Public Offer

General Provisions

This Public Offer contains the terms for concluding a Contract for the provision of services (hereinafter referred to as the «Contract»). This offer is a proposal addressed to one or more specific persons, which is sufficiently definite and expresses the intention of the person making the proposal to consider themselves to have concluded the Contract with the addressee who will accept the proposal. The performance of the actions specified in this Offer constitutes confirmation of the consent of both Parties to conclude the Contract for the provision of services on the terms, in the manner and to the extent set out in this Offer. The text of this Public Offer is an official public offer of the Contractor addressed to interested persons to conclude a Contract for the provision of services in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation. The Contract is deemed concluded and enters into force from the moment the Parties perform the actions provided for in this Offer, meaning unconditional and full acceptance of all terms of this Offer without any exceptions or limitations on a join-in basis.

Terms and Definitions

• Contract — the text of this Offer together with Appendices forming an integral part hereof, accepted by the Customer by performing the conclusive actions provided for in this Offer.
• Conclusive actions — conduct that expresses consent to the counterparty's offer to conclude, amend or terminate a contract. Such actions consist in full or partial performance of the conditions proposed by the counterparty.
• Contractor's Site on the Internet — the set of computer programs and other information contained in an information system, access to which is provided via the Internet at the domain name and network address: https://tomilo-lib.ru
• Parties to the Contract (Parties) — the Contractor and the Customer.
• Service — a premium subscription and other paid digital site features provided by the Contractor to the Customer under the terms of this Offer. Premium is a digital site service: ad removal, profile customization, badges and username colours under the programme conditions, and shop discounts when displayed at purchase. Premium is not payment for individual chapters or works.
• Tomilo coins are internal virtual points of the service. They are not money, electronic or digital currency, or cryptocurrency, and cannot be withdrawn, exchanged for rubles, or transferred outside the service. Coins are not used to pay for individual chapters or works and do not unlock reading access.

Subject of the Contract

The Contractor undertakes to provide the Customer with the Services, and the Customer undertakes to pay for them in the amount, manner and within the time limits established by this Contract. The name, quantity, procedure and other conditions for the provision of the Services are determined on the basis of the information provided by the Contractor when the Customer places an order, or are set out on the Contractor's Site on the Internet at https://tomilo-lib.ru. The Contractor provides the Services under this Contract personally or with the involvement of third parties; the Contractor shall be liable to the Customer for the actions of such third parties as for its own.

Conclusion of the Contract

The Contract is concluded by acceptance of this Offer through conclusive actions, including: actions related to registration of an account on the Contractor's Site on the Internet where registration is required; the Customer placing and sending an order to the Contractor for the provision of the Services; actions related to the Customer's payment for the Services; actions related to the Contractor's provision of the Services. This list is not exhaustive; other actions that clearly express the intention to accept the counterparty's offer may also constitute acceptance.

Rights and Obligations of the Contractor

• The Contractor undertakes to provide the Services in accordance with this Contract, within the time limits and to the extent specified in this Contract and/or on the Contractor's Site.
• The Contractor undertakes to provide the Customer with access to those sections of the Site necessary for obtaining information in accordance with the subject of the Contract.
• The Contractor is responsible for the storage and processing of the Customer's personal data, ensures the confidentiality of such data and uses it solely for the proper provision of the Services to the Customer.
• The Contractor reserves the right to change the terms (period) of provision of the Services and the terms of this Offer unilaterally without prior notice to the Customer by publishing such changes on the Contractor's Site on the Internet. Such new or amended terms published on the Site shall apply only to Contracts concluded thereafter.

Rights and Obligations of the Customer

• The Customer must provide accurate information about themselves when receiving the relevant Services.
• The Customer undertakes not to reproduce, repeat, copy, sell or otherwise use for any purpose the information and materials that have become available to them in connection with the provision of the Services, except for personal use by the Customer themselves without providing access in any form to any third parties.
• The Customer undertakes to accept the Services provided by the Contractor.
• The Customer may refuse the Service and request a refund in accordance with the section «Cancellation of the Service and Refunds» of this Offer, as well as in other cases provided for by the legislation of the Russian Federation.
• The Customer guarantees that all terms of the Contract are clear to them; the Customer accepts the terms without reservation and in full.

Price and Payment

The price and term of the premium subscription are shown at https://tomilo-lib.ru/premium before payment. The prices of fixed activity-coin packs and the 24-hour site ad-pause service are shown at https://tomilo-lib.ru/tomilo-shop before payment. Each order is paid once: automatic renewal and repeat bank card charges are not used. To extend access or buy another coin pack, the Customer initiates a new payment; the purchased premium term is then added to an active subscription. Payments are made through the payment service shown on the checkout page. The Contractor applies the Russian professional income tax regime and issues a receipt in accordance with Russian law. Transaction and payment confirmation details are available in the Customer's profile.

Confidentiality and Security

In the performance of this Contract, the Parties shall ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ of 27.07.2006 «On Personal Data» and Federal Law No. 149-FZ of 27.07.2006 «On Information, Information Technologies and the Protection of Information». The Parties undertake to keep confidential any information received in the course of performance of this Contract and to take all possible measures to prevent disclosure of such information. Confidential information means any information transmitted by the Contractor and the Customer in the course of performance of the Contract and subject to protection; exceptions may be set out in the Appendices to the Offer. Such information may be contained in documents, letters, reports and other materials provided to the Contractor, in paper or electronic form.

Force Majeure

The Parties shall be released from liability for non-performance or improper performance of their obligations under the Contract if proper performance was impossible due to force majeure, i.e. extraordinary and unavoidable circumstances under the given conditions, including: prohibitive actions by the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters. If such circumstances occur, the Party concerned must notify the other Party within 30 (thirty) business days. A document issued by an authorised state body shall be sufficient proof of the existence and duration of force majeure. If force majeure continues for more than 60 (sixty) business days, either Party may unilaterally withdraw from this Contract.

Liability of the Parties

• In the event of non-performance and/or improper performance of their obligations under the Contract, the Parties shall be liable in accordance with the terms of this Offer.
• The Contractor shall not be liable for non-performance and/or improper performance of its obligations under the Contract if such non-performance and/or improper performance was due to the fault of the Customer.
• A Party that has not performed or has improperly performed its obligations under the Contract shall compensate the other Party for the losses caused by such breach.

Term of this Offer

• The Offer enters into force from the moment it is published on the Contractor's Site and remains in effect until it is withdrawn by the Contractor.
• The Contractor reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. Notice of any amendment or withdrawal of the Offer shall be communicated to the Customer at the Contractor's choice by posting on the Contractor's Site on the Internet, in the Customer's Personal Account, or by sending the relevant notice to the email or postal address specified by the Customer when concluding the Contract or in the course of its performance.
• The Contract enters into force from the moment the Customer accepts the terms of the Offer and remains in effect until the Parties have fully performed their obligations under the Contract.
• Amendments made by the Contractor to the Contract and published on the Site in the form of an updated Offer shall be deemed accepted by the Customer in full.

Additional Terms

• This Contract, its conclusion and performance are governed by the applicable legislation of the Russian Federation. All matters not covered by this Offer or not fully covered shall be governed by the substantive law of the Russian Federation.
• In the event of a dispute that may arise between the Parties in the course of performance of their obligations under the Contract concluded on the terms of this Offer, the Parties must settle the dispute by peaceful means before the commencement of court proceedings. Court proceedings shall be conducted in accordance with the legislation of the Russian Federation. Pre-trial dispute resolution is mandatory.
• The Parties have determined the Russian language as the language of the Contract concluded on the terms of this Offer and the language used in any interaction between the Parties (including correspondence, submission of claims/notices/explanations, provision of documents, etc.). All documents to be provided in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian certified in the prescribed manner.
• Failure of one of the Parties to act in the event of a breach of the terms of this Offer shall not deprive the interested Party of the right to protect its interests at a later date, nor shall it constitute a waiver of its rights in the event of similar or like breaches by one of the Parties in the future.
• If the Contractor's Site on the Internet contains links to other websites and materials of third parties, such links are placed solely for information purposes, and the Contractor has no control over the content of such sites or materials. The Contractor shall not be liable for any loss or damage that may result from the use of such links.

Contractor's Details

• Contractor: Individual Entrepreneur Maksim Yuryevich Lugovskoy
• Status: individual entrepreneur
• INN: 553101511919
• City: Moscow
• Contact phone: +7 952 702-92-60
• Contact e-mail: support@tomilo-lib.ru
• Additional e-mail: lugovskou.myu@ya.ru