PUBLIC AGREEMENT (OFFER)
for ordering and sale of services

This Agreement is the official and public offer of the Seller to conclude a contract for the sale of Services presented on the website https://panel.mapsfun.com/. This Agreement is public, i.e., in accordance with Article 633 of the Civil Code of Ukraine, its terms are identical for all buyers, regardless of their status (individual, legal entity, sole proprietor), and no buyer is given preference over another. By entering into this Agreement, the Buyer fully accepts the terms and procedure for placing an order, paying for the Service, receiving refunds, liability for improper orders, and all other conditions of this Agreement. The Agreement is deemed concluded from the moment the Buyer clicks the “Confirm Order” button on the checkout page in the “Cart” section and receives an electronic order confirmation from the Seller.

1. Definitions

1.1. Public offer (hereinafter — the “Offer”) — a public proposal of the Seller addressed to an indefinite number of persons to conclude with the Seller a distance contract for the sale of services (hereinafter — the “Agreement”) under the terms set out in this Offer.

1.2. Service — the subject of the parties’ transaction selected by the Buyer on the Service website and placed in the cart or already purchased by the Buyer from the Seller remotely.

1.2. Service platform — the Seller’s website at https://panel.mapsfun.com/, created for the conclusion of retail and wholesale purchase and sale contracts based on the Buyer’s review of the Service descriptions offered by the Seller via the Internet.

1.3. Buyer — a legally capable individual over 18 years of age who receives information from the Seller, places an order for the purchase of a Service presented on the Service website for purposes not related to entrepreneurial activity, or a legal entity or sole proprietor.

1.4. Seller — sole proprietor (FOP) Tkachenko Iryna Serhiivna (individual tax number 3140913985), acting in accordance with the current legislation of Ukraine, whose registered address is: Ukraine, Dnipro, Sichovska Naberezhna St., building 15-A.

2. Subject of the Agreement

2.1. The Seller undertakes to provide the Buyer with the Service, and the Buyer undertakes to pay for and accept the Service under the terms of this Agreement.

2.2. The date of conclusion of the Offer Agreement (acceptance of the Offer) and the moment of full and unconditional acceptance by the Buyer of the terms of the Agreement is the date when the Buyer fills out the order form located on the Service website, provided that the Buyer receives an electronic order confirmation from the Seller. If necessary and at the Buyer’s request, the Agreement may additionally be executed in written form.

3. Placing an Order

3.1. The Buyer independently places an order on the website via the “Billing” form.

3.2. The Seller has the right to refuse to process and provide the order to the Buyer if the data provided by the Buyer during order placement is incomplete or raises doubts as to its validity.

 
3.3. When placing an order on the Service website, the Buyer undertakes to provide the following mandatory information required by the Seller to fulfil the order:

3.3.1. Buyer’s surname and first name;

3.3.2. contact phone number;

3.3.3. identification code for a legal entity or sole proprietor.

3.4. The name, subscription period and price of the Service selected by the Buyer are indicated in the Buyer’s Billing section on the Service website.

 
3.5. If either Party to the Agreement requires additional information, that Party has the right to request it from the other Party. If the Buyer fails to provide the necessary information, the Seller shall not be liable for the quality of the Service provided to the Buyer upon subscription to the Service.

 
3.6. When placing an order through the Seller’s operator (clause 3.1 of this Offer), the Buyer undertakes to provide the information specified in clauses 3.3 – 3.4 of this Offer.

3.6. The Buyer’s acceptance of the terms of this Offer is carried out by entering the relevant data into the registration form on the Service website or when placing an Order through the operator. After placing an Order through the operator, the Buyer’s data is entered into the Seller’s database.

3.7. The Buyer is responsible for the accuracy of the information provided when placing the Order.

3.8. By concluding the Agreement, i.e. by accepting the terms of this Offer (the proposed conditions for purchasing the Service) by placing the Order, the Buyer confirms the following:

 
a) the Buyer is fully acquainted with and agrees with the terms of this Offer;

b) the Buyer grants consent to the collection, processing and transfer of personal data; such consent to the processing of personal data is valid for the entire term of the Agreement as well as for an unlimited period after its expiry. Furthermore, by concluding the Agreement, the Buyer confirms that they have been informed (without additional notification) of their rights under the Law of Ukraine “On Protection of Personal Data”, of the purposes of data collection, and that their personal data is transferred to the Seller in order to enable the fulfilment of this Agreement, settlement of mutual payments, and receipt of invoices, acts, and other documents. The Buyer also agrees that the Seller has the right to provide access and transfer the Buyer’s personal data to third parties without any additional notification to the Buyer, solely for the purpose of fulfilling the Buyer’s order. The scope of the Buyer’s rights as a personal data subject under the Law of Ukraine “On Protection of Personal Data” is known and understood to the Buyer.

4. Price of the Service

4.1. Prices for Services are determined by the Seller independently and are indicated on the Service website. All prices for Services on the website are indicated in Ukrainian hryvnias (UAH), inclusive of VAT.

4.2. Prices for Services may be changed by the Seller unilaterally depending on market conditions. At the same time, the price of a particular Service that has already been fully paid by the Buyer cannot be changed by the Seller unilaterally.

4.3. The cost of the Service indicated on the Service website does not include the cost of installing widgets on the Buyer’s website.

4.4. The Buyer’s obligations to pay for the Service are deemed fulfilled from the moment the funds are credited to the Seller’s bank account.

4.5. Settlements between the Seller and the Buyer for the Services are carried out using the methods specified on the Service website.

5. Rights and Obligations of the Parties

5.1. The Seller undertakes to:

5.1.1. Provide the Buyer with the Service in accordance with the terms of this Agreement and the Buyer’s order.

5.1.2. Not disclose any private information about the Buyer and not provide access to such information to third parties, except in cases provided for by law and in the course of fulfilling the Buyer’s Order.

5.2. The Seller has the right to:

5.2.1. Change the terms of this Agreement as well as the prices for Services unilaterally by publishing them on the Service website. All changes come into force from the moment of their publication.

5.3. The Buyer undertakes to:

5.3.1. Before concluding the Agreement, familiarize themselves with the content of the Agreement, the terms of the Agreement and the prices offered by the Seller on the Service website.

5.3.2. To enable the Seller to fulfil its obligations to the Buyer, provide all necessary data that clearly identify the Buyer and are sufficient for the provision of the ordered Service.

6. Refunds

6.1. The Buyer has the right to test the Service free of charge. If the Buyer activates a paid subscription, the funds for the paid subscription month are non-refundable.

6.2. The Buyer has the right to cancel the Service subscription at any time. In this case, the Service remains valid until the end of the paid period.

7. Liability

7.1. The Seller is not liable for any damage caused to the Buyer or third parties as a result of improper installation of the widget purchased from the Seller.

7.2. The Seller is not liable for improper or untimely fulfilment of Orders and obligations in cases where the Buyer has provided inaccurate or incorrect information.

7.3. The Seller and the Buyer are liable for the fulfilment of their obligations in accordance with the current legislation of Ukraine and the provisions of this Agreement.

7.4. The Seller or the Buyer shall be released from liability for full or partial non-fulfilment of their obligations if such non-fulfilment is the result of force majeure circumstances such as war or military actions, earthquake, flood, fire or other natural disasters that occurred independently of the will of the Seller and/or the Buyer after the conclusion of this Agreement. The Party that cannot fulfil its obligations must immediately notify the other Party thereof.

8. Confidentiality and Protection of Personal Data

8.1. By providing their personal data on the Service website during registration or placing an Order, the Buyer grants the Seller their voluntary consent to the processing, use (including transfer) of their personal data, as well as the performance of other actions as provided for by the Law of Ukraine “On Protection of Personal Data”, without limitation of the term of such consent.

8.2. The Seller undertakes not to disclose information received from the Buyer. The provision of information by the Seller to counterparties and third parties acting under a contract with the Seller, including for the fulfilment of obligations to the Buyer, as well as in cases where disclosure of such information is required by the current legislation of Ukraine, shall not be considered a breach of confidentiality.

8.3. The Buyer is responsible for keeping their personal data up to date. The Seller is not liable for improper performance or non-performance of its obligations due to outdated information about the Buyer or its inconsistency with reality.

9. Other Provisions

9.1. This Agreement is concluded on the territory of Ukraine and is governed by the current legislation of Ukraine.

9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. If it is impossible to reach an agreement through negotiations, the Buyer and/or the Seller have the right to apply to the courts in accordance with the current legislation of Ukraine.

9.3. The Seller has the right to amend this Agreement unilaterally in the manner provided for in clause 5.2.1 of the Agreement. In addition, amendments to the Agreement may be made by mutual consent of the Parties in accordance with the current legislation of Ukraine.