RULES FOR PARTICIPATION IN EVENTS OF THE ASSOCIATION OF DIIA CITY RESIDENTS

 

1. GENERAL PROVISIONS

1.1. The Rules for Participation in Events of the ASSOCIATION OF DIIA CITY RESIDENTS constitute a Public Offer Agreement on participation in events (hereinafter – the “Agreement”) and govern the relations between individuals attending the events (hereinafter – the “Attendee”) and the ASSOCIATION OF DIIA CITY RESIDENTS, represented by Director Nataliia Mykolska, acting under the Charter (hereinafter – the “Association”), regarding the organisation, conduct, and coverage of the Association’s events (hereinafter – the “Events”).

1.2. This Agreement is a public contract pursuant to Articles 633, 641, 642 of the Civil Code of Ukraine, whose terms are identical for all Attendees and is concluded through full and unconditional acceptance by the Attendee.

1.3. By accepting this public offer, the Attendee confirms that they understand the significance of their actions, act voluntarily, agree with all provisions, and enter into this Agreement.

1.4. In view of the above, the Attendee must carefully read this Public Offer. If the Attendee does not agree with its terms or any of its provisions, the Association recommends refusing to conclude the Agreement and to refrain from attending the Event or terminate this Agreement under clause 9.9 of this Agreement.

2. DEFINITIONS

2.1. “Agreement” – this public offer agreement regulating the procedure for conducting Events by the Association and participation in them by the Attendee, published on the official Website.

2.2. “Attendee” – an individual who has accepted the Offer and thereby becomes an attendee of an Event under the concluded Agreement. An Attendee may be a Member, as well as any individual with full civil capacity, aged 18 or over, and private legal entities, including NGOs with legal entity status and their C-level representatives (unless otherwise specified for a specific Event), who intend to attend the Event pursuant to this Agreement.

2.3. “Member” – a member or representative of a member of the Association OF DIIA CITY RESIDENTS, holding a C-level position (unless otherwise specified for the particular Event).

2.4. “Offer” – this public proposal of the Association addressed to Attendees and/or Members to conclude the Agreement on the specified terms.

2.5. “Acceptance of the Offer” – full and unconditional acceptance by the Attendee and/or Member of the Offer.

2.6. “Events” – offline and/or online events, or offline events with online streaming, meetings, forums, conferences, seminars, webinars, workshops, meetups, discussions, round tables, working groups, trainings and other events regardless of their name, held for information, education, experience exchange, advocacy, networking and other professional or social purposes linked to the Association’s statutory activities.

2.7.“Chatham House Rule” – a rule permitting Attendees to use the information received but prohibiting disclosure of the identity of speakers or other participants. The rule does not apply to Events with identified speakers. In such cases, only two regimes apply: open or off the record, as announced at the beginning of the Event. Attendees who remain agree to comply.

2.8. “Content” – video, text, graphic, audiovisual or other materials, speeches, etc. developed by the Association and published, demonstrated or provided during the Event.

2.9. “Website” – the official website of the Association: https://diiacityunited.org/.

2.10. “Communication Channel” – any electronic means of communication used by the Association to communicate with Members and Attendees, including but not limited to: messengers (Telegram, Viber, WhatsApp), event platform chats (Zoom, Google Meet, MS Teams etc.) and other publicly announced communication tools.

3. SUBJECT MATTER AND PROCEDURE FOR CONCLUSION OF THE AGREEMENT

3.1. The subject of this Agreement is establishing the rules for the Association’s conduct of Events for the Attendee. Each specific Event is deemed accepted by the Attendee upon its conduct by the Association and considered completed at the moment the Event ends.

3.2. This Agreement is deemed concluded when the Attendee registers for the Event by completing the registration form via a link posted on the Website, official social media pages or Communication Channels of the Association.

3.3. By accepting this Agreement, the Attendee confirms that they are aged 18 or over and have full civil capacity under Ukrainian law. The Attendee also represents and warrants that they possess all necessary rights, powers and legal capacity to conclude and duly perform this Agreement.

3.4. By accepting this Agreement, the Attendee agrees that the Association may amend this Agreement unilaterally. Amendments take effect upon publication on the Website unless otherwise stated.

3.5. Continued participation in Events after amendments constitutes full and unconditional acceptance of the updated version.

3.6. Participation in Events is free unless otherwise specified.

4. RULES OF CONDUCT AT OFFLINE EVENTS

4.1. To attend an Event, the Attendee must complete the registration form via the link posted on the Website, on the Association’s official social media pages, and/or through the Association’s Communication Channels.

4.2. When registering for Events, the Attendee shall provide their contact details (surname, first name, patronymic, email address, mobile phone number, the company they represent and their position (C-level)), as well as any additional information required and collected by the Association in the process of organising the particular Event.

4.3. By submitting personal data during registration, the Attendee consents to its processing by the Association pursuant to the Law of Ukraine “On Personal Data Protection”. The purpose of processing is the organisation and conduct of Events, communication regarding upcoming events, collection of statistical data about Events and the Association’s activities, as well as communication with the Attendee.

4.4. To attend an Event, the Attendee must receive confirmation of registration from the Association. Such confirmation is provided using the means of communication specified in this Agreement.

4.5. The Attendee agrees that the Association may conduct photo and/or video recording during the Events. By virtue of this Agreement, the Attendee consents to such recording pursuant to Article 307 of the Civil Code of Ukraine. The Association may use such photo and/or video materials on its Website and official social media pages. 

4.6. Due to the introduction of martial law in Ukraine as a result of the full-scale armed aggression of the russian federation, the Association draws the Attendee’s attention (including foreign citizens) to the need for strict compliance with applicable Ukrainian law and security measures, namely:

4.6.1. Compliance with curfew (in Kyiv: daily from 00:00 to 05:00).

4.6.2. Mandatory carrying of identity documents at all times.

4.6.3. In the event of an air raid alert – immediate movement to the nearest civil protection shelter.

4.6.4. Strict compliance with instructions issued by public authorities, local self-government bodies and emergency services in case of emergency.

4.7. The Association conducts Events exclusively in locations that meet increased safety requirements and are equipped with appropriate shelters. The Attendee is obliged to observe fire safety rules and other safety rules established at the Event venue.

4.8. During the Event, the Attendee is prohibited from:

4.8.1. Attending the Event while intoxicated (alcohol, narcotics or other substances).

4.8.2. Carrying, storing or using any type of weapons, explosive, flammable, toxic, chemical substances or other dangerous items or materials.

4.8.3. Bringing animals, birds or other pets (except where permitted by law, e.g. guide dogs), as well as cages, containers, zoological items.

4.8.4. Bringing containers, vessels or other objects containing biological fluids, tissues or organic materials.

4.8.5. Engaging in discriminatory, abusive or hostile behaviour toward others on the grounds of race, skin colour, sex, religion, political or other beliefs, ethnic, national or social origin, etc.

4.8.6. Distributing advertising, informational, political or campaigning materials without the prior written consent of the Association.

4.8.7. Conducting photo and/or video recording of the Event, Attendees, speakers, demonstration materials, slides, presentations or other Event objects without prior permission from the Association, if the Association has restricted such recording.

4.8.8. Violating public order, obstructing the Event or disturbing other Attendees, staff, subcontractors or third parties, including through noise, aggressive behaviour, unauthorised performances or provocations.

4.8.9. Distributing false, offensive or defamatory information about other Attendees, staff or subcontractors, including via social media or other media, if such information may harm business reputation or rights of others.

4.9. Distribution of Content belonging to the Association (including but not limited to: texts, images, videos, presentations, etc.) is permitted unless directly prohibited by the Association, and only with mandatory attribution – the name of the Association as the rights holder and/or an active hyperlink to the Website or the Association’s social media.

4.10. In the event that the Attendee violates the provisions of this section, or commits actions that pose a threat to life, health or safety of other Attendees, staff, subcontractors or third parties, the Association may unilaterally limit, suspend or terminate the Attendee’s participation in the Event without prior notice. The Association shall not be liable for any consequences arising for the Attendee in relation to the termination of participation.

5. RULES OF CONDUCT AT CLOSED OFFLINE EVENTS

5.1. Participation in closed offline Events of the Association is permitted exclusively for Attendees who are Members, have completed prior registration, and have received confirmation from the Association.

5.2. In addition to the general requirements and restrictions set out in Section 4 of this Agreement, while attending closed offline Events, the Attendee must comply with additional (special) rules of conduct established by the Association, namely:

5.2.1. Arrive at the Event on time. Entry after the Event has begun may be limited or prohibited at the discretion of the Association.

5.2.2. The Attendee must not copy, distribute, transfer to third parties, publish, or otherwise use the registration form (link, QR code, access to the questionnaire, etc.) received from the Association outside the company in which they are employed or which they represent, unless expressly allowed by the Association.

5.2.3. Observe the confidentiality regime, including refraining from disclosing the content of internal discussions of restricted access without the prior written permission of the Association or relevant persons.

5.2.4. Refrain from conducting photo, audio or video recording of Event materials unless explicitly permitted by the Association in written or verbal form before the start of the Event.

5.2.5. The Attendee shall refrain from publishing any materials (including photos, videos, texts, messages etc.) relating to the Event for at least 1 (one) hour after its completion for security reasons. If the rules of a specific Event establish a prohibition on publication of such materials altogether, the Attendee undertakes not to publish any content related to that Event. Any such prohibition applies to all media and social networks.

5.3. Events of the Association may be conducted under the Chatham House Rule, which allows Attendees to use the information received but prohibits disclosure of the identity of the speaker or any other Attendee without their explicit consent. If the Chatham House Rule applies, the Attendee must strictly comply with its provisions.

5.4. The Chatham House Rule does not apply to Events with designated speakers where statements are clearly attributable to them. In such cases, only two regimes apply: open, or off the record, as announced at the beginning of the Event. Attendees who remain at the Event agree to comply with the announced format.

6. RULES OF CONDUCT AT ONLINE EVENTS

6.1. Participation in online Events of the Association is permitted exclusively for Attendees who have completed prior registration and received confirmation from the Association.

6.2.  In addition to the general requirements and restrictions set out in Section 4 of this Agreement, while attending online Events, the Attendee must comply with the following additional (special) rules established by the Association:

6.2.1. The Attendee must not transfer the link for joining the Event to any third parties without the prior consent of the Association.

6.2.2. The Attendee must independently ensure that they have the necessary equipment, stable internet connection, and up-to-date software required for participation in the Event.

6.2.3. The Attendee must keep their microphone muted when they are not speaking or have not been given the floor. This is necessary to avoid background noise and ensure high-quality audio for all Attendees.

6.2.4. To request the floor, the Attendee must use the “raise hand” function (or any other method specified for the Event) and wait for the moderator or host to grant permission to unmute the microphone and speak.

6.2.5. The Attendee may submit questions to speakers or organisers in the general chat of the online Event. The moderator monitors questions and, where possible, raises them at the appropriate moment.

6.2.6. In case of technical issues (e.g., no sound, no video, access problems), the Attendee may contact the Event moderator and/or the Association through the Communication Channel.

6.3. The rules for participation in online Events set out in this section also apply to Attendees who join offline Events via online broadcast.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The Content and any other intellectual property objects (including those demonstrated by the Association during the Event), such as design elements, text, graphic images, illustrations, videos, scripts, speeches, etc., are intellectual property objects of the Association and/or lawful rightsholders. Such objects are protected under the legislation of Ukraine on intellectual property, as well as applicable ratified international treaties.

7.2. Any use of the Content, any part thereof, or other intellectual property objects without the prior written permission of the Association and/or the lawful rightsholder is unlawful and may constitute grounds for legal action and for holding the violator civilly, administratively, or criminally liable under Ukrainian law.

7.3. The fact that information and/or materials are demonstrated during the Event does not constitute a transfer or waiver of the Association’s or lawful rightsholders’ intellectual property rights. The Association and lawful rightsholders retain all proprietary intellectual property rights to the Content belonging to them, including the right to prevent and prohibit unlawful use of the Content by third parties.

7.4. Access to the Content and any other intellectual property objects demonstrated to the Attendee during the Event is granted exclusively for non-commercial use, without the right to reproduce (including copying/downloading/saving) or distribute such objects in any manner, unless expressly permitted by the Association.

8. LIABILITY OF THE PARTIES

8.1. For failure or improper performance of obligations under this Agreement, the Association and the Attendee shall be liable in accordance with the applicable laws of Ukraine.

8.2. In the event of improper behaviour by the Attendee during the Event, including but not limited to violation of public order, unlawful actions, or creating a threat to the life and health of other Attendees, staff members or any third parties present at the Event, the Association has the right to terminate this Agreement unilaterally and deny the Attendee access to the Event from the moment such violations are identified.

8.3.The Association shall not be liable for the results of the Attendee’s participation in the Event if such results arise due to the actions or omissions of the Attendee. Under no circumstances shall the Association be liable to the Attendee or any third parties for indirect damages, including but not limited to lost profits, loss of data, unauthorised use of personal data by third parties, harm to honour, dignity or business reputation arising in connection with the use of the Content accessed during the Event.

8.4. Any information, Content and/or other materials accessed by the Attendee during the Event may be used only in the ways permitted by this Agreement and at the Attendee’s own risk.The Attendee shall bear full responsibility for any consequences related to the use of such information or materials, including any harm they may cause.

8.5. The Association shall not be liable for the actions or omissions of other Attendees or third parties (excluding subcontractors engaged by the Association) who were present or participated in the Event.

8.6. The Association organises Events on an “AS IS” and “AS AVAILABLE” basis. The Association does not undertake any obligations and provides no warranties regarding: the content, completeness, reliability or accuracy of the Content; the suitability of the Content for the Attendee’s expectations; the commercial or other applicability of the Content for the Attendee’s purposes; the impact of the Content on the Attendee’s professional abilities and skills.

8.7. The Association may modify the Content during the Event without prior notice to the Attendee. Any informational materials, references or links provided during the Event are for informational purposes only, and the Association does not control or verify the content of such materials.

8.8. Information received during the Event does not constitute legal services and shall not be considered legal advice or legal assistance.

8.9. The Event may be temporarily restricted, delayed or interrupted, including in the following cases:

8.9.1. declaration of an air raid alert due to armed threat within the administrative-territorial unit where the Association or Event venue is located;

8.9.2. technical failures (including errors, viruses) of any equipment or software;

8.9.3. interruption (full or partial) of electricity supply or other essential services at the Event venue and/or the Association’s premises;

8.9.4. actions of government authorities, courts or other bodies vested with state powers;

8.9.5. other circumstances beyond the Association’s control.

8.10. The Attendee agrees that the Association reserves the right to unilaterally reschedule the date and/or time of the Event, including due to circumstances outside the Association’s control as specified in clause 8.9.

8.11. The Association undertakes reasonable measures to verify the legal capacity of Attendees but does not guarantee that all Attendees are aged 18 or over.The Association shall not be liable for any consequences of access to the Content or participation in the Event by individuals who violate the age restrictions of this Agreement.

8.12. In the event of an air raid alert due to an armed threat within the administrative-territorial unit where the Event is held, the Association shall inform the Attendee of the nearest shelter, and the Attendee shall leave the Event venue and proceed to the nearest shelter. The Association shall not and cannot be held liable for the safety of Attendees, Members or third parties present at the Event in connection with the emergence of such armed threats.

9. OTHER PROVISIONS OF THE AGREEMENT

9.1. This Agreement is deemed concluded from the moment the Attendee performs the actions specified in clause 3.2 of this Agreement and remains valid for the entire period of the Attendee’s participation in the Event.

9.2. This Agreement is drafted and must be interpreted in accordance with the legislation of Ukraine. Any matters not regulated by this Agreement shall be governed by the applicable laws of Ukraine.

9.3. This Agreement is drafted in the Ukrainian language, does not require a bilateral signature and is valid in electronic form.

9.4. The Attendee has the right to contact the Association with any questions related to attending the Event by sending an email to: events@diiacityunited.org, or by using other Communication Channels available on the Website or the Association’s social media pages.

9.5. If a dispute arises between the Association and the Attendee, the Association’s objective is to provide the Attendee with a neutral and economically efficient means for prompt dispute resolution.

9.6. Any dispute or claim related to attending the Event or otherwise connected with this Agreement, which cannot be resolved directly between the Association and the Attendee, shall be submitted for consideration by the competent court of Ukraine.

9.7. The invalidity of one or more provisions of this Agreement shall not entail the invalidity of the entire Agreement or its remaining parts, which remain valid.

9.8. The Association has the right to terminate this Agreement unilaterally at any time in the event of non-fulfilment by the Attendee of their obligations under this Agreement.

9.9. The Attendee has the right to terminate this Agreement at any time by sending an email to: events@diiacityunited.org

9.10. It is prohibited to transfer rights and obligations under this Agreement to any third party without the Association’s written consent.

9.11. The headings used in this Agreement are for convenience only and shall not affect the interpretation of the Agreement. Words in the singular include the plural and vice versa.

10. INFORMATION ABOUT THE ASSOCIATION

10.1. Name and legal form: Non-governmental organization “ASSOCIATION OF DIIA CITY RESIDENTS”

10.2. Іdentification code:  45094104.

10.3. Registered address:  Leontovycha Street 7, Kyiv, Ukraine, 01054.

10.4. Non-profit status code: 0038, obtained on 18 September 2023.

10.5. Email: events@diiacityunited.org 

10.6. Phone number: +38 (077) 105 88 22.