USER AGREEMENT

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 Attention! Before accessing this website, please carefully read the terms of use. By using the website, you agree that you have read the provisions of this User Agreement.

The document, the terms of which are set forth below, is a user agreement (hereinafter referred to as the "Agreement") addressed to an unlimited number of individuals, visitors, and/or users of the website fematch.com (hereinafter referred to as the "Website"), defining the basic rules for using the Website.

This Agreement is a public offer and a public contract within the meaning of the provisions of the current laws of Ukraine. In accordance with Articles 633, 641 of the Civil Code of Ukraine, terms of such public contract shall be the same for all users, and unconditional acceptance of these terms shall be deemed acceptance (approval) of this offer by any user.

Performance of conclusive actions by individuals (hereinafter referred to as "Users"), aimed at using the Website, shall be deemed an unconditional acceptance of all the provisions of this Agreement. The User acknowledges that acceptance of the Agreement shall be equivalent to signing and entering into a contract on the terms set forth in this Agreement. In the event of recognition of any part of this Agreement as invalid or unenforceable, its other parts shall remain in force.

The Website is an online service that helps Personal Stylists to offer their services and find clients, and Users to search for Personal Stylists for further use of their services. All information posted on the Website, regardless of its type, form, and time of publication, is protected by copyright, laws on protection of rights to trademarks for goods and services, other intellectual property rights, as well as laws on unfair competition.

In connection with the above, we ask you to carefully read the text of this Agreement, and if you do not agree with any of its terms or provisions, we suggest that you refrain from using the Website or taking any conclusive actions that may be interpreted as acceptance of this Agreement.

1. BASIC DEFINITIONS

Administrator – the owner of the Website, who posts information and grants the interested parties access to it in accordance with the terms of this Agreement. The owner of the Website is an Individual Entrepreneur LIODA Maryna Ihorivna, acting on the basis of the Extract from the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Organizations (registration number: 2 119 000 0000 041091, registration date: March 13, 2020), taxpayer identification number: 3502212487.

Acceptance – granting full, unconditional, and unreserved consent by the User to conclusion of this Agreement in its entirety, without signing a written copy of the Agreement by the Parties.

Website – an informational resource on the Internet located at fematch.com, containing textual, photographic, and other information perceived as a whole, providing access to the informational resource for an unlimited number of individuals for the purpose of obtaining services for their own needs, namely, searching and selecting a personal stylist for further cooperation.

Visitor – a person who visits the Website to familiarize themselves with its content without prior registration and authorization.

User - a legally capable individual (including, but not limited to, citizen of Ukraine, foreigner, stateless person, individual entrepreneur) who has joined this Agreement in their personal interests, accepts the terms of this Agreement, and wishes to receive the services offered on the Website, namely, searching and selecting a personal stylist for further cooperation.

Processing of personal data – any action (operation) or set of actions (operations) performed with personal data using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), retrieval, use, transfer (distribution, provision, access), de-identification, blocking, deletion, destruction of personal data.

Personal account– a section of the Website the User gains access to using personal access credentials (login and password)

Personal stylist – a professional in the field of fashion and style, whose account is posted on the Website, and who offers services in developing the client's individual style, including, but not limited to, creating a functional and stylish wardrobe.

Services – services offered on the Website, including searching and selecting a personal stylist for further cooperation.

For the purposes of this Agreement, all definitions specified in it shall be used exclusively in the meaning defined in this Agreement, regardless of the use of these definitions in singular or plural, or in other grammatical forms, cases, and/or constructions.

All other definitions not specifically mentioned in this Agreement shall be construed and interpreted in their literal grammatical sense, based on the provisions of the current laws of Ukraine and customary business practices.

2. GENERAL PROVISIONS

  1. This Agreement is developed to govern relations between the Administrator, who provides access to the Website, and any person using the Website, ordering services through it, and/or leaving feedback.
  2. By accepting the terms of the Agreement, the User confirms that they are legally competent and capable, have the right to enter into this Agreement, and have no prohibitions or restrictions on receiving services under the current laws of Ukraine.
  3. By registering on the Website, the User agrees to provide truthful and accurate personal information, including their contact details. As a result of registration, the User receives personal access credentials to the Personal Account (login and password), security of which shall be their responsibility. The User is also responsible for all actions performed under their login and password on the Website. In case of loss of personal access credentials to the Personal Account, the User shall inform the Administrator.
  4. During registration on the Website, by giving consent through the activation form of the "Register" button through the Website form and/or checking the box in the "I agree to the User Agreement and Privacy Policy" section, the User acknowledges that their Consent, provided in accordance with the Law of Ukraine " Personal Data Protection" dated June 1, 2010, No. 2297-VI (as amended), for processing of personal data is fully confirmed by this Agreement.
  5. The Agreement shall be deemed concluded without any reservations and exceptions at the moment of any interaction of the Visitor and/or User with the Website, whereby the Visitor and/or User confirm their consent to all the terms of the Agreement. If the Visitor and/or User disagrees with the Agreement in whole or in part, the Administrator shall ask them to leave the Website.
  6. Limits of the Website use by Users shall be determined at the discretion of the Administrator.
  7. This Agreement may be amended and/or revised by the Administrator unilaterally without any notification of Users. This Agreement is an open and publicly accessible document. New version of the Agreement shall come into effect from the moment of its publication on the Website.
  8. Users are required to familiarize themselves with the content of this Agreement before each use of the Website. If the User continues to use the Website after the publication of the amended and/or revised content of this Agreement, it shall mean that the User agrees to comply with the terms of the Agreement with all its amendments and/or revisions.
  9. All rights to the Website as a whole and to use of the network address (domain name) fematch.com shall belong to the Administrator, who grants all interested parties access to the Website in accordance with this Agreement and the current laws of Ukraine.


3. WEBSITE SERVICES

  1. The Website provides services for searching and viewing information posted by the Administrator in the form of profiles (accounts) of Personal Stylists, their works and results, as well as comments on the information available on the Website.
  2. All further agreements shall be concluded directly between Users and Personal Stylists outside the scope of this Agreement.
  3. The Administrator is not a participant in agreements between Users and Personal Stylists. The role of the Administrator shall be limited to granting the Users and Personal Stylists access to the Website.


4. RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. The User shall have the right to::
    1. Freely search and view profiles of Personal Stylists published by the Administrator on the Website.
    2. Comment and leave feedback on Personal Stylists, their activities, professional abilities and skills, as well as the results of their work and cooperation with Users.
  2. The User shall:
    1. Provide truthful, complete, and up-to-date data during registration on the Website and keep this information current.
    2. Not distribute information aimed at promoting war, inciting national, racial, or religious hatred and hostility, as well as other information, distribution of which entails criminal or administrative liability.
    3. Comply with provisions of the current laws of Ukraine, this Agreement, and the rules for using the Website.
    4. Inform the Administrator of the Website about unauthorized access to the Personal Account and/or unauthorized use of access credentials to the Personal Account.
    5. Not provide access to the Personal Account and/or to specific information contained therein to other Users if it may lead to leakage of personal data, violate the laws of Ukraine, and/or this Agreement.
  3. The User shall not:
    1. Register on the Website under someone else's name ("fake account," "fake").
    2. Distribute or otherwise use any information that:
      • Contains threats, discredits, offends the honour and dignity, and business reputation or violates the privacy of the Administrator, other Users, Personal Stylists, or third parties;
      • Violates the rights of minors;
      • Contains pornographic images and texts or scenes of a sexual nature;
      • Contains scenes of inhumane treatment of animals;
      • Contains descriptions of suicide methods, any incitement to commit suicide;
      • Promotes or contributes to incitement of racial, religious, ethnic hatred or enmity, propagates fascism or the ideology of racial superiority;
      • Contains extremist materials;
      • Promotes criminal activity or contains advice, instructions, or guides on committing illegal actions;
      • Contains information of restricted access, including, but not limited to, state and commercial secrets, information about the private life of third parties;
      • Contains information about drug distribution, their production, and advice on their use;
      • Has a fraudulent nature and violates the rights and interests of citizens and legal entities or the requirements of Ukrainian law.
    3. Offend other Users, Visitors, Personal Stylists, and the Administrator of the Website with actions and using profanity (in any form).
  4. The Administrator shall have the right to:
    1. Unilaterally amend this Agreement. The User shall be deemed informed about the changed terms of the Agreement from the moment the modified version of this Agreement is published on the Website.
    2. At its discretion, restrict access to any information, edit, and/or delete information posted by the User.
    3. Unilaterally decide on removal of Users, without the right to re-register, in case of violation of this Agreement and the rules of using the Website by Users.
    4. Provide, upon a lawful request from relevant (law enforcement or other) authorities, available information about the User, including personal data, in accordance with the established legal procedure.
    5. Suspend the operation or access to the Website or its part for any significant reason, including but not limited to, if necessary for preventive or urgent technical maintenance, error correction, or other changes.
    6. Make changes to the Website, in any of its parts, as well as to any relevant rules or conditions.
  5. The Administrator shall:
    1. Publish truthful information related, including but not limited to, personal data of Personal Stylists, their activities, work experience, and feedback based on the results of their cooperation with clients.
    2. Ensure proper functioning of the Website and, in case of identifying deficiencies, eliminate the corresponding defects.

5. LIABILITY OF THE PARTIES

  1. The Administrator shall not guarantee that the Website or any content of the Website, its functions, and the Services provided under the terms of this Agreement will be error-free and constantly available.
  2. The content of the Website, as well as the Website as a whole, shall be provided on an "as-is" basis. Any part of the content or any information on the Website may be changed at any time without prior notice.
  3. The Administrator shall not be responsible for the actions, behaviour, or omissions of any third parties or any third party associated with the use of the Website, the content of the Website, and any functions or services of the Website.
  4. The Administrator shall provide no warranties and make no representations that the Website will meet the User's requirements, achieve any desired results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free.
  5. The Administrator also shall not guarantee that the User's further cooperation with the Personal Stylist chosen on the Website will lead to the desired results.
  6. The Administrator shall not be responsible for:
    1. Malfunctions of the Website caused by equipment and software failures, failures in telecommunications or power networks, failures caused by actions of harmful programs or third parties.
    2. Lost profits or damages/losses incurred by the User, for any other damages that may arise from the use of the Website and information posted on it. The Administrator shall not participate in agreements between Users and Personal Stylists and therefore shall bear no responsibility for these agreements. All disputes between Users and/or Personal Stylists shall be resolved by them independently without involving the Administrator.
    3. Use of information posted on the Website by the third parties (for example, if the User authorized a third party to access the information, or if a third party gained unauthorized access), including copying, reproduction, and distribution, both within the framework of the Website and by other possible means.
    4. The content of websites that are not owned by the Administrator, links to which may be posted on the Website, as well as shall not guarantee their availability, correct operation, and compliance with the declared topic.
  7. Violation of copyright by the User (unauthorized copying/plagiarism of photos or other materials), which entails liability in accordance with the Law of Ukraine " Copyright and Related Rights," as well as other regulatory legal acts.
  8. The User alone shall be responsible for any use of information posted on the Website.
  9. The User alone shall be responsible to the Administrator and/or third parties for their actions or omissions when using the Website.
  10. The User undertakes to independently and at their own expense settle all claims of third parties related to the actions or omissions of the User when using the Website.


6. CONFIDENTIALITY AND PERSONAL DATA PROCESSING

  1. The use of the Website shall mean full and unconditional consent of the User to the terms of confidentiality and the purposes and conditions of processing of their personal data.
  2. By registering on the Website, the User voluntarily gives consent to processing of their personal data by the Administrator. Acceptance of the terms of this Agreement shall mean the User's automatic consent to the terms of the Privacy Policy regarding use of personalized confidential information.
  3. Processing of personal data shall include any actions and/or a combination of actions related to collection, registration, accumulation, storage, adaptation, modification, updating, use, and dissemination (implementation, transfer), deletion of the User's personal data to ensure the operation of the Website services.
  4. The scope of the User's personal data subject to processing and which may be included in the Administrator's personal data databases is defined as any information that becomes known to the Administrator after the User's registration on the Website.
  5. By accepting this Agreement, the User confirms their understanding of their rights defined by the Law of Ukraine "Personal Data Protection," as well as the purpose of collecting, storing, and processing their personal data.
  6. The User also agrees that period of storage of their personal data shall be as along as existence of their Personal Account.
  7. Purpose of collecting, storing, and processing personal data shall be to provide the User with personalized services of the Website, including authorization, password reminders, provision of services for searching Personal Stylists, communication with the Administrator and/or Personal Stylists, including sending messages, requests, and information related to the use of the Website.
  8. Disclosure of the User-provided information can only be carried out in accordance with the current laws at the request of the court, law enforcement agencies, and in other cases provided for by the law.
  9. The Parties shall maintain confidentiality of information obtained as a result of fulfilling the conditions of this Agreement, except in cases explicitly sanctioned in writing by the other Party or required by state authorities in accordance with the current laws. The Party guilty of disclosing confidential information shall be held to account according to the current laws of Ukraine.


7. AGREEMENT TERM

  1. This Agreement shall become effective from the moment of its acceptance by the User and shall be valid throughout the entire period of the User's use of the Website until the User revokes the respective acceptance of the Agreement by one of the Parties.


8. INTELLECTUAL PROPERTY

  1. The website and all its content shall be subject to intellectual property rights of the Website Administrator. All proprietary copyrights to the website shall belong to the Website Administrator. The Users shall use the Website strictly within the framework of the Agreement and the laws of Ukraine on intellectual property rights.
  2. The User agrees not to reproduce, replicate, or copy any part of the website unless expressly permitted in writing by the Website Administrator.
  3. Information posted on the Website may not be copied, modified, or distributed in any way, either wholly or partially, without prior written permission of the Website Administrator. Any unauthorized use of information (material) posted on the website shall be prohibited.


9. OTHER TERMS OF THE AGREEMENT

  1. This Agreement has been drawn up in accordance with the current laws of Ukraine.
  2. Withdrawal or modification of the terms of the offer for conclusion of this Agreement, as well as modification of the terms of the Agreement, may be made by the Administrator at any time.
  3. The terms of the offer for conclusion of this Agreement, as well as the terms of the Agreement itself, shall be the same for all Users.
  4. In case of force majeure events, including, but not limited to, hostilities, state of emergency, natural disasters, etc., the Administrator shall not guarantee uninterrupted operation of the website.
  5. This Agreement shall be governed and interpreted in accordance with the laws of Ukraine. Matters not stipulated in this Agreement shall be resolved in accordance with the laws of Ukraine.
  6. In case of any conflicts or discrepancies related to the performance of this Agreement, the User and the Website Administrator shall make every effort to resolve them through negotiations. If disputes are not resolved through negotiations, they shall be resolved in accordance with the procedure established by the current laws of Ukraine.
  7. This Agreement shall come into effect upon its publication on the Website and shall have an indefinite term.


10. ADMINISTRATOR'S DETAILS


Individual Entrepreneur (FOP): LIODA Maryna Ihorivna

31, Mariiky Pidhirianky Street, Apt. 2,

Ivano-Frankivsk, 76018, Ivano-Frankivsk Region.

Taxpayer ID (RNOKPP): 3502212487

Phone: +380500370817

e-mail: info@fematch.com  

____________________ Maryna LIODA