PUBLIC OFFER
1. GENERAL PROVISIONS
1.1. This Public Offer (hereinafter referred to as the “Offer”) is an offer by the Limited Liability Company “FINE DIGITAL AGENCY”, a legal entity registered in accordance with the legislation of Ukraine, identification code: 43674473 (hereinafter referred to as the “Company”), to enter into a contract for the provision of services on the terms, which are set forth in this Offer, as well as in the Rules for using the my-gin.com.ua Website and the My Gin Mobile Application and the Privacy Policy, which are an integral part of this Offer. The specified offer is addressed to each person who will give his consent to accept the terms of the Offer in the manner specified by this Offer.
1.2. The offer is published on the Company’s website my-gin.com.ua and its corresponding version is valid from the moment of its publication on the website.
1.3. The offer is a document placed in public access on the Internet, which contains the essential terms of the contract. The conclusion of this contract does not depend on the presence of an electronic signature in such a document.
2. DEFINITION OF CONCEPTS
2.1. The company is “FINE DIGITAL AGENCY” LLC, including company representatives and persons authorized by the company to manage the Site and Mobile Application.
2.2. The site is an online service of my-gin.com.ua, located on the Internet at the link: https://my-gin.com.ua/.
2.3. Mobile application – software called My Gin, designed for use on mobile devices, which performs the functions of providing Users with access to the Company’s Products and Service. The mobile application can be installed on the User’s device through Google Play for Android or the App Store for iOS.
2.4. The Company’s products are any components that support the operation of the Site and the Mobile application, as well as ensure the provision of the Service.
2.5. Service – a set of services that the Company provides to Users in accordance with this Offer, including providing access to the Mobile application and the possibility of using the functionality of the Mobile application.
2.6. Account – the User’s electronic cabinet (account) in the Mobile application system, which contains personal data, personal settings of the User, and provides full access to the use of the Company’s Products and Service.
2.7. The User is any legally capable natural person who has given his consent to accept the terms of the Offer, in the manner specified by this Offer, and uses the Company’s Products and Service. Depending on the personally selected type of Service, the User can act either as a Customer or as a Contractor.
2.8. Customer – a User who has completed the registration (authorization) procedure in the Mobile Application and uses the Company’s Products and Service for the purpose of finding persons who can provide the necessary service/services to such User.
2.9. Performer – a User who has completed the registration (authorization) procedure in the Mobile Application and uses the Company’s Products and Service to offer their own services to other Users.
2.10. Rules of use – a document developed by the Company entitled “Rules of use of the my-gin.com.ua Website and the My Gin Mobile application”, which is an integral part of the Offer and is available at the link: https://my-gin.com.ua/en/terms.
2.11. Privacy Policy – a document developed by the Company, which is an integral part of the Offer and is available at the following link: https://my-gin.com.ua/en/privacy-policy.
3. PROCEDURE FOR GIVING CONSENT TO ACCEPTING THE TERMS OF THE OFFER
3.1. Any use of the Site and/or Mobile application by the User is a full and unconditional response by such User to acceptance (acceptance) of the terms of the Offer.
The specified actions of the User confirm the achievement of agreement on all essential terms of the contract (Offer) and the conclusion of the contract in accordance with Art. 638 of the Civil Code of Ukraine.
3.2. The fact of any interaction with the Site and/or the Mobile application is the acceptance of the Offer and confirms that the User is familiar with the Offer, understands its content and fully accepts the conditions set forth in the Offer without any comments.
3.3. The User who, according to the terms of this Offer, is considered to have accepted the offer to conclude the Offer, may withdraw his response to its acceptance by immediately ceasing the use of the Company’s Products and the Service, as well as any interaction with the Site and/or the Mobile Application.
4. SUBJECT OF THE OFFER
4.1. According to the terms of this Offer, the Company provides Users with services in the form of providing access to the Site and the Mobile Application via the Internet, which allows Users to use the functionality of the Mobile Application in the manner established by the Offer, and the User undertakes to accept and, in the cases provided for by the Offer, to pay such services.
4.2. The ownership of the Service and the domain my-gin.com.ua belongs to the Company ???.
5. RIGHTS AND OBLIGATIONS OF THE COMPANY
5.1. The Company undertakes to provide the User with access to the Mobile application and the Service, in accordance with the terms of this Offer.
5.2. The Company has the right to receive payment for access to the Mobile Application and the Service, in the cases provided for by this Offer and the documents that are an integral part of it.
5.3. The Company has the right to deny access to the Mobile Application and the Service if there are grounds stipulated by the Offer and the documents that are an integral part of it.
5.4. The Company has the right, at its discretion, to change or delete any information published on the Site and/or in the Mobile Application.
5.5. The Company has the right to make changes to the terms of this Offer, subject to the mandatory and immediate publication of such changes on the Site.
5.6. The Company has the right to verify the content of Accounts, advertisements and offers published in the Mobile Application by Users. In case of detection of violations of the law or this Offer, the Company has the right to delete publications in which a specific violation was committed.
5.7. The Company has the right to place advertising and other messages from third-party services in any sections of the Site and Mobile application without prior agreement with the User.
5.8. The Company has the right to send Users messages, including electronic ones, containing organizational and technical, informational or other information about the Mobile Application and the Service.
5.9. The Company guarantees that it will not use the User’s credentials obtained during registration for purposes not provided for by this Offer, and undertakes not to disclose these data, except in cases where this is provided for by the legislation of Ukraine.
5.10. The Company is obliged to provide the User with the opportunity to receive advice from the technical support service via chat and/or e-mail, provided that the User provides his/her surname, first name and contact information. The scope of consultations is limited to issues related to the provision of the Service.
5.11. The Company may have other rights and obligations provided for by applicable law.
6. RIGHTS AND OBLIGATIONS OF THE USER
6.1. The User undertakes to comply with the terms of this Offer and, in the cases stipulated by the Offer, to pay for the services provided to him in a timely manner in accordance with the procedure established by the Offer.
6.2. The User undertakes to use the Service exclusively in compliance with the current legislation of Ukraine and not to violate the rights and legitimate interests of the Company.
6.3. The user confirms that he is fully capable and has not been placed under guardianship in any form.
6.4. The user undertakes to independently and regularly familiarize himself with the text of the Offer, the Terms of Use and the Privacy Policy.
6.5. The User undertakes not to take actions that disrupt the normal operation of the Site and/or Mobile Application, including not to use any methods to access, copy or track the content of the Site and/or Mobile Application.
6.6. The User undertakes not to take actions aimed at unauthorized access to the Accounts of other Users, in particular by choosing a login and password, hacking or other illegal actions.
6.7. The User undertakes to independently, without any involvement of the Company, regulate his contractual relations with the Users chosen by him, including independently bearing the risk for any consequences of interaction with other Users.
6.8. The User has the right to unimpeded access to the Site, Mobile Application and own Account, provided that the Offer is observed and there are no temporary technical failures in the Service.
6.9. The User has the right to place in the Mobile Application only the material (content) to which he owns the rights, which does not violate the rights of third parties, including copyrights or other intellectual property rights, and is not in any way harmful, threatening, such that violates ethical and moral norms of behavior, promotes discrimination of other persons on racial, ethnic, sexual, social grounds.
6.10. The User has the right to contact the Company’s technical support service on issues related to the Service and the functioning of the Mobile Application, providing his contact details.
6.11. The User has the right to notify the Company of any violations by other Users of this Offer by contacting the support service in any convenient and available way provided on the Site and in the Mobile Application.
6.12. The user may have other rights and obligations stipulated by the current legislation.
7. SETTLEMENT PROCEDURE BETWEEN THE COMPANY AND THE USER
7.1. The Service may be available to the authorized User free of charge. If the User wishes to use additional services of the Company, the User has the right to issue a paid VIP subscription, which is provided for in Section 6 of the Rules of Use, at his own request.
7.2. The cost of a paid VIP subscription, the terms of its provision and the period of validity are determined in the Mobile application and are available for review before signing such a subscription.
7.3. By purchasing any paid Service, the User agrees to pay all fees or charges from his Account in accordance with the terms in effect at the time of payment.
7.4. The Company does not collect the User’s payment information. Payment for Services is made through Google services for Users of the Android operating system, and through Apple services for Users of the iOS operating system.
The use of the details specified by the User is regulated by the agreement with the payment service provider, and the User agrees that he should refer to the agreement with the payment service provider, and not to the terms of the Offer, to learn about his rights and obligations.
7.5. At the end of each subscription period, the paid VIP subscription will automatically renew for an additional period at the current subscription price, unless the User cancels the subscription or declines the renewal before the start date of the new period. The user can cancel the subscription in any convenient way for him, specified during the initial purchase.
The User agrees that payment for the VIP subscription will be automatically debited from the User’s account at the time of registration of the VIP subscription and at the beginning of each subsequent subscription period.
If timely payment for the VIP subscription cannot be collected for any reason, the Company has the right to immediately and without prior notice suspend or stop providing additional features of the Service to the User.
7.6. As a general rule, the refund of funds paid by the User for a paid VIP subscription is possible only in cases of technical failures or errors on the part of the Mobile Application Service. The User has the right to apply for a refund to the support service of the Site and the Mobile Application using the contact information available in this Offer and on the Site. On the basis of the User’s appeal, the Company studies the situation and makes a decision on the possibility of a refund. The Company has the right to refuse a refund if there are no proper grounds for this, the Service was provided to the User properly and there were no violations by the Company.
8. RESPONSIBILITY OF THE PARTIES
8.1. The Company and the User are responsible for the violation of the terms of the Offer, in accordance with the procedure established by the current legislation of Ukraine.
8.2. The Company is not a party to any agreement concluded between the Contractor and the Customer, including if such an agreement was reached through interaction using the Service. The company does not perform services on orders of Contractors, is not the Contractor’s employer, and bears no responsibility to the Customer for the Contractor’s work. The Company’s services consist only in the provision of the Service, with the help of which the Customer and the Contractor have the opportunity to interact in order to receive/provide services of a certain category.
8.3. The Company is not responsible for the content of information transmitted or received by Users through the Mobile Application and for direct or indirect damages, including loss of profit, loss of data, damage to honor, dignity or business reputation, any damage received or caused as a result of interaction between Users.
8.4. The Company does not guarantee the relevance, reliability and safety of information offered by some Users to other Users, as well as compensation for damages from the consequences of Users’ interaction.
8.5. The Company is not responsible for any possible negative consequences for the User that occurred as a result of blocking his access to the Mobile application, if the Company had proper grounds for such blocking.
8.6. The Company is not responsible for unauthorized access to the User’s Account by third parties, technical failures of the Site and/or the Mobile Application, if such access was obtained or failures occurred through no fault of the Company, including if the operation of the Site and/or the Mobile Application is disrupted, in due to interruptions in the work of the Internet.
8.7. The Company shall not be liable to the User for the limitation or termination of access to the Service, if such limitations or termination occurred due to force majeure circumstances (circumstances of force majeure), which the parties could not influence and which are provided for by current legislation. Such circumstances include extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated in the Offer.
8.8. The Company is not responsible for any damage to the electronic devices of the User or third parties, as well as other equipment or software, caused or related to the use of the Service.
9. INTELLECTUAL PROPERTY
9.1. All Company Products contained on the Site and/or in the Mobile Application are subject to the intellectual property rights of their legal owners. Such Company Products are protected by the legislation of Ukraine on intellectual property, in particular the Law of Ukraine “On Copyright and Related Rights”, as well as by international legal agreements and conventions that regulate these issues.
9.2. The Company does not claim the intellectual property of the Users, which may be published through the Mobile Application, and is not responsible for the use by one User of the intellectual property of another User.
9.3. Any User acknowledges that he is fully responsible for any content (information) that such User uploads or otherwise makes available (publishes) on or through the Mobile Application. The User has no right to download, transmit or publish content (information) if the User is not its author and does not have permission from the copyright holder to post it.
9.4. In the case of receiving claims from third parties related to the posting of certain content (information) in the Mobile application by a certain User, both to the Company’s address and to the User’s address, the User independently and at his own expense settles the specified claims. In this case, the Company has the right to inform the person who sent the claim the contact details of the relevant User who posted the content (information) to which the specific claim relates.
9.5. Copyright on the basic software code for providing the Service belongs to the Company and is protected by law.
9.6. The User has the right to contact the Company at the contacts specified in the Offer and on the Site, if such User has any notification of an alleged violation or a request to remove published information that is intellectual property.
9.7. The Company undertakes to consider all claims of copyright infringement received by the Company and to remove any content (information) that, in the opinion of the Company’s representatives, has been published or distributed in violation of copyright protection laws.
10. ADVERTISING
10.1. The Site and Mobile Application may contain links to websites, mobile applications and/or services of third parties (hereinafter referred to as Third Party Resources), such as advertisers, sponsors, etc. The Company has the right to display advertisements on the Site and in the Mobile Application.
10.2. The Company does not control the content of Third-Party Resources and is not responsible for their content, as well as for any losses or damages incurred by the User as a result of clicking on links to Third-Party Resources.
10.3. The User agrees that he accesses any of the Third-Party resources to which there are links on the Site and the Mobile Application, solely at his own risk and in accordance with the terms of use developed by such resources. The Company is not involved and is not a party to any interactions, agreements between the User and Third-Party Resources.
10.4. The Company does not guarantee the accuracy of information provided by Third-Party Resources, and does not express agreement with the views or opinions expressed by third parties using Third-Party Resources.
11. PROCEDURE FOR ACCEPTING CLAIMS
11.1. The User, who believes that his rights and legitimate interests have been violated by the Company, has the right to send a claim with properly substantiated requirements in writing to the Company’s e-mail, which is located in the appropriate section of the Site and at the end of this Offer.
11.2. Any claim of the User must relate to the relationship between the Company and the User. The Company is not obliged to consider claims regarding the actions of third parties.
11.3. The claim must contain a direct reference to the item of the Offer that the User considers to be violated, the User’s signature and the email address to which the Company should send a response.
11.4. The Company has the right not to consider a claim that is made in violation of the requirements of this section, and is not obliged to provide a response to such a claim.
11.5. The Company is obliged to consider the claim received from the User and provide an answer with justification of its own position and proposals for actions within a reasonable time.
12. CHANGES AND ADDITIONS TO THE OFFER. TERMINATION OF THE OFFER
12.1. The Company has the right to review and change the terms of the Offer at any time at its own discretion without prior notice to the User.
12.2. Amendments or additions to the Offer are considered to have come into effect from the moment the new version of the Offer with such changes or additions is posted on the Company’s Website. By continuing to use the Company’s Products and Service, the User agrees to the current version of the Offer. If the User does not agree with the Offer, the User has the right not to use the Company’s Products and Service.
12.3. Termination of the Offer is done in the same form as the concluded Offer, in accordance with Art. 654 of the Civil Code of Ukraine. The User has the right to delete the Account and remove the Mobile Application from his device at any time, which will be considered a complete termination of the Offer with the Company. At the same time, the User undertakes to fulfill all obligations incurred by the User before the termination of the Offer.
13. VALIDITY PERIOD OF THE OFFER
13.1. The Offer remains valid for the duration of any interaction of the User with the Site, Mobile Application and use of the Service, including all published changes to the terms of the Offer and documents that are an integral part of the Offer.
14. OTHER PROVISIONS
14.1 Class Action Waiver. The User agrees to consider all disputes with the Company only on an individual basis and waives the right to file or participate in class actions.
14.2. Force majeure circumstances. The Company shall not be liable for any delays or defaults caused by circumstances beyond the Company’s control, such as natural disasters, wars, acts of terrorism, civil unrest, embargoes, pandemics, epidemics, acts of civil or military authorities, fires , floods, accidents, strikes or shortages of vehicles, fuel, energy, labor or materials, etc.
14.3. Invalid provisions. The User has the right to contact the Company with a notification of the discovery of an item in the Offer that contradicts the current legislation, using the contact information provided in the Offer and in the relevant section of the Site. If the Company makes a decision about the validity of the message received, such item will be immediately changed or removed.
If any provision of the Offer is held invalid for any reason, the remaining provisions will remain in effect.
14.4. Applicable law. All legal relations arising under this Offer are governed by the current legislation of Ukraine.
15. FEEDBACK AND INTERACTION
15.1. The Company undertakes to provide feedback to Users. The User has the right to contact the Company with questions and proposals using the contact details posted on the Site and at the end of this Offer. The Company provides an answer, provided that the User leaves contact data to receive such an answer.
“FINE DIGITAL AGENCY” Limited Liability Company,
identification code: 43674473,
address: Ukraine, 03083, Kyiv city, Levitana lane, building 4, room 1 A
phone: +380 68 130 5555
e-mail: support@my-gin.com.ua
Date of publication of the current version of the Offer: 09/03/2024.