Public offer contract
Sale of tickets for cultural and entertainment events
(Public offer of "Kontramarka Ukraine" LLC)
1. In this document, the following terms are used equally in the singular and plural (unless otherwise stated in the term and / or definition) in the following meanings:
1.1. "Agent" - LLC "Kontramarka Ukraine", authorized to act on the basis of agreements with the Principal of registration and sale of Tickets to Events.
1.2. "Cancellation" - removal of Tickets from the Order with their automatic transfer for free sale in the System. Orders not paid for during the Booking Period are canceled automatically at the end of the Booking Period (unless otherwise provided on the website).
1.3. "Ticket" - a document generated using the Automated Agent System on the form of LLC "Kontramarka Ukraine", certifying the right of the Buyer to visit (passage, viewing, listening) Of the Event and contains information on the name, date, time, venue, the place allocated to the Buyer in the Event (sector, series, etc.), the cost of the event and the amount of the Service Fee, as well as additional legal or technical information.
1.4. "Electronic Ticket" - a document generated using the Automated Agent System on paper or electronic media, certifying the right of the Buyer to visit (pass, view, listen) the Event containing a barcode, order number, information on the name, date, venue of the Event, the place allocated to the Buyer in the Event (sector, row, etc.), the cost of visiting the Event and the amount of the Service Fee, as well as additional legal or technical information. The availability of the Electronic Ticket Formation Service is regulated by the Event Organizer and / or the Agent and depends on the possibility of using an automated access control system based on bar code reading and / or the possibility of obtaining the Ticket directly at the point of sale at the Event venue. according to the terms of this Offer.
1.5. "Reservation" - generated Order, which is pending payment by the Buyer.
1.6. "Reservation Period" - the period of time from the time of ordering to payment of the Order, set by the Agent in the System for each Event separately, during which Tickets included in Orders not available for use by persons other than the Buyer of this Order during the entire Booking Period.
1.7. "Order" - one or more Tickets for one Event, selected by the Buyer from the System and combined in the System with a single identification number.
1.8. "Event" - cultural and entertainment event, including theatrical performance, circus performance, concert, exhibition, film screening, festival, show, fashion show, sports competition , excursion, as well as any other event, which can be attended only after presenting a special document - Ticket and / or Electronic Ticket.
1.9. "Event Organizer" - a legal entity individual entrepreneur who has the right to organize and conduct the Event on the basis of relevant agreements.
1.10. "Offer" - this contract for the sale of tickets for cultural and entertainment events (Public offer of LLC "Kontramarka Ukraine"), published by Kontramarka.ua and / or available at buyer's requirement at ticket outlets.
1.11. "Buyer" is a natural or legal person who uses the services of the Agent for booking and issuing Tickets in compliance with this Offer.
1.12. "Ticket Recipient" - a natural person authorized by the Buyer to receive the Ticket purchased by the Buyer, as well as one who has the right to exchange the Electronic Ticket for a Ticket in accordance with the terms of this Offer.
1.13. The "Principal" of the event is a legal entity or individual entrepreneur who instructs the Agent to undertake to sell Tickets to Buyers.
1.14. "Service Fee" - funds additionally charged to the Buyer in the sale of Tickets for the Agency's reservation and ticketing services, inextricably linked to the ticket sales procedure using the Agent System. The amount of the Service Fee for each Ticket is a certain percentage of the cost of the service indicated on the ticket, traditionally - 10% (ten percent), but in some cases may be calculated at a rate individually determined by the Agent.
1.15. "System" - automated information system of LLC "Kontramarka Ukraine" - a software package designed for booking tickets, consisting of web-portal kontramarka.ua and in-office business automation system -processes that meet the requirements for protection against unauthorized access, identification, recording and storage of all transactions with the Ticket (including Electronic Ticket), as well as provides when filling out the Ticket form (including Electronic Ticket) and Ticket issue (including Electronic Ticket) Preservation of unique series and ticket numbers (including Electronic Ticket).
1.16. "Subagent" - a legal entity, individual entrepreneur or individual who sells Tickets to Buyers on the basis of agreements concluded with the Agent for the sale of tickets for various events. The rules of this Offer for such agreements are valid, unless otherwise stated in the agreement between the Agent and the Subagent.
1.17. "Point of Sale" - ticket office and web-sites on the Internet for the sale of Tickets for both the Agent and the Agent's Sub-Agents.
2. GENERAL PROVISIONS
2.1. This Offer regulates the terms and conditions of sale of Tickets, as well as the rights and obligations arising in this regard from the Agent and the Buyer.
2.2. Sale of Tickets to the Buyer, including Electronic Tickets, is carried out exclusively on the terms of this Offer and only in case of full and unconditional acceptance of the terms of this Offer by the Buyer (acceptance of the Offer). Partial acceptance, as well as acceptance on other terms is not allowed.
2.3. If the Buyer does not accept in full the terms of this Offer, the sale of Tickets, including Electronic Tickets, is not carried out. Tickets purchased by the Buyer may not be returned, including in the event of the Buyer's refusal based on the Buyer's disagreement with the terms of this Offer after acceptance of its terms and payment of the Ticket. Refunds for Tickets purchased by the Buyer are possible only in the manner and under the conditions established by this Offer.
2.4. When purchasing Tickets from the Agent by a legal entity, payment of Tickets is made by the legal entity only by transferring funds to the current account of the Agent on the basis of the invoice issued by the Agent.
2.5. The Agent has the right to make changes to this Offer, but in any case such changes are published in a timely manner and are publicly available on the Internet and at points of sale. The Buyer's use of the Agent's services after making changes to the text of the Offer means acceptance of the Offer subject to the changes made.
2.6. The terms of this Offer are valid both for Buyers who make payments through the website kontramarka.ua and at points of sale, and do not depend on the form of payment.
2.7. The Agent has the right to terminate the Offer at any time without prior notice to the Buyer in case of violation of the latest terms of this Offer and other rules.
2.8. This Offer is effective from the date of its placement on the Agent's website and is valid indefinitely.
2.9. In order to attend (access) the concert, it is a mandatory condition for the Buyer to familiarize themselves with the restrictions of anti-epidemic measures provided for by Resolution of the Cabinet of Ministers of Ukraine dated December 9, 2020 No. 1236 (as amended) (hereinafter - the Document). The conditions for non-application of anti-epidemic restrictions during events as well as the presence of what kind of the documents the Buyer must have are provided for in the above-mentioned Document.
All responsibility for non-observance and ignorance of relevant laws (decisions of authorities) rests entirely on the Buyer and does not exempt from legal responsibility.
3. SUBJECT OF THE OFFER
3.1. The subject of this Offer is to provide the Buyer with services for booking, registration, sale and delivery (the latter - for an additional fee, which is charged in excess of the Service Fee, in particular, if the provision of such services is not prevented by the establishment of restrictions adopted by state authorities to prevent an emergency irresistible force (force majeure) at the venue of the Event). Tickets for Events in in the manner and under the conditions provided by this Offer (hereinafter - the Services).
3.2. The Agent is not responsible for the actions of the Principal and / or the Organizer of the event and / or third parties for the sale of Tickets acting on his own behalf and / or on behalf of the Principal or The organizer of the event, as well as for the organization and fact of the event.
3.3. In accordance with the the Law of Ukraine "On the Protection of Personal Data" No. 2297-VI dated 01.06.2010, the Buyer acknowledges and agrees to provide the Agent and / or Subagent with its personal data, as well as personal data of third parties specified by the Buyer, received by the Agent in the process of issuing the Ticket (Order), namely: surname, name, gender, contact phone number, city, delivery address (if provided) Ticket personal data processing) and the e-mail address. The processing of the Buyer's personal data is carried out in accordance with the legislation of Ukraine. The Buyer gives to the Agent the right to process his personal data in connection with providing the Buyer with the Services stipulated by this Offer, including for the Buyer to receive advertising notifications about the event, tickets for which are sold by the Agent. Due to the fact that the processing of personal data of the Buyer is carried out in connection with under the agreement concluded on the terms of this Offer, the Buyer's consent to the processing of his personal data is not required. The term of use of the provided personal data is indefinite. The Buyer guarantees and is responsible for the fact that the data specified in the Order are voluntarily provided by them and third parties when issuing the Ticket, and all these persons are familiar with and agree with the Offer.
4. ACCEPT RULES
4.1. This offer is considered the main document in the official relationship between the Buyer and the Ticket Sales Agent. Acceptance by the Buyer of this Offer is carried out by successive performance by the Buyer of the actions specified in clause 4.3 of this Offer (acceptance of the Offer). Acceptance by the Buyer of this Offer is carried out voluntarily and equivalent to the conclusion of a written agreement (in accordance with the Article 642, paragraph 2 of the Civil Code of Ukraine).
4.2. Before accepting the Offer, the Buyer must be sure that he understands all the terms of this Offer and he accepts them unconditionally and in full.
4.3. Acceptance of this Offer by the Buyer is carried out by successive actions:
• access to the Point of Sale and / or access to the Agent's and / or Subagent's website and / or call to the Agent's and / or Subagent's Contact Center;
• selection of a specific Event and category Ticket / s from those available at the time of the Buyer's application;
• read the terms of this Offer;
• acquaintance with age restrictions of specific Events, as well as providing contact phone number, e-mail address, name and surname of the Recipient of the Electronic Ticket, and subject to delivery of Ticket / s - addresses and delivery times.
4.4. After performing all the actions specified in paragraph 4.3 of this Offer, the Buyer, depending on the chosen method of purchasing a Ticket: Ticket or Electronic Ticket, pays for the Order in accordance with the method of purchase chosen by the Buyer and the method of payment corresponding to that method of purchase within the terms stipulated by the payment rules for a specific Event.
4.5. After payment of the Order, the Buyer either receives the Ticket independently at the Points of Sale or by arranging its delivery (for a fee), or prints the Electronic Ticket himself, or records the Electronic ticket to the memory of the technical device owned by the Buyer.
4.5.1. In case of ordering a Ticket by using the Internet site or the Contact Center of an Agent and/or Subagent, the Buyer is notified (or an SMS message is sent to the contact phone number and / or e-mail address) the identification number of the Order, which the Buyer is obliged to inform (sometimes together with his name and surname, if any) upon receipt of the ticket at the Point of Sale or upon receipt of the Ticket upon delivery. When applying to the Point of Sale, the Ticket is received on the spot or delivered to the address specified by the Buyer. The cost of delivery, the procedure for its implementation, as well as other relevant information related to the delivery of Tickets, posted on the Agent's Website www.kontramarka.ua and are an integral part of this Offer.
4.5.2. Subject to the provisions of clause 4.5 of this Offer, the Buyer may obtain an Electronic Ticket by sending it by the Agent to the e-mail address specified by the Buyer. The Electronic Ticket is sent only if the Buyer fulfills the obligation to pay in full the cost of the Electronic Ticket and the Service Fee (in case of charging the Service Fee).
5. PAYMENT PROCEDURE
5.1. The Buyer has the right to pay for the Tickets in any of the ways offered by the Agent, information about which is on the website of the Agent and / or Subagent, at the Points of Sale and / or reported to the Agent Contact Center.
5.2. Payment is recognized as made by the Buyer at the time of confirmation of a successful transaction by the bank or payment system or at the time of receipt of funds at the checkout.
5.3. In case of payment of the Order by bank card on the web-site of the Agent and / or Subagent and Points of sale of the Agent and / or Subagent the Buyer is obliged to use the bank card issued on name of the Buyer. At the same time, the cashier at the Ticket Office has the right to require the Buyer to provide the original documents proving the identity of the Buyer.
5.4. An electronic ticket can be obtained by the Buyer only if the Buyer forms the Order himself directly on the Agent's or Subagent's website and pays for the order only by bank card or other non-cash method, information on which is available on the Agent's website.
5.5. After payment of the Order according to item 5.2 of this Offer, the Order is considered sold and the Buyer has the right to visit the Event.
5.6. In case of non-payment or partial payment of the order during the Booking Period, the Order is considered unsold and canceled.
5.7. If the price of tickets for events that will take place outside of Ukraine is denominated in a foreign currency and the Payment is initiated by the Payer from his card account in a foreign currency, the amount of such Payment is automatically calculated in the national currency of the Ukrainian hryvnia, which is equivalent to the corresponding value in a foreign currency at the exchange rate, which is used by the acquiring banks at the time the Payer initiates such a Transfer.
6.1. In accordance with the Law of Ukraine "On the Protection of Consumer Rights" dated May 12, 1991, No. 1023-ХІІ (as amended) and the Instructions for Ticket Management in Theater and Performance Enterprises and Cultural and Educational Institutions, approved by the Order of the Ministry of Justice of Ukraine dated July 7, 1999, No. 452, refund of tickets for events is made by the Principal and / or Organizer only in cases of cancellation (cancellation) of the event. The Principal and / or the Organizer returns to the Buyer only the Nominal ticket price, refund of the Service Fee and the cost of Additional Services is not made by the Principal, just as the Cost of Ticket Delivery is not refundable if the Delivery Service was additionally ordered by the Buyer. The Agent is not responsible for the timeliness and completeness of the Principal's refund to Buyers.
6.2. If the Principal and / or the Event Organizer has authorized the Agent to refund the Buyers who purchased the Ticket for the canceled event, the Buyer undertakes to fill in the form on the main page of the Agent's website in the section Ticket return and consent to the processing of the Buyer's personal data.
6.3. Procedure for refund to the Buyer in accordance with paragraph 6.1. of this Offer:
6.3.1. Refunds to the Buyer in the case of payment of the Order (Tickets) in cash shall be made after the Buyer has provided complete information to the email address firstname.lastname@example.org. Complete information consists of: a photo and/or scanned copy of the ticket(s), the registration number of the taxpayer's account card according to the State Register of Individuals - Taxpayers (TIN) of the person, the bank details of the requesting recipient, as well as a copy of the document that confirms identity.
6.3.2. Refund to the Buyer in case of payment of the Order (Tickets) by non-cash method (bank card) occurs after the Buyer send mail request to email@example.com by adding a photo and / or scanned copy ticket (tickets). Cash is credited automatically to the bank card used to pay for the Tickets.
6.4. Refunds in accordance with the terms of this Offer for Tickets purchased by the Buyer are made only for Tickets purchased at the Point of Sale or on the Agent's website, if the place of return is specified in the official letter of the Principal and / or the Organizer of the Event in accordance with paragraph 6.1. of this Offer.
6.5. Refunds are made within 10 (ten) business days of the Buyer's request.
6.6. Only the Buyer, whose data are specified in the Order, can apply for a refund, the money is returned to the Buyer only if the Buyer actually returns the purchased ticket.
6.7. In case of a low-quality online broadcast of the Event and other claims of the Buyer, the Organizer of the online Event must provide the viewer with access to the already created recording of the Event for viewing, otherwise - return the money.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The buyer has the right to:
7.1.1. Independently provide information from open sources on the price of Tickets to Events and services of other official ticket operators when deciding to purchase Tickets from the Agent.
7.1.2. Obtain information on Ticket sales rules, available Ticket categories and other information on Events held by the Agent within its remit, using the networkInternet, calls to the Agent Contact Center and in other ways specified on the Agent's website. In this case, the Agent has the right to refuse the Buyer to book and / or sell Tickets without explanation.
7.1.3. Choose the method of payment for the Ticket from those offered by the Agent on the Agent's website and / or points of sale. In this case, the Buyer is obliged to read the rules of use of one or another method of payment.
7.1.4. Send feedback on the Agent's work to the contacts listed on the site.
7.1.5. Optional to purchase a Ticket or Electronic Ticket to the Event, if the possibility of purchasing an Electronic Ticket to such an Event is permitted by the Principal and / or Organizer of the Event and specified by the Agent on the Site Agent.
7.1.6. The Buyer has the right to refuse to purchase a Ticket from the Agent until the payment of the Order is made in accordance with the conditions provided for in this Offer. Such waiver will result in the termination of all Agent's obligations to the Buyer.
7.2. Buyer must:
7.2.1. Read in detail all the rules of purchase of Tickets and the terms of this Offer and accept them when purchasing a Ticket, as well as all additional rules governing relations between the Parties in accordance with of this Offer.
7.2.2. When ordering, you must provide correct, accurate and complete information about yourself. The Buyer acknowledges that he is fully responsible for the information provided to the Agent. The Buyer acknowledges that it has no claims against the Agent for the Order incorrectly executed by the Buyer using the Agent's website, as he himself was not convinced of its correctness during the execution.
7.2.3. Pay in full the cost of the completed Order before placing the next Order.
7.2.4. In case of purchasing a Ticket via the Agent's website, subject to payment by non-cash transfer of money for the Order without registration of delivery services, please contact the Agent's Points of Sale no later than the date of the Event to receive the Ticket. At the time of requesting the receipt of the Ticket, inform the identification number of the Order, as well as present an identity document of the Buyer or the Recipient of the Ticket. Presentation of the document is necessary to exclude possible fraudulent transactions. If the Buyer or the Recipient of the Ticket has not exchanged the Electronic Ticket for the Ticket in a timely manner for reasons beyond the control of the Agent, the Agent shall be deemed to have duly fulfilled its obligations under this Offer. The Buyer is not entitled to make a claim to the Agent in case of non-receipt of the Ticket before the date of the Event for reasons beyond the control of the Agent.
7.3. The agent has the right to:
7.3.1. Require the Buyer to comply with the entire procedure of registration / payment of the Order according to the rules set forth in this Offer.
7.3.2. If the Buyer refuses to accept this Offer under the conditions set out therein, refuse the Buyer to sell him a Ticket and provide Services.
7.3.3. Cancel the Buyer's Reservation and / or Order if the Buyer has more than 2 (two) unpaid Reservations and / or Orders within 1 (one) calendar month.
7.3.4. At any time, modify any software of the Agent System, including the Internet site, suspend the software that ensures the functioning of the site, when detection of significant malfunctions, errors and failures, as well as for preventive work and prevention of unauthorized access to the site.
7.3.5. Set and change tariffs for your Services unilaterally and at any time.
7.3.6. Include in the cost of the Order and charge the Buyer a Service Fee. Ticket delivery costs are paid separately.
7.3.7. Require the Buyer to pay in full for the Ticket or Electronic Ticket before selling the Ticket.
7.3.8. Cancel a completed Order if it is not paid for during the Booking Period. Canceled Order cannot be renewed for re-payment, except by creating a new Order by the Buyer.
7.3.9. If the Buyer fails to comply with any of the items of the Offer, refuse to provide him with further services.
7.4. Agent required:
7.4.1. To Provide to Buyer:
• necessary information about specific activities;
• necessary information about the dates, place and time of refund for purchased Tickets in case of cancellation of the Event. The basis for providing such information is the official letter of the Principal and / or the Organizer of the event;
• instructions for registration / payment / receipt of the Ticket. Exhaustive information is also information that the Agent publishes on the site and provides to the Point of sale and cash desks of the Agent.
7.4.2. Do not use the Buyer's personal data for unauthorized distribution of materials not related to the Order.
8.1. In case of non-fulfillment or improper fulfillment of its obligations under this Offer, the Parties shall be liable in accordance with the legislation of Ukraine and the terms of this Offer.
8.2. The Agent's liability to the Buyer is limited to the organization and interaction between the Principal (and / or the Organizer) and the Buyer for the purpose of selling Tickets.
8.3. The Agent shall not be liable to the Buyer for the refund of the Tickets purchased by the Buyer upon cancellation of the entertainment event, as well as upon the Buyer's refusal to attend the entertainment event prior to its commencement. The responsibility for the return of funds to the Buyer in case of cancellation of the entertainment event, as well as in the refusal of the Buyer to attend the event before its beginning is the Organizer of the entertainment event.
8.4. The Agent is not responsible for non-compliance of the services provided by the Principal with the Buyer's expectations and/or his subjective assessment:
- non-compliance of the Event with the Buyer's expectations,
- for the cast of artists/actors participating in the Event,
- for improper fulfillment by the Organizer/Principal of the event of its obligations to provide reliable and timely information about the spectacular Event,
- for proper and timely public showing of the event,
- for the results of intellectual activity and / or means of individualization, informational and / or advertising materials (photographs, drawings, etc. (works), other objects of copyright, related, and / or patent rights), transferred to the Agent by the Organizer of the event with for the purpose of announcing a spectacular event by the Agent and selling tickets for such Events that may violate the copyright and/or related and/or intellectual rights of third parties.
Advice and recommendations given to the Buyer cannot be considered as guarantees.
From the moment of purchase of the Ticket by the Buyer, all rights and obligations regarding the tickets arise directly between the Organizer of the Event and the Buyer.
8.5. The buyer assumes all possible commercial risks associated with his actions to make errors and inaccuracies in his personal data.
8.6. The Agent shall not be liable for any damages and moral damages incurred by the Buyer as a result of misunderstanding or misunderstanding of the information on the order of execution / payment of the Order, as well as receipt and use of the Services.
8.7. The Parties shall be released from liability for full or partial non-performance of their obligations under this Offer, if such non-performance is due to force majeure, an extraordinary and unavoidable under these conditions circumstances, that arose against the will and desire of the Parties and which they could not prevent, avoid or anticipate. Circumstances of force majeure include: natural disasters (earthquakes, floods, fires, etc.), circumstances of public life (military operations, states of emergency, explosions, strikes, natural disturbances and protests, epidemics, including restrictions in in connection with the risks of COVID-19 and/or other viruses), actions and decisions of state authorities, including decisions to counter the virus of COVID-19 and/or other viruses, prohibitory measures of state authorities (transportation ban, currency restrictions, international trade ban sanctions, etc.), disruptions occurring in telecommunications and energy networks. During this time, the Parties have no mutual claims, and each of the Parties assumes its own risk of the consequences of force majeure circumstances.
8.8. The Agent is not responsible for the operation and / or security of the information channels used by the Buyer to access the Agent's website, as well as for the storage of information, including the Electronic Ticket received by the Buyer in accordance with the terms of this Offer.
8.9. All claims or claims related to this Offer must be made in writing within 10 (ten) calendar days from the date of their occurrence. Complaints will not be considered by the Agent after this deadline.
9. SPECIAL PROVISIONS FOR ELECTRONIC TICKETS
9.1. When purchasing an Electronic Ticket, the Buyer in any case undertakes to provide his valid e-mail address, telephone number, as well as his name and the name of the Recipient of the Ticket. (in some cases passport data, if there are such requirements in accordance with the laws of Ukraine and / or the Principal and / or the Organizer). In case of non-provision of such information (valid e-mail address, telephone number, surname and name of the Buyer and the Recipient of the Ticket, passport data), as well as in case of providing false or invalid information, the Agent may refuse to purchase the Electronic Ticket.
9.2. The Buyer accepts and agrees that he is fully responsible for reporting an incorrect or invalid e-mail address.
9.3. The Electronic Ticket is sent to the Buyer to his e-mail address only if the Buyer complies with the terms of this Offer to pay the cost of the Electronic Ticket and Service Fee (if the Service Fee is charged ).
9.4. The Buyer is obliged to print the Electronic Ticket independently and at his own expense. When printing an e-ticket, the Buyer must ensure the proper quality of printing the e-ticket. In case of non-fulfillment or improper fulfillment of the obligation established by this paragraph, the Buyer is fully responsible for such actions (inactionness), including in case of refusal of the Principal / Organizer of the Event in the passage to the Event. The Agent shall not be liable for any damages incurred by the Buyer in case of violation of the terms of this paragraph, due to the fact that the Agent is not a party to the contract for the provision of services related to the Event.
9.5. The Buyer has the right, if allowed by the Principal and / or the Organizer of the Event and specified by the Agent at the time of registration of the Electronic Ticket on the Agent's website, when passing to the Event present an Electronic Ticket stored in the memory of a technical device owned by the Buyer, provided that such a device allows the possibility of displaying a document for control (scanning) by the access control system at the venue.
9.6. The Buyer is solely responsible for the preservation and protection of the Electronic Ticket from copying. If you copy the e-ticket, access to the Event will be open on the ticket that was presented first.
9.7. The holder of an Electronic ticket, whose personal data is recorded in the Electronic Ticket (Buyer or Recipient of the ticket), in agreement with the Agent has the right to apply to the point of sale of the Agent before the event to obtain a Ticket (instead of an Electronic Ticket) on the basis of an identity document. In case the Buyer / Recipient exchanges the Electronic Ticket for the Ticket before the date or on the day of the Event, the Buyer / Recipient of the ticket loses the right to travel to the Event for the Electronic Ticket. In this case, access to the Event will be made only by Ticket.
10. SETTLEMENT OF DISPUTES
10.1. Disputes arising from the performance of the contract under the terms of this Offer shall be resolved in compliance with the claims procedure. The claim shall be submitted to the Agent in writing with the attachment of documents substantiating the proposed requirements, within no more than 10 (ten) calendar days from the date of the dispute. The received claim is considered by the Agent within no more than 10 (ten) calendar days.
10.2. If no agreement can be reached, disputes that have arisen shall be considered in the manner prescribed by current legislation of Ukraine.
10.3. For all other issues not provided for in this Offer, the Parties are guided by the current legislation of Ukraine.
11.1. Web - portal https://kontramarka.ua/ (hereinafter - the Site), as well as the System in general, the purpose of which is to facilitate the provision of services for booking, registration, sale and delivery of Tickets (Electronic Tickets), Ticket Certificates, are owned by the Agent - LLC "Kontramarka Ukraine". All objects of intellectual property rights, which are contained on the Site, in the System, except when it is separately indicated, are owned by the Agent.
11.4. In order to implement the functions and tasks of the Site and other purposes related to the civil-legal relations between the Agent and the Buyer, the user of the Site and/or the Buyer, using this Site and the services for which the Site and the System were created, agreeing to this Offer, provides the Agent with his personal data, as well as his consent to their processing. The purpose of personal data processing is to comply with the terms of this Offer.
11.5. List of personal data for the processing of which the Buyer consents:
• last name, first name, patronymic;
• date of birth;
• passport data;
• telephone number
• individual tax number.
By agreeing to this Offer, the Buyer provides his personal data, as well as his consent to their processing.
11.6. List of actions with personal data, for which the Buyer agrees: collection, systematization, accumulation, storage, clarification (update, change), use, distribution including transfer), depersonalization, blocking, destruction of personal data. These actions can be carried out in the following ways: in documentary (written), electronic, oral forms. The Agent can use third parties for marketing and other communication activities with the Site user/Client.
11.7. In order to implement the state policy in the field of personal data protection and in accordance with the Law of Ukraine "On the Protection of Personal Data" No. 2297-VI dated 01.06.2010, the Parties have the right to transfer the received personal data, both as part of the database and separately, to third parties only for the fulfillment of the terms of this Offer and/or from the date of receipt of a request from a third party (controlling authorities), and that the other Party, in such a case, will not claim and be entitled to any reward or other type of compensation. The consent given by the Party taking into account the requirements of Art. 7, Art. 8 and Article 11 of the Law of Ukraine "On the Protection of Personal Data" No. 2297-VI dated June 1, 2010 and is valid indefinitely and without restrictions on the territory of effect.
11.9. The Agent has the right to distribute the personal data of the Site user / Buyer if the information obtained from the personal data is socially necessary, i.e. is a matter of public interest, and the public's right to know such information outweighs the potential harm from its dissemination.
11.10. The Agent has the right to distribute the personal data of the Site user/Buyer with the appropriate written permission of the Site user / Buyer.
11.11. In case of illegal actions of third parties / illegal possession of personal data by third parties, the Agent undertakes to inform the Site users/ Buyers about this by posting a message on the site or by sending a letter from the Agent's mail. The agent undertakes to perform all actions to eliminate the problem and save personal data as quickly as possible. In the event that the Site user / Buyer detects a risk of illegal actions or/or receives dubious letters and/or messages, the Site user / Buyer must notify the Agent by sending an email to firstname.lastname@example.org, thereby protecting other Site users / Buyers from possible data loss.
11.12. Personal data, for the collection, accumulation, processing, storage and use of which the Site user/Buyer provides access to the Agent, is stored indefinitely, unless otherwise established by the legislation of Ukraine or by its expression of will.
11.13. Personal data, for the collection, accumulation, processing, storage and use of which the Site user/Buyer has given access to the Agent, are subject to deletion or destruction in case of:
- termination of the legal relationship between the Site user/Buyer and the Agent;
- issuance of the relevant order of the Supreme Council Commissioner for Human Rights or the officials of the secretariat of the Supreme Council Commissioner for Human Rights designated by him;
- entry into legal force of a court decision on the deletion or destruction of personal data.
11.14. Any questions related to personal data and confidentiality, as well as regarding the legal relationship between the Site user/Buyer and the Agent, can be sent to email@example.com.
12. GENERAL PERSONAL DATA COLLECTION AND USAGE
12.1. Kontramarka.ua collects the minimum level of Buyer’s information needed to:
support the Buyer’s use of functionality offered on the Site,
provide a high-quality customer support of Buyer`s / users of the Site,
ensure the Agent - Kontramarka.ua Site and underlying systems run correctly and smoothly,
support various promotional activities where the customer has agreed to receive them.
12.2. The majority of this data is only available to and for the use of appropriate Agent’s staff, subject to two necessary exclusions: Promoters / Event organiser.
As the Agent sells tickets on behalf of independent promoters and venues organising events, the Agent shares certain limited elements of Buyer`s personal details with the Event organiser.
The Agent may disclose your personal information if he believe in good faith that he is required to disclose it in order to comply with any applicable law or other valid legal process.
13. SECURITY POLICY OF BUYERS' PAYMENT CARD DETAILS
13.1. In dealing with paying for services on the Site with a bank card, the payment is processed (including entering the payment card number, its validity period, CVV2/CVC2) on a secure page of the processing system. Payment card data are transferred to payment service providers only in encrypted form and are not stored on the Site and/or in the System.
13.2. The processing of confidential data (card details, registration and other data) of the Buyer is protected, any third party cannot obtain personal and bank data of the Buyer through the Agent's service (Site, System).
13.3. In dealing with working with card data, the standard of information protection developed by the international payment systems Visa and Master Card is used - Payment Card Industry Data Security Standard (PCI DSS), which ensures safe processing of the details of the owner of the bank card - the Buyer. The applied data transmission technology guarantees the security of transactions with bank cards by using Secure Sockets Layer (SSL) protocols and other methods.
13.4. The 3-D Secure protocol is used for additional authentication of the payment card holder during transactions using payment card details. If the Issuing Bank of the Buyer's payment card supports the specified technology after entering the payment data and agreeing to the transaction, the Buyer will be redirected to the Issuing Bank's server for additional identification.
13.5. The Agent's use of the services of the Acquiring Banks for accepting online payments and making payments to payment cards is carried out in accordance with the rules of the Visa and MasterCard International payment systems and in accordance with the principles of confidentiality and security of transactions using payment card data.
13.6. The agent uses actual (up-to-date) methods of verification, encryption and data transmission over closed communication channels.
14. PERSONAL DATA SECURITY AND PROTECTION
14.1. Kontramarka.ua System uses secure server software (SSL) which is the safest software available today for secure commercial transactions. It encrypts all the personal information for security so that third parties can not gain access to it.
14.2. All Kontramarka.ua systems are protected by a secure firewall infrastructure and are protected by well managed strong security policies. Access to customer data by Agent’s staff is controlled to ensure only appropriate staff can view data appropriate to their job function. All actions involving customer data are monitored by supervisory staff and are logged in an audit-trail.
15. PERSONAL DATA REQUEST
15.1. By law, Buyer / Site user can ask the Agent about the information he holds about him, as well as can ask to correct it if it is inaccurate. The Buyer / Site user can request to withdraw consent to process personal data or ask the data to be erased.
To submit a request regarding personal data by email, The Buyer / Site user can use the contact information provided above in the clause 11.14 of this Offer.
16. OFFER VALIDITY TERM, OTHER CONDITIONS
16.1. This Offer is effective from the date of its placement on the Agent's website and is valid indefinitely. The provisions of this paragraph also apply to additions (changes) to this Offer.
16.2. The Agreement is considered concluded from the moment of acceptance of the Offer, by ticking the box "I agree with the Public Offer" or clicking the "Proceed to payment" button, and is valid until the Parties fully fulfill their obligations under this Agreement.
17. AGENT'S BANK ADDRESS AND PAYMENT DETAILS
Agent's location: 02099, Kyiv, str. Novodarnytska, building 27;
For correspondence: a/s B-485, Kyiv, 01001;
r/y UA523808050000000026007660258 in Raiffeisen Bank JSC
EDRPOU code 38657536
The agent has the status of a single tax payer (rate 5%, group 3), not a value added tax payer.