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Public offer agreement

This User Agreement (hereinafter referred to as the “Agreement”) is concluded between the User and the Public Organization “Energy Club” (hereinafter referred to as the “Public Organization Energy Club”), and regulates the use of the Internet site energyclub.com.ua (hereinafter referred to as the “Site”), which is the property of the Public Organization Energy Club.

1. General part

1.1. Use of the Site is permitted only to a person — the User, who has accepted all the terms of this Agreement, which is located at iclub.energy. The User Agreement and other rules provided for on the Site.

1.2. The User is obliged to familiarize himself with the Agreement before using the Site. When using any part of the Site, the User agrees to the terms of this Agreement with the Public Organization Energy Club. If the User does not agree to the terms of the Agreement, then he is not granted the status of a User and is prohibited from using the Site.

1.3. The Terms of the Agreement apply to all users of the Site — both unregistered users and registered users with any account. An account is understood as a set of information about the user and authorization data (login, password).

2. Rights, obligations and responsibilities of the User and the Energy Club NGO

2.1. Full access to the Site, including viewing more complete information about other users, sending messages, is possible only for a registered User (who created an account).

2.2. If the User believes that the Site contains information that violates his rights, the User is obliged to notify the Energy Club NGO and provide information confirming this violation of rights. If the User provides false information about the violation of his rights, he is fully responsible for the damage caused (including all costs, state duty and payment for lawyer services).

2.3. The User is prohibited from:

    • contribute to incitement of religious, racial or ethnic hatred;
    • commit actions that violate the rights and freedoms, honor and dignity of any person;
    • insult anyone;
    • use obscene language, even if they are disguised as other symbols;
    • abuse the posting of uninformative information;
    • provoke a verbal war that is not related to the original cause of the dispute;
    • create multiple accounts on the Site, if in fact they belong to the same person;
    • commit actions aimed at misleading other users; — provide your account and/or login and password for your account to third parties;
    • register an account on behalf of or instead of another person. At the same time, registration on behalf of and on behalf of another individual or legal entity is allowed, provided that the necessary powers are obtained in the manner and form prescribed by the legislation of Ukraine;
    • post information (including any materials) that violates copyrights, rights to trademarks for goods and services, industrial property rights and/or rights to other intellectual property objects belonging to the Energy Club NGO and/or third parties;
    • post information that violates the rights and legitimate interests of third parties (including posting photos and videos, the main object of which is a person, if this person did not consent to posting a photo or video with their participation on the Site);
    • post materials of an advertising, erotic, pornographic or offensive nature;
    • use any computer programs for automated collection of information on the Site;
    • to illegally collect, systematize, store or distribute personal information of other users;
    • to attempt to gain access to the account and/or login and password of another User by any means, including, but not limited to, through fraud, abuse of trust, selection of login and password;
    • to post computer viruses or programs capable of interrupting or disrupting the normal functionality of computer equipment and software, as well as telecommunications facilities of any persons.

2.4. User Responsibility:

    • The User is solely responsible for any use of the information posted on the Site.
    • The User is solely responsible to third parties for his actions or inactions when using the Site.
    • The User undertakes to independently and at his own expense settle all claims of third parties related to the actions or inactions of the User when using the Site.
    • Unless the User proves otherwise, any actions taken using his account and/or his login and password are considered to have been taken by this User.
    • In the event that the User posts information on the Site or performs other actions that do not comply with the terms of the Agreement, the Energy Club NGO has the right to upon notification, solely at its own discretion, to delete information posted by the User, including information in respect of which it is difficult to determine its compliance with the Agreement and/or applicable legislation.
    • For violation of the terms of this Agreement, the Energy Club NGO has the right to block the User’s access to the Site and/or delete the User’s account without prior notice.

2.5. Responsibility of the Energy Club NGO:

    • The Energy Club NGO will make efforts to moderate content and remove illegal information, but does not guarantee its complete absence on the Site.
    • The Energy Club NGO does not undertake any obligations to verify, change and control all information posted by users on the Site. The Energy Club NGO does not guarantee and is not responsible for the truthfulness, legality, quality and compliance of this information with the specific requests and needs of the Site users.
    • The Energy Club NGO is not responsible for the content of sites that do not belong to it, links to which may be present on the Site, and does not guarantee their availability, correct operation and compliance with the stated topic.

3. Other terms

3.1. The Energy Club NGO has the right to make changes to this Agreement. All changes made to the Agreement will be available in the form of a new version of the Agreement, at the User Agreement address. In the event of significant changes to the Agreement, the Energy Club NGO will additionally notify the registered User of these changes by e-mail. All changes to the Agreement come into force from the moment of their publication. By using the services or the Site, the User confirms his agreement with the new terms of the Agreement in the version in force at the time of the User’s use of the services or the Site.

3.2. Energy Club NGO is not liable for any harm or loss suffered by the User or third parties as a result of misunderstanding or misunderstanding of the terms of this Agreement, instructions or guidelines on the procedure for using the Site, regarding the procedure for posting data and other technical issues.

3.3. The User grants Energy Club NGO the right to send him messages containing information about the Site and Energy Club NGO.

3.4. In the event that any part of this Agreement is declared invalid or unenforceable, the remaining parts of the Agreement will remain in force. The waiver by either party of any provision or condition of this Agreement, or any violation thereof, shall not invalidate the effect of such provision or condition.

3.5. The Site is provided by Energy Club NGO “as is”. Energy Club NGO does not guarantee that the Site will meet the User’s goals and expectations, its uninterrupted and error-free operation, as well as the security of the User’s account and information posted by the User on the Site. The Site contains personal data protection and TLS/SSL encryption (pages begin with https:// instead of http://), which ensures the security of personal data that customers enter on the Site.

3.6. Energy Club NGO may assign its rights under this Agreement to a third party at any time and without notice to the User.

3.7. This Agreement and the relations between Energy Club NGO and the User arising in connection with the use of the Site are governed by the laws of Ukraine. Each party irrevocably agrees that the relevant courts of Ukraine have exclusive jurisdiction over any claims, disputes or disagreements relating to the Agreement and the use of the Site.

 

4. Force Majeure

4.1. The Parties are exempt from liability for partial or complete failure to fulfill obligations under this Agreement if such failure occurred as a result of force majeure circumstances, such as natural disasters, war, strikes, actions of government agencies, etc., which are beyond the control of the Parties and make it impossible to fulfill obligations under the Agreement.

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