USER AGREEMENT

SOLE PROPRIETOR VUSYK ARTEM OLEKSANDROVYCH, acting on the basis of state registration of a business entity (registration date and number in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations: registration date 11.09.2018, registration number 2 480 000 0000 213563) (hereinafter referred to as the "Executor"), pursuant to Article 633 of the Civil Code of Ukraine, offers an indefinite number of individuals (hereinafter referred to as "Buyers") to enter into this Public Offer Agreement (hereinafter referred to as the "Agreement") for the purpose of searching for and/or purchasing tickets on the website https://nafta.theater (hereinafter referred to as the "Website") under the following terms and conditions:
I. TERMS AND DEFINITIONS
For the purposes of this document, the following terms shall have the meanings specified below, used equally in the singular and plural (unless otherwise implied by the content of the term or definition):1.1. Cancellation – the removal of tickets from an Order, resulting in their automatic return to open sale. An unpaid Order during the Reservation Period is automatically canceled at the end of the Reservation Period (unless otherwise provided by additional information on the Website).1.2. Reservation – an Order created and placed on hold for payment by the Buyer.1.3. Executor – Sole Proprietor Vusyk Artem Oleksandrovych, authorized to organize and conduct Events, responsible for the sale of tickets to Buyers and carrying out ticket distribution activities via the Website.1.4. Electronic Ticket (Ticket) – a document generated by the Website in electronic form, confirming the Buyer's right to attend the Event. It contains a barcode, order number, event details (name, date, time, venue), the ticket price, service fee, and other legal or technical information.1.5. Order – one or more Tickets for a single Event selected by the Buyer on the Website and assigned a unique identification number.1.6. Event – a cultural or entertainment event, including but not limited to theater performances, circus shows, concerts, exhibitions, film screenings, festivals, shows, fashion shows, sports competitions, excursions, or any other event that requires a Ticket or Electronic Ticket for admission.1.7. Offer – this Agreement for the sale of tickets to cultural and entertainment events (Public Offer Agreement for the Sale of Tickets to Cultural and Entertainment Events by Sole Proprietor Vusyk A.O.), published at https://nafta.theater.1.8. Reservation Period – the period from the moment the Order is placed until payment is made, determined separately for each Event, during which Tickets included in the Order are unavailable to others except the Buyer of that Order.1.9. Buyer – an individual or legal entity using services for booking, ordering, and purchasing Tickets under the terms of this Offer.1.10. Payment Card – an electronic payment instrument issued in accordance with applicable law, used to initiate the transfer of funds from the Buyer's account or a corresponding bank account to pay for goods and services, withdraw cash, or perform other operations provided by the respective agreement.1.11. Payment System – a bank, payment system participant, or payment infrastructure service operator that, under a contractual agreement with the Executor, ensures the acceptance and transfer of payments using Buyers' payment card details for the sale of Electronic Tickets.1.12. Website – a publicly accessible online resource located at https://nafta.theater, which includes all its functional features, pages, and graphics, intended for searching Events, reserving and purchasing electronic tickets, and receiving other related services.1.13. Service Fee – an additional fee charged to the Buyer for the reservation and ticket processing services provided by the Executor, which is inseparable from the ticket sale process via the payment system Wayforpay.1.14. Parties – the Parties to this Public Offer Agreement are the Executor and the Buyer.
II. GENERAL PROVISIONS
2.1. This Offer regulates the terms and procedure for ticket sales, as well as the rights and obligations arising in connection with this between the Executor and the Buyer.2.2. Tickets are sold to the Buyer exclusively on the terms of this Offer and only upon full and unconditional acceptance of its terms by the Buyer (Offer Acceptance). Partial acceptance or acceptance on other terms is not allowed.2.3. If the Buyer does not fully accept the terms of this Offer, ticket sales will not be carried out. Purchased tickets cannot be returned, including in cases where the Buyer refuses based on disagreement with the terms of this Offer after its acceptance and ticket payment. Refunds for purchased tickets are possible only in the manner and under the conditions set forth in this Offer.2.4. The Executor reserves the right to amend this Offer, with any changes published promptly and made publicly available on the Website. The Buyer's use of the Executor's services after changes have been made to the Offer indicates acceptance of the Offer as amended.2.5. The Executor has the right to terminate this Offer at any time without prior notice to the Buyer in case of a violation of the terms of this Offer or other rules by the Buyer.2.6. This Offer becomes effective from the date of its publication on the Executor's Website (https://nafta.theater) and remains valid indefinitely until its cancellation (withdrawal) in accordance with applicable law.
III. SUBJECT OF THE AGREEMENT
3.1. The subject of this Offer is the provision of services to the Buyer for booking, processing, and selling Electronic Tickets for Events in the manner and under the conditions specified in this Offer (hereinafter referred to as the "Services").3.2. The Buyer may act within the framework of the Agreement on their own behalf and for their benefit and/or on behalf of and for the benefit of a third party. In the latter case, the Buyer acts strictly within the authority granted by the third party.3.3. According to the provisions of the Law of Ukraine "On Personal Data Protection" No. 2297–VI dated 01.06.2010, the Buyer acknowledges and agrees to provide the Contractor with their personal data and, likewise, the personal data of third parties specified by the Buyer, obtained by the Contractor in the process of issuing and selling an Electronic Ticket (Order), namely: surname, first name, patronymic, date of birth, gender, contact phone number, city, email address, and other personal data necessary for the fulfillment of this Agreement. The collection, processing, and storage of the Buyer's personal data are carried out in accordance with current Ukrainian legislation. The Buyer grants the Contractor the right to process their personal data in connection with the provision of Services specified in this Offer, including for the purpose of receiving advertising notifications about Events from the Contractor in the future. The Buyer authorizes the Contractor to send promotional messages and mailings via SMS, email, or any messengers.Since the collection, processing, and storage of the Buyer's personal data are carried out in connection with the performance of this Agreement, no additional written or other form of consent from the Buyer for the processing of their personal data is required. The term for collecting, processing, storing, and using the provided personal data is indefinite. The Buyer agrees and is responsible for the accuracy of the data specified in the Order, which is voluntarily provided by the Buyer and third parties when purchasing the Ticket. All such individuals are considered informed and agree with the terms of this Offer.
IV. ACCEPTANCE OF THE AGREEMENT
4.1. This Offer is considered the primary document governing the official relationship between the Buyer and the Contractor for the purchase and sale of Tickets. The Buyer's acceptance of this Offer is performed by following the actions specified in Clause 4.3. of this Offer (Acceptance of the Offer). Acceptance of this Offer by the Buyer is voluntary and is equivalent to signing a written contract (Part 2, Article 642 of the Civil Code of Ukraine).4.2. Prior to accepting the Offer, the Buyer must ensure that they understand all terms of this Offer and accept them unconditionally and in full.4.3. The Buyer's acceptance of this Offer is performed by consecutively completing the following actions:a) visiting the Contractor's website;b) selecting a specific Event and ticket from the available options at the time of the Buyer's visit;c) reviewing all terms of this Offer;d) reviewing the age restrictions for specific Events (if any);e) booking the Ticket and/or making payment as specified in this Offer.4.4. After completing all the actions listed in Clause 4.3., the Buyer must pay for the Order within the timeframes specified by the payment rules for the respective Event.4.5. After payment, the Buyer must either print the Electronic Ticket or save it on their device (mobile phone or other technical device) for subsequent presentation at the Event.4.6. According to Clause 4.5., the Buyer may receive the Electronic Ticket via email at the address specified by the Buyer. The Ticket is sent only after the full payment for the Ticket and the Service Fee is completed in accordance with the terms defined on the Site.
V. PAYMENT PROCEDURE
5.1. The Buyer may pay for Tickets using any of the methods offered by the Contractor, as described on the Contractor's website.5.2. The payment is considered completed once the funds are credited to the Contractor’s bank account.5.3. When paying for the Order with a bank card on the Contractor's website, the Buyer must use a card issued in their own name. If this condition is not met, the Buyer bears full legal responsibility for the payment and any actions taken with the card or payment system of a third party. The Contractor is not liable for any decisions, actions, or inactions of the Buyer.5.4. The Electronic Ticket can be received by the Buyer only if the Order is created independently by the Buyer or their authorized representative on the Contractor's website and paid for using a bank card or other cashless payment method as specified on the Contractor’s website.5.5. After payment for the Order under Clause 5.2., the Order is considered sold, and the Buyer is granted the right to access the Event.5.6. If the Order is not paid within the Booking Period, it is considered unsold and will be canceled.
VI. RETURN OF TICKETS
6.1. According to Section X of the Instruction on Ticket Management in Theatre and Entertainment Enterprises and Cultural and Educational Institutions, approved by the Order of the Ministry of Justice of Ukraine dated 07.07.1999, No. 452, in case of cancellation, postponement, or change of an Event, visitors (spectators, listeners) have the right to return previously purchased tickets. Refunds to visitors (spectators, listeners) are made by the Event organizers upon presentation of an identification document (passport, military ID, student ID, driver’s license, official ID).6.2. There are no other grounds for returning previously purchased tickets except in cases of cancellation, postponement, or change of the Event.6.3. Service fee refunds are not provided.6.4. The Buyer confirms and agrees that the procedure and grounds for ticket refunds have been fully communicated, are known, understood, and accepted by the Buyer.
VII. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Buyer has the right to:7.1.1. Independently obtain information from other open sources regarding the price of Electronic Tickets for Events and service fees of other official ticket operators when deciding to purchase tickets from the Contractor.7.1.2. Receive information about ticket sale rules and other information regarding Events, which the Contractor has, through the Internet or by other means indicated on the Contractor’s Website.7.1.3. Choose the method of payment for the Electronic Ticket from the options offered by the Contractor on the Website.7.1.4. At their discretion, purchase an Electronic Ticket for the Event.
7.2. The Buyer is obliged to:7.2.1. Familiarize themselves in detail with all rules for purchasing Electronic Tickets and the terms of this Offer and accept them as prescribed by this Offer when purchasing an Electronic Ticket, as well as all additional rules governing the Parties' relations under this Offer.7.2.2. Provide accurate, true, and complete information about themselves when placing an Order. The Buyer declares full responsibility for the data provided to the Contractor. The Buyer confirms and agrees that they will not have any claims against the Contractor for incorrect information provided during the Order placement if they did not ensure its accuracy.7.2.3. Pay in full for the Order before placing the next one.7.3. The Contractor has the right to:7.3.1. Require full compliance from the Buyer with the procedure for placing/paying for the Order according to the rules set out in this Offer.7.3.2. Refuse to sell the Buyer an Electronic Ticket if the Buyer refuses to accept this Offer on the specified terms.7.3.3. Require full payment for the Electronic Ticket before selling it to the Buyer.7.3.4. Cancel the Order if it is not paid within the Reservation Period. A canceled Order cannot be restored for repeated payment, except by creating a new Order by the Buyer.7.3.5. Refuse to provide services to the Buyer in the future if the Buyer violates any terms of the Offer.7.4. The Contractor is obliged to:7.4.1. Provide the Buyer with:Necessary information about specific Events;Information on the dates, place, and time of refund for purchased Electronic Tickets in case of cancellation/replacement/postponement of the Event;Instructions for ordering/paying for/receiving an Electronic Ticket. Sufficient information is considered that which is published on the Contractor's Website.7.4.2. Comply with the rules for collecting, processing, and using the Buyer's personal data established by applicable law and this Offer.7.4.3. Send the Electronic Ticket to the Buyer's email address provided during the Order placement.
VIII. LIABILITY OF THE PARTIES
8.1. In case of breach of their obligations under this Agreement, the Parties shall be liable as stipulated by this Agreement and applicable law. Breach of obligation means its non-performance or improper performance, i.e., performance that violates the terms defined by the obligation.8.2. The Parties shall not be liable for failure to fulfill their obligations under this Agreement if it occurred through no fault of their own. A Party shall be deemed not at fault if it proves that it has taken all measures dependent on it for the proper fulfillment of the obligation. In case of non-performance or improper performance of their obligations, the Party must officially notify the other Party within three days from the moment such circumstances are discovered.
IX. DISPUTE RESOLUTION
9.1. If a dispute cannot be resolved through negotiations, it shall be settled in court according to the jurisdiction and competence established by the applicable legislation of Ukraine.
X. FORCE MAJEURE
10.1. The Parties agree that if a Party is unable to fulfill (properly fulfill) its obligations under this Agreement due to extraordinary and unavoidable circumstances (force majeure), such as floods, earthquakes, high water, fires, sabotage, military actions, epidemics, pandemics, quarantine, a state of emergency, or other force majeure events that may occur in Ukraine, including unforeseen political actions, ecological disasters, military actions (including combat or training operations), strikes, national and migration disturbances, decisions of government authorities, changes in national legislation, criminal acts of third parties against the Parties after the conclusion of this Agreement, the affected Party shall be exempt from liability for such non-performance (improper performance) of obligations under the Agreement.10.2. Proper evidence of the existence of force majeure circumstances for a Party shall be considered certificates issued by the regional Chamber of Commerce and Industry (at the location of the Party affected by such circumstances).10.3. The insolvency of the Buyer shall not be considered a force majeure circumstance.
XI. ANTI-CORRUPTION CLAUSE
The Parties certify and guarantee to each other that as of the moment of signing this Agreement: • The Parties are not subject to economic sanctions*; • The Parties do not cooperate with or have control relations with persons subject to sanctions; • The Parties do not cooperate with citizens, dual nationals, stateless persons, foreign individuals, or legal entities, whether residents or non-residents, regardless of ownership or affiliation, who collaborate with the aggressor state, occupational administrations, publicly deny or support the armed aggression of the Russian Federation against Ukraine, the establishment and consolidation of the temporary occupation of a part of Ukraine’s territory, or who have not suspended or ceased their economic (including business) activities in the Russian Federation during the martial law period in Ukraine imposed due to the armed aggression of the Russian Federation against Ukraine.The Parties fully accept responsibility for ensuring compliance with the guarantees and requirements of this section of the Agreement and undertake to provide permits from authorized official bodies in the event of conducting operations with persons subject to legislative restrictions.The Parties agree to execute this Agreement and conduct related activities in accordance with the highest standards of business ethics and a zero-tolerance policy for fraud, bribery, and corruption: • The Parties undertake to comply with and ensure compliance with all standards and principles of anti-corruption policy and applicable laws, including anti-corruption, anti-bribery, anti-money laundering, and economic sanctions laws (hereinafter referred to as “Anti-Corruption Laws”) by their Personnel**, as well as by branches or representative offices and the personnel of such branches or representative offices. • The Parties undertake to ensure the absence of conflicts of interest (real or potential) when entering into and during the term of this Agreement and to notify the other Party immediately of the existence or potential emergence of a conflict of interest as soon as they become aware of it. • The Parties confirm and guarantee that neither their Personnel (if any) nor their related persons are government officials or employees of the government apparatus of the respective country, or any governmental service or department; nor are they persons officially employed by the government, close relatives of any of the aforementioned persons, and they undertake to notify the other Party immediately should this fact arise.The Parties (including their Personnel, if any) undertake not to offer, give, promise, or agree to provide to representatives of the other Party or their close persons, directly or indirectly, any funds or other property, benefits, privileges, services, intangible assets, or other advantages that are promised, offered, provided, or received without a legal basis (“improper advantage”) for the purpose of obtaining, performing, or encouraging improper or unjustified benefits for themselves.The Parties shall not use funds or property received under this Agreement for financing or supporting any activity that may violate Anti-Corruption Laws.In the event of a breach by a Party (including its employees, officers, etc.) of its obligations, representations, guarantees, or duties specified in this section of the Agreement, the other Party has the right to unilaterally terminate this Agreement with prior written notice and claim compensation for any damages caused by such a breach.Sanctions * – Sanctions imposed by the United Nations Security Council, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce’s Bureau of Industry and Security, the U.S. Department of State, the European Union, Ukraine, the United Kingdom, or any other country or organization whose decisions and acts are legally binding.Personnel ** – Employees or officers of a Party to the Agreement, as well as any individuals working for the Party or acting on its behalf (e.g., agents, brokers, distributors, subcontractors, joint venture participants).
XII. CONFIDENTIALITY, USE OF PERSONAL DATA, COPYRIGHT
12.1. All materials (textual information, graphic images, etc.) published on the Website are the intellectual property of the Contractor.12.2. By purchasing an Electronic Ticket for the Event through the Website, the Buyer confirms their full legal capacity and consents to the processing of their personal data.12.3. The Buyer agrees and confirms that the data provided during the purchase of the Electronic Ticket is accurate, and the Buyer has the right to provide this information for further processing, storage, and use, including but not limited to: • transferring it to a third party associated with this Agreement or for its full execution; • providing the Buyer with additional information regarding the order fulfillment or changes to its conditions; • further processing of the Buyer’s orders; • sending advertising messages to the Buyer in the manner specified in this Offer, even after the full execution of the Order and this Agreement.12.4. The Contractor undertakes not to use the Buyer’s personal data for distributing materials unrelated to the services provided by the Contractor, not to disclose personal data to third parties unless required for the execution of this Agreement, and not to use it for purposes other than those specified in this Offer.12.5. The Buyer confirms their agreement and accepts full responsibility for the confidential information provided for storage, processing, and use.12.6. Personal data obtained by the Contractor as a result of the Buyer’s orders through the Website shall be stored in compliance with applicable law.12.7. The Contractor reserves the right to use and disclose information about the Buyer or their orders, while ensuring confidentiality, in accordance with applicable law.
XIII. TERM OF THE AGREEMENT
13.1. This Offer becomes effective from the date it is posted on the Contractor’s website (https://nafta.theater) and remains valid indefinitely. This provision also applies to any amendments or updates to this Offer.13.2. The Agreement is considered concluded from the moment the Buyer accepts the Offer in the manner specified in clause 4.3 and/or by checking the box “I agree with the Public Offer Agreement” or clicking the “Proceed to Payment” button, and remains in effect until the Parties fully fulfill their obligations under this Agreement.

XIV. OTHER CONDITIONS
The relations between the Parties that are not regulated by this Agreement shall be governed by the current legislation of Ukraine.The Parties confirm that this Agreement is not a fictitious or sham transaction, and their declarations of intent in entering into this Agreement are free and correspond to their internal will. The Agreement is aimed at the actual occurrence of the legal consequences stipulated by it and is not concluded due to error, fraud, coercion, malicious agreement between the Parties’ representatives, or under the influence of difficult circumstances.The Parties confirm that they have reached an agreement on all essential terms of this Agreement, and neither Party shall refer to the lack of agreement on essential terms as a basis for declaring this Agreement invalid or not concluded.
XV. LOCATION AND DETAILS OF THE CONTRACTOR
SOLE PROPRIETOR VUSYK ARTEM OLEKSANDROVYCHIdentification number: 3226807275Passport series MH No. 689778, issued by the Moskovskyi District Department of Kharkiv Main Directorate of the Ministry of Internal Affairs of Ukraine, date of issue: June 23, 2004Address: 59, Hvardiitsiv-Shyronintsiv Street, Apt. 37, Kharkiv, UkraineIBAN: UA033515330000026001035908753Bank: JSC CB “PRIVATBANK”Bank code (MFO): 351533Bank EDRPOU code: 14360570

Nafta Theatre

OUR ADDRESS

21/23, Chornoglazivska Street, Kharkiv

TICKETS BOOKING

+380 50 509 3435

E-MAIL

moc.liamg%40tfen.ertaeht

Illustration

Our activities are supported by the European Endowment for Democracy (EED). Its contents do not necessarily reflect the official position of the EED. The information or views expressed in this material are the sole responsibility of the authors.





All rights Reserved

Nafta Theatre

OUR ADDRESS

21/23, Chornoglazivska Street, Kharkiv

TICKETS BOOKING

+380 50 509 3435

E-MAIL

moc.liamg%40tfen.ertaeht

Illustration

Our activities are supported by the European Endowment for Democracy (EED). Its contents do not necessarily reflect the official position of the EED. The information or views expressed in this material are the sole responsibility of the authors.





All rights Reserved