PUBLIC OFFER FOR SALE OF TICKETS TO THE CONFERENCES TO LEGAL ENTITIES
Smile-Expo LLC hereinafter referred to as the Contractor shall enter into this agreement with any LEGAL entity, hereinafter referred to as the Customer. This Agreement shall be a contract of adhesion and regulate relations between the Parties in accordance with Art. 435 and p. 2 of Art. 437 of the Civil Code of the Russian Federation.
1. TERMS AND DEFINITIONS USED IN THIS AGREEMENT
1.1. The Customer means a legal entity that has accepted in full and without exception, the terms and conditions of the offer (accepted the offer).
1.2. The Contractor means Smile-Expo Limited Liability Company.
1.3. The Order means a decision of the Customer to purchase Ticket to the Event at the price indicated on the website: http://ccsummit.ru/ (the Event website).
1.4. The Event means “Connected Car 2016” Conference, organized by Smile-Expo LLC. The information about the event can be found on the website. After the end of the Event duration period, the above-mentioned website domain can be used by the domain name owner for publication of the other information (not related to the Event). Thus, the information about the Event can be deleted from the referred domain name after the end of the Event duration period.
1.5. The Ticket means a right to visit Event, purchased for a payment made by the Customer to the Contractor (or a party appointed for this purpose by the Contractor). One ticket is valid for one individual only.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor shall organize and hold the Event and the Customer shall pay for visiting the Event on the prepayment basis (pay for Ticket (Tickets) for persons sent to visit the Event by the Customer).
2.2. The Event will take place on April 28, 2016 in Moscow.
2.3. The Event program is published on the website.
2.4. The Event visiting service is provided by the Contractor in relation to the person (persons) specified by the Customer in the Registration Form that should be filled out on the website for drawing the invoice by the Contractor to the Customer.
A person (persons) specified by the Customer in the Registration Form shall be called as the Event Visitor for the purposes of this Agreement.
2.5. The Service shall be rendered by the Contractor to the Visitor not individually but collectively with other visitors who also have entered into the Agreement with the Contractor regarding the Event visiting service.
The total number of the Event Visitors (individual) to whom the Event visiting service is provided at the same time shall be defined at the discretion of the Contractor.
2.6. The Event program published on the website is preliminary. Separate items of the Event program can be changed to the similar ones or excluded by the Contractor on a unilateral basis.
2.7. The acceptance of this Offer is admitted only when the Customer takes the series of following steps:
-filling out of the Registration Form on the Website;
-receiving of the invoice drawn by the Contractor;
- payment of the received invoice in full within the time period specified in the invoice.
2.8. The acceptance of the Customer shall be an unconditional acceptance of any terms and conditions of the present Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Contractor shall be obliged:
3.1.1. to organize the Event and, if necessary, on its behalf to conclude appropriate civil law contracts on services required by the Contractor to carry out the Event.
3.1.2. within 10 days upon making payment for the Ticket (Tickets)by the Customer, to provide the Customer by means of an e-mail, specified by the Customer, with the confirmation of payment for the Ticket (Tickets) for the Event in electronic form.
3.1.3. to inform the Customer on any changes and amendments regarding the Event (its Program) by posting information about changes on the Website.
3.1.4. to ensure presence of Contractor’s representative during the whole Event program.
3.1.5. not to disclose any personal information of the Customer and not to provide access to this information to third parties, except cases required by the law.
3.2. The Contractor shall have the right:
3.2.1. to change the program of the Event on a unilateral basis by posting appropriate information about changes on the Website.
3.2.2. to turn on and off the website, perform preventive maintenance on the server and other equipment used in website operation at any time convenient for the Contractor.
3.2.3. The Contractor shall reserve the right to refusal of Services provision in case of force majeure (p. 5 of the present Agreement).
3.2.4. The Contractor shall have the right to carry out mailing of information and promotional materials to the contact details of the Customer. By making payment (part of payment) hereunder, the Customer confirms its consent to receive information and promotional materials about goods / works / services offered by the Contractor and / or counterparties of the Contractor, as well as the information specifying materials previously sent by the Contractor. The Customer confirms its consent to receive from the Contractor (from any accounts being used by the Contractor) mailings, e-newsletters and other mailings (both individual and mass), carried out by the Contractor at its own discretion to inform about the industry news and /or advertise products / works / services offered by the Contractor and / or counterparties of the Contractor.
3.2.5. The Contractor shall have the right to take photographs, record audio and video of the whole Event and its visitors, in particular, on the territory of the Event.
The Contractor (its counterparties and authorized persons) can use the abovementioned photos, audio and video materials at its own discretion, including, but not limited to publishing them in printed issues, on websites, without receiving additional approval from the Customer/its representatives – Event visitors (that are present on photos/video during the Event on the Event territory) and without paying any compensations/charges to the Customer/its representatives– Event visitors.
Herewith, the Contractor (its counterparties and authorized persons) shall have the right to use the abovementioned photos, audio and video materials in the way stipulated in the previous paragraph, either without or without adding the Customer’s name subject to the Customer’s 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 the Customer’s and Visitors’ (whose Tickets are paid for by the Customer) consent with the Contractor’s rights specified in the present paragraph.
3.2.6. The Contractor shall have 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 the Customer’s and Visitors’ (whose Tickets are paid for by the Customer) consent with Contractor’s rights specified in this paragraph.
3.2.7. The Contractor shall be entitled to place on the Event website, as well as on the its pages in social networks, logo of the Customer having paid for the Event ticket, taking the specified logo from open sources on the Internet.
3.3. The Customer shall be obliged:
3.3.1. to specify the correct information about its data (including personal data of individuals for whom the Tickets are purchased). Should the Customer refuse to provide the necessary data, the Contractor shall have the right to refuse the Event visiting.
By paying for the invoice drawn by the Contractor, the Customer guarantees 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, the Customer shall bear individual responsibility for risks related to the absence of such consent from a certain individual.
3.3.2. not to send to the Contractor the Event visiting applications from the under the legal age persons. The Program of the Event and speakers’ presentations do not account limitations stipulated by the Russian Law regarding the information perceived by people under the age of 18 years.
3.3.3. After the end of the Event, to sign a rendered services acceptance certificate being issued by the Contractor, and to send it back to the Contractor within 10 (ten) business days.
3.3.4. At the request of the representatives of Smile-Expo LLC (employees with badges "Organizer"), or at the request of employees of other organizations, involved by Smile-Expo LLC (security staff in the reception area), to provide a document identifying the Visitor when passing from one area of the Event to the other, upon receipt of the badge (card), certifying the pass to the Event.
3.3.5. At the request of the representatives of Smile-Expo LLC (employees with badges "Organizer"), or at the request of employees of other organizations, involved by Smile-Expo LLC (security staff in the reception area), to provide a document identifying the Visitor upon any re-entry into the territory of the Event.
3.4. The Customer shall have the right:
3.4.1. to choose the payment method for the Ticket from those offered by Contractor on the website.
3.4.2. to check the information before sending the Application. The Customer shall bear full responsibility for authenticity and eligibility for data usage specified during filling out of the Application (including personal data of individuals for whom the Tickets are purchased).
3.4.3. to substitute one Visitor by another Visitor from the Customer’s part, not exceeding the quantity of purchased tickets. For this purpose, the Customer shall send data for substitution to firstname.lastname@example.org not less than 3 days before the Event.
3.4.4. to 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 the violation of the present Offer terms by the Contractor.
4. LIABILITY AND DISPUTES RESOLUTION
4.1. The Contractor shall not be liable for non-performance or improper performance of services on its part or on the part of the 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. The Contractor shall not be liable for the nonconformity of the Event with the Customer’s (Visitor’s) expectations and its subjective judgment.
4.3. The Contractor shall be entitled in case of violation of the public order by the Visitors / preventing by the Visitor the normal course of the Event Program / creating by the Visitor obstacles in the consumption of services by other visitors of the Event, to expel such Visitor from the Event Venue.
If the situation stipulated in this paragraph arises, the funds paid by the Customer shall not be returned to the Customer.
4.4. The Contractor shall not be liable for any Visitor’s personal belongings that get lost, damaged or fully or partially ruined in any other way at the Event. In such cases, the affected owner may (at its discretion) choose to approach to law enforcement authorities with corresponding requests in order to establish the truth and bring guilty persons to responsibility. The Visitors’ actions related to full or partial loss of personal belongings shall not disturb the 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. The 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 should settle a dispute in court at the location of the Contractor.
4.6. All other matters not provided in this Offer shall be governed by the acting legislation of the Russian Federation.
5. FORCE MAJEURE
5.1. The Parties shall not be responsible for the complete or partial failure to fulfil their obligations under the present Agreement if such failure has been 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, 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. The Customer shall be responsible for maintaining the confidentiality of its registration name (login) and password and for all activities performed under that name (login) and password.
6.2. The 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 THE CONTRACTOR
Legal address: 6 Barclay str., bld. 5, office 23k1, 121087, Moscow
Actual address: 10 Proletarskiy ave., office 703-703/1, 141100 Shchelkovo, Moscow region
Settlement account 40702810802680000759 with Alfa-Bank OJSC
Correspondent account 30101810200000000593
Sort code 044525593
Tel. +7 (495) 212-11-28