1. General Provisions.1.1 This document is an official offer of the Organizer to the Customer to conclude a contract for the purchase of a plastic card with a unique code (hereinafter referred to as the Certificate) that has a certain value and entitles the holder of the Certificate for one-time participation in a entertainment gaming event held by one of the Partners of the Organiser.
1.2 In accordance with paragraph 2 Article 437 of the Civil Code of the Russian Federation, this document is a public offer.
1.3 A public contract is entered into in a specific order by the acceptance of this offer, containing material terms of the contract, without signing. A contract concluded in this manner is legally binding in accordance with Article 434 of the Civil Code of the Russian Federation and is equivalent to a contract signed by the parties.In accordance with paragraph 3 Article 438 of the Civil Code of the Russian Federation, the acceptance of an offer is equal to the conclusion of a contract on the terms set out in the offer.
1.4 The Customer’s sending an order for the purchase of the Certificate shall confirm the acceptance of the terms below and therefore of this public offer.
1.5 A person sending the Order shall be recognized as the Customer or the Customer's representative with appropriate authority. A person accepting the order shall be authorized as the representative of the Organizer. The Customer and the Organizer are the Parties hereto.
1.6 This contract shall be deemed concluded with the acceptance of the offer, which is expressed in the drawing up and sending of the Customer’ Order in the manner provided in this contract, and shall be valid until the Parties fulfill all their obligations hereunder.
2. Terms and Definitions.2.1. In this contract the following terms shall be used in the following meaning:
Order – the Customer's request for the purchase of the Certificate properly designed and formed with the use of the Web-site by filling in a corresponding form in "My Account" section. An order may be filed only by a registered Customer. Guidelines for issuing orders for the purchasing of a Certificate are listed on the Web-site.
Web site - a resource located on the Internet at http://phobia.ru/, through which the display of information on the services provided is ensured.The Web-site shall provide the Customer with an opportunity to purchase Certificates over the Internet in the manner and on the terms stipulated herein.
Contract - this public contract entered into by acceptance of this offer between the Organizer and the Customer.
Customer - a person that carries out the acceptance of the offer by sending an order, and after payment acquiring the Certificate for receiving a one-time service of the Organizer specified in clause 1.1. hereof within the term of validity the Certificate.
Organizer - a legal person that makes an advance payment to the Partner for the service referred to in clause 1.1. hereof and by selling a Certificate realizes the Customer’s right to receive services.
Partner - a legal entity that provides the Customer or a certificate holder with a service referred to in clause 1.1 hereof regarding which the Partner and the Organizer have already made settlements.
Certificate - a plastic card with a unique code that certifies the fact of the Customer’s making a pre-payment to the Customer for the service specified in clause 1.1 hereof. A Certificate has a certain value and period of validity. After its expiration without use a Certificate may not be activated, and the funds paid for it shall not be returned. The terms of validity of a Certificate and the order of its use shall be specified on the Web-site and/or the Certificate. A Certificate shall confirm the right of the Customer (holder) to use the paid funds as a payment of a single-time service at any time during the period of its validity. In case the price of the Certificate exceeds the price of the service, the difference shall not be returned to the Customer (holder).
Certificate holder – the Customer or any other person that the Customer passes the certificate and thus transfers the right to receive the services specified in clause 1.1 hereof.
Certificate price – the value of the Certificate determined by the Organizer and brought to the attention of the Customer by posting information on the Web-site expressed as a sum that the Customer pays to the Organizer in exchange for a Certificate
. Certificate Activation – the Customer's (holder’s) request to the Partner for the provisions of the service referred to in clause 1.1. hereof by means of entering a unique code specified in the appropriate section of the Certificate on the
2.2 The text may also contain terms not defined above. In this case, the interpretation of a term shall be in accordance with the text of the offer and general common sense.
3. Subject Matter of the Contract3.1.The Organizer shall sell to the Customer the Certificate that confirms the right to receive a one-time service specified in clause.1.1 hereof from any of the partners of the Organizer at the Customer's choice.
3.2 The Customer may transfer the Certificate to another person that a result of such a transfer becomes a Certificate Holder with the right to receive the service specified in clause 1.1. hereof. Such a right shall not be reserved by the Customer and shall be fully transferred to the Certificate Holder.
3.3 The right to receive a one-time service specified on clause 1.1. hereof after the purchasing of the Certificate shall be granted either to the Customer or to the person to whom the Customer hands the certificate (the Certificate Holder).
3.4 The right to receive a one-time service shall be reserved by the Customer (the Certificate Holder) during the period of validity of the Certificate.
3.5 The Customer shall purchase the Certificate, and the Organizer shall accept the payment for it in the amount of its value strictly on the terms set out on the Web-site.
3.6 The Organizer hereby confirms that by purchasing the Certificate the Customer acquires the right for a one-time service rendered by the Partner of the Organizer specified in clause 1.1 hereof, and that the settlements between the Organizer and the Partner for this service have been completed in full. The service may be received by the Customer (the Certificate Holder) only within the term and in the territory set out for the Certificate on the Organizer’s Web-site and only provided the Customer (the Certificate Holder) fulfills the Partner’s requirements to the order of service provision.
3.7 A contract for the purchasing of a certificate shall be concluded at the moment of the Customer’s drawing up and filing of an Order as specified herein in “My Account’ section on the Web-site. By doing so the Customer and the Organizer shall confirm their agreement with the provisions of this contract, and the contract shall become a basic document in the official relations between the Customer and the Organizer.
4. Rights and Obligations of the Parties.4.1. The Organizer shall be entitled to:
- Redirect the Customer to an Internet resource of a payment system for payment;
- Not to provide the services specified in the Order to the Customer until they are paid for;
- Set out the price of courier delivery of the Certificate and add it to the value of the Certificate upon payment by the Customer. The Customer shall be informed about such increase of the total amount of transaction in the course of drawing up the Order.
4.2 The Organizer hereby undertakes to:
- Deliver the Certificate to the Customer after payment;
- Inform the Customer about the acceptance of the Order for the Certificate or about the purchasing of a Certificate (if the payment of the cost of the Certificate is made via an electronic payment systems). The Customer shall be informed by means of sending an e-mail letter with supporting information to the address specified by the Customer and / or through SMS alerts to a cell phone number specified by the Customer;
- Respond to the Customer’s written requests to the Organizer sent by e-mail no later than one (1) business day following the day of receipt of such request
. 4.3 The Customer shall be entitled to:
- Make a decision about the use of the service on the Web site.The Customer hereby acknowledges that in case of using the Website and sending of an Order he or she shall fully and unconditionally accept the terms of the Offer and the contract;
- Request from the Organizer written confirmation (by e-mail specified by the Customer and / or through SMS alerts to a cell phone number specified by the Customer) confirming the sending of an Order for the purchasing of a Certificate;
- Assign the rights hereunder to another person by presenting him or her a certificate after which such a person shall acquire the status of a Certificate Holder and shall be entitled to receive the services specified in clause 1.1 hereof while the Customer shall be deprived of such a right;
- Call the help desk of the Organizer using the contacts listed on the Web-site;
- Leave feedback on the work on the Organizer on the Web-site
. 4.4 The Customer should:
- Agree that sending an Order shall mean the acceptance of the Offer and its becoming a party to this contract with all the consequences, rights and duties;
- Pay the full price of the certificate using payment methods specified in clause 5 hereof;
- Agree to the increase of a transaction price in case the cost of courier services is added to the price of the Certificate provided the Customer requests such a service when drawing up an Offer, and pay it full price (the price of the certificate + delivery price) upon receipt of the Certificate. < br> - Timely and fully inform the Organizer on details necessary and sufficient for the implementation of this contract by the Parties and take full responsibility for it;
- Take the risk of adverse consequences in case of inaccuracy of the data specified in the course of drawing up an Order;
- Comply with the terms of this contract .
5. Settlements and the Order of Payment5.1. When purchasing a Certificate the Customer shall pay to the Organizer funds equal to the value of the Certificate, and in case courier delivery is requested – to the value of the Certificate plus the cost of the delivery. The value of the Certificate and the cost of the delivery shall be specified on the Web-site. A Certificate cannot be recharged, and the funds are accrued on it upon purchasing. The terms of payment shall be set out by the Organizer and provided to the Customer at the moment of drawing up an Order in a relevant form in “My Account” section. 5.2 Payment can be made only by transferring the necessary amount to the Organizer's account using payment systems.
6. Special Terms
6.1. The Organizer hereby confirms that the settlements with partners for the services rendered specified in clause 1.1 hereof have been completed in full, and that the value of the Certificate fully covers the costs of such services. If the cost of the services provided by the Partner of less than the price of the Certificate, the difference shall not be refunded to the Customer (the Certificate Holder).
6.2 The Certificate shall have an expiration date after which it may not be activated. The Certificate can not be exchanged or returned.
6.3 The Organizer shall not demand from the Customers to provide personal data while drawing up an Order. The Customer shall be identified only by a login, e-mail address, and/or mobile phone number. In case the specified data is considered personal data in accordance with the legislation in force, the Organizer hereby undertakes to use such data of the Customer and/or other persons mentioned by him or her for the purpose of the Customer’s identification and support. The Organizer also undertakes not to use personal data of the Customer or other persons mentioned by him or her for unauthorized distribution of materials not related to the Orders and not to provide such data an information to third parties (except for under a valid court ruling).
6.4 When accepting this offer the Customer gives his or her unconditional consent to receive information messages to the specified e-mail address or cell phone number.
7. Liability of the Organizer and the Customer7.1 In case of non-fulfillment or improper fulfillment of obligations under this public offer the Organizer and the Customer shall be liable in accordance with the terms of this Offer and the legislation in force.
7.2 The obligations of the Organizer shall be considered fully fulfilled after the Customer receives a Certificate. After the fulfillment of the Customer’s obligations the Organizer shall not be entitled to demand the provision of any services 7.3 The Organizer shall not be liable for the Customer’s inability to receive services on the Web-site due to any technical issues including communication networks failure, equipment failure, etc.
7.4 The Organizer shall not be liable for the violation of the terms of this contract in case such violation is caused by force majeure circumstances including the actions of state authorities, fire, flood earthquake, other natural disasters, blackout, and/or computer network failure, strikes, civil commotion, or any other circumstances beyond the Organizer’s control that may influence the fulfillment of the terms of this public offer by the Organizer.
7.5 The Organizer shall not be liable to the Customer and shall not compensate the costs incurred by the latter in case the Partner fails to fulfill the undertaken obligations due to:
- the Customer’s failure to comply with the term of validity of the Certificate; - the Customer’s (Certificate Holder’s) failure to comply with the order of the provision of services specified in clause 1.1 hereof; - in case of occurrence of force majeure circumstances as a result of actions of state authorities or third parties. 7.6 Any disputes regarding the fulfillment of this contract initiated by the Customer shall be considered by a relevant court at the place of location of the Organizer in accordance with the pre-action protocol. A written claim shall be sent to the Organizer’s e-mail address specified on the Web-site. A claim shall be replied to within fifteen (15) days from the moment of its receiving by the Organizer.
8. Amendment and Termination Procedure
8.1. The Organizer shall reserve the right to make changes to the terms of this offer and, if the time of changes is not specifically agreed, they shall come into effect from the date of their publication on the Web-site.
8.2 The Customer’s use of the Web-site after the amendment of the offer shall be considered consent with such amendments.
8.3 In case of the Customer’s violation of the order and conditions of purchase and activation of the Certificate provided for in this contract, the contract shall be considered void.
9. Validity of the Offer
The contract shall enter into force upon its conclusion (acceptance of the offer), and shall be valid until the Parties fulfill all obligations under it.
The legislation of the Czech Republic is applied to this offer as a country where the owner of the certificates registered and because of it is the owner of the certificates and the franchisor of (name of the organization) is Claustrophobia s.r.o
10. Details of the Organizer.
Claustrophobia s.r.o.Address: Rybna 716/24,
City/Postal Code: Stare Mesto
Country: Praga 8 codice 110 00
Identificativo Fiscale 02490951
140 78 Praha 4
EUR IBAN: CZ7255000000008052490001