1. DEFINITION OF TERMS
1.1. The service customer is the person with whom the Agreement on the provision of services for access to the Perkset mobile application for users of the mobile application has been signed. In the understanding of these Rules and conditions of use of the mobile application (further on the text- Terms and Conditions) the Customer of services and the User of the mobile application are one person.
1.3. Mobile application “Perkset” (hereinafter referred to as ”Mobile Application”) is software designed for use on smartphones, tablets and other mobile devices, created on the basis of the PERKSET application, which contains Promotions and Special Offers. Mobile applications are placed on the Internet platforms of Google Play Market, Apple AppStore, and can also be placed on the internal resources of the Platform’s sub-agents.
1.5. Termination of the provision of Services – termination of the provision of the Contractor’s Services until the causes that led to this termination are eliminated, including in the event of non-fulfillment of obligations by the User.
1.6. Promotion, Special Offer (hereinafter referred to as the Promotion) is a temporary or permanent measure aimed at the sale of Goods and/or Services with a mechanism for confirming availability, which is available in the mobile applications of the Platform.
1.7. Benefit – display of the Promotion in the mobile application, where the procedure for use and confirmation mechanism for the User is indicated, after full or partial payment (if necessary) of the Goods and/or Services of the Mobile application.
The term of the Benefit is the period of time during which the Promotion is valid.
2. GENERAL CONDITIONS
2.1. These Terms and Conditions are part of the Service Agreement concluded between the Contractor and the Customer, under the terms of which the Contractor provides the Customer, and the latter, in turn, provides the user with authentication data in the mobile application.
The Application is a cloud communication program between Users and the WEB-interface of the Program, developed for mobile devices running the IOS and Android operating systems (hereinafter – mobile devices).
2.2. These Terms and Conditions establish the same conditions for all Users.
2.3. The parties guarantee that they have the necessary civil legal capacity, as well as all rights and powers necessary and sufficient to implement the Terms and Conditions in accordance with its terms.
2.4. Installing the Application on the User’s mobile device and using it is acceptance and confirmation of the User’s agreement with these Terms and Conditions.
2.5. By accepting the terms of these Rules and Conditions, the User confirms his consent to the processing of his data by the Contractor, including personal data.
2.6. Before starting the operation of the Mobile application, the User enters his personal data and completes registration, which includes the e-mail address and access password provided to the Contractor to create an account. Also, the user provides additional information about himself, including information about the telephone number, position and place of work.
2.7. These Terms and Conditions may be changed and/or supplemented by the Contractor unilaterally without any special notification. At the same time, continuing to use the Application after making changes and/or additions to these Terms and Conditions means the User agrees to such changes and/or additions.
2.8. Appeals, proposals and claims of Users related to the operation of the Mobile application can be sent to the e-mail address:firstname.lastname@example.org.
2.9. By accepting the terms of these Rules and Terms, the User confirms his right and legal capacity, as well as the authenticity of his personal data and assumes full responsibility for their accuracy and completeness.
2.10. The user assumes all possible risks, including material risks, related to his actions in using the Application. The application is provided for use on an ”as is” basis. The performer is not responsible for errors, failures in the work of Internet providers.
2.11. The Contractor grants the User the right to access and use the Mobile Application based on these Terms and Conditions.
2.12. The term of acceptance of these rules is unlimited.
2.13. The User confirms that he has familiarized himself with all the functional properties and characteristics of the Mobile Application. The User bears the risk that the Mobile Application does not meet his wishes and needs.
3. RIGHTS AND OBLIGATIONS OF THE USER
3.1. The user undertakes to properly comply with these Terms and Conditions.
3.2. The User has the right to use the Application exclusively for the purpose of personal use in accordance with these Terms and Rules.
3.3. The user undertakes not to use the Application in violation of the rights and legitimate interests of other rights holders, third parties.
3.4. The user undertakes to take appropriate measures to ensure the safety of his mobile device and bears personal responsibility in case of access to his mobile device by third parties.
3.5. The user is prohibited from:
– independently or with the involvement of third parties to decompile the Mobile Application or otherwise convert the Mobile Application or part of it into source code, as well as reverse-engineer the Mobile Application;
– copy the Mobile Application or any part of the software product;
– change the Mobile application or any part of it;
– use unauthorized modified versions of the Mobile Application or its parts, as well as not to create and use similar products and/or a competitive software product or gain unauthorized access to the Mobile Application;
– take actions aimed at disrupting the functioning of the Mobile application.
3.6. The User is personally responsible for using the Mobile Application in any way not expressly permitted by these Terms and Conditions.
3.7. The User has no right to perform any unauthorized actions with the Mobile Application, including transferring access to the Mobile Application or providing screenshots of the Application interface to third parties.
3.8. Before installing the Mobile Application on your mobile device, the User must familiarize himself with all the information about the Mobile Application that is posted on the website.
Installation of the Mobile application in a mobile device confirms the User’s fulfillment of the obligation specified in this paragraph. In case of disagreement with the terms and conditions, the use of the Mobile application by the User must be stopped immediately.
3.10. The User gives his consent to the Contractor to process his personal data for the purpose of improving the service, notification of functionality updates, new products, services and statistics collection.
3.11. The User has the right to request additional access identifiers from the Contractor by sending a message to the Contractor using electronic communication channels.
4. RIGHTS AND OBLIGATIONS OF THE PERFORMER
4.1. The Contractor has the right to transfer the rights and obligations under these Terms and Conditions to third parties without the User’s additional consent.
4.2. The Contractor has the right to send the User information about the operation of the Program in any way, including sending advertising, informational and other messages to the e-mail address or phone number specified by the User, or to post relevant information in the Application itself.
4.3. The Contractor has the right to provide the User with information services regarding the terms of the Promotion and provide technical and informational support to the Users.
4.4. The contractor has the right to make changes to the information posted in the Mobile application and user access, in accordance with the latter’s application.
4.5. The Contractor undertakes to provide the User with reports on the use of the Mobile Application in terms of access identifiers to the Mobile Application.
4.6. The Contractor has the right to update the content, make changes to the Mobile Application, change the appearance, change the list of functionalities, at his discretion without prior agreement with the User. The Contractor has the right to notify the User about some updates and modifications by publishing an announcement on the website, in the interface of the Mobile application and by e-mail to the User’s address.
4.7. The Contractor has the right to make technological interruptions in the operation and availability of the Mobile Application, which are considered as normal use of the Mobile Application and are not grounds for recalculating the remuneration paid by the User to the Contractor. Technological interruptions may be carried out, including to update the functionality of the Mobile Application. Technological breaks cannot exceed 48 hours in one calendar month and must be held mainly from 6:00 p.m. to 9:00 a.m. Kyiv time.
4.8. The Contractor has the right to block the User’s access to the Application or its parts in case of violations by the User of these Rules on the conditions.
4.9. The Contractor has the right to process the User’s personal data, taking into account the requirements of these Rules and Conditions. The data is used to improve the service and collect market statistics.
4.10. The Contractor has the right to limit, suspend or terminate the use of the Application and deactivate access identifiers without compensating the User for the damages incurred, including if the Developer has data to believe that the User or its affiliates (intentionally or unintentionally):
– when using the Application, they violate the law, the provisions of these Terms and Rules, or the rights and legitimate interests of third parties;
– use the Application in bad faith, excessively or not in accordance with its purpose;
– damage the Application or its functionality;
– attempt to gain unauthorized access to the Application and the information contained in it;
– create a threat of technical and/or software failure of the Contractor and/or third parties.
– non-compliance with the terms of payment;
– the conditions for transferring data and information necessary for the functioning of the Mobile application are not observed;
– in case of suspicious activity on the part of the User, which may harm the functioning of the Mobile application or data;
– if there is a conflict of interest or harmful actions on the part of the User or third parties.
In case of access restriction, the Contractor is obliged to inform the User’s contact persons about such actions within 3 (three) days from the moment of application of such restriction.
4.11. The executor has the right to limit, suspend or terminate the use of the Application without prior notice in the event of a corresponding decision of the state or other authorized body, or in other cases provided for by the current legislation of Ukraine and International rules/laws.
5. WARRANTIES AND LIABILITY OF THE PARTIES
5.1. Third parties may be involved in the implementation of these Terms and Conditions. The User confirms that the specified third parties are granted the same rights as the owner of the rights to use the Mobile Application, including regarding the use of the User’s personal data.
5.2. The User and/or the Customer guarantee that they will not take any actions aimed solely at harming the Contractor and cellular mobile operators or other persons.
5.3. In case of violation of the rules for using the Mobile Application, the User’s obligations and the prohibitions specified in section 3 of these Rules and Conditions, the User and/or the Customer undertakes to compensate the Contractor for the damages caused by such actions in full.
5.4. The User and/or the Customer bears full personal responsibility for unauthorized third-party access to the Mobile Application installed on the User’s mobile device.
5.5. In case of loss, deletion, damage of the information entered by the User in the Application as a result of the User’s actions/inaction, the User bears all responsibility.
5.6. Recognizing the international nature of the Internet, the User assumes responsibility for compliance with all local rules and laws related to the User’s actions on the network.
5.7. The User of the Mobile Application undertakes not to perform actions that may be considered as a violation of the legislation of Ukraine or the norms of international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Mobile application.
5.8. The Contractor does not make any compensation in favor of the User, and is also not responsible for the losses of the User or third parties, including due to non-compliance with the expectations of the User or third parties, which were caused by the information from the Mobile application.
5.9. The Contractor does not make any compensation in favor of the User, nor is he responsible for the losses of the User or third parties caused by the use or inability to use the Mobile application.
5.10. The contractor is not responsible for the quality and safety of the goods and/or services offered for sale, as well as for the compliance of such goods and/or services with the requirements of the current legislation of Ukraine.
6. PROTECTION OF PERSONAL DATA
6.1 The parties certify and warrant that any personal data about any Individuals in the volume, which have been or will be transferred to another party in connection with or to fulfill these Terms and Conditions, have been obtained and are in use by the parties lawfully in accordance with to the requirements of the current legislation of Ukraine.
6.2. The parties certify and guarantee that they have all the necessary legal grounds for transferring the above-mentioned personal data to another party under the Agreement for their further processing in order to fulfill these Rules and conditions, without any limitation in terms of time and method, including for their use and dissemination, modification, transfer or provision of access to them to third parties in the cases provided for by the current legislation of Ukraine, as well as for the transfer of personal data to another party for processing by third parties and the performance of any other actions in relation to them, if this is related to is related to the implementation of these Terms and Rules and/or the protection of the Party’s rights, or if it is necessary for the implementation of the rights and obligations provided for by law.
6.3. The right of the Parties to transfer the above personal data is not limited by anything and does not violate the rights of the subjects of personal data and other persons. The parties also confirm that they have received notices about the inclusion of personal data subjects in the personal database, as well as notices about their rights as a subject of personal data in accordance with Art. 8 of the Law of Ukraine On the Protection of Personal Data.
6.4. The parties have come to an agreement that the Customer, agreeing to these Terms and Conditions, gives his consent to newsletters and to the use of personal data provided by the Customer for:
– accurate identification of the Person;
– establishment and maintenance of feedback with the Person;
– individualization of services for the Person;
– stimulation of sales of goods;
– providing the Person with information about product updates, special offers, prices, as well as for sending informational news and other materials.
6.5. The customer has the right to refuse mailings by sending a message to the e-mail address email@example.com.
7.3. The Contractor undertakes to make every effort, including the use of data encryption, access restriction technologies and biometric identification of users, the involvement of third parties to ensure data security, to preserve, prevent unauthorized use and access to any information in the Mobile Application.
7.4. The obligations of the parties regarding confidentiality and non-use of information will not extend to publicly available information and such information that cannot constitute a commercial secret in accordance with the current legislation of Ukraine.
7.5. The User acknowledges that even if the Contractor complies with all possible methods of restricting access to data and preserving security, the Contractor is not responsible for the actions of users of the Mobile application who were granted access in accordance with the created access identifiers, which led to a violation of the terms of these Rules.
7.5.1. COLLECTION OF INFORMATION
For registration in the Mobile application, the Contractor has the right to demand from the User the provision of data necessary for the provision of services for the use of the Mobile application.
The Contractor has the right to collect, store, process and distribute the User’s personal data, including his IP address, the type and version of the software, the screens of the Mobile Application that the User viewed, the time spent on a certain screen, interaction with the screen, data from the User’s device camera, location data, data from the User’s contact book, etc.
7.5.2. USE OF INFORMATION
The Contractor has the right to use the User’s personal data for the purpose of:
- registration in the Mobile application and services, which are an integral part of it;
- proper provision of services in the Mobile application;
- processing the User’s requests and operations regarding this Mobile application;
- analysis and study of the User’s needs for improving the functionality and services of the Mobile application;
- prevent, detect and investigate potentially prohibited or illegal activities, including fraud;
- investigation of violations of these Rules or their compliance, as well as protection of the interests and rights of the Company or other persons having a direct or indirect influence in terms of ensuring the functionality of the Mobile Application;
- communication with the User in order to provide him with information regarding the use of the Mobile application, its services and special offers.
7.5.3. DISCLOSURE OF INFORMATION
The Contractor does not disclose the User’s personal data to third parties, unless otherwise provided by the current legislation of Ukraine or these Terms and Conditions.
The Contractor does not transfer the User’s personal data to third parties, except in the following cases:
- The Contractor may transfer the User’s personal data to third parties subject to the latter’s consent;
- if the use, retention or disclosure of such data is necessary to comply with legal, regulatory or government requests.
7.5.4. DATA TRANSFER
The Contractor does not sell, rent or transfer any personal data of the User to third parties.
The Contractor has the right to engage third-party suppliers or persons to provide certain services on behalf of the Contractor, analytical or other services, such third-party suppliers/services may collect, analyze and use information about the User and data regarding the use of the Mobile Application. The Contractor and/or the Contractor’s suppliers may store such information and provide access to this information to third parties as necessary to provide the Contractor’s services to the User.
7.5.5. DATA SECURITY
The contractor does not guarantee absolute data security in case of unauthorized access by third parties.
The Contractor is not responsible for the illegal actions of third parties, hackers, criminals and other offenders of current legislation, who may violate the provisions of these Rules and Terms, trying to collect all or part of the User’s personal data and use them.
7.8. PROTECTION OF CHILDREN
7.9. CHANGES TO TERMS AND CONDITIONS
The Contractor has the right to change the Terms and Conditions at any time, without prior notice to the User. Any changes that the Contractor may make to the Terms and Conditions in the future will be publicly available and in the Mobile Application, which the User will be additionally notified about.
8. FINAL PROVISIONS
8.1. In the event of any disputes or disagreements related to the implementation of these Terms and Conditions, the User and the owner of the mobile application will make every effort to resolve them through negotiations between them. In the event that the disputes are not resolved through negotiations, the disputes shall be resolved in the relevant competent court at the location of the Contractor.
8.2. None of the Parties to the Agreement shall bear responsibility for non-fulfillment or improper fulfillment of obligations under these Terms and Conditions, if proper fulfillment was impossible due to force majeure.
8.3. These Terms and Conditions come into effect for the User from the moment the Mobile Application is installed on the mobile device and are valid indefinitely, during the entire period of use of the Mobile Application by the User.
8.4. These Terms and Conditions are written in Ukrainian.
8.5. If any provision of these Terms and Conditions is held to be invalid, this shall not affect the validity or enforceability of the other provisions.
8.6 The domain name ‘perkset.club’, hereinafter referred to as “the Domain”, and the related mobile application, hereinafter referred to as “the Mobile Application”, are the property of Launch Fabriq LLC, a company duly registered under the laws of Ukraine, with registration number 43628013 and having its registered office at 010011, Kyiv, P. Myrnogo st. 11. office 2/24, hereinafter referred to as “the Company”.
8.6.1. The Company holds all rights, titles, and interests in and to the Domain and the Mobile Application, including, but not limited to, all copyrights, trademarks, and all other intellectual property rights therein. Any use of the Domain and the Mobile Application not expressly permitted by these terms and conditions is a breach of these terms and conditions and may violate copyright, trademark, and other laws.
8.6.2. The Company reserves the right to enforce its intellectual property rights to the fullest extent of the law.
8.6.3. These terms do not grant to any user any license or right to use any trademark, patent, design right, copyright, or any other intellectual property rights of the Company, whether registered or unregistered, except as expressly provided in these terms. Any other use or reproduction of the Domain or the Mobile Application, or any portion thereof, is strictly prohibited without the express written consent of the Company.
9. FORCE MAJEURE
9.1. The parties are released from responsibility for partial or complete non-fulfillment of obligations under these Terms and Conditions, if they occurred as a result of force majeure circumstances, for example, fire, flood, earthquake, hostilities, embargoes on exports and imports, pandemics, if these circumstances are directly influenced the implementation of these Rules. At the same time, the deadline for fulfilling obligations under these Terms and Conditions is postponed according to the time during which such circumstances and their consequences were in effect.
9.2. The Party, which has circumstances that prevent it from fulfilling its obligations, is obliged to notify the other Party of the occurrence and termination of the above-mentioned circumstances within five days. Untimely notification of force majeure circumstances deprives the relevant Party of the right to refer to them in the future.
9.3. A certificate from the competent authority of Ukraine should serve as proof of the existence and duration of force majeure circumstances.