Public contract
(rules of use of the websites: https://runukraine.org/)
м. Kyiv Version of 23 August 2023
This Public Agreement (hereinafter referred to as the Agreement or the Rules) is an official offer of the NGO "Run Ukraine" to any legal entity or individual to use the capabilities of the websites https://runukraine.org/ and/or https://runukraine.org/shopping and/or https://kyivmarathon.org/ to purchase goods (services) of a sporting event/activity.
These Rules are a public offer agreement within the meaning of Articles 633, 641, 642 of the Civil Code of Ukraine, where one party is the NGO "Run Ukraine", EDRPOU code 39913783, location address: 4A, Zoolohichna St., Kyiv, 04119, office 139 (hereinafter referred to as the NGO "Running Ukraine" or the Organizer), publicly offers any person who has accepted this offer (hereinafter referred to as the User, Participant) the opportunity to use the website https://runukraine.org/ and/or https://runukraine. org/shopping, and/or https://kyivmarathon.org/ (hereinafter referred to as the Website) in order to purchase goods (services) offered on the Website (hereinafter referred to as the Parties and the User together, and each individually as a Party), for which purpose it publishes this Agreement addressed to an unlimited number of persons.
This Agreement is concluded by giving the User's full and unconditional consent (acceptance) to enter into the Agreement in full, without signing a paper copy of the Agreement by the Parties, has legal force and is equivalent to the Agreement signed by the Parties.
1. TERMS AND DEFINITIONS
Capitalised terms in this Agreement have the following definitions:
1.1. Public Offer Agreement means this Agreement, an offer of the NGO "Run Ukraine" (posted on its website https://kyivmarathon.org/) addressed to an unlimited number of persons in accordance with Article 641 of the Civil Code of Ukraine to enter into this Agreement on the terms and conditions specified herein.
1.2. The owner of the Website is the NGO "Run Ukraine", EDRPOU 39913783, location: 4A, Zoolohichna St., Kyiv, 04119, office 139 (hereinafter referred to as the NGO "Running Ukraine").
1.3. User (Participant) - an individual, legal entity or individual entrepreneur who is registered for participation in a sports event in accordance with the established procedure on the Website or purchases goods offered on the Website, having accepted the terms of this Agreement in full. A User who has purchased participation in a sports event on the Website is also referred to in this Agreement as a Participant.
1.4. The Event Organizer or NGO "Run Ukraine" is a non-governmental non-profit organisation established and operating in accordance with the Constitution of Ukraine, the Law of Ukraine "On Public Associations", other legislative acts and its Charter, whose activities are aimed at developing the running movement in Ukraine and promoting the development of sports in Ukraine in general, increasing the level of physical culture and accessibility of mass sports for citizens of Ukraine and, in order to achieve its statutory goals and objectives, organises and conducts sports events, including international ones.
1.5. Partner - legal entities, individual entrepreneurs who are direct partners of the NGO "Run Ukraine", who interact with the NGO "Run Ukraine" on the issues of organisation and holding of sports events, including international ones and are authorised on behalf of the NGO "Run Ukraine" to (including, but not limited to)
(a) providing services for the sale of goods/services to the Users and registering them for participation in the Event;
(b) acceptance of registration and entry fees and collection of registration data about the Participants in order to transfer them to the NGO "Run Ukraine" for the Event;
(c) delivery (handing over) of the Goods, including starter packs of the Participants and memorable prizes to the winners,
(d) provision of Services, consultations and information support to the Users (Participants).
1.6. Acceptance means the Participant's full and unconditional consent to the conclusion of this Agreement in full, without signing a paper copy of the Agreement by the Parties.
1.7. Services means a Service or several Services provided by the Partners related to the registration of the User for participation in a sports event organised and conducted by the NGO "Run Ukraine".
1.8. Event (or in the plural - Events) or Event means a sports event selected by the User, organised by the NGO "Running Ukraine", in which participants are offered to overcome various distances, and in which services are provided by the NGO "Running Ukraine" or Partners in accordance with the terms of this Agreement.
1.9. An online event is an event in which registered participants run individual races on the courses selected during registration on the date of the Event, but the participant chooses the time, place and route of the race independently.
1.10. Participant's starter pack is a set of race bibs for participation in the Event. The composition of the starter packs is determined by the Event organiser in the Race Regulations and depends on the type of the race.
1.11. Competition Rules - "RUNNING UKRAINE COMPETITION RULES" and "Competition Regulations", the current versions of which are posted on the Internet on the web page of the respective Event, which can be accessed via the link at https://runukraine.org/, which are a form of a public contract between the Organizer and the participant, defining detailed conditions of participation in the Event, requirements for the participants of the Event, failure to comply with which may result in the participant's ineligibility to participate in the Event or disqualification. Registration for participation in the Event confirms that the participant has read and agreed to the Competition Rules.
1.12. Goods and/or Service - offers in the Store located on the Internet at https://runukraine.org/shopping.
1.13. Website means a website on the Internet:
- https://runukraine.org, which contains the terms of participation in the Event, through which the User is registered;
- https://runukraine.org/shopping, where the Goods and Services are purchased;
- https://kyivmarathon.org/, which contains detailed information about the Event and all news related to the organisation and holding of the Event.
1.14. Store means a list of Goods and Services with their description and regular price intended for sale, which is freely available on the website https://runukraine.org/shopping.
2. MAIN PROVISIONS
2.1. This Agreement shall be deemed concluded from the moment the User confirms his/her acceptance of its terms by checking the appropriate box during the procedure for purchasing the Goods and/or Services offered on the Website.
2.2. The Agreement is valid on the entire territory of Ukraine, except for the temporarily occupied territories (including the territory of the Autonomous Republic of Crimea), territories where public authorities temporarily do not exercise their powers, as well as on the territory of settlements located in the area of hostilities.
2.3. The fact of checking the appropriate box, as specified in clause 2.1, means the User's full and unconditional consent to the terms of this Agreement, after which the relations between the NGO "Running Ukraine" and its Partners and the User are governed by the provisions of this Agreement, and in the part not regulated by this Agreement - by the norms of the current legislation of Ukraine.
2.4. The NGO "Run Ukraine" reserves the right to make any changes and additions to the Agreement by displaying the changes on the website https://kyivmarathon.org/ without additional notice to the User. If the User continues to use the services of the Website, it is considered that he/she has read and accepted the amendments and additions. In case of disagreement with the changes made, the User is obliged to stop using the services of the Website.
2.5. In case of violation of the Agreement by the User, the NGO "Running Ukraine" shall send the Participant a notice of the nature of the violation and proposals for the elimination of this violation.
2.6. The Participant has the right to receive information about the Events in one of the following ways:
2.6.1. on the Website https://runukraine.org;
2.6.2. by contacting the Contact Centre by phone +380-67-407-40-13 or by e-mail registration@runukraine.org;
2.6.3. in any other way.
2.7. The Participant has the right to receive information about the purchased Goods/Services, as well as about the planned Events in which he/she has purchased participation.
2.8. The NGO "Running Ukraine" is not responsible for failure to familiarise or improper familiarisation of the Participants with the official Rules of participation in the Event, as well as for providing incomplete and/or incorrect contact or other data required to receive the Goods/Services.
2.9. In accordance with the requirements of the Law of Ukraine "On Electronic Commerce", by filling in the registration form, each Participant gives the NGO "Run Ukraine" and the Partners his/her consent to receive information from the Partners and third parties acting jointly or on behalf of the NGO "Run Ukraine" by receiving e-mails including commercial e-mails, to the e-mail specified when filling out this form, push notifications, SMS messages, messages in messengers and other formats of commercial/non-commercial information to the contact details specified when filling out this form.
2.10. The Participant agrees that the rules of participation in the Events are established, regulated and changed by the NGO "Run Ukraine", the User who has purchased the Participation in the Event is obliged to read such rules additionally.
2.11. The Participant is solely responsible for reading the terms of this Agreement before each use of the Website, as well as additional rules of the respective Event.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The User (Event Participant) shall be obliged to:
3.1.1. To use their rights to receive the Goods and Services in good faith without violating the rights and interests of other persons;
3.1.2. Strictly comply with the provisions and requirements set forth in the Competition Rules during the Events. The User is obliged to independently read the provisions of the Race Rules, the current versions of which are posted on the Internet on the web pages of the respective Events and ensure compliance with them, as well as the availability of all necessary documents for the participant to be admitted to the competition. The NGO "Run Ukraine" and the Partners of the Events shall not be responsible for failure to familiarise the participants of the Event with the provisions of the Competition Rules;
3.1.3. To arrive at the Event in time to receive the starter's packs on the day of their issuance. On the day the starter pack is issued, the ownership of the starter pack passes to the Participant, regardless of whether he/she has appeared or not. A Participant who was unable to take part in the Event may receive the starter pack within 30 calendar days after the Event in person at the office of the Event organizer by sending a notification to the following e-mail address: registration@runukraine.org, or by sending a request to send the starter pack to the address indicated by him/her;
3.1.4. Adhere to the Competition Rules established by the Event Organiser.
3.2. The Organiser undertakes to:
3.2.1. Timely and properly inform the User about the postponement or cancellation of the Event;
3.2.2. To keep confidential the User's information received from him/her during the registration/purchase of the Goods and Services;
3.2.3. Make efforts to fulfil its obligations for the smooth operation of the Website and its services.
3.3 The User (Participant) has the right to:
3.3.1. After agreeing to the terms of this Agreement, use the services of the Website;
3.3.2. To be aware of the date and time of the Events, the postponement, deferral, cancellation of the Events;
3.4 The Organiser has the right to:
3.4.1. Suspend the provision of services on the Website without notifying the Users in order to carry out technical work;
3.4.2. Collect information about the User's order on the Website in order to notify the User about special offers, promotions and additional services available on the Website;
3.4.3. NGO "Running Ukraine" (directly or through its Partners) reserves the right to refuse to provide services to the User or to additionally request copies of the cardholder's documents if there are sufficient grounds to believe that the transaction on the bank card used to pay for the order may be recognised as fraudulent;
3.4.4. The NGO "Run Ukraine" (directly or through its Partners) reserves the right to initiate the procedure of User identification at any time by sending a corresponding request to the User.
Identification means obtaining the following information and/or supporting documents (in particular, identity documents) from the User:
- Personal data of the User (surname, name, patronymic, date of birth, gender, etc;)
- User's passport data (passport series and number (or ID card), passport issuing authority, passport issue date, citizenship, identification code, etc;)
- The User's residential address (country, city, postal code, street, house number, apartment number, etc.)
3.4.5. In order to avoid unlawful use of bank cards for payment, all orders placed on the Website and paid by bank card may be verified by the NGO "Run Ukraine" and/or its Partners. The User who has placed such an order is obliged to provide two pages of the bank card holder's passport: a photo spread (or ID card), as well as a copy of the bank card on both sides (the card number must be closed, except for the last four digits) by e-mail in the form of scanned copies or a high-quality photo copy upon request from the NGO "Running Ukraine" and/or its Partners. In case the User fails to provide the requested documents within the period specified in the request or if there are doubts about their authenticity, the NGO "Running Ukraine" and/or its Partners reserve the right to cancel the order without giving any reason without refunding the paid cost of the Goods/Services.
4. financial terms and payment procedure
4.1 The User independently chooses a convenient method of payment for the Goods and Services among those possible for this service.
4.2. The User authorises the NGO "Running Ukraine" and its Partners to debit the full cost of the order indicated on the Website, including commissions, relevant markups of payment systems, the amount of possible conversion for all completed orders, from the bank account indicated by the User through the chosen payment method.
4.3. The User is fully and solely responsible for all commission costs and other costs determined by the bank, which may be added to the cost by the bank card issuer.
4.4. The User gives the NGO "Run Ukraine" and its Partners his/her consent to the processing of his/her personal payment data.
4.5. The currency of the User's payment card may differ from the currency of payment. In such cases, the issuing bank may convert the funds, which depends on the currency of the card, the currency of settlement, as well as the tariffs and exchange rates applied by the issuing bank.
4.6. The User shall bear the costs of paying bank fees and expenses in case of additional conversions.
5. UPDATING THE PARTICIPANT'S CONTACT DETAILS
5.1. The Participant can change his/her contact details independently through the Website.
5.2. The Organizer (or its Partner) checks the data changed by the Participant, and in case of inconsistencies, has the right to request documentary evidence of the changed data from the Participant.
6. RECEIVING INFORMATION
6.1. The Website and the "Competition Rules", the current versions of which are posted on the Internet on the website of the relevant Event, are the main sources of information for the Participant.
6.2. With the help of marketing tools, the NGO "RUNNING UKRAINE" and/or its authorised person may conduct campaigns to research its database of Participants, during which it may send e-mails and SMS messages to the Participant. If the Participant does not want to receive mailings from the NGO "RUNNING UKRAINE" and Partners, he/she shall uncheck the corresponding box in the registration form on the Website. The Participant may later change his/her wish on the Website.
7. PROCESSING OF PERSONAL DATA
7.1. Protecting your privacy during the processing of your personal data is an important task to which we pay special attention in our business processes. Any personal data collected by us is treated confidentially and in accordance with legal provisions. Data protection and information security are part of our corporate policy.
7.2. Filling in the registration form on the Website by the Participant means consent to the processing of personal data in accordance with the Privacy Policy. The data contained in the registration form shall be provided by the individual independently.
7.3. By filling out the registration form on the Website, an individual thereby gives his/her consent and permission to the NGO "RUNNING UKRAINE" and its Partners to collect, process in any way and use the provided personal data free of charge, namely first name, surname, patronymic, telephone number, postal address, email address, IP address, as well as other data provided in the registration form or independently provided for participation in the Events, or will be provided to the NGO "RUNNING UKRAINE" and its Partners in the future (hereinafter referred to as "Personal Data") and access to such data by the NGO "RUNNING UKRAINE" and its Partners to fulfil the obligations set forth in these Rules. In some cases, personal data may be transferred to third parties, including cross-border data transfers.
The processing of personal data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, as well as data related to sexual life is NOT carried out.
Personal data is stored in the database or separately and used for the purposes of the Programme and further marketing activities solely for the purpose of organising notifications and sending out information and advertising materials. This consent is given indefinitely, but may be withdrawn at any time by sending a corresponding request to registration@runukraine.org.
Such consent shall be considered within the meaning of Articles 296, 301 of the Civil Code of Ukraine and the Law of Ukraine "On Personal Data Protection".
7.4. An individual may withdraw only consent in respect of his/her own data. If an individual wishes to withdraw his/her consent to the processing of personal data after a corresponding e-mail, all information regarding such individual will be deleted from the Website without the possibility of restoring the registration history, etc.
7.5. By filling out the registration form on the Website, an individual confirms that from the moment of filling out the registration form on the Website, he/she has been duly notified of the purpose of collecting his/her Personal Data, the composition and content of the collected data, the rights provided for in Article 8 of the Law of Ukraine "On Personal Data Protection", and the persons to whom his/her data is transferred.
7.6. If the owner or manager of the company registers other employees of his/her company for participation in the Events, he/she shall inform his/her employees that he/she provides their personal data to the NGO "RUNNING UKRAINE" and its Partners in accordance with the Privacy Policy and shall be deemed to have obtained the consent of these employees to the processing of their personal data in the interests of the NGO "RUNNING UKRAINE", as well as to have informed such employees about the purpose of collecting their Personal Data, composition and content of the collected data, rights provided for in Article 8 of the Law of Ukraine "On Personal Data Protection".
8. LIABILITY FOR BREACH OF CONTRACT
8.1. The Parties shall be liable for non-performance or improper performance of their obligations under this Agreement as provided for by the current legislation of Ukraine.
8.2. In case of non-admission or disqualification of the Participants due to violation of the Rules of the Race, or in case of non-participation in the Event for any reasons beyond the control of the NGO "Run Ukraine" and its Partners, the money paid by the Participant shall not be refunded and no penalties shall be imposed on the NGO "Run Ukraine" and its Partners.
8.3. The Participant shall be solely responsible for his/her life and health or for the life and health of his/her representatives who are to participate in the Event.
8.4. The NGO "Running Ukraine" shall be responsible solely for the Services stipulated by this Agreement. The CO "Running Ukraine" shall not be responsible for cancellation of the Event, postponement of the date of the Event or changes in the programme and/or format of the Event. The CO "Running Ukraine" shall be responsible for cancellation of the Event and shall return (including through its Partners) to the Participant the funds received from the Participant under this Agreement within 3 (three) banking days from the date of receipt of the request from the Participant, provided that such cancellation of the Event is due to the fault of the CO "Running Ukraine" and is not related to the circumstances specified in this section and in section 9 of this Agreement.
8.5. The User (Participant) is informed that any Event may be cancelled or postponed to another date, or the Event that has already started may be suspended and the Organizer shall not be liable for the cancellation/postponement/termination of the Event.
Any Event may be cancelled or the date of its holding may be postponed, or the Event that has already started may be stopped in the event of
8.5.1. the State Emergency Service of Ukraine in the region of the Event (on the eve of the Event or directly on the day of the Event) receives a notice warning of a possible significant deterioration in weather conditions or the likelihood of severe weather events (including, but not limited to: earthquake, flood, hurricane, hail, rain, cyclone, storm, lightning, other natural disasters), which may endanger human life and health. In this case, depending on the level of danger, the Organising Committee of the Event will take measures to ensure the safety of participants, spectators, fans and all those who take direct or indirect part in the Event and the Organising Committee will act in accordance with the agreed plan and will require all participants to strictly comply with its requirements, namely
- Hazard level 1 - wind with a force of 7-9 metres per second - dismantling of inflatable arches, lightweight structures (including mileage indicators), lightweight awnings, promotional and photo zones will be carried out;
- Hazard level 2 - wind with a force of 9.5-10 metres per second - dismantling of all tents, as well as dismantling of the crossbar of the start-finish arch. A representative of the Event Organiser will ask you to remove anything that may be dangerous.
Children's races may be cancelled. The decision to hold or cancel the children's race will be made immediately before the start of the children's race based on the actual weather conditions at that time.
- Hazard level 3 - wind of 11 metres per second or more - a decision will be made on the possibility of further holding or cancellation of the event.
8.5.2. announcement of the Air Alert signal.
In this case, the Event will be suspended, the Event programme and the start schedule will be changed, and all participants are obliged to strictly comply with the requirements of the Organising Committee representatives. Participants are obliged to leave the territory of the Event and go to the shelters marked on the route map.
After cancellation of the Air Alert signal, representatives of the Organising Committee will decide on the possibility or impossibility of continuing the Event and further actions of the participants and visitors.
The decision of the Organising Committee and the updated Programme of the Event will be announced to the participants within 10-30 minutes from the moment of cancellation of the Air Alert signal.
The services of the Organizer shall not be considered not provided, provided incompletely, of poor quality or untimely provided if the Event is suspended/cancelled/postponed due to the above circumstances and no penalties shall be imposed on the Organizer.
8.6. The Organizer shall also not be liable in case of cancellation of the Event, postponement of the date of its holding (if possible), as well as changes in the programme and/or format of the Event due to the issuance of prohibitive or restrictive regulations by state authorities or local self-government bodies on holding mass events as a result of an epidemic outbreak, in connection with the introduction of quarantine, in case of introduction of a special legal regime (state of emergency) in Ukraine or in certain areas thereof or other unforeseen circumstances.
9.FORCE MAJEURE
9.1. The Parties shall be released from liability for partial, full or improper performance of their obligations under this Agreement if the failure to perform or improper performance of obligations is the result of force majeure, i.e. extraordinary and unavoidable circumstances that the Parties could neither foresee nor prevent by reasonable means (force majeure).
9.2. The force majeure circumstances may be caused by the following (the list below is not exhaustive):
9.2.1. exceptional weather conditions and natural disaster (destructive natural phenomenon, including earthquake, flood, hurricane, hail, cyclone, storm, lightning, other natural disasters, which may result in a threat to human life and health, destruction or destruction of material assets and components of the environment);
9.2.2. disasters of biological, technogenic and anthropogenic origin (fire, epidemic, epizootic, epiphytotic);
9.2.3. unpredictable circumstances of public life (armed conflict, including, but not limited to, general military mobilisation, military operations, declared and undeclared war, acts of terrorism, mass riots, disturbances, invasion, blockade, revolution, rebellion, insurrection, etc;)
9.2.4. conditions caused by the issuance of prohibitive or restrictive regulations of state or local authorities, actions or requirements of state or local authorities; export/import ban (restriction), etc.
9.3. The User confirms that he/she understands and agrees to the existence of force majeure circumstances as of the date of this Agreement, namely, the military aggression of the Russian Federation against Ukraine, which became the basis for the introduction of martial law throughout Ukraine from 05:30 on 24 February 2022, as confirmed by the Letter of the Ukrainian Chamber of Commerce and Industry No. 2024/02.0-7.1 dated 28 February 2022 and which has not been cancelled as of the date of this Agreement. The Organizer confirms that the circumstances specified in this clause, as of the date of this Agreement, do not affect the exercise of the rights and obligations of the Parties determined by the provisions of this Agreement, and do not prevent full or partial performance of the Agreement, but the User confirms that he understands and agrees that there is a possibility of the said circumstances affecting the exercise of the rights and obligations of the Parties on the eve or immediately on the day of the Event.
Information on contacting the NGO "Run Ukraine":
For questions please call: (067) 407-40-13 (telegram)
E-mail: registration@runukraine.org
Address for correspondence: 4A Zoolohichna St., Kyiv, 04119, office 139
