# Public offer

Public offer to conclude a contract of sale.

## 1. General provisions

This Public Offer contains the terms for concluding a Contract of Sale (hereinafter the "Contract of Sale" and/or the "Contract"). This offer is recognised as a proposal addressed to one or more specific persons that is sufficiently definite and expresses the intention of the person making the proposal to consider themselves as having concluded a Contract with the addressee who accepts the proposal.

The performance of the actions specified in this Offer is confirmation of the consent of both Parties to conclude the Contract of Sale on the terms, in the manner and to the extent set out in this Offer.

The text of the Public Offer set out below is the Seller's official public proposal, addressed to an interested circle of persons, to conclude a Contract of Sale in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.

The Contract of Sale is deemed concluded and enters into force from the moment the Parties perform the actions provided for in this Offer, signifying the unconditional and full acceptance of all terms of this Offer without any exceptions or restrictions on the terms of accession.

### Terms and definitions

**Contract** — the text of this Offer with the Appendices that are an integral part of this Offer, accepted by the Buyer by performing the implied actions provided for by this Offer.

**Implied actions** — conduct that expresses agreement with the counterparty's proposal to conclude, amend or terminate a contract. The actions consist of the full or partial performance of the conditions proposed by the counterparty.

**The Seller's Website on the Internet** — a set of computer programs and other information contained in an information system, access to which is provided via the Internet by the domain name and network address: `erudit-game.ru`.

**The Seller's Application** — software provided by the Seller for downloading from the Internet, voluntarily downloaded by the Buyer and executed on the Buyer's computing machine (device), providing game or other functions and allowing the Buyer to interact with the Seller through transactions of sale and purchase of in-game valuables. The Application may be distributed in formats including, but not limited to: a web application on the Seller's Website, a mini-application in the VK ecosystem, a mini-application in the Telegram ecosystem, an Android application in the Google Play ecosystem, an Android application in the RuStore ecosystem, an iOS application in the Apple App Store ecosystem, and other distribution formats.

**Parties to the Contract (Parties)** — the Seller and the Buyer.

**Goods** — the goods under a contract of sale may be any items subject to the rules provided for by Article 129 of the Civil Code of the Russian Federation.

## 2. Subject of the Contract

**2.1.** Under this Contract the Seller undertakes to transfer the item (the Goods) into the ownership of the Buyer, and the Buyer undertakes to accept the Goods and pay a certain sum of money for them.

**2.2.** The name, quantity and range of the Goods, their cost, delivery procedure and other conditions are determined on the basis of the Seller's information at the time the Buyer places an order, or are established on the Seller's Website on the Internet or in the Seller's Application.

**2.3.** Acceptance of this Offer is expressed in the performance of implied actions, in particular:

- actions related to registering an account on the Seller's Website on the Internet or in the Seller's Application where registration of an account is necessary;
- by drawing up and filling in an application for placing an order for Goods;
- by communicating the information required to conclude the Contract by telephone or email indicated on the Seller's Website on the Internet or in the Seller's Application, including when the Seller calls back in response to the Buyer's application;
- payment for the Goods by the Buyer.

This list is not exhaustive; there may be other actions that clearly express a person's intention to accept the counterparty's proposal.

## 3. Rights and obligations of the Parties

### 3.1. Rights and obligations of the Seller

**3.1.1.** The Seller has the right to demand payment for the Goods and their delivery in the manner and on the terms provided for by the Contract;

**3.1.2.** To refuse to conclude the Contract on the basis of this Offer with the Buyer in the event of their unfair conduct, in particular in the event of:

- more than 2 (two) returns of Goods of proper quality within a year;
- provision of knowingly inaccurate personal information;
- return of Goods spoiled by the Buyer or Goods that have been used;
- other cases of unfair conduct indicating that the Buyer has concluded the Contract for the purpose of abusing rights, and the absence of the usual economic purpose of the Contract — the acquisition of Goods.

**3.1.3.** The Seller undertakes to transfer to the Buyer Goods of proper quality and in proper packaging;

**3.1.4.** To transfer the Goods free from the rights of third parties;

**3.1.5.** To organise the delivery of the Goods to the Buyer;

**3.1.6.** To provide the Buyer with all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;

### 3.2. Rights and obligations of the Buyer

**3.2.1.** The Buyer has the right to demand the transfer of the Goods in the manner and on the terms provided for by the Contract.

**3.2.2.** To demand the provision of all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer;

**3.2.3.** To refuse the Goods on the grounds provided for by the Contract and the current legislation of the Russian Federation.

**3.2.4.** The Buyer undertakes to provide the Seller with accurate information necessary for the proper performance of the Contract;

**3.2.5.** To accept and pay for the Goods in accordance with the terms of the Contract;

**3.2.6.** The Buyer warrants that all terms of the Contract are clear to them; the Buyer accepts the terms without reservations and in full.

## 4. Price and payment procedure

**4.1.** The cost and the procedure for paying for the Goods are determined on the basis of the Seller's information at the time the Buyer places an order, or are established on the Seller's Website on the Internet as well as in the Seller's Application.

**4.2.** All settlements under the Contract are made by non-cash means.

**4.3.** Settlement procedure. The Goods purchased are the in-game currency "Chip" — a conventional unit of account used exclusively within the Seller's Website or the Seller's Application. "Chips" give the Buyer the opportunity to obtain in-game benefits and additional features, including but not limited to: opting out of advertising display, purchasing hints in the game, and other in-game features. A "Chip" is not an electronic means of payment or funds, is not subject to exchange for funds and cannot be used outside the Seller's Website or the Seller's Application. "Chips" are credited to the Buyer's in-game account at once upon receipt of payment; their further use to obtain in-game benefits is carried out by the Buyer independently within the used Seller's Website or Seller's Application.

**4.4.** Cost of the Goods:

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## 5. Exchange and return of Goods

**5.1.** The Buyer has the right to return (exchange) to the Seller Goods purchased by distance means, except for the list of goods not subject to exchange and return in accordance with the current legislation of the Russian Federation. The conditions, terms and procedure for returning Goods of proper and improper quality are established in accordance with the Civil Code of the Russian Federation, the Law of the Russian Federation of 07.02.1992 No. 2300-1 "On the Protection of Consumer Rights", and the Rules approved by Decree of the Government of the Russian Federation of 31.12.2020 No. 2463.

**5.2.** The Buyer's demand for the exchange or return of Goods is considered individually, provided that the purchased goods have not been used and there are valid reasons (a technical failure, an error in the description of the goods).

## 6. Confidentiality and security

**6.1.** In implementing this Contract, the Parties 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".

**6.2.** The Parties undertake to maintain the confidentiality of information obtained in the course of performing this Contract, and to take all possible measures to protect the obtained information from disclosure.

**6.3.** Confidential information means any information transmitted by the Seller and the Buyer in the course of implementing the Contract and subject to protection; exceptions are indicated below.

**6.4.** Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, schemes, graphs, specifications and other documents provided by the Seller, drawn up both on paper and on electronic media.

## 7. Force majeure

**7.1.** The Parties are released from liability for non-performance or improper performance of obligations under the Contract if proper performance proved impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood to mean: prohibitive actions of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.

**7.2.** In the event of these circumstances, the Party is obliged, within 30 (thirty) business days, to notify the other Party.

**7.3.** A document issued by an authorised state body is sufficient confirmation of the existence and duration of force majeure.

**7.4.** If force-majeure circumstances continue for more than 60 (sixty) business days, then each Party has the right to unilaterally withdraw from this Contract.

## 8. Liability of the Parties

**8.1.** In the event of non-performance and/or improper performance of their obligations under the Contract, the Parties bear liability in accordance with the terms of this Offer.

**8.2.** A Party that has not performed or has improperly performed its obligations under the Contract is obliged to compensate the other Party for the losses caused by such violations.

## 9. Duration of this Offer

**9.1.** The Offer enters into force from the moment of its placement on the Seller's Website and is valid until it is withdrawn by the Seller.

**9.2.** The Seller reserves the right to make changes to the terms of the Offer and/or to withdraw the Offer at any time at their discretion. Information about the change or withdrawal of the Offer is brought to the Buyer's attention, at the Seller's choice, by placement on the Seller's Website on the Internet, in the Buyer's Personal Account, or by sending a corresponding notification to the email or postal address indicated by the Buyer when concluding the Contract or in the course of its performance.

**9.3.** The Contract enters into force from the moment of Acceptance of the terms of this Offer by the Buyer and is valid until the Parties have fully performed their obligations under the Contract.

**9.4.** Changes made by the Seller to the Contract and published on the Seller's Website in the form of an updated Offer are deemed accepted by the Buyer in full upon payment for the Goods.

## 10. Additional conditions

**10.1.** The Contract, its conclusion and performance are governed by the current legislation of the Russian Federation. All matters not settled or not fully settled by this Offer are governed in accordance with the substantive law of the Russian Federation.

**10.2.** In the event of a dispute that may arise between the Parties in the course of performing their obligations under the Contract concluded on the terms of this Offer, the Parties are obliged to settle the dispute amicably before the start of court proceedings.

Court proceedings are carried out in accordance with the legislation of the Russian Federation.

Disputes or disagreements on which the Parties have not reached agreement are subject to resolution in accordance with the legislation of the Russian Federation. The pre-trial dispute-resolution procedure is mandatory.

**10.3.** As the language of the Contract concluded on the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of demands / notifications / clarifications, provision of documents, etc.), the Parties have determined the Russian language.

**10.4.** 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 established manner.

**10.5.** Inaction by one of the Parties in the event of a violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, nor does it mean a waiver of its rights in the event that one of the Parties commits similar or comparable violations in the future.

**10.6.** If the Seller's Website on the Internet or the Seller's Application contains links to other websites and third-party materials, such links are placed solely for informational purposes, and the Seller has no control over the content of such sites or materials. The Seller is not liable for any losses or damage that may arise as a result of using such links.

## 11. Seller's details

Ilya A. Denisov, TIN 290210610742.

Feedback on Telegram: [@Erudit_GameBot](https://telegram.me/Erudit_GameBot).
