Public Offer Agreement

This Public Offer Agreement (hereinafter referred to as the “Agreement”) is an accession agreement for business entities (legal entities and individual entrepreneurs) and individual consumers, which determines the obligations in the implementation of actions aimed at purchasing gift certificates, using gift certificates and / or activation of gift certificates, information about cultural events, sale of Event Tickets.

The Agreement is posted on the website of the LIMITED LIABILITY COMPANY "YOLO" (identification code: 405495735) in free access and in a way that provides familiarization with the contents of this Agreement for each person applying to the Company or a business entity that provides the relevant services on the basis of a commercial contract. concession (franchising) concluded with the “YOLO" LLC for the receipt, use and / or activation of gift certificates through the website.

A business entity or an individual consumer applies to "YOLO" LLC (code: 405495735) or a business entity carrying out activities stipulated by the terms of this Agreement on the basis of a commercial concession (franchising) agreement concluded with  “YOLO" LLC  ("Franchisee"), for the purchase of gift certificates, their use and / or activation, declares full and proper familiarization with the terms of the Agreement, declares the acceptability of the terms of the agreement, agrees and accedes to the terms of this Agreement.

1. DEFINITION OF TERMS

1.1 "Seller" - "YOLO" LLC , which is registered and operates in accordance with the legislation of Georgia(identification code 405495735), legal address: 0171, Tbilisi, Viktor Dolidze st., 27, apt. 3, tel. +995 550 50 30 30 , https://yolo.ge , or a business entity that carries out activities stipulated by the terms of this Agreement on the basis of a commercial concession (franchising) agreement concluded with the "YOLO" LLC ("Franchisee") .

1.2. "Buyer" - a business entity or an individual consumer who has the necessary and sufficient amount of legal personality (legal capacity and legal capacity), on legal grounds and for the purpose that does not violate the requirements of the current legislation of Georgia, applies to the Seller, in general and unconditionally joins the terms of this Agreement.

1.3. “Holder” means the person holding the Gift Certificate and/or Ticket.

1.4. "Provider" - a business entity that, on the basis of an agreement with the Seller: (I) granted the Seller the right to claim for the consumption of services, (II) granted the Seller the right of withdrawal in favor of third parties of the right to claim for the consumption of services and (III) directly provides services in exchange for activated Gift Certificates and / or tickets.

1.5. "Gift certificate", "Certificate" - a material or electronic medium made in the form of a plastic card or generated by the Seller in electronic form, respectively, which is marked with the sign for goods and services "YOLO", contains an individual serial number and / or bar code, and confirms the right of claim of the Holder of this certificate.

1.6. "Certificate Packing Kit" - the box and printed data about the impression, the terms of use and activation of the Certificate.

1.7. "Gift Certificate and/or Ticket Value" - the nominal value of the Certificate and/or Ticket, which determines the maximum value of the right to claim, at which the Certificate and/or Ticket for which the Buyer can attend the Event can be activated. The nominal value of the Gift Certificate and / or Ticket is determined by the amount of funds paid to the Seller on account of acquiring the right to claim.

1.8. "Cost of the right of claim" - the price of acquisition by the Holder of the right of claim for the relevant type of Impressions and / or Events, the cost and content are determined and / or will be determined by the Seller on the site.

1.9. "Validity period of the Gift Certificate" - the period during which the Holder has the right to activate the Certificate.

1.10. "Right of Claim" - the right of the Holder under the activated Gift Certificate to require the Provider to provide the service, the content of which was agreed between the Seller and the Holder upon activation of the Gift Certificate and / or Ticket.

1.11. "Gift Certificate Activation" - coordination of the assortment of the right of claim (type of impressions), by performing the full range of counter actions by the Holder and the Seller, specified in clauses 9.1, clause 9.2, clause 9.2.1 of the Agreement, as a result of which the Holder acquires the right to claim on the Gift Certificate and the Certificate is activated.

1.12. "Website" - a set of web pages that are combined by navigation, content and placed on the Internet at: https://yolo.ge

1.13. "Point of sale" - a stationary retail facility located in a separate building, premises or areas of the premises in which the Seller, including the Franchisee, carry out entrepreneurial activities. The address and working hours of the points of sale are determined on the website;

1.14. "Franchisee" - a business entity carrying out activities stipulated by the terms of this Agreement, on the basis of a commercial concession (franchising) agreement concluded with the "YOLO" LLC.

1.15. "Separation of the Gift Certificate" - distribution of the right of claim of the Holder, which is certified by the corresponding Gift Certificate, into several parts by dividing the Denomination of the Gift Certificate presented by the Holder into several parts of the corresponding denominations specified by the Holder, and assigning individual serial numbers to these parts, which are reported to the Holders, necessary to exercise the rights of claim under these parts of the Gift Certificate.

1.16. "Association of Gift Certificates" - the unification of the Holder's claim rights, which is certified by various Gift Certificates, into a single claim right by summing the Gift Certificate Denominations presented by the Holder and assigning an individual serial number to the combined right of claim (which corresponds to the sum of the Gift Certificate Denominations presented by the Holder), which is communicated to the Holder and is necessary for him to exercise his right to claim under this combined Gift Certificate.

1.17. "Redistribution of Gift Certificates" - the implementation of the division and / or consolidation of Gift Certificates, as a result of which several Gift Certificates are assigned new individual serial numbers necessary to exercise the right to claim these Gift Certificates.

1.18. "Increase in the value of the Gift Certificate" - an increase in the value of the Gift Certificate presented by the Holder by accepting additional payments from him, the amount of which is equal to the difference between the value of the Gift Certificate that the Holder wishes to receive and the value of the Gift Certificate that the Holder already has (without changing the serial number of the Gift Certificate). certificate) and, accordingly, an increase in the Nominal value of the Gift Certificate held by the Holder, with notification of such an increase to the Holder who made the corresponding additional payment.

1.19. "Event" - any cultural, entertainment, sports or other event hosted on yolo.ge

1.20. "Ticket" - the right to visit the Event, acquired by the Buyer.

1.21. “Transaction Fee” means a fee charged by a bank or other payment companies during any financial transaction. (purchase of Gift Certificates and/or Tickets, refunds, etc.)

 

2. SUBJECT OF THE AGREEMENT

2.1. In the manner and on the terms specified in the Agreement, the Seller undertakes to transfer Gift Certificates and / or Tickets to the Buyer, and the Buyer undertakes to pay for and accept Gift Certificates and / or Tickets in accordance with the terms of this Agreement.

2.2. The price of the Gift Certificates and/or Tickets is determined by the face value of the Gift Certificates and/or Tickets.

2.3. The Seller guarantees that the right of claim, by which the activation of Gift Certificates and / or Tickets can be carried out, belongs and / or will belong to him in the future on the right of ownership, is not and will not be under the prohibition of alienation, arrest, is not and will not be the subject of pledge and other means of securing the fulfillment of obligations to any natural or legal persons, state bodies and the state, and is not and will not be the subject of any other encumbrance or restriction provided for by the current legislation of Georgia.

 

3. PROCEDURE FOR ORDERING GIFT CERTIFICATES AND/OR TICKETS VIA REMOTE COMMUNICATIONS

3.1. The order of the Goods is carried out by the Buyer through the Internet site yolo.ge.

3.2. When registering on the Seller's website, the Buyer undertakes to provide the following registration information about himself:

• last name, first name,

• actual delivery address;

• E-mail address;

• contact phone number (mobile and/or landline).

3.3. When placing an Order through the Operator, the Buyer undertakes to provide the information specified in clause 3.2 of this Agreement. Acceptance by the Buyer of the terms of this Agreement is carried out by entering the relevant data into the registration form on the Website or when placing an Order through the Operator. The buyer has the right to edit the registration information about himself. The Operator does not change or edit the registration information about the Buyer without the consent of the latter. The Seller undertakes not to disclose the Buyer's data specified during registration on yolo.ge and when placing an Order to persons not related to the execution of the Order. Having approved the Order of the selected Goods, the Buyer provides the Operator with the necessary information in accordance with the procedure specified in clause 3.2 of this Agreement.

3.4. By placing an Order, you agree that we may use your personal information to:

- sending communications such as emails or short text messages (sms) about our products and services, targeted promotions, service updates and promotions;

-determine the effectiveness and improvement of our products and services, content and advertising.

3.5. The Seller and the Operator are not responsible for the content and accuracy of the information provided by the Buyer when placing the Order.

3.6. The Buyer is responsible for the accuracy of the information provided when placing the Order.

3.7. Payment by the Buyer of an Order independently placed on the website means the Buyer's consent to the terms of this Agreement. The day of payment for the Order is the date of conclusion of the Purchase Agreement between the Seller and the Buyer.

3.8. All information materials presented on the yolo.ge website are for reference only and cannot fully convey reliable information about certain properties and characteristics of the Goods. If the Buyer has any questions regarding the properties and characteristics of the Goods, before placing the Order, he must seek advice from the Operator.


4. TERMS AND CONDITIONS OF TRANSFER OF GIFT CERTIFICATES AND / OR TICKETS WHEN ORDERING THEM BY REMOTE COMMUNICATIONS

4.1. The transfer of a batch of Gift Certificates and / or Tickets in accordance with Orders placed in accordance with section 3 of the Agreement is carried out by the Seller within the following terms:

4.1.1. In the case of the transfer of Gift Certificates and / or Tickets under the terms of clause 4.2.1 of the Agreement, the Seller transfers Gift Certificates made in the form of a plastic card and / or Tickets in printed form, starting from the next day at a time convenient for the buyer, or Tickets. Transfer of certificates and / or Tickets is carried out at points of sale or by delivery services during their working hours.

4.1.2. In the case of the transfer of Gift Certificates and / or Tickets generated in electronic form, under the terms of clause 4.2.3 of the Agreement, the Seller transfers the relevant Gift Certificates and / or Tickets within the time period agreed by the parties in accordance with the Offer.

4.1.3. Acceptance by the Buyer of Gift Certificates and / or Tickets is allowed only after payment of their cost and payment of the cost of ensuring their transportation and delivery, if requested by the Buyer. In the event of incorrect data on the location of the recipient of the delivery, if it is impossible to identify the address and contact the Buyer, the Seller has the right to refuse to perform courier delivery. For delivery details, see the Delivery Terms section.

4.2. The transfer of Gift Certificates and / or Tickets is carried out by the Seller on the terms:

4.2.1. personal receipt by the Buyer of Gift Certificates made in the form of a plastic card and / or Tickets made in the form of printed products at the address of the points of sale.

4.2.2. transfer of Gift Certificates made in the form of a plastic card and / or Tickets made in the form of printed products to the Buyer through an organization that provides transportation and delivery of the Certificate (courier service, carrier, mail, etc.) chosen by the Seller, and by address specified by the person who made the Orders.

4.2.3. sending Gift certificates and / or Tickets generated in electronic form to the Buyer's e-mail.

4.3. In the event of the transfer of Gift Certificates and / or Tickets on the terms specified in clause 4.2.1 of the Agreement, the ownership of the Certificate and / or Ticket and the risk of accidental damage, destruction and / or actual loss of Certificates and / or Tickets passes from the Seller to the Buyer from the moment of transfer of the batch of Gift Certificates and / or Tickets to the Buyer.

4.4. In the event of the transfer of Gift Certificates and / or Tickets on the terms specified in clause 4.2.2 of the Agreement, the ownership and risk of accidental damage, destruction and / or actual loss of Certificates and / or Tickets passes from the Seller to the Buyer from the moment the Order is transferred to the organization, which provides transportation and delivery (courier service, carrier, mail, etc.). Obligations to transfer the order in favor of the Buyer, in this case, are considered fulfilled from the moment of receipt by the organization providing transportation and delivery of Certificates and / or Tickets (courier service, carrier, mail, etc.).

4.5. In the case of the transfer of Gift Certificates and / or Tickets on the terms specified in clause 4.2.3 of the Agreement, the ownership of the Certificates and / or Tickets and the risk of accidental damage, destruction and / or actual loss of Certificates and / or Tickets passes from the Seller to the Buyer from the moment such certificates are sent by the Seller to the Buyer's e-mail.

4.6. The Buyer, at his own expense, accepts a batch of Gift Certificates and / or Tickets at the address specified in clause 4.2.1 of the Agreement or the address specified in the Application, provided that the order is transferred in accordance with clause 4.2.2 of the Agreement. The Buyer, if necessary, independently provides a printout of the Gift Certificates and / or Tickets generated in electronic form and received by him by e-mail in accordance with clause 4.2.3 of the Agreement.

 

5. ORDER TRANSFER PROCEDURE

5.1. The transfer and acceptance of Gift Certificates and / or Tickets is executed by waybill or receipt (hereinafter referred to as the "trade document"), which are generated by the Seller, including the Franchisee, in paper or electronic form

5.2. The Buyer, at the time of receipt of the trade document, subject to the compliance of the Gift Certificates and / or Tickets with the terms of the Orders, if necessary, is obliged to sign a copy of the trade document belonging to the Seller in paper form (if received from the Seller in such a form) or send the trade document to the Seller, signed by the Buyer in electronic form (if received from the Seller in such a form). If, within 72 hours from the moment the Seller sends the Buyer a shipping document in electronic form, no comments are made to it, provided for in clause 5.3 of the Agreement, then the corresponding shipping document in electronic form is considered signed by the Buyer. After placing and paying for the order, the Buyer's registration profile displays a commodity document - in the Personal Account in the Order Information section. When making a purchase of a certificate at points of sale, the Seller registers the Buyer on the site or finds him in the database and, thereby, displays the Buyer's Order Information in his personal profile.

5.3. In the event of obvious defects in the number and denominations of Gift Certificates and / or Tickets, the Buyer, at the time of receipt of the shipping document (and in the case of sending the shipping document in electronic form - no later than 72 hours from the moment it was sent to the Buyer by the Seller), has the right to refuse to accept Gift Certificates and / or Tickets and provide the Seller (franchisee) with a notice of defects that exclude the acceptance of certificates and / or Tickets. In the message about the shortcomings, excluding the acceptance of Certificates and / or Tickets, the Buyer undertakes to indicate:

- date and place of the message;

- surname, name, patronymic of the person who made the message;

- shortcomings that exclude the signing of trade documents.

5.4. The Seller (franchisee), within 15 (fifteen) working days from the date of receipt of the notice of defects, excluding the signing of shipping documents and acceptance of the Certificate / Tickets, undertakes to eliminate the justified and determined by the Buyer defects (packaging, etc.). The transfer and acceptance of Gift Certificates and / or Tickets, based on the results of the elimination of deficiencies, is carried out in accordance with the general procedure specified in clauses 5.1 - clause 5.3 of the Agreement.

5.5. In case of non-acceptance of Gift Certificates and / or Tickets (non-signing of a copy of the Seller’s trade document) and failure to notify the Seller of shortcomings that preclude acceptance of Certificates within the period specified in clause 5.3 of the Agreement, Gift Certificates and / or Tickets are accepted in the proper quantity and in the proper denomination The Buyer, in connection with which the Buyer acknowledges the ownership and completeness of the data specified in the commodity documents, the ownership of the fulfillment of the Seller's obligations under the Agreement.

5.6. In case of unreasonable non-acceptance by the Buyer of gift certificates and / or Tickets, the Seller has the right to unilaterally draw up an Act of non-acceptance of Gift certificates and / or Tickets (hereinafter referred to as the "Act of non-acceptance"). The act of non-acceptance is drawn up by the Seller's employees in the amount of at least 2 (two) people and solely upon fixing the fact of non-acceptance of Gift Certificates and / or Tickets. The act of non-acceptance must contain:

- date, place and time of drawing up the Act of non-acceptance;

- last name, first name, patronymic, positions of the persons who drew up the Act of non-acceptance;

- information about the number of not accepted Gift Certificates and / or Tickets;

- information about the Buyer who did not accept Gift Certificates and / or Tickets;

- other necessary data as determined by the Seller.

5.7. The transfer of Gift Certificates made in the form of a plastic card and / or Tickets in the form of printed products to the Buyer in parts (in particular, in an amount less than indicated in the Offer paid by the Buyer for the purchase of a batch of Gift Certificates) is not allowed.

5.8. The transfer of Gift Certificates and / or Tickets is carried out after the Buyer counts the number of Gift Certificates and / or Tickets.

5.9. Invoices, receipts, reconciliation acts and other documents can be drawn up and sent by the Seller and the Buyer in electronic form using electronic document management services.

 

6. PROCEDURE FOR PURCHASING GIFT CERTIFICATES AND/OR TICKETS AT POINTS OF SALE WITHOUT USE OF REMOTE COMMUNICATIONS

6.1. The Buyer has the right to order, pay for and receive Gift Certificates and / or Tickets at the point of sale, by directly contacting the Seller, including the Franchisee, during the opening hours of the relevant point of sale.

6.2. Transfer-acceptance of Gift certificates and / or Tickets at the point of sale is carried out in accordance with section 5 of the Agreement.

 

7. PRICE OF GIFT CERTIFICATES AND/OR TICKETS

7.1. The price of the Gift Certificates and/or Tickets is determined by the face value of the Gift Certificates and/or Tickets. The price is formed based on the cost of the right to claim. Payment of the price of Gift Certificates and / or Tickets is a payment for the acquisition of the right to claim, and is not a deposit.

7.2. The package of the Certificate is not included in the price of the gift certificate, as well as printed Tickets. Their cost is paid by the Buyer separately when choosing this option.

 

8. PAYMENT PROCEDURE

8.1. On account of the transfer of a batch of Gift Certificates and / or Tickets, unless otherwise expressly agreed with the Seller, the Buyer pays in favor of the Seller, including the Franchisee, the funds for each unit of the Gift Certificate and / or Ticket in the following order:

8.1.1. Payment for the cost of a batch of Gift Certificates and / or Tickets (each unit of Gift Certificates and / or Tickets included in the batch) in the amount of 100% of the total price of Gift Certificates and / or Tickets is carried out by transferring non-cash funds to the Seller's account, including franchisees, or

8.1.2. by cash settlement with the Seller (Franchisee).

8.2. Settlements are made in the national currency of Georgia - lari at the details of the Seller or Franchisee, which are specified on the website or at points of sale.

8.3. Acceptable forms of payment for Gift Certificates and/or Tickets are specified on the website.

 

9. PROCEDURE FOR ACTIVATION AND TERMS OF USE OF A GIFT CERTIFICATE AND/OR TICKET

PROCEDURE FOR ACTIVATION OF A GIFT CERTIFICATE: (For Activation the Holder must be registered on the website - register)

9.1. The Holder, during the validity period of the Certificate, undertakes to contact the Seller directly after registering on the yolo.ge website with a notification of the selected 1 (one) impression, the cost of the right to claim for which does not exceed the face value of the Gift Certificate, for which the Holder intends to activate the Certificate - through the use of the function Activations on the company's website.

In such a message, the Holder, in addition to the name of the selected impression, also notes:

- individual serial number of the gift certificate;

- own surname, name, patronymic;

- own telephone number of a cellular means of communication;

- Desired period of receiving the impression.

The message is provided to the Seller by phone numbers and / or by e-mail, which are posted on the website, and / or through the software of the site. Such a message can be made daily during the period from 10:00 to 19:00, if made later, it is considered by the company's administrators on the next business day.

9.2. The Seller, within a reasonable time, from the date of receipt of the Message specified in clause 9.1 of the Agreement, agrees (books) with the Provider the time and place of consumption of the service chosen by the Holder, and sends an SMS activation message of the Gift Certificate to the cellular mobile phone specified by the Holder.

9.2.1. Services that may depend on the time of year, weather conditions and other objective factors affecting the possibility and / or quality of their provision, are agreed (booked) on a favorable day. In the event of a change in weather conditions and other objective factors affecting the possibility and / or quality of the provision of services on the agreed (booked) day, another next favorable day for the provision of services is determined.

9.3. To receive the service, the Holder is obliged to provide the Provider with unique code in a Gift Certificate, made in the form of a plastic card, or a printout of a gift certificate issued in electronic form and arrive on time at the place of receiving the impression, which is agreed by the Provider.

9.4. The Holder has the right to change the selected impression (service) before the Gift Certificate activation stage, but not more than 1 (one) time, having previously informed the Seller about such a change. In such a message, the Holder, in addition to the name of the selected impression, also notes:

- individual serial number of the gift certificate;

- own surname, name, patronymic;

- own telephone number of a cellular means of communication;

- Desired period of receiving the impression.

The message is provided to the Seller by phone numbers and / or by e-mail, which are posted on the website, and / or through the software of the site. Such a message can be made daily during the period from 10:00 to 19:00, if made later, it is considered by the company's administrators on the next business day.

9.2. The Seller, within a reasonable time, from the date of receipt of the Message specified in clause 9.1 of the Agreement, agrees (books) with the Provider the time and place of consumption of the service chosen by the Holder, and sends an SMS activation message of the Gift Certificate to the cellular mobile phone specified by the Holder.

9.2.1. Services that may depend on the time of year, weather conditions and other objective factors affecting the possibility and / or quality of their provision, are agreed (booked) on a favorable day. In the event of a change in weather conditions and other objective factors affecting the possibility and / or quality of the provision of services on the agreed (booked) day, another next favorable day for the provision of services is determined.

9.3. To receive the service, the Holder is obliged to provide the Provider with a Gift Certificate with a unique code, made in the form of a plastic card, or a printout of a gift certificate issued in electronic form and arrive on time at the place of receiving the impression, which is agreed by the Provider.

9.4. The Holder has the right to change the selected impression (service) before the Gift Certificate activation stage, but not more than 1 (one) time, having previously informed the Seller about such a change.

GIFT CERTIFICATE TERMS AND CONDITIONS:

9.5. The Seller is not responsible for the quality of services (impressions) provided by the Provider using the Gift Certificate. Acceptance, consideration and / or satisfaction of complaints, claims, requirements for services (impressions) consumed using the Gift Certificate is carried out by the Provider in the general manner provided for by the current legislation of Georgia, at the request of the Buyer and / or the Holder. The Seller provides information about the details of the Provider that provided the service (impression).

9.6. The Holder cannot activate the Gift Certificate for more than 1 (one) type of impressions (services) within the value of the Certificate. The gift certificate cannot be partially used without the separation procedure provided for in this Agreement.

The gift certificate is not partially exchangeable for services (experiences or events) of the Provider.

The Gift Certificate cannot be used for other services (impressions), except for the corresponding type of impression (service), in respect of which the Gift Certificate is activated and / or carried out.

9.7. Providers independently determine the conditions for the provision of impressions (services) and are responsible to the Holders for the quality of the impressions (services) provided.

9.8. The Buyer has the right to transfer Gift Certificates to third parties without separate agreement of such transfer with the Seller. In the case of the transfer of Gift Certificates in favor of third parties, the Buyer is obliged to provide full information about the conditions for the use and activation of Gift Certificates, in accordance with the terms of this Agreement, and is solely responsible for their observance.

9.9. The gift certificate cannot be exchanged for cash. The gift certificate and funds paid to pay for its value are non-refundable, except in cases provided for by the current legislation of Georgia and the conditions specified on the website.

9.10. The Holder has the right to activate and use the corresponding Gift Certificate and use the impression (service) only once, exclusively with one Provider and exclusively for 1 (one) selected type of impression (service), for which such a Certificate was activated. In order to receive several impressions (services), including from different Providers, the Holder has the right to split the Gift Certificate belonging to him in the manner prescribed by this Agreement.

9.11. Gift Certificates are valid for the duration of the Gift Certificates, within 6 months from the date of purchase of the Certificate. The last day of validity of the respective Gift Certificate is the date indicated in the email sent to the Buyer after the purchase of the Gift Certificate. After the expiration of the Gift Certificate, the Gift Certificate loses its validity, and its Holder loses the right to activate the Certificate and acquire the right to claim. The nominal value of the Gift Certificate to its Holder and / or the Buyer is not refunded (non-refundable), except as provided by the current legislation of Georgia and the conditions specified on the site.

9.12. The Buyer or the Holder undertakes to activate (use) the Gift Certificate during the validity period of the Certificate - 6 months from the date of purchase.

SPLITTING, ASSOCIATED, REDISTRIBUTION OF GIFT CERTIFICATES AND INCREASING THEIR VALUE

9.13. The Holder has the right to split the Gift Certificate belonging to him, combine several Gift Certificates belonging to him or redistribute them, as well as increase the Nominal value of the Gift Certificate belonging to him.

9.14. To receive the services specified in clause 9.13 of the Agreement, the Holder contacts the Seller by phone and / or by sending an e-mail to the Seller or by filling out a special form on the website in the Activation section.

9.15. The Holder is obliged to inform the Seller of the Denomination, Validity Period, individual serial number and/or barcode of the Gift Certificate(s) and information on which types of services specified in clause 9.13 of the Agreement, the Holder wishes to receive and in what form. In particular, when dividing the Gift Certificates, the Holder must inform which part of which Denomination he wants to divide the denomination of the Gift Certificate, if such a division is possible, based on the Denomination of the Gift Certificate. When combining - which Gift Certificates and what Denomination the Holder wants to combine. When redistributing - which Gift Certificates and what Value should be divided and combined in order to create new Gift Certificates as a result. When increasing the value of the Gift Certificate - by what amount the Holder wants to increase the value of the Gift Certificate.

9.16. The Seller, before providing the services specified in clause 9.13 of the Agreement, checks the information provided by the Holder in accordance with clause 9.15 of the Agreement, and the validity of the Gift Certificates specified in the Holder's application, finds out the possibility of satisfying his requirements and, if necessary, contacts the Holder to verify and clarify the information provided information.

9.17. The provision of services provided for in clause 9.13 of the Agreement is carried out after checking the validity of the presented Gift Certificate, its Validity Period and Denomination, as well as information about the absence of its activation.

9.18. If, based on the results of clarifying the information provided by the Holder in accordance with clause 9.1 of the Agreement and checking the Gift Certificate presented by him, the Seller concludes that it is possible to provide the services provided for in clause 9.13 of the Agreement and ordered by the Holder, he provides such services as follows:

- when sectioning the Gift Certificates, sends to the Holder to the means of communication indicated by him (e-mail, instant messenger, mobile communication, etc.) messages with information about the individual serial numbers of parts of the Gift Certificates, access codes to them and their Denominations;

- when merging Gift Certificates, sends to the Holder to the means of communication indicated by him (e-mail, messenger, mobile communication, etc.) messages with information about the individual serial number of the combined Gift Certificate, access code to it and its Denomination;

- when redistributing Gift Certificates, sends the Holder to the means of communication indicated by him (e-mail, instant messenger, mobile communication, etc.) messages with information about the individual serial numbers of new Gift Certificates resulting from the redistribution, access codes to them and their Denominations;

- when increasing the Nominal value of the Gift Certificates, it issues an invoice or a link to the Holder for making an additional payment for increasing the Nominal value (equal to the difference between the Nominal value of the Gift Certificate that the Holder wishes to receive and the Nominal value of the Gift Certificate that the Holder already has), accepts the appropriate additional payment and informs the Holder on the indicated by him means of communication (e-mail, instant messenger, mobile communications, etc.) to increase the Value of his Gift Certificate.

9.19. The implementation of the division, consolidation, redistribution of Gift Certificates is the basis for the cancellation by the Seller of Gift Certificates that have been divided and / or combined. Such vouchers may no longer be used by Holders who are entitled to use only portions of a split Gift Voucher or a combined claim on combined Gift Vouchers or new Gift Vouchers.

9.20. The gift certificate cannot be used on other terms than those specified in the Agreement.

9.21. The fact of activation of the Gift Certificate and / or its use by the Holder is a sufficient and proper confirmation that the Certificate Holder is familiar with the terms of activation and use of the Gift Certificate, the terms of the Agreement, fully and unconditionally agrees with them.

9.22. The Seller accepts and considers complaints, demands, claims regarding non-fulfillment and / or improper fulfillment by the Seller of obligations under the Agreement by phone numbers and / or e-mail posted on the site, as well as directly to the address of the outlets that are specified on the website.

9.23. An individual consumer, as a Buyer, has the right to terminate the Agreement by notifying the Seller about it within fourteen days from the date of conclusion of the Agreement, or from the moment of the first receipt of the Certificates, if a longer period is not determined by the Seller on the website. The refund of the funds paid under this clause of the Agreement is carried out at the address of the outlets specified on the site.

9.23.1. To return the funds paid, the Buyer (an authorized person) is required to present a passport and / or other identity document, her authority.

9.23.2. The buyer is not entitled to demand the paid funds back if the service has already been provided.

9.23.3. The seller returns the funds minus the service and transaction fees of the company.

9.24. The Seller guarantees that the Provider will provide the experience for the duration of the Gift Certificate.

TICKET USE PROCEDURE:

9.24. To consume the service (attend the Event), the Holder is obliged to provide the Provider with a Ticket made in the form of a printed product, or a printout of the Ticket issued in electronic form and arrive on time at the venue of the Event, which is indicated on the website.

9.24.1. The Seller is not responsible for the quality of services (impressions) provided (which are provided) by the Provider using the Ticket. Acceptance, consideration and/or satisfaction of complaints, claims, requirements for services (Events) consumed with the use of the Ticket is carried out by the Provider in accordance with the general procedure provided for by the current legislation of Georgia. At the request of the Buyer and / or the Holder. The Seller provides information about the details of the Provider that provided the service (Event).

9.24.2. The ticket cannot be partially used.

9.24.3. The ticket cannot be exchanged for cash. The ticket and funds paid to pay for its cost are non-refundable, except in cases provided for by the current legislation of Georgia and the conditions specified on the website.

9.24.4. The Ticket cannot be used for other services (experiences or Events) other than the respective Event for which the Ticket is purchased and/or completed.

9.24.5. Providers independently determine the conditions for visiting the Event (services) and are responsible to the Holders for the quality of the Events (services) provided.

9.24.6. The Buyer has the right to transfer the Ticket to third parties without separate agreement of such transfer with the Seller. In case of transfer of the Ticket in favor of third parties, the Buyer is obliged to provide full information about the conditions for attending the Event, in accordance with the terms of this Agreement, and is independently responsible for their observance.

9.24.7. The ticket cannot be used on other terms than those specified in the Agreement.

 

10. RESPONSIBILITIES OF THE PARTIES

10.1. The Seller is an intermediary company between the Buyer and the Provider, respectively, the Seller is not responsible for cancellation, rescheduling, change (of place, time, program, etc.). The Seller is obliged to help the Buyer to contact the Providers and resolve various issues.

10.2. In case of groundless and unreasonable termination by the Seller of obligations under the Agreement (termination of the Agreement), the Seller is obliged to compensate the Buyer for the cost of the Certificate and / or Ticket, within 10 (ten) banking days from the date of the Buyer's request with a reasoned statement about such violation of the Agreement. Compensation for the value of the Gift Certificate, which is stipulated by this clause of the Agreement, is carried out at the address of the outlets or in a non-cash form by returning funds to the account from which the purchase was made.

10.2.1. To compensate for the cost of the Gift Certificate and / or Ticket in accordance with clause 10.2 of the Agreement, the Buyer (an authorized person) is obliged to present a passport and / or other identification document, its authority.

10.2.2. Reimbursement is only possible minus service and transaction fees.

10.3. In case of cancellation or transfer of the service by the Provider, the Buyer has the right to request a refund from the Seller for the Gift Certificate or Ticket.

10.3.1. To compensate for the cost of the Gift Certificate and / or Ticket in accordance with clause 10.3 of the Agreement, the Buyer (an authorized person) is obliged to present a passport and / or other identification document, her authority.

10.3.2. Compensation is possible only minus service and transaction fees and is carried out to the balance of the registered Buyer on the yolo.ge website. The Buyer is entitled to use this money for future purchases of Gift Certificates and/or Tickets.

10.3.3. In exceptional cases, the Seller reserves the right to credit the money to the Buyer's account.

10.4. The Seller does not compensate the cost of the Gift Certificate and / or Ticket if the Buyer did not appear at the agreed place and time for the provision of the service.

10.5. The Provider has the right not to provide the service to the Buyer who has a Gift Certificate or Ticket, if he does not comply with the rules established by the Provider, which are specified in the description of the service.

10.6. Any information, text, photos and graphics posted on the yolo.ge website are the property of the company and their use or reproduction without written permission is prohibited. This action entails liability in accordance with the current legislation of Georgia.

 

11. FORCE MAJEURE

11.1. The Seller shall be released from liability determined by the current legislation of Georgia for a complete or partial violation of the Agreement, if he proves that such a violation occurred as a result of force majeure circumstances defined in this Agreement. A document issued by the Georgian Chamber of Commerce and Industry or an authorized government body of Georgia shall be sufficient proof of the existence of such circumstances and their duration.

11.2. Force majeure in this Agreement means force majeure.

11.2.1. Force majeure in this Agreement means any extraordinary events external to the Seller in nature that occur without the fault of the Seller, in addition to his will or against the will or desire of the Seller, and which cannot be foreseen under the condition of using the usual measures for this and cannot be with all care and prudence to distract (avoid), including (but not limited to) natural disasters (earthquakes, floods, hurricanes, damage caused by lightning, etc.), disasters of biological, man-made and man-made origin (explosions, fires, failure of machines and equipment, mass epidemics, epizootics, epiphytoties, etc.), circumstances of public life (war, martial law, hostilities, blockades, public unrest, manifestations of terrorism, mass strikes and lockouts, boycotts, etc.), as well as the issuance of prohibitive or limiting regulatory acts of state authorities or local governments, other legal or illegal prohibitive or restrictive measures of these authorities that make it impossible for the Seller to fulfill this Agreement or temporarily prevent such fulfillment.

11.3. If force majeure circumstances and (or) their consequences temporarily prevent the execution of this Agreement, then the execution of this Agreement is suspended for a period during which it is impossible. 11.1. The Seller shall be released from liability determined by the current legislation of Georgia for a complete or partial violation of the Agreement, if he proves that such a violation occurred as a result of force majeure circumstances defined in this Agreement. A document issued by the Georgian Chamber of Commerce and Industry or an authorized government body of Georgia shall be sufficient proof of the existence of such circumstances and their duration.

11.2. Force majeure in this Agreement means force majeure.

11.2.1. Force majeure in this Agreement means any extraordinary events external to the Seller in nature that occur without the fault of the Seller, in addition to his will or against the will or desire of the Seller, and which cannot be foreseen under the condition of using the usual measures for this and cannot be with all care and prudence to distract (avoid), including (but not limited to) natural disasters (earthquakes, floods, hurricanes, damage caused by lightning, etc.), disasters of biological, man-made and man-made origin (explosions, fires, failure of machines and equipment, mass epidemics, epizootics, epiphytoties, etc.), circumstances of public life (war, martial law, hostilities, blockades, public unrest, manifestations of terrorism, mass strikes and lockouts, boycotts, etc.), as well as the issuance of prohibitive or limiting regulatory acts of state authorities or local governments, other legal or illegal prohibitive or restrictive measures of these authorities that make it impossible for the Seller to fulfill this Agreement or temporarily prevent such fulfillment.

11.3. If force majeure circumstances and (or) their consequences temporarily prevent the execution of this Agreement, then the execution of this Agreement is suspended for a period during which it is impossible.

 

12. DISPUTES RESOLUTION

12.1. All disputes arising from this Agreement or related to it shall be resolved through negotiations.

12.2. If the relevant dispute cannot be resolved through negotiations, it shall be resolved in court according to the established jurisdiction and cognizance of such a dispute, in accordance with the norms of the substantive law of Georgia.

 

13. ENFORCEMENT OF THE AGREEMENT

13.1 This Agreement is valid from the moment of its publication on the website and is indefinite, but "YOLO"LLC has the right to terminate the Agreement after 6 (six) calendar months from the date of publication of the Agreement on the website, while remaining responsible for the Gift Certificates and / or Tickets, the validity of which has not expired by the time of termination of the Agreement. Responsibility is provided for in this paragraph for Gift Certificates and / or Tickets, the validity of which has not expired by the time of termination of this Agreement, including business entities that carry out activities stipulated by the terms of this Agreement on the basis of a commercial concession (franchising) agreement concluded with "YOLO" LLC.

13.1.1. Obligations under the Agreement do not terminate and cannot be terminated in relation to Gift Certificates and / or Tickets, the validity of which has not expired.

13.2. Termination of the Agreement and notification of the termination of the Agreement is carried out by publishing such data on the website by the Seller, not earlier than 3 (three) calendar days before the termination of the Agreement. The Agreement is terminated from the date specified in the notice of termination of the Agreement.

13.3. Changes to this Agreement, as well as changes to the types, volume and cost of impressions (services), may be made by "YOLO" LLC, including in the following cases:

- changes for the Seller of the cost of the Providers' services and / or other terms of the contract with the Providers;

- changes in the volume of services provided by Providers;

- changes in the number of Providers in which the Seller acquires the right to claim;

- adoption by the Seller of a decision to improve the terms of the Agreement.

Changes and notifications of Buyers and / or Holders about such changes are carried out by publishing them on the website, by making changes to the data on impressions (services) on the website, and / or by making changes to the content of the Agreement, and / or by setting out the Agreement in the new edition.

In the event of changes in the cost of the right to claim, the Seller activates the Gift Certificate at new prices exclusively for the Certificates that were paid to the Seller after the day the new prices were introduced.

The cost of the right to claim under the Certificates that were paid to the Seller before the day the new prices were introduced is determined by the cost of the right to claim that was in effect at the time of actual payment of such Certificates to the Seller.

13.3.1. Changes, which are defined in clause 13.3 of the Agreement, come into effect 3 (three) calendar days from the moment they are published on the website, if a longer period for the changes to take effect is not directly specified when they are published. Changes to the Agreement are recognized and accepted by carrying out actions aimed at obtaining a Gift Certificate, using and / or activating a Gift Certificate.

13.4. The Buyer has the right to refuse the changes that are defined in clause 13.3 of the Agreement. If the Buyer does not accept changes in the terms of the Agreement for the types, volume and cost of impressions (services), the Buyer undertakes to send the Seller a notice of refusal to join the changes to the Agreement.

 

14. PERSONAL DATA

14.1. For the purposes of this Agreement, personal data means information or a set of information about an individual, including: first name, last name and patronymic, contact details (address, telephone, e-mail), date of birth, marital and property status, biographical data, education, profession and other personal data received by the Seller in connection with the implementation of this Agreement (or hereinafter referred to as "personal data").

14.2. The Seller undertakes to process (including use, store, systematize, accumulate, etc.) (hereinafter referred to as "processing") personal data solely for the purpose of fulfilling its obligations arising from this Agreement, in order to activate Gift Certificates and / or for the purpose of implementing any actions that are required in accordance with the Agreement and / or the requirements of the current legislation of Georgia.

14.3. The Seller undertakes to process personal data in accordance with the requirements for the processing of personal data established by the current legislation of Georgia.

14.4. The Buyer and / or the Holder authorizes the Seller to transfer personal data to the Provider and / or any third parties, if it is necessary for the Seller to fulfill its obligations under this Agreement, the consumption by the Holder of the service (impression), provided that this third party - the recipient undertakes to process personal data on the same terms as defined in this section and in accordance with the current legislation of Georgia.

 

15. FINAL PROVISIONS

15.1. The Seller bears full responsibility for the correctness of the details specified by him in this Agreement and undertakes to promptly inform about their change.

15.2. By joining this Agreement, including by performing actions indicating acceptance (acceptance) of this offer (in particular, in the case of the purchase and / or use of Gift Certificates), the person agrees to receive advertising messages, announcements and offers from the Seller in any way , including by sending them to an email address and a mobile phone, in particular in the form of SMS messages and messages in instant messengers and social networks.

15.3. Messages, according to which the Agreement expressly provides for the possibility of sending them by e-mail or software of the site, are valid and are taken into account if they are made as follows. Such messages do not require an electronic digital signature and are accepted as belonging.

15.4. The Seller has the right to demand from the Buyer and / or the Holder additional written evidence of the conclusion of this Agreement and the fulfillment of obligations under the Agreement. The Buyer undertakes to provide the document specified in this clause of the Agreement within 3 (three) working days from the date of the Seller's request.

 

16. FINAL PROVISIONS

16.1 The Organizer reserves the right to unilaterally make changes to this Agreement with their preliminary publication on the website.

16.2. This Agreement takes precedence over other documents published on the website.

16.3. If any term of this Agreement is invalid or unenforceable under applicable law, all other terms shall remain in effect and the invalid or unenforceable term shall be deemed superseded by the corresponding valid, enforceable term under applicable law that most closely matches the intent of the original term.

17. DETAILS OF THE SELLER:

LIMITED LIABILITY COMPANY "YOLO"

Legal address: 0171, Tbilisi, st. V. Dolidze, 27, apt. 3

Actual address: 0100, Tbilisi, st. G. Atoneli, d.29/1

Identification code: 405495735

+995 550 50 30 30

Director Biliy S.G.

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