City of Kyiv, Ukraine.
This document is an official offer of Ms. Natalia KOVAL an Individual Entrepreneur operating under the trade name of POSSIBLE Matchmaking Boutique by Natalie Koval having its Registered Office at 2 Hospitalna Street, Office 23. 01001, Kyiv, Ukraine (hereinafter also referred to as "POSSIBLE"), in respect of rendering of marriage services to a person who, at the time of signing and effectiveness of the Agreement, is older than 21, is not married, or is a widower / widow, or has no long-lasting relationship with another person (hereinafter also referred to as "the Customer").
According to the provisions of Article 633 and Article 641 of the Ukrainian Civil Code, terms and conditions of a standard form contract shall be equal for all consumers.
Pursuant to Clause 2 in Article 642 of the Ukrainian Civil Code, Customer’s registration at www.possible.ua website and further payment will mean the acceptance of this offer and signing of the agreement on the terms and conditions set out hereafter.
1.1 By signing this Agreement, the Customer acknowledges and confirms that the Customer understands and accepts the terms and conditions stipulated by POSSIBLE for the purpose of efficient service provision hereunder.
1.2 In order to achieve the desired ultimate purpose of the Agreement (i.e. a marriage of the Customer and a female client introduced by the POSSIBLE), the Customer hereby acknowledges and confirms that the Customer is entering into an exclusive cooperation arrangement with POSSIBLE to provide marriage services in Ukraine, and shall not cooperate or enter into any arrangement with other Ukrainian marriage agencies during the duration of this Agreement unless such cooperation or arrangement has been separately agreed upon between POSSIBLE and the Customer.
1.3 The Customer hereby further acknowledges and confirms the Customer’s understanding that real relationships may be only created on the basis of mutual affection and interest between a man and a woman. Furthermore, by signing this Agreement, the Customer also confirms the Customer’s understanding and confirmation that only the joint efforts of all parties involved may contribute to successful achievement of the aforesaid desired ultimate purpose of the Agreement. Therefore, the Customer and POSSIBLE hereby agree to be jointly involved in the process of introduction and making acquaintances.
1.4 This Agreement is made in two (2) equally enforceable language versions – Ukrainian and English.
POSSIBLE AND THE CUSTOMER HEREBY AGREE AS FOLLOWS:
2. POSSIBLE’S DUTIES, OBLIGATIONS AND RESPONSIBILITIES
2.1 POSSIBLE will provide the Customer with the services based on the scope and price chosen by the Customer and agreed upon between the Parties.
2.2 During the duration of the Agreement, and in addition to the scope of services agreed by the Parties, POSSIBLE shall:
2.2.1 inform the Customer in respect of the expenses incurred in the course of prospective bride finding;
2.2.2 give advice, professional psychological and preparatory consultancy to the Customer, make available tests and use any required materials from the Customer’s information profile;
2.2.3 make available the information required for the prospective bride’s visa application and filing, marriage registration in Ukraine or any other information pertaining to the services under the Agreement;
2.2.4 recommend POSSIBLE’s female clients of the Customer’s liking for further acquaintance making (For such purpose, the Customer hereby acknowledges the Customer’s understanding and agreement that POSSIBLE shall not be responsible for any refusals of POSSIBLE’s female clients to meet with the Customer and for any unsuccessful communications between the Customer and female clients of POSSIBLE.);
2.2.5 provide the Customer with additional available information on POSSIBLE’s female clients whom the Customer would like to meet;
2.2.6 assist POSSIBLE’s female clients who reside beyond Kyiv in making of their travel (at the Customer’s cost) to Kyiv;
2.3 if necessary, and subject to additional fees, make reservations and bookings in apartments, hotels, recreations, and other places of interest to the couple (i.e. the Customer and POSSIBLE`s female client);
2.4 subject to additional fees, assist the Customer in the delivery of gifts, flowers, and other things to POSSIBLE`s female clients. The prices and variety of gifts are available on the relevant page of POSSIBLE’s website at www.possible.ua
3. CUSTOMER’S DUTIES, OBLIGATIONS, AND RESPONSIBILITIES
3.1 In order for POSSIBLE to provide the services set forth hereunder, the Customer shall furnish to POSSIBLE timely and only true, accurate and comprehensive information in respect of the Customer.
3.2 The Customer hereby represents and warrants that the Customer is at least 21 years old, is not married, and is not in a long-lasting relationship with another person at the time of Agreement signing.
3.3 If the Customer infringes any of the terms and conditions of the Agreement, the provisions of services under the Agreement will terminate without the Customer having any right to claim any money back. The Customer shall also indemnify POSSIBLE for any damage incurred to and time spent by POSSIBLE.
3.4 The Customer hereby confirms the Customer’s understanding that several trips by the Customer to Ukraine may be required for meetings with female clients of POSSIBLE. (POSSIBLE assumes no responsibility if the Customer, for whatever reason unless due to the sole fault of POSSIBLE, fails to meet female clients according to POSSIBLE’s plans.
3.5 The Customer shall be fully responsible for the consequences of any Customer’s decisions and relationships with females met by the Customer through POSSIBLE, including, but not limited to, Customer’s decisions on the number of costs and expenses spent related to the meetings with female clients of POSSIBLE, and Customer’s accommodation expenses and cost of travels to any POSSIBLE’s female client residing in a place other than Kyiv City. In addition, the Customer shall be responsible for all costs and expenses for any travel to the Customer’s native country or joint travel for any POSSIBLE’s female client and her children (if any).
3.6 If the Customer is unable attend a scheduled meeting with a female client and notifies POSSIBLE thereof less than 120 minutes before such meeting, then POSSIBLE’s duty of arranging such meeting shall be considered to have been made and discharged.
3.7 By signing the Agreement, the Customer consents to the collection and use by POSSIBLE of the Customer’s personal data for purpose of the Agreement.
3.8 The Customer hereby agrees to avoid any acts that may adversely influence the honour, dignity and business reputation of POSSIBLE or any POSSIBLE’s employees, and agrees to indemnify POSSIBLE and POSSIBLE`s employees in full of any property and non-property (moral) damage caused to the good name and reputation of POSSIBLE or POSSIBLE`s employees.
4. TERMS AND CONDITIONS OF SERVICE PROVISION
4.1 The rendering of services under the Agreement will commence from the start of consultancy services (i.e. a personal interview with the POSSIBLE’s representative).
4.2 In order to render further successful provisions of the services under the Agreement, the Customer shall:
4.2.1 fill out the questionnaires received from POSSIBLE specifying, among other details, the Customer’s age, lifestyle, health, family, current situation, financial condition, children from a previous marriage(s) / relationships, as well as any other information that may be essential for the building of relationships, safety and success of relations with a female client of POSSIBLE;
4.2.2 present copies of the Customer’s valid passport [or driver’s license] and specify the Customer’s registered and residential address;
4.2.3 provide at least four (4) photos taken in the most recent six months;
4.2.4. communicate preferences, recommendations or any other information concerning the Customer, if any; and
4.2.5. communicate the realistic and detailed description of the prospective girlfriend.
4.3 The Customer shall notify POSSIBLE of any changes in the Customer’s information within thirty (30) days after such changes take place.
5. MATCH-MAKING PROCESS
5.1 After a personal interview with the POSSIBLE’s representative and subject to Customer’s compliance with the terms and conditions referred to in Article 4 hereof, POSSIBLE will select female prospects for meetings with the Customer. The final list of POSSIBLE’s prospective female clients for personal meetings with the Customer shall be confirmed by the Customer at the Customer`s own discretion.
5.2 POSSIBLE will make available to POSSIBLE’s female clients such Customer information as agreed upon with the Customer.
5.3 Acquaintance will not take place unless a female client of POSSIBLE agrees to meet the Customer. The time and place of a meeting shall be chosen by the joint agreement of POSSIBLE, the Customer, and the relevant female client of POSSIBLE.
5.4 If a female client of POSSIBLE does not speak English sufficiently well, then POSSIBLE offers interpreter’s services subject to the additional fee charged for such services.
5.5 It is recommended that the first meeting of the Customer with a female client lasts between 60 and 120 minutes and takes place in the POSSIBLE’s office or in any other public place convenient for the parties. The meeting duration is not restricted and may last longer than the proscribed time, depending on the mutual interest of the Customer and POSSIBLE`s Client.
5.6 If, in the course of the match-making process, the Customer does not choose anyone from the selected female clients of POSSIBLE within the time limit determined by the Parties, the Customer and POSSIBLE may continue the match-making services upon signing a new Schedule to the Agreement specifying the additional cost and detailed description of the new pack of the match-making services. In such an event, the fee under Stage 3 amount shall remain due and payable.
5.7 If the Customer is provided with any additional POSSIBLE`s services including but not limited to match-maker’s coaching and psychological advice, then the payment for such services shall be made at the prices agreed upon between the Parties.
6. COST OF SERVICES AND PAYMENT TERMS AND CONDITIONS
6.1 Prices of the POSSIBLE’s services shall be in Euros based on the EUR/UAH exchange rate set by the National Bank of Ukraine on the payment date.
6.2 The Customer shall pay to POSSIBLE the cost of the services chosen after the prices of such services are agreed upon between the Parties in Ukrainian hryvnias (UAH) based on the EUR/UAH exchange rate set by the National Bank of Ukraine on the payment date. Payment shall be made by money transfer to the POSSIBLE’s bank account or using the payment system suggested by POSSIBLE.
6.3 Payment for the services hereunder shall be made by the Customer by advance payment installments after the commencement of POSSIBLE’s services.
6.4 The services hereunder shall be considered to have been properly rendered by POSSIBLE and accepted by the Customer in full if no justified written claims or objections are made within three (3) calendar days after the provision of such services.
6.5 No amounts paid by the Customer under the Agreement will be repaid.
6.6 The final payment for POSSIBLE’s services shall be made within thirty (30) days after the official marriage of the Customer with the matched female client suggested by POSSIBLE.
7. EFFECTIVE PERIOD OF THE AGREEMENT
7.1 This Agreement shall come into full force and effect as soon as it is signed by the Parties, and shall terminate upon the achievement of the intended ultimate purpose of the Agreement or any Party’s refusal to continue further cooperation under the Agreement. The duration of the Agreement shall not be specifically limited in time.
7.2 The duration of each separate service hereunder shall be agreed upon between the Parties.
7.3 Should the Customer breach the terms and conditions of the Agreement, or where any acts or omissions of the Customer may pose a threat to life, good name or wellness of any POSSIBLE’s female client or her child, or affect the reputation of POSSIBLE, POSSIBLE POSSIBLE has the sole right to immediately terminate the Agreement.
7.4 Subject to section 7.3 above, if any Party wishes to terminate the Agreement, such Party shall notify the other Party thereof at least thirty (30) days before the intended termination date specifying the reason of such early termination of the Agreement.
7.5 If either Party terminates the Agreement and later at any time marries a female client previously introduced by POSSIBLE to the Customer, then the Customer agrees to pay POSSIBLE the fee under Stage 3 pursuant to section 6.6 above, even though the Agreement had been terminated or otherwise had expired.
8. RESERVATIONS AND DISCLAIMER
8.1 POSSIBLE does not offer or provide any sex related services or escort services.
8.2 POSSIBLE shall not control such peculiarities of the match-making process/participants such as the age difference exceeding 10 years, children, weight problems, health problems, financial difficulties, and foreign language speaking skills. Consequently, the Customer shall align the Customer’s own search criteria with such peculiarities and other circumstances significant to the Customer.
8.3 POSSIBLE shall assume no responsibility for any gifts presented by the Customer to a female client of POSSIBLE or any money given to her at the Customer’s discretion or the Customer’s free will.
8.4 POSSIBLE reserves the right to refuse any person from entering into a services agreement or for continuing this Agreement for any reason and without explanation.
8.5 Despite the efforts of POSSIBLE, POSSIBLE does not guarantee that POSSIBLE’s female clients introduced to the Customer will be the right match or that their acquaintance will end in a long term relationship or marriage. For the avoidance of doubt, the responsibility for the creation of any relationships shall be assumed by the Customer and the relevant female client of POSSIBLE.
8.6 The Parties shall not be held liable for any total or partial failure to discharge their respective duties and obligations hereunder if such failure results from any force majeure circumstances.
8.7 POSSIBLE`s’ responsibility under the Agreement for any damage, claims, or expenses arising out of the Agreement shall never exceed the contract value of the Agreement.
8.8 The services rendered to the Customer under the Agreement shall be personal and the individual services, therefore, may not be assigned to any other person. The Customer hereby acknowledges and agrees that any attempted or actual assignment of the services hereunder will result in immediate termination of the Agreement without repayment of the money paid for any unused services.
9. CONFIDENTIALITY/PERSONAL DATA
9.1 All personal data and information received from the Customer shall be confidential and used for the purpose of the services under the Agreement only. The information in respect of the Customer shall not be made available to any third persons, companies, or organizations unless required for the implementation of the Agreement, the currently effective applicable Ukrainian laws, or agreed upon with the Customer in advance.
9.2 Any information transferred to the Customer under the Agreement by POSSIBLE or POSSIBLE’s female clients shall be strictly confidential. The Customer shall not disclose any personal information concerning POSSIBLE’s female clients without a prior written agreement from them. The Customer may not use any personal information concerning POSSIBLE’s female clients for any purpose other than the provision of the services under the Agreement. The Customer understands that disclosing any confidential information in respect of POSSIBLE’s female clients without their prior written consent may be a criminal offense under the currently effective applicable Ukrainian laws, or bring about other statutory responsibility that is likely to result in the judgment of the competent court or the order of another competent body obligating the Customer to indemnify all damages (material and moral) inflicted.
9.3. All information concerning Customer’s meetings under the Agreement (including, but not limited to, the number of such meetings, their duration, etc.) shall be strictly confidential and may not be disclosed to third parties by the Customer or by POSSIBLE.
9.4 The Parties are committed to respect privacy and to ensure the lawful processing of all personal data in compliance with the current laws of Ukraine and of any applicable jurisdiction. Each Party shall be individually responsible, as a sole data controller, for its own processing of personal data pursuant to and/or in connection with the Agreement.
9.5 Notwithstanding any other provision of this Agreement, Article 9 (Confidentiality/Personal Data) shall survive the termination of this Agreement.
10.1 This Agreement is made in conformity with the currently effective applicable Ukrainian laws.
10.2 Any and all controversies and disputes that may arise out of the Agreement shall be solved by negotiations between the Parties. If any dispute cannot be solved by negotiations, the Parties shall refer such dispute to the competent court at the defendant’s place of registration, always provided that a Party shall first send a wI will consider all suggested candidatesritten claim to the other Party seeking a pre-trial resolution of the dispute.
10.3 If the Customer fails to make timely payment for the services of POSSIBLE under the Agreement, then POSSIBLE shall be entitled to indemnification of the damage incurred due to such failure through the competent bodies at the Customer’s place of residence. In such case, all expenses related for such proceedings at the Customer’s place of residence, including the cost of retaining of attorneys, translators, interpreters, their trips and accommodation, shall be the responsibility of and charged to the Customer.
Mrs. Nataliia Oleksiivna KOVAL, an Individual Entrepreneur (Identification Number: 2855202541), Transcript No. 2 066 000 0000 053404 from the Uniform State Register of Legal Entities and Individual Entrepreneurs issued on June 06, 2019, registered place of business: 4 Bratyslavska Street, 135, Kyiv, Ukraine.
Payments Centre of OTP Bank JSC, Kyiv, BIC (MFO): 300528