Public Offer Agreement – This is an agreement publicly concluded between the Customer and the Contractor regarding the conditions for providing informational services (courses).
Website – A collection of web pages available on the Internet, owned by the Contractor, containing the current list of informational services and their prices, available at the URL: https://www.chicupdate.com/
Guide – An informational service related to providing specialized information on style, as well as other information containing professional explanations and practical recommendations from the Contractor. The materials are provided remotely via the Internet.
Website Guest – Any legal entity, individual entrepreneur, or individual who is considering the Contractor’s offer but has not yet accepted the Offer.
Offer – Information about informational services (courses) posted by the Contractor on the Website, which includes information about services, prices, payment methods, discounts, promotional offers, and other conditions for acquiring services. The conditions of the Offer posted on the Website are set by the Contractor.
Acceptance of the Offer – The full and unconditional agreement to the terms of this Offer by performing actions to order a Course via the Website (https://www.chicupdate.com/) and paying the Contractor’s invoice under the terms specified in this Offer. The date of acceptance is the date the Customer's payment is credited to the Contractor’s bank account.
Trust Installment – A special payment procedure for the Contractor’s services, defined in paragraph 4.4 of this Offer.
The Customer entrusts, and the Contractor undertakes the obligation to provide the Customer with a set of informational services remotely via the Internet, as specified in the Guide, which contains the informational content, according to the Guide’s description on the corresponding page of the Website.
The subject of the Agreement includes a full list of services, dates, and durations of services, which are posted on the Website: https://www.chicupdate.com/.
The information about the Offers displayed on the Website (https://www.chicupdate.com/) is dynamic. This means that the information may be updated, changed, supplemented, or removed by the Contractor at any time without prior notice to the Website Guest or the Customer. The Website owner (Contractor) has the right to amend the terms of this Offer at any time. The amendments take effect from the moment the new version of the Offer is posted on the Website and do not require additional notification to the Website Guest or the Customer.
All information available on the Contractor's Website is an integral part of this Offer.
This Offer is an open and publicly available document. The current version of the Agreement is available at https://www.chicupdate.com/agreement and is available for review until the Customer accepts the terms of the Offer.This Agreement is public as understood under Article 633 of the Civil Code of Ukraine.
By entering into this Agreement, the Customer guarantees that:
- According to the law, they have the right to enter into this Agreement in order to use the informational services obtained under this Agreement for their own needs;
- All information provided by the Customer is accurate, correct, and complete.
The Customer will not provide access to the informational product – the Course – to third parties, will not transfer it to third parties, will not illegally distribute it on the Internet, change it, or present it as a new standalone informational product.
The Agreement is concluded by the Customer’s acceptance of this Offer. The Customer fully and unconditionally accepts (approves) the terms of this Agreement in its entirety, without any other conditions, exclusions, or remarks.
The Customer confirms that prior to entering into this Agreement, they were fully and properly acquainted with all its provisions and accepted them voluntarily, without any coercion.
The Customer accepts the Offer by:
- Paying the full cost of the Contractor’s services to the Contractor’s bank account based on the details received from the Contractor or via the payment link provided through the remote banking service or money transfer services (Internet acquiring).
The date of conclusion of the Agreement is considered the date of the funds’ deposit to the Contractor’s bank account.
The price of each individual Offer is determined by the Contractor and specified on the corresponding page of the Website. The price of the Agreement is determined by adding the prices of all informational services selected by the Customer.
The Contractor’s informational services are provided in full upon 100% (one hundred percent) prepayment by the Customer, under the conditions and within the terms defined in this Agreement.
Payments for services are made by transferring funds to the Contractor’s bank account or via the payment link provided through the remote banking service or money transfer services (Internet acquiring).
The Customer makes the full payment for the Contractor’s services using the remote banking service or money transfer services (Internet acquiring).
Refunds by the Contractor are made at their discretion. The Contractor has the right to unilaterally change the service rates. Information about such changes will be published on the Contractor’s Website. This clause does not apply if the Customer has already made the payment for the services by full prepayment or under the terms of Trust or Bank Installment.
According to paragraph 2 of Article 524 of the Civil Code of Ukraine, the Parties determine the monetary equivalent of the Customer's obligation to pay for the services provided under this Public Agreement. The calculation is made in the national currency – the Ukrainian Hryvnia – by determining the exchange rate of the Hryvnia to the US Dollar at the time of payment, based on the selling exchange rate of foreign currency set by the National Bank of Ukraine. If the Customer is a tax resident of a foreign jurisdiction, the payment currency for this Agreement may be changed with the written consent of the Parties.
The Customer is considered to have paid for the Contractor’s services when the funds are credited to the Contractor’s bank account.
Obligations of the Contractor:
- The Contractor shall provide access to the Service and Course to the Customer in a timely manner, within 3 (three) business days, in accordance with the terms of this Offer.
- The Contractor shall not disclose any information obtained from the Customer or other sources that goes beyond the terms of this Offer during the performance of the Contractor’s obligations under this Offer, in compliance with the current legislation of Ukraine.
- The Contractor shall immediately inform the Customer about any non-compliance of the provided information with the Contractor’s requirements or the current legislation of Ukraine.
Obligations of the Customer:
- The Customer shall timely and accurately provide the Contractor with all necessary information related to the provision of Services.
- The Customer shall immediately provide the Contractor with all their wishes regarding the subject of this Offer in writing.
- The Customer shall timely and fully pay for the Services.
- The Customer shall refrain from any actions that may damage the reputation of the Contractor.
- By entering into this Agreement, the Customer gives consent for the Contractor to process and publish information, including results (achievements) and feedback addressed to the Contractor via electronic means of communication, at the Contractor's discretion and in a convenient manner.
- The Customer shall not distribute (or reproduce in any form) the informational materials of the Course publicly, nor provide access to the Course to third parties who are not a Party to the Agreement, and shall not purchase a single Course for multiple people.
Rights of the Contractor:
- The Contractor has the right to receive timely information necessary for providing the Services.
- The Contractor has the right to suspend the provision of services with simultaneous notification to the Customer in the event of non-compliance by the Customer with any agreements and obligations specified when entering into this Offer or during its execution, either in writing or orally; or if the Customer creates conditions, for any reasons, of a technical or economic nature that prevent the normal completion of this Offer; or in case of untimely or incomplete payment for services. In the cases listed above, if the reasons for suspension of the Offer are not eliminated, the Agreement may be immediately terminated unilaterally by the Contractor (due to the fault of the Customer). The results of the provided services will not be delivered to the Customer in such cases. The Customer’s access to the Contractor's informational product will be immediately closed. The restoration of services will only occur after the Customer eliminates the reasons for suspension (at the Contractor's discretion). The service period will automatically be extended by the downtime period.
- The Contractor has the right to engage third parties, such as Mentors, Curators, etc., for the direct provision of services under this Agreement.
- The Contractor has the right to unilaterally change the terms of the Offer without re-executing the Agreement, by publishing the changes on the Website.
Rights of the Customer:
- The Customer has the right to receive informational services in the scope and under the conditions specified in this Agreement.
- While consuming informational services, the Customer has the right to receive necessary information and assistance from the Contractor and from third parties involved by the Contractor in the provision of the services.
This Offer is effective from the moment it is published on the Contractor’s Website and enters into force upon the Customer’s acceptance of the Offer, remaining in effect until the Contractor has fulfilled the Services under this Offer.
Any amendments or additions to this Offer are legally binding only if made in writing and signed and sealed by the authorized representatives (if applicable) of the Parties.
The Offer may be terminated by mutual agreement of the Parties.
In the event of termination of the Offer or expiration of its term, the Contractor has the right to retain all electronic information about the Customer.
The Customer has the right to refuse the provision of paid informational services, with no right to claim a refund of the paid amount for these services, except in cases established by this Agreement.
The Parties shall be liable for failure to perform or improper performance of their obligations under this Offer in accordance with the laws of Ukraine.
The Contractor shall not be liable under any circumstances for:
a) any actions/inactions that are a direct or indirect result of the actions/inactions of any third parties;
b) any indirect losses and/or lost profits of the Customer and/or third parties, regardless of whether the Contractor could foresee the possibility of such losses or not;
c) the use (or inability to use) and any consequences of the use (or inability to use) the payment method selected by the Customer under this Agreement.
The Contractor's total liability under this Agreement, for any claims or complaints regarding the Agreement or its execution, shall be limited to the amount of the payment made by the Customer to the Contractor under the Agreement.
The Customer is responsible for the accuracy of the warranties provided by the Customer to the Contractor. In case of a violation of the warranties regarding the accuracy, completeness, and correctness of the provided information, the Customer shall be liable in accordance with the laws of Ukraine.
In case the Contractor detects violations of the provisions related to the unauthorized distribution of the Guide materials or access to the Service by third parties, the User agrees to pay a fine equal to 300% of the cost of the Guide they selected. Violations may be documented with screenshots, software tools, or facts of third-party access to the Service, or any other reasonable means.
The imposition of sanctions on the Customer is the right of the Contractor, and the sanctions may be fully or partially applied to the Customer at the Contractor’s discretion.
Any disputes arising from or related to this Agreement shall be resolved through negotiations between the Parties.
If a dispute cannot be resolved through negotiations, it shall be resolved in court according to the jurisdiction and venue of the dispute as determined by the current legislation of Ukraine.
A Party shall be exempt from the responsibility for full or partial breach of this Agreement if it proves that such breach occurred as a result of force majeure, as defined in this Agreement, provided that the occurrence of force majeure has been certified in the manner specified in this Agreement.
Force majeure in this Agreement refers to events of irresistible force, which are defined in this Agreement as the basis for exemption from liability for breach of the Agreement.
Irresistible Force in this Agreement refers to any extraordinary events of external nature regarding the Parties, which occur without the fault of the Parties, outside their will or contrary to the will or desire of the Parties, and which cannot be foreseen or prevented despite taking the usual measures, including (but not limited to) natural phenomena (earthquakes, floods, hurricanes, lightning strikes, etc.), disasters of biological, technogenic, and anthropogenic origin (explosions, fires, epidemics, phytopathogenic outbreaks, etc.), as well as the issuance of prohibitive or restrictive regulations by state authorities or local governments, and other lawful or unlawful prohibitive or restrictive actions of these authorities, making it impossible to fulfill or temporarily hindering the execution of this Agreement by the Parties.
Case in this Agreement refers to any circumstances that are not considered irresistible force as per this Agreement and which are not directly related to the actions of the Parties and not connected to any causal link with them, which arise without the fault (intent or negligence) of the Parties, outside their will or contrary to the will or desire of the Parties, and which cannot be foreseen or prevented despite taking the usual measures with due care and caution.
The occurrence of irresistible force must be certified by a competent authority.
The occurrence of a case must be certified by the Party invoking it.
A Party wishing to invoke force majeure shall immediately, considering the technical means of immediate communication and the nature of the existing obstacles, but no later than 5 (five) business days, inform the other Party of the existence of force majeure and its impact on the performance of this Agreement.
If force majeure and/or its consequences temporarily hinder the performance of this Agreement, the performance of this Agreement shall be suspended for the period during which it is impossible to execute.
The violation of intellectual property rights on the Contractor’s informational products under this Agreement includes, but is not limited to, the Customer’s wrongful access granted to third parties to the Guide and violation of other intellectual property rights of the Contractor and authors. The Customer does not have the right (nor the right to allow anyone) to copy, translate from one language to another, record, modify (create a derivative work), make changes, or distribute the Contractor’s informational product. Any violation of the intellectual property rights on the Contractor's informational product is a material breach of this Agreement and grants the Contractor the right to terminate the Agreement unilaterally and demand compensation for all damages incurred.
The Parties are obliged to maintain confidentiality regarding all information obtained during the preparation, conclusion, and performance of this Agreement (hereinafter referred to as Confidential Information).
Confidential Information – any information of a professional, production, business, or other nature transmitted by the Contractor to the Customer, in writing, orally, on paper media, in electronic form on information carriers, or through a protected website with restricted access. All confidential information is and remains the exclusive property of the Contractor, and the Customer has no interest in it. Upon the Contractor’s request, the Customer shall immediately return to the Contractor all confidential information related to the Customer.
Confidential Information does not include information that is publicly known or widely known without breach of this Agreement.
The transfer, publication, disclosure, or any other disclosure or use of Confidential Information by the Party during the term of this Agreement, as well as for three years after the termination of this Agreement, may only be carried out with the written consent of the authorized representative of the other Party, regardless of the reasons for the termination of this Agreement. Notwithstanding the above, the Parties have the right to disclose or reveal commercial secrets and/or confidential information in accordance with legal requirements, regulations, or court orders, or at the request of an authorized government body, provided that the other Party is notified in writing about such a request, so that the other Party has the opportunity to ensure protection or limit such disclosure.
The Customer consents to the collection and processing of their personal data for the following purposes:
- To identify the Customer;
- To directly provide informational services;
- For targeting advertisements;To send electronic correspondence (news, promotions, or special offers);
- For storing information in the CRM system (client database). The consent for storing and processing personal data has an unlimited duration.
The Contractor has the right to grant access to the Customer’s personal data if subcontractors are involved in providing services and organizing advertising campaigns. Subcontractors may access part of the Customer's personal data.
By accepting the terms of this Agreement, the Customer also accepts the risk of not obtaining profits and the risk of possible losses associated with the use of information and knowledge obtained by the Customer as a result of receiving the Service.
Except for the warranties explicitly stated in the text of the Agreement, the Contractor does not provide any other direct or implied warranties under the Agreement and expressly disclaims any warranties.
By agreeing to the terms and accepting this Agreement, the Customer confirms to the Contractor and guarantees that:
- The Customer is entering into the Agreement voluntarily, and:
- They have fully familiarized themselves with the terms of the Agreement,
- They fully understand the subject of the Agreement,
- They fully understand the meaning and consequences of their actions regarding entering into and performing the Agreement.
The Parties undertake to promptly inform each other about any circumstances that threaten the fulfillment of obligations or make it impossible to fulfill obligations under this Agreement and agree on measures to resolve them.
Unless otherwise specified in this Offer, the standard contractual terms established by the legislation shall apply.
The invalidity of any provision or clause of this Agreement or its annexes does not affect the validity of the remaining provisions and terms of the Agreement.
The Contractor reserves the right to unilaterally amend this Agreement at any time.
All amendments to this Agreement will be published on the Contractor’s Website.
All amendments to this Agreement shall become effective from the moment they are published on the Contractor’s Website.
If you have any questions about this Privacy Policy, You can contact us:
- By email: support@chicupdate.com