March 14, 2017
PUBLIC OFFER FOR SALE OF TICKETS TO EXHIBITIONS AND CONFERENCES TO LEGAL BODIES (online)
"SMileS" Limited Liability Company, hereinafter referred to as "Contractor", enters into this agreement with any legal body, hereinafter referred to as "Customer". This Agreement is a contract of adhesion and regulates the relations between the Parties in accordance with Art. 435 and Art.437 para.2 of the Civil Code of the Russian Federation.
1. TERMS AND DEFINITIONS USED IN PRESENT AGREEMENT
1.1. Customer - legal body who came in full and without exception to terms of the offer (accepted the offer).
1.2. Contractor - Limited Liability Company "SMileS".
1.3. Order - the decision of the Customer to purchase Ticket to the Event, issued on the event website online: mhealthcongress.ru (hereinafter - Website).
1.4. Event – Conference “M-health congress – 2017”, organized by "SMileS" LLC. Information about the Event can be found on Website. After the end of the Event duration period, abovementioned Website domain can be used by the domain name owner for publication of the other information (not related to the Event). Thus, information about the Event can be deleted from the referred domain name after the end of the Event duration period.
1.5. Ticket - the right to visit Event, purchased for a payment made by Customer to Contractor (or the party appointed for this purpose by Contractor). One ticket is valid for one individual.
2. SUBJECT OF AGREEMENT
2.1. Contractor shall organize and carry out the Event and Customer shall pay for visiting the Event on the prepayment basis (pay for Ticket (Tickets) for the persons sent to Event by Customer have the right to enter the Event.
2.2. Event will take place on April 28, 2017, in Mercure Hotel Paveletskaya, address: 11 Bakhrushina str., Moscow, 115054, Russian Federation.
2.3. Event program is published on the Website.
2.4. Event visiting service is provided by Contractor concerning the person (persons) specified by the Customer in the Registration form that should be filled out on the Website, for drawing the invoice by Contractor to the Customer.
Person (persons) specified by Customer in the Registration form for the sake of the present Agreement shall be called Event Visitor.
2.5. Service shall be rendered by Customer to Visitors not individually but collectively with other visitors who also enter in Agreement with the Customer regarding the Event visiting service.
Common number of visitors (individuals) who simultaneously receive the Event conducting service is defined at the discretion of Contractor.
2.6. Event program specified on Website is preliminary. Separate items of the Event program can be changed to similar ones or left out by the Contractor on a unilateral basis.
2.7. The acceptance of this Offer is admitted only when Customer takes the series of following steps:
- filling out of the Registration form on the Website;
- receiving of the drawn invoice from the Contractor;
- payment for the received invoice in full within the limits of the time period specified in the invoice.
2.8. Acceptance of the Customer is the unconditional acceptance of any terms of the present Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Contractor shall:
3.1.1. Organize the Event. If necessary, on his own behalf sign corresponding services agreements necessary for Contractor to carry out the Event.
3.1.2. Within 10 (ten) days from the moment of completion of payment for Ticket (Tickets) by the Customer, send electronic Event Ticket (Tickets) payment confirmation to Customer by means of e-mail specified by the Customer.
3.1.3. Inform the Customer on any changes and amendments regarding the Event (its Program) by posting information about the changes on the Website.
3.1.4. Ensure presence of Contractor’s representative during all Event program.
3.1.5. Not disclose any personal information of the Customer and not provide access to this information to third parties, except as required by the law.
3.2. Contractor shall have the right to:
3.2.1. On a unilateral basis, change the program of the Event, posting appropriate information about changes on the Website.
3.2.2. Turn website on and off, perform preventive maintenance on the server and other equipment used in Website operation at any time convenient for Contractor.
3.2.3. Contractor reserves the right of non-fulfillment of the Services in case of force majeure (p. 5 of the present Agreement).
3.2.4. Contractor reserves the right to send newsletters involving informational and advertising materials to Customer's contact data. Making payment (part of payment) under the present Agreement confirms Customer's consent to receive informational and advertising materials relating to products/works/services offered by the Contractor and/or Contractor’s counterparties, as well as the information specifying the materials previously sent by the Contractor. Customer confirms his consent to receive newsletters, electronic newsletters and other mailings (personalized or bulk) performed by Contractor at his own discretion (from any accounts used by the Contractor), for distribution of information on industry news and/or advertising of products/works/services offered by the Contractor and/or Contractor’s counterparties.
3.2.5. Contractor shall have the right to take photographs, record audio and video of the whole Event and its visitors on the territory of the Event in particular.
Contractor (his counterparties and authorized persons) can use the abovementioned photos, audio and video materials at his own discretion, including, but not limited to publishing it in the printed issues, on websites, without receiving additional approval from Customer/his representatives – Event visitors (actually present on photos/video during the Event on the Event territory) and without paying any compensations/charges to Customer/his representatives – Event visitors.
Herewith, Contractor (his counterparties and authorized persons) have the right to use the abovementioned photos, audio and video materials in the way stipulated in the previous paragraph, either without adding Customer’s name, or with adding Customer’s name provided that the Customer gives his separate permission for such action.
Acceptance of the present Offer and payment of the invoice drawn by the Contractor shall be considered as declaring and confirming of Customer’s and visitors’ (whose Tickets are paid for by the Customer) consent with Contractor’s rights specified in the present paragraph.
3.2.6. Contractor has the right to process visitors’ personal data provided by the Customer, including gathering, systematization, collection, saving, updating, changing, depersonalization, blocking and destroying without receiving the corresponding written consent from individuals – visitors.
Acceptance of the present Offer and payment of the invoice drawn by the Contractor shall be considered as Customer’s and visitors’ (whose Tickets are paid for by the Customer) consent with Contractor’s rights specified in this paragraph.
3.2.7. Contractor has the right to place Customer’s logo taken from the open sources in the web on the Event website and on Contractor’s social network accounts, if the Customer has paid for the Event ticket.
3.2.8. Contractor has the right unilaterally at its own and sole discretion to change the venue of the Event i.e. to re-locate the Event to another venue (Hotel).
3.2.9. Contractor has the right unilaterally at its own and sole discretion to reschedule the total period of the Event, i.e. to change the date of the Event to other date.
3.3. Customer shall:
3.3.1. Specify the correct information about his data (including personal data of individuals on whose names the Tickets are purchased). Should the Customer refuse to provide the necessary data, the Contractor shall have the right to refuse Event visiting.
By paying for the invoice drawn by Contractor, Customer guarantees to the Contractor that individuals – visitors (whose Tickets are paid for by the Customer) agree for processing their personal data (provided with the purpose of entering to the Event) by the Contractor, including gathering, systematization, collection, saving, updating, changing, depersonalization, blocking and destroying.
In case the provision specified in this paragraph is not fulfilled, Customer shall bear individual responsibility for risks related to the absence of such consent from a certain individual.
3.3.2. Not send to Contractor Event visiting applications from the persons under 6 (six) years. Program of the Event and speakers’ presentations do not account limitations stipulated by the Federal Act No. 436 of 29 December 2010 “On Protection of Children from Information Harmful to Their Health and Development”, on information content consumed by children under the age of 6 (six) years. The minors under 12 (twelve) years can attend the Event only if escorted by the adult(s), and tickets for such minors are to be paid separately.
3.3.3. After the end of the Event, sign rendered services acceptance certificate acquired from Contractor and send it to Contractor.
3.3.4. Provide Visitor’s ID when receiving a badge (ticket) granting access to the Event on demand of representative of “SMileS” LLC (person with a badge – “Organizer”) or on demand of representative of the third parties hired by “SMileS” LLC (security, registration zone personnel).
3.3.5. Provide Visitor’s ID when entering the Event territory each time on demand of representative of “SMileS” LLC (person with a badge – “Organizer”) or on demand of representative of the third parties hired by “SMileS” LLC (security, registration zone personnel).
3.3.6. Shall not use Contractor's services, whatever they might be expressed in (including, but not limited to: stand space, promotion within the territory of the Event, information for advertising messages, information for news reports on the website and social networks of the Contractor and any other services), for the purposes of dissemination/promotion of information about goods, services and event of the Customer and/or the third parties (including, but not limited to: party, auto party, conference, exhibition, seminar, contest, etc.), that is to take place within a period of a month "before" and a month "after" the Event, specified in paragraph 1.4. of the present Agreement.
3.4. Customer shall have the right to:
3.4.1. Select payment method for the Ticket from those offered by Contractor on the website.
3.4.2. At own discretion, check the information before sending a Registration form. Customer shall bear full responsibility for authenticity and eligibility for data usage specified during filling out of a Registration form (including personal data of individuals on whose names the Tickets are purchased).
3.4.3. Change one Visitor to another Visitor from the Customer’s side, not exceeding the quantity of purchased tickets. For this purpose, Customer shall send data for substitution to email@example.com not less than 3 days before the Event.
3.4.4. Receive closing documentation set from the Contractor following the completed payment for Ticket(s).
3.5. Tickets that have been paid for by the Customer are non-refundable. Contractor shall not return accepted payment to the Customer in case Visitors fail to attend the Event because of the reasons not related to Contractor’s violation of the present Offer terms.
4. LIABILITY AND DISPUTES RESOLUTION
4.1. Contractor shall not be liable for non-compliance or improper compliance of services on his part or on the part of third parties, arising due to the unreliability, failure or delay of confirming information provided by the Customer and arising as a result of other violations of the terms of the Offer by the Customer.
4.2. Contractor shall not be liable for the nonconformity of the Event with Customer’s (Visitors’) expectations and his subjective judgment.
4.3. Contractor shall have the right to remove the disturbing Visitor from the Event territory in case such Visitor violates public order/prevents the Event Program from its course/interferes with other visitors’ obtainment of services.
If the situation stipulated in this paragraph arises, the funds paid by the Customer shall not be returned to the Customer.
4.4. Contractor shall not be liable for any Visitor’s personal belongings that get lost, damaged or fully or partially ruined in any other way on the Event. In such cases, the affected owner may choose to approach to law enforcement authorities with corresponding requests in order to establish the truth and bring guilty persons to responsibility. Visitors’ actions related to full or partial loss of personal belongings shall not disturb Event’s normal course or create any difficulties/interruptions/inconveniences for the persons present at the Event, including with the aim of solving problems related to the lost belongings.
4.5. Parties shall make all efforts to reach consent on the matters of argument by means of negotiations. In the event of failure to reach consent by means of negotiations, controversies must be submitted for settlement in court at the location of Contractor.
4.6. For all other matters not provided in this Offer, Parties shall be governed by the acting legislation of the Russian Federation.
5. FORCE MAJEURE
5.1. Parties shall not be responsible for the complete or partial failure to fulfill their obligations under the present Agreement if such failure is caused by force majeure, i.e. extraordinary and unavoidable conditions under the given circumstances.
5.2. The circumstances of force majeure, in particular, include: natural disasters, acts of war, national crisis, strikes in the industry or region, the actions and decisions of public authorities, failures arising from telecommunications and energy networks, the effect of malware, as well as the unscrupulous actions of third parties expressed in actions aimed at unauthorized access and/or disabling the software and/or hardware system of each Party.
6.1. Customer shall be responsible for maintaining the confidentiality of his registration name (login) and password and for all activities performed under that name (login) and password.
6.2. Contractor shall not be responsible and shall not reimburse losses caused by unauthorized use of identification details of the Customer by the third parties.
7. BANK DETAILS OF CONTRACTOR:
10 Proletarsky Ave., office 403/1 (r.368), Schelkovo,
141100, Moscow region
TIN 7730686025, RRC 505001001
Bank details for the transfer of payments in Russian rubles
Settlement account: 40702810302680000767
Bank: ALFA-BANK (JSC) Moscow
Correspondent account: 30101810200000000593 with OPERU MOSCOW
Sort code: 044525593