1. CONTRACT PREAMBLE
1.1 Before using this Website, we ask you to carefully read the terms set forth in the public offer agreement (hereinafter “Agreement”). This Agreement contains important information regarding the use of the Website, as well as important information and disclaimers regarding the provision of services that you can receive through this Website. You are obligated to familiarize yourself with this Agreement before each use of the Website.
This Agreement automatically comes into effect from the moment you agree to it, by checking the corresponding box on the payment page on the website.
1.2 If you do not agree with the terms set out in the Agreement, you must not use the Website and leave it if possible.
2. TERMS AND DEFINITIONS
2.1. “Company,” “we” — “Transfers France,” which is owned by the company “WOW-PARIS,” presided over by Petro Solianyk, located in France at: 8 Allée des Peupliers, 78390 Bois-d’Arcy, — the company that holds the proprietary and non-proprietary rights to the Website and is vested with the rights and obligations under this Agreement. “Company” may also refer collectively or separately to partner companies or other affiliated entities that have the right to provide services under this Agreement and are authorized to accept payments for services from Clients.
2.2. “You,” “Client,” “User,” “Buyer,” “Passenger,” “Tourist” — an individual using the Website and/or making a Booking under the terms defined in this Agreement and being a party to this Agreement and/or the service agreement with the corresponding Service Provider.
2.3. “Website” — open for public viewing by any person, publicly available website owned by the Company, located on the Internet at https://transfers-france.com, together with all pages, subdomains, and software through which the following is provided:
• display of information for Users about Services;
• providing the technical ability to create a Booking/Order through the Booking System available on this Website under the conditions of the Agreement.
2.4. “Acceptance of Offer” — the User’s response to accept this Agreement by performing the following actions:
• registration or authorization on the Website;
• creating a Booking or Paying for Services.
Acceptance of the offer means the complete unconditional and unaltered acceptance by the User of the terms outlined in the Agreement. Acceptance of the offer results in legal consequences for the parties in accordance with the terms set out in the Agreement.
2.5. “Service” — a set of actions provided to the Client by the Company/Service Provider after payment or booking. The scope of the Service and the beginning of its provision are selected by the Client independently when creating a Booking from the options offered on the Website.
2.6. “Service Provider or Organizer” — the entity acting as the direct seller of the Service or providing tourism, leisure, and other Services available on the Website. The Service Provider may be the Company itself or another entity acting as an intermediary in providing Services under partner/agency/sub-agency and other agreements with the Company.
2.7. “Service Rules” — the terms of the Service Providers according to which booking, purchase, usage, cancellation, modification, and/or return of the corresponding Service is carried out and which must be read, agreed upon, and followed by Users.
2.8. “Payment System / Acquiring” — a payment organization, participants in the payment system, and a set of relations that arise between them when transferring funds from Buyers for services to the Company’s account.
3. GENERAL TERMS OF THE AGREEMENT
3.1. Subject of the Agreement. The subject of this Agreement is the provision of services by the Company for booking, arranging, selling Services, and providing other Additional services by the Company using the technical capabilities of the Website.
3.2. Acceptance of the Agreement. If you continue using this Website and/or register on the Website, and/or create a Booking or order Services, you:
3.2.1. unconditionally, fully, and without any changes accept the terms set forth in this Agreement, i.e., make the Acceptance of the offer and understand the consequences of using this Website; and
3.2.2. confirm that you are familiar with the terms of this Agreement and agree to act strictly in accordance with these terms when using the Website and creating Orders, and in case of violations of the specified terms, agree that the Company has the right to take all necessary measures to eliminate violations and protect its rights in accordance with the terms of this Agreement and applicable law; and
3.2.3. agree to the collection and processing of your personal data in accordance with the terms of personal data protection (privacy policies);
3.3. Changes to the Agreement. The Company may, at its discretion, make changes to the terms of this Agreement from time to time. The Company will publish changes on this Website, indicating the date of the last revision of this Agreement. The Company has no obligation to notify you of changes to the Agreement other than publishing them on this Website. Changes take effect from the date the Agreement is published on the Website. You are obligated to independently check for updates to the Agreement and its latest version. You acknowledge and agree that your express acceptance of this Agreement and/or use of this Website after the date of publication of changes will mean your full and unconditional consent to the amended terms of the Agreement. If you do not accept the amended terms of the Agreement, you must stop using the Website.
3.4. In some cases, this Website may be used as a technology platform, marketplace, and/or advertising space for third-party services. In such cases, the Company acts solely as an operator of the Website and under no circumstances is an agent of such an external partner whose services are available through the Website and bears no responsibility for its actions or inactions. These service providers act under a separate service agreement. The Company may act as a Client’s agent and assist in booking third-party services on behalf and under the direction of the Client, resulting in a contractual relationship directly between the Client and such third-party Service Provider, and such relationships are governed solely by the agreement between the Client and such provider.
4. TERMS AND CONDITIONS OF USE OF THE WEBSITE
4.1. Terms and Warnings Regarding Use of the Website. If you continue to use this Website, you agree to the following mandatory terms and warnings regarding the use of the Website:
4.1.1. You are an individual who has reached the age of 18 (eighteen), has full legal capacity, and is capable of entering into contractual relations with the Company / Service Providers and third parties under the terms of the Agreement.
4.1.2. You agree to use the Website solely for your personal needs and in accordance with the terms of the Agreement and applicable law.
4.1.3. You agree to create Service Orders and use the Services under the terms of this Agreement and the information obtained under this Agreement.
4.1.4. You acknowledge and agree that any information on the Website, the Services of the Website, and the Booking System are provided to you on an “as is and as available” basis. You agree that you independently and consciously make the choice of services and are responsible for all your actions and omissions based on the information posted on the Website, as well as the information provided by the Company. Before making any decisions, you agree to independently study all available information about the services (including the one referring to external sources of information).
4.1.5. Your Data. You confirm that all the information provided by you on this Website, including the information entered during registration and/or booking, is accurate, current, up-to-date, and complete. You confirm that all information about third parties specified by you when creating an Order is also accurate, current, up-to-date, and complete. You agree to check the accuracy of the data before confirming the Order and its payment. You are fully and solely responsible for the information submitted by you in the Booking System to create and pay for the Order. The information you provide for receiving Services, including personal and other data of the Client/Recipient, is entered by you independently.
4.1.6. Reviews. You confirm and agree that reviews left by you on the Website or sent to the Company, or left by you on any web resource, in any social networks directly or indirectly related to the Company, may be publicly available and published on the Website, any other web resource, in any social networks on your behalf for the purpose of informing other people about your opinion regarding the Company’s services. You are fully and solely responsible for leaving reviews and must not include in them: obscene language or information that violates public order or the rights of other people; information obtained in violation of intellectual property rights, or obtained unlawfully; advertising and marketing materials of third parties, calls to participate in loyalty programs, and other incentives.
4.1.7. Means of Communication. You agree to the use of electronic means of communication, including: email, SMS messages (hereinafter collectively or separately referred to as: SMS, push notifications, WhatsApp messages, or messages of another type or method of transmission to the phone number specified by you on the Website) in the process of using the Website. For the correct creation of Orders and receipt of Services, you must provide the correct (accurate) email address and the correct (accurate) mobile phone number. You are fully and solely responsible for providing such data.
The Company is not obligated to verify and is not responsible for any incorrect or erroneously entered email address or incorrect mobile phone number, or your email service settings (spam filters, etc.), and accordingly for not receiving notifications regarding the creation of the Booking or ordering Additional Services from the Company.
Changes and corrections of errors in the email address or mobile phone number (if such a technical possibility is available on the Website) are made by the User independently or, if possible, by the Company’s customer support service based on the User’s request and their identification.
In case the Company sends letters, messages, notifications to the email address or mobile phone number specified by you during the creation of the Order/registration on the Website, which is incorrect (or entered with an error), you are fully and solely responsible, including legally, and bear the risks associated with possible consequences of using an incorrect email address/incorrect mobile phone number, including actions by third parties.
4.1.8. You may send all your questions, comments, suggestions, reviews, and claims to the Company via email or the feedback form available on the Website. The Company does its best to respond to you as soon as possible.
4.1.9. Legitimacy of Electronic Messages and Booking System Data. You agree and confirm that all messages sent to you using electronic means of communication, or by customer support services based on your request, are equivalent to communication on paper media; and all electronic and system data stored in the Company’s Booking System, together or separately, are mandatory, proper, and sufficient evidence for resolving possible claims/disputes arising from or in connection with the fulfillment of this Agreement.
4.1.10. Actions on Behalf of Third Parties. You agree to use this Website and the services available through the Website only for yourself or for other persons on whose behalf you have the legal right to act and acquire the appropriate rights and obligations. By doing so, you confirm that such other persons have authorized you, and you have the legal right to make a choice and purchase the Company’s Services on their behalf, and to consent to the processing of their personal data necessary for the Order and use of services.
You agree to inform such persons in a timely and complete manner before the Booking is made of the terms of this Agreement, the reservations specified therein, including all the Service Rules and restrictions that may apply to them regarding the order, purchase, and use of the selected services. Responsibility for the consequences caused by such failure to inform, as well as for the actions of such individuals caused by such failure to inform, rests solely with the Buyer.
Before creating a Booking on behalf of and in favor of such individuals, you agree to inform them that they are not a party to the transaction between you and the Company under this Agreement and do not have the right to make any financial claims, lawsuits, or other complaints against the Company regarding the services ordered by you through this Website.
Such persons must be notified by the Buyer and give their full and unconditional consent that all communication regarding the ordered services will take place through your email/phone number. You agree to promptly and fully notify the persons on whose behalf you act of any changes/cancellations regarding the ordered services, and of any information about the ordered services received by you via email or SMS message, or another agreed method. Responsibility for the consequences caused by such failure to inform, as well as for the actions of such individuals caused by such failure to inform, rests solely with the Client.
4.1.11. Changing Information on the Website. The Company reserves the right, at its discretion, at any time to: add new and/or reduce existing Company Services, Service Providers, Additional Services, Website Services, and functionality; change the design; loyalty program rules; add/remove payment methods available for Orders on the Website; make changes to Service costs; set and/or make changes to the amounts of Service Fees and the cost of Additional Services charged during registration, purchase, cancellation, modification, return of Services. The Website may contain certain inaccuracies and outdated information that is not up to date and is provided for reference only.
4.1.12. Error Correction. The Company reserves the right to correct any errors (including financial information) on the Website and in the Orders (both paid and unpaid). If the Service cost was indicated incorrectly in your Order, you will be offered (if possible): to make changes to the Order by replacing the incorrect (wrong) Service cost with the correct (right) one; or to cancel the Order without imposing any penalties.
4.1.13. Prohibited and Fraudulent Actions. You agree not to use any software designed to damage the Website’s infrastructure, disrupt its timely and proper functioning; violate any HTTP header restrictions of the Website’s address bar, attempt to intercept any data and personal information processed by the Website; perform actions that cause excessive load on the Website’s infrastructure, monitoring, automated information extraction, or copying any data and information from this Website, frame, mirror, or otherwise interfere with the Website’s operation by any means, and for any purpose.
You confirm and agree that the terms of use of the Website prohibit the simultaneous creation of multiple accounts, deliberate misrepresentation of personal data, impersonating another person, creating fictitious Bookings or Orders, etc. Any fraud (attempts of fraud) regarding the use of the Website and payment processing by bank cards on the Website is investigated, and those responsible are brought to justice in accordance with the requirements of local and international law.
4.1.14. Restricted Access to the Website. You agree that the Company has the right, at its discretion, to refuse anyone access to this Website, creating Service Orders, suspend access to the Website, and ordering services by blocking access to the Website and/or deleting an already created account to conduct planned and unscheduled technical and preventive work, or in case the User violates the terms of this Agreement at any time and for any reason, without explanation and prior notice.
5. SERVICE PROVISION RULES
5.1. Compliance with Service Provision Rules. By placing an Order, the Buyer and the persons specified in the Order acknowledge and agree to all the terms of this Agreement. Any violation of any terms of this Agreement may result in the cancellation of the Booking; denial of access to purchased services without refund of the amounts paid for them; withholding of the advance payment made by you without refund; and compensation at your expense for all damages incurred by the Company or the Service Provider as a result of such violation in accordance with the terms of this Agreement.
Placing a check mark (“tick”) in the special field when creating an Order is sufficient evidence of familiarity and agreement with the terms listed in this Agreement, including sufficient evidence in any form of legal proceedings. Creating an Order and placing the appropriate mark (“tick”) nominally, without actually familiarizing yourself with the terms listed in this Agreement, may lead to adverse consequences for the Customer. Placing the appropriate mark (“tick”) in the special dialog box field when creating an Order to confirm familiarity and agreement with the terms of this Agreement is an unconditional and integral part of creating an Order. The Company, in any case, recommends familiarizing yourself with all the terms of this Agreement before placing an Order.
5.2. Choice of Services. All stages of creating an Order: selecting the date, start time, number of guests, payment method, and other data (if provided by the service) — are exclusively the independent and conscious choice of the Customer. The information entered by the Customer when creating the Order is automatically recorded in the Booking System for further confirmation of the Order and the provision of services.
5.2.1. After successful booking or payment of the service, the Booking System automatically transfers your personal data and order information to the Service Provider. In addition, booking information is automatically sent to the email address you provided when creating the order.
5.2.2. If your personal information and order details are available, the Service Provider may contact you to clarify the details of your order. Warning: under no circumstances should you transfer funds directly to the Service Provider in advance. To protect your interests and money, use the services of this site and adhere to the terms of this agreement.
5.2.3. Start of Service Use (Reception). Customers must arrive at the place of Service provision on time and are solely responsible for failure to appear or lateness to the place of Service provision or inability to use the Service due to non-compliance with the terms of this Agreement or the Service Provision Rules.
5.2.4. In the event of service cancellation by the Service Provider, the Company undertakes to inform the Customer before the start of the service and to return 100% of the paid amount for the Service (only in the case of payment made by the Customer) within 20 calendar days. If the Customer has chosen cash as the payment method, they will be notified of the service cancellation by the Company.
5.2.5. Compliance with customs and border formalities and availability of documents for using services. Customers are fully responsible for the preparation, availability, and proper execution of visas and documents necessary for crossing the border; timely submission to the Company of passport, visa, and other information if required by the Company or the Service Provider.
6. GENERAL RULES: ORDERS
6.1. General Rules. Orders
6.1.1. By placing an Order on the Website, the Buyer is required to provide their personal data:
• first name;
• last name;
• email address;
• mobile phone number.
The list of data required to create an Order on the Website may be changed by the Company at its discretion.
6.1.2. Customers whose personal data specified in the Order do not match those in the identity document may be denied access to the Service.
6.1.3. When placing an Order, you must fill in all fields marked as “mandatory” in the Booking System.
6.1.4. Data Changes in the Order. Please be careful when filling in data when placing an Order. The Company makes every effort to verify the information you provide when placing an Order but does not and cannot bear responsibility and related damages for incorrect, incomplete, or inaccurate filling in of personal and other Customer data.
6.1.5. Order Confirmation. All confirmed Orders and their status are available for viewing in the “My Orders” section. We recommend refreshing the browser page after completing the selected action on the Website each time to receive up-to-date information on your Order status.
After your Order is processed by the Booking System, you may receive a message about its status via email and/or mobile phone at the discretion of the Company or Service Provider.
The Order is considered properly confirmed by the Company in full: from the moment information about the paid Order or confirmed Booking is displayed on the Website.
6.1.6. Electronic Digital Document/Form for the selected type of Service is sent to the Buyer at their email address specified when placing the Order. The electronic digital document for the selected type of Service certifies the purchase of the Service or its Booking and confirms the right of the persons specified in the document to use the Service from the selected Service Provider. The Company is not obligated to send any electronic digital documents until full payment is received from the Buyer if such payment is provided for the selected Service.
7. GENERAL RULES: PAYMENT BY BANK CARD AND CASH
7.1. For processing all transactions on the website, the company uses the services of Stripe. All bank data you provide on the site is processed by Stripe. We, “Transfers France,” do not store or process your payment information for any payments on the site. You can review the rules for processing your payment data on the official Stripe website at: https://stripe.com/en-fr.
7.2. Payment Method Selection and Payment Data. The Buyer independently chooses a convenient payment method for the Order from the options available for the given Service and type of Service on the Website at the time of payment. The Company reserves the right to provide you with one or several payment methods for the Order. The Company has the right at any time and at its discretion to change or delete any payment methods on the Website without any obligation to provide notice or amend this Agreement.
7.3. General Rules. Payment by Bank Card.
7.3.1. Payment by Credit Card. When selecting payment by credit card, the Buyer provides information related to payment cards, namely:
• card number;
• expiration date;
• CVC/CVV code;
• cardholder name;
• billing address (if necessary);
• email address (if necessary).
The Buyer consents to the Payment System processing their personal and payment data to transfer funds for the selected Service.
By choosing and confirming the payment method for the Order, the Buyer authorizes the Payment System to debit the full amount of the Order, specified on the Website, from the selected credit card through the chosen payment method, including Service Fees, commissions, applicable charges for money transfers, currency conversion, and exchange rate differences applied to the Order payment.
The Company has the right to request a bank statement from you, and you are obligated to provide it for resolving financial disputes related to Service payment, refunding funds due to cancellation of Services, and resolving other financial disputes.
7.3.2. Sufficient Funds for Payment. At the time of Order confirmation using a credit card, the Buyer must have sufficient funds to cover the full cost of the Order, considering any additional expenses associated with payment processing, currency conversion, or exchange rate differences. The balance on the payment card must be sufficient to cover all such additional expenses. The Company is not liable for the cancellation of the Booking and the costs incurred by the Buyer due to insufficient funds on the Buyer’s payment card.
7.3.3. Verification of Payment Transactions. The cardholder must use the card in accordance with legal requirements and the terms of the agreement with the issuing bank, and must not allow the card to be used by unauthorized persons.
The Company/Payment System reserves the right to refuse to provide Services or to request additional documents from the cardholder if there are reasonable grounds to believe that the payment card transaction may be suspicious/fraudulent. To verify the identity of the cardholder and their ability to use the card for Service payments on the Website, the Company/Payment System may request from the Buyer: a copy of the first and second pages of the passport; a copy of the payment card from both sides (the card number must clearly show the first six and last four digits, the CVC/CVV code must be covered).
7.3.4. Currency. Settlements between the Company and the Buyer are conducted in Euros. Settlements between the Buyer and the respective Service Providers are also conducted in Euros. In this case, the currency debited from the Buyer’s account may differ from the currency specified on the Website. By creating a Booking, you agree that you have been informed of the terms of price formation for the Order, the currency in which funds are debited from your account, and payment conditions, and you unconditionally accept these terms.
7.3.5. Additional Costs for Payment Processing. The Buyer is fully and solely responsible for all commission charges, potential currency conversions, and exchange rate differences, as well as other defined costs that may be added to the Order amount by the payment card issuer/payment system, or payment infrastructure operator. The Buyer undertakes to independently familiarize themselves with the rules, rates, and commissions of the bank, exchange rates, and conversion that may apply to the Order payment on the Website. You acknowledge and agree that the Company does not reimburse Buyers for expenses in cases of additional conversions and exchange rate differences since it does not participate in the formation of policies between the participants servicing payment transactions from the moment they are formed until funds are debited from the Buyer’s account, as well as during the crediting of funds as a result of a refund of documents confirming the Service. Before paying for Services, the Company recommends consulting a qualified specialist from the issuing bank of your payment card for detailed information about your payment transaction.
7.4. General Rules. Refunds for Payment by Card
7.4.1. The Client has the right, at any time before the start date of the services provided in the order paid by the Client, to cancel such an Order by sending a written request to the Company.
7.4.2. In case of the Client’s cancellation of the paid Order, the Company has the right to deduct a commission as compensation for the costs of ensuring the provision of services covered by the Order. The Client agrees that the amount of such a commission is:
• for cancellation of a paid Order 24 hours or less before the start of the service — 100% of the total cost of the services;
• for cancellation of a paid Order from 24 hours or more before the start of the service, the commission may be between 20% and 100%. The percentage of the commission depends on the service, and the exact percentage is determined by the Service Provider.
In such a case, the Client is refunded the amount that represents the difference between the amount paid by the Client for the Order and the commission amount charged to the Client by the Company for canceling the paid Order.
7.4.3. Refunds of the Client’s payment for the Order are always processed by the Company within 30 (thirty) calendar days from the moment of receiving the respective request from the Client.
7.4.4. The funds are refunded in non-cash form to the Client’s bank card used for the order payment.
7.5. General Rules. Cash Payment
7.5.1. When the Client chooses cash payment, they are required to pay 20% of the total service cost via bank card on the website before receiving the service. This advance payment secures the reservation of the service for the client. The remaining 80% of the service cost must be paid by the Client directly to the Service Provider upon receiving the service in cash.
This clause defines two stages of payment: partial prepayment through a bank card on the site to confirm the booking of the service and, subsequently, payment of the remaining amount directly to the Service Provider upon receiving the service. This approach allows securing both clients and service providers according to the terms of the contract.
7.5.2. The Client undertakes to arrive at the specified time and place for the service provided by the Service Provider.
7.5.3. If the Customer is late (more than 15 minutes) for the Service, this is equivalent to a no-show, and in such a case, the Service Provider has the right to refuse to provide the service.
7.5.4. The Customer’s failure to show up to receive the service or non-payment at the time of receiving the service will result in the following steps:
a. In the event of non-payment by the Customer of the specified amount in the order, the Service Provider is obligated to refuse to provide the service.
b. In the event of a no-show, the Customer will be billed for the full payment of the service they ordered. The Customer is obliged to pay this invoice. Successful payment of such an invoice by the Customer will prevent negative consequences for the Customer. Payment of such an invoice is required within 10 calendar days from the service date.
c. In the event of non-payment by the Customer for a service for which they did not show up, the Customer will be permanently banned from using the website’s services, and the company reserves the right to file a lawsuit against the Customer for non-compliance with the terms of this agreement, which the Customer fully agreed to.
7.6. General Rules. Order Cancellation with Cash Payment
7.6.1. The Customer is required to notify the Company of the cancellation of the Order to cancel the service. The Company’s contact information can be found on the website in the “Information – Contacts” section.
7.6.2. Cancellation terms are described in section 7.4.2.
8. SERVICE CANCELLATION BY SERVICE PROVIDER
8.1. The Service Provider has the right to cancel the provision of their services.
8.1.1. In the event of the Service Provider canceling their services, they are obligated to notify the Company and provide a justified reason for the cancellation.
8.1.2. After receiving a service cancellation request from the Service Provider, the Company will make every effort to promptly inform the Client about the cancellation and provide the reason for it.
8.2. In case the Service Provider fails to appear for the service, the Client must immediately inform the Company, after which the Company will take all necessary measures.
8.3. Refunds for Services Not Delivered by the Service Provider.
8.3.1. If the Client has paid the full or partial cost of the service, the Company is obliged to refund 100% of the paid amount.
8.3.2. In the case of cash payment, the Client retains all funds.
8.4. Filing Complaints Against the Service Provider.
8.4.1. Every Client has the right to file a complaint against the Service Provider to the Company, after which the Company will take all necessary measures to prevent similar situations from happening again.
9. ACCESS TO SECRET EXPERIENCES
9.1. Basis for Access
9.1.1. The User may gain access to Secret Experiences provided by this website by paying the amount specified on the Secret Experiences page on the site.
9.2. Payment and Cost of Access Amount
9.2.1. The amount for accessing the Secret Experiences is determined by the Company and indicated on the site.
9.2.2. The User is obligated to pay the Access Amount through the available payment methods on the site.
9.2.3. Before paying the Access Amount, the User must carefully verify and confirm the terms of this Agreement and the payment conditions on the site.
9.2.4. The Company may change, at its discretion, the price of access to the Secret Experiences without prior notice or providing a reason.
9.3. No Refunds
9.3.1. After making the payment for the Access Amount, the User confirms that they fully understand and accept the condition that the paid Access Amount to the Secret Experiences is non-refundable to the User or subject to partial reimbursement, even if they stop using the services of this site.
9.4. Right to Refuse
9.4.1. The Company reserves the right to refuse the User access to Secret Experiences without providing an explanation.
10. LIMITATION OF LIABILITY
10.1. The Company does not guarantee the continuous, error-free, accurate, secure, or timely operation of the Website. The Company does not guarantee and is not responsible for the constant and error-free connection to the Internet, does not guarantee or ensure the quality of various public communication channels, telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of email or communication services, by means of which the User accesses the Website, orders Services, or contacts Customer Support, and if due to poor connection a failure occurs when selecting services, placing and/or paying for an Order, or providing other information.
10.2. Under no circumstances shall the Company be liable, provide compensation for damages, or make reimbursements in the event of: ignorance or non-compliance by the User with the terms of this Agreement, or lack of understanding of the specifics of the provided Services; in case of the Client’s negligence in security measures and protection of their personal, payment, or other data; non-delivery by communication systems and untimely reading or failure to read by the Client the emails or SMS messages sent by the Company/Payment System related to the use of the Website and Service Orders; in the event of inability to fulfill obligations undertaken due to the inaccuracy, insufficiency, or untimeliness of information and documents provided by the User, or breach of this Agreement by the User; due to the absence of properly prepared documents required for obtaining the Services specified in this Agreement for any reason.
10.3. Under no circumstances shall the Company, its affiliates, group companies, as well as representatives, founders, directors, agents, employees, partners, and contractors be liable to the Client or any third parties for any indirect, incidental, consequential, or punitive damages, lost profits (lost revenue), loss of data or access to data and information, loss of business reputation, damage to prestige or reputation, or moral damages, and additional expenses incurred as a result of the inability to use or as a result of using the Website and purchasing Services or Additional Services.
10.4. In accordance with the terms, reservations, and limitations specified in this Agreement, the Company shall only be liable for intentional, direct, actual damage caused as a result of a proven and court-established fact of non-fulfillment of obligations resulting from the fault of the Company, and the extent of such liability shall under no circumstances exceed the cost of the ordered service in aggregate. The provisions of this clause regarding the limitation of the Company’s liability reflect the agreed allocation of risks between you and the Company and are interpreted in favor of the Company, its affiliates or group companies, as well as representatives, founders, directors, agents, employees, contractors, or partners. The limitations specified in this article remain in effect and binding even when the losses of the injured party could not be fully compensated.
11. FORCE MAJEURE EVENTS
11.1. The Company shall be exempt from liability for the complete or partial failure to fulfill its obligations under this Agreement if such non-fulfillment resulted from circumstances or actions of force majeure that occurred after the conclusion of this Agreement.
11.2. Force majeure circumstances or events shall mean circumstances that prevent or objectively hinder the performance of the terms of this Agreement, have an extraordinary, unavoidable, and unforeseen nature, and which the parties could not foresee or prevent by reasonable measures. Such circumstances include, but are not limited to: conditions caused by exceptional weather and natural disasters, disruptions in communication networks, failure or disconnection of power supply, disruptions in Internet and other communication networks, interruptions in the operation of the Website, failures and errors in server or software operations, hacker attacks, circumstances related to software updates, planned and unscheduled technical and preventive maintenance of the Website, actions or orders of any state authorities, significant adverse changes in applicable laws, currency restrictions, emergencies of a local or national scale, unpredictable actions or omissions of third parties that are not a party to the Agreement, and/or events occurring beyond the will and desire of the party to the Agreement, threats of war, armed conflict, or a serious threat of such a conflict, including but not limited to hostilities, blockades, military embargoes, actions of foreign enemies, general military mobilization, military actions, declared and undeclared war, actions of public enemies, disturbances, acts of terrorism, sabotage, piracy, riots, invasions, blockades, revolutions, coups, uprisings, mass disturbances, curfews, quarantine, expropriation, compulsory seizure, seizure of enterprises, requisition, public demonstrations, blockades, strikes, accidents, unlawful actions of third parties, epidemics, fires, explosions, prolonged transport interruptions, embargoes, export/import restrictions, conditions regulated by corresponding resolutions and acts of state and local government authorities, as well as circumstances related to the elimination of consequences caused by exceptional weather conditions and unforeseen situations, and other circumstances beyond reasonable control of the parties.
11.3. In the event of the occurrence of force majeure circumstances, the Company shall notify the Website Users within 7 (seven) calendar days by posting an appropriate notice on the Website or sending an electronic notification (or in any other appropriate way chosen by the Company) regarding the nature of the mentioned circumstances and their likely duration.
11.4. The term for fulfilling obligations under the Agreement shall be extended proportionally to the time during which such force majeure circumstances will persist. If the force majeure circumstances last for more than 14 (fourteen) calendar days, the parties may resolve the issue of non-fulfillment of obligations through negotiations, and in the event of an inability to reach an agreement, demand termination of the Agreement.
12. PERSONAL DATA PROTECTION (PRIVACY POLICY)
12.1. The terms of personal data protection are an integral part of this Agreement and are set forth in the Privacy Policy available on this website.
13. USE OF INTELLECTUAL PROPERTY RIGHTS
13.1. The Company, its partners, and providers are the owners or licensees of intellectual property rights (all information and materials) published on the Website. The Website may contain materials provided by third parties. Logos, company names, offers, and other content mentioned on the Website may be trademarks or copyright-protected by their respective owners. All information and materials published on the Website are protected under local or international laws for the protection of intellectual property rights.
13.2. You do not have the right to use, reproduce, modify, adapt, translate, compile, decompile, create derivative products, attempt to disclose the source code, copy, analyze data, or make any other use of the content of this Website, either in whole or in part, including the use of any intellectual property rights available through this Website, without the written consent of the Company.
13.3. The software available through this Website belongs to the Company, its partners, and providers and is protected by copyright law.
13.4. Any unlawful use of intellectual property rights and violation of the above-mentioned terms shall be considered a serious breach of the terms of the Agreement concluded between you and the Company and may serve as grounds for filing a claim for the protection of violated rights.
14. LAW AND DISPUTE RESOLUTION
14.1. This Agreement and all legal relations arising from or related to this Agreement, including those related to its validity, conclusion, performance, modification, and termination, interpretation of its terms, and determination of the consequences of invalidity or breach of the Agreement, are governed by this Agreement. In case of the absence of provisions in the Agreement that regulate the disputed relations, the Company reserves the right to apply provisions that regulate similar relations, including those contained in the Agreement itself (analogy). The relations between the parties not provided for by this Agreement but similar to those arising from or in connection with its performance shall be governed and interpreted in accordance with the substantive and procedural law of Ukraine, rules, instructions, regulations, recommendations, resolutions, and other regulatory acts of state authorities, and applicable international legal norms.
14.2. All disputes and differences arising in connection with this Agreement shall be resolved through negotiations between the parties. Pre-trial dispute resolution is mandatory for the parties. If the parties are unable to resolve any dispute and/or differences through negotiations, the party that believes its rights have been violated must send a pre-trial claim to the other party, the review period of which is 30 (thirty) business days from the receipt of the claim. In the event of non-receipt of a response to the claim within 30 (thirty) business days, or if a response was received but did not satisfy the party that believes its rights were violated, such party has the right to file a lawsuit in accordance with the jurisdiction and venue rules established by French law and international legal norms.
15. GENERAL PROVISIONS
15.1. The recognition of any provision of this Agreement as invalid, void, or unenforceable does not render the Agreement as a whole invalid or void. Such a provision shall be considered revised in line with the original intentions to the extent possible, taking into account legal requirements. You confirm your full and unconditional acceptance of this Agreement and any changes that may be made in the event of recognition of any provisions as invalid, void, or unenforceable, and agree that such amended provisions shall govern the legal relations between you and the Company. The sections and headings in the Agreement are provided for informational purposes only and for User convenience and shall not limit, expand, or otherwise alter the terms of the Agreement.
15.2. The terms of this Agreement are binding on the Company and the Client/User/Purchaser and their lawful and permitted successors. The User does not have the right to assign, in whole or in part, its rights under this Agreement to third parties without prior written consent from the Company. The Company may, without reservation and at any time, transfer, assign, or subcontract any rights and obligations under this Agreement, in whole or in part, to third parties at its sole discretion.
15.3. The electronic version of this Agreement, including any electronic or SMS message on paper (which was sent or received by the User from the Company/Company from the User), is equivalent to official communication on paper, does not require additional certification, shall be considered proper evidence, and shall have the same force as any other documents or communications made on paper, and shall be used to resolve any claims or disputes that may arise from or regarding the performance of this Agreement.
