Mindful Land

PUBLIC OFFER AGREEMENT

1. General

1.1. This document is a public offer in accordance with Articles 633, 641 and 642 of the Civil Code of Ukraine (hereinafter referred to as the "Offer") and contains all the essential terms and conditions of the agreement for the provision of psychological and supervisory services, as well as information and consulting services, consultations on commercial activities and management, and additional educational services for individuals and legal entities (hereinafter referred to as the "Client").

1.2. Public offer – an offer by the Contractor (posted on the Contractor's Website) addressed to an unlimited number of entities subject to disclosure of information to enter into this Agreement on the specified terms.

1.3. Acceptance is the full, unconditional, and unreserved acceptance by the Client of the terms of the Public Offer of this Agreement and the Rules for the provision of the relevant Services.

1.4. The service provider is Private Entrepreneur Chebotaieva Olena, registered in accordance with the legislation of Ukraine, identification code: 295406520, location: 13/15 Kopernika Street, apt. 27, 04116 Kyiv (hereinafter referred to as the "Contractor").

1.5. If you accept the terms of this Offer (pay for the services or book a consultation), you're considered to have entered into an agreement with the Contractor on the terms set out below.

1.6. The Client is a natural person who has reached the age of 18, has accepted all the terms and conditions of this Agreement and has entered into this Agreement with the Contractor on the terms of this offer.

1.7. Parties – the Client and the Contractor.

1.8. Rules for the provision of relevant Services - the terms and conditions for the provision of Services selected by the Client within the framework of this Agreement are an integral part thereof and are the sole source of regulation of all relations between the Client and the Contractor arising in the process of providing the Services. All advertising, presentation, and other materials created and existing for the purpose of the Contractor's development are for informational and reference purposes only and are not a source for regulating all terms and conditions of the Services.

1.9. Application - the Client's intention to use the Contractor's services, expressed in the form of an electronic request in the established form on the Contractor's Website (mindful.land).

1.9. Acceptance - full and unconditional acceptance of all terms and conditions of this Offer by the Client.

1.10. Technologies for the remote provision of information services - the provision of information services remotely using the Internet (in whole or in part).

1.11. Contractor's Website - a web page on the Internet, located at mindful.land, which is the official source of information for the Client about the Contractor and the services it provides.

1.12 Services - services of a psychologist, supervisor, information and consulting, additional educational services, as well as consulting services on commercial activities and management provided by the Contractor to the Client in accordance with their qualifications and in compliance with the current legislation of Ukraine. Within the meaning of this Agreement, the term "Services" also includes digital products (video and/or audio recordings) that the Contractor makes available for purchase by the Client through the mindful.land website.

2. Subject matter of the Agreement

2.1. The Contractor undertakes to provide the Client with the services from the list below, at the Client's choice and in accordance with the order placed by the Client on the mindful.land website:

  • individual and/or group psychological counseling;
  • supervision sessions for psychologists, psychotherapists, social workers;
  • consultations on organizational development, personnel management, emotional well-being of teams, leadership skills development, etc.;
  • additional training services in the form of seminars, practical classes, webinars, etc.;
  • printed materials, video and/or audio recordings that the Contractor offers to purchase to the Client by placing an order on the mindful.land website.

2.2. Services may be provided in person or online (via Zoom or other online platforms agreed upon by the parties), depending on the agreements between the parties.

2.3. In accordance with the terms of this Agreement, the Contractor undertakes to provide the Customer with the agreed Services. The Customer undertakes to accept the requested services and pay for them.

2.4. The cost and detailed description of the Services, as well as the Rules, are officially published on the mindful.land website and are attached to this Offer.

2.5. This Agreement, as well as all amendments and additions to this Agreement, are open documents and are published for general information on the Contractor's Website.

 

3. Acceptance of the offer

3.1. The conclusion of the contract for the provision of Services is carried out by Acceptance of the Offer on the terms set forth therein during the term of Acceptance.

3.2. Acceptance of the offer, i.e., unconditional acceptance by the Customer of the terms of this Agreement, shall be the payment for the Services and the written receipt by the Contractor of the relevant payment document from the Customer confirming the fact of payment.

3.3. Acceptance by the Customer shall be effected by transferring funds to the Contractor's current account.

3.4. By accepting this Agreement, the Customer guarantees that they have read, agree to, and fully and unconditionally accept all the terms and conditions of the Agreement and the Rules as set forth in the text of the Agreement and the Rules.

3.5. This Agreement does not require seals and/or signatures of the Parties, while remaining fully legally binding.

 

4. Terms and conditions of service provision

4.1. The Services specified in clause 2.1 of this Agreement shall be provided to the Client remotely or in person in accordance with the service selected by the Client by transferring information materials to the Client and conducting consultations in the manner and on the terms established by this Agreement, as well as via the Internet telecommunications network in accordance with the type of agreed Services.

4.2. If the Client intends to use the Contractor's services, they shall fill out and send an Application to the Contractor's Website, indicating their accurate personal data - the Client shall sign up for a consultation via the online form on the Contractor's website/page mindful.land. By filling out the Application, the Client confirms that they unconditionally and fully accept the terms of the Offer.

4.3. The Client begins to receive the Services provided by the Contractor after the Client has transferred the funds for payment of the Services to the Contractor's bank account within the time limits specified on the mindful.land website for a specific service (package of services) or as agreed by the parties.

4.4. After accepting this Offer, as well as paying for the Services, the Client further undertakes to unconditionally accept the Services of the Contractor, performing the tasks in the manner and within the time limits specified in this Agreement and the information on the mindful.land website, which is an appendix to this Agreement.

4.6. The Services shall be deemed to have been provided properly and in full by default, except as expressly provided in this Agreement.

4.7. Any materials received by the Client via email or published on the Website are intended for private, non-commercial use. The Client shall not copy, transfer, send by mail, and/or publish materials from the Website and information and/or analytical products without the written permission of the Contractor, and shall not use them for mass distribution. All materials provided by the Contractor to the Client are subject to intellectual property rights and are protected by the legal regime applicable to such objects.

4.8. The Parties acknowledge that documents sent by e-mail or other electronic means of communication have the same legal force as documents in the format of ordinary paper document flow.

4.9. Services shall be deemed to have been provided properly upon completion of the session, consultation, meeting in another format, or the last meeting if the Contractor's services include more than one meeting with the Client. If the Client orders Services in the form of video or audio recordings, the Services shall be deemed to have been provided upon receipt by the Client of the relevant file or group of files.

4.10. A scheduled individual session may be canceled or rescheduled at the Client's initiative no later than 48 hours before the start. Otherwise, the service shall be deemed provided and payable in full. An exception shall be made in the event of documented circumstances of force majeure on the part of the Client, which the Client shall notify the Contractor of immediately after such circumstances arise. If the session is canceled at the Client's request less than 48 hours before the start of the scheduled session, the Client is entitled to a refund of the amount actually paid for the canceled consultation, minus 10 percent of the specified amount. In the event of force majeure circumstances within a period of less than 48 hours before the start of the scheduled session, and in the absence of the Client's desire to receive the services of from the Contractor in the future, the Client shall be entitled to a refund of the amount actually paid for the canceled consultation, minus 10 (ten) percent of the amount actually received by the Contractor.

4.11. In the case of services provided in a group format, the Client has the right to refuse to receive services within the first week from the start of the relevant group. In this case, the Contractor shall refund the Client in the amount determined by the formula: the amount actually paid by the Client minus the cost of the services actually received by the Client in proportion to their total volume, based on the total number of sessions in the relevant group program, minus 10 (ten) percent of the amount actually received by the Contractor.

4.12. In the event of the provision of additional educational services (webinars, seminars, practical classes, lectures, etc.), the Client has the right to refuse to receive services within the first week from the start of the relevant series of modules for the provision of additional educational services. In this case, the Contractor shall refund the Client in the amount determined by the formula: the amount actually paid by the Client minus the cost of the services actually received by the Client in proportion to their total volume, based on the total number of sessions in the relevant group program, minus 10 (ten) percent of the amount received by the Contractor.

4.13. The provision of services by the Contractor to legal entities is governed by separate agreements concluded between the Contractor and the specified legal entities. Such agreements specify in detail the rights and obligations of the parties, the terms and amount of payment, and other essential terms of cooperation. A representative of a potential Client who is a legal entity may book an initial online meeting with the Contractor via the mindful.land website. Such a meeting is free of charge.

4.14. In the case of individual consultations, supervision, and group programs, during the first consultation, the Client will be asked to sign an informed consent form, concluded in accordance with the requirements of the Law of Ukraine "On the Mental Health Care System." This informed consent form sets out in detail the rules and conditions of the counseling, supervision, or group process, taking into account the nature of the services provided. If the Client refuses to sign the informed consent, the process of providing services by the Contractor shall be terminated, and the amount actually paid by the Client for the specified consultation shall be refunded, minus 10 (ten) percent of the amount actually received by the Contractor.

4.15. If the Contractor is unable to provide the agreed services to the Client within the specified time frame, the amount actually received by the Contractor may be either refunded to the Client or used to pay for future services provided by the Contractor, as agreed by the parties.

4.16. If, after commencing the provision of services to the Client, the Contractor reasonably believes that their further provision may violate ethical principles, cause harm to the life and health of the Client, or that the Contractor's services will not be useful to the Client (based on their existing knowledge and professional skills), the Contractor shall have the right to refuse to continue providing services to the Client. In such a case, the services actually provided to the Client shall be paid in full, and no further payments shall be made by the Client.

4.17. In cases other than those specified above, refunds for Services are permitted in the following cases:

3.17.1. If, within one calendar day from the moment of payment for the Services by the Client, the Client sends the Contractor a statement to the official address requesting a refund of the amount paid as paid in error, without the intention of receiving the Services. An exception to this condition is the provision of Services in the form of printed materials, audio and/or video recordings.

4.17.2. If, within 14 calendar days after receipt of payment by the Contractor, the Client has not received feedback from the Contractor regarding the agreement on the terms of provision of the ordered Service and/or access to the paid Service.

4.17.3. If the Client orders Services in the form of printed materials, audio and/or video recordings, the refund to the Client shall be considered provided in full from the moment the Client receives the ordered materials.

4.18. In case of refusal of the Services, in accordance with clause 4.17 of this Offer, the Client shall send a statement to the Contractor's email address: mymindful.land@gmail.com, with a request to refund the amount paid by the Client. In order to receive a refund, the Client must keep the letters sent by the Contractor, bank, or payment agent by email confirming the fact of payment.

4.19. The refund shall be made no later than 10 (ten) business days from the date of the Client's request for a refund.

4.20. The refund shall be made by the Contractor to the Client's bank card from which the payment for the Services was made.

5. Rights and obligations of the Parties

5.1. The Client shall have the right to:

5.1.1. Receive information from the Contractor regarding the organization and provision of services.

5.1.2. Demand proper and timely provision of Services by the Contractor.

5.1.3. Contact the Contractor in writing on all matters related to the provision of Services, as well as ask questions related to the provision of Services.

5.2. The Client undertakes:

5.2.1. By agreeing to the terms and conditions and accepting the terms of this Offer by Accepting the Offer, the Client represents and warrants to the Contractor that:

• The Client has provided accurate personal data;

• The Client enters into the Offer Agreement voluntarily, having fully familiarized themselves with the terms of the Offer, fully understanding the subject matter of the Offer and the nature of the Services provided.

5.2.2. The Client undertakes not to use the information received from the Contractor in any way that could harm the Contractor's interests.

5.2.3. Not to allow third parties to use the Services, unless otherwise expressly provided by the provisions of this Agreement and the Rules for the provision of the relevant Services.

5.3. The Contractor shall have the right to:

5.3.1. The Contractor has the right to include the Client in a mailing list for further distribution of materials on the selected service or for sending other informational materials.

5.3.2. The Contractor has the right to terminate the provision of services to the Client and terminate this Agreement unilaterally in case of violation by the Client of its obligations under this Agreement. The Contractor also has the right to unilaterally refuse to provide services under the Agreement by notifying the Client in writing in the cases and under the conditions specified in this Agreement.

5.3.3. The Contractor has the right to change the cost of the Services and other terms of this public Offer without prior agreement with the Client, while ensuring the publication of the changed terms on Internet resources at least 1 day before their entry into force.

5.3.4. The Contractor shall have the right to independently determine the forms and methods of providing the Services, based on the requirements of the law, as well as the specific terms of the Agreement.

5.4. The Contractor undertakes:

5.4.1. The Contractor undertakes to provide the Services under this Agreement in full and on time.

5.4.2. The Contractor undertakes to inform the Client of any changes in the terms of provision of the Services and of any additions within the time period specified in this Agreement.

5.4.3. The Contractor undertakes to provide access to information about the provision of Services at the Client's request.

5.4.4. The Contractor undertakes to use all personal data and other confidential information about the Client only for the provision of the Services, not to transfer or disclose to third parties any documentation and information about the Client, except as expressly provided by the current legislation of Ukraine and this Agreement.

5.5. The Contractor guarantees:

5.5.1. the provision of information services and the fulfillment of its obligations under this Agreement in full.

5.5.2 When paying for an order by bank card, the payment is processed (including the entry of the card number) on a secure page of the processing system, which has passed international certification. This means that your confidential data (card details, registration data, etc.) are not sent to the online store, their processing is completely secure, and no one, including our website, can obtain the customer's personal and banking data. When working with card data, we apply the information security standard developed by the international payment systems Visa and MasterCard - Payment Card Industry Data Security Standard (PCI DSS), which ensures the secure processing of the cardholder's bank card details. The data transfer technology used guarantees the security of bank card transactions through the use of Secure Sockets Layer (SSL), Verified by Visa, Secure Code, and closed banking networks with a high level of protection. When paying for an order by bank card, the refund is made to the card from which the payment was made.

5.6. Each Party to this Agreement declares and guarantees that it has all the rights and powers necessary to enter into this Agreement and to fully perform its obligations hereunder, and that the conclusion and/or performance of obligations under the Agreement will not violate the terms of any other obligations of this Party to third parties.

 

6. Cost and payment procedure

6.1. The cost of the Services shall be determined in accordance with the Contractor's current price list, which is available on the mindful.land website.

6.2. Payment shall be made:

  • by bank transfer to the Contractor's account/card;
  • via an online payment system;
  • by other agreed means.

6.3. The Client shall make a 100% prepayment prior to the commencement of the service, unless otherwise agreed additionally.

 

7. Confidentiality and ethical obligations

7.1. All information provided by the Client during the cooperation is confidential and shall not be disclosed without the Client's written consent, except as provided by the current legislation of Ukraine.

7.2. The Contractor adheres to professional and ethical standards in accordance with the Code of Ethics for Psychologists/Supervisors/Consultants.

7.3. The confidentiality of information received by the Contractor in the course of interaction with the Client is ensured in accordance with the Privacy Policy, which is Appendix 1 to this Agreement.

8. Responsibility of the Parties

8.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the Agreement and the legislation of Ukraine.

8.2. The Contractor undertakes to act in good faith, in accordance with professional standards and the ethical principle of "do no harm" in the course of providing the Services. At the same time, by accepting the terms of this Agreement, the Client understands that achieving the desired effect from the interaction with the Contractor depends not only on the professional competence and training of the Contractor, but also on the efforts of the Client itself, aimed at achieving the desired result, and a number of internal and external factors related to the Client's personal process and/or the situation that has arisen at the time of cooperation between the parties.

8.3. The Contractor shall not be liable for any decisions made by the Client or their consequences in their personal or professional life.

8.4. The Client is responsible for the accuracy of the information provided and their own actions during and after the provision of the Services.

8.5. The Contractor has the right to refuse to provide services if it considers that the Client's request is beyond its competence or poses a potential risk to the Client's health/life.

8.6. The Contractor shall be released from liability for non-performance or improper performance of this Agreement in the event of any malfunction of equipment, software, and communication channels outside the resources of the mindful.land website caused by technological reasons or actions/inaction of third parties.

8.7. The total liability of the Contractor under the Offer Agreement, for any claim or complaint regarding the Offer Agreement or its performance, is limited to the amount paid to the Contractor by the Client under the Offer Agreement.

 

9. Force majeure

9.1. The Parties shall be released from liability for partial or complete failure to perform their obligations under this Agreement if such failure is the result of force majeure circumstances that arose after the conclusion of this Agreement due to extraordinary circumstances that the Parties could not have foreseen or prevented, namely: fire, natural disaster, war and military actions of all kinds, civil and national unrest, transport blockades, the adoption by authorities and government bodies of acts that prevent the fulfillment of the terms of this Agreement, and other circumstances beyond the reasonable control of the Parties, as well as failures in telecommunications and energy networks.

9.2. The Party affected by force majeure shall immediately, within 3 (three) business days, notify the other Party in writing of the occurrence of such circumstances, providing a document from the authorized state authority on the expected duration and termination of such circumstances.

9.3. In the event of force majeure, the term for the performance of obligations under this Agreement shall be postponed in accordance with the duration of such circumstances and their consequences. If the force majeure circumstances persist for more than 3 (three) consecutive months, either Party shall have the right to terminate the Agreement unilaterally.

 

10. Other terms

10.1. Neither Party may assign its rights and obligations under the Agreement to third parties.

10.2. The Contractor reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. If the Contractor makes changes to the Offer, such changes shall take effect from the moment the relevant notice is posted on the website.

10.3. The Client agrees and acknowledges that any changes to the Offer shall entail the incorporation of such changes into the Agreement concluded and in force between the Client and the Contractor, and such changes to the Agreement shall come into force simultaneously with such changes to the Offer.

10.4. In case of withdrawal of the Offer by the Contractor during the term of the Agreement, the Agreement shall be deemed terminated from the moment of withdrawal, unless otherwise specified by the Contractor when withdrawing the Offer.

10.5. The Agreement may be terminated by mutual consent of the Parties at any time or on other grounds provided for in this Offer and/or the current legislation of Ukraine.

10.5. The claims procedure for dispute resolution is mandatory. The deadline for responding to a claim is 30 calendar days from the date of receipt.

10.6. If disputes and disagreements cannot be resolved through negotiations, they shall be settled and considered in court at the location of the Contractor in accordance with the applicable legislation of Ukraine.

10.7. This Agreement shall terminate upon full performance by the Parties of their obligations under the public tender, in accordance with the Rules.

 

11. Term of the agreement and other conditions

8.1. This Agreement shall enter into force upon acceptance by the Client of the terms of the Offer (registration for a consultation and/or payment) and shall remain in force until the Parties have fulfilled their obligations in full.

 

12. Details of the Contractor

Private Entrepreneur Olena Chebotaieva
ITN: 2954706520
Bank details: JSC CB "PRIVATBANK" (ITN of the bank 14360570, bank code 305299), account:

№ UA443052990000026005036230488

E-mail: mymindful.land@gmail.com
Website: mindful.land

 

APPENDIX№  1 to the PUBLIC OFFER AGREEMENT

Privacy

The privacy of our website visitors is our priority and a very important component. We strive to ensure that when you work with our website, you receive only positive emotions and maximum useful information, using the capabilities of the Internet.

Confidential user information provided when registering (and in other cases) is usually used to select Products or Services according to your needs. No personal information may be transferred in any way to third parties, except in the cases and to the extent specified in the "Consent to Mailing."

The following information may be requested on this website:

Username and email address; with your consent to receive newsletters, this information may be used to send materials and information requested by you to the email address provided. The above data may be transferred to third parties only in cases provided for by applicable law.

Cookies and visitor information are used to collect data about the actions of visitors to mindful.land and its subdomains in order to optimize its performance, expand its functionality, and create more meaningful content and services for visitors and users of the website.

If you do not want to transfer cookies to a third-party server, simply go to your browser settings and block these files by checking the appropriate box. You can also set the parameters in the settings so that the system notifies you each time they are sent. However, in this case, some features of the website may become unavailable or may not work properly.

To ensure the privacy of personal information, we use and constantly update various programs for the reliable protection of requested information. Our Internet resource constantly monitors the development of international requirements for the control of confidential data obtained on the Internet. We strictly adhere to all international standards for information security, continuously train our employees, and strictly monitor compliance with all instructions and regulations, as well as ensure that they are informed of the Privacy Policy.

However, for even greater information security, you yourself, in addition to the measures we take to ensure it, must take an active part in its preservation. The services and websites we provide are already protected against information leakage, illegal use, or any changes to it without your consent. However, despite all these measures, our website cannot guarantee 100% protection of your data from hacking or malicious software.

Any changes or additions to the privacy policy will be published on this page, where you can review them. In some exceptional cases, these changes will be sent to you by email to the address you provided during registration.

 

Consent to mailing

By filling out the form on our website, you confirm your agreement with our Company's privacy policy. In addition, you confirm your consent to us obtaining the right to process your personal data in the following circumstances:

- For companies working on behalf of the Contractor: We may cooperate with third-party companies that can perform all business support functions on our behalf, in connection with which your personal information may be partially disclosed. We impose strict requirements on such companies, stating that they may only use your personal data for purposes limited to the provision of contractual services; they are prohibited from transferring this information unless the situation falls outside the contractual requirements, namely, it is not necessary to provide the agreed services. Business support functions may include: issuing winnings and bonus prizes, processing applications, fulfilling orders, managing information systems, and interviewing our contractors. We also disclose information (which is non-personal) when selecting suppliers.

- For subsidiaries and joint ventures: by such enterprises, we mean organizations in which the Contractor holds more than half of the shares. When transferring your data to partners in subsidiaries or joint ventures, we prohibit our partners from disclosing your personal data to any parties for marketing or advertising purposes, and we also prohibit the use of such data in any way that would contradict your decisions. If you have indicated that you do not wish to receive any advertising or marketing materials from us, the Contractor undertakes to keep your information confidential and not to transfer it to partners for further use for marketing purposes.

- For pages that are partner pages or jointly positioned: The Contractor has the right to transfer information to its partner companies that jointly with the Contractor are engaged in the implementation of special offers and events related to the promotion of a specific product or service on the pages of our resource, which we position jointly with these partners. If a page requests personal information, you will receive a warning that the information may be transferred. In turn, our partners have the right to use any information you provide in accordance with their own privacy policy, which will be provided to you for further review when you provide your personal information.

- The rights to transfer your personal data in the event of a sale (partial or complete) or transfer of the Contractor's assets remain with the Contractor. During the process of transferring control over the company, you will receive a notification from the Contractor stating that you may refuse to transfer your personal information. In some cases, if you refuse to transfer your personal data, you will lose the opportunity to receive services or products that were previously provided to you by our company from the new organization.

- For law enforcement agencies: The Contractor has the right to disclose your personal data without your consent to a third party for the following purposes: to prevent a crime, in accordance with the requirements of a court order or regulatory act; to assist in government investigations; to strengthen or protect the Contractor's rights in cases established by applicable law; and to assist in the prevention of fraud.

You may at any time refuse to receive our letters, which are distributed through our regular mailing list. A special link at the end of each of our letters will help you to do this.