Service Agreement

1.1. In this Public Offer Agreement, unless its text directly implies otherwise, the words and expressions below shall have the meanings set out hereafter:

1.1.2. Offer (hereinafter — the Agreement / Offer) — this document, between the Provider and the Customer, governing the supply of Services and/or the purchase of Goods, concluded by way of Acceptance of the Offer. The Offer Agreement is the foundational document of the relationship between the two parties and is not subject to negotiation.

1.1.3. Acceptance of the Offer / Acceptance — the full and unconditional acceptance of the Offer by performing the actions specified in Section 2 of this Offer.

1.1.4. Customer — the recipient of services and/or goods under this Agreement.

1.1.5. Service — paid consultations (both oral and written), recordings of practical lessons, trainings and master classes, and information-and-consulting sessions (and/or the recordings thereof) for distance learning, organised by the Provider. The Services are regularly updated and supplemented by the Provider on the Site.

1.1.6. Goods — physical items: the collection of symbolic ornaments, as well as other tangible products manufactured and offered for sale through the Site. The range of Goods may be updated and supplemented by the Provider.

1.1.7. Webinar — the supply of information-and-consulting Services delivered through remote access via the Internet, taking place in real time on a date and at a time announced in advance. A Webinar may be conducted in the form of a video or audio broadcast, message exchange, or other formats. Webinar materials are available as recordings to all Customers who took part, and on a paid basis to those who could not attend.

1.1.8. Provider's YouTube Channel / Channel — the body of information materials supplied by the Provider as part of the Services, gathered in digital video format on the YouTube hosting platform under the official “Darina Frein” Channel: https://www.youtube.com/channel/UC59vBJ6ZCGSoFFIZunqkUfw.

1.1.9. Site — the body of information, texts, graphic elements, design, images, photo and video materials and other results of intellectual activity, together with computer programs contained in the information system that makes such information available on the Internet at the network address https://nantenamar.com/, as well as the Provider's social-media presences: Instagram (https://www.instagram.com/darina_frein/) and Facebook (https://www.facebook.com/dariafrein).

1.1.10. Software — a browser (Internet Explorer, Firefox, Google Chrome and/or equivalents) for accessing information resources on the Internet, and other programs for the transfer, storage and processing of the supplied information. The Customer undertakes to ensure, at their own expense, that the necessary Software is installed on their personal computer.

1.1.11. Feedback — an information-and-consulting Service in the form of answers to questions, delivered as a webinar and/or as written replies on study topics via the Internet, using a Telegram chat or via email or the Instagram and Facebook social networks, in the format of personal communication between the Provider and the Customer.

1.1.12. Access to the Service — a notice sent by the Provider to the Customer by email and/or message, including via available messengers over telephone-and-digital connection, confirming the conclusion of the Agreement and containing the information required for the Customer to receive the Service and/or Goods presented on the site https://nantenamar.com/.

1.1.13. Personal Data — information or a body of information about the Customer, supplied by them during registration and allowing the Customer to be identified.

1.1.14. Registration — the procedure by which the Customer, by completing the relevant forms on the Site, supplies the information (personal data) needed to order and pay for Services and/or Goods on the Site.

1.1.15. Settlement Account — for the purposes of this Agreement, the settlement account refers to the account of Sole Proprietor A. M. Hyvel, who acts in the interests of the Provider and to whom the Provider, on the terms of this Agreement, grants the right to receive funds from the Customer through one of the payment systems specified in clauses 5.2.5 and 6.3.7 for the Services rendered by the Provider and/or Goods supplied, as selected by the Customer on the Site at https://nantenamar.com/.

2.1. This Agreement is the public Offer of Darina Frein (hereinafter — the Provider) and contains all material terms of the agreement for the supply of information-and-consulting Services, addressed to an indefinite range of natural persons wishing to obtain a service and/or product on the website at https://nantenamar.com/.

2.2. Upon accepting the terms set out below and paying for services and/or goods, a natural person who fully accepts this Offer becomes the Customer, acquires all rights and obligations provided for in this Agreement, and the Provider together with the Customer become the Parties to the Offer Agreement. The Agreement governs the use of the Site's resources, services and capabilities — the platform provided to the Customer for receiving information, ordering products and services, and communication.

2.3. Acceptance of this public Offer is performed by the Customer's full payment for the information-and-consulting services and/or goods in accordance with the terms of this Agreement. From the moment funds are credited to the Settlement Account in payment for the Services and/or Goods, this Agreement is deemed concluded between the Customer and the Provider.

2.4. By accepting this Offer and thereby concluding this Agreement, the Customer confirms that they have, to the extent necessary for them, reviewed the terms of this Agreement, the programme of distance courses, practices and materials, and any other information regarding the Services, as well as information on the Goods placed at https://nantenamar.com/.

2.5. By accepting this Offer, the Customer understands and confirms that the Provider's supply of the Services under this Agreement remotely, using software, fully matches the Customer's ability to make use of services delivered in this manner.

2.6. The current version of the Offer Agreement is always available at https://nantenamar.com/. This Agreement may be modified and/or supplemented by the Provider unilaterally, without any specific notice. A new or modified Agreement enters into force upon being published at https://nantenamar.com/.

2.7. The Parties hereby agree that the Provider grants the right to a third party — namely Sole Proprietor A. M. Hyvel — to act on behalf of the Provider and to use the materials of the Site for the purpose of receiving payment from the Customer for Services and/or Goods, namely to receive into the Settlement Account of Sole Proprietor A. M. Hyvel payment for the Services rendered by the Provider and/or Goods supplied, as selected by the Customer on the Site at https://nantenamar.com/.

3.1. The subject of this Offer is:

3.1.1. The paid supply to the Customer of information-and-consulting Services within distance courses, video lessons, webinars and consultations on spiritual practice created and developed by the Provider on the basis of the author's system of perceiving the world known as “NanteNamar”. The practice presupposes each individual's personal participation in their own life and is directed at self-development and self-improvement.

3.1.2. The supply by the Provider of Goods for sale to the Customer. The Provider undertakes, on the terms and in the manner set out in this Agreement, to sell goods on the basis of an order placed by the Customer on the Site, and the Customer undertakes, on the terms and in the manner set out in this Agreement, to purchase the goods and to pay the price set by the Provider.

3.2. The Services are rendered by the Provider in writing, in the form of recorded course lessons, or as ongoing communication and personal accompaniment of each Customer. The training materials and individual work with the Customer aim at the transfer of knowledge and skills in the “NanteNamar” practice, in line with written and oral answers to the Customer's questions and the chosen Service, as well as other information support of the Customer.

3.3. The Services under this Agreement are limited to providing the Customer with information and forming the skills for them to apply it independently.

3.4. The Services under this Agreement are rendered remotely via the Internet, by means of software and Feedback.

4.1. To be able to order Services and/or Goods, the Customer must complete the data required for the order in the corresponding forms on the Site, namely under “Contacts” or “My Account”.

4.2. The Customer undertakes to supply truthful and accurate information about themselves, together with their contact details, so that the Provider can fulfil its obligations under this Agreement and supply the paid Services or deliver the paid Goods.

4.3. By accepting this Agreement, the Customer consents to the collection and use of certain information about them in accordance with the applicable data protection legislation. The Customer has the right to access their personal data, request corrections, and request deletion of their data by sending a request to info@nantenamar.com.

5.1. Procedure for the supply of Services:

5.1.1. The term for supplying Services under this Agreement may vary from 1 (one) day to 4 (four) calendar months depending on the type of Service, counted from confirmation of payment. Specific delivery terms for different Services are agreed individually with each Customer, unless other terms are explicitly stated on the Site.

5.1.3. After the Customer fulfils the conditions set out in clause 5.1.2 of this Agreement, the Provider shall, within 3 (three) calendar days, respond to the request and conduct an interview with the Customer to clarify the details of the paid Service. On the basis of that interview, and pursuant to applicable consumer protection laws, the Provider decides whether to deliver or to decline the Service, and informs the Customer accordingly.

5.1.4. Feedback in the form of webinars, in line with the training programme and the chosen tariff, is conducted by the Provider in accordance with the training programme. The Provider reserves the right to change the day and date of any webinar.

5.1.5. Any additional questions arising for the Customer during the supply of Services may be raised and discussed via Feedback with the Provider.

5.1.6. Services are supplied exclusively during working hours — from 10:00 to 19:00, Monday through Friday — observing generally accepted standards of conduct, respect and professional courtesy.

5.1.7. The Parties hereby confirm that the Provider does not supply psychological or psychotherapeutic support 24 (twenty-four) hours a day, 7 (seven) days a week, and that in the event of aggressive or improper behaviour by the Customer the Provider has the right to terminate the work.

5.2. Procedure for payment of Services:

5.2.1. The price of the information-and-consulting Services under this Agreement is published on the Site at https://nantenamar.com/ and may be amended by the Provider at any time unilaterally. A new price enters into force upon publication and does not apply to Services already paid for at that moment.

5.2.2. Payment for the chosen Service is made in US dollars.

5.2.3. Payment for the chosen Service is made by the Customer by crediting funds in advance to the Settlement Account, in the amount of 100% of the cost of the Services, within 3 (three) calendar days from the moment the Service is ordered.

5.2.4. The moment of payment is deemed to be the moment funds arrive at the Settlement Account.

5.2.5. The Customer may pay for the Service by credit card via an electronic payment-system service.

5.3. Refund conditions:

5.3.1. If the information supplied within a Service does not resonate with the Customer, if it is unclear to them, or if the Customer experiences fear or anxiety, the Provider undertakes to refund the full amount paid for the Service and the work with the Customer is terminated. The Customer must notify the Provider of such circumstances within 1 (one) working week of receiving the information by sending an email to info@nantenamar.com. The message must contain the Customer's full name and a description of the issues encountered with perceiving the supplied information.

5.3.2. Where, following the interview with the Customer, the Provider sees and understands that the Customer is not ready for development and the perception of the practices (the Customer needs a psychologist or psychotherapist), the Provider unilaterally decides to terminate communication with the Customer and refund the full amount paid for the Service. The Provider undertakes to notify the Customer of this within 3 (three) calendar days from the moment the Service was paid for, by sending the corresponding message to the email address from which the order request was submitted.

5.3.3. If, due to technical issues or errors on the Site, the Customer paid at an erroneously displayed price and/or paid for a Service different from the one ordered, the Customer will be notified of the technical error by the Provider and will have the option either to pay the actual price of the Service or to receive a refund of the funds paid, within 3 (three) working days of receiving such notification.

5.3.4. Refunds are issued in the absence of grounds for refusing a refund, less the actual costs incurred by the Provider as of the moment of refund. Such actual costs include (but are not limited to) the commissions of banks, credit organisations and the relevant payment systems for executing the refund.

6.1. Placing an order:

6.1.1. The Customer may place and pay for an order independently on the site https://nantenamar.com/ and notify the Provider of the payment by email at info@nantenamar.com. After the order is placed and paid for, a notification will be sent to the Customer's email address confirming the order and the availability of the Goods, or stating an estimated date for the Goods to arrive in case of unavailability — within 3 (three) working days from the receipt of the order-and-payment notification by the Provider.

6.1.2. If an order is placed in a quantity exceeding one unit of a single item and the required quantity is not available, the Provider informs the user by sending a message to the Customer's email address. The Customer may agree to receive the quantity available and obtain a refund for the difference, or cancel the order and receive a refund of the full amount paid. If no reply to the Provider's message is received within 3 (three) working days, the Provider may cancel the order and refund the funds to the Customer.

6.1.3. If the Goods listed on the Site are unavailable due to technical malfunctions or other reasons beyond the Provider's control, the Customer is informed by means of a notice sent to their email address, and the order is either cancelled with a refund of the funds to the Customer, or alternative ways of resolving the situation are agreed with the Customer.

6.2. Goods delivery procedure:

6.2.1. The Customer receives the Goods in Ukraine and other countries — through available International postal services as agreed with the Customer, and additionally, exclusively within Ukraine — through the express-delivery service “Nova Poshta”, including its “Courier Delivery” service (hereinafter — Nova Poshta).

6.2.2. By accepting delivery via Nova Poshta or an International postal service, the Customer fully and unconditionally agrees to the cargo-carriage rules of Nova Poshta or the International postal service in question.

6.2.3. The fact of receipt of the Goods and the absence of complaints regarding the quality of the Goods delivered by any of the means specified in clause 6.2.1 is confirmed by the Customer's signature on the consignment note (payment receipt) at the moment of receipt. For its part, the Provider guarantees dispatch of the Goods through the agreed delivery service in the quantity specified and paid for by the Customer, in proper condition and quality.

6.2.4. Dispatch of the Goods is performed by the Provider from 15 (fifteen) working days worldwide, counted from the date the Provider receives notification from the Customer that the order has been paid for.

6.2.5. Any questions arising during payment and receipt of the Goods may be clarified by the Customer through Feedback with the Provider and the contacts listed under the “Contacts” section of the Site.

6.3. Procedure for payment of Goods:

6.3.1. The price of Goods under this Agreement is published on the Site at https://nantenamar.com/ and may be amended by the Provider at any time unilaterally. A new price enters into force upon publication and does not apply to Goods already paid for at that moment.

6.3.2. The price of the Goods does not include the cost of delivery.

6.3.3. Delivery costs are calculated separately, in line with the postal-delivery service chosen by the Customer, and are paid by the Customer independently within the timeframes and on the conditions set by that delivery service.

6.3.4. Payment for the Goods is made in US dollars.

6.3.5. Payment for the Goods is made by the Customer by crediting funds in advance to the Settlement Account, in the amount of 100% of the cost of the Goods, within 3 (three) calendar days from the moment the order is placed.

6.3.6. The moment of payment for the Goods is deemed to be the moment funds arrive at the Settlement Account.

6.3.7. The Customer may pay for the Goods by credit card via an electronic payment-system service.

6.4. Goods return procedure:

6.4.1. In accordance with applicable consumer protection laws, the Customer is entitled to exchange Goods of proper quality within 14 (fourteen) days, not counting the day of purchase, unless a longer term is announced by the Provider. The Customer's right to exchange Goods is subject to the statutory provisions on grounds for, and the list of, goods that are not subject to exchange (return).

6.4.2. If the Customer intends to return Goods, such return is carried out in accordance with the rules and conditions set by the relevant postal-delivery service.

6.4.3. Where defects are present and the Customer decides to return the Goods, the Customer must record the fact of return in line with the rules and conditions of the relevant postal-delivery service, and must immediately inform the Provider of the defects and the return of the Goods, and agree with the Provider on either replacement of the Goods or refund of the price paid (if paid in full, by the means specified in clause 6.3 of this Agreement), with deduction of the return-shipping cost upon the Customer's written request.

6.4.4. The Parties have agreed that, in the event of failure to comply with the mandatory requirements of the procedure above, the Customer's receipt of the Goods in proper condition — without any mechanical damage and in full set — shall be deemed to have taken place.

7.1. The Provider undertakes to:

7.1.1. Supply the Customer with information-and-consulting Services within distance courses, video lessons, webinars and consultations on spiritual practice, created and developed by the Provider on the basis of the author's system of perceiving the world known as “NanteNamar”.

7.1.2. Inform the Customer of any changes to the dates and times of planned webinars.

7.1.3. Provide Feedback in line with the Service chosen by the Customer.

7.1.4. Arrange the recording of every new webinar and video lesson and place the recordings on the Channel, notifying the Customer of access to them.

7.1.5. Provide the Customer with access to the recordings on the Channel within the chosen Service.

7.1.6. Preserve the confidentiality of any confidential information received from the Customer while supplying information-and-consulting Services under this Agreement. At the Customer's request, the Provider guarantees the additional signing of an NDA (Non-Disclosure Agreement), in addition to this Agreement, in order to ensure the highest level of confidentiality and to keep information about the Customer's identity and personal data secret. To do so, the Customer must specify the need for an NDA in their order email to the Provider.

7.1.7. Comply with the legal requirements concerning the processing, transfer and protection of the Customer's personal data.

7.2. The Provider has the right to:

7.2.1. Unilaterally change the schedule for publishing training material, conducting Feedback and other consultations, and to amend and supplement the content of the practices.

7.2.2. Require the Customer to perform their obligations in good faith.

7.2.3. At its sole discretion and unilaterally, restrict access to any information presented on the Site, in particular information posted by the Customer, including by removing information posted by the Customer in reviews and comments on the Provider's pages on Instagram and Facebook.

7.2.4. Require the Customer to follow recommendations and to trust the system of practice.

7.2.5. Require compliance with the rules of communication set out in clauses 5.1.6–5.1.7 of this Agreement.

7.2.6. Unilaterally amend and supplement the terms of this Agreement without prior coordination with the Customer, while ensuring publication of the amended terms on https://nantenamar.com/ no fewer than one day before they enter into force.

7.2.7. Unilaterally terminate this Agreement in the event of a material breach by the Customer of its terms. In such cases the funds paid by the Customer under this Agreement are refunded on the conditions of clause 5.3 and clause 6.4.3 of this Agreement. Any infringement of copyright is also deemed a material breach.

7.2.8. Engage third parties to perform its obligations, in particular Sole Proprietor A. M. Hyvel — to receive into the Settlement Account of Sole Proprietor A. M. Hyvel funds from the Customer for Services rendered and/or Goods supplied.

7.3. The Customer undertakes to:

7.3.1. After choosing a Service, accepting this public Offer and paying in full for the information-and-consulting Services, follow the established schedule of the training programme, the goals and substance of the Provider's tasks, and comply with the recommendations and requirements of the Provider within the supply of Services under this Agreement.

7.3.2. After ordering Goods on the Site, accepting this public Offer and paying for the Goods in full, comply with the conditions and procedure of delivery and/or return set by this Agreement.

7.3.3. Not resell the Goods after receiving them, but use them exclusively for personal purposes.

7.3.4. Supply the Provider with up-to-date information and personal data required for sending information materials to the Customer and for prompt Feedback within the supply of Services under this Agreement.

7.3.5. Not record, reproduce, publish, post on websites, copy, transfer or resell to third parties — for either commercial or non-commercial purposes — the information and materials supplied by the Provider to the Customer under this Agreement, not create derivative information products from such materials for commercial gain, and not use this information in any manner other than for personal use.

7.3.6. Not transfer to third parties, and to keep confidential, the access passwords to the Channel used by the Provider to organise the Services under this Agreement.

7.3.7. Not modify, by any means, the program-side of the Site, nor undertake actions aimed at altering its functioning or operability.

7.3.8. Not post on the Site — namely in reviews and comments on Instagram and Facebook — the personal data of third parties without their consent, including home addresses, phone numbers, identity-document data, or email addresses.

7.3.9. Not post on the Site — namely in reviews and comments on Instagram and Facebook — commercial advertising, commercial offers, campaigning information, or any other intrusive content (including SPAM in comments — mass distribution of advertising or other correspondence to persons who have not expressed a wish to receive it), except where such posting has been agreed with the Provider.

7.3.10. Refrain from offensive statements and unlawful acts against other Customers and the Provider personally, and from posting messages on the Site — namely in reviews and comments on Instagram and Facebook — intended to provoke a sharp reaction from other participants of the resource (trolling).

7.4. The Customer has the right to:

7.4.1. Request a refund of the funds paid in accordance with the rules and conditions established by this Agreement.

7.4.2. Use the Site's services, search and view materials, comment and leave reviews on the Site, namely on the Provider's pages on Instagram and Facebook.

7.4.3. Place a Goods order on the corresponding page of the Site.

7.4.4. Require the Provider to comply with the terms of this Agreement.

7.4.5. Make use of the option to subscribe to the closed materials of the Site and obtain premium access.

8.1. The Provider bears no liability for the inability to supply Services to the Customer for reasons beyond the Provider's control, namely: disruption of the Internet, or of the Customer's equipment or Software.

8.2. No information, materials and/or consultations supplied by the Provider within the Services under this Agreement may be regarded as guarantees. Any decisions made on the basis of all the information supplied by the Provider lie within the Customer's exclusive competence. The Customer assumes full responsibility and risk for the use of the information and materials supplied by the Provider in the performance of its obligations under this Agreement.

8.3. The Parties are released from liability for non-performance or improper performance of the obligations under this Agreement during the period of force majeure. During this period the Parties have no mutual claims, and each Party assumes its own risk for the consequences of force-majeure circumstances. The Provider shall notify the Customer of such circumstances by posting information on the Site and/or sending it to the email address supplied by the Customer at the time of payment, while the Customer shall send the Provider an email with the subject line “Force Majeure”. The Parties understand force-majeure circumstances to include: fire, flood, earthquake, strikes and other natural disasters, war and military action, the entry into force of legal acts and acts of legal application that prevent performance of the obligations, urgent (unplanned) hospitalisation confirmed in writing — provided that such circumstances are beyond the Parties' control, prevent performance of this Agreement, and arose after its conclusion. The Customer's lack of time, on any grounds, to take part in the training practice or Feedback, being on holiday or a business trip, the absence — for any reason — of access to the Internet, or a breakdown of the means of accessing the Internet, do not constitute force-majeure circumstances.

8.4. In the event of disputes related to the performance of this Agreement by the Parties, except for disputes concerning the recovery of debts from the Customer, the Parties undertake to resolve them by negotiation, observing a claim-based procedure. The deadline for considering a claim is 30 (thirty) calendar days from its receipt. For disputes concerning the recovery of debts from the Customer, the claim-based procedure is not required.

9.1. The Site contains results of intellectual activity belonging to the Provider, the Provider's affiliates and other related parties, representatives, and any other persons acting on behalf of the Provider.

9.2. By using the Site, the Customer acknowledges and agrees that all content of the Site and the structure of that content are protected by copyright, trademark rights and other rights to the results of intellectual activity, and that these rights are valid and protected in all forms, on all media, and with respect to all technologies — both those existing today and those to be developed or created hereafter. No rights to any content of the Site, including but not limited to audio-visual works, textual and graphic materials, and trademarks, pass to the Customer as a result of using the Site or concluding this Agreement.

9.3. In the event of the Customer's breach of the provisions of this Agreement concerning the protection of the Provider's copyright, the Provider has the right to demand payment of compensation in the amount of ten times the cost of the ordered Service for each instance of breach, as well as compensation of all damages caused, including lost profit.

9.4. In addition, by concluding this Agreement, the Customer confirms and agrees to the following:

9.4.1. Books and any other printed editions for which the intellectual-property rights belong to the Provider, acquired through the use of the Site, pass into the Customer's exclusively personal use, and the Customer has no right to resell, republish, translate and/or otherwise process and publish them under their own authorship, or to commit any other acts that infringe the Provider's economic copyright under the applicable legislation.

9.4.2. Any Goods purchased through the Site — namely their design — are protected by copyright, and the Customer has no right to resell the Goods, copy and/or by any other means duplicate the design of the Goods in order to create their own similar goods or to derive commercial gain from selling them. The Customer receives the Goods exclusively for personal household use.

10.1. This Agreement enters into force from the moment of Acceptance by the Customer in accordance with clause 2.2 of the Agreement and remains in force until the obligations of the Parties have been performed in full.

10.2. Inaction by the Provider in case of a breach of the provisions of this Agreement by the Customer does not deprive the Provider of the right to take subsequent action to defend its interests and to protect the intellectual-property rights in the materials of the Site protected by the applicable legislation.

10.3. Governing law. This Agreement is governed by the laws of the jurisdiction in which the Provider is registered (Ukraine, Sole Proprietor A. M. Hyvel). Any disputes not resolved through negotiation under clause 8.4 shall be addressed in accordance with the laws of that jurisdiction.

10.4. The Provider's details and means of feedback are listed under the “Contacts” section on https://nantenamar.com/.