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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.

3.17. The client is notified that he cannot participate in promotions of the trading network aimed at receiving bonus manats and / or receiving other encouragement if he is an employee of this trading network. The Operator has the right to take measures to annul the accrued bonus manats and other incentives issued to the Client, to block the client’s bonus account, if the Operator has reason to believe that the reward in the form of bonus manats and other incentives was received through dishonest actions and violations, abuse terms of use of the Program and their official position.

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. MISCELLANEOUS

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

OPERATOR:

“COMPETO” LLC

Legal address:

AZ 1010, Baku, Nasimi district, Neftchilar av.,

Ap. 153.

Actual address:

Baku, Nasimi district, Nizami str.203, AF Business House, 5-th floor.

TIN:

1404106781

Phone number:

+994 12 5998455

Annex 1 to the Agreement on participation in “Umico”coalition consumer loyalty program

Rules of participation in “Umico” coalition consumer loyalty program

1. The Loyalty Program shall take effect on 15 April 2019.

2. The Operator systemizes Loyalty Program related information on the Website.

3. The Client may receive the following types of incentives under the Program providing that certain conditions are met:

3.1. Accrual of Bonus manats at the initiative of the Accruing Partner.

3.2. Accrual of additional bonus manats at the initiative of the Operator. The rules on accrual of Additional bonus manats are determined independently by the Operator (the Operator can also apply section 5 of the Rules). Use of additional bonus manats shall be made in accordance with the section 6 of the Rules.

3.3. Use of Bonus manats by applying premium (increasing) coefficient within the special marketing campaigns conducted by the Operator and Partners.

3.4. Other types of incentives under the current legislation of the Republic of Azerbaijan.

4. The procedure for obtaining and activating UID.

4.1. The Client shall use UID to identify transactions performed within the Program.

4.2. The procedure for obtaining UID storage device shall be determined by the Operator.

4.3. Instructions UID on activation shall be posted on the Website by the Operator.

5. Rules for accruing Bonus manats:

5.1. To accrue Bonus manats for the transaction performed within the Program, the Client shall identify such transaction using UID. Detailed instructions on how to use UIDs shall be posted by the Operator on the appropriate section of the Website.

5.2. The operator accrues Bonus manats for payment for Goods made by the Client in the POS of the Accruing Partner with the use of UID.

5.3. The interest rate used by the Operator for the accrual of Bonus Manats for transactions specified in clause 5.2. The rules are determined independently by the Partner.

5.4. The interest rate used by the Operator for the accrual of Bonus manats can be changed without prior notice to the Client. The actual interest rate used by the Operator to accrue Bonus manats (including for each Partner) shall be indicated in the corresponding section on the Website.

5.5. The time for reflection of the accrued Bonus manats on the Bonus account of the Client depends on the technical features of interaction with each specific Partner and may vary. Information on the order of reflection of Bonus manats on the Bonus account of the Client shall be posted by the Operator on the Website.

5.6. The Operator shall have a right to set limits on the maximum amount of Bonus Manats that can be accrued to the Client, both during a certain period of time and for the entire period of participation in the Loyalty Program. Such limits and procedures for their use are posted in the corresponding section of the Website. The Operator shall have a right to change these limits unilaterally, without giving prior notice to the Client. Current limits shall be posted in the relevant section of the Website.

5.7. In case the amount of accrued Bonus manats reaches the established limit, further accrual of Bonus manats in the current period may be terminated.

5.8. The operator shall have a right to determine the validity period of the accrued Bonus manats. In case of expiration, the accrued Bonus manats shall be nulled without payment of compensation in any form.

5.9. In case the Client refuses the transaction (including return of Goods), performed with the accrual of Bonus manats to the Client, the Operator shall have a right to null such Bonus manats. If the balance in the Bonus account of the Client is not enough to perform cancellation procedure (Bonus manats accrued on the cancelled transaction have already been used (partially used) at the time of cancellation of the transaction), the Partner shall deduct the missing amount of Bonus manats from the refund amount of the cancelled transaction.

5.10. In case the Client refuses the transaction (including return of Goods), performed with the use of Bonus manats, the Operator shall re-accrue such Bonus manats on the Bonus account of the Client.

5.11. During cancellation of the transaction, the Client shall identify such transaction using the UID used during the performance of the original transaction. Detailed instructions on the actions of the Client during the cancellation of the transaction shall be posted by the Operator on the Website. In case of violation of the instructions, the Operator shall have a right not to re-accrue Bonus manats in accordance with the clause 5.10 of the Rules.

5.12. In case the Bonus manats are accrued to the Client as a result of abuse of the opportunities provided under the Loyalty Program (based on Operator’s opinion), the Operator shall have a right to cancel Bonus manats of the Client in full or in part without paying compensation in any form.

5.13. The operator shall have a right to impose restrictions on the accrual of Bonus manats when performing certain type of transactions and in other cases at the discretion of the Operator. Information on restrictions is posted by the Operator on the Website.

5.14. In case the calculated Bonus manats are in odd amount, integral part corresponds to the monetary unit (Azerbaijani manat), and the fractional part - to fractionary currency (Azerbaijani coins).

5.15. The Client can receive information on the amount of Bonus manats through the Client’s personal account on the Website, mobile application, or by contacting the Operator’s Contact Center.

5.16. In case of erroneous accrual / use of Bonus manats, the Operator shall have a right to make corrections independently, without giving prior notice to the Client.

6. Rules for use of Bonus manats.

6.1. Accrued Bonus manats can be used by the Client during payment for Goods in the POS of Using Partners. To use Bonus manats, the Client should identify the transaction using the UID and follow instructions on the use of Bonus manat posted by the Operator on the Website.

6.2. In general, the Client shall have a right to use any amount of Bonus manats accrued to the Bonus Account of the Client. In case technical work features of Using Partner do not allow for use on general basis, a special procedure for use of Bonus manats can be applied to such Using Partners.

6.3. Under general rules, in case of the use of one Bonus manat the Client shall receive Goods by an equivalent amount from Using Partner. As part of special marketing activities (promotions), usage can be done by applying increasing or decreasing coefficient.

6.4. Use of Bonus manats is performed taking into account the remaining period of validity of Bonus manats. Bonus manats with the shortest remaining period of validity are written off on a first-priority basis.

7. Miscellaneous

7.1. Any transactions identified by activated UID are considered performed by the Client that activated the UID. The client shall ensure the safety of UID independently. The Operator shall not be liable for unauthorized actions of third parties having access to the Client's UID.

7.2. Bonus manats, as well as Additional Bonus manats of the Client cannot be transferred to another person, or combined with Bonus manats / Additional Bonus manats of another person, regardless of whether such person is a Client of Loyalty Program or not.

7.3. In case of disagreement of the Client with the number of accrued Bonus manats / Additional Bonus manats, claim shall be sent to the Operator in writing or in another form envisaged by the current legislation of the Republic of Azerbaijan on citizens' appeals.

Appendix 2 to the Agreement on participation in the “Umico” coalitional consumer loyalty program

Rules for participation in the Umico coalition consumer loyalty program using the function of scanning the QR code of checks.

1. The operator provides the Client with the opportunity to use the function of scanning the QR code of receipts and otherwise obtaining information about a completed purchase based on data from the cash receipt. When using the specified functionality, the Client gives his consent to the receipt and use by the Operator through the information service of the information contained in the Client’s cash receipts generated by the cash registers of the organization or individual entrepreneur (seller) at the time the Client made the payments.

2. The Client undertakes to save the Checks and other documentary evidence of Purchases identifying the goods corresponding to the Rules until the Bonus Manats are accrued, agrees to provide them to the Operator upon request, which is sent by notification in the Appendix (or in another accessible way, at the discretion of the Operator), to resolve disputed situations regarding the accrual of Bonus Manats to the Client.

Operator Accrues bonus manats to a Client who has successfully completed the following actions:

2.1. Fulfilled the Terms and Conditions of the Program, made a Purchase with receipt of the Check during the validity period of the Promotion in the distribution network;

2.2. Logged in to the Application;

2.3. Scanned the QR code of the Check no later than within 3 hours from the date of the Purchase.

2.4. Taked a photo oh the Check and uploaded the photo to the Application.

2.5. Had not allow the Abuse of the Terms and Conditions of the Promotion, did not violate the Terms and Conditions of the Promotion, fulfilled other obligations stipulated by the Rules.

2.6. Operator Accrues bonus manats after a positive result of checking the fact of issuing the Check, lack of return of goods / s on the Check, compliance of the Check with the Terms and Conditions of the Program, no signs of abuse of the Terms and Conditions of the Program, no restrictions.

The methods of this verification are determined by the Operator at its discretion and based on the data at its disposal.

3. The Operator has the right not to Accrue Bonus Manats and Cancel Bonus Manats on the Bonus Account for the following Checks:

3.1. on which the return of the Goods was made;

3.2. on which the payment was canceled;

3.3. for which there is no fact of the purchase by the Client;

3.4. scanned by a Client who is abusing his official position, including, but not limited to, being a cashier, employee of a trading company, retail outlet, retail outlet or other person having access to Checks;

3.5. the list is not exhaustive and applies also to any Checks for which there are suspicions of Abuse of the Terms and Conditions of the Shares, violation of the Rules, the objectives of the Program.

4. Making Purchases and scanning Checks for participation in the Program or the Promotion in accordance with clause 3 of Appendix 2 to the Rules is considered by the Operator as Unlawful Actions.

5. The accrual of bonus manats for one Check can be done only once. In case of providing the Operator with several Users an image of a QR code of the same Check, Bonus manats are credited to the Client who made such a provision first in time.

6. If according to the information indicated in the Check it is impossible to clearly confirm that the Goods indicated in it comply with the Program Terms, the Operator has the right to refuse to accrue bonus manats.

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