This document is an official public offer (hereinafter referred to as the Agreement, Offer) for the online marathon "Flexible Body" (hereinafter referred to as the Contest), conducted by the private entrepreneur Tatarintseva N.M., hereinafter referred to as the "Executor" (also referred to as the Organizer), and the consumer of the services, hereinafter referred to as the "Customer" (also referred to as the Contest Participant), who has accepted (accepted) the public offer (offer) to enter into this Agreement for the provision of informational services under the following terms:
1. TERMS
1.1. Services – A set of methodological recommendations on marketing or sales provided by the Executor, aimed at fostering the Customer's progress.
1.2. Public Offer – The Executor's proposal (published on the Executor's Website) addressed to an unlimited number of entities to enter into this Agreement under specified conditions.
1.3. Acceptance – The full, unconditional, and irrevocable acceptance by the Customer of the terms of the Public Offer of this Agreement and the Rules for the provision of the relevant Services.
1.5. Customer – An individual, at least 18 years old, who has accepted all the terms of this Agreement and entered into this Agreement with the Executor under the terms of this Offer.
1.6. Executor – Private entrepreneurs Tatarintseva N.M., Stepanenko V.E., Kadyrov R., Bochkovsky V.D.
1.7. Parties – The Customer and the Executor.
1.8. Rules for the Provision of Relevant Services – The terms of service provision chosen by the Customer within the framework of this Agreement, which are an integral part of it and serve as the sole source for regulating all relations between the Customer and the Executor arising in the process of providing Services. All advertising, presentation, and other materials created and existing for the development of the Executor are for informational purposes only and do not serve as a source for regulating all the conditions for the provision of Services.
1.9. Application – The Customer's intention to use the Executor's services, expressed by sending an electronic request in the prescribed form on the Executor's Website.
1.9. Acceptance – The full and unconditional acceptance by the Customer of all the terms of this Offer.
1.10. Technologies for the Remote Provision of Information Services – The provision of informational services remotely using the Internet (fully or partially).
1.11. Executor's Website – A web page on the Internet at https://flexiblebody.online/, which is the official source of information for the Customer about the Executor and the services provided.
2. SUBJECT OF THE AGREEMENT AND PAYMENT FOR SERVICES
2.1. The provision of services under this Agreement is carried out within the framework of the Customer's participation in the online marathon "Flexible Body" (hereinafter referred to as the Contest), the terms of which are stipulated by the Rules for the conduct of the open remote public contest "Flexible Body" (hereinafter referred to as the Participation Rules), which are an integral part of this Agreement, aimed at achieving the most optimal results and corresponding to the objectives of the stated contest.
2.2. According to the terms of this Agreement, the Executor undertakes to provide the Customer with access to informational materials (hereinafter referred to as the Services). The Customer undertakes to accept the requested services and pay for them.
2.3. The cost and detailed description of the Services, as well as the Rules, are officially published on the website https://flexiblebody.online/ and are annexes to this Offer. The cost of services under this Agreement is included in the participation fee for the contest.
2.4. This Agreement, as well as all amendments and additions to this Agreement, are open documents and are published for general information on the Executor's Website.
3. ACCEPTANCE OF THE OFFER
3.1. The conclusion of the service agreement is carried out by accepting the Offer under the conditions set out within the Acceptance period.
3.2. Acceptance of the offer, that is, the unconditional acceptance by the Customer of the terms of this Agreement, is the payment for the Services and the receipt by the Executor of the corresponding payment document from the Customer, confirming the payment.
3.3. The Customer's Acceptance is carried out no later than the start date of the Contest, established by the Rules, by transferring funds to the Executor's bank account.
3.4. By accepting this Agreement, the Customer guarantees that they are familiar with, agree to, and fully and unconditionally accept all the terms of the Agreement and the Rules as presented in the text of the Agreement and the Rules.
3.5. This Agreement does not require stamping and/or signing by the Parties, while retaining full legal force.
4. TERMS AND CONDITIONS OF SERVICE PROVISION
4.1. The services mentioned in Clause 2.1 of this Agreement are provided to the Customer remotely by delivering informational materials and conducting consultations according to the procedure and under the conditions established by this chapter, as well as through the telecommunication network Internet via the Customer's personal account.
4.2. When intending to use the Executor's services, the Customer fills out and submits an Application on the Executor's Website, providing accurate personal data. By completing the Application, the Customer certifies that they unconditionally and fully accept the terms of the Offer.
4.3. The Customer begins receiving the services provided by the Executor after transferring funds to the Executor's bank account for the payment of the Services.
4.4. After accepting this Offer and making the payment for the Services, the Customer receives access to the Personal Account on the Executor's Website and subsequently undertakes to unconditionally accept the Executor's Services by performing the assigned tasks in the manner and terms specified in this Agreement and the information on the website https://flexiblebody.online/, which is an annex to this Agreement.
4.5. Interaction between the Parties is carried out through the Customer's Personal Account. The Executor provides tasks, recommendations, and explanations in the relevant sections of the Personal Account, and the Customer independently determines the method and time for their execution in accordance with the Contest Rules and considering the conditions of the contest tasks.
4.6. Services are considered properly and fully provided under the Agreement from the moment the Customer receives the Executor's informational materials in the Personal Account. In case of the Customer's exclusion from the contest participants, this Agreement is considered terminated. If the Customer was not admitted to the Contest according to the Contest Rules, this Agreement is considered not concluded.
4.7. Any materials received by the Customer via email or published on the Website are intended for private non-commercial use. The Customer is not entitled to copy, transmit, mail, and/or publish materials from the Website and informational and/or analytical products without the Executor's written permission, nor to use them for mass distribution.
4.8. The Parties acknowledge that documents sent by email or other electronic means of communication, including through the Personal Account, have legal force equivalent to documents in ordinary paper document circulation.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. **Customer's Rights:**
5.1.1. To receive from the Executor information on the organization and proper provision of services.
5.1.2. To demand proper and timely provision of Services by the Executor.
5.1.3. To contact the Executor in writing on all issues related to the provision of Services, as well as to ask questions related to the provision of Services.
5.2. **Customer's Obligations:**
5.2.1. By agreeing to the terms and accepting the terms of this Offer by Acceptance of the Offer, the Customer assures and guarantees the Executor that:
- The Customer has provided accurate personal data;
- The Customer enters into the Offer Agreement voluntarily, having fully familiarized themselves with the terms of the Offer, fully understanding the subject of the Offer and the nature of the provided Services.
5.2.2. The Customer undertakes not to use the information received from the Executor in ways that could harm the Executor's interests.
5.2.3. To prevent third-party use of the Services unless otherwise explicitly provided by the terms of this Agreement and the Rules for the Provision of Relevant Services.
5.3. **Executor's Rights:**
5.3.1. The Executor has the right to include the Customer in the mailing list for the further distribution of materials on the selected course or for sending other informational materials.
5.3.2. The Executor has the right to terminate the provision of services to the Customer and terminate this Agreement unilaterally in case of the Customer's breach of their obligations under this Agreement, as well as in connection with the exclusion from the contest participants, according to the rules. The Executor also has the right to unilaterally refuse to provide services under the contract, by notifying the Customer in writing.
5.3.3. The Executor has the right to change the cost of Services and other terms of this public Offer without prior agreement with the Customer, ensuring the publication of the changed terms on the Internet resources no later than 1 day before they come into effect.
5.3.4. The Executor has the right to independently determine the forms and methods of service provision based on the requirements of the law, as well as the specific terms of the Agreement.
5.4. Executor's Obligations:
5.4.1. The Executor undertakes to provide the Informational materials in full and on time under this Agreement.
5.4.2. The Executor undertakes to inform the Customer of all changes in the terms of service provision and all additions within the period provided by this Agreement.
5.4.
3. The Executor undertakes to provide the Customer with the necessary materials (in electronic form) for the proper provision of the Services.
5.4.4. The Executor undertakes to ensure confidentiality with respect to the Customer's personal data provided to them during registration on the Website.
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6. RESPONSIBILITY OF THE PARTIES
6.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties bear responsibility in accordance with the legislation of Ukraine.
6.2. The Executor is not responsible for the inability to provide Services to the Customer due to circumstances beyond the Executor's control, including disruptions in the operation of communication lines, faulty equipment or software not owned by the Executor, etc.
6.3. The Executor is not responsible for the Customer’s results, including but not limited to health, fitness, body changes, or any other expected results of participation in the Contest, as the results depend on the Customer's personal efforts and adherence to the provided recommendations.
6.4. The Executor is not responsible for any loss or damage (direct or indirect) caused to the Customer as a result of using or not using the Executor's materials.
7. FORCE MAJEURE
7.1. The Parties are released from liability for partial or complete non-fulfillment of obligations under this Agreement if it was the result of force majeure circumstances that arose after the conclusion of this Agreement. Force majeure includes, but is not limited to: natural disasters, acts of war, hostilities, mass civil disturbances, epidemics, blockades, significant changes in legislation, decisions and actions of state authorities and other similar circumstances.
7.2. The Party affected by force majeure must notify the other Party of the onset and termination of such circumstances within three (3) calendar days from the moment they arise.
7.3. If force majeure circumstances last more than thirty (30) calendar days, either Party has the right to terminate this Agreement unilaterally by notifying the other Party in writing.
8. DISPUTE RESOLUTION
8.1. All disputes and disagreements arising from this Agreement or related to it shall be resolved through negotiations between the Parties.
8.2. If it is not possible to resolve the dispute through negotiations, it shall be resolved in accordance with the current legislation of Ukraine.
9. TERM AND TERMINATION OF THE AGREEMENT
9.1. This Agreement enters into force from the moment of its Acceptance by the Customer and remains in effect until the full performance of obligations by the Parties.
9.2. The Agreement can be terminated earlier:
- By mutual consent of the Parties;
- By either Party unilaterally in case of violation of the terms of this Agreement by the other Party;
- In other cases provided for by this Agreement and the current legislation of Ukraine.
9.3. The termination of this Agreement does not release the Parties from responsibility for its violations that occurred during its term.
10. FINAL PROVISIONS
10.1. By accepting this Offer, the Customer confirms that they have fully familiarized themselves with the terms of this Agreement, understand them, and accept them unconditionally.
10.2. The Parties acknowledge that this Agreement is concluded in electronic form and has full legal force.
10.3. All matters not provided for in this Agreement shall be governed by the current legislation of Ukraine.
10.4. The Customer agrees to the processing of their personal data by the Executor in order to fulfill the terms of this Agreement, as well as for the purpose of sending information about the Executor's activities, in accordance with the legislation of Ukraine on personal data protection.
10.5. If any provision of this Agreement is found invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions of the Agreement.