The Public offer agreement, hereinafter referred to as the “Offer”, is the official public offer, in the scope of Article 633 of the Civil Code of Ukraine, for the acquisition of information, purchase of goods and consulting services provided by Private Entrepreneur Ivanna Krekoten registered under the law of Ukraine (hereinafter referred to as the “Service Provider”) to third parties attracted under the terms of this Offer, addressed to an unlimited number of persons having access to the Service provider’s website Habsbury.com.
Terms used in this Offer shall have the following meanings:
1.1. Services – a set of methodological recommendations of the Service provider aimed at achieving the specified physical goal, the formation of sustainable sport progress of the Customer, including online coaching, online Webinars, and online consultations.
1.2. Goods – printable schedulers, books, recorded Webinars, recorded video courses. All Goods are provided in non-physical form.
1.3. Customer – the user (potential user) of the Services on the terms of this Offer, who has provided his personal data and is a capable person who has reached the age of 18, and has the legal right to enter into a contractual relationship with the Service provider.
1.4. Website – https://habsbury.com/.
1.5. Webinar – an online video lesson, an online lecture or master class conducted in a real time or in the mode of broadcasting the recording of the Service Provider’s video lesson, lecture or master class using web technologies.
1.6. Online coaching – a course of consultations that takes place in real time via individually specified web technologies or by Email and is expressed in the form of information transfer (i.e. personal recommendations on exercises, diet, lifestyle in the form, including video samples) by demonstrating the original methods of Service provider in achieving a certain Customer’s goal with an active role of the Customers on the terms of this Offer.
1.7. Online consultation – a one-time Service provider’s recommendation via Email on the questions submitted by Customer.
1.8. Offer – a public offer to enter into Agreement addressed to an unlimited number of persons.
1.9. Acceptance of Offer – full and unconditional acceptance of this Offer by the Customer.
1.10. Agreement – a contract between the Service provider and the Customer under the terms of this Offer arising out of the Acceptance of this Offer.
1.11. Parties – Service provider and Customer who has accepted the Offer.
1.12. Mailing list – a list of the names and addresses of Customers to whom advertising matter, information, or other materials of the Service provider may be mailed regularly.
1.13. Contact form – electronic form on the Website enabling the Customer to be added to the Mailing list of the Service provider by indicating Email, name and other contact or personal data.
- Subject matter of the Offer
2.1. The Service provider shall undertake to provide the Services or Goods concerned with courses in the field of fitness and nutrition chosen by the Customer and Customer shall undertake to accept and pay for such Services or Goods.
- Acceptance of the Offer
3.1. Payment for the Services or Goods of the Service provider made by the Customer shall constitute the full and unconditional acceptance of the Offer under the terms specified herein.
3.2. Acceptance of the Offer shall, according to Article 641 and 642 of the Civil Code of Ukraine, mean the conclusion of the Agreement on the terms specified in this Offer and shall set up mutual rights and obligation of the Parties thereto.
- Rights and obligations of the Service provider
4.1. The Service provider shall undertake to:
4.1.1. provide the Customer with Services or Goods in full and on time in accordance with the Agreement.
4.1.2. ensure proper distribution and continuous access to online Webinars, online coaching lessons, online consultations, printable schedulers, books, recorded Webinars and video courses, or any other information or materials of the Service provider for all Customers accepting the Offer.
4.1.3. maintain communication with the Customer via Email indicated by the Customer in the Contact form.
4.1.4. provide the Customer with information materials necessary for the provision of Services hereunder.
4.1.5. notify the Customer of all substantive changes in the terms of provision of Services, including the price, content of online Webinars, online coaching lessons, online consultations, printable schedulers, books, recorded Webinars and video courses, or any other information or materials of the Service provider, banking details for payment and contact information.
4.1.6. provide any detailed information on Services and Goods at the request of the Customer.
4.1.7. use all personal data and other confidential information of the Customer only for the provision of the Services.
4.1.8. keep confidentiality of the personal data and other information of the Customer indicated by them in the Contact form and provide it to the Customer at their first request.
4.1.9. not to transfer or disclose the documentation, information, photos, videos of the Customer to third parties.
4.2. The Service provider shall have the right to:
4.2.1. terminate the provision of Services to the Customer and terminate this Agreement unilaterally in case of violation by the Customer of its obligations in accordance with this Agreement.
4.2.2. refuse to provide Services under the Agreement notifying the Customer in writing via Email, provided that full refund of the pre-payment for not provided Services is granted;
4.2.3. include the Customer in the Mailing list for subsequent distribution of materials and information on the chosen Services or Goods and any other advertising matter or promotional information.
4.2.4. change the cost of the Services and other provisions of this Offer without prior consent of the Customer, while ensuring the publication of the amended terms on the Website according to Article 7.
4.2.5. determine the forms, methods and procedure for the provision of Services.
- Rights and obligations of the Customer
5.1. Upon Acceptance of the Offer, the Customer shall represent and warrant that:
5.1.1 The Customer has provided valid and accurate personal data.
5.1.2. The Customer accepts the Offer and enters into this Agreement voluntarily, while being fully acquainted with the terms of the Offer, fully understanding the subject of the Offer and the nature of the Services rendered, fully understanding the significance and consequences of their actions in relation to the concluded Agreement and being sure that there are no possible negative consequences in relation to their own physical health.
5.2. The Customer shall undertake not to use the information received from the Service provider in such a way as to cause damage to the interests of the Service provider.
5.3. The Customer shall undertake not to distribute any information and materials received for free or purchased from the Customer to any third parties.
5.4. The Customer shall have the right to:
5.4.1. request and receive accurate and complete information on the Services or Goods by the Service provider.
5.4.2. receive the full provision of paid Services on timely basis and in proper manner.
5.4.3. communicate with the Service provider on any operational matters via Email indicated in the Contact form.
5.4.4. receive from the Service provider the written consultation on issues related to the execution of this Agreement; clarify and adjust the desired results of the Services provided to the Customer in the event of a significant change of the situation.
6.1. The Services shall be provided to the Customer via Email indicated by them in the Contact form.
6.2. In order to use the Services, the Customer shall fill in the Contact form with accurate personal data. The Customer shall certify that he unconditionally and fully accepts the terms of the Offer by putting a corresponding mark in the check-box “I agree with all conditions of the Offer”.
6.3. The Customer shall receive the Services provided by the Service provider after payment made to the bank account of the Service provider.
6.4. Upon acceptance of this Offer, the Customer shall undertake to unconditionally accept the Service provider’s Services.
6.5. The communication between the Parties shall be carried out via Email service. The Customer shall receive tasks, recommendations and consultations (explanations) of the Service provider and shall independently determine the method and time for their implementation.
6.6. The Customer shall guarantee that he fully understands that their results in losing weight or achieving any other desired physical goal may differ depending on the personal health or physique, diligence in following recommendations of the Service provider and other factors outside of the Service provider’s control.
6.7. The Customer shall undertake to use methodological recommendations and materials provided by the Service provider while passing online Webinars, taking online coaching lessons and online consultations as well as using purchased printable schedulers, books, recorded Webinars and video courses, or any other information or goods received from the Service provider. It is advised not to use products and guidelines that are not in the list of recommendations of the Service provider to achieve a specified goal.
6.8. The Services shall be considered to be rendered properly and in full under the Agreement after the Customer has been added to the Mailing list and received materials from the Service provider via Email indicated by the Customer in the Contact form.
- Term of validity and amendments to Offer
7.1. The Offer shall become effective upon its publication on the Service provider’s Website and shall remain valid until its withdrawal by the Service provider.
7.2. The Service provider shall have the right to amend the Offer and /or to withdraw the Offer at any time.
7.3. Amendments to the Offer made by the Service provider shall become effective upon their publication on the Website.
7.4. The Service provider shall place notice in the form of phrase “Last updated (date)” above the text of the amended Offer on the Website.
- Term of the Agreement
8.1. The Agreement shall become effective upon the acceptance of the Offer by the Customer carried out according to paragraph 3.1.
8.2. The Agreement shall be terminated upon complete provision of specified pre-paid Services to the Customer or fulfillment of all obligations to the Customer relating to such Services by the Service provider.
8.3. Online coaching may be terminated at any time upon the desire of the Customer by notification to the Service provider via email service.
9.1. All content on the website habsbury.com, including texts, photos, videos, graphics, webinars or any other information sent to the Customer by the Service Provider is the property of the Service provider.
9.2. Unauthorized use and/or duplication of any such content without the express and written permission of the Service provider is strictly prohibited.
9.3. Any materials received by the Customer by email or published on the Website are intended for private non-commercial use.
10.1. All information exchanged between the Parties as well as any commercial information on the terms of cooperation between the Parties shall be confidential and shall not be subject to disclosure and / or use without the written consent of the other party, provided that in the event of a compulsory disclosure at the request of the authorized government representatives, Parties shall immediately, but no later than within 3 (three) business days from the moment of such compulsory disclosure, notify the other Party in writing of such disclosure.
11.1. Service provider’s consultations, recommendations during online coaching courses, online and recorded video Webinars, information contained in printable schedulers, books and other information or documents located at the Service provider’s Website or received by the Customer via Email in no way shall be considered any kind of specialized, professional or expert advice.
11.2. Information contained in paragraph 11.1. of this Article shall be considered a generalized recommendation.
11.3. By accepting the terms of this Offer and concluding the Agreement, the Customer understands that the Service provider does not bear any risks regarding the understanding by the Customer of the methodological recommendations set forth in the information and (or) analytical materials, as well as any advice. All the methodological recommendations and advice contained in the materials sent by the Service provider shall be used by the Customer at their sole discretion. All risks for the consequences of using the information obtained as a result of passing online Webinars, taking online coaching lessons and online consultations as well as using purchased printable schedulers, books, recorded Webinars and video courses, or any other information or goods received from the Service provider shall be fully borne by the Customer.
11.4. Under no circumstances shall the Service provider be liable for any indirect, incidental, consequential damages arising out of or in connection with Customer’s access or use of content of the Website, information contained in online consultations, online and recorded Webinars, online coaching lessons, printable schedulers, books and other Services or Goods of the Service provider.
11.5. Testimonials and examples used on the Website and in the video- and photo content are exceptional results and the Service provider shall not guarantee, promise, and/or assure that any Customer will achieve the same or similar results.
11.6. The Service provider shall not be held liable for any failure to perform or improper performance of this Agreement in the event of any poor functioning equipment, software and communication channels located outside the resources of the Website, caused by technological reasons or actions/omissions of third parties.
11.7. The aggregate liability of the Service provider under the Agreement for any claim or claim in respect of the Agreement or the Offer or its performance, shall be limited to the amount of payment made by the Customer to the Service provider.
- Refund policy
12.1. The Customer shall have the right to get a refund for prepaid not used or defective Services or Goods within the specified period.
12.2. The information on Services or Goods eligible for a refund, their refund period and special conditions shall be indicated in the description of each item of Services or Goods on the relevant Website pages.
12.3. Not used Services shall mean that the Customer has paid for the Services but has not received the materials or online consultation by the Service provider or has cancelled the subscription to the online Webinars or Coaching lessons etc. Refund is granted only for the non-used part.
12.4. Not used Goods shall mean that the Customer has paid for the Goods but has not received them via Email. Should the Customer receive the Goods, the following Goods shall not be eligible for a refund.
12.5. Defective Services shall mean Services and/or their provision not complying with the conditions and requirements of the Offer.
12.6. Defective Goods shall mean Goods received by Customer in a form of corrupted computer files.
12.7. The Customer shall contact the Service provider via Email indicated on the Website concerning all questions related to the refund policy.
12.8. Money will be transferred by the Service provider to the indicated credit card of the Customer upon completion of a short form on the Website.
- Applicable law and dispute resolution
13.1. This Offer and the Agreement arising out of it shall be governed by the laws of Ukraine.
13.2. Any dispute arising out of this Offer or Agreement shall be resolved by negotiations.
13.3. Should the Service provider and the Customer fail to resolve the dispute by negotiations, it shall be settled by the Commercial Court of Kyiv City.