Agreement on participation in «Umico» coalition consumer loyalty program
Approved by the decision №01/C-2019 of the director of «Competo» LLC dated 12 April 2019 subject to changes and additions dated 30.06.2020 No.01/C-2020
1. TERMS AND DEFINITIONS
1.1. Bonus manat – conditional unit which allows to perform counting according to the rules of the Program. Bonus manats are used only for accounting purposes, and cannot serve as a source of income, means of payment, security or be inherited.
1.2. Bonus account of the Client (Bonus account) – technical account used by the Operator to systemize information on accrued and used Bonus manats within the program. Bonus account is not a bank account.
1.3. Agreement - Agreement on participation in «Umico» coalition consumer loyalty program.
1.4. Additional bonus manat - Bonus manat accrued to the Client's bonus account at the Operator’s expense to attract clients to the program.
1.5. Client – an individual (private client) entering the Agreement by accepting this public offer and having right to enter into this type of agreement at the time of conclusion of the Agreement under the rules on legal capacity in accordance with the applicable law.
1.6. Accrual of bonus manats – accrual (increase in the balance) of Bonus manats to the bonus account of the Client under the Program Rules initiated by the Accruing Partner and / or manufacturing partner as an incentive to the Client for purchase of goods / services from the Accruing Partner and / or manufacturing partner or any other action in the interest of the Accruing Partner and / or manufacturing partner.
1.7. Accruing Partner - a company providing financing within the Program implementation for Bonus manats accrued to the Client for performing transactions in the POS of the Accruing Partner within the Program.
Operator – «Competo» LLC.
1.9. Partner of the Loyalty Program (Partner) – Accruing and / or Using Partner.
1.10. Personal Data Policy - the principles of use of Clients’ personal data developed by the Operator; the Personal Data Policy shall be posted on the Website.
1.11. Program Rules (Rules) - the procedure for performing transactions within the Program.
1.12. Loyalty Program (Program) - coalition consumer loyalty program “Umico”, which represents accrual system (accumulation) and utilization (use) of Bonus manats based on special software and hardware of the Operator.
1.13. POS – point of sale (place of sale of goods / services) of the Partner.
1.14. Website – Operator’s website address - www.umico.az.
1.15. Goods - any product, work, service purchased by the Participant from the Partner of the Loyalty Program.
1.16. Unique identifier (UID) - a symbolic or graphical sequence generated by the Program, allowing to keep record of actions performed within the Client’s Action Program by each UID. Plastic card (including a co-branded card of bank) with a barcode (QR code, etc.), mobile application developed by the Operator and available on Google Play and AppStore, other software and hardware facilities can be used as a UID storage device at the Operator’s discretion.
1.17. Use of Bonus manats - provision of goods / services by the Using partner to the Client, through write-off of Bonus manats from the Client’s bonus account under the Program Rules.
1.18. Using partner - a company using Bonus manats previously accumulated by the Client within the Program implementation.
1.19. Promotion is a marketing event carried out within the framework of the Program and being part of it, aimed at creating and increasing customer loyalty to the Program, the Partner (s), as well as increasing the activity of Users in the acquisition of goods (works, services) of the Partner (s), accompanied by accrual Bonus manats.
1.20. Promotion Budget - the maximum amount allocated for the Promotion by the Operator and / or Partner.
1.21. Terms of the Promotion - information posted on the Site and / or in the Application containing information about the operation of the Operator and / or Operator together with the Partner and / or Operator on behalf of the Partner, the list of Products participating in the Promotion, the timing of the promotion, the number of Bonus manats, subject to charge and amount to be paid when making a Purchase within the framework of the Promotion, other information on the procedure and conditions for holding the Promotion.
1.22. Application - an “Umico” application for mobile devices for the iOS and Android operating systems, using which the User has access to a virtual card, scanning Checks, receiving special offers and other functionality of the Program.
1.23. Procedures - a series of applicable (individually or simultaneously) on the basis of procedures established by the Rules within the framework of the Program, in particular:
1.23.1. Cancellation of Bonus Manats - the procedure for writing off bonuses previously credited to the Bonus Account, specified in clauses 5.9 and 5.12 of "Appendix 1 to the agreement on participation in the Umico Coalition Consumer Loyalty Program".
1.23.2. Recovery of Bonus Manats - a procedure related to the restoration of Bonus Manats debited or Canceled in the manner specified in the Rules.
1.23.3. Bonus account blocking is a procedure, as a result of which there is a restriction on the disposal and / or charging of Bonus manats, the Client is deprived of the right (until the reasons for restrictions are removed) to receive and use Bonus manats for further purchases.
1.24. Unlawful actions - unlawful actions of the Client, expressed in abuses of the Rules and / or Terms of the Promotion, contrary to the objectives of the Program, aimed at obtaining unjustified benefits, including, but not limited to:
1.24.1 Abuse of the Rules - Customer’s dishonest actions contrary to the Rules, the objectives of the Program, including, but not limited to, aimed at receiving Bonus manats without actually making a Purchase, making Purchases not for personal consumption, as well as other unfair actions named or not specifically mentioned in the Rules.
1.24.2. Abuse of the Terms of the Promotion - the User’s unscrupulous actions that are contrary to the Terms of the Promotion, related to the provision by the Member of inaccurate information (information) when participating in the Promotion, as well as other unfair actions named or not named directly in the Rules that are contrary to the objectives of the Program.
1.25. Manufacturing partner - a company that supplies products / goods for sale to the market, which within the framework of the Program provides financing of Bonus manats, accrued to the Client for purchases using goods displayed in the UID.
1.26. Receipt - a cash receipt issued by the store on paper, containing a QR code provided for in paragraph 8 of Article 50 of the Tax Code of the Republic of Azerbaijan “On operative tax control”, used by the Operator to confirm that a Customer made a specific Purchase.
2. GENERAL PROVISIONS
2.1. The agreement is a public offer (a proposal to conclude an agreement) which is considered concluded at the time of acceptance of the Operator’s offer by the Client.
2.2. Provision of Program UID to the Client and its activation under the Program rules shall mean the acceptance of this public offer (conclusion of the Agreement).
2.3. The Agreement sets the procedure of interaction between the Operator and the Client within the Program implementation.
2.4. The current version of the Agreement shall be posted on the Website.
2.5. The rules of the Program are an integral part of the Agreement.
2.6. Starting to use the Program / its individual functions, or having completed the registration procedure, the Client is considered to have accepted the terms of the Rules in full, without any reservations or exceptions. In case of disagreement of the Client with any of the provisions of the Agreement, the Client is not entitled to use the Program / its individual functions. If the Operator has made any changes to the Agreement in the prescribed manner with which the Client does not agree, he is obliged to stop using the Program. Continued use by the Client of the Program after the Operator makes any changes or additions to the Agreement is considered acceptance by the Client of all additions and changes.
3. RIGHTS AND OBLIGATIONS OF THE OPERATOR AND CLIENT
3.1. The Operator shall have a right to unilaterally make changes and (or) additions to the Agreement by approving a new edition. In case of changes and (or) additions to the Agreement, the Operator shall notify the Clients no later than 3 (three) calendar days before the effective date of the new edition (notice period) by posting an e-version of the Agreement’s new edition on the Website.
3.2. The Client undertakes to track changes and additions to the Agreement independently. Taking of actions by the Client under the Program after the new version of the Agreement comes into force shall be treated as the Client’s consent with the new version of the Agreement.
3.3. The Client undertakes to comply with the Rules (Annex 1 to the Agreement, which is an integral part of the Agreement).
3.4. The Client undertakes to provide accurate information about himself and keep it up-to-date when using the software or hardware of the Program, as well as when performing any other actions within the Program changing relevant information in a timely and accurate manner. The Client undertakes to indicate phone number belonging to the Client, as well as inform the Operator immediately in case of change of phone number.
If the Customer provides incorrect information or the Operator has reason to believe that the information provided by the Customer is false, the Operator has the right, at its discretion, to block the Customer's Bonus account and refuse to use the Program (or its individual functions) to the Customer.
3.5. The Client undertakes not to abuse the opportunities provided by the Loyalty Program for artificial (according to Operator subjective opinion) increase in Bonus manats / Additional Bonus manats, also the Client undertakes not to receive or activate several UIDs with different mobile phone numbers. The client shall be liable under the applicable law for deliberate misuse of the Program’s opportunities for the purpose of unjust enrichment.
3.6. The operator shall have a right to cancel accrual of Bonus manats without giving prior notice to investigate circumstances. Previously accrued Bonus manats / Additional bonus shall not be used until the end of such investigation.
3.7. In case of breach of the terms of the Agreement by the Client, including clause 3.5 of the Agreement, the Operator shall have a right to withdraw the Client from the Loyalty Program without giving prior notice. In this case, accrued Bonus manats / Additional bonus manats shall be cancelled without compensation in any form.
3.8. The Client shall have a right to voluntarily refuse to participate in the Loyalty Program by sending a written request to the Operator. In this case, calculated Bonus manats / Additional bonus manats shall be cancelled without compensation in any form.
3.9. The Client shall provide the Operator with the right to send messages of informational and advertising character to the addresses (including e-mail) of the Client, in the form of SMS to the Client’s mobile phone numbers, as well as using other means and channels of data transmission.
3.10. The Client shall provide the Operator with the right to collect, store and use his personal data in accordance with the Personal Data Policy.
3.11. The Operator shall have a right to set a period after which the Bonus manats / Additional Bonus manats accrued to the Client are automatically cancelled. Cancellation procedure shall be described in the appropriate section of the Website.
3.12. The Operator shall have a right to suspend the Loyalty Program for any period giving prior notice of 3 (three) calendar days prior to the suspension of the Loyalty Program to Clients via the Website. Bonus manats shall not be accrued to Client, and previously accrued Bonus manats / Additional bonus manats cannot be utilized during the period of suspension of the Loyalty Program.
3 .13. The Operator shall have a right to unilaterally refuse to perform the Agreement (to cancel Loyalty Program) giving prior notice of 3 (three) calendar days before the closure of the Loyalty Program to the Clients via the Website. In this case, all Bonus manats / Additional Bonus manats shall be canceled without compensation in any form.
3.14. The Operator shall have a right to exclude any Partner of the Loyalty Program from participation in the Loyalty Program without giving prior notice to participants.
3.15. The Operator shall have a right to unilaterally transfer rights and obligations under the Agreement to a third party.
3.16. Performing the functions of the Program is possible only if you have access to the Internet. The user independently receives and pays for such access on the terms and at the rates of his telecom operator or Internet access provider.
If the Client’s Bonus Account is blocked, the functionality of the Program may be limited for him, including the further opportunity to accumulate / utilize bonuses and participate in promotions.
4. RESPONSIBILITY OF THE OPERATOR AND CLIENT
4.1. The Operator shall make every effort to ensure full operation of the Loyalty Program, but shall not be liable for the impossibility of accrual and / or use of Bonus manats / Additional Bonus manats calculated within the Loyalty Program caused by software and hardware failures and other similar circumstances.
4.2. The Operator shall not be liable for disputes and disagreements arising between Clients and Partners of the Loyalty Program, if such disputes and disagreements are not caused by violation of obligations by the Operator within the Loyalty Program implementation.
4.3. Operator's responsibility before Client for violation of the Rules of the Loyalty Program is limited in the event of any claim related to the accrual of Bonus manats / Additional bonus manats. If the Client makes a substantiated claim related to the accrual / use of Bonus Manats, the Operator shall adjust balance of Bonus Manats / Additional Bonus Manats in the bonus account of the Client.
4.4. The Operator shall not be liable for Products purchased under the Program. Any disagreements arising between the Client and the Partner shall be settled independently by the parties.
4.5. The client shall be liable for own actions (omissions) under the Loyalty Program in accordance with the current legislation of the Republic of Azerbaijan.
5.1. The Operator shall consider requests of Clients sent to the Operator, and perform all possible (within reasonable endeavours) actions to resolve disputes between Clients and Partners of the Loyalty Program (except for the situations specified in clause 4.4 of the Agreement).
5.2. The Partner shall have a right to refuse to the Client in the acquisition of goods with special (promotional) prices, including usage of discount cards and other loyalty programs of given POS.
5.3. Any disputes between the Operator and the Client (including issues not governed by the Agreement) shall be settled by means of negotiations. In case of failure to reach agreement, the dispute shall be settled by court at the Operator’s location.
6. FORCE MAJEURE
6.1. The operator shall bear no responsibility for partial or complete non-fulfilment of obligations under the Agreement, in case such non-fulfilment is caused by force majeure, namely: war, natural disaster, fire, flood, earthquake, strikes, riots and other social unrest, as well as the actions of the authorities that may affect the fulfilment of obligations under the Agreement.
7. TERM, AMENDMENTS AND EARLY TERMINATION OF THE AGREEMENT
7.1. The Agreement shall enter into force at the moment of its conclusion and be valid until the termination of the Loyalty Program.
7.2. The Agreement is made in three versions in Azerbaijani, Russian and English languages. In case of discrepancy between versions of the Agreement Azerbaijani version prevails.
8. SETTLEMENT OF DISPUTES
8.1. The Operator and the Client shall use their best efforts to resolve all possible disputes and disagreements that may arise under the Agreement or in relation to it through negotiations.
8.2. Disputes that are not settled via negotiation shall be considered by the court at the location of the Operator under the procedure established by the current legislation of the Republic of Azerbaijan.
9. BANK DETAILS OF THE OPERATOR
AZ 1010, Baku, Nasimi district, Neftchilar av.,
Baku, Nasimi district, Nizami str.203, AF Business House, 5-th floor.
+994 12 5998455