This document is a public offer to any adult and capable individual (hereinafter – the Customer) to conclude a Public Agreement for the provision of services on the terms determined by this document.
1. DEFINITION OF CONCEPTS AND THEIR INTERPRETATION
1.1. Terms and concepts used in this Agreement shall be used in the following meanings:
Acceptance is the provision of a full and unconditional response by the Customer to the Contractor's offer to conclude a Public Agreement for the provision of services with the Contractor by:
– placing the corresponding mark next to the corresponding item when filling out a special form; or
– making payment for the Contractor's services.
Contractor is an individual entrepreneur specified in this Agreement, who shall undertake to provide the Customer with the services provided for in this Agreement.
Customer is any adult and capable individual who has accepted the public offer.
Platform is a set of software tools used by the Contractor to provide the services provided for in this Agreement, which shall be additionally notified to the Customer.
Public Agreement is a transaction between the Contractor and the Customer on the provision of services to the latter on the terms set out in the public offer and which are the same for all Customers, from the moment of acceptance of the public offer by the Customer (hereinafter – the Agreement).
Public offer is the Contractor's offer, addressed to any individual, to conclude an agreement for the provision of services with him on the terms and conditions contained in this document and in accordance with the provisions of Article 641 of the Civil Code of Ukraine.
Website is a set of interconnected data (texts, graphic and design elements, photos, videos and other results of intellectual activity, computer programs) contained in an information system that shall ensure the availability of this information for end users and shall be placed at the link: https://healthclub.website/
Special form is a form that shall be filled out by the Customer on the Contractor's Website before the Customer pays for the Contractor's services.
Contractor's Page in a social network is a set of data (texts, graphic and design elements, photos, videos and other results of intellectual activity) posted by the Contractor on Instagram social network and available to end users at the link:
https://instagram.com/pavlenko.as
and (or) on Facebook social network and available to end users at the link: https://www.facebook.com/aleksandra.pavlenko.9
and (or) on YouTube video hosting found at the links:
https://www.youtube.com/@user-vf9dj1vy7l and
https://youtube.com/@pavlenkolegalgroup4578?si=POeLyWHDmO2m7k_t (hereinafter collectively – Pages in social networks, and each individually – Page in a social network).
Tariff is the cost of a certain amount of services provided by the Contractor to the Customer within a certain period.
1.2. The headings in this Agreement are for convenience only and shall not affect the interpretation of the clauses of the Agreement.
1.3. In the event that this Agreement uses terms and concepts not defined in this section of the Agreement, the interpretation of such term or concept shall be in accordance with the text of this Agreement. In the absence of an unambiguous interpretation of the term or concept, it is necessary to interpret this concept based on the norms of the current legislation of Ukraine.
2. ACCEPTANCE OF THE OFFER
2.1. The Agreement shall be deemed concluded without its subsequent signing from the moment the Contractor receives the Acceptance. By carrying out the Acceptance, the Customer also shall confirm that he fully understands and agrees with the terms of this Agreement.
2.2. The Contract shall be deemed concluded between the Contractor and the Customer (the offer shall be deemed accepted) at the moment of the Customer's Acceptance.
3. SUBJECT OF THE AGREEMENT
3.1. Under this Agreement, the Contractor shall undertake to provide services to the Customer, and the Customer shall undertake to accept and pay for them in the manner and on the terms determined by this Agreement.
3.2. Services in this Agreement shall mean:
3.2.1. information services that consist in providing access to materials and services posted on the Website and (or) on the Platform, or which shall be provided in real time, regarding a healthy lifestyle (nutrition, diet, daily schedule, sleep, physical activity, body functions, water, etc.) (hereinafter – information services); and/or
3.2.2. individual consulting services on a healthy lifestyle (nutrition, diet, daily schedule, sleep, physical activity, body functions, water, etc.) (hereinafter – consulting services).

3.3. The list and detailed description of the services shall be posted on the Website and (or) on the Pages in social networks.
3.4. The scope of services within different tariffs may vary.
3.5. The Contractor has the right to limit the number of seats at a certain tariff.
3.6. By paying for the Contractor's services, the Customer hereby shall confirm that he has read the description of the services and understands that not all tariffs include personal feedback from the Contractor.
4. COST OF SERVICES AND SETTLEMENT PROCEDURE
4.1. Current prices (tariffs) for the Contractor's services shall be posted on the Website and (or) on the Pages in social networks.
4.2. Settlements between the parties shall be carried out in a non-cash form, by making payment using payment instruments available on the Website or using the details provided by the Contractor, in accordance with the terms of this Agreement.
4.3. Payment for the Contractor's information services can be made:
4.3.1. by paying the full cost of the selected tariff on the terms of full advance payment; or
4.3.2. by paying in installments on the terms and in the manner determined by the Contractor's partner banks.
4.4. Payment for consulting services shall be made on the terms of full advance payment no later than 24 hours before the scheduled time of the provision of services.
4.5. The Contractor has the right not to provide the service to the Customer if the Customer has not paid for the cost of services in accordance with the selected tariff (price) in the manner and within the terms specified in this Agreement.
4.6. The Contractor has the right to temporarily suspend the provision of services to the Customer if the Customer delays the payment for the cost of the Contractor's services until the Customer repays the debt.
4.7. The Contractor has the right to unilaterally change the cost of services before the first payment by publishing a new price on the Website and (or) on the Pages in social networks.
4.8. According to the results of the provision of Services, the act of acceptance and transfer of services shall not be drawn up and signed by the Parties.
4.9. Changing the tariff plan after the beginning of the provision of services by the Contractor shall be allowed only by switching the Customer to a more expensive tariff. At the same time, the Customer shall immediately make an additional payment of the difference between the paid amount and the cost of the corresponding tariff. The Contractor has the right to refuse the Customer to switch to another tariff if there are no free seats on such a tariff.
5. PROCEDURE FOR PROVISION OF SERVICES
5.1. Procedure for provision of information services.
5.1.1. Provision of services by the Contractor shall include providing access to the Contractor's materials and services posted on the Website and (or) on the Platform, in particular to lesson recordings, under the conditions specified on the Website.
5.1.2. From the moment the Contractor gives the Customer access to the materials and services posted on the Website and (or) on the Platform, the service shall be deemed provided in full.
5.1.3. If the Customer has not got access to the materials and services posted on the Website and (or) on the Platform, he must immediately notify the Contractor about this by sending a letter to the e-mail address: kyivhealthclub.org@gmail.com.
5.1.4. Access to the materials and services posted on the Website and (or) on the Platform shall be terminated after the expiration of the period specified on the Website. Such period of access to the materials and services posted on the Website and (or) on the Platform may differ within the limits of different tariffs.
5.1.5. In the event that during the paid period, the Customer has never used the services of the Contractor or a specific service of the Contractor within the selected tariff, in particular, has not viewed the lesson recording, the money paid by the Customer shall not be refunded, including partially, and the access shall not be extended for another period.
5.1.6. In the event that the service shall be provided by the Contractor at a certain time specified on the Website, or about which the Customer was notified in another way, and the Customer did not use this service at the specified time, he has no right to request a re-provision of the service and (or) a refund.
5.1.7. After the expiration of the period of service provision specified on the Website and (or) on the Pages in social networks, requests for re-granting access to the materials shall not be accepted or considered by the Contractor.
5.2. Procedure for provision of consulting services.
5.2.1. The duration of the consultation shall be determined depending on the Customer's request.
5.2.2. The consultation shall begin at a time pre-determined by the Parties.
5.2.3. If the Customer did not connect online in time and missed the consultation service for more than 30 minutes, the consultation shall be deemed completed and the Customer does not have the right to request the postponement of such consultation to another time, and the money for such consultation shall not be refunded.
5.2.4. The Customer has the right to contact the Contractor no later than twenty-four hours before the scheduled time of providing the consulting service with a request to postpone the provision of the service to another time. In the event that the Customer does not comply with the deadline for notification of the postponement of the consultation, the money paid by the Customer for such a service shall not be refunded.
5.2.5. By accepting this Agreement, the Customer shall agree to provide the Contractor with medical information about himself. The Contractor shall undertake to take measures to ensure the confidentiality of such information.
5.2.6. The Customer shall provide the Contractor with a completed questionnaire and the results of the medical examinations requested by the Contractor no later than 3 calendar days before the scheduled date of provision of consulting services by the Contractor. In the case of failure to submit the questionnaire and the results of medical examinations, or the provision of the specified information and documents not in full, the Contractor has the right to refuse to provide services.
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The Customer has the right:
6.1.1. To receive the services provided for in this Agreement.
6.1.2. To demand the provision of quality services.
6.2. The customer shall:
6.2.1. Pay for the Contractor's services in full and on time.
6.2.2. Adequately fulfill all the terms of this Agreement.
6.2.3. Use the Platform's technical capabilities exclusively for legal purposes.
6.2.4. Not take any actions (in particular, using third-party software) aimed at disrupting the normal operation of the Website and (or) the Pages in social networks, and (or) the Platform.
6.2.5. Not use automated scripts (programs) to collect information on the Website and (or) on the Pages in social networks and (or) on the Platform and (or) to interact with the Pages in social networks and (or) with the Platform.
6.2.6. Use all the materials and services provided to the Customer exclusively for personal purposes and not transfer access to third parties.
6.2.7. Read the amendments and supplements to this Agreement.
6.2.8. Not reproduce, repeat or copy (except when copying for personal purposes is permitted by the Contractor), not sell, and not use the materials for any commercial purposes, and not transfer access to the received materials to third parties.
6.2.9. On the Website and (or) on the Platform and (or) on the Pages in social networks and (or) in the chat in the Telegram mobile application, refrain from actions regarding:
6.2.9.1. posting information that may incite religious, ethnic, racial, linguistic or other enmity;
6.2.9.2. posting information that may harm the honor and dignity of other persons or in any other way offend the Contractor or third parties;
6.2.9.3. the use of obscene language;
6.2.9.4. posting informative spam;
6.2.9.5. posting materials and (or) information that violates the intellectual property rights of others;
6.2.9.6. posting materials of an advertising nature, including about persons and their activities, which are related to the sphere of activity of the Contractor.
6.3. The Contractor has the right:
6.3.1. To postpone the provision of services by notifying the Customer about it.
6.3.2. To provide services personally or with the involvement of third parties without prior approval of the Customer.
6.3.3. To unilaterally make amendments and supplements to this Agreement unilaterally.
6.3.4. To make changes to the information posted on the Website and (or) on the Pages in social networks and (or) on the Platform without prior notice to the Customer.
6.3.5. To unilaterally terminate this Agreement, in the event that the Customer violates the terms of this Agreement.
6.4. The Contractor shall:
6.4.1. Provide the service on time and in full.
7. INTELLECTUAL PROPERTY
7.1. All information, photos, graphic images, texts, videos and other results of intellectual activity (objects of intellectual property rights) posted on the Website and (or) on the Page in the social network, and (or) on the Platform, and (or) that became available to the Customer in the process of providing services by the Contractor in accordance with this Agreement, shall be protected by intellectual property rights.
7.2. No intellectual property rights to intellectual property objects posted on the Pages in social networks and (or) on the Platform, and (or) that became available to the Customer in the process of providing services by the Contractor in accordance with this Agreement, shall not be transferred to the Customer as a result of receiving services or entering into this Agreement.
8. DURATION OF THE AGREEMENT. PROCEDURE AND CONDITIONS OF AGREEMENT TERMINATION.
8.1. This Agreement shall enter into force upon receipt of the acceptance by the Contractor and shall be valid until the Parties have fully performed their duties under this Agreement.
8.2. Unless otherwise expressly provided by this Agreement or the current legislation of Ukraine, this Agreement shall be terminated only by agreement of the Parties.
8.3. The Customer has the right to terminate this Agreement unilaterally by notifying the Contractor 2 (two) calendar days before the estimated date of termination of the Agreement. The refund of the funds paid by the Customer in such a case shall be carried out in the cases, in the amounts and in the manner provided for in Section 9 of this Agreement.
8.4. The Contractor has the right to terminate this Agreement unilaterally by immediately notifying the Customer in the following cases:
8.4.1. in case of violation of the terms of this Agreement by the Customer;
8.4.2. in case of violation of the Contractor's intellectual property rights by the Customer;
8.4.3. in case of incomplete or late payment for the Contractor's services by the Customer;
8.4.4. in case of violation of Clause 6.2.9 of this Agreement by the Customer.
8.5. Proper notification of the termination of this Agreement is sending an e-mail by the Party to the e-mail address. From the Contractor – kyivhealthclub.org@gmail.com, from the Customer – the e-mail address specified when filling out the Special Form.
8.6. Upon termination of this Agreement, regardless of who is the initiator of such termination, the Contractor has the right to terminate the Customer's access to the information and materials posted on the Website and (or) on the Platform.
9. REFUND PROCEDURE
9.1. The Customer has the right to refuse to receive services without explaining the reason before the start of the provision of information services. In this case, the funds paid by the Customer shall be refunded in full, except for the case provided for in clause 8.2 of this Agreement.
9.2. In the event that the Customer has made partial payment for the Contractor's services and refuses to receive the services provided by the Contractor in accordance with this Agreement, or refuses to pay for the Contractor's services in full, such partially paid funds shall not be subject to refund.
9.3. In the event that the Customer is able to download the materials and services posted on the Platform and (or) on the Website to his own device (in particular, but not exclusively, a computer, smartphone, tablet, etc.), the service shall be deemed provided in full, and the refusal from shall not be allowed, from the moment of granting the Customer access to download such materials and services.
9.4. In the event that the Customer refuses the Contractor's service, after completion of its provision, the funds paid by the Customer shall not be refunded.
9.5. The Customer has the right not later than 2 days before the scheduled date of provision of consulting services to refuse to receive such services without explaining the reason. In this case, the Contractor shall refund 50 percent of the funds paid by the Customer to the Customer.
9.6. To exercise his right to a refund in the cases provided for in this Agreement, the Customer shall send a corresponding letter to the Contractor at the e-mail address: kyivhealthclub.org@gmail.com.
9.7. In cases stipulated by this Agreement, the funds paid for the service shall be refunded within 30 calendar days from the moment of notification.
9.8. In order to exercise his right to refuse services and return funds provided for in this section of the Agreement, the Customer shall send the Contractor an application based on the sample provided by the Contractor in electronic and paper form, by sending it by the Nova Post delivery service to the address provided by the Contractor. The Customer bears the costs of sending the application to the Contractor.
10. LIABILITY
10.1. The Parties shall be responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the current legislation of Ukraine.
10.2. The Contractor shall not be responsible for the non-compliance of the provided service with the Customer's expectations.
10.3. The Customer shall assume responsibility for the use or non-use of the information received in the process of providing services.
10.4. The Contractor shall not be responsible for achieving results related to the practical application of information obtained in the process of providing the service provided by this Agreement by the Contractor.
10.5. The Contractor has the right to stop providing the services provided for in this Agreement to the Customer, in case of violation by the Customer of the Contractor's intellectual property rights, without compensation of the amount paid by the Customer. This does not deprive the Contractor of the right to compensation for damage caused by the violation of his intellectual property rights.
10.6. The Customer is warned that in the event of a violation of the Contractor's intellectual property rights, the Customer shall bear the responsibility provided for by the current legislation of Ukraine, namely administrative, criminal and civil liability.
10.7. The customer understands that the services provided under this Agreement are of an informational nature and shall not replace a doctor's consultation. In the case of having diseases, taking medicines, etc., the Customer shall undertake to consult a doctor before the practical application of the information obtained in the process of providing services by the Contractor.
10.8. The Contractor shall not guarantee the achievement by the Customer of any changes in the state of health of the Customer as a result of receiving the services provided for in this Agreement, including in the form of changes in the results of tests, improvement of the state of health, cure of some painful conditions, etc.
11. FORCE MAJEURE CIRCUMSTANCES
11.1. The Parties shall not be responsible for non-fulfillment or improper fulfillment of obligations under this Agreement if such non-fulfillment or incomplete fulfillment is the result of force majeure.
11.2. Circumstances of force majeure in this Agreement shall mean extraordinary and unavoidable circumstances that objectively make it impossible to fulfill the obligations stipulated in the terms of this Agreement, the list of which is contained in Part 2 of Article 14-1 of the Law of Ukraine On the Chambers of Commerce and Industry in Ukraine, as well as circumstances of a technical nature that lead to technical failures and disrupt the normal operation of the Platform.
11.3. The Party affected by force majeure circumstances must notify the other Party of their occurrence no later than 14 (fourteen) business days from the moment of occurrence of such circumstances.
11.4. After the expiration of the force majeure circumstances, the Party affected by them must notify the other Party of their termination within 14 (fourteen) business days, as well as notify the time during which such Party intends to fulfill its obligations.
11.5. Належним та достатнім підтвердженням дії форс-мажору щодо однієї зі Сторін є сертифікат щодо форс-мажорних обставин (обставин непереборної сили), виданий Торгово-промисловою палатою України.
12. DISPUTE RESOLUTION PROCEDURE AND APPLICABLE LAW
12.1. All misunderstandings, controversies and disputes that may arise between the Parties during the conclusion, interpretation or execution of this Agreement shall be resolved by the Parties through negotiations.
12.2. The Customer has the right to send a claim to the Contractor to the following e-mail: kyivhealthclub.org@gmail.com.
12.3. The term of consideration of the claim is 30 days.
12.4. In the event that the Parties have failed to resolve any misunderstandings, controversies and disputes through negotiations, they shall be resolved in court in accordance with the procedure established by the current legislation of Ukraine with the application of material and procedural norms of the legislation of Ukraine.
12.5. The current legislation of Ukraine shall be applied to this Agreement, including its interpretation, without applying the rules of conflict of law
13. OTHER PROVISIONS
13.1. If any of the provisions of this Agreement is declared invalid by any competent state authority of Ukraine, this will not affect the validity or possibility of fulfilling any other conditions of this Agreement that remain fully valid, unless otherwise provided by the legislation of Ukraine.
3.2. The Contractor has the right to unilaterally amend this Agreement without notifying the Customer.
13.3. Amendments to the Agreement shall enter into force from the moment they are posted on the Website.
13.4. If the Customer pays for the Contractor's services or performs other actions after making amendments to this Agreement, the Customer thereby shall agree with such amendments and give consent to the implementation of the terms of the Agreement in the new version.
13.5. By accepting this Agreement, the Customer shall also give the Contractor consent to the processing of his personal data for the purpose of fulfilling this Agreement.
13.6. The Customer gives his consent to send him information materials, in particular of a marketing nature, containing information about the activities of the Contractor.
13.7. In the event that the Customer leaves feedback, in particular privately (in messages) or publicly about cooperation with the Contractor, the Customer thereby shall give consent to the Contractor to use such feedback, including for the purpose of using such feedback for advertising purposes, indicating the name and page of the Customer in social networks.
Contractor details:
Individual entrepreneur Pavlenko Oleksandra Serhiivna
Tax number: 3023413048
IBAN: UA083052990000026005045018851
JSC CB "PRIVATBANK"