User agreement on the general terms of use of the Zamzam mobile payment application

User agreement on the general terms of use of the Zamzam mobile payment application

This user agreement on the general conditions for the use of the Zamzam mobile payment application (hereinafter the “Agreement”) sets forth the conditions for the use of the mobile payment application for Devices and is to be concluded between the Copyright Holder and the User.

  1. TERMS AND DEFINITIONS

1.1. Copyright holder - Limited Liability Company "VASHA SET" (LLC "VASHA SET"), (OGRN 1157746455008, Moscow, Russia, 129090, Botanichesky lane, 5, floor 11, office 2g)

1.2. User - an individual who has installed the Application on the device.

1.3. application - Zamzam mobile payment application, the exclusive right to which belongs to the Copyright Holder by virtue of the fact of creation.

1.4. License - simple (non-exclusive) revocable non-transferable royalty-free license to use the Application.

1.5. Device - a mobile technical device with access to the Internet on which the Application is installed.

1.6. Official site - Website of the Copyright Holder on the Internet www.zam.me.

 

  1. SUBJECT OF THE AGREEMENT

2.1. This Agreement defines the general procedure and relations between the Rightholder, the holder of the exclusive right to Zamzam Mobile Payment Application, and the User using the Application. This Agreement is a public offer in accordance with Art. 437 of the Civil Code of the Russian Federation, addressed to individuals, under the terms of this Agreement.

2.2. The Copyright Holder grants the User the right to use his software under the terms of the License in the framework of work with the Application and its Services, in full accordance with this Agreement.

2.3. The license provides the following rights to use the Application - copying and installation into the Device’s memory, reproduction on the Device, use of the Application for its intended purpose for the purposes specified in this Agreement.

2.4. License validity period - from the date the User starts using the Application and the User accepts the terms of the License until it is deleted from the Device.

2.5. By agreeing to the terms of this Agreement, the User confirms his legal and legal capacity, confirms the accuracy of his personal data and assumes all responsibility for their accuracy, completeness and accuracy. Based on the Federal Law of July 27, 2006 No. 152-ФЗ “On Personal Data”, the Copyright Holder processes the personal data of registered Users in compliance with the principles and rules of processing and protecting personal data. In accordance with the terms of this Agreement, the User confirms his consent to the processing of his personal data provided during registration. The User also confirms his consent to the transfer of his personal data to third parties, including banks, to persons to which the User transfers funds and carries out financial transactions using the Application.

2.6. The Copyright Holder implies the improvement and modification of the Application, the introduction, removal of certain functions and capabilities, in connection with which this Agreement may be amended and / or supplemented by the Copyright Holder unilaterally. Continued use of the Application after making changes and / or additions to this Agreement confirms the User’s consent to such changes and / or additions. In case of disagreement of the User with any of the provisions of these documents, the User is not entitled to use the Application.

2.7. By accepting the terms of this Agreement, the User confirms his consent to receive information about the operation of the Application and its Services, including receiving advertising, information and other messages to an e-mail address or phone number, as well as to receive relevant information in the Application itself.

  1. GENERAL PROVISIONS

3.1. Activation of the Application in accordance with this Agreement (hereinafter referred to as “Registration”) and its further use is a confirmation of agreement with all the terms of this Agreement. User authorization data (access code) is created by the user independently. The access code can be changed by the User at any time and an unlimited number of times. Changing the code is allowed only if the current user code is entered correctly. The Copyright Holder recognizes by the User any person who has passed the Registration in the Application and uses the Application for its intended purpose.

3.2. The application allows Users using a mobile phone to carry out electronic operations to transfer orders to pay for goods / services, to transfer funds to the address of the acquiring bank, as well as to carry out other information and technological interaction with third parties.

3.3. To start using the Application, the User activates it by completing the Registration, namely: indicates his phone number in the Application, comes up with a code to access the Application.

3.4. The User’s authorization data when using the Application and when transferring any execution order is recognized as an analogue of the User’s own signature.

3.5. When authorizing the Application, a code repeatedly entered by the User incorrectly can lead to temporary blocking of the Application.

3.6. The copyright holder has the right to set a limit on the total amount of payments and the maximum allowable amount of each of the payments when the User creates, through the Application, orders to pay for goods / services, to transfer funds.

3.7. When using the Application and transferring orders through the Application, a fee may be charged from the User, the amount of which is brought to the attention of the User in the used Application before the transfer of the relevant execution order. The charge for the transfer of such an order is debited from the User’s account or bank card, from which money is transferred. If there is a lack of funds for the transfer of an order, the execution of such an order may be rejected.

3.8. The user undertakes to properly comply with the terms of this Agreement.

3.9. The user is granted the right to use the Application solely for the purpose of personal non-commercial use. In this case, the User may use the Application exclusively in accordance with the terms of this Agreement.

3.10. The User agrees not to use the Application in violation of the rights and legitimate interests of the Copyright Holder, other copyright holders, third parties, this Agreement and the legislation of the Russian Federation.

3.11. The user undertakes to take appropriate measures to ensure the safety of his mobile device and is personally responsible if third parties access his mobile device. In case of loss of the Device, the User is obliged to immediately inform about the need to block cards and accounts. The User undertakes to carefully and carefully store the data used for identification in the Application, if such data becomes known to third parties, the User undertakes to immediately change the access codes.

3.12. The user is prohibited from independently or with the involvement of third parties to decompile, modify, decode, disassemble, emulate the Application, including its Services, as well as to distribute, bring to the public and provide other access to the Application and Services, reverse engineer the Application or its individual Services.

3.13. The User is responsible for using the Application and its Services by any means not expressly specified in this Agreement.

3.14. The User is not entitled to carry out any unauthorized actions with the Application, including distributing the Application or its individual Services through various Internet resources and portals, hacking the functionality of the Application, using parts of the Application or Services in other mobile applications.

3.15. Any payments for communication services, including those provided by mobile operators or Internet service providers, are paid by the User independently.

3.16. The Copyright Holder has the right to transfer the rights and obligations under this Agreement to third parties in order to implement this Agreement without the additional consent of the User.

3.17. The Copyright Holder has the right to send to the User in any way information about the operation of the Application and its Services, including sending advertising, information and other messages to the email address or phone number specified by the User, or to place the relevant information in the Application itself.

3.18. The copyright holder has the right to provide users with paid and free services. The Copyright Holder informs the User about the conditions for the provision of paid services (including Services) by posting relevant information about the service in the Appendix or on the website (name of the service, its cost, form and payment procedure).

3.19. The Rightholder has the right to block the User’s access to the Application or its individual Services in case of violations by the User of the obligations specified in this Agreement.

3.20. The Copyright Holder reserves the right at any time to terminate this Agreement for organizational or technical reasons unilaterally by deleting the Application from the User’s mobile device or block the possibility of its further use.

  1. ADDITIONAL TERMS

4.1. In order to improve and improve the quality and stability of the Application, the Copyright Holder has the right to collect, store and process statistical information about the use of the Application by the User, record the actions of the User in the Application, process the data independently or with the involvement of third parties.

4.2. The terms of the Agreement apply to any updates / new versions, additions to the Mobile Application, unless a separate license agreement is attached to such an update.

4.3. By agreeing to install the update / new version, addition of the Mobile application, the User accepts the terms of the Agreement for the relevant updates / new versions of the Mobile application, if updating / installing a new version of the Mobile application is not accompanied by another license agreement.

  1. RESPONSIBILITY OF PARTIES

5.1. The User is solely responsible to third parties for their actions related to the use of the Application and its Services, including if such actions will violate the rights and legitimate interests of third parties, as well as for compliance with the law when using the Application and its Services. The copyright holder is not responsible for lost profits, lost revenue, loss of data, financial and (or) other losses, as well as for indirect and (or) unforeseen damage, unless otherwise provided by law.

5.2. In case of violation of the rules for using the Application, the obligations of the User and the prohibitions specified in this Agreement, as well as in case of violation of paragraph 5.3. of this Agreement, the User undertakes to reimburse the Copyright Holder for losses caused by such actions in full in accordance with the current legislation of the Russian Federation.

5.3. The User guarantees that he will not take any actions aimed solely at causing damage to the Copyright Holder, mobile phone operators, copyright holders or other persons.

5.4. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Copyright Holder will make every effort to resolve them through negotiations between them. If disputes are not resolved through negotiations, disputes shall be resolved in the appropriate competent court at the location of the Copyright Holder in the manner established by the current legislation of the Russian Federation, the language of the proceedings is Russian.

  1. FINAL PROVISIONS

6.1. This Agreement shall enter into force for the User from the moment of installation and acceptance of the terms of the user agreement in the Appendix and is valid indefinitely.

6.2. If any of the provisions of this Agreement is invalidated, this does not affect the validity or applicability of the remaining provisions of this Agreement.

6.3. The current version of this Agreement is available on the Website of the Copyright Holder and is available on the Internet at: www.zam.me

6.4. All questions, appeals and complaints related to the use / inability to use the Service, as well as a possible violation of the law and / or the rights of third parties, should be sent through the feedback form to the address: www.zam.me

6.5. Third parties may be involved in the execution of this Agreement. The User confirms that these third parties are granted the same rights as the holder of the rights to the Application, including in relation to the User’s personal data.

6.6. Unless the User has proved the opposite, any actions committed using his mobile device are considered to be committed by the corresponding User. In case of unauthorized access to his mobile device, the User is obliged to immediately notify the Rightholder in the prescribed manner.

6.7. The Copyright Holder does not guarantee that the Application and its individual Services will function in accordance with the expectations of the User. Also, the Copyright Holder is not responsible for the provision of information in the Application in case of the presence on the User’s device of malicious programs (malicious codes, viruses) that can serve as a factor for modifying, changing information provided through the Application.

 

  1. INFORMATION ABOUT THE OWNERSHIP:

Limited Liability Company “YOUR NETWORK”

Legal address:

Moscow, Russia, 129090, Botanical Lane, 5, floor. 11, of. 2g

Physical adress:

Moscow, Russia, 129090, Botanical Lane, 5, floor. 11, of. 2g

PSRN 1157746455008

TIN 7715486286

Gearbox 770201001