Individual Proprietorship Solodkina Helen Ivanovna represented by Helen Solodkina, acting according to registration # 192824388 of 08/04/2019 by Mingorispolkom, hereinafter referred to as the "Seller", of the one part, and a user of the Internet, hereinafter referred to as the "Buyer" or the "User", of the other part, hereinafter collectively referred to as the "Parties", have entered into this agreement (hereinafter - the "Agreement").
Under the Civil Code and other applicable laws of the Republic of Belarus, this Agreement shall constitute a public offer addressed to the public at large, users of the Internet.
Under the Civil Code and other applicable laws of the Republic of Belarus, this Agreement shall be deemed accepted fully and unconditionally should the Buyer confirm his/her consent to the terms hereof or make an advance payment before the Buyer has started to use any Digital product subscription, Digital product and/or any services of the Seller on the terms set forth herein. By taking any of the previously mentioned actions, the Buyer shall also be deemed granted his/her consent to sharing his/her personal information (data) in accordance with Clause 10 thereof.
1. Terms being used in the Agreement
1.1. Buyer (User) shall mean a user of the Internet, who has accepted the terms hereof and/or registered on the Website of the Seller, and/or made an advance payment for subscription use of Digital products, downloading the Digital products, and/or downloaded a Digital product, and/or started to use any services of the Seller.
1.2. Digital products (Content) shall mean images, texts of literary works (including covers, artwork, etc.) or images, video and audio records (phonograms) in various formats, made available on the Internet in the e-book or courseware form on subscription basis or image formats available to download as a file, placed on the Website of the Seller, accessible by the Users via the Website of the Seller and/or the Mobile Applications.
1.3. Digital Services shall mean Digital Garment Design and Fashion Innovation consulting or instruction, as well as fulfillment of Digital Garment Design orders according to Buyer requests.
1.4. Catalog shall mean a set of the Digital products and Services.
1.5. Website of the Seller (Website) shall mean an Internet-based information resource of the Seller, administered by the Seller and set up on one of the following domains: www.craftgd.com or www.craftgd.net.
1.6. Downloading shall mean saving (copying) the Digital products by the Buyer to his/her computer, smartphone or other device.
1.7. Billing shall mean a payment accounting system.
1.8. User Account shall mean the Authentication Data and the Personal Data of a user, stored on servers of the Website of the Seller. The User Account shall be generated after the User has completed the registration process and may be necessary to use certain options or features of the Website.
1.9. Username and Password shall mean two unique sets of characters, identifying the User, using which the Buyer may access the Content.
1.10. Personal Area shall mean a personal web page of the Buyer on the Website of the Seller, where the Buyer may store his/her personal information, see his/her status, Billing status, etc. The Personal Area shall be bound to the User Account and the access thereto shall be protected with the Username and the Password.
2. Subject of the Agreement
2.1. The Seller shall grant an opportunity to the Buyer: to use the Digital products available in the Catalog for his/her personal purposes; to use other services provided by the Buyer on the terms set forth in this Agreement hereto.
3. Duties of the Parties
3.1. Rights and Duties of the Seller:
3.1.1. The Seller shall make the Digital products available for online view on subscription basis, downloading and/or other use thereof by the Buyer in accordance with this Agreement within 24 hours after the Billing has confirmed the payment made and/or the Buyer has been identified as a person who has made the payment and/or a person authorized to receive a Title.
3.1.2. The Seller may not disclose the Login and the Password, email address of the Buyer, as well as other details received from the Buyer in the course of the registration process, to any third party.
3.1.3. The Seller may from time to time amend and/or supplement this Agreement and/or the Appendices hereto. The respective amendments and/or supplements shall take effect and become binding upon the Parties after those have been placed on the Website of the Seller.
3.2. Rights and Duties of the Buyer:
3.2.1. The Buyer shall register himself/herself on the Website of the Seller, set up the Username and the Password, which uniqueness shall be confirmed by the Seller. The Buyer may also complete an automatic registration procedure after he/she has made payment and/or started to use the Digital products, and/or started to use any services of the Seller, having received automatically generated email confirmation request and stored the selected by the Buyer username and password securely. In that case, the Buyer shall strictly and scrupulously follow the instructions of the Seller, regarding the registration process, published on the Website of the Seller.
3.2.2. The Buyer shall make payment in accordance with Clause 4 hereof.
3.2.3. The Buyer may claim the Digital products selected by him/her, provided that those Digital products have been paid up by the Buyer himself/herself and/or by any other User in favour of the respective Buyer, and/or on other terms offered by the Seller.
3.2.4. The Buyer shall ensure confidentiality of the Username and the Password made known to him/her in the course of the registration process.
3.2.5. The Buyer may use the Digital products, made available by the Seller, in accordance with this Agreement for his/her personal purposes and at his/her sole discretion: download, familiarize himself/herself with text (video or audio record), read (listen to) the Digital products both in full and in any part, etc. The Buyer may place only those copies of the Digital products, that were specifically made available to download, namely only image files, on any of his/her personal devices. The Buyer may also convert downloaded image files into any other format (such as bmp, png, jpg, jpeg2000, tiff, ai, psd), if those image files have to be converted so that the Buyer could use them as the Digital products.
3.2.6. The Buyer may not:
Failure to comply with the requirements of Clause 3.2.6. hereof shall constitute a breach of intellectual property protection laws (including the respective intellectual property and computer information protection provisions and others) and give rise to (civil, administrative, criminal) liability in accordance with laws of Republic of Belarus!
3.2.8. In case of any questions, the Buyer may contact the Seller via firstname.lastname@example.org.
4. Terms of Payment
4.1. The Buyer shall make an advance payment in Euro or equivalent amount in another currency on terms set out on the Website of the Seller. The price of each Digital product shall also include the cost of services of the Seller in terms of granting an opportunity to the Buyer to store a copy of the Title, to be downloaded by the Buyer upon the completion of payment, on servers of the Website of the Seller.
4.2. The Seller may change the prices in effect unilaterally by placing the respective information on the Websites of the Seller. No changes in pricing may affect the Digital products already paid up.
4.3. The Buyer may make payments for the Digital products and Services in favour of a person designated by him/her (beneficiary). In that case, where a beneficiary exercises his/her right and acquires the Digital products paid up by the respective User, that beneficiary shall become the Buyer, who has accepted the terms of this Agreement, and the User, who has made payment in favour of that beneficiary, shall be lose all his/her rights of use of the Digital products so paid up.
4.4. The prices of the Digital products on the Website of the Seller and in the Mobile Applications may vary due to publisher fees charged by App Store, Google Play etc.
5. Liability of the Parties. Disclaimer of the Seller
5.1. The Buyer hereby assumes full liability and risks inherent in the use of the Catalog.
5.2. The Buyer shall incur absolute liability should the Username and the Password be used by any third party.
5.3. The Buyer shall incur absolute liability should any third party use the information sent by the Seller to the email address stated by the Buyer in the course of the registration process.
5.4. The Buyer shall incur absolute liability for any breaches of laws (including, but not limited to, those mentioned in Clause 3.2.6. hereof).
5.5. The Seller shall incur no liability for any expenses or for direct or indirect damages that the Buyer may incur due to the use of the Catalog.
5.6. The Seller shall incur no liability for the quality of accessing the Catalog via the Internet.
5.7. Under no circumstances, the Seller shall incur liability should the Username and the Password be used by any third party.
5.8. The Seller shall incur no liability for direct or indirect damages incurred by the Buyer due to data transmission errors, software and/or hardware failures/defects, data loss and corruption, data procession or presentation errors, data transmission delays and other failures beyond the control of the Seller
5.9. The Website of the Seller and all services associated therewith are provided ‘as is’, with no express or implied warranty that the aforesaid Website and/or services will be suitable for any specific purpose or not (inter alia, for placing/storing the Content of the User).
5.10. The Seller shall incur no liability should the User be unable to use the Website and/or services associated therewith by any reasons whatsoever, including, but being not limited to: errors, mistakes, interruptions, removal, defects, data processing or transmission delays, communication channel malfunction, equipment failure, any malfunctions or other defects of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, default of vendors providing any given services, theft, destruction or other illegal access to materials of the Users, placed on the Website or elsewhere, etc.
5.11. Under no circumstances, the Seller shall incur liability for any expenses of the User or for direct or indirect damages, including lost profit or lost data, damage to honour, dignity or goodwill that the User may incur as a result of using the Website and/or services associated therewith.
5.12. The Seller shall incur no liability to the Buyer should the Buyer for whatever reasons dislike contents, typography, literary and artistic merit, etc. of a Digital product of the proper quality acquired by the Buyer, i.e. if the Buyer has no technical problems with viewing in a browser or uploading that Digital product onto his/her device and/or viewing/reading of/listening to that Digital product on his/her device, provided that the device is technically sound and its specifications are consistent with the requirements to placing such files.
6. Term of the Agreement
6.1. This Agreement shall take effect once accepted by the Buyer and remain valid until the Parties have discharged their respective obligations to the fullest extent.
7. Events of Force Majeure
7.1. The Parties shall incur no liability for non-performance or inadequate performance of their respective obligations hereunder should such non-performance be caused directly by circumstances of insuperable force (events of force majeure) that have arisen after the date hereof as a result of such extraordinary events as, in particular: fire, flood, hurricane, earthquake, pandemic or restrictions imposed by public authorities on activities of any of the Parties, and such other circumstances, which the Parties could neither foresee, nor prevent by taking reasonable precautions.
8.1. If any provision or a part of a provision hereof is held invalid or unenforceable, the rest of the provisions and their respective parts shall remain in full force and effect.
8.2. The Parties have agreed to be governed by the laws of the Republic of Belarus in effect, unless otherwise provided herein.
9. Dispute resolution procedure
9.1. Disputes and controversies that may arise out of this Agreement shall be resolved in the course of a pre-court dispute settlement procedure. The Seller shall consider a complaint within 10 (10) calendar days after the receipt thereof from the Buyer.
9.2. Where the Parties fail to reach an accord, the respective disputes and controversies shall be resolved in court in accordance with the procedure established by the laws of the Republic of Belarus in effect.
10. Notification of the processing of personal data
10.1. The Buyer, while agreeing with the terms of this Agreement, shall give the consent to the Seller for the processing of their personal data.
10.2. A consent is given for processing of the following personal data: surname, first name; e-mail addresses contact phone numbers; date of birth; address (country, state/province, city); information on the number and titles of Digital products and services purchased; information on social networking pages; user data (location information; which pages the user opens and which buttons they clicks; IP-address; Cookies; SID); information about incoming payments; bank account details.
10.3. During processing, the following actions will be performed with respect to personal data: collection; recording; systematization; accumulation; storage; specification (update or change); extraction; use; handing over (provision, access); blocking; deletion; destruction.
10.5. The Seller may use the Buyer's personal data to identify the Buyer, to update the payment data, to provide personalized services, to give feedback to the Buyer, to process claims and requests, and to perform depersonalized statistical computations, to improve the quality of services provided to the Buyer.
10.6. The Buyer's personal data is processed during the period of validity of this Agreement. The Buyer has the right to withdraw the consent to the processing of their personal data by sending a written statement to the address specified in the Agreement.
IP Solodkina Helen I.
Reg. # 192824388 of 08/04/2019 by Mingorispolkom