necessary Event and payment method, make payment according to following instructions stipulated on the Website.
5.1. Parties shall be liable for the non-fulfillment and / or improper fulfillment of the conditions of this Agreement, in accordance with this Agreement and the acting legislation of Ukraine.
5.2. Customer admits that violation of the conditions of this Agreement may lead to its termination by the Service provider unilaterally with further deleting of Customer’s user profile (account) and ceasing of rendering of services.
5.3. Customer shall bear full responsibility for the unlawful access and unauthorized tampering into the Website operation according to the acting legislation of Ukraine.
5.4. Service provider shall bear no responsibility for the non-conformity of the Event with Customer’s expectations and his subjective judgement.
5.5. Service provider shall bear no responsibility:
- for actions of other Customers on the Website;
- for failures that occur in telecommunications and / or power networks, acts of malware, as well as the unfair acts of the third parties;
- for the damage / loss of expected profit inflicted on the Customer or third parties as a result of usage or inability to use a certain service;
- for any damage of software and / or hardware of the Customer that occurred as a result of using a Website.
5.6. In case disputes and discrepancies hereunder arise between the Parties, the Parties shall exert all efforts aiming to reach agreement about the matter of argument by negotiations.
5.7. The Parties agree that according to article 112 of the Code of Civil Proceedings of Ukraine, all disputes that arise from the relations regulated by this Agreement shall be resolved in the competent court located at the address of the Service provider with mandatory pre-action procedures of dispute resolution.
5.8. For all other matters not stipulated by this Agreement, the Parties shall be governed by the acting legislation of Ukraine.
5.9. If for certain reasons any of the conditions of this Agreement shall be non-valid or having no legal force, it shall not influence the validity or applicability of other conditions hereof.
6.1. This Agreement is concluded for the indefinite period and shall apply to Customers that are using the Website before and after the date of its publishing on the Website.
6.2. Termination of this Agreement initiated by the Service provider is possible in the following cases:
6.2.1. Violation of the provisions hereof, inflicting any damage to the Service provider, including his reputation, or to other Customers.
6.2.2. Conducting other actions that contradict with the acting legislation of Ukraine.
6.2.3. In other cases stipulated by this Agreement.
7.1. The Parties shall not be responsible for full or partial non-fulfillment of their obligations under this Agreement if such non-fulfillment has resulted from the force majeure circumstances, i.e. extraordinary and inevitable circumstances for such situation.
7.2. Force majeure circumstances include in particular: natural calamities, acts of war, nationwide crisis, industry or regional strikes, actions and decisions of government authorities, failures that occur in telecommunications and power networks, acts of malware, as well as unfair actions of third parties that revealed as actions aimed at unsanctioned access and / or inactivation of software and / or hardware of each of the Parties.
8.1. Before taking legal recourse about the disputes arising from the relations between Website user and Website administration, it’s mandatory to advance a claim (written offer about the voluntary pre-trial dispute regulation).
8.2. Claim recipient shall notify the claimer about the results of claim examination in the written form within 30 calendar days since the day of receiving the claim.
8.3. In case of inability to achieve consensus, dispute shall be forwarded to a court review at the location of Website administration.
Individual solo-entrepreneur Artemov Artem Illich
Rylsky Lane, building 5, Kyiv, Ukraine, 01001
Not a VAT taxpayer, a single taxpayer, 3rd group at the rate of 5%
IBAN (UAH) UA043052990000026008016217387 at JSC CB "PRIVATBANK", bank USREOU 14360570, sort code 305299