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Offer

This contract is an official and public offer addressed to any natural person (hereinafter referred to as the Buyer) to enter into a Public Contract for the provision of services under the conditions specified in this document.

1. Definition of terms

  • 1.1. Public offer (hereinafter - the "Offer") - a public contract for the use of site services, addressed to an undefined circle of persons, on the terms contained in this Offer.
  • 1.2. Service - the object of the agreement of the parties, which was selected by the buyer on the website and placed in the basket and purchased by the buyer from the seller remotely.
  • 1.3. Site – a website with the website domain name https://kendi.ua/
  • 1.4. Content — video recordings of lectures or any other objects offered for sale on the site.
  • 1.5. Buyer – a natural person, a visitor to the website, who receives information from the Seller, places an order for the purchase of the service presented on the website https://kendi.ua/
    for purposes not related to the implementation of business activities, or a legal entity or an individual entrepreneur.
  • 1.6. Seller - FOP KARPACHOVA , which operates in accordance with the current legislation of Ukraine

2. Subject of the Agreement

  • 2.1. The Seller provides the Buyer with a service, which consists in providing access to information and services posted on the site, in the order specified in the Offer, the Buyer accepts and pays for the service.
  • 2.2. The list and detailed description of services and tariffs is posted on the Site.
  • 2.3. The volume of services in the networks of different tariffs may differ.
  • 2.4. The seller has the right to limit the number of seats on a certain tariff.

3. Cost of services and calculation procedure 

  • 3.1. Current prices (tariffs) for the Seller's services are posted on the Site.
  • 3.2. Settlements between the parties are carried out in cashless form by making payment using the funds transfer services available on the Site.
  • 3.3. Payment for the services of the Contractor can be made:
    • 3.3.1. by paying the cost of the selected tariff on the conditions of full prepayment;
    • 3.3.2. by paying in installments on the terms and in the order determined by the Contractor's partner banks, which can be found through the link on the Site;
    • 3.3.3. by paying a deposit in the amount indicated on the Site. In this case, the Customer undertakes to make full payment no later than the start of the provision of services.
  • 3.4 The Buyer accepts the terms of this Offer by entering the relevant data in the registration form on the website. The buyer is responsible for the accuracy of the information provided when placing the Order.
  • 3.5. The Contractor has the right not to provide the service to the Customer if the Customer has not paid the cost of the services in accordance with the selected tariff in the order and terms specified in this Agreement.
  • 3.6. The Contractor has the right to temporarily suspend the provision of services to the Customer in the event that the Customer delays payment of the cost of the Contractor's services in accordance with the selected tariff and payment method, until the Customer repays the debt.

4. Refund of payment

  • 4.1. The parties agree that non-use of access to the Content, lack of viewing or incomplete viewing of the Content by the Buyer is not a reason to withdraw from the Agreement and a reason to refund money for paid access to the Content.
  • 4.2. In case of refusal of access to the Content, including deletion of the account (registration), money will not be returned. The parties agree that the funds retained by the Seller are compensation for the expenses incurred for providing access to the Content, while the parties agree that the amount of compensation is equal to such expenses and is not subject to additional proof.
  • 4.3. The customer has the right to refuse to receive the service without explaining the reason before the start of the service. In this case, the funds paid by the Customer are returned in full, except for the case provided for in clauses 4.1, 4.2
  • 4.4. In the event that the Customer refuses the Contractor's service, after completion of its provision, the funds paid by the Customer will not be returned.
  • 4.5. In order to exercise his right to a refund in the cases stipulated by this Agreement, the Customer sends a corresponding letter to the Contractor at the e-mail address: support@kendi.ua.
  • 4.6. The Seller has the right to block the Buyer's access to the Content in case of violation of the Agreement and/or if the Buyer's actions are fraudulent, illegal, aimed at harming the Site, DDOS organization or phishing attack. In this case, payment for access to the Content is non-refundable.
  • 4.7. Prices for services may be changed by the Seller unilaterally depending on market conditions.

5. Rights and obligations of the Parties

  • 5.1. The seller is obliged to:
    • 5.1.1. To provide the service on time and in full.
    • 5.1.2. Not to disclose any private information about the Buyer and not to provide access to this information to third parties, except for cases provided by law and during the execution of the Buyer's Order.
  • 5.2. The seller has the right to:
    • 5.2.1 To postpone the provision of services by notifying the Customer no later than two days in advance.
    • 5.2.2. Sin acuerdo previo con el Cliente, contratar a terceros para proporcionar los servicios previstos en este Acuerdo.
    • 5.2.3. Unilaterally make changes and additions to this Agreement.
    • 5.2.4. Make changes to the information posted on the Site and (or) the Platform without prior warning to the Customer.
    • 5.2.5. To carry out preventive work to confirm the functionality and further improvement of the functionality of the Site.
    • 5.2.6. Temporarily suspend the Customer's access to the Site in case of technical problems in the operation of the Site in order to restore its functionality.
    • 5.2.7. Unilaterally terminate this Agreement if the Customer violates the terms of this Agreement.
  • 5.3. The buyer undertakes:
    • 5.3.1. Pay the Seller's services on time and in full.
    • 5.3.2. Properly fulfill all the terms of this Agreement.
    • 5.3.4. Use the technical capabilities of the Site and (or) the Platform exclusively for legal purposes.
    • 5.3.5. Do not take any actions (in particular, using third-party software) aimed at disrupting the normal operation of the Site and (or) the Platform.
    • 5.3.6. Do not use automated scripts (programs) to collect information on the Site and (or) Platform and (or) to interact with the Site and (or) Platform.
    • 5.3.7. Use all materials and services provided to the Customer exclusively for personal purposes and do not transfer access to third parties.
    • 5.3.8. The following is prohibited on the Site and (or) Platform, and (or) chat in the Telegram mobile application:
    • 5.3.8.1. post information that may lead to the incitement of religious, ethnic, racial enmity;
    • 5.3.8.2. harm the honor and dignity of other persons;
    • 5.3.8.3. use obscene language;
    • 5.3.8.4. post informative spam;
    • 5.3.8.5. post materials and (or) information that violates the intellectual property rights of others;
    • 5.3.8.6. post information of an advertising nature.
  • 5.4. The buyer has the right to:
    • 5.4.1 To receive the services provided for in this Agreement.
    • 5.4.2 Demand the provision of quality services.

6. Copyright

  • 6.1. All information, photos, graphic images, texts, videos and other results of intellectual activity (objects of intellectual property rights) posted on the Site and (or) made available to the Customer in the process of rendering services by the Contractor in accordance with this Agreement are protected by the Law.
  • 6.2. No and any intellectual property rights to intellectual property objects posted on the Site and (or) which became available to the Customer in the process of rendering services by the Contractor in accordance with this Agreement shall not be transferred to the Customer as a result of the use of the Site or the conclusion of this Agreement

7. Liability

  • 7.1. The Seller is considered to have properly fulfilled the obligation after providing the Buyer with access to the Content. The Buyer has the right to access the Content exclusively using the Site.
  • 7.2. The buyer does not have the right to refuse access to Content of appropriate quality.
  • 7.3. The Buyer gets access to the Content at the time of selection and payment, the Seller is not responsible for the relevance of the content and compliance with the specific goals or expectations of the Buyer.
  • 7.4. The Seller is not responsible for errors, defects or failures of third-party hardware and software, and web resources to which the Buyer can go from the Site, including the payment system. In any case, the Seller's liability is limited to the cost of paid access to the Content.

8. Confidentiality and protection of personal data

  • 8.1. By providing his personal data on the website when registering or placing an Order, the Buyer gives the Seller his voluntary consent to the processing, use (including the transfer) of his personal data, as well as taking other actions provided for by the Law of Ukraine "On the Protection of Personal Data", without limiting the term of such consent.
  • 8.2. The Seller undertakes not to disclose the information received from the Buyer. It is not considered a violation for the Seller to provide information to counterparties and third parties acting on the basis of a contract with the Seller, including for the fulfillment of obligations to the Buyer, as well as in cases where the disclosure of such information is established by the requirements of the current legislation of Ukraine.
  • 8.3. The buyer is responsible for keeping his personal data up-to-date. The Seller is not responsible for poor performance or non-fulfilment of its obligations due to the irrelevance of information about the Buyer or its inconsistency.

9. Other conditions

  • 9.1. This contract is concluded on the territory of Ukraine and is valid in accordance with the current legislation of Ukraine.
  • 9.2. All disputes arising between the Buyer and the Seller shall be resolved through negotiations. In case of failure to reach a settlement of the disputed issue through negotiations, the Buyer and/or the Seller have the right to apply for a resolution of the dispute to the judicial authorities in accordance with the current legislation of Ukraine.
  • 9.3. The seller has the right to make changes to this Agreement unilaterally, provided for in clause 5.2.1. Agreement.