Public Offer Agreement for Providing Access Rights to Informational Materials
This Agreement serves as the official proposal (public offer) from the website “immersivedate.me” (hereinafter referred to as the “Executor”) to any person (hereinafter referred to as the “Customer”) who accepts this offer under the terms specified below, for granting access rights to informational materials situated on the Executor’s website, as well as for the provision of associated informational services on a fee-for-service basis.In compliance with the Civil Code of Georgia, in the event of accepting the conditions stated below and paying for the Services, any legal or physical person who performs Acceptance of this Offer becomes the Customer (Acceptance of the Offer is equivalent to entering into a Contract under the terms laid out in the Offer).
The moment of full and unconditional acceptance by the Customer of the Executor’s proposal to enter into an offer agreement (acceptance of the offer) is deemed to be the fact of the Customer paying for the Executor’s services for granting access to specialized chat rooms in messengers convenient for the Customer.
By making a payment for the services, the Customer guarantees that they have already reviewed and accepted all the terms of the Offer in the form in which they are outlined in the text of this Offer, and is also familiar with and agrees to the cost of the Services listed on the Executor's website.
The text of this Offer Agreement (hereinafter referred to as the "Agreement," "Offer") is located on the website "immersivedate.me" (hereinafter referred to as the Executor's website).
If you do not agree with this Offer Agreement (any of the Agreement terms), you are requested not to undertake any actions aimed at its conclusion.
1. Terms and Definitions
1.1. For the purposes of this Agreement, the terms and definitions given below are used in the following meanings:
"Offer" — this document, the Public Offer for the sale of access rights to the Executor's informational materials, defining the rights and obligations of the parties, the procedure and terms for the provision of Services. The terms "Offer" and "Agreement," as used in the text of this Offer, are synonymous.
“Acceptance of the Offer” - the full and unconditional acceptance by the Customer of the terms of this Offer by the methods provided for in clause 3 of this Offer.
“Customer” - any capable individual who expresses a desire to receive services for access to informational materials from the Performer, as well as informational services, and accepts the Offer on the terms described below.
“Performer” - an individual entrepreneur registered in accordance with applicable law, providing services for access to informational materials through the Internet, using publicly available messengers (WhatsApp, Telegram, and similar, hereinafter referred to as the “Messenger”).
“Services,” “Service” - sending informational materials to the Customer in the personal chat of the Messenger (hereinafter referred to as the “Chat”), through the information and telecommunications network “Internet” by providing the Customer with access based on payment, as well as the provision of additional informational services.
“Website” - a set of interconnected web pages united under one domain name or IP address, representing an organized set of interconnected computer programs, text, graphic images, photos, videos located at the address “immersivedate.me.”
“Informational materials” - any video, audio, text, and other materials sent to the Chat of the selected Customer’s Messenger.
“Software (Software)” - a browser (Firefox, Google Chrome, and similar) for accessing information resources on the Internet, Telegram, other programs for processing information provided by the Performer.
1.2. This Offer may use terms not defined in clause 1.1. In this case, the interpretation of such a term is carried out in accordance with the text of this Offer. In the absence of a clear interpretation of the term in the text of the Offer, the interpretation of the term should be guided, in the first place, by the Performer’s Website and, in the second place, by the generally accepted meaning.
2. Subject of the Offer Agreement
2.1. Under this Agreement, the Performer undertakes to provide the Customer with access to informational materials on a gratuitous basis and to provide informational support, while the Customer agrees to accept and pay for such access.
2.2. Information and other materials, including audio and video recordings, provided to the Customer by the Performer in the framework of providing services under this Agreement, are provided solely for the personal use of the Customer on the terms of a simple non-exclusive license. The payment for the provision of a simple (non-exclusive) license is included in the price of access provision. In case the Customer allows the distribution of the specified information, they shall be held responsible by the Performer for any losses incurred as a result of the distribution, as specified in clause 8.2, and may also be subject to civil, administrative, or criminal liability under the current legislation in the field of intellectual property. The Customer acknowledges that all comments made by them or other participants on the Performer’s Website become part of the Performer’s materials, and all provisions regarding the protection of intellectual property rights outlined in this Offer Agreement, including liability for violation in clause 6.3.3 of the Agreement, apply to them.
2.3. The Performer has the right to change the scope of services provided, the cost, and the conditions of this Public Offer Agreement without prior agreement with the Customer, ensuring the publication of the amended conditions on the Performer’s website, as well as in a publicly accessible place for review of these documents, no later than 1 (one) working day before their entry into force. By continuing to use the Services after the entry into force of the respective changes, the Customer expresses their consent to the new conditions.
2.4. This Agreement becomes effective upon the provision of Services. Acceptance is made without the signing of a corresponding act.
3. Acceptance of the Offer and Conclusion of the Offer Agreement
3.1. The Customer accepts the Offer by making an advance payment for the services of the Performer regarding access provision, unless otherwise specified on the Performer's Website.
3.2. By accepting this Offer, the Customer confirms that the granting of the right to access informational materials under this Agreement fully corresponds to the Customer's ability to use the Services provided in this manner. Additionally, the Customer confirms that at the time of accepting this Offer, they have reached the age of 18.
3.3. The Customer agrees to independently ensure the presence of the necessary software (browser, messenger) on their personal computer or other devices to obtain informational materials. The Performer is not responsible for the non-provision of Services due to the Customer's inability to receive them due to the absence of an internet connection and the required computer/software, including the failure to meet the minimum requirements for the operation of the Messenger and access provision on the personal computer and other devices.
3.4. The sending of informational materials by the Performer to the Customer's Messenger Chat constitutes proper performance of this Agreement by the Performer.
3.5. The duration of the Customer's access to informational materials is no more than 24 hours.
3.6. No information, materials, and/or consultations provided by the Performer in the context of providing services under this Agreement can be considered as guarantees. The decision-making based on all information provided by the Performer is solely within the competence of the Customer. The Customer assumes full responsibility and risks associated with the use of information and materials provided by the Performer in the performance of its obligations under this Agreement.
4. Cost of Access Provision Services and Payment Procedure
4.1. The cost of providing access to informational materials is specified on the Performer's Website.
4.2. Payment for Access Provision Services is made by the Customer in the form of an advance payment of 100% of the total amount of Services.
4.3. The obligations for payment are considered fulfilled from the day the Performer receives the full payment amount.
4.4. The Customer is responsible for tracking changes in the Performer's details provided in this Offer and for ensuring the correctness of the payments made by them.
4.5. All payments under the Agreement are made in dollars.
5. Refund under the Agreement
5.1. Refund of the access fee is made if the Customer sends a justified request for a refund to the Performer at least 30 days before the start of access provision.
5.2. The Customer's withdrawal from the Agreement is done based on a written request from the Customer sent to the Performer's email address.
5.3. The inability of the Customer's personal computer (laptop) / mobile phone and technical means to view and study the Website materials is not a basis for a refund.
5.4. The decision on the refund or refusal to refund funds is made by the Performer within 10 (ten) days from the date of receiving the Customer's written request for a refund.
5.5. The funds are refunded to the Customer's account from which the payment was made, or to another account upon agreement between the Parties. The Customer is informed that the Performer does not refund any fees paid by the Customer to banks or other credit organizations since these expenses are the Customer's responsibility, and they bear them independently.
6. Rights and Obligations of the Parties
6.1. The Performer undertakes:
6.1.1. To ensure the provision of Services in proper quality.
6.2. The Performer has the right:
6.2.1. To change the scope of services provided, the cost, and the conditions of this public Offer without prior agreement with the Customer.
6.2.2. To add the Customer to their mailing list to inform them about new services of the Performer.
6.2.3. To suspend the provision of Services under this Agreement upon receiving notification from the Customer about submitting a refund request.
6.2.4. To involve third parties to provide Services under the Agreement.
6.3. The Customer undertakes:
6.3.1. To comply with and ensure compliance with all rules for receiving Services established by the Performer in this Offer or posted on the Website, sent to the Customer via Messenger.
6.3.2. To pay in full for the provision of access to informational materials.
6.3.3. To ensure the confidentiality of data received from the Performer. Not to distribute informational materials received during the provision of Services, nor record them on audio and/or video carriers. In case the Customer allows the distribution of such information, they shall be held responsible by the Performer for any losses incurred, including lost profits, as specified in clause 8.2. of the Agreement.
6.3.4. To ensure the protection of access to their Software through which access to Informational materials is provided and not to transfer the rights under this Agreement to third parties without the written consent of the Performer. In case the Customer detects unauthorized access, they are obligated to inform the Performer promptly.
6.3.5. Choose and pay for restaurants, hotels, and other venues independently.
6.4. The Customer has the right:
6.4.1. To receive services from the Performer under the terms of this Agreement.
7. Term of Validity and Amendment of the Offer
7.1. This Offer becomes effective from the moment the Customer accepts the Offer and remains in effect until the obligations of the Parties are fully fulfilled.
7.2. The Customer agrees and acknowledges that making changes to the Offer leads to making these changes to the concluded and valid Offer Agreement between the Customer and the Performer, and these changes come into effect simultaneously with such changes in the Offer.
7.3. By continuing to use the Services after the entry into force of the respective changes, the Customer expresses their agreement to the terms of this Agreement in the new version.
8. Liability of the Parties and Final Provisions
8.1. The Parties are responsible for non-performance or improper performance of obligations under this Offer in accordance with the current legislation of Georgia.
8.2. The Customer is liable under clause 6.3.3. in the amount of 100,000 (one hundred thousand) dollars for each violation.
8.3. All disputes and disagreements that may arise from this Offer or in connection with it must be resolved through negotiations between the Parties. In case it is impossible to reach an agreement through negotiations, the Parties shall apply to the court at the place of service provision, in accordance with the Performer's details.
8.4. Without contradicting the above, the Performer is released from liability for violating the terms of this Offer if such violation is caused by force majeure circumstances, including: actions of state authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, lack of electricity and/or network failures, strikes, civil unrest, riots, any other circumstances, without limitation, that may affect the performance of this Agreement.
8.5. The Customer is not entitled to assign their rights under the Agreement to third parties without the written consent of the Performer.
8.6. Any notifications related to the performance of the Agreement can be sent by the Parties via email and/or messengers.
8.7. Payment under this Offer implies agreement with all the terms (clauses) listed above and confirmation that the Customer is fully aware of the services provided, their characteristics, method of provision, and cost.
9. Performer's Details
Individual Entrepreneur Sultanov T, ID 304653612, Georgia
