PUBLIC OFFER AGREEMENT
The document, the provisions of which are set forth below in the text, is a public offer and a public agreement. According to the provisions of Articles 633, 641 of the Civil Code of Ukraine, the terms of the public offer and public agreement are the same for all Customers (Clients). In accordance with Part 2 of Article 642 of the Civil Code of Ukraine, installing the "еАдвокат" mobile application, and equally with this, registering on the website zahist.ua or client.zahist.ua (regardless of which page of these websites) constitutes acceptance of this offer, which is equivalent to concluding an agreement on the terms set forth below in the text, as well as the provisions of the Privacy Policy. The Privacy Policy regulates the features of the Customer's processing of Clients' personal data. You can familiarize yourself with the provisions of the Company's Privacy Policy on the website zahist.ua. The Privacy Policy is an integral part of these Terms.
This public offer is addressed to all individuals and legal entities wishing to use the service and having the technical capability to receive the service.
The Advocacy Association "Zahist" (hereinafter – the Contractor), on the one hand, guided by the current legislation of Ukraine, offers (public offer) to an individual and/or legal entity (hereinafter – the Customer), hereinafter together – the Parties, and each separately – a Party, to conclude a public service agreement (hereinafter – the Agreement) on the following terms:
1. TERMS AND DEFINITIONS
1.1. Public Offer (Agreement) – the Contractor's proposal addressed to any individual and/or legal entity, in accordance with Article 633 of the Civil Code of Ukraine, to conclude with him a public agreement for the provision of services to access the services of the mobile application "еАдвокат" and the websites zahist.ua and client.zahist.ua.
1.2. Acceptance – full and unconditional consent of the Customer to conclude this Agreement on the terms defined in this Agreement.
1.3. Contractor – Advocacy Association "Zahist".
1.4. Service – receiving information from the mobile application "еАдвокат" and the websites zahist.ua and client.zahist.ua.
1.5. Customer – an individual and/or legal entity, a service customer, who has agreed to the Terms and Privacy Policy of the Contractor, and has installed the "еАдвокат" mobile application, and equally with this, registered on the website zahist.ua or client.zahist.ua (regardless of which page of these websites).
1.6. Service – is the provision by the Contractor to the Customer of access to the service of the mobile application "еАдвокат" and the websites zahist.ua and client.zahist.ua on a paid or free basis.
1.7. Paid Services – provision for a certain fee, in monetary terms, by the Contractor, or another person, to the Customer of any service. The volume of paid services is determined by the Contractor at its own discretion and may be changed without agreement with the Customer.
1.8. Free Services – provision by the Contractor, or another person, to the Customer of any service without payment. The volume of free services is determined by the Contractor at its own discretion and may be changed without agreement with the Customer.
1.9. Cost of Services (Tariff) – a payment, the amount of which is established by the Contractor for the provision of a certain volume of services to the Customer for access to the service of the mobile application "еАдвокат" and the websites zahist.ua and client.zahist.ua.
1.10. Volume of Services – these are the capabilities, functionality, content that are available to the Customer and determine the scope of the Customer's rights to use the Service.
1.11. Personal Data – information or a set of information about an individual or legal entity that is identified or can be specifically identified.
1.12. Subject of Personal Data – an individual in relation to whom, in accordance with the current legislation, the processing of their personal data is carried out.
1.13. Consent of the Subject of Personal Data – any voluntary expression of will of an individual regarding the granting of permission to process their personal data. Installing the "еАдвокат" mobile application, and equally with this, registering on the website zahist.ua or client.zahist.ua (regardless of which page of these websites) implies the provision of consent by the subject of personal data to their processing.
1.14. Account – a set of information about the Customer provided by them.
1.15. Contractor's Partner Company – is a business entity with which the Customer can conclude a service agreement, thereby recording their agreement to join the terms of this agreement. The Contractor may, at its discretion, designate any business entity as such a company.
2. GENERAL PROVISIONS
2.1. On the basis and under the conditions defined in this Agreement, the Contractor provides the Customer, and the Customer accepts, services for access to the service of the mobile application "еАдвокат" and the websites zahist.ua and client.zahist.ua, after the Customer registers in the mobile application "еАдвокат" or on the website zahist.ua or client.zahist.ua.
2.2. The Service is provided on a paid or free basis at the Customer's choice by providing access to the service of the mobile application "еАдвокат" or on the website zahist.ua or client.zahist.ua.
2.3. All changes and additions to this Agreement are published in the mobile application "еАдвокат" or on the website zahist.ua or client.zahist.ua.
2.4. All terms of this Agreement are mandatory for the Customer. Before starting to use the Service, the Customer is obliged to familiarize themselves with the terms of this Agreement. If the Customer does not agree with the terms of this Agreement, they are not entitled to use the services of the mobile application "еАдвокат" or the websites zahist.ua or client.zahist.ua.
2.5. In case of the Customer's disagreement with changes made by the Contractor to this Agreement or with new tariffs for the Service, the Customer must stop using the service.
2.6. The Customer – subject of personal data, having registered on the service, consents to the processing of their personal data in the Contractor's personal database, and also agrees to receive regular emails and other messages from the Contractor.
3. SERVICE PROCEDURE
3.1. The Customer independently registers in the mobile application "еАдвокат" or on the website zahist.ua or client.zahist.ua and automatically receives access.
3.2. The Customer uses paid services at their own discretion, without restrictions.
3.3. In case payment has not been made, access is provided within the limits determined by the Contractor.
3.4. Access to the service, as a computer program, is the supply of software products within the meaning of paragraph 26¹ of subsection 2 of section XX "Transitional Provisions" of the Tax Code of Ukraine, and is exempt from VAT taxation.
3.5. The Contractor reserves the right at its discretion and at any time to change the terms of service provision.
3.6. The terms of the volume of services constitute an integral part of these Terms and are binding on all Customers. In addition, additional provisions regarding access to the service may be posted. Such provisions also form an integral part of these Terms.
3.7. The Contractor, at its discretion, at any time, without specifying grounds, may block the Customer's access to the service.
4. ACCOUNT
4.1. To use the functionality of the Service, the Customer needs to register an Account. To register an Account, the Customer needs to: (a) provide name, surname, email address, phone number, and residential address; or (b) conclude an agreement with the Contractor (or the Contractor's partner company), which will mean consent to register their account.
4.2. By registering in the Service, you confirm that you are a legally competent individual acting in your own name or on legal grounds on behalf of a legal entity. You also confirm that all information provided during registration is reliable, accurate, and up-to-date.
4.3. The procedure for storing and processing personal data of individuals by the Customer is established in the Privacy Policy.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Contractor undertakes:
5.1.1. To provide the Customer with access to the service, in the volume that it determines independently.
5.1.2. To maintain the confidentiality of the Customer's personal data received during Account registration and/or use of the service.
5.2. The Contractor has the right:
5.2.1. To terminate access to the service.
5.2.2. To change the procedure for providing access to services and their cost without re-concluding this Agreement, by publishing the changes in the mobile application "еАдвокат" or on the website zahist.ua or client.zahist.ua.
5.2.3. To disclose any information if it is necessary in accordance with the legislation of Ukraine, at the request of authorized state bodies, as well as to ensure the normal functioning of the service or to protect the Contractor and the Customer(s), if this does not contradict the relevant Constitutional rights of citizens and the current legislation of Ukraine.
5.2.4. To involve the Contractor's partner companies to provide payment services for payment for the Contractor's services.
5.3. The Customer undertakes:
5.3.1. When using paid services, to timely pay for the Contractor's services in the volume, procedure, and terms provided for in this Agreement.
5.3.2. To comply with the terms of this Agreement.
5.3.3. Not to resell, not to provide the results of services under this Agreement to third parties.
5.3.4. To familiarize themselves with the Agreement, the terms of provision of selected services, to adhere to and fulfill their requirements.
5.3.5. To keep all network credentials (logins, passwords) secret.
5.3.6. The Customer undertakes not to collect, copy, and process personal data of other persons, as well as any other information posted in the Service, including through parsing, i.e., collection, analysis, processing, and storage of information posted on the web pages of the Service by using parser programs ("spiders") and their analogues.
5.4. The Customer has the right:
5.4.1. To receive information about the service.
5.4.2. To use the Service within the functionality available according to these Terms.
5.4.3. In case of any questions, complaints, or suggestions regarding the use of the Service or the need to obtain other information within the competence of the Contractor, to contact technical support using the appropriate functionality of the Service or by sending a message to the Contractor's email.
6. COST OF SERVICES AND PAYMENT PROCEDURE
6.1. The cost of Services under this Agreement is determined in accordance with the terms published in the mobile application "еАдвокат" or on the website zahist.ua or client.zahist.ua. Prices are indicated in the national currency of Ukraine.
6.2. Payment for Services is made by the Customer by non-cash payment to the current account of the Contractor or the Contractor's partner company.
6.3. The Service is provided subject to payment of 100% upon receipt of payment. The date of commencement of service provision by the Contractor is the day of receipt of funds from the Customer.
6.4. The Customer independently bears responsibility for the correctness of payments made by them.
7. SERVICE INFORMATION
7.1. The service may contain publications, articles, and other informational materials of journalistic, analytical, and other nature. The authors of these materials may be both the Contractor and other persons. In no case does the Contractor bear responsibility for the reliability of these materials and the consequences of their use.
7.2. Data obtained from third-party resources are open data obtained from official sources, Google search systems, resources of other third parties who have the right to collect, process, and transmit data in accordance with the legislation of Ukraine. The Service collects, analyzes, and uses data from open sources, but not exclusively from datasets subject to disclosure in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 835 "On Approval of the Regulation on Datasets Subject to Disclosure in the Form of Open Data", in accordance with the Law of Ukraine "On Access to Public Information".
7.3. The compliance and correctness of data in the service depends on the correctness of such data on third-party resources. The Contractor does not bear any responsibility for the content of such data, as well as for the consequences of their use.
7.5. The Service may contain links to websites, web pages, and applications of third parties. The Customer independently bears responsibility for familiarizing themselves with the terms of use of the relevant websites and agrees that they use such websites at their own risk and bear full responsibility for the corresponding actions.
8. LIABILITY OF THE PARTIES
8.1. The Contractor is not responsible for the completeness and reliability of any information, including summarized and analytical data, based on machine analysis of data obtained from official sources of public information and third-party resources.
8.2. Summarized data, connections, and analytical information in the service are for informational purposes only. The Customer uses summarized data and analytical information for making any decisions solely at their own discretion, and the Contractor does not bear any responsibility for the consequences of using this data and analytical information.
8.3. If the Customer is dissatisfied with the terms and/or quality of the service, it is advisable to stop using it.
8.4. The Contractor is not liable for any damages (direct, indirect, and incidental), including lost profits, arising from malfunctions in the service, as a result of its use or inability to use. The Contractor is not responsible for any actions or inaction of a person and their consequences related to the use of information obtained from the service, unless otherwise provided by law.
8.5. For non-fulfillment or improper fulfillment of their obligations under these terms, the parties bear responsibility in accordance with the current legislation of Ukraine.
8.6. The Customer undertakes not to violate and not to attempt to violate the provisions of these terms. If the Contractor at its discretion determines that the Customer has violated or attempted to violate these terms, the Customer's access to the service may be terminated. The Contractor may restrict the Customer's access to the service, block or delete an account in connection with a violation of this Agreement.
9. DISPUTE RESOLUTION PROCEDURE
9.1. These terms and the relationship between the Parties are governed by the legislation of Ukraine.
9.2. All disputes that may arise in connection with these Terms, including any issues regarding their execution, conclusion, validity, or termination, the Parties will try to resolve through negotiations.
9.3. The Customer agrees that for the purposes of resolving disputes between the Parties, an effective and mandatory means of communication is correspondence with the Customer by email and/or phone.
9.4. In case the Parties do not reach an agreement on the dispute within 30 (thirty) calendar days, the dispute is referred to the competent court in accordance with the legislation of Ukraine.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. All components of the service as a whole belong to the Contractor and are protected by legislation in the field of intellectual property rights protection.
10.2. Commercial use of any materials or elements of the service without the written permission of the Contractor is strictly prohibited.
11. FINAL PROVISIONS
11.1. The Customer has the right to terminate these Terms unilaterally at any time by deleting their account. To delete an account, the Customer needs to send a letter with a corresponding request to the Contractor's email.
11.2. The Contractor has the right to terminate these Terms unilaterally at any time.
11.3. The Contractor has the right to make changes or additions to these Terms at any time without any special notice by posting a new version of the Terms in the corresponding section of the service. The new version of the terms comes into force from the moment of its posting in the service, unless otherwise provided by the new version of the terms. The Customer should periodically review the current terms. If after 1 (one) calendar day after making changes, the Customer continues to use the service, this means that the Customer fully and unconditionally agrees with such changes.
11.5. All requests regarding the use of the service, in particular those provided for by these terms, must be sent to the Contractor at the address indicated on the service.