PUBLIC PROPOSAL TO CONCLUSION OF A CONTRACT (OFFER) for the provision of theatrical and entertainment and/or related services by purchasing a ticket
1. GENERAL PROVISIONS
This document is a public offer (Offer) of the Limited Liability Company "Afisio", EDRPOU code - 46112286 (hereinafter referred to as the Agent), addressed to an unlimited number of persons, regarding the conclusion of an Agreement for the provision of theatrical and entertainment and/or related services through the sale of tickets (hereinafter referred to as the Agreement).
In accordance with Articles 633, 638, 641 of the Civil Code of Ukraine, this Agreement is a public agreement. Acceptance of its terms means the person's unconditional consent to all provisions of the Offer without any reservations.
The offer comes into effect from the moment it is posted on the Internet at the link: https://numotamo.com/page/offer and is valid indefinitely until it is revoked by the Agent.
The place of conclusion of this Agreement is considered to be the location of the Agent.
2. DEFINITION OF TERMS
In this offer, the following terms are used in the following meaning, regardless of whether they are used in the singular or plural:
2.1. "Agreement" - a public agreement concluded between the Agent and the Buyer by accepting this Offer, and determining the terms of providing Theatrical and Entertainment and/or related services through the sale of tickets. The Offer is available at the link: https://numotamo.com/page/offer
2.2. "Acceptance" - the Buyer's full and unconditional acceptance of the terms of this Offer, which is carried out by placing and paying for the Order.
2.3. "Site" - an official web resource through which tickets are sold and related services are provided.
2.4. "System" - an automated software and hardware complex "Numotamo" that provides accounting, booking, ordering and sale of tickets, as well as access of Buyers to relevant services.
2.5. "Agent" - LLC "Afishio", which sells tickets, provides related services and acts on its own behalf or on behalf of the Organizer within the limits of the granted powers.
2.6. "Organizer" - a legal entity, individual entrepreneur or other person who organizes and holds the Event and is responsible for its holding.
2.7. "Ticket" - a document (in paper or electronic form) confirming the right of the Spectator to a one-time visit to the Event (passing, viewing, listening). The ticket contains mandatory details: name of the event, date, time, venue, price, barcode and other technical data. The ticket is not a product.
2.8. "Electronic ticket" - a ticket generated in digital form, which contains a unique barcode and other identification data and is used for admission to the Event.
2.9. "Barcode" - a unique identifier generated by the System, used to verify the validity of the Ticket or Certificate.
2.10. "Nominal Ticket Price" - the Ticket price set by the Organizer without taking into account accompanying or additional services.
2.11. "Ticket Price" (order) - the total amount consisting of the nominal value of the Ticket and the cost of related services.
2.12. "Order" - a request for the purchase of a Ticket made by the Buyer, containing the choice of the Event, venue, payment method and confirmation of agreement with the terms of the Offer.
2.13. "Buyer" - an individual and/or individual entrepreneur and/or legal entity who purchases a Ticket and pays for the relevant services.
2.14. "Speculator" - a person who directly attends the Event on the basis of a valid Ticket.
2.15. "Event" - a cultural, entertainment, educational or sporting event (performance, concert, show, lecture, competition, etc.), attendance of which is possible only with a Ticket.
2.16. "Event Period" - the time period determined by the Organizer during which the Event takes place.
2.17. "Theatrical and entertainment service" - a service that consists in providing the opportunity to visit the Event and get an appropriate impression of it.
2.18. "Ancillary services" - Agent services related to the organization of Ticket sales, order processing, technical support and other services.
2.19. "Service Fee" - a fee for related services of the Agent, which is included in the total cost of the Ticket. The amount of the Service Fee for each Ticket is determined by the Agent in agreement with the Organizer, or by the Agent independently as a percentage of the Nominal Cost of the Ticket or a fixed cost.
2.20. "Additional Services" - separate paid services that may be provided to the Buyer, which are not included in the Service Fee. The amount of payment is determined by the Agent independently.
2.21. "Reservation" - temporary reservation of a Ticket by the Buyer until its payment.
2.22. "Booking validity period" - the time during which the Ticket is reserved for the Buyer and is unavailable to other persons.
2.23. "Cancellation" - cancellation of the Order with the return of the Ticket to free sale. If the Order is not paid, it is Canceled automatically.
2.24. "Point of Sale" - a physical place where tickets are sold by the Agent or its Sub-Agents.
2.25. "Rules of Staying at the Facility/Event" - the requirements for the behavior of Spectators while visiting the Event, established by the Organizer.
2.26. "Subagent" - a person who sells Tickets on the basis of an agreement with the Agent. The rules of this Offer apply to such agreements, unless otherwise specified in the agreement between the Agent and the Subagent.
2.27. "Principal" - the person on whose behalf the Agent sells Tickets.
2.28. "Personal data" - any information that allows an individual to be identified.
2.29. "Certificate" - a document that gives the right to partial or full payment for a Ticket and is used when placing an order on the Site, where a barcode must be entered in the appropriate section, after which the Certificate loses its validity and cannot be used again.
3. PREREQUISITES
3.1. This Offer determines the procedure for the sale of Tickets, and also establishes the rights, obligations and responsibilities of the Agent, the Buyer and the Organizer arising in connection with their purchase and use.
3.2. Sale of Tickets, including in electronic form, is carried out exclusively on condition of full and unconditional acceptance by the Buyer of all provisions of this Offer. Acceptance of the terms partially or with any reservations is not allowed. The fact of using the Agent's services and/or making payment confirms the conclusion of this Agreement between the parties.
3.3. If the Buyer does not agree with the terms of this Offer in full, the sale of Tickets shall not be made. Tickets purchased in the event of objections to the terms of the Offer shall not be refundable, except in the cases and in the manner expressly provided for in this Offer.
3.4. In the event of the purchase of Tickets by a legal entity or an individual entrepreneur, payments are made exclusively by non-cash transfer of funds to the Agent's bank account based on the issued invoice.
3.5. The Agent has the right to change the terms of this Offer at any time without prior consent of the Buyer. The updated version shall enter into force from the moment of its publication on the Site (and, if necessary, at the Points of Sale), unless otherwise expressly stated in the text of the Offer. Further use of the Agent's services after the changes shall constitute the Buyer's consent to the new version of the document.
3.6. By registering on the Site or making a purchase, the Buyer confirms that he has reached the age of majority in accordance with the laws of his country of citizenship.
3.7. The terms and conditions of this Offer are the same for all Buyers, regardless of the method of placing the Order (via the Site or Points of Sale) and the selected payment method.
3.8. The Agent has the right to unilaterally terminate the Offer with respect to a specific Buyer in the event of his violation of its terms or other established rules.
3.9. In accordance with the requirements of the legislation of Ukraine, the main language of the Site is Ukrainian. At the Buyer's choice, another available language version may be used. The language of the Ticket is determined by the interface language selected by the Buyer when placing the Order.
3.10. The Agent has the right to independently distribute Tickets, as well as engage third parties to perform relevant functions without the need for additional approval from the Buyer or the Organizer.
3.11. This Agreement is not exclusive. The Agent has the right to cooperate with other business entities and enter into any other agreements without restrictions.
4. SUBJECT OF THE CONTRACT
4.1. Based on this Offer and the corresponding Order, the following legal relations arise between the parties:
4.1.1. An agreement for the provision of Theatrical and Entertainment Services is concluded between the Organizer and the Buyer, according to which the Organizer undertakes to provide the Buyer (Spectator) with the right to attend the Event, and the Buyer undertakes to pay the cost of such services by purchasing a Ticket (hereinafter referred to as the Agreement for the Provision of Theatrical and Entertainment Services).
4.1.2. an agreement on the provision of related services is concluded between the Agent and the Buyer, under which the Agent provides organizational, informational and technical support for the sale of Tickets, and the Buyer pays the cost of such services (hereinafter referred to as the Agreement on the Provision of Related Services).
4.2. Related services are an integral part of the Ticket sales process and are provided regardless of:
4.2.1. Ticket form (electronic or paper);
4.2.2. the method of placing the Order;
4.2.3. payment method.
4.3. The Buyer confirms that he understands and agrees that the total price of the Ticket consists of:
4.3.1. the cost of the Theatrical and Entertainment Service provided by the Organizer;
4.3.2. the cost of related services provided by the Agent.
5. GENERAL TERMS AND CONDITIONS
5.1. This Offer determines the procedure and conditions under which the Buyer has the right to purchase Theatrical and Entertainment and related services by purchasing a Ticket from the Agent. The terms of the Offer are the same for all methods of placing an Order and forms of payment. The essential and additional terms of contracts for the provision of Theatrical and Entertainment and related services are determined by this Offer and the confirmed Order.
5.2. From the moment of purchasing the Ticket, a contractual relationship arises between the Buyer and the Organizer regarding the provision of the Theatrical and Entertainment Service. The Ticket confirms the Spectator's right to access the Event at the date, time and place specified therein, as well as the Organizer's obligation to ensure the possibility of consuming such a service.
5.3. To properly receive the Theatrical and Entertainment Service, the Buyer or Spectator is obliged to:
5.3.1. properly issue and pay for the Ticket in accordance with the terms and conditions of this Offer;
5.3.2. receive the Ticket in the manner specified in this Offer;
5.3.3. arrive at the Event venue on time, pass access control by presenting a valid Ticket, and if a seat is specified, take the appropriate seat. Entrance to the Event, as a rule, opens in advance and ends with the start of the Event. The Ticket can be used only once. After passing the control, re-entry with the same Ticket is not allowed. In case of lateness, early departure from the Event or failure to arrive for any reason, provided that the Event has taken place, the Organizer's obligations are considered duly fulfilled, and the funds paid are not subject to refund.
5.3.4. comply with the rules of stay at the Institution and the requirements of the Organizer, which may be specified in the Ticket or established separately.
5.4. The Agent's related services are provided during the Order processing process until the Ticket is paid for. Payment of the fee for related services confirms the Buyer's agreement with the terms of their provision and the fact of proper receipt of such services.
5.4.1. By paying for the Ticket, the Buyer agrees that the cost of related services is non-refundable, and also waives the right to initiate a chargeback procedure.
5.5. The Agent is responsible for the proper provision of related services within the limits specified in this Offer.
6. TICKET ORDERING PROCEDURE
6.1. By placing an Order, the Buyer confirms that:
6.1.1. has read the terms and conditions of this Offer;
6.1.2. accepts the Rules of Stay at the Event;
6.1.3. understands and undertakes to comply with all requirements.
6.2. Tickets can be ordered:
6.2.1. through the Site by online registration;
6.2.2. at the points of sale.
6.3. The Order processing procedure includes the following stages:
6.3.1. selection of the Event and, if available, a specific location among those available for sale;
6.3.2. confirmation of agreement with the terms of purchase by confirming the final price of the Ticket - verbally (at the Point of Sale or by phone) or by clicking the appropriate button on the Site. Such confirmation means that the Buyer has received complete and accurate information about the services, is aware of the terms of their provision, and has familiarized himself with the security requirements and rules of conduct.
6.3.3. confirmation by the Agent of the possibility of selling the selected Ticket. After that, the Ticket is reserved for the Buyer for up to 20 minutes - when ordering via the Site or up to 1 minute - when ordering at the Point of Sale. In case of non-payment within the specified time, the Order is automatically canceled;
6.3.4. Payment for the Ticket is made in cash or non-cash (depending on the chosen method). Non-cash payment is considered to be made from the moment the transaction is confirmed by the payment system and the funds are credited to the Agent's account. Payment system fees are paid by the Buyer and are not included in the cost of the Ticket.
6.4. From the moment of payment and receipt of the Ticket, an agreement for the provision of the Theatrical and Entertainment Service is considered concluded between the Buyer and the Organizer. The right to attend the Event is granted to a person who presents a valid Ticket upon entry.
7. ACCEPTANCE RULES
7.1. The Order is considered to be completed, and this Offer is considered to be fully and voluntarily accepted by the Buyer (accepted) on the terms and conditions specified in this Offer and the relevant Order, from the moment of performing all actions stipulated in clause 6.3 of the Offer and full payment by the Buyer of the cost of the Ordered Tickets to the Agent.
7.2. By accepting this Offer, the Buyer confirms and guarantees that by the time of purchasing the Theatrical and Entertainment and Related Services, he has received complete, reliable, accessible and understandable information, in particular about:
7.2.1. name of the Event;
7.2.2. performers (artists);
7.2.3. use or non-use of phonograms;
7.2.4. the nominal value and final price of the Ticket;
7.2.5. procedure for purchasing, using and returning Tickets;
7.2.6. bank and payment system fees;
7.2.7. Organizer and Agent.
7.3. The Buyer confirms that the specified information was properly perceived by him, gave him the opportunity to make an informed choice and place an Order, and that he is aware that: The Agent acts on behalf of the Organizer exclusively within the limits of his authority to sell Tickets and conclude an agreement for the provision of Theatrical and Entertainment Services.
7.4. By accepting this Offer, the Buyer agrees that:
7.4.1. The Agent is not responsible for the actions or inaction of the Organizer;
7.4.2. The Agent is not responsible for improper performance or failure by the Organizer to perform obligations under the contract for the provision of the Theatrical and Entertainment Service;
7.4.3. The Agent is not a performer of the Theatrical and Entertainment Service;
7.4.4. all claims regarding the quality, scope or conditions of the provision of the Theatrical and Entertainment Service must be submitted directly to the Organizer. Unless otherwise expressly agreed between the Agent and the Organizer, the Agent does not accept cancellation of Tickets and does not refund them.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. BUYER'S RIGHTS:
8.1.1. Independently obtain information from open sources about the cost of Tickets, the amount of service fees and the cost of additional services from various operators and make decisions regarding the purchase of Tickets.
8.1.2. Receive information from the Agent regarding the rules for selling Tickets, the availability of seat categories and other information within the Agent's authority.
8.1.3. Independently choose a payment method from those offered on the Site and be responsible for familiarizing yourself with the rules for using the relevant payment instrument.
8.1.4. Send requests, feedback and comments regarding the work of the Agent using the contact details provided on the Site.
8.2. BUYER'S OBLIGATIONS:
8.2.1. Provide only accurate and complete information when placing an Order. In the event of errors or inaccuracies that make it impossible to fulfill the Order, the Buyer is responsible.
8.2.2. Read the terms and conditions of this Offer and accept them in full before purchasing a Ticket.
8.2.3. Have the right to refuse to purchase a Ticket before payment. After refusal, all obligations of the Agent shall cease.
8.2.4. Bear full responsibility for minors for whom the Ticket is purchased.
8.2.5. Pay the cost of Tickets and Related Services on time and in full.
8.2.6. Follow the rules of stay at the Institution and at the Event.
8.2.7. In cases provided for by law, return the Ticket directly to the Organizer in accordance with the requirements of the legislation of Ukraine.
8.2.8. Do not distribute information or materials that may harm the Agent, the Organizer or other Buyers.
8.2.9. Ensure the safety of the Ticket and do not transfer it to third parties, do not copy or disclose barcodes or other identification data.
8.2.10. Comply with the requirements of the legislation of Ukraine and decisions of government bodies, including those regarding anti-epidemic measures.
8.3. AGENT'S RIGHTS:
8.3.1. Require the Buyer to comply with the terms of placing and paying for the Order.
8.3.2. Refuse to sell the Ticket if the Buyer does not accept the terms of the Offer.
8.3.3. Require the Buyer to fulfill all obligations stipulated in this Offer.
8.3.4. Refuse to provide services in case of violation by the Buyer of the terms of the Order.
8.3.5. Make changes to the Offer or terminate its validity without prior notice, unless this applies to Orders that have already been paid for.
8.3.6. Modify the operation of the Site and the System, suspend their operation for technical work or troubleshooting without liability for communication interruptions.
8.3.7. Independently set and change the cost of Related Services.
8.3.8. Charge the Buyer a fee for service and additional services.
8.3.9. Refuse to conclude an agreement in case of violation by the Buyer of the terms of the Offer.
8.3.10. Establish additional fees, in particular for:
8.3.10.1. processing of the order by the operator;
8.3.10.2. sending electronic tickets;
8.3.10.3. ticket booking;
8.3.10.4. ticket printing;
8.3.10.5. payment through terminals;
8.3.10.6. collection of funds;
8.3.10.7. processing of collective orders;
8.3.10.8. other additional services.
The amount of such payments is determined by the Agent independently and may vary.
8.3.11. Engage third parties to fulfill their obligations under the Agreement.
8.4. AGENT'S OBLIGATIONS:
8.4.1. Provide the Buyer with reliable and up-to-date information regarding a specific Event within the limits of the powers granted to him.
8.4.2. Provide the Buyer with instructions on how to issue, pay for and receive the Ticket. The information posted on the Site and/or provided at the Points of Sale is considered complete and sufficient.
8.5. RIGHTS OF THE ORGANIZER:
8.5.1. Change the price of Tickets that have not been ordered, reserved or paid for.
8.5.2. Make changes to the terms and period of the Event.
8.6. OBLIGATIONS OF THE ORGANIZER:
8.6.1. Provide the Buyer or Spectator with the Theatrical and Entertainment Service in accordance with the conditions specified in the Ticket, at the specified place and at the specified time.
8.6.2. Provide information about the rules of stay at the Institution and the conditions for attending the Event.
8.6.3. Ensure the admission of the Spectator to the Event subject to presentation of a valid Ticket and compliance with the established rules. The Ticket is considered valid provided that:
- it was purchased from the Agent;
- has not been used before;
- not canceled and not returned for sale.
8.6.4. To refund funds in cases and in accordance with the procedure specified in the Instructions for Ticket Management, the Law of Ukraine “On Theaters and Theatrical Business” and the Law of Ukraine “On Consumer Rights Protection”.
9. RECEIPT OF TICKETS BY THE BUYER
9.1. Tickets are transferred only after full payment of their cost and related services in one of the following ways:
9.1.1. sending the Electronic Ticket to the Buyer's email;
9.1.2. receiving a paper Ticket at the Point of Sale.
9.2. Upon receipt of a paper Ticket, the Buyer or Spectator is obliged to confirm their identity by presenting a document or providing the Order number.
10. SPECIAL PROVISIONS REGARDING ELECTRONIC TICKETS
10.1. When issuing an Electronic Ticket, the Buyer is obliged to provide reliable:
10.1.1. email address;
10.1.2. telephone number;
10.1.3. name and surname of the recipient;
10.1.4. if necessary - passport data.
If inaccurate or incomplete information is provided, the Agent has the right to refuse to sell the Ticket.
10.2. In case of incorrect data, the Buyer is responsible for the inability to receive or use the Ticket.
10.3. The Buyer is fully responsible for the correctness of the specified email address.
10.4. The Electronic Ticket is sent only after full payment of the Order.
10.5. The Buyer independently ensures the printing of the Electronic Ticket of proper quality. In the event that the ticket cannot be read due to improper printing, the Buyer is responsible. The Agent is not responsible for denying access to the Event in such a case.
10.6. If permitted by the Organizer, the Buyer may present the Electronic Ticket from the screen of a mobile device, provided that it can be scanned correctly.
10.7. The Buyer is obliged to ensure the safety of the Ticket Barcode and prevent its copying.
10.8. In the event of copying or loss of the Barcode, access to the Event is granted to the person who first presented the Ticket for scanning. The Agent is not responsible for the consequences of such use.
11. PROCEDURE FOR TERMINATION AND CANCELLATION OF THE CONTRACT
11.1. The order regarding the conclusion of the Agreement for the provision of the Theater and Entertainment Service and the Agreement for the provision of related services is considered to have not taken place and does not require separate termination if the Buyer has not confirmed the intention to purchase the Ticket in the manner specified in clause 6.3.2 of the Offer or the Agent has not confirmed the possibility of selling the Ticket in accordance with clause 6.3.3 of the Offer.
11.2. The order is considered canceled at the initiative of the Buyer, and the contractual obligations are terminated, if:
11.2.1. The buyer has not made the payment:
- within 20 minutes from the moment of confirmation of the Order (when placing an order online), or
- within 1 minute from the moment of confirming the intention to purchase at the Point of Sale.
11.2.2. Spectator:
- did not appear at the West at the appointed time;
- violated the rules of stay;
- did not comply with the requirements of applicable law or the Organizer's instructions;
- was denied admission or removed from the Institution;
- lost the Ticket.
In such cases, the cost of the Ticket is not refundable.
11.3. The order in the part of the Agreement for the provision of the Theatrical and Entertainment Service is considered terminated if:
11.3.1. The Event was canceled by the Organizer;
11.3.2. The Event did not take place at the specified location or time due to the fault of the Organizer;
11.3.3. The Organizer changed the date, time or essential conditions of the Event, and the Buyer did not agree to such changes and refused to attend.
11.4. In the cases specified in clause 11.3, the Buyer has the right to demand a refund of the nominal value of the Ticket. The cost of accompanying and additional services is not refundable, as they are considered to have been properly provided.
12. REFUNDS
12.1. In accordance with the Instructions for Ticket Management, the Law of Ukraine "On Theaters and Theatrical Business", the Law of Ukraine "On Consumer Rights Protection", all claims regarding the cancellation or postponement of the Event, the quality of the Theater and Entertainment Service, and the refund of funds are submitted exclusively to the Organizer.
12.2. The Agent may refund funds only if:
12.2.1. The Organizer has provided the relevant authorization;
12.2.2. The Organizer transferred the funds to the Agent for refund.
12.3. Only the nominal value of the Ticket is refundable. Service fees and additional services are not refundable.
12.4. The Agent is not responsible for the terms and procedure for refunding funds by the Organizer.
12.5. The Agent is not a performer of the Theatrical and Entertainment Service, does not control its implementation and is not responsible for its quality. At the request of the Buyer, the Agent undertakes to provide the contact details of the Organizer.
12.6. If the Organizer has authorized the Agent to make a return:
12.6.1. Refunds are made exclusively in cashless form to the bank card from which the payment was made (For more details - https://numotamo.com/uk/page/refund ).
12.6.2. For a return, the Buyer submits an application through his personal account on the Site.
12.6.3. The refund period is up to 30 calendar days from the date of application submission. The Agent does not charge a refund fee. Related services are not compensated.
12.7. The contract for the provision of related services cannot be terminated at the initiative of the Buyer, since such services are considered to be provided at the time of placing the Order.
12.8. By placing an Order, the Buyer confirms that:
- familiarized myself with the return conditions;
- understands the grounds for canceling the contract;
- accepts the conditions without reservations;
- does not have the right to initiate a cancellation of a payment through payment systems (chargeback).
13. CONDITIONS OF USE OF THE CERTIFICATE
13.1. The Certificate may only be used on the Site for full or partial payment of a Ticket. The validity period of the Certificate is limited and is indicated on it.
13.2. The identification code of the Certificate is a barcode that may contain 10 digits or another combination of letters, digits and symbols. Certificates may be paper or electronic.
13.3. Disclosure of the barcode may result in loss of the right to use the Certificate. The Agent is not responsible if a third party uses the code without the owner's permission.
13.4. After the expiration date, the Certificate is considered invalid and the funds for it are not refundable.
13.5. The certificate is not exchangeable/refundable.
13.6. The certificate can be used only once. After that, it is canceled.
13.7. When ordering a Ticket whose Nominal Value is less than the amount of the Certificate, the balance will not be compensated to the Buyer, and the Certificate will become invalid.
13.8. When ordering a Ticket whose Nominal Value is greater than the value of the Certificate, the Buyer undertakes to pay the difference.
14. PERSONAL DATA. PRIVACY POLICY
14.1. When placing an Order, the Buyer provides the Agent with his/her personal data and/or data of third parties (Viewers). This gives the Agent the free right to process them in any way: collection, storage, modification, use, transfer, depersonalization, destruction, etc., in documentary, electronic or oral form.
14.2. Personal data is stored for 3 years from the date of acceptance of the Offer. After that, the period may be automatically extended for another 3 years, unless the Buyer requests deletion of the data.
14.3. If the Buyer, when placing an Order, provides the Agent with personal data of other persons, the Buyer hereby confirms that he has previously received from them the appropriate permission to transfer their data to the Agent, indefinitely store, use and process them by the Agent. The right to use and process personal data received from the Buyer includes, among other things, the Agent's right to send advertising (billboards) to the received addresses, telephone numbers and e-mail (e-mail).
14.4. List of personal data to the processing of which the Buyer consents:
- surname, first name, patronymic;
- e-mail;
- phone number;
- email address.
In cases expressly provided for by applicable law, the Company has the right to request additional information for the proper provision of services to the personal data subject.
14.5. Personal data processing is carried out in accordance with the Law of Ukraine "On Personal Data Protection" under the following conditions:
- processing period - 3 years from the date of acceptance of the Offer.
- separate consent is not required for processing, as it is related to the performance of the contract.
- the buyer guarantees that the data is provided voluntarily and agrees to the terms of the Offer.
14.6. The transfer of data to third parties is permitted only to fulfill the terms of the Offer or at the request of regulatory authorities. Neither party is entitled to any remuneration for the transfer of data.
14.7. Data is processed on the territory of Ukraine in accordance with Ukrainian legislation.
14.8. The Agent applies measures to protect data, but does not guarantee absolute security, taking into account the characteristics of the Internet network.
14.9. The Buyer consents to processing, including:
- collection, systematization, storage;
- update, clarification, use;
- transfer, depersonalization, blocking, destruction;
- placement in databases, accumulation, lifelong storage.
The Agent may engage third parties for marketing or other communication activities.
14.10. Personal data shall be deleted or destroyed in the following cases:
- termination of legal relations with the Buyer;
- requirements of the Verkhovna Rada Commissioner for Human Rights;
- court decision.
14.11. More information about the processing of personal data: https://numotamo.com/uk/page/offer-addition
15. INTELLECTUAL PROPERTY
15.1. The set of programs, data, trademarks, copyright objects, and other objects used on the Site are the intellectual property of its legal rights holders and are protected by national and international legislation. Any use of elements, symbols, texts, graphic images, programs, and other objects included in the Site without the permission of the Agent or other legal rights holder is illegal and may result in legal proceedings and the violators being held liable in accordance with the current legislation of Ukraine.
15.2. Any advertising materials placed by the Agent on the Site (intellectual property objects including but not limited to photographs, drawings, works, trademarks, videos, etc.) are provided by the Organizer (or the Principal). In accordance with the terms of the agreement concluded between the Agent and the Organizer (or the Principal), the Organizer (or the Principal) undertakes to independently and at its own expense resolve all issues related to the placement and use of the above-mentioned advertising materials by the Agent.
16. FORCE MAJEURE
16.1. The Parties are exempt from liability for full or partial failure to fulfill their obligations under this Offer if such failure was a result of force majeure circumstances that arose after the conclusion of this Offer and which the Parties could neither foresee nor prevent by reasonable measures.
16.2. Force majeure circumstances (force majeure circumstances) are extraordinary and unavoidable circumstances that objectively make it impossible to fulfill obligations stipulated by the terms of a contract (contract, agreement, etc.), obligations under legislative and other regulatory acts, namely: threat of war, armed conflict or serious threat of such a conflict, including but not limited to enemy attacks, blockades, military embargoes, actions of a foreign enemy, general military mobilization, military actions, declared and undeclared war, actions of a public enemy, riots, acts of terrorism, sabotage, piracy, disorders, invasion, blockade, revolution, rebellion, uprising, mass unrest, introduction of a curfew, quarantine established by the Cabinet of Ministers of Ukraine, expropriation, forced removal, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, unlawful actions of third parties, fire, explosion, long interruptions in transport operations, regulated by the terms of relevant decisions and acts of state authorities, closure of sea straits, embargo, ban (restriction) of export/import, etc., as well as those caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, storm, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits, ports, passes, earthquake, lightning, fire, drought, subsidence and landslide, other natural disasters, etc.
16.3. The existence and duration of Force Majeure is confirmed by a certificate of the Chamber of Commerce and Industry of Ukraine of the established sample.
16.4. If the Organizer postpones the date of the Event due to force majeure, the money paid by the Buyer for the Ticket will not be refunded, while all Tickets remain valid for the new date of the Event.
16.5. If the Buyer/Spectator was unable to attend the Event due to force majeure, illness, fear, delay, accidents, road closures or other reasons beyond the Organizer's control:
- The contract for the provision of theatrical and entertainment services is considered fulfilled;
- The nominal value of the Ticket is not refundable;
- The cost of Related Services is also not refundable, since they were provided by the Agent in full.
17. LIABILITY OF THE PARTIES
17.1. The Agent is only liable for Related Services within the scope of the contract concluded with the Buyer. The maximum liability is limited to the amount of the Service Fee paid.
17.2. The Organizer is liable for failure to provide or improper provision of the Theatrical and Entertainment Service within the framework of the concluded contract. Liability is limited to the nominal value of the Ticket.
17.3. Failure of the quality of the service to meet the Buyer's subjective expectations is not considered improper provision of the service.
17.4. The Agent shall not be liable for any postponement, replacement, modification or cancellation of the Event, as well as for the preparation and conduct of the Event.
17.5. The Buyer agrees that disclosure of the Barcodes printed on the Ticket may result in loss of the ability to use the specified Ticket. The Agent bears no responsibility for the attendance of the Event by the person who first reported the Barcode and is not the Buyer and/or his representative.
17.6. The Agent is not responsible for losses from using the Site, actions of banks, payment systems, the Principal or the Organizer.
17.7. The Agent bears no responsibility for the actions of the Principal and/or the Organizer and/or third parties selling Tickets acting on its own behalf and/or on behalf of the Principal or the Organizer, as well as for the organization and the fact of holding the Event.
18. DISPUTE RESOLUTION
18.1. Disputes arising during the performance of the Agreement under the terms of this Offer shall be resolved in accordance with the claim procedure. The claim shall be submitted to the Agent in writing with the attachment of documents substantiating the claims made, within a period of no more than 10 (Ten) banking days from the date of the cause of the dispute. The submitted claim shall be considered by the Agent within a period of no more than 10 (Ten) banking days.
18.2. If any disputes arising from or in connection with this Agreement, including those relating to its performance, breach, termination or invalidity, cannot be resolved through negotiations, such disputes shall be considered in accordance with the current legislation of Ukraine in court at the location of the Agent.
18.3. All and any disputes between the Buyer and the Organizer arising from the Agreement for the provision of the Theatrical and Entertainment Service shall be considered in the court at the location of the Organizer.
18.4. For all other issues not provided for in the Offer, the Parties shall be guided by the legislation of Ukraine.
18.5. This Agreement shall be governed and construed in accordance with the laws of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.
18.6. A court's finding of any provision of this Agreement as invalid or unenforceable shall not constitute grounds for the invalidity or unenforceability of other provisions of this Agreement.
19. NOTICE
19.1. The Buyer agrees to receive notifications by email or messengers for a period of 3 years. Notifications may be published on the Site or sent personally.
19.2. The Buyer may opt out of advertising at any time, except for system messages.
19.3. All questions and comments shall be sent to the Agent in writing using the contact details specified in the Offer.
20. SPECIAL CONDITIONS FOR CARRYING OUT MEASURES DURING MARTIAL STATE
20.1. The Parties agree that:
- the organizer and the Agent are exempt from liability for changes in time or program due to air or other emergency announcements;
- such alarms are considered force majeure circumstances;
- the organizer has the right to continue or end the Event at its own discretion;
- if the Event is completed due to an alarm, it is considered completed and no refunds will be made;
- Postponement of the Event Period does not entail a refund.
21. SECURITY POLICY FOR BUYERS' PAYMENT CARD DETAILS
21.1. When paying for services on the Site by bank card, payment processing takes place on a secure page of the processing system. Payment card data is transmitted to payment service providers only in encrypted form and is not stored on the Site and/or in the System.
21.2. The processing of confidential data (card details, registration and other data) of the Buyer is protected, any third party cannot obtain the Buyer's personal and banking data through the Agent's service (Site, System).
21.3. When working with card data, the information protection standard developed by the international payment systems Visa and Master Card - Payment Card Industry Data Security Standard (PCI DSS) is applied, which ensures secure processing of the details of the bank card holder - the Buyer.
21.4. When performing a transaction using payment card details, the 3-D Secure protocol is used for additional authentication of the payment card holder.
21.5. The Agent complies with Visa and MasterCard rules regarding the processing and confidentiality of payment data.
22. SPECIFIC TERMS AND CONDITIONS FOR PURCHASING A TICKET ON THE ENGLISH VERSION OF THE SITE
22.1. If the Client has selected the English version of the Site, the cost of all Tickets is automatically displayed in foreign currency (Euro).
22.2. The Client who has chosen a Ticket to the West whose value is specified in foreign currency (Euro) agrees that the payment initiated by the Buyer from his card account is automatically calculated in the national currency of Ukraine - hryvnia, which is equivalent to the corresponding value in foreign currency (Euro) at the exchange rate applied by acquiring banks and/or payment systems at the time the Buyer initiates such a transfer.
22.2.1. The Client agrees with possible exchange rate deviations and accepts them unconditionally. The Final Ticket Price is determined on the page of the acquiring bank and/or payment system.
22.2.2. If the client disagrees with the exchange rate, he/she may refuse to pay in euros and pay in hryvnia.
22.3. We would like to draw your attention and ask you to be careful when making payments with the conversion of Ukrainian hryvnia to Euro, because the exchange rates of payment systems and the National Bank may differ, the actual amount of the write-off is made at the current commercial currency exchange rate.
23. CHARGEBACK
23.1. Appealing a payment through the card system is possible within 14 calendar days after it is made.
23.1.1. Skipping this deadline means full agreement with the terms of refund according to the Offer;
23.1.2. The absence of a dispute by the Client about the payment made by him in the card payment system within the period provided for in clause 23.1. of this Offer means the Client's full and unconditional consent to the fact that the refund of funds is made to him exclusively in accordance with the procedure and on the terms provided for in this Offer.
23.2. If the client does not agree with the deadline for appeal, he may refuse to purchase the Ticket.
24. SPECIAL CONDITIONS FOR RECEIVING INVITATIONS
24.1. The invitation is not subject to the terms and conditions relating to the refund of funds for purchased Tickets.
24.2. The Client independently makes a decision on whether to receive an invitation from the Organizer, and independently familiarizes himself with the information on the conditions for receiving invitations and the conditions for holding Events. If the conditions for receiving invitations from the Organizer are not clear and/or incomplete to the Client, the Client must refuse to receive the invitation.
24.3. By placing an order to receive an invitation from the Organizer, the Client confirms that he has read all the conditions for receiving such an invitation.
24.4. By receiving an invitation from the Organizer, the Client agrees that:
- the invitation is not exchangeable or refundable;
- The Agent is in no way the organizer of the Event and bears no responsibility for the quality and conditions of the Event, the conditions and procedure for receiving invitations, and the distribution/use of funds by the Organizer;
24.5. Any claims of the Client relating to the holding of the Event, receipt of invitations, and paid funds are sent/considered/resolved exclusively by the Organizer.