PUBLIC OFFER
This public offer posted on the Site / in the Chatbot (hereinafter - "Terms of Sale"), in accordance with Articles 633 and 641 of the Civil Code of Ukraine, and the fourth part of Article 11 of the Law on Electronic Commerce, is an official offer of GAMA CONSULTING LLC, 01014 , Kyiv, str. Mykola Solovtsova, bldg. 2, office 38/2, EDRPOU 44881440, (hereinafter - "GAMA CONSULTING"), addressed to an unspecified group of persons in advance, to enter into an electronic contract for the provision of services (hereinafter - the "Agreement"), contains the terms of the Agreement, including all essential terms of the Agreement, and regulates relations between the Client (you) and GAMA CONSULTING arising in connection with the conclusion and execution of the Agreement.
You must carefully read the Terms of Sale before placing an Order. The person who accepted (accepted) the Terms of Sale confirms that he has familiarized himself with and agrees with all their terms before accepting (acceptance), gives his full, unconditional, unconditional and final consent to the conclusion of the Agreement on the terms specified by the Terms of Sale, and also gives his full, unconditional, unconditional and final agreement to all terms and conditions of the Agreement set forth in the Terms of Sale, without any exceptions. If you do not agree with any provisions of the Terms of Sale, you may refuse to complete the Order.
1. Terms and definitions
In accordance with the purpose and objectives of these Terms of Sale and the Agreement, the following terms are used in the following meaning:
1.1. Site – site on the Internet at https://gama-consulting.com, which allows the Client to familiarize himself with the Terms of Sale and place an Order through the Site / Chatbot. Exclusive rights to this Site belong to GAMA CONSULTING.
1.2. Chatbot – a chatbot in the Telegram messenger with the ID @gamaconsulting, which allows the Client to review the Terms of Sale and place an Order through the Chatbot. Exclusive rights to this Chatbot belong to GAMA CONSULTING.
1.3. Client is a natural person who is a user of the Site / Chatbot and intends to order or has ordered Services using the Site / Chatbot.
1.4. Services – online consultations or telephone consultations by a GAMA CONSULTING specialist on the relevant subject of the Services. The topic of the Services can be (if available for selection on the Site / in the Chatbot): vitamin supplementation, consumption (taking) food and biologically active supplements, healthy nutrition, or any other topic that is available for selection by the Client on the Site / in the Chatbot. However, the term "Services" shall in no way include any health care services, including but not limited to those provided for in Section Q Section 86 of KVED-2010, or any other medical services that may be provided exclusively doctors / paramedics / other medical and pharmaceutical workers and specialists.
1.5. Order – the order of Services by the Client on the Site / in the Chatbot, which is carried out by the Client in the manner and under the conditions provided for in these Terms of Sale, as well as the list of Services ordered by the Client formed based on its results.
1.6. Parties – the Client and GAMA CONSULTING together (each individually a “Party”).
2. Subject and implementation of the Order
2.1. GAMA CONSULTING undertakes to provide the Client with the Services ordered by him, and the Client undertakes to pay GAMA CONSULTING for the Services ordered by him.
2.2. By placing an Order on the Site / in the Chatbot, the Client accepts (accepts) these Terms of Sale, agrees with the provisions of the Privacy Policy, and the Client also confirms that he is legally competent and has reached the age required in accordance with the legislation of Ukraine to conclude the Agreement.
2.3. The Site provides the Client with a free opportunity to search for information about the Services, get acquainted with the offers for the Services, the possibility to Order using the Site / Chatbot, as well as other functionalities.
2.4. By placing an Order on the Site / in the Chatbot, the Client concludes a Contract with GAMA CONSULTING on the terms of a public offer (Article 633 of the Civil Code of Ukraine), defined by these Terms of Sale.
2.5. The description of the Services and separate essential conditions for the implementation (provision) of the Services are indicated on the Site.
2.6. Placing an Order on the Site / in the Chatbot means the Client's agreement with all the conditions for the implementation (provision) of the Services.
2.7. The initial stage of the Order is the Client's independent completion of a special survey on the Site / Chatbot. According to the results of the survey, the Client is offered a number of Services to order.
2.8. The order made based on the results of the survey (on the basis of the proposed range of Services) has individually defined properties and can be used exclusively by the Client who completed the survey.
2.9. When placing an Order, the Client undertakes to provide the following information:
● own surname and first name;
● own e-mail address;
● own contact telephone number;
2.10. The Client is obliged to enter valid information about himself when placing an Order on the Site / in the Chatbot and when using the Site / Chatbot. Indication by the Client of unreliable, incorrect, non-existent phone numbers, e-mail address, name / surname of the Client, as well as other unreliable information is equated by GAMA CONSULTING to the Client's evasion of receiving the ordered Services and is grounds for termination of the Agreement (cancellation of the Order) by GAMA CONSULTING unilaterally.
2.11. GAMA CONSULTING has the right to block the Client's ability to place an Order in the event of repeated cancellation of Orders placed by the Client, as well as in the event the Client violates the terms of the Agreement.
2.12. Specifying by the Client unreliable, incorrect, non-existent phone numbers, e-mail address, name / surname of the Client, as well as other unreliable information, is not a basis for refunding money for the ordered Services in case of their prepayment.
2.13. By placing an Order on the Site / in the Chatbot, the Client agrees to receive: (a) e-mails / push-notifications that GAMA CONSULTING can send to the Client; and (b) SMS / Telegram / Viber / WhatsApp / Messenger messages to the number specified by the Client; and (c) calls to the number specified by the Client.
2.14. GAMA CONSULTING has the right to conduct incentive events on the Site / in the Chatbot / email newsletters / newsletters in messengers and / or SMS newsletters, which the Client familiarizes with using the relevant rules of the incentive event and / or through a visual change in the price of the Services in the relevant source.
2.15. Completion of the Order and its confirmation takes place in accordance with the procedure provided for in this clause 2.15. Terms of sale. After completing the creation of the Order (selecting the Services and entering all the data requested on the Site / in the Chatbot), the Client clicks the "Pay" / "Checkout" button. After that, the Client is sent to his e-mail address and / or to his phone number (using an SMS message) and / or in the Chatbot a one-time identifier, which has the form of an alphanumeric sequence (alphanumeric code), which the Client must enter in the appropriate field on the Site / in the Chatbot. The Client's entry of a one-time identifier in the appropriate field on the Site / in the Chatbot is a fact that confirms the acceptance (acceptance) of the Terms of Sale by the Client and the conclusion of the Agreement between the Client and GAMA CONSULTING on the terms established by these Terms of Sale. The contract is concluded from the moment the Client enters the one-time identifier in the corresponding field on the Site / in the Chatbot.
3. Payment of the Order
In accordance with the purpose and objectives of these Terms of Sale and the Agreement, the following terms are used in the following meaning:
1.1. Site – site on the Internet at https://gama-consulting.com, which allows the Client to familiarize himself with the Terms of Sale and place an Order through the Site / Chatbot. Exclusive rights to this Site belong to GAMA CONSULTING.
1.2. Chatbot – a chatbot in the Telegram messenger with the ID @gamaconsulting, which allows the Client to read the Terms of Sale and place an Order through the Chatbot. Exclusive rights to this Chatbot belong to GAMA CONSULTING.
1.3. Client is a natural person who is a user of the Site / Chatbot and intends to order or has ordered Services using the Site / Chatbot.
1.4. Services – online consultations or telephone consultations by a GAMA CONSULTING specialist on the relevant subject of the Services. The topic of the Services can be (if available for selection on the Site / in the Chatbot): vitamin supplementation, consumption (taking) food and biologically active supplements, healthy nutrition, or any other topic that is available for selection by the Client on the Site / in the Chatbot. However, the term "Services" shall in no way include any healthcare services, including but not limited to those provided for in Section Q Section 86 of the KVED-2010, or any other healthcare services that may be provided exclusively doctors / paramedics / other medical and pharmaceutical workers and specialists.
1.5. Order – the order of Services by the Client on the Site / in the Chatbot, which is carried out by the Client in the manner and under the conditions stipulated by these Terms of Sale, as well as the list of Services ordered by the Client formed based on its results.
1.6. Parties – the Client and GAMA CONSULTING together (each individually a “Party”).
4. Cancellation of the Order
4.1. GAMA CONSULTING has the right to terminate the Agreement (cancellation of the Order) unilaterally in the following cases:
4.1.1. if the Client has not paid for the Services ordered by him on time and/or in full; and/or
4.1.2. if GAMA CONSULTING failed to contact the Client using the contact details specified by the Client in the Order; and/or
4.1.3. if the Client is not satisfied with the consultation time (2 or more times); and/or
4.1.4. the Client's refusal of the Services in cases provided for by law; and/or
4.1.5. in other cases when GAMA CONSULTING cannot fulfill the Order / provide Services; and/or
4.1.6. the presence of other circumstances that prevent the execution of the Order / provision of Services in the agreed manner.
4.2. The client uses the rights granted to him and bears the obligations provided for him by the Law of Ukraine "On the Protection of Consumer Rights" and other current regulatory legal acts of Ukraine.
4.3. If the impossibility to fulfill the Order / provide the Services is due to the fault of the Client, he is obliged to pay GAMA CONSULTING the fee in full.
5. Conditions for receiving the Service
5.1. The method of obtaining the ordered Services is determined by the Client during the execution of the Order. Yes, the Client has the opportunity to choose one of the following methods of receiving the ordered Services:
5.1.1. counseling by phone; or
5.1.2. online counseling (including, but not limited to, video or audio communication).
5.2. The customer must receive the ordered Services in person. The client is responsible for his own actions or inaction regarding the receipt of the ordered Services and the related consequences.
5.3. GAMA CONSULTING is not responsible for the actions or inactions of the Client with regard to receiving the ordered Services, as well as for the risks associated with errors (including, but not limited to, errors in personal data) made by the Client.
5.4. When receiving the ordered Services, the Client has the right to make comments regarding the quality of the Services.
5.5. Services must be provided with high quality. High-quality provision of Services is considered to be such provision, when the Services are provided in accordance with the Client's Order, in full (outside the time limits of consultations), on the topic chosen by the Client and in a timely manner. The Services are not considered to be provided of poor quality if their shortcomings arose due to the actions or inaction of the Client.
6. Personal data and privacy policy
6.1. In the event that individual services of the Site / Chatbot require the entry of personal data, such personal data are stored and processed in accordance with the principles and rules of personal data processing provided for in accordance with the requirements of the Law of Ukraine dated 01.06.2010. No. 2297-VI "On the protection of personal data", which defines the procedure for processing personal data and measures to ensure the security of personal data.
6.2. Confidentiality of personal data is preserved, except in cases where the Client voluntarily provides information about himself for general access to an unlimited number of persons.
6.3. The Client's personal data will not be transferred to third parties, except in cases related to the implementation of current legislation or the execution of the Agreement.
6.4. GAMA CONSULTING takes the necessary organizational and technical measures to protect personal data from use not provided for in the Agreement.
6.5. By providing personal data on the Site / in the Chatbot, the Client agrees to the method of collection, use and other management of personal data specified in the GAMA CONSULTING Privacy Policy published on the Site, which is an integral part of these Terms of Sale and the Agreement.
7. Guarantees
7.1. Except for the warranties expressly stated in the Terms of Sale, GAMA CONSULTING does not provide any other express or implied warranties with respect to the Terms of Sale and/or the Agreement.
7.2. By accepting (accepting) the Terms of Sale, the Client confirms and guarantees to GAMA CONSULTING that:
7.2.1. The client specified valid data when placing the Order on the Site / in the Chatbot. The client is responsible for the reliability, relevance, completeness and compliance with the legislation of Ukraine of the provided information and the absence of claims by third parties regarding the provision of such information, as well as all related risks.
7.2.2. The client a) has fully familiarized himself with the provisions of the Terms of Sale; b) fully understands the subject of the Agreement; c) fully understands the meaning and consequences of his actions regarding the conclusion and execution of the Agreement; d) his expression of will regarding acceptance (acceptance) of the Terms of Sale and conclusion of the Contract is free and corresponds to his inner will.
7.2.3. The client has all the rights and powers necessary to accept (accept) the Terms of Sale and conclude and execute the Agreement.
7.2.4. The Client is aware that the Services ordered by him may not meet the specific goals of the Client and he has no objections / claims regarding such inconsistency.
7.2.5. The Customer assures that the phone number and email address provided by him are his personal phone number and email address, which he uses regularly and on a permanent basis.
7.3. The client declares, guarantees and undertakes:
7.3.1. Follow all applicable legislation, including laws and by-laws of state bodies, the jurisdiction of each of the Parties, as well as laws and by-laws of state bodies of Ukraine.
7.3.2. When performing the Agreement, the Client will not directly or indirectly participate in any actions prohibited by current legislation.
7.4. The parties confirm that all exclusive rights / rights to use any intellectual property objects, including software and databases, copyright and rights to means of individualization (as well as images, photographs, trademarks and trade name of GAMA CONSULTING, logos , any other GAMA CONSULTING content) are wholly owned by GAMA CONSULTING. At the same time, the Client is not granted the right to use intellectual property objects belonging to GAMA CONSULTING, unless otherwise provided by the Terms of Sale.
7.5. GAMA CONSULTING has the right to:
7.5.1. Modify the Site / Chatbot in order to improve its functioning, as well as add additional functionality and capabilities at any time. At the same time, GAMA CONSULTING reserves the right to release a new version of the Site / Chatbot at any time and for any reason, including for the purpose of meeting the needs of the Clients or the requirements of competitiveness in order to comply with the current legislation of Ukraine.
7.5.2. Carry out preventive and technical work to support the functionality of the Site / Chatbot, during which the operation of the Site / Chatbot will be temporarily suspended.
7.6. The Customer is prohibited, except for the cases stipulated by the Terms of Sale:
7.6.1. Rent, lease, transfer, resell, donate, exchange, distribute or otherwise use the Site / Chatbot or its copies, as well as distribute information about the intention to perform the actions listed above, by the Client or any other third parties.
7.6.2. Modify, merge, adapt, decompile, disassemble, modify, translate into other languages or in any other way change and use the Site / Chatbot or any of their components without the prior written permission of GAMA CONSULTING to carry out these actions.
7.6.3. Create derivative works based on the Site / Chatbot in the absence of prior written permission from GAMA CONSULTING to carry out these actions.
7.6.4. Take any action that may damage, disable, overload the Site / Chatbot or disrupt the functioning of the Site / Chatbot in any way.
7.6.5. Use the Site / Chatbot in any way that violates these Terms of Sale, any applicable local, national or international law, any other GAMA CONSULTING terms and policies.
7.6.6. Use the Site / Chatbot to intentionally violate the law and / or disrupt the normal operation of the Site / Chatbot.
7.6.7. Transfer your rights and/or obligations under the Agreement to any third party without the prior written consent of GAMA CONSULTING.
7.6.8. Reproduce, distribute, process for commercial or non-commercial purposes elements of the Site / Chatbot that are subject to copyright / exclusive and other rights of GAMA CONSULTING, in the absence of prior written permission of GAMA CONSULTING to carry out these actions.
7.6.9. Reproduce elements of the design or interface of the Site / Chatbot when creating sites / chatbots or conducting any commercial activity on the Internet or outside it, in the absence of GAMA CONSULTING's prior written permission to carry out these actions.
8. Liability of the parties and limitation of liability
8.1. GAMA CONSULTING does not carry out medical activities and does not provide the Client with medical services, including those aimed at the prevention, diagnosis and treatment of diseases. All information posted on the Site / in the Chatbot and the information provided to the Client during consultations by a GAMA CONSULTING specialist is for informational purposes only and cannot replace medical consultations. At the same time, the information posted on the Site / in the Chatbot and the information provided to the Client during consultations by a GAMA CONSULTING specialist are not information about the Client's state of health and do not indicate the Client's diagnosis and method of treatment.
8.2. Consultation with a GAMA CONSULTING specialist does not exclude the need for the Client to consult a doctor for medical assistance; recommendations of a GAMA CONSULTING specialist are not medical assistance.
8.3. Due to the fact that the reactions of the body to food and biologically active additives (supplements/vitamins / minerals/nutraceuticals, etc.), other products and / or substances, may differ in each person, including depending on personal intolerance of components and / or allergic reactions, before taking any food and biologically active supplements, other products and / or substances, the Client is obliged to consult a doctor for the most effective results and in order to avoid possible negative effects on health. In case of questions regarding the recommendations proposed by the GAMA CONSULTING specialist, the Client should consult a doctor and contact GAMA CONSULTING.
8.4. When choosing and taking food and biologically active supplements, other products and / or substances, the Client undertakes not to self-diagnose the state of health, and not to independently determine diseases and methods of their treatment. When the Client fills out a survey on the Site / in the Chatbot, GAMA CONSULTING assumes that the Client provides reliable information, confirmed by a doctor. GAMA CONSULTING is not responsible for the authenticity and confirmation by the doctor of any information provided by the Client on the Site / Chatbot. Recommendations regarding the intake of food and biologically active supplements, other products and / or substances are not subject to use by the Client for any medical purposes, including the prevention, diagnosis and treatment of diseases.
8.5. The information on the Site / in the Chatbot and the information provided to the Client during consultations by a GAMA CONSULTING specialist do not cover the diagnosis of diseases, ailments, physical ailments or methods of their treatment. The client should immediately consult a doctor with the appearance of any concerns about
your health or any symptoms of illness. The client undertakes not to neglect or postpone any medical consultations based on the information he can get on the Site / Chatbot, as well as during consultations with a GAMA CONSULTING specialist.
8.6. In case of disagreements about the intake of food and biologically active additives, other products and / or substances, on the packaging and recommendations of a GAMA CONSULTING specialist, the Client is obliged to contact GAMA CONSULTING or proceed from the information posted on the packaging.
8.7. The Client is obliged to consult a doctor about the interaction between the medicines he is taking and any nutritional and biologically active supplements, other products and / or substances for which the Client received advice from GAMA CONSULTING, as well as about the risk of allergies or any - any other impact on health.
8.8. Evaluations of nutritional and biologically active supplements, other products and/or substances by any current or former employees or users of the Site/Chatbot are solely their own personal views and are not intended to replace appropriate medical care or medical advice.
8.9. GAMA CONSULTING is not responsible for any losses and/or damage caused to the Client when using the Site/Chatbot, their functionality, and information received by the Client on the Site/Chatbot or during consultations with a GAMA CONSULTING specialist, in the case of their use by the Client for the treatment of diseases , the implementation of medical diagnostics and other medical purposes, as well as in the event of any adverse and / or negative reactions of the Client's body to food and biologically active additives (supplements / vitamins / minerals/nutraceuticals, etc.), other products and / or substances, as well as in cases where such losses and/or damages are caused to the Client due to the fact that the Client did not consult a doctor.
8.10. All comments and feedback of users of the Site / Chatbot posted on the Site are their personal points of view based on their individual situation and experience, for the reliability of which GAMA CONSULTING bears no responsibility.
8.11. In any case, the amount of damages that can be compensated to the Client in connection with the violation of the Agreement is limited to 10% (ten percent) of the price of the Agreement, based on the violation of which such damages arose.
8.12. GAMA CONSULTING is not responsible for:
8.12.1. Temporary failures and interruptions in the operation of the Site / Chatbot, and the resulting loss of information, as well as the preservation of information, the correctness and timeliness of its transmission and delivery.
8.12.2. Reliability, quality, and speed of operation of the Site / Chatbot and for the preservation of information created, used, and received by the Client.
8.13. Unless proven otherwise by the Client, any actions taken using the information that identifies him are deemed to have been carried out by the respective Client personally.
8.14. The Parties are released from responsibility for partial or complete non-fulfillment of obligations under the Agreement, if this non-fulfillment was the result of force majeure circumstances that arose after the conclusion of the Agreement, which the Parties could not foresee or prevent, and which directly affect the ability to fulfill their own obligations Parties. Circumstances of force majeure include natural disasters, man-made accidents and disasters, war and military actions, entry into force of prohibitory regulations, errors in software and related to the operation of the Site / Chatbot, virus attacks and placement of malicious code that destabilize the operation Site / Chatbot. After the cessation of force majeure circumstances, the Parties are responsible for fulfilling their obligations under the Agreement.
9. Additional conditions
9.1. The terms of sale and the Agreement are regulated by the current legislation of Ukraine. All issues that are not regulated by the Terms of Sale and the Agreement, or are not regulated in full, are regulated in accordance with the legislation of Ukraine. All disputes and disagreements between the Parties must be resolved through negotiations. If the Parties do not reach an agreement, the dispute shall be considered by a competent court of Ukraine.
9.2. Terms of sale come into force from the moment of their publication on the Site.
9.3. GAMA CONSULTING may change the Terms of Sale at any time unilaterally at its sole discretion without special notice. Changes take effect from the moment the updated edition is posted on the Site.
9.4. If any provision of the Terms of Sale and/or the Agreement is held to be invalid or void, the remaining provisions shall not be affected and every other provision of the Terms of Sale and/or the Agreement shall be valid and enforceable to the fullest extent permitted by law. Any invalid or void provision of the Terms of Sale and/or the Agreement may be replaced by GAMA CONSULTING unilaterally with a provision that is valid and enforceable and most closely reflects the original intent of the provision deemed invalid or void.
9.5. The contract is concluded in electronic form. The electronic form of the Agreement is equivalent to the written form.
9.6. The Agreement is valid from the moment of its conclusion by the procedure established by these Terms of Sale and is valid until the Parties fully fulfill their obligations under the Agreement, except for cases of unilateral termination of the Agreement (cancellation of the Order) provided for by these Terms of Sale.
9.7. The contract can be terminated by agreement of the Parties. GAMA CONSULTING may terminate the Agreement (cancel the Order) unilaterally in the cases provided for in these Terms of Sale.
9.8. The contract is a complete agreement between GAMA CONSULTING and the Client. GAMA CONSULTING does not assume any conditions and obligations not specified in the Terms of Sale.
9.9. The section headings used in the Terms of Sale are for convenience only and should not be used in the interpretation of the terms of sale and/or the Agreement.
10. DETAILS OF GAMA CONSULTING
Name: "GAMA CONSULTING" LIMITED LIABILITY COMPANY
EDRPOU code: 44881440
Legal address: Ukraine, 01014, city of Kyiv, str. Mykola Solovtsova, building 2,
office 38/2
Email: info@gamaconsulting.com.ua