RULES AND THE PROCEDURES FOR THE USE OF OTTRY SERVICES
These terms and conditions, as may be amended from time to time, apply to Online Service realization of entrepreneurial activity, provided by Ottri Limited Liability Partnership (legal entity identification code: 41385243) acting under the laws of Ukraine and registered at: 16, Glibochitskaya Str., office 13, Kiev, 04050 (hereinafter referred to as the Company). By accessing, browsing and using our Online Service you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including CONSENT FOR PROCESSING OF PERSONAL DATA).
Online Service, the content and functions to display availability of Endpoint or/and reservation goods and services on the website of the Enterprise and on these pages, and through the website are owned, operated and provided by Company, subject to the terms and conditions set out below.
DEFINITIONS
The terms not specified in this section are used in this Contract with the meaning given to them by the laws of Ukraine.
Enterprise shall mean a subject to entrepreneurial activity, which pursuant to this Contract places on the website using the software of Ottry the Ottry online service to sell its goods and services, as well as subject to the Contract with the Financial Partner accepts Cards for payment for goods/services on the Website.
Financial Partner shall mean the partner company of Ottry, which provides financial services, particularly, online payments via Visa, Master Card and other payment systems. Only a company having relevant licences for financial services can be Financial Partner.
Website Visitor shall mean any individual Internet user accessing the website of the Enterprise
Buyer shall mean a person ordering and paying using the Cards for goods or services of the Enterprise in the Internet.
Business Online Service, hereinafter referred to as Online Service shall mean the Company software providing online booking of services and goods in the Internet and / or display of Endpoint accessibility.
Endpoint shall mean the final services or product of the Enterprise, displayed on its website, which can be available for booking or purchase.
Payment mechanism shall mean service of the Financial Partner for organisation of acceptance of payments in the Internet to the account of the Enterprise.
Order shall mean a combination of goods and services of the Enterprise, their cost, method and cost of delivery, placed on the Website, as well as personal data of a Buyer.
Payment card, hereinafter referred to as the Card shall mean a special payment instrument in the form of a payment card issued in accordance with the legally established procedure, used for initiation of transfer of funds from a payer’s account or the respective bank account for payment for goods or services or performance of other transactions provided by the current laws.
Transaction shall mean a combination of transactions between a Buyer, Enterprise, and the Financial Partner for purchase of goods or services on the Website using the Card as payment instrument.
Operation shall mean a combination of registration acts of the Enterprise upon creation of an account on the Company website, and a Buyer upon completion of relevant data in the Online Service to view accessibility of Endpoint, booking and / or purchase of any product or service.
Website shall mean a combination of information and service functions accessible for Internet users, collected on one or more servers.
Enterprise website, hereinafter referred to as the Website shall mean a website managed and controlled by the Enterprise.
SCOPE OF OUR SERVICE
Selection of goods and services, formation of their list and quantity, selection of the method of delivery, viewing of accessibility of Endpoint, order for feedback shall be made by Buyer using the software tools of Ottry through the Online Service placed on the Website.
In case of purchase of a product or service through the Online Service upon switching to the website of the Financial Partner the Visitor agrees with the terms of the Public Contract of the Financial Partner, creates a user account, introduces payment card details and makes payment through the payment mechanism of the Financial Partner.
Transfer of the amount of an Order, less the commission fee of the Financial Partner, from the Buyer’s card account to the account of the Enterprise shall be made by the Financial Partner according to the technologies adopted upon performance of mutual settlements using international payment systems.
The Website visitor becomes a Buyer in case of successful registration of an Orderрегистрации Заказа and payment for it.
If a Buyer contacts the support service of the Enterprise, for settlement of the issue the Enterprise will require from the Company relevant information about Operations, status of booking or purchase of a product / service.
Responsibility for delivery of an Order to the Buyer or returning (partial returning) of an Order by the Buyer shall be borne by the Enterprise.
RESPONSIBILITY of the PARTIES
The Company shall had sole responsibility for technological support services and support of the Online Service placed on the Website, as well as for processing and keeping of personal data of Buyers (Visitors).
Responsibility for performance of a Transaction and all accompanying operations for performance of payments rests with the Financial Partner of the Company.
The Company is not responsible for the quality of services and goods provided to the Buyer by the Enterprise.
RULES FOR USING STEM ON THE OTTRY ONLINE SERVICE MARKETPLACE
Ottry Limited Liability Partnership (hereinafter – "Ottry", "Company") operates in accordance with the laws of Ukraine and is registered at: 04050, Kyiv, Glibochitskaya Str., 16, office 13, guided by Articles 633, 634 of the Civil Code of Ukraine, publicly offers to an unlimited number of persons the Online Service for conducting entrepreneurial activity on the Internet, for which purpose it publishes these Rules as follows.
Ottry Limited Liability Partnership (hereinafter – "Ottry", "Company") is an online marketplace that provides Enterprises with the technical capability to place their goods and services on the website https://ottry.com (hereinafter – Platform), and Buyers – to make reservations or purchases of such goods and services. The Company is not a seller of such goods or services. Ottry is an online marketplace that provides Enterprises with the technical capability to place their goods and services on the website https://ottry.com (hereinafter – Platform). The Ottry Online Service is not a seller of goods or services placed on the Platform, and is not a party to settlements between Enterprises and clients. Separately, the Ottry Online Service ensures the functioning of an internal non-financial mechanism called "Stem", which is used exclusively within the Platform to encourage user activity.
These Rules define the procedure for participation in the use of Stem on the Ottry online service marketplace, as well as the limits of the Company's liability when using this functionality. Participation in the use of the Rules is voluntary. Use of the Platform and the Rules functionality means full and unconditional consent of the user to these Rules.
BASIC TERMS AND CONCEPTS
Terms not specified in this section are used in the text of these Rules in the meanings defined in Section 2 of the Company's Public Agreement ("Basic Terms and Concepts") and in accordance with the laws of Ukraine.
For the purposes of these Rules, the same terms are used as in the Public Agreement, in particular: Enterprise, Financial Partner, Marketing Partner, Website Visitor, Buyer, Online Service, Endpoint, Management Kit, Payment Mechanism, Order, Payment Card (Card), Transaction, Operation, Website, Enterprise Website (Site), Account.
Additionally, the following concepts are used:
Marketplace (Platform) - an electronic commercial system that ensures interaction between sellers and buyers by placing offers of goods and services, providing information about them, as well as creating technical capabilities for their viewing, booking, payment, purchase, etc.
Rules for Using Stem on the Ottry online service marketplace - a technical solution that allows using the Ottry online service marketplace for Using Stem, the issuer of which is the Ottry online service marketplace, in accordance with its own rules and loyalty policies. The Rules Administrator provides the opportunity to receive and use Stem in the manner defined by these Rules.
Stem - a conditional unit of internal Platform activity, which is not a financial instrument, electronic money, digital asset or means of payment. Stem has no monetary equivalent, is not subject to sale, exchange or return. Stem for activity - a separate type of non-financial unit of internal Platform activity, the issuer of which is the Rules Administrator and which can be obtained for user activity on the Platform, participation in actions, interactives, challenges and social activities, etc.
Rules Administrator for Using Stem/Rules Administrator — Ottry LLC, which provides the technical capability for these Rules to operate within the Online Service.
GENERAL PROVISIONS
These Rules are a functional addition to the Ottry Online Service, which provide the opportunity to issue Stem and earn it on the Platform in accordance with the conditions of these Rules.
Stem is not a financial service, payment system, gambling or lottery.
Stem is not user income, does not form a tax object and does not create a risk of money loss. The Rules for Using Stem do not provide for random determination of winners.
Stem has no monetary equivalent, cannot be sold or exchanged for funds in any way. Stem is not subject to return.
Receiving Stem is not guaranteed and depends on user activity, actions of counterparties, conditions of Enterprises, Company decisions and availability of rewards at a certain time.
The Rules Administrator provides technical support for the Stem functionality.
Stem is not user income, as it has no monetary expression and cannot be converted into funds. Operations with Stem do not create tax obligations.
STEM ACCRUAL
The Rules Administrator may accrue Stem to Buyers in accordance with the procedure defined in these Rules.
Stem may be accrued, in particular, for:
- regular login to the Platform;
- subscription to the Company's official social networks;
- activity on social networks (posts, reposts, participation in tasks);
- participation in promotional campaigns, interactives and surveys;
- completing challenges;
- referring a friend;
- user's birthday;
- participation in mystery boxes;
- finding game elements on the Platform;
- other actions defined by the Company.
The list defined above is not exhaustive and may be changed by amending these Rules and supplementing with appropriate changes, after which the updated Rules are subject to publication on the official website of the marketplace.
Stem is not a monetary means, has no monetary equivalent and cannot be exchanged for money.
The Company independently establishes rules, validity periods and the procedure for using Stem.
USING STEM
Stem may be used by users to obtain non-material benefits, in particular, but not exclusively:
- participation in seller voting on events;
- dinner with a DJ or organizer;
- access to VIP chats with artists;
- opportunity to ask a guaranteed question to an artist;
- opportunity to leave priority comments ("super-comments");
- obtaining profile verification ("blue checkmark");
- early access to tickets;
- opportunity to learn about the completion of sale of cheaper tickets;
- signal about possible free upgrade;
- account customization (skins);
- "top" positions of the seller;
- email newsletters from sellers;
- other benefits defined by the Company.
Stem is not a means of payment.
The Company may introduce a VIP profile status, which is granted for a certain amount of Stem.
VIP status may allow:
- booking tickets in the first wave of sales at a lower price with the possibility of redemption at a specified later date;
- preserving the first wave price;
- other privileges defined by the Company.
It is prohibited to create fake accounts to accumulate Stem, transfer login/password, or commit fraudulent actions. The Company has the right to block violators of the Rules conditions.
The Rules Administrator introduces and ensures the functioning of an internal non-financial unit called "Stem".
Using Stem to purchase goods or services is not permitted.
Ottry has the right to accrue Stem for user activity within the Platform. Sellers and Platform users may accumulate Stem and transfer it free of charge to other users for activity within the Platform.
Transfer of Stem between users is not a payment, gift in monetary terms, reward or settlement and does not create financial or tax obligations for any of the parties.
STEM VALIDITY PERIOD
The Stem validity period is determined by the Rules Administrator in the relevant announcements, which are available to all Platform visitors on the official website of the Rules Administrator.
LIABILITY
The Rules Administrator may restrict or block a user's account in case of fraud, manipulation, violation of rules or transfer of access to third parties.
PERSONAL DATA PROCESSING
The user agrees to the processing of their personal data necessary for:
- accounting for Stem;
- participation in the use of these Rules;
- participation in challenges and interactives;
- personalization of offers and recommendations;
- technical operation of the Platform.
Data processing is carried out in accordance with the Law of Ukraine "On Personal Data Protection" and the Ottry Privacy Policy.
CHANGES AND TERMINATION OF RULES
The Ottry Online Service has the right to change or terminate these Rules at any time. Changes take effect from the moment of publication of the updated version on the Platform.
In case of termination of the Rules, Stem may be annulled in accordance with the rules established by the Company, about which information will be published on the Platform.
OTHER PROVISIONS
All issues not regulated by these Rules are regulated by the Ottry Online Service Public Agreement and the Platform Usage Rules.
Disputes are resolved in accordance with the laws of Ukraine.
