PUBLIC OFFER

This public offer (hereinafter referred to as the "Offer") constitutes a proposal by the institution "Belarusian State Order of the Red Banner of Labour Philharmonic" (hereinafter referred to as the "Seller"), represented by General Director Sergey Aleksandrovich Pukita, acting on the basis of the Charter, to any person purchasing entrance tickets via the website https://philharmonic.by for cultural and entertainment events held by the Belarusian State Philharmonic, such person hereinafter referred to as the "Buyer", to enter into a contract under the terms of this Offer.

1. TERMS AND DEFINITIONS.

1.1. For the purposes of this Offer, the following terms and definitions are used:

Ticket – an electronic ticket available in the personal account on the order page after payment is made, which, when printed, grants the right to attend the corresponding cultural and entertainment event.

Booking – an automated technical process of pre-ordering selected tickets on the Website using the Partner Website.

Website – the Seller's official website on the global computer network Internet - https://philharmonic.by.

Partner Website – the website https://tce.by, through which the Buyer can book and purchase tickets for cultural and entertainment events held by the Belarusian State Philharmonic.

Automated Means – software, scripts, macros, including those using artificial intelligence technologies, allowing actions to be performed on the Website without direct human participation.

Buyer’s Rating – an automatically generated scoring system that takes into account order history, payment timeliness, cancellation, returns, and other objective criteria determined by the Seller.

Unfair Behavior – actions of the Buyer aimed at obtaining unjustified advantages, violating the principles of good faith and the legitimate interests of the Seller, the list of which is established in Chapter 5 of this Offer.

Verification – the procedure for confirming the Buyer's identity using the Interbank Identification System (IIS).

Dynamic Limits – individual restrictions on the number of orders, tickets per order, and booking periods, established depending on the Buyer's Rating and other factors.

2. PROCEDURE FOR CONCLUDING THE CONTRACT.

2.1. The subject of the contract is the booking and purchase of tickets for cultural and entertainment events held by the Belarusian State Philharmonic, distributed via the Website using the Partner Website. In this Offer and the concluded contract, the Seller and the Buyer are each referred to as a "Party", and together as the "Parties".

The procedure for booking, returning tickets, and the form of the ticket refund application are defined in the Rules for Visiting the Belarusian State Philharmonic, which are an integral part of the contract and are posted on the Website.

2.2. The contract is a contract of adhesion and is concluded by the Buyer adhering to the terms proposed by the Seller, as set out in the Offer as a whole, without reservations or additions.

The fact of acceptance by the Buyer of the terms of the Offer is the registration of the Buyer as a user on the Partner Website.

2.3. The contract, subject to compliance with the acceptance procedure, is considered concluded in a simple written form.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES.

3.1. The Seller is obliged to:

3.1.1. provide reliable information about the cultural and entertainment event being held on the Website;

3.1.2. in case of cancellation of the cultural and entertainment event, refusal to hold the cultural and entertainment event, change of the announced time (dates) and/or venue of the cultural and entertainment event, its replacement with another cultural and entertainment event, or change of the participant lineup, inform about this by posting relevant information on the Website of the Belarusian State Philharmonic;

3.1.3. ensure the return of tickets at the initiative of the Buyer, in case of a change in the announced time (date) and/or venue of the cultural and entertainment event, replacement of the cultural and entertainment event with another, change in the participant lineup of the cultural and entertainment event, refusal to hold the cultural and entertainment event, or cancellation of the cultural and entertainment event, as prescribed by the Rules for Visiting the Belarusian State Philharmonic;

3.1.4. not allow the provision and/or dissemination of information obtained during the execution of the contract without the Buyer's consent or other legal basis provided for by legislative acts;

3.1.5. in case of termination of registration as a user on the Partner Website, delete the Buyer's personal data processed by the Seller during the execution of the contract.

3.2. The Seller has the right to:

3.2.1. make changes to the contract by publishing and bringing them to the public's attention on the Website;

3.2.3. require the Buyer to comply with and fulfill this contract and the Rules for Visiting the Belarusian State Philharmonic;

3.2.4. temporarily suspend the sale of tickets through the Website, notifying the Buyer by posting information on the Website;

3.2.5. at any time limit the number of tickets purchased through the Website and booking periods that exceed the permitted amount;

3.2.6. suspend the Buyer's registration for systematic non-payment of booked tickets;

3.2.7. apply liability measures to the Buyer in case of detecting unfair behavior in accordance with the procedure established in Chapter 6 of this Offer.

3.3. The Buyer is obliged to:

3.3.1. comply with the terms of the contract and the Rules for Visiting the Belarusian State Philharmonic;

3.3.2. review the contract and the Rules for Visiting the Belarusian State Philharmonic before registration;

3.3.3. provide accurate and truthful information about themselves when filling out the registration form on the Partner Website, and keep it up to date;

3.3.4. keep the access details (password and login) to the Partner Website in such a way that they do not fall into the hands of third parties, except when the Buyer authorizes third parties to represent his interests;

3.3.5. independently and at his own expense print the ticket, which must be presented when entering the cultural and entertainment event.

3.4. The Buyer has the right to:

3.4.1. receive complete and reliable information about the cultural and entertainment event being held;

4.4.2. place an order for a ticket in the manner provided for by this contract and the procedure established by the Partner Website;

3.4.3. choose the ticket payment method from those offered by the Seller. In this case, the Buyer is obliged to independently familiarize himself with the rules for using a particular payment method;

3.4.4. return the ticket on their own initiative, in case of a change in the announced time (date) and/or venue of the cultural and entertainment event, replacement of the cultural and entertainment event with another, change in the participant lineup of the cultural and entertainment event, refusal to hold the cultural and entertainment event, or cancellation of the cultural and entertainment event, in the manner prescribed by the Rules for Visiting the Belarusian State Philharmonic;

3.4.5. terminate registration as a user on the Partner Website.

4. LIABILITY OF THE PARTIES.

4.1. For non-performance or improper performance of obligations under the contract, the Parties are liable in accordance with the contract and the legislation of the Republic of Belarus.

4.2. The Seller is not liable for the operability and/or security of the information channels used by the Buyer to access the Website and/or Partner Website, nor for the accuracy of the information provided by the Buyer when filling out the registration form on the Partner Website.

4.3. The Seller undertakes to ensure the confidentiality and security of the Buyer's personal data that becomes known during the execution of obligations under the contract.

4.4. The Parties are released from liability for partial or complete non-fulfillment of obligations under the contract if such non-fulfillment is caused by force majeure circumstances (flood, fire, earthquake, and other natural disasters, as well as war, military actions, martial law, mass disorders, acts of terrirism, epidemics, acts and/or actions of state bodies and governing bodies that have resulted in the impossibility of fulfilling the contract, and any other circumstances beyond the reasonable control and foresight of the Parties), resulting in the limitation (exclusion) of the Parties' ability to fulfill their obligations under this contract.

5. VIOLATIONS (UNFAIR BEHAVIOR).

5.1. Unfair behavior entailing the application of liability measures in accordance with Chapter 6 includes:

5.1.1. the use of Automated Means when using with the Website and the Partner Website;

5.1.2. creating artificial scarcity through mass booking without the intention to purchase;

5.1.3. resale of tickets to third parties for commercial purposes (speculation);

5.1.4. registration of two or more accounts by one individual to circumvent restrictions (multi-accounting);

5.1.5. systematic non-payment of booked tickets;

5.1.6. providing false data on purpose during registration;

5.1.7. transferring tickets to a third party in violation of the procedure established by the Seller (independent transfer or other transfer bypassing official return channels);

6. LIABILITY MEASURES.

6.1. Upon detecting facts of unfair behavior specified in Chapter 5, the Seller has the right to apply the following measures:

• warning;
• restriction of functionality (reduction of limits);
• suspension of booking for up to 14 days;
• cancellation of current unpaid orders without prior notice;
• account blocking for up to 6 months or permanently;
• merging of accounts (if multi-accounting is detected);
• other restrictions necessary to stop violations and ensure compliance with the terms of the Offer.

6.2. The measures specified in clause 6.1. are applied without prior notice to the Buyer, unless otherwise expressly provided for by the Offer.

6.3. Peculiarities of applying measures:

6.3.1. Upon detecting the use of Automated Means or multi-accounting (clauses 5.1.1, 5.1.4.), the Seller has the right to cancel current unpaid orders without prior notice;

6.3.2. Upon detecting ticket resale (clause 5.1.3.), the Seller has the right to apply any measures from clause 6.1., including permanent account blocking;

6.3.3. In case of violation of the ticket transfer procedure, the Seller has the right to apply measures in accordance with clause 6.1.

7. TECHNICAL MEANS AND EVIDENCE.

7.1. The Partner Website applies preventive measures to minimize the possibility of automation of actions by unfair users.

7.2. The measures specified in clause 7.1. include blocking requests from certain IP addresses upon detection of suspicious behavior, including excessively frequent requests. The analysis mechanisms, algorithms for detecting suspicious activity, and blocking criteria are trade secrets and are not disclosed. The Seller does not provide the buyer with explanations regarding the reasons for blocking a specific IP address or the decision-making mechanisms for applying such a block.

7.3. The Seller has the right to record facts of the Buyer placing advertisements for the sale of tickets on third-party resources, as well as other evidence of the paid transfer of tickets to third parties, to use as grounds for applying liability in accordance with Chapter 6.

8. RATING SYSTEM AND DYNAMIC LIMITS.

8.1. The Partner Website adopts a Rating System, generated automatically based on the analysis of interaction history.

8.2. The rating decreases in case of non-payment within the established period, refusals to purchase, ticket returns, detection of facts of unfair behavior provided in Chapter 5.

8.3. The rating affects the number of simultaneously active unpaid orders.

8.4. The Seller has the right to set Dynamic Limits: the number of tickets per order, booking period, prohibition on booking specific events.

8.5. The procedure for forming the rating is a trade secret. The Buyer can view their current rating in their Personal user account on the Partner Website.

9. MANDATORY VERIFICATION.

9.1. The Seller has the right to establish mandatory Verification for access to booking tickets for events.

9.2. Until Verification is passed, access to booking may be restricted. Passing Verification is a condition for the provision of the service, not an independent service.

9.3. The processing of personal data is carried out with the Buyer's consent in accordance with the Personal Data Processing Policy.

10. RESALE AND TRANSFER OF TICKETS.

10.1. The Buyer is not entitled to purchase tickets for the purpose of resale for commercial purposes.

10.2. Transfer of a ticket to a third party is allowed exclusively in the order established by the Seller (through official return and resale channels). Independent transfer of a ticket to a third party, leading to a discrepancy between the ticket holder's data and the buyer's data, is a violation of the Offer and entails the application of liability measures in accordance with Chapter 6.

11. MULTI-ACCOUNTING.

11.1. Registration of two or more accounts by one individual without written consent from the Seller is prohibited.

11.2. If multi-accounting is detected, the Seller has the right to apply liability measures in accordance with Chapter 6.

12. APPEAL PROCEDURE.

12.1. The Buyer has the right to appeal the applied measures by sending a reasoned claim to the Seller no later than 10 days.

12.2. The claim is reviewed within 14 (fourteen) calendar days. During the review period, restrictions may remain.

12.3. The decision is final, except cases of violation of consumer rights established by law.

13. EXCLUSION OF LIABILITY.

13.1. The Seller is not liable for the impossibility of purchasing tickets caused by the application of Dynamic Limits, Verification requirements, or other applied restrictions to the account in accordance with this contract.

14. FINAL PROVISIONS.

14.1. This contract comes into force from the date of its posting on the Website.

14.2. This contract is considered concluded from the moment of registration as a user on the Partner Website and is valid until the Parties fully fulfill their obligations.

14.3. Disputes arising during the execution of the contract are resolved with compliance with the claim procedure. The claim review period is 14 (fourteen) calendar days.

14.4. If it is impossible to reach an agreement, the disputes arising shall be subject to review in court in accordance with the legislation of the Republic of Belarus.