PUBLIC OFFER

for the provision of services

This Agreement is a public offer within the meaning of Article 633 of the Civil Code of Ukraine.

The services under this Agreement are provided by Yuliia Lysenko or Liudmyla Slobodianiuk (hereinafter — the “Agency”). Each of them is an entrepreneur registered in the Italian Republic and acts separately and independently of the other.

Rights and obligations under the Agreement arise only for the one of them to whose account the Client has paid for the Package (hereinafter — the “Contractor”). The liability of Yuliia Lysenko and Liudmyla Slobodianiuk is not joint and several: each of them is liable only under the Agreements in which she is the Contractor.

“Milana” is the name of the Website and not a legal entity.

The offer is addressed to individual men (hereinafter — the “Client”). Full payment of the Package price constitutes acceptance of this offer.

Section 1. Terms and Definitions

1.1.Agreement — this Agreement with the Client, including the Tariffs and the Rules, concluded by acceptance of this public offer. Acceptance is expressed by payment for the Contractor’s services.

1.2.Agency Specialists — matchmakers, translators and other persons engaged by the Agency to perform the Agreement, including Liudmyla Slobodianiuk, who is engaged to perform the Private Concierge Package.

1.3.Matchmaking — a service of individual selection of a potential Candidate for a serious relationship. Matchmaking includes analysis of the Client’s request, selection of Candidates, Presentation of the Client’s Profile and organisation of an introduction if there is mutual interest. The decision on an introduction and a relationship is made by the persons concerned independently.

1.4.Candidate — a woman whose profile is held in the Agency’s database or whom the Agency has found in the course of the search, predominantly a citizen of Ukraine or of another country of the former Soviet Union.

1.5.Package — the scope, price and term of services selected by the Client in accordance with the Tariffs [link to the page where the Tariffs are published].

1.6.Rules — the separate document “Client Code of Conduct” published on the Website [link to the page where the Rules are published]. The Rules set out the requirements for the Client’s photographs and Profile, the procedure for communication between the Client and the Agency, the Agency Specialists and the Candidates, and the prohibitions whose breach is a ground for termination of the Agreement under clause 7.8.7. The Rules form an integral part of the Agreement. By paying for the Package, the Client confirms that he has read the Rules and undertakes to comply with them.

1.7.Profile — the Client’s questionnaire, photographs and short description prepared by the Agency for Presentations.

1.8.Presentation — sending the Client’s Profile (photographs and a short description) to a Candidate with a proposal to consider an introduction to the Client.

1.9.Initial Introduction — the first contact between the Client and a Candidate. An Initial Introduction is deemed organised if the Client and the Candidate have confirmed mutual interest and the Agency has agreed the format of the first contact between them (video call, telephone call, exchange of contacts or another format of communication).

1.10.Time of Conclusion of the Agreement — the moment when full payment of the Package price is credited to the Contractor’s account. Payment of the Package price is equivalent to signing this Agreement.

1.11.Withdrawal Period — 14 days from the Time of Conclusion of the Agreement.

1.12.Website — the Milana website at https://milana-love.com, where this Agreement, the Tariffs, the Privacy Policy and the Rules are published.

1.13.Business Day — Monday to Friday, except public holidays in Ukraine.

1.14.Tariffs — the separate document “Tariffs” published on the Website [link], which sets out the content, price and term of each Package. The Tariffs form an integral part of this Agreement.

1.15.Privacy Policy — the separate document published on the Website [link], which sets out the procedure for processing the Client’s personal data.

Section 2. Subject of the Agreement

2.1.The Agency undertakes to provide the Client with Matchmaking services within the selected Package, and the Client undertakes to pay for these services. The services are aimed at creating an opportunity for the Client to become acquainted with Candidates. The purpose of the introduction is a serious relationship, creating a family or marriage.

2.2.The content, scope, term and maximum number of Presentations and Initial Introductions of each Package are set out in the Tariffs in the version in force at the Time of Conclusion of the Agreement.

2.3.The decision to communicate, meet and develop a relationship is always made by the Client and the Candidate independently. The Agency does not guarantee:

2.3.1.the creation of a relationship, marriage or relocation of a Candidate;

2.3.2.the consent of any particular Candidate to an introduction;

2.3.3.any specific number of Initial Introductions. The number stated in the Tariffs is a maximum (“up to”);

2.3.4.the feelings, intentions or conduct of Candidates.

2.4.Unless otherwise agreed separately in writing, the services do not include:

2.4.1.the Client’s personal expenses for travel, accommodation, tickets, restaurants, gifts and the like;

2.4.2.legal, migration and visa services, marriage registration services and translation of documents;

2.4.3.psychological counselling, coaching or emotional support;

2.4.4.round-the-clock communication and an unlimited search.

2.5.The Agency is not a party to the relationship between the Client and a Candidate and is not liable for their actions.

2.6.The Agency may engage Agency Specialists to perform this Agreement (Article 528 of the Civil Code of Ukraine). Such engagement is not a disclosure of confidential information or personal data.

Section 3. Conclusion of the Agreement

3.1.After the Agreement is concluded, the Agency sends a confirmation of the conclusion of the Agreement to the Client’s e-mail address.

3.2.The offer is not addressed to citizens of Angola, Algeria, Afghanistan, Gabon, Egypt, Tunisia, Yemen, Iran, Iraq, Congo, Mali, Morocco, Mozambique, Nigeria, Niger, Syria, Somalia, Sudan, Chad and Pakistan, or to persons habitually resident in these countries.

3.3.If payment is received from a person to whom the offer is not addressed and the Agency establishes this before it starts providing the services, the Agreement is deemed not concluded, and the Agency returns the payment less bank charges within 14 days. If this is established after the Agency has started providing the services, clause 7.8 applies.

3.4.By paying for the services, the Client confirms that:

3.4.1.he has reached the age of 21 and has full legal capacity;

3.4.2.he is not married and is not in a registered partnership or a long-term relationship;

3.4.3.he has no conviction for a violent or sexual offence in any country;

3.4.4.he has not previously been a Client with whom the Agency terminated an Agreement;

3.4.5.he is not, directly or indirectly and in any capacity, connected with the provision of a service that competes with the services of the Agency;

3.4.6.he uses the services for personal purposes, with a serious intention to create a relationship;

3.4.7.all information he provides to the Agency is true, complete and up to date.

3.5.The Client is liable for the accuracy of this information. If any of it proves untrue, clause 7.8 applies.

Section 4. Price and Payment

4.1.Package prices are stated in euro (EUR) in the Tariffs. The price does not change during the term of the Package. The Client pays 100% of the Package price.

4.2.If payment is credited to the Contractor’s account in less than the full amount, the Agreement is deemed not concluded and the Agency does not start providing the services. The amount received is credited towards the Package price once the balance is paid. If the balance is not received within 14 days, the amount is returned to the Client at his request less bank charges.

4.3.The Client may pay for the Package by any method available to him that is accepted by the Agency. Payments to third parties are not recognised as payment under this Agreement.

4.4.The Client bears all bank charges, payment system fees and currency conversion costs.

4.5.The price of a Consultation may, by decision of the Agency, be credited towards the price of a Package purchased by the Client within 30 calendar days after the Consultation.

4.6.The price, detailed description of services and term of the Private Concierge Package are agreed with the Client individually, based on his wishes, and are recorded in a separate written agreement (the “Private Concierge Agreement”), the terms of which are discussed and agreed in advance by e-mail before payment. The minimum price of the Package is stated in the Tariffs. Matters not regulated by the Private Concierge Agreement are governed by this Agreement.

4.7.The Milana Club service is available only to Clients who have previously paid for any Package. Its content and price are stated in the Tariffs.

Section 5. Performance of the Agreement

5.1.The Agency starts providing the services immediately after payment is credited to the Contractor’s account. If payment is credited after 16:30 Kyiv time or on a day that is not a Business Day, the Agency starts providing the services on the next Business Day.

5.2.The services are provided in stages. Depending on the Package, the stages include:

5.2.1.an interview with the Client;

5.2.2.the questionnaire — collection of information about the Client and preparation of the Profile;

5.2.3.analysis of the request and selection of Candidates;

5.2.4.Presentation of the Profile to Candidates;

5.2.5.processing of feedback from Candidates;

5.2.6.organisation of Initial Introductions if there is mutual interest, and recommendations on communication.

Stages 5.2.1–5.2.5 are taken into account when money is refunded under clause 7.3.

5.3.The Client agrees that the Agreement is deemed performed by the Agency from the moment of:

5.3.1.for the Individual Introduction Package — sending the Client’s Profile to the Candidate chosen by the Client;

5.3.2.for the Match Selection, Private Matchmaking and Private Concierge Packages — sending the Client’s Profile to at least 3 (three) Candidates with a proposal of an introduction;

5.3.3.for a Consultation — holding the Consultation.

Services provided after that moment are additional performance within the term of the Package. Their scope does not affect the fact of due performance of the Agreement.

5.4.The term of the Package runs from the Time of Conclusion of the Agreement. The term is not suspended, frozen or extended, including where the Client delays providing information or photographs or where a relationship with a Candidate has begun, except in the case provided for in clause 5.5. Candidates are not replaced.

5.5.The number of Presentations and Initial Introductions stated in the Tariffs is a maximum. If, before the end of the term of the Package, there were fewer Presentations or Initial Introductions than the maximum number, the term of the Package may be extended by 3 months by decision of the Agency.

5.6.The Agency verifies Candidates in accordance with its internal procedure (interview of the Candidate, check in the court register of Ukraine, video interview). Verification does not guarantee the accuracy of all information provided by a Candidate or her intentions.

5.7.The Agency determines the frequency and form of informing the Client at its own discretion. The Agency is not obliged to inform the Client daily of the progress of the search or of the absence of new Candidates.

5.8.The Parties do not sign certificates of acceptance of services. Performance is confirmed by e-mails, messenger messages, screenshots and records of the Agency. The Parties recognise such materials as proper evidence.

Section 6. Obligations of the Client. Documents

6.1.The Client undertakes to:

6.1.1.provide true, complete and up-to-date information and complete the Agency’s questionnaire;

6.1.2.provide his tax identification number;

6.1.3.provide photographs that comply with the Rules [link to the page where the Rules are published];

6.1.4.notify the Agency without delay of any change in his marital status, place of residence or contact details;

6.1.5.comply with the Rules.

6.2.The Client may not assign his rights and obligations under the Agreement.

6.3.Providing documents is voluntary and is not a condition for concluding the Agreement. The Client may, on his own initiative, provide: an identity document, a criminal record certificate, a divorce document, an income declaration, links to social networks. Such documents speed up the processing of the Profile; therefore, the Client receives priority attention from the Agency.

6.4.For identity verification and the safety of Candidates, the Agency may at any time during the term of the Package request the documents listed in clause 6.3. The Client provides them within 10 calendar days.

Section 7. Right of Withdrawal. Termination of the Agreement

7.1.The Client may withdraw from the Agreement within 14 days from the Time of Conclusion of the Agreement without giving any reason by sending a letter to milanalove.info@gmail.com.

7.2.By paying for the Package, the Client expressly requests the Agency to start providing the services immediately, before the end of the Withdrawal Period (clause 5.1), and confirms that he has been informed of the consequences set out in clauses 7.3 and 7.4. The Agency may request confirmation of this request.

7.3.If the Client withdraws from the Agreement within the Withdrawal Period and before the moment specified in clause 5.3, the Agency refunds the price paid less the value of the stages of services that the Agency has started:

7.3.1.interview — 10% of the Package price;

7.3.2.questionnaire (collection of information and preparation of the Profile) — 20% of the Package price;

7.3.3.analysis and selection of Candidates — 50% of the Package price;

7.3.4.Presentation of the Profile — 10% of the Package price;

7.3.5.processing of feedback from Candidates — 5% of the Package price.

The percentages are calculated on the Package price and added together. The Parties have agreed that this calculation corresponds to an amount proportionate to the services provided.

7.4.The Client loses the right of withdrawal once the service, started at his express request, has been fully provided (Article 13(5)(1) of the Law of Ukraine “On Consumer Rights Protection”). The service is deemed fully provided from the moment specified in clause 5.3.

7.5.The Agency refunds the amount due, less bank charges, within 14 days from receipt of the withdrawal notice, using the same means of payment unless otherwise agreed.

7.6.After the end of the Withdrawal Period or after the moment specified in clause 5.3, the Client may terminate the Agreement at any time by e-mail. The price paid is not refunded and is deemed compensation for the services provided and the resources reserved by the Agency.

7.7.The Agreement terminates on expiry of the term of the Package, except in the case provided for in clause 5.5.

7.8.The Agency may terminate the Agreement unilaterally without refund of the price paid and without any compensation if:

7.8.1.any confirmation of the Client under clause 3.4 proves untrue, or the Client has knowingly provided false information;

7.8.2.the Client is a citizen of a country listed in clause 3.2;

7.8.3.the Agency considers that the Client’s actions or way of life show signs of fraud or other criminal offences;

7.8.4.the Client contacts Candidates presented by the Agency bypassing the Agency before an Initial Introduction is organised, including by searching for them on social networks;

7.8.5.the Client insults, threatens, harasses or exerts psychological pressure on Yuliia Lysenko, Liudmyla Slobodianiuk, the Agency Specialists or Candidates;

7.8.6.the Client has not provided the documents requested under clause 6.4;

7.8.7.the Client has breached the Rules.

7.9.The Agreement is deemed terminated on the day the Agency sends a notice to the Client’s e-mail address.

7.10.The Agency may terminate the Agreement without giving reasons by sending a notice to the Client’s e-mail address. In this case the Agency refunds the price paid less the value of the stages calculated under clause 7.3 and bank charges, within 14 days.

Section 8. Liability

8.1.The Parties are liable for breach of the Agreement in accordance with the laws of Ukraine.

8.2.The Agency is not liable for: the absence of the result expected by the Client; the decisions and conduct of Candidates; the Client’s meetings, travel and expenses; the accuracy of Candidates’ information beyond the verification under clause 5.6; the operation of messengers, payment systems and internet providers. The Client is personally responsible for his safety during meetings and travel.

8.3.The total liability of the Contractor is limited to the price actually paid by the Client for the Package, to the extent permitted by the applicable law.

8.4.The Parties are released from liability for non-performance caused by force majeure, including martial law, hostilities, air-raid alerts and power outages in Ukraine.

8.5.The Client compensates the Agency for losses caused by breach of the Agreement, including claims of Candidates.

Section 9. Confidentiality and Personal Data

9.1.The Parties keep confidential the information received under the Agreement, including after its termination. Transfer of the Profile to Candidates and of information to the Agency Specialists for the performance of the Agreement is not a disclosure.

9.2.The Contractor is the controller of the Client’s personal data and processes it in accordance with Regulation (EU) 2016/679 (GDPR) and the Privacy Policy. Transfer of Profile data to Candidates, including in Ukraine and other countries outside the EEA, is necessary for the performance of the Agreement (Articles 6(1)(b) and 49(1)(b) GDPR). The Client’s contact details are transferred to a Candidate only after mutual interest has been confirmed.

Section 10. Correspondence

10.1.The Parties communicate by e-mail (Agency: milanalove.info@gmail.com). The Client’s e-mail address is the address from which he contacted the Agency or which he stated in the questionnaire.

10.2.Messages received after 17:00 Kyiv time or on a day that is not a Business Day are deemed received at 09:00 on the next Business Day. Withdrawal notices, termination notices and claims are sent by e-mail only.

Section 11. Governing Law and Dispute Resolution

11.1.Pre-trial settlement of disputes is mandatory. The Client sends a written claim to milanalove.info@gmail.com. The Agency replies within 30 calendar days.

11.2.Pursuant to Article 3 of Regulation (EC) No 593/2008 (“Rome I”), the Agreement and all disputes arising out of it are governed by the laws of Ukraine. Disputes are heard by the Shevchenkivskyi District Court of Kyiv.

Section 12. Final Provisions

12.1.The Agency may amend the offer by publishing a new version on the Website. A concluded Agreement is governed by the version in force at the Time of Conclusion of the Agreement.

12.2.If any provision of the Agreement is held invalid, the remaining provisions remain in force.

12.3.The Client confirms that his command of English is sufficient to understand the Agreement.

Section 13. Details of the Contractors