28 March 2020
LLC "ZEST" (Primary State Registarion Number 1197746332310) located at 121354, Moscow, the territory of municipality Mojayskyi, Kutuzova st., 11 block 3, floor 1, placement I, room 22 offers any Internet user the opportunity to use the site at zest.productions on the terms and conditions of this User Agreement. 1. Terms and Definitions
1.1 In this Agreement the following terms are used as defined below unless otherwise is stated in the text.
'Company' - LLC "ZEST" (Primary State Registarion Number 1197746332310)
'User' – any person, who use the Site by any means including accessing the Site and interacting with its services.
'Site' – a collection of information, texts, graphic elements, design elements, illustrations, photos and videos and other results of intellectual activity, as well as computer programs contained in the information system making such information available on the Internet via URL zest.productions. The Site is an Internet resource provided for obtaining information about different Events, purchasing the possibility of attending Events, and other services of the Company, including marketing, websites and mobile apps development, event production, webcast hosting and strategy development of brand promotion.
'Agreement' – this User Agreement
'Parties' – the User and the Company
'Event' – a service provided by the Company to the User as detailed on the Site
'e-Ticket' - a record in the accounting system of the Site, containing User's identification data, information about the Order and its status, which confirms the service contract and states the Company's obligation to hold the Event and the User's right to attend the Event on the date, time and place indicated on the e-Ticket.
Sale/purchase of e-Tickets implies making the named deals. An electronic document is issued to the User after the purchase of an e-ticket setting out all the essential conditions of the named deal.
'Order' – a properly made through the Site request of a User to attend an Event which demonstrates an intention of the User to make a service deal with the Company imposing the Company's duty to hold the Event and the User's right to attend the Event on the date, time and place indicated on the e-Ticket.
1.2 All the other terms and definitions which appear in the text of this Agreement shall be interpreted by the Parties according to the Russian legislation and customary rules of the Internet for interpretation of relevant terms.
1.3 Titles of the headings (sections) of the Agreement are solely intended for ease of use of the text of the Agreement and have no legal bearing. 2. Mandatory Agreement and amendment of the Agreement.
2.1 The text of the Agreement is permanently available online via the internet address http://zest.productions
2.2 In accordance to the point 3 of the Article 438 of the Civil Code of Russia the fact of usage of the Site is considered to be a proper acceptance of this offer.
2.3 As soon as the User starts using the Site, the User consent to the Agreement and is obliged to comply with its provisions. The Agreement becomes legally binding for the Parties since the start of the usage of the Site by the User.
2.4 The Parties agree that the Agreement can be amended unilaterally by the Company by posting the amended version of the text to of the Agreement. The User confirms the consent to the amendment of the terms of the Agreement by the continuation of using the Site. In case of disapproval of the amended version of the Agreement the User stops to use the Site. By using the Site, the User agrees that the Company can transfer its rights and obligations under the Agreement to any third parties. 3. Aim of the Site
3.1 The Site is provided for obtaining information about different Events including conferences, workshops, master classes, training sessions, parties, movie screenings, festivals, concerts and other events that are held by the Company. The Company posts information about the Events on the Site, collects information about the Users interested in attending of the Events and conducts the registration of the Users for the Events using soft and hardware systems of the Site. 4. Subject of the Agreement
4.1 Under the procedure and terms provided by the Agreement the Company provides an opportunity for the User to use the Site, and the User is obliged to use the Site in accordance to the provisions of the Agreement.
4.2 Based on the Agreement the User has an opportunity to use the Site by getting an opportunity to participate in the Events by placing an Order, by registering, making a payment and receiving an e-Ticket from the Company. Apart from that the User has a right to use the Site by other means provided by the Company.
4.3 By making an Agreement the User agrees that the Company can transfer the rights and obligations under the Agreement to any third parties. With this paragraph the User declares the consent for the debt transfer to any third party in accordance to the point 1 Article 391 of the Civil Code of Russia. The User cannot transfer their rights under the Agreement to the third parties without consent of the Company given in the written form. 5. Rights and obligations of the Company
5.1 The Company has a right to clock access to the Site for a User, if they violate the terms the Agreement, other agreements between the Parties or legitimate claims of the Company by their actions or inactions.
5.2 The Company has a right to involve the third parties in the performance of the obligations under the Agreement and to transfer data about the Users to them.
5.3 The Company has a right to refuse to place the User's Order without explanation. If the purchase of an e-Ticket was made with a money transfer to the Company, the Company is obliged either to process an e-Ticket or to refuse its issue and return the paid money to the User.
5.4 The Company has a right to modify any software of the Site, suspend the work of the Site in case of detection of substantial malfunction, bugs and glitches, and for the purposes of maintenance and preventing cases of unauthorized access to the Site.
5.5 The Company has a right to use the data of the User and other persons, whose information was entered by the User at the Site, for the purpose of marketing including sending promotional e-mails.
5.6 The Company has a right to send the User and other persons, whose information was entered by the User on the Site, information and advertising messages both to an e-mail address and a phone number, the information of which is contained on the Site. By this the User agrees to receive this kind of information and guarantees that the same consent was given by the persons, whose information was entered by the User on the Site.
5.7 The Company has a right to require from the User the presentation of an identity document and providing the other information to identify the User in cases required under the terms of corresponding Events or Russian legislation. In case of non-submission of the documents or any discrepancies of the information in them, the Company has a right to refuse the User's use of the Site or attendance of an Event.
5.8 The Company has a right to consult the User during the placement/confirmation/payment of the Order including contacting the User by the indicated by the User telephone numbers.
5.9 The Company has a right to choose themselves and decide to impose means of identification of the User on the Site and at the Event.
5.10 The Company is obliged to inform the User about the Order status and about the fact of receiving the payment for an Order. The evidence of informing the User is the fact of an e-mail being sent to the email address indicated by the User during the registration on the Site or the placement of an Order. 6. Rights and obligations of the User
6.1 The User is obliged to familiarize themselves with the current version of the Agreement on each visit to the Site before using the Site.
6.2 The User is obliged to provide accurate and if requested full information while using the Site.
6.3 The User is obliged to check the information about the Order themselves before making it. The User has full responsibility for accuracy and legitimacy of the usage of data entered by them during the placement of an Order.
6.4 The User is obliged to familiarize themselves with the content, terms of registration and procedure of holding the Event and with additional demands made during the making of the Order. If any terms of holding an Event are not clear to the User, they are obliged to clarify these terms before placing the Order.
6.5 The User has a right to choose a mean of payment for participation in an Event from those listed on the Site. In doing so, the User is obliged to familiarize themselves with the rules for the usage of the chosen way of payment.
6.6 The User has a right to withdraw from participation in an Event after making and paying for an Order no later than 30 days before the beginning of the Event. In such case the User shall send a request to the Company to return the money paid by the User for e-Tickets purchased within one order. The named request is processed by the Company after which a notification about the procedure and time limits of the refund is sent to the User. Refund can be made only for all e-Tickets in an Order. The Company returns the money to the User the same way the User paid for e-Tickets including the cases of cancelation of an Event by the Company. In cases when a return of the money to the User is made to a bank card, banks or payment systems providers may charge commission for payment transaction and for receiving money at the card.
6.7 The User is obliged to pay a full cost of an Order. After purchasing of an Order an e-Ticket is considered to be sold and the right to attend an Event arise for the User. 7. Procedure to place an Order and to get an e-Ticket
7.1 The User who wants to attend an Event examines the information about the Event on the relevant page of the Site.
7.2 The User shall make following actions to place an Order:
7.2.1 choose an Event on the Site;
7.2.2 provide the information required on the Event's page (the provided information should be accurate and be given to the extent required);
7.2.3 confirm the accuracy of the information entered and the will to place an Order by pressing the 'Continue', 'Register' buttons or by making equivalent action on the relevant page of the Site.
7.3 The Company confirms acceptance and processing of the Order by sending an appropriate communication to the User's e-mail address specified when placing an Order.
7.4 If the participation in the Event is free of charge for the User and the Company does not impose any additional requirements for the participation in the Event, the Company send a notification about the possibility to participate in the Event with the confirmation of the Order placement.
7.5 If the User must pay for an Order to participate in an Event, after the confirmation of the Order the Site transfers the User to the payment page. In order to make a payment the User selects a relevant way of payment listed on the page of the Site and makes a payment in accordance to the rules for execution of payments of the chosen by the User way of payment. After the purchase of the Order the Company sends the User a message with notification about receiving of payment and about the possibility to attend the Event and forms an e-Ticket.
7.6 The moment of purchasing the Order is defined as a moment when the amount of money payed come into the account of the Company. From the moment of purchasing the Order the obligations stated in the terms of the Event arise for the Company and the User. Since the same moment the obligation of the Company to provide the User with an e-Ticket is incurred.
7.7 If the payment was made by the third parties for the User all the rights and obligations with regard to this payment arise for the User and these actions of the third parties are assessed by the Parties as committed by such third partied in the interest of the User and do not impose any rights and obligations for such third parties and the Company.
7.8 The User participates in the Event in accordance to the rules established by the Company.
7.9 The User themselves is responsible for the security and safe-keeping of the e-Ticket from copying. In case of copying of an e-Ticket the access to the Event shall be granted for the holder of ticket that is presented first. 8. Use of the Site
8.1 At the moment of starting to use the Site the User is obliged to familiarize themselves with the current version of the Agreement.
8.2 The following actions are prohibited when using the Site:
8.2.1 to break the provisions of current legislation of Russian Federation by any means;
8.2.2 to spread intentionally any malware, defective programs, damaged files and other malicious or misleading elements;
8.2.3 to use the Site in any malicious way or the way that may disrupt the normal functioning of the Site;
8.2.4 to make any attempt of getting an unauthorized access to any part or function of the Site or any network connected to the Site;
8.2.5 to use any devices, programs or processes to interfere or to attempt to interfere with the normal functioning of the Site and with any other operations committed on the Site or when using the Site by any other person;
8.2.6 to use any automatic devices, programs, algorithms, methods or any other similar or equivalent manual processes to access, acquisition, copying or tracking of any part of the Site for the purposes of reproduction or gaining access circumventing the used navigation or display system or the Site or any other content and for obtaining or attempt of obtaining of any materials, documents or information by using any means not specifically provided through the Site;
8.2.7 to use the Site for any purposes that are contrary to the legislation of the country from where the User gets access to the Site and that are contrary to the terms of this Agreement;
8.2.8 to collect and process personal data of other persons illegally
8.3 The Company can block access to the Site for any User without prior notification of the User and without explanation. 9. Intellectual property
9.1 The Site contains data including photographs, graphics, texts, illustrations, logos, icons, paintings, software, audio and video elements, trademarks and other objects of intellectual property and other elements which belong to the Company, its affiliates and third parties.
9.2 Using the Site the User acknowledges and agrees that all the Site content is protected under Copyright. No rights to any of the Site content shall pass to the User by using the Site.
9.3 In regard to the content of the Site the User can not copy, modify, edit, delete, add, publish, transfer, create derivative work, make or sale products based on it, reproduce, display or use this content in any other way. 10. Responsibility
10.1 The Company is not responsible for the efficiency of the Site and does not guarantee its continuous operation. The Company does not guarantee the security of the information posted on the Site.
10.2 The User uses the Site as it is presented at their own risk. The Company does not guarantee the User achieving of any result caused by the use of the Site.
10.3 The amount of losses that can be compensated by the Company to the User under the Agreement is limited according to the provisions of part 1 article 15 of the Civil Code of Russia to 5000 (five thousand) rubles. 11. Dispute Resolution and Applicable Law
All the disputes arising from this Agreement shall be regulated by the Russian legislation.
Any dispute, controversy or claim arising under, out of relating to performance, breach or termination of the Contract, as well as claims arising out of usage of the Site, the Parties shall try to resolve through negotiations. The Party that has claims and/or disagreements shall send the other Party a communication with an indication of claims and/or disagreements arising.
11.3 In case the Parties fail to reach any agreement on the arisen claims and/or disagreements, the dispute shall be referred to the Moscow City Arbitration Court or to any ordinary court at the location of the Company. 12. Force Majeure
12.1 The Parties are released from responsibility for partial or complete non-fulfillment of their liabilities under the present Contract, if this non-fulfillment was caused by the circumstances of Force Majeure which occurred after the conclusion of the Agreement as a result of extraordinary events that are beyond control of the Parties including following circumstances (but not limited to):
- strikes, flood, earthquake, hurricane, lightning and other natural disasters;
- war actions (local and international);
- riot, mutiny against the legitimate authority, Civil strife, unrest, rebellion, armed resistance to the government, military coup, civil war, training for the prevention of terrorist acts, riots in crowded areas;
- diseases and (or) malaise of the performers, speakers, lectors and other persons participating in the organization and holding the Event
- technological or man-made disasters
- acts of state and local authorities
- protests of government workers, recognition as a day of mourning, release of urgent messages or other events occur, which change the programme/publication of mass-media;
- technical failure (glitch) in public telecommunication and/or energy networks, actions of malicious code, unfair actions of third parties aimed at getting unauthorized access and/or disabling the software and/or hardware complex or other such act.
12.2 The Party affected by the force majeure circumstances shall inform the other Party in a written form
12.3 In case of arising of force majeure circumstances the time stipulated for the fulfilment of the obligations under the Contract shall be extended for the period equal to that during which such circumstances and their consequences will remain in force.
12.4 If force majeure circumstances last more than two (2) months each of the parties has the right to refuse any further fulfilment of obligations under the Contract if it compensates the actual costs paid by the other Party 13. Company Details
Location: 121354, Moscow, the territory of municipality Mojayskyi, Kutuzova st., 11 block 3, floor 1, placement I, room 22
Taxpayer Identification Number: 9731041672
Primary State Registarion Number 1197746332310