User Agreement (EU)
Physical Entrepreneur Dina Pavlovna Sultanova, hereinafter referred to as the Rightholder, acting on the basis of the record of state registration in the Unified State Register of Legal Entities, Physical Entrepreneurs and Public Formations number 2010350000000323197 from 05.06.2023, addresses this Agreement (hereinafter referred to as the Agreement) to any person (indefinite circle of persons) who expressed willingness to enter into an agreement on the terms and conditions set forth below (hereinafter referred to as the User).
This Agreement, according to Art. 633 of the Civil Code of Ukraine, is a public contract, acceptance of the terms and conditions (acceptance) of which is the performance of actions provided by the Agreement.
Before accepting this Agreement, we ask you to carefully read the following terms and conditions of use. Using the services of the Rightholder, you understand the terms and conditions set forth in this Agreement and undertake to comply with them. If you do not agree with any clauses of the Agreement or they are not clear to you, you are obliged to refuse to use the services of the Rightholder. It is not allowed to use the services of the Rightholder without agreeing to the terms and conditions of this Agreement.
1.Definitions
1.1 The terms and conditions of the Agreement regulate the relations between the Rightholder and the User and contain the following definitions:
1.1.1.Offer - this document (Agreement) posted on the Internet at the address: /publichnaya-oferta
1.1.2 Acceptance - full and unconditional acceptance of the offer by performing the actions specified in paragraph 3.1 of the Agreement.
1.1.3 Right holder - an individual entrepreneur Dina Pavlovna Sultanova, who posted the offer.
1.1.4. User - a legal entity or a capable natural person who has concluded the Agreement by means of acceptance on the terms and conditions contained in the offer.
1.1.5. Platform - a set of web pages hosted on virtual servers and forming a unified structure, located on the Internet at the following address: eu.nspclub.org, nspclub.pl, nspclub.de, nspclub.it, nspclub.fr, nspclub.es, nspclub.ro, nspclub.nl, nspclub.gr, nspclub.cz, nspclub.pt, nspclub.sk, nspclub.lt, nspclub.lv, nspclub.ee, nspclub.dk, nspclub.fi, including subdomains.
1.1.6.Content - information presented in text, graphic, audiovisual (video) formats on the Platform, which is its content. The content of the Platform is divided into the main - user content, and auxiliary - administrative content, which is created by the Rightholder to facilitate the functioning of the Platform, including the interface of the Platform.
1.1.7 Simple (non-exclusive) license - a non-exclusive right of the User to use the result of intellectual activity specified in clause 2.1 of the Agreement, with the Rightholder retaining the right to grant licenses to other persons.
1.1.8.Personal Account is a virtual tool of personal self-service of the Rights Holder located on the Platform.
1.1.9.User's personal account is a unique login and password for entering the personal account.
1.1.10.Goods - things of the material world, as well as non-exclusive licenses for the right to use objects of intellectual property (including, but not limited to the following products: courses, trainings, webinars, analytical tests, consultations), presented for sale on the Platform of the Rightholder.
1.1.11.Order - a duly executed request of the User to purchase and deliver to the address specified by the User a list of Goods selected on the Platform of the Rightholder.
2.Subject of the Agreement
2.1 This Agreement defines the terms and procedure of using the Platform, which is owned and administered by the Licensor.
2.2 The Licensor guarantees that it is the owner of the property rights to the Platform.
2.3 By ordering Goods through the Platform, the User agrees to this Agreement and all its terms and conditions.
2.4.Ordering Goods may be placed by the User in the following ways:
- by phone: +380931775773
- by e-mail: Help@NSPclub.org, info@nspclub.org;
- through an online consultant on the websites of our Platform;
- via messengers specified on the website;
- is executed by the User independently on the Platform of the Rights Holder.
2.6 The User shall independently select the Goods on the Platform and place them in the Shopping Cart to place an order. Placing the Goods in the Shopping Cart is not an order, the User can independently delete and add the Goods in the Shopping Cart before placing an order.
3.Acceptance of the terms and conditions of the agreement
3.1.Acceptance (acceptance of the offer) is when the User clicks the button "I have read and agree with the terms of the Agreement".
3.2.The agreement of purchase and sale of Goods is considered to be concluded from the moment of receipt by the Rightholder of the message about the User's intention to purchase the Goods.
3.3.By performing actions on acceptance of the offer in the order defined by p. 3.1 of the Agreement, the User guarantees that he/she will be able to purchase the Goods. 3.1 of the Agreement, the User guarantees that he/she is familiarized, agrees, fully and unconditionally accepts all the terms and conditions of the Agreement and undertakes to comply with them.
3.4 The User hereby confirms that acceptance (taking actions to accept the offer) is tantamount to signing and concluding the Agreement on the terms and conditions set forth in this Agreement.
3.5.The offer comes into effect from the moment of its placement on the Internet on the Platform and is valid until the offer is withdrawn.
3.6.This Agreement is posted in writing on the Platform. If necessary, any person may be given the opportunity to read the paper version of the Agreement upon request.
3.7.The Agreement may be accepted only as a whole. After the User accepts the terms and conditions of this Agreement, it acquires the force of a contract concluded between the Rightholder and the User, and such a contract as a paper document signed by both Parties is not formalized.
3.8 To organize interaction between the Rights Holder and the User, the User shall independently register a Personal Account.
3.9. The Rightholder reserves the right to make changes to this Agreement without any special notification, in connection with which the User undertakes to regularly monitor changes in the Agreement. The new edition of the Agreement comes into effect from the moment of its posting on this page, unless otherwise provided by the new edition of the Agreement. The current version of the Agreement is always available on this page on the Platform.
4.Rights and obligations of the Parties
4.1 The Rights Holder undertakes:
4.1.1 Within 10 calendar days from the date of receipt of the relevant written notice from the User, the Rightholder undertakes to eliminate the deficiencies of the Platform identified by the User at its own cost and expense, namely:
- inconsistency of the Platform content with the data specified in clause 2.1 of the Agreement;
- the presence in the Platform of materials prohibited for distribution by law.
4.1.2 Provide the User with information about the main consumer properties of the Goods, the full company name (name) of the Rightholder, the price and terms of purchase of the Goods, their delivery, service life, shelf life and warranty period, the procedure of payment for the Goods, as well as the period during which the offer to conclude a contract is valid, i.e. complete, reliable and accessible information characterizing the offered Goods.
4.1.3 Refrain from any actions that may hinder the User from exercising the right to use the Platform within the limits set by the Agreement.
4.1.4 Provide information on the issues of work with the Platform by means of e-mail, forum, blog. Up-to-date e-mail addresses can be found in the "Contacts" section of the Platform at the address.
4.1.5.After placing an Order on the Platform, send the User a confirmation by SMS message or a phone call from a manager. The manager supervising this Order shall clarify the details of the Order, agree on the date, place and time of delivery. If the Rightholder's warehouse does not have the ordered Goods or the required quantity of the ordered Goods, the Rightholder informs the User about it by phone call, e-mail or messengers.
4.1.6 Use all personal data and other confidential information about the User only for rendering services in accordance with the Agreement and Privacy Policy.
4.1.7 Ensure the confidentiality of information entered by the User when using the Platform through the User's personal account, except for the cases of placing such information in publicly available sections of the Platform (e.g. chat).
4.1.8 Advise the User on all issues related to the Platform. The complexity of the issue, the scope and terms of consulting are determined in each specific case by the Rightholder independently.
4.2 The User is obliged to:
4.2.1.Use the Platform only within the limits of those rights and in the ways provided for in the Agreement.
4.2.2.When registering in the personal account, provide real, not fictitious information. In case of detection of unreliability of the submitted information, as well as if the Rightholder has reasonable doubts about their reliability (including if the contact information specified in the attempt to contact you turns out to be nonexistent), the Rightholder has the right to unilaterally terminate relations with the User, delete the User's account and block access to the Site.
4.2.3.Keep secret and not disclose to third parties the information about their password that gives access to the User's Personal Account. If such information becomes known to third parties for any reason, the User undertakes to change it immediately.
4.2.4.Specify the following information about their contact details, phone number, surname, first name, patronymic, address and time of delivery of the Order, e-mail address, as well as leave comments if necessary.
4.2.5. Strictly adhere to and do not violate the terms and conditions of the Agreement, as well as ensure the confidentiality of commercial and technical information obtained in cooperation with the Right holder.
4.2.6 Refrain from copying in any form, as well as from modifying, supplementing, distributing the Platform, the Platform content (or any part thereof), as well as refrain from creating derivative objects on its basis without the prior written permission of the Rights Holder.
4.2.7.Do not use any devices or computer programs to interfere or attempt to interfere with the process of normal functioning of the Platform of the Rightholder.
4.2.8.Immediately inform the Licensor about all facts of unlawful use of the Platform by third parties that have become known to him.
4.2.9. Use the Platform without violating the property and/or personal non-property rights of third parties, as well as prohibitions and restrictions established by applicable law, including without limitation: copyright and related rights, rights to trademarks, service marks and appellations of origin, rights to industrial designs, rights to use images of people.
4.2.10. Do not allow posting and transmission of materials of illegal, obscene, libelous, defamatory, threatening, pornographic, hostile nature, as well as those containing harassment and signs of racial or ethnic discrimination, calling for actions that may be considered a criminal offense or a violation of any legislation, as well as considered inadmissible for other reasons, materials promoting the cult of violence and cruelty, materials containing foul language.
4.2.11. Not to distribute advertising materials in personal messages to other Users without their prior consent to receive such materials (SPAM).
4.2.12. Fulfill other obligations stipulated by the Agreement.
4.3 The Rightholder has the right to:
4.3.1.Suspend or terminate the User's registration and access to the Platform if the Rights Holder reasonably believes that the User is engaged in unlawful activity.
4.3.2 Collect information about the User's preferences and the way they use the Platform (most frequently used functions, settings, preferred time and duration of work with the Platform, etc.), which is not personal data, to improve the operation of the Platform, diagnose and prevent failures of the Platform.
4.3.3 Request from the User additional information about his/her position and occupation, including the company he/she represents, when registering in the personal account or at any other time. The Rights Holder has the right to refuse the User to use the Platform (up to and including deletion of the User's Personal Account) or limit its use at its own discretion, if the User is not an employee of the company or representative of the person for whom the Platform is intended, or if the User refuses to provide the requested information. The Rightholder, at its own discretion, has the right to provide limited access to the Site for the purposes of familiarization to other persons who are not engaged in specialized activities.
4.3.4 Unilaterally amend the Agreement by issuing new editions thereof.
4.3.5. To delete the user content at the request of authorized bodies or interested parties in case this content violates the applicable legislation or rights of third parties.
4.3.6. Temporarily stop the Platform operation, as well as partially restrict or completely stop access to the Site until the completion of the necessary technical maintenance and (or) modernization of the Platform. The User shall not be entitled to claim damages for such temporary suspension of services or limitation of the Platform availability.
4.4.The User shall be entitled to:
4.4.1.Use the Platform within the limits and in the ways provided for in the Agreement.
4.5.The User may not consent to the execution of this Agreement if he/she does not have the legal right to use the Platform in the country in which he/she is located or resides, or if he/she has not reached the age of consent to enter into this Agreement.
5.Terms and Conditions of Use
5.1.Subject to the User's performance of this Agreement, the User is granted a simple (non-exclusive) license to use the Platform using a personal computer, cell phone or other device, to the extent and in the manner set forth in the Agreement, without the right to grant sublicenses and assignments.
5.2.In accordance with the terms of the Agreement, the Rights Holder grants the User the right to use the Platform in the following ways:
5.2.1.Use the Platform for viewing, familiarization, leaving comments and other records and realizing other functionality of the Platform, including by reproduction on the monitor (screen) of the corresponding technical means of the User;
5.2.2 Briefly load into the computer memory for the purposes of using the Platform and its functionality;
5.2.3 Quote elements of the User content of the Platform with indication of the source of quotation, including a link to the URL of the Platform.
5.3. The User may not take the actions specified below when using the Platform, as well as any components of the Platform:
5.3.1.Modify or otherwise revise the Platform, including translating it into other languages.
5.3.2.Copy, distribute or revise materials and information contained on the Platform, except when it is necessary and caused by the realization of the functionality available to a particular User.
5.3.3.Violate the integrity of the security system or perform any actions aimed at bypassing, removing or deactivating the technical means of protection; use any program codes designed to distort, delete, damage, simulate or violate the integrity of the Platform, transmitted information or protocols.
5.4.Any rights not expressly granted to the User in accordance with this Agreement shall be retained by the Rights Holder.
5.5.The Platform is provided by the Licensor in the "AS IS" state, without warranty obligations of the Licensor or any obligation to eliminate defects, operational support and improvements. All information on the site is for guidance only and should not be considered as an alternative to medical advice. The right holder is not responsible for any diagnosis made by the User on the basis of the site materials. The copyright holder is also not responsible for the content of other Internet resources, links to which are present in this article. Do not self-medicate. If you are concerned about your health or the health of your loved ones, consult a doctor.
5.6.With respect to the User Content, the User warrants that he/she owns or has the necessary licenses, rights, consents and permissions to use and grant the Rightholder the right to use all User Content in accordance with this Agreement; he/she has the written consent and (or) permission of each person, somehow present in the User Content, to use personal data (including image if necessary) of this person in order to post and use the User Content.
5.7 By accepting the terms of this Agreement, the User gratuitously grants to the Licensor and other Users a non-exclusive royalty-free right to use (a simple license) the materials that the User adds (posts) on the Platform in the sections intended for access by all or part of the Users (chats, discussions, comments, etc.). The said right and/or permission to use materials shall be granted simultaneously with the User's addition of such materials to the Platform for the entire term of the exclusive intellectual property rights or protection of non-property rights to the said materials for their use on the territory of all countries of the world.
6.Personal Data and Privacy Policy
6.1.To fulfill the terms and conditions of the Agreement, the User agrees to provide and consents to the processing of personal data in accordance with the Law of Ukraine dated 01.06.2010 "On Protection of Personal Data" on the terms and for the purposes of proper execution of the Agreement. By "personal data" is meant personal information that the User provides about himself/herself for the purpose of making an acceptance.
6.2 The Rightholder guarantees confidentiality in relation to the User's personal data and provides access to personal data only to those employees who need this information to fulfill the terms of the Agreement, ensuring that the specified persons observe confidentiality of personal data and security of personal data during their processing. The Rightholder also undertakes to keep confidentiality of all information received from Users, regardless of the content of such information and methods of obtaining it.
6.3.In case the User loses the identification data (login/password) for access to the personal account, the User has the right to request this information from the Rightholder by sending a request via the Rightholder's e-mail.
6.4 The information (personal data) obtained by the Licensor is not subject to disclosure, except for cases when its disclosure is mandatory under the laws of Ukraine or necessary for the operation of the Platform and its functions (for example, when publishing comments in the Platform's "Comments" section, the name, date and time of sending the comment are displayed under the comment written by the User).
7.Responsibility of the Parties
7.1 The Parties are responsible for non-fulfillment or improper fulfillment of their obligations in accordance with the terms of the Agreement and the legislation of Ukraine.
7.2 The Right Holder does not assume responsibility for the conformity of the Platform to the purposes of use.
7.3 The Rights Holder is not responsible for technical failures of the Platform. At the same time, the Licensor undertakes to take all reasonable measures to prevent such interruptions.
7.4 The Rights Holder is not liable for any actions of the User related to the use of the granted rights to use the Platform; for damages of any kind incurred by the User due to the loss and/or disclosure of his/her data or in the process of using the Platform.
7.5.In case any third party makes a claim to the Rightholder in connection with the User's violation of the Agreement or applicable legal regulations, violation of third party rights (including intellectual property rights) by the User, the User undertakes to compensate the Rightholder for all costs and losses, including payment of any compensation and other costs associated with such a claim.
7.6 The Rightholder is not responsible for the content of messages or materials of the Platform Users (User Content), any opinions, recommendations or advice contained in such content. The Licensor does not perform a preliminary check of the content, authenticity and safety of these materials or their components, as well as their compliance with the requirements of the applicable law, and the availability of the Users of the necessary scope of rights to use them on a mandatory basis.
7.7 The Rights Holder is not liable for any damage caused to the User as a result of improper use of the Goods ordered on the Platform.
8.Dispute Resolution
8.1.Claims procedure of pre-trial settlement of disputes arising from this Agreement is obligatory for the Parties.
8.2.Claim letters shall be sent by the Parties by registered mail with return receipt requested to the address of the Party's location.
8.4.The term of consideration of the letter of claim is 15 working days from the date of receipt by the addressee.
8.5.In case of impossibility of pre-trial settlement of the dispute, it shall be considered in court in accordance with the current procedural legislation of Ukraine.
9.Final provisions
9.1 This Agreement shall be regulated and interpreted in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of Ukraine. All possible disputes arising out of the relations regulated by this Agreement shall be resolved in accordance with the procedure established by the current legislation of Ukraine. Throughout the text of this Agreement the term "legislation" shall mean the legislation of Ukraine.
10. dispatch of the order
Ordered products are shipped from Nature's Sunshine's European approved center:
Nature's Sunshine Products Poland Sp. z o.o.
with location in Warsaw at:
ul. Olkuska 7, 02-604, Warsaw,
tel.: (22) 311 21 00;
fax: (22) 311 21 01,
e-mail: biuro@natr.com
10.Addresses and details of the parties
10.1.Right holder:
Dina Pavlovna Sultanova FLP
legal address: 8, Kotlyarevskogo str., Smela city, Cherkassy region, Cherkassy district, city of Smela, 20703
RNUCPN: 2986914601