CONTRACTNastassia Rubanava, hereinafter referred to as the "Seller", on the one hand, and the Internet user, hereinafter referred to as the "Buyer" or the "User", on the other hand, together referred to as the "Parties", have concluded this contract (hereinafter referred to as the "Contract").
This agreement is a public offer (offer) to an unlimited number of persons, Internet users.
Full and unconditional acceptance of the Agreement is the Buyer's acceptance of the terms and conditions of the Agreement or making an advance payment or when the Buyer starts using any Content and/or using any of Seller's services under the terms and conditions of the Agreement. Performing any of the aforementioned actions shall also mean the Buyer's acceptance of the conditions of personal data processing.
1. Terms used in the Contract- 1.1. Buyer (User) - an Internet user who has accepted the terms and conditions of the Agreement and/or registered on the Seller's website and/or made an advance payment for downloading the Content and/or downloaded the Content and/or started using any of the Seller's services.
- 1.2. Content means texts or audio recordings of literary works (including covers, illustrations, etc.) presented electronically on the Internet in various formats, posted on the Seller's Website and available to Users via the Seller's Website and/or Mobile Applications.
- 1.3 Seller's website (Site) is an information resource on the Internet owned and operated by Seller, located at the domain anastasiya-rubanova.com and all its subdomains in the domain zones .ru / .com / .pl / .uk / .ua / .ee / .rf / .de / .es / .It / .in / .cz / .sk / .eu / .mobi / .Iv / .tech / .net / .to / .su / .ge.
- 1.4 Downloading is the recording (copying) of content by the Buyer on their computer, smartphone or other device.
- 1.5 Billing is a payment accounting system.
2. Subject of the Contract- 2.1 The Seller shall enable the Buyer to use the Content for personal use under the terms and conditions of the Agreement; the Seller may provide other services to the User under the terms and conditions of the Agreement and/or Appendices to the Agreement.
3. Obligations of the parties- 3.1 Rights and obligations of the Seller:
- 3.1.1 Provide the Content to the Buyer for downloading and/or other use in accordance with the Agreement no later than 24 hours from the moment the Billing Company confirms the payment made and/or identifies the Buyer as the payer of the payment made and/or the person entitled to receive the Content.
- 3.1.2 Not to disclose to any third parties the e-mail address of the Buyer or any other information received from the Buyer.
- 3.1.3. Seller has the right to amend and/or supplement the Agreement and/or Appendices to the Agreement from time to time. Such amendments and/or additions shall take effect and become binding on the Parties as soon as they are posted on the Seller's website.
- 3.2 Rights and obligations of the Buyer:
- 3.2.1. make the payment, leave personal data and receive the Content via e-mail or physically when the availability of such an option becomes possible. In doing so, the Buyer shall strictly and strictly follow the Seller's instructions on the registration procedure posted on the Seller's Website.
- 3.2.2 Make payments and independently monitor the automatic deduction of funds for the use of the services on the website.
- 3.2.3 Receive the selected Content subject to payment for that Content by the Buyer and/or payment for that Content by another User for the benefit of that Buyer and/or under other conditions offered by the Seller.
- 3.2.4 Ensure the confidentiality of personal data provided at registration.
- 3.2.5 To use the Content provided by the Seller under the Agreement for personal purposes at its own discretion: to download, view the text (audio recording), read (listen to) the whole or separate fragments, etc. The Buyer has the right to place copies of the Content on any personal device that he/she owns. The Buyer also has the right to convert the downloaded text files (audio recordings) of the Content into any formats (such as html, txt, rtf, pdf, BBEb, mp3, etc.) convenient for the Buyer, if such conversion is required for reading or listening to the Content.
- 3.2.6. Request the deletion of their personal data by contacting the Seller at anastasiya-rubanova1@gmail.com.
- 3.2.7. The Buyer is prohibited from
- - Transmit or distribute the Content to third parties, in whole or in part;
- - Communicate the Content publicly through known broadcasting channels such as radio, television, etc;
- - Reproduce the Content, i.e. make copies of the Content or parts thereof in any material form, if this reproduction has the purpose of further distribution;
- - Make the Content available to the public via the internet and other digital networks, including by posting the Content on any websites, mobile applications and other resources;
- - Rework, alter or otherwise rework the texts (audio recordings) of the Content;
- - Use the Content in any way other than as specified in clause 3.2.5. of the Agreement;
- - Perform any other actions in relation to the use of the Content that infringe intellectual property rights legislation;
- - Hack (attempt to hack) the DRM (technical means of protection against unauthorised use of the Content) or access (attempt to access) the Content in any other way, except in the ways expressly specified in the Agreement;
- Failure to comply with the requirements of clause 3.2.7. 3.2.7 is a violation of the law (including the relevant regulations on the protection of intellectual property rights, on the protection of computer information etc.) and entails legal liability (civil, administrative, criminal) in accordance with the law!
- 3.2.8 All the information posted on the Seller's websites regarding the procedure for using the Content, payment for the Content and other particulars of the performance of the Agreement shall form an integral part of the Agreement and shall be binding on the Buyer.
- 3.2.9 The Buyer may contact the Seller's Customer Service Department at anastasiya-rubanova1@gmail.com with any questions.
4. Terms of payment- 4.1 The Buyer shall make an advance payment in dollars under the terms and conditions specified on the Seller's Website. The price of each Content and service shall also include the cost of Seller's services to enable the Buyer to store a copy of such Work on Seller's Site servers for downloading by the Buyer after payment has been made.
- 4.2 The Seller is entitled to unilaterally change the current prices by posting the relevant information on the Seller's Websites. Any change in prices does not apply to Content already paid for.
- 4.3 If payment is made by bank card on the website, after payment the Buyer receives a payment confirmation letter with the purchased Content to the specified e-mail address.
- 4.4 If the payment is made in cryptocurrency, the Buyer is obliged to send a screenshot or transaction number (TrHash) to anastasiya.rubanova1@gmail.com. In response to the email, the Seller is obliged to send the Content.
5. Delivery policy- 5.1 Once we receive your payment, you will either be able to download the product (Content) via a link or receive an email with instructions. If the download begins immediately, completing the download will signify that you have received the product (Content).
If you receive an email with instructions for downloading, the receipt of that email by itself will indicate that we have sent you the purchased product (Content).
If you are unable to download the purchased product or have not received an email with download instructions, you must contact us within 5 business days from the date of your order. If you do not contact us within 5 business days from the date of your order, we will consider that you have received and downloaded the product (Content).
6. Refund Policy- 6.1 If you are not satisfied with the purchase of the product (Content), you can return the order and receive a full refund. You can request a refund within 30 days from the purchase date. The product must be in the condition in which you received it and in the original box and/or packaging.
7. Liability of the parties. Limitation of liability of the Seller- 7.1 The Buyer assumes full responsibility and risks associated with the use of the Content.
- 7.2 The buyer is fully responsible for the use by third parties of their personal data.
- 7.3 The Buyer is fully responsible for the use by third parties of the information transmitted by the Seller to the e-mail address specified by the Buyer during registration.
- 7.4 The buyer shall be fully liable for any breach of law.
- 7.5 The Seller shall not be liable for any costs incurred by the Buyer or for any direct or indirect damage that may be incurred by the Buyer as a result of the use of the Content.
- 7.6 The Seller is not responsible for the quality of access to the Content via the Internet.
- 7.7 Under no circumstances shall the Seller be liable for the use by third parties of the Buyer's personal data.
- 7.8 The Seller shall not be liable for any direct or indirect damage incurred by the Buyer as a result of data transmission errors, software and/or hardware failures/defects, data loss and corruption, data processing or display errors, data transmission delays and other failures not attributable to the Seller.
- 7.9 Seller is not responsible for the inability of the User to use the Website and/or related services for any reason, including but not limited to: errors, omissions, interruptions, deletions, defects, delays in data processing or transmission, disruption of communication lines, equipment failure, any technical failures or other problems with any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failure of suppliers to fulfil obligations, etc.
- 7.10. Under no circumstances shall Seller be liable for any costs of the User or for any direct or indirect damage, including loss of profit or lost data, damage to honour, dignity or business reputation, which may be incurred by the User due to the use of the Website and/or related services.
- 7.11. The Seller shall not be liable to the Buyer if the content, design, literary and artistic value, etc. of the Work acquired by the Buyer is not satisfactory for any reason, i.e. if the Buyer has no technical difficulties in downloading such Work to its device and/or viewing/reading/listening to such Work on its device, provided that such device is technically sound and its parameters comply with the requirements for such file storage
8. Duration of the Contract- 8.1 The Contract shall enter into force upon acceptance by the Buyer and shall remain in force until the Parties have performed their obligations in full.
9. Force majeure- 9.1 The Parties shall be released from liability for partial or full failure to perform their obligations under this Agreement if such failure is a direct consequence of force majeure circumstances (force majeure) arising after the conclusion of this Agreement, as a result of extraordinary events, namely: fire, flood, hurricane and earthquake or the imposition of restrictions on the activities of either Party by public authorities and other similar circumstances, if such circumstances could neither have been anticipated by the Parties
10. Other conditions- 10.1. If any provision or part of a provision of the Contract is held invalid or unenforceable, the remaining provisions and parts of provisions of the Contract shall remain in full force and effect.
- 10.2 The parties have agreed to be guided by the Georgian legislation in force.
11. Dispute resolution- 11.1 Disputes and disagreements that may arise under this Agreement shall be resolved by complying with the pre-trial (complaint) procedure. The Seller shall review the claim within seven (7) calendar days of its receipt from the Buyer.
- 11.2 If the Parties fail to reach an agreement, these disputes and disagreements shall be settled in court in accordance with the applicable laws of Georgia.
12. Notification of personal data processing- 12.1 Personal data of the Buyer that can be processed by the Seller: information from social networks (VK ID; Odnoklassniki; Yandex; Google; Mail.ru; Twitter; Facebook); name, surname; bonus card information; newsletter preference information; e-mail address; user data.
- 12.2 Personal data will be processed in the following ways: collection; recording; systematisation; accumulation; storage; clarification (updating, modification); extraction; use; transfer (provision, access); blocking; deletion; destruction.
- 12.3 The Seller may use the Buyer's personal data to identify the Buyer, fulfil the terms of this Agreement; for registration and/or authorisation, clarification of payment data, provision of personalised services, feedback to the Buyer, processing applications and enquiries, performing statistical research and improving the quality of services rendered to the Buyer.
- 12.4 The Buyer's personal data shall be processed for the duration of this Agreement, unless otherwise provided by law.
- 12.5 The Seller's Policy on the Processing of Personal Data is available on the Seller's website.
- 12.6. The Buyer agrees to receive promotional information about the Seller's products by telephone, SMS, e-mail or other means of communication.