PUBLIC OFFER (AGREEMENT)
1. General Provisions
- 1.1. Epizode Limited Liability Company represented by Mr Andrey Vladimirovich Dedov, Chief Executive Officer (hereinafter referred to as the Contractor) does hereby offer a natural person (hereinafter referred to as the Customer) to enter into a contract of sale of a ticket to event held by the Contractor on the terms set forth herein below.
- 1.2. This deed shall be a public offer in terms of article 437 of the Civil Code of the Russian Federation and a natural person (hereinafter referred to as the Customer), accepting the terms set forth herein below, shall accept this offer, i.e. take a set of actions as per clause 2.2. hereof. In accordance with clause 438.3 of the Civil Code of the Russian Federation, taking the aforesaid actions shall mean the acceptance hereof, which shall be tantamount to the execution of a contract on the terms set forth herein. This offer shall not be irrevocable in terms of article 436 of the Civil Code of the Russian Federation and the Contractor may deny the purchase of the Ticket to the Customer should the latter disagree to the terms hereof.
- 1.3. For the purposes of this Offer, the following terms shall be interpreted as follows:
- • Offer shall mean a public offer of the Contractor to any natural person (individual) to enter into a purchase and sale contract with the Contractor (hereinafter referred to as the Contract) on terms provided in the Contract, including those set out in all appendices thereto.
- • Website shall mean www.epizode.com.
- • Contractor shall mean a company that sells the Tickets offered at the Website.
- • Customer shall mean a natural person, who has entered into the Contract with the Contractor on the terms set forth herein.
- • Event shall mean a series of entertainment occasions (concert programs, shows, performance of various artists, musical broadcasts, plays, exhibits) arranged by the Contractor for the period from December 31, 2017, to January 10, 2018 at VIETNAM, PHU QUOC ISLAND. Information of the Events shall be published at the Website.
- • Ticket shall mean an electronic document, containing a unique identification matrix code, acquirable for a fee, granting the right to enter the territory of the Event. One Ticket may only be used by one person and shall authorize him/her to visit only the Event specified in the Ticket.
- • Rules of Conduct shall mean the established rules of conduct at the Event, binding upon the Customer. Information of the Rules of Conduct shall be stated on the Ticket or at the Website, and also on information boards in the territory of the Event.
2. Subject of the Offer
- 2.1. The subject of this Offer shall consist in the sale of the Ticket to the Event to the Customer on the terms of the Offer published at the Website.
- 2.2. This Offer shall be deemed accepted once the Customer has taken all of the following steps:
- - signed up and signed in to the Website by any of the means offered,
- - completed the Ticket purchase form at the Website,
- - paid up the Ticket in full.
- 2.3. The Customer’s acceptance hereof shall mean that the Customer has unconditionally accepted the terms provided herein, for which reason the Customer is hereby suggested to familiarize himself/herself with the wording hereof and refuse to purchase the Ticket should he/she disagree to any of the terms set forth herein.
3. Rights and Obligations of the Parties
- 3.1. The Contractor shall:
- 3.1.1. Upon the acceptance hereof, issue the Ticket to the Event and serve it upon the Customer in accordance with the information provided by the Customer when completing the Ticket purchase form on the Website.
- 3.1.2. Inform the Customer of any changes and addenda made in respect of the Event by publishing the respective information at the Website.
- 3.1.3. Disclose no personal data of the Customer and ensure the protection thereof against unauthorized access thereto, except as otherwise provided by laws.
- 3.2. The Contractor may:
- 3.2.1. Demand from the Customer to agree to the terms hereof in full.
- 3.2.2. Assign its rights and obligations hereunder, including those regarding the acceptance of payments for the Tickets and arrangement of the Event, to any third party.
- 3.2.3. Unilaterally modify this Offer, change the cost of the Tickets, Rules of Conduct and program of the Event. The aforesaid changes shall become binding upon the Parties in Three (3) calendar days after the date of publishing thereof by the Contractor at the Website without any special notice served upon the Customer (the Contractor may, at its sole discretion, send in addition a special notice to the phone number or email address stated when purchasing the Ticket).
- 3.2.4. Use the Website in any manner whatsoever without prior notice to the Customer, make service breaks in the operation of the Website, including those caused by emergency.
- 3.2.5. Send information materials to the contact details of the Customer. By accepting this Offer, the Customer shall consent to the receipt of information materials disseminated by the Contractor at its sole discretion.
- 3.2.6. Deny the provision of services to the Customer should the Customer breach the Rules of Conduct at the Event.
- 3.2.7. Use audio and video records, as well as photo images, made by the Customer at the Event and published on the Internet, for all purposes.
- 3.3. The Customer shall:
- 3.3.1. Prior to the execution hereof, familiarize himself/herself with the terms of this Offer, cost of the Tickets and Rules of Conduct at the Event published at the Website, and later on visit the Website without the assistance or through the agency of any third party on a regular basis, by any means available to him/her, in order to be informed of any changes in the conditions of holding the Event.
- 3.3.2. Agree to the terms of this Offer and follow the same.
- 3.3.3. Provide comprehensive identification, contact and other information necessary for the Ticket to be issued and received, when completing the Ticket purchase form on the Website. In that case, a national passport of the Russian Federation, foreign passport of the Russian Federation, temporary identification document of the Russian Federation, military identification document of the Russian Federation and other identification documents provided for by the laws of the Russian Federation may serve as documents of identification of a citizen of the Russian Federation. The documents provided in article 10 of Federal Law No 115-ФЗ dated July 25, 2002, may serve as documents of identification of a foreign citizen and stateless person in the Russian Federation.
The Contractor may refuse to sell the Ticket should the Customer fail to provide the information required.
- 3.3.4. Pay the full cost of the Ticket as per the price thereof in effect as of the date of purchase published at the Website, as follows:
- - choose a method of payment (by bank card) on the payment page. VISA Inc and MasterCard WorldWide bank cards are eligible for payment,
- - enter the phone number provided when signing up (serving as an identifier), where required,
- - payment made with bank card is processed on the CREDIT BANK OF MOSCOW PJSC (Public Joint-Stock Company) login page, where the following details of bank card used to make payment shall be entered:
- 1. card type,
- 2. card number,
- 3. card valid through date (stated on the obverse of the card),
- 4. cardholder’s name (in Latin letters, the same as it is stated on the card),
- 5. CVC2/CVV2 (stated on the reverse of the card).
- - and then push the ‘PAY’ button.
The 3D Secure protocol shall be used to verify the cardholder’s identity in addition. If that technology is supported by your bank, you will be redirected to the server of your bank for additional authentication. Please contact your bank for additional information of additional authentication rules and methods. The secure processing of online payments via CREDIT BANK OF MOSCOW PJSC is proved with the international PCI DSS security certificate. Information is transmitted, using the SSL encryption technology.
Advice and recommendations for the purposes of making secure online payments with bank cards:
- - treat your bank cards with the same care as cash. Do not leave them in car, restaurant, store and other locations.
- - never disclose your card number to any natural persons or legal entities by phone,
- - always have available an emergency contact phone number to contact the bank that has issued your card, and also contact your bank immediately should your card be lost,
- - enter your card details when making purchases only. Do not disclose your card details by any other reasons,
- - check whether a secured SSL-connection has been established: address in the address line of your Web browser must begin with https:// and an image of the lock must appear in the lower right corner of your Web browser.
- 3.3.5. Receive the Ticket, print it out and exchange it in cash office of the Event for a special-purpose device to access the Event by producing a document of identification stated when purchasing the Ticket.
- 3.3.6. Follow the established Rules of Conduct at the Event.
- 3.4. The Customer may:
- 3.4.1. Purchase the Ticket at the Website for a price in effect as of the date of purchase. However, by using services of the Contractor, the Customer shall acknowledge his/her full and unconditional acceptance of the terms hereof, regardless of the method of purchase used.
- 3.4.2. Use any method of payment for the Ticket offered at the Website.
4. Return of the Tickets
- 4.1. The Customer may return the Ticket to the Contractor not later than December 15, 2017, provided that the Contractor has been reimbursed for costs incurred, net of 30% of the cost of the Ticket charged for the following actually provided services: provision of an opportunity to access a closed segment of the Website by way of signing up and signing in, personal data collection and processing, generation of the Ticket and delivery thereof to the Customer, settlement of payment transactions, and others.
- 4.2. The Contractor shall refund the Customer through the agency of third parties that accept payments for the Tickets, via the same method of online payment and according to the same payment details used by the Customer to make his/her payment.
- 4.3. The Customer shall be refunded for the Ticket after he/she has served an original written application for refund to the following address of the Contractor: 121248, Moscow, prosp.Kutuzovskiy, build.12, str.2, having attached thereto the documents, reliably proving that the Customer has actually entered into the Contract, and also enabling definitive identification of the applicant. No funds shall be returned should application be received after December 15, 2017.
- 4.4. Funds shall be returned within the deadlines established by resolution the Contractor. The Customer shall be informed of the contents thereof in a manner chosen by the Contractor at its sole discretion.
- 5.1. Any additional information in respect of the Tickets purchased may be received via the following email address of the Website technical support team: email@example.com.
- 5.2. The Customer shall incur liability for the reliability and validity of the data entered by him/her when purchasing the Ticket; for the confidentiality of his/her registration name (login) and password; for the security of an order-form and unique matrix code received.
- 5.3. The Contractor shall neither incur liability, nor reimburse for damages caused by unauthorized use of the identification data, order-form and unique matrix code of the Customer by any third party.
- 5.4. The Contractor shall incur no liability for non-provision or inadequate provision of services by the Contractor or any third party due to, inter alia, unreliability, insufficiency or late submission of supporting information of the Customer, and also if any terms hereof be otherwise breached by the Customer or any third party.
- 5.5. The Contractor shall incur no liability should the Customer fail to visit the Event by reasons beyond the control of the Contractor, and also for failure of the Event and its features to meet the expectations and perception of the Customer.
- 5.6. The Contractor shall incur no liability for damage to property, life or health of the Customer caused when he/she has visited the Event through no fault of the Contractor.
- 5.7. The Contractor shall incur no liability for non-fulfilment or late fulfilment of the Order should the delivery of the Ticket be delayed, failed or interrupted by reasons beyond the control of the Contractor, such as Internet provider failure, Customer’s email service failure, and others.
- 5.8. The Parties shall stick to the following mandatory pre-court dispute resolution procedure:
- 5.8.1. The Party concerned shall serve its written claim upon the other Party according to the postal details of the latter, having stated therein its reasonable and well-founded requests and attached thereto the documents, reliably proving the execution of the Contract, and also enabling definitive identification of the applicant. Claim shall be deemed received upon the receipt thereof by the Parties to the Contract (their respective authorized representatives).
- 5.8.2. The Party that has received the claim shall provide its response thereto within Forty-Five (45) business days after the receipt thereof.
- 5.8.3. Where the Party that has served its claim receives no response thereto from the other Party within the aforesaid deadline or the Parties fail to reach an accord in respect of disputes between them, such disputes shall be referred to a court at the location of the Contractor.
- 5.9. Events of force majeure:
- 5.9.1. The Parties shall incur no liability for non-performance or inadequate performance of their respective obligations hereunder due to events of force majeure.
- 5.9.2. The Parties have agreed that events of force majeure shall include flood, fire, earthquake and other natural disasters, war or hostilities, labour troubles, acts of terrorism, civil commotion, epidemics, bans and restrictions imposed on foreign trade in goods, services, mass unrest, malfunctions of communication lines, etc., and also illegal and other actions of third parties, entry into force of legislative and other normative acts of public authorities, including prohibitions to provide services set out in the Contract, effect of will expressed by third parties, legal or other circumstances the Parties could neither foresee, nor prevent that have arisen during the period from December 15, 2017, to January 10, 2018 and thereby prevented the Parties from the performance of their respective obligations hereunder.
- 5.9.3. The term assigned herein for the performance of obligations shall be extended accordingly should the aforesaid events take place during the aforesaid period and directly affect the progress in the performance of obligations hereunder. The Party unable to discharge obligations due to events mentioned herein above shall notify thereof the other Party in writing or via email without any further delay, but in any case – within Ten (10) days after the occurrence thereof.
- 5.9.4. The Contractor may terminate the Contract without reimbursing the Customer for damages should a delay in performance of obligations hereunder due to events of force majeure exceed one month.
- 5.10. Except as otherwise provided herein, the Parties shall be governed by the laws of the Russian Federation in effect.
Details of the Contractor:
121248, Moscow, prosp.Kutuzovskiy, build.12, str.2
OGRN (Primary State Registration Number) 1167746781740
INN (Taxpayer’s Identification Number) 9721011598