The present Agreement sets up the following terms agreed between the owner of the InLoya internet resource and mobile application (platform) individually referred to as "Administration" on the one side and users of platform and services, individually referred to as "User” on the other side, hereinafter collectively referred to as the “Parties”.
1.1. 1. Definitions listed below will have the following meanings for purposes of this Agreement but not be limited to them: Platform - is an information management system, containing internet resource, applications and other services to the internet resource based on various operating systems, mobile applications, software, as well as a database of information placed by Administration and User on the inloya.com web address. Administration – is a Frazex Limited Liability Company, the owner of the platform, being entitled to run it, registered and operating in accordance with the Legislation of the Republic of Azerbaijan. User – is an individual, i.e. any legally capable person who has attained the age of 18 or has been emancipated, or legal entity registered and operating in accordance with the Legislation, who has accepted the terms of the agreement and uses the services of the platform. Seller - is any individual or legal entity which forwards data about their goods and services as well as information on loyalty program and campaigns to Users via use of the Platform's services in order to stimulate their sales and turnover using the capabilities of the Platform. Account and personal information of User – is any information, including personal data voluntarily provided by User during the registration process or use of the services of the platform, the data automatically transmitted to the Administration during the process of using the Platform, including IP address, cookie information, information about User’s browser and other information about User. Inloya app. – is the software downloaded to the mobile devices of the User and allowing them to trace the products and services, loyalty program and campaign being carried out and activity of the selected Seller. InLoya Vendor - is a software allowing the Seller to scan the QR-codes on loyalty card, vouchers, coupons and discount cards; Loyalty program – is the functionality of increasing the Customer's loyalty to the goods and services of User: discount to the loyalty program, discount-savings, bonus, cash back, coalition, subscription programs and etc. Campaign – is an action carried out by the User to increase sales turnover. Coupon – is the functionality of a section of the platform's campaign based on the principle of rewarding customers for fixed services. Voucher – is the functionality of a section of the platform's campaign based on the principle of rewarding customers for recurring operations. Discount – is the functionality of a section of the platform's campaign based on the principle of rewarding for specific purchases. Spam – is a mass, unauthorized and / or unwanted advertising, information, promotions, or different mails and other sendings.
2. Subject of the Agreement
2.1. User obtains free-of-charge use of the services of the platform upon the registration on the Platform or upon the downloading the inloya app. on their mobile device. The Administration may make modifications at the functionality of the platform at any time without notifying the User.
2.2. Without participating in trade relations between User and Sellers the Administration provides services in order for User to obtain the information about seller's goods and services, the loyalty program and campaigns through the platform.
2.3. This Agreement is a public offering and User understands and agrees that the Agreement is deemed to be concluded and comes into legal force directly upon its acceptance.
2.4. The platform is of a non-commercial nature for Users and they cannot use the Platform for their own commercial purposes without consent of the Administration.
3. Registration on the Platform
3.1. User accrues a right to use the services of the Platform upon the registration on the Platform or upon the downloading the inloya app. on their mobile device.
3.2. User's account and personal information are displayed during the registration process. User may change their account and personal information.
3.3. User shall keep the account and personal information confidential and shall not disclose it to third parties. In accordance with the legislation User may not give his / her account and personal information directly or indirectly to third parties for access to the platform, except the persons who accrued the right to represent the interests of and act on behalf of User.
3.4. Any actions performed by using User’s account and personal information are considered to be carried out by User himself or his designee, and User is personally liable for breach of this Agreement and the legislation as a consequence of those actions.
3.5. In case of any doubts occurring about the disclosure or the acquisition by third parties of the personal information of User, User shall immediately change their account and personal information by themself or at the request of the Administration.
3.6. Administration does not guarantee that Users are those particular individuals or legal entities which are indicated in the registration information, and they have shown their true identity. The Administration is not liable for the accuracy of the information indicated by Users. Users are personally liable for the accuracy of such information, for violation of other persons’ rights, for the violation of the Legislation of the Republic of Azerbaijan and the provisions of international treaties to which it is a party.
3.7. Administration reserves the right to use special means of verifying the data provided by the User during the registration and to block access to the User's Personal Account.
3.8. Administration guarantees that the account and personal information provided by User during the registration will not be transferred to third parties, unless otherwise provided by law.
3.9. Transfer and dissemination of information (User’s name, surname, patronymic, name, address, email address of a legal entity, social network information, contact information and etc.) by User to a selected from the Platform Seller and among them is not deemed to be an illegal transfer of information to third parties. The Administration is not liable for the dissemination, abuse of provided by the User information and violation of the User's rights through the use of such information by the Sellers.
4. Use of the Platform and services
4.1. The user may choose the seller or sellers being attractive to him/her from the list of sellers registered at the Platform. When selecting a seller on the platform, the User is logging the selected seller to the customer’s base.
4.2. The Administration can collect some of User’s information required at the Platform is automatically being presented to the selected Seller.
4.2.1. Types of Data collected
Among the types of Personal Data that collects, by itself or through third parties, there are: Usage Data; first name; last name; phone number; email address; date of birth; gender. Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Platform. Unless specified otherwise, all Data requested by this Platform is mandatory and failure to provide this Data may make it impossible for this Platform to provide its services. In cases where this Platform specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Administration.
4.2.2. Methods of processing.
The Administration takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Administration, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Platform (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Administration. The updated list of these parties may be requested from the Administration at any time.
4.2.3. The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Analytics, Contacting the User, Tag Management, User database management, Access to third-party accounts, Interaction with external social networks and platforms, Registration and authentication, Content commenting, Remarketing and behavioral targeting, Advertising, Interaction with live chat platforms, Managing data collection and online surveys and Content performance and features testing (A/B testing).
4.2.4. The right to request the deletion of the User’s personal information
The User has the right to request that we delete any of personal information, subject to exceptions set forth by the law (such as, including but not limited to, where the information is used to identify and repair errors on this Application, to detect security incidents and protect against fraudulent or illegal activities, to exercise certain rights etc.).
If no legal exception applies, as a result of exercising Users right, the Administration will delete personal information and direct any of our service providers to do so.
4.2.5. How to exercise rights
To exercise the rights described above, the User needs to submit verifiable request to us by contacting the Administration via the details provided in this document.
For the Administration to respond to the User request, it’s necessary that the Administrator knows who User is. Therefore, the User can only exercise the above rights by making a verifiable request which must:
provide sufficient information that allows the Administration to reasonably verify the User is the person about whom the Administration collected personal information or an authorized representative;
describe request with sufficient detail that allows Administration to properly understand, evaluate, and respond to it.
The Administration will not respond to any request if the Administration is unable to verify User identity and therefore confirm the personal information in our possession actually relates to you.
4.3. The user can get acquainted with the selected seller's goods and services, loyalty program and applied campaigns, as well as if they are active on the platform.
4.4. Information on Seller's goods and services, loyalty program , campaigns will be delivered to the User via sender name through the following automated communication channels:
4.4.3 Forwarding via Social Network;
4.4.4 SMS text-messages with abbreviation of the sender’s name.
4.5. The Administration provides the User with the Inloya vendor service for the effective use of the loyalty program and the campaigns implemented by the Sellers.
4.6 The Administration creates favorable environment and capabilities for use of the platform daily and throughout the day by the User, except the accomplishment of preventive measures.
4.7 The User shall not advertise internet resources or platforms providing the same or similar services while using the services of the platform and shall not refer to them in information, comments, records and explanations that he/she shares.
4.8 The User shall not take any action that may lead to high congestion of the platform's infrastructure, shall not transfer, reproduce, modify, disseminate or disclose information to the public without prior written permission from the Administration, shall not hinder the work of the platform in order to hinder or to limit the access to the Platform, as well as not to make actions hindering the movement of automatic systems or processes.
4.9 The User undertakes that the information, comments, records and explanations they present to the Sellers over the platform, should not contain the following:
- incorrectness, inaccuracy or deception;
- creating opportunities for fraud, deception or abuse of trust;
- theft or the conclusion of transactions with counterfeit goods;
- infringement of the property of a third party or confine of his/her trade secret or the right of private life;
- to keep information that offends someone's honor, dignity or business reputation;
- information and statements of slanderous or threatening nature;
- to make a calls for committing a crime, as well as inciting ethnic hatred;
- to make a calls or support terrorist and extremist activities;
- to disseminate information or materials of immoral or pornographic character;
- to store computer viruses, as well as other computer programs, in particular aimed for damages, unauthorized interference, capture or disclosure of any system information or system itself, or part thereof, or personal information or other information (including service information);
- information infringing the rights of consumers, limiting market and competition;
- to violate the intellectual property rights of third parties;
4.10. Users are personally liable for the statements in the information, comments, records and explanations provided by them which caused the breach of the rights of third parties as well as for any actions causing the breach of the legislation or the requirements of the international treaties to which the Republic of Azerbaijan is a party. The Administration may block or cancel completely the User’s registration upon finding out the mentioned cases or receiving a reasonable request about them from the third parties.
5. Limitation of liability
5.1. The User agrees that he/she uses the services of the platform by undertaking the risks and responsibilities.
5.2. The Administration is not a party to the relationships and disputes between the User and Sellers or third parties, and the User will resolve the disputes arising out of the use of the services of the platform or arising from claims filed by him without involving the Administration.
5.3. The User indemnifies the Administration against liability for the lost benefit, the moral and material damage coming from the quality and defects of the platform's services.
5.4. The User understands and agrees that the information and contact information contained in the loyalty program and campaigns is open and could be obtained and disseminated by third parties, and accepts all risks associated with such placement of information, including, but not limited to, the following: spam - the risk that email addresses would fall to the lists for sending messages, the risk that emails would fall to various types of scams, the risk that phone numbers would be received by SMS-spammers and/or SMS- swindlers, and other risks arising from such information placement.
5.5. The User acknowledges that he/she understands that the Administration is not a party to the exchange of information and the purchase of goods and services between him/her and the Sellers, and he/she is personally liable for the violation of the rights of the Sellers and third parties and will not involve the Administration in disputes arising out of their claims.
5.6. The User understands and agrees that the Administration is unable to determine whether the Sellers have all the necessary rights, permits and licenses for the sale of goods and services which they are providing information about, whether or not those goods and services are prohibited or restricted by law, loyalty programs and promotions are valid and authentic, whether they violate the intellectual property rights of third parties or not, and in this respect, is not liable for the violation of the User's rights and the User will not involve the Administration in disputes arising between him/her and the sellers.
5.7. The User is personally liable for the content of the information, comments, records and explanations provided by the User to the Sellers and third parties through the Platform, as well as for the breach of the requirements of legislation and the rights of third parties.
6.1. The Parties will not bear responsibility for entire or partial non-fulfillment of their obligations under this Agreement if it’s proved that this non-fulfillment resulted from force-majeure circumstances arising within a given time period as a result of extraordinary events the Parties could neither foresee nor prevent by reasonable measures. Force-majeure circumstances are the following: acts of God (earthquakes, floods, volcanic eruptions, landslides, tidal waves, and etc.), the wind force, temperature, and degree of sediment at the place of fulfillment of obligations under this Agreement, which exclude normal human living; the moratoriums of executive authorities and other circumstances that the Parties can determine as emergency situations to undertake the obligations.
6.2. The Party whose ability to perform its obligation is affected by force-majeure circumstances shall notify the other Party thereof within 10 (ten) calendar days. Failure to notify in a timely fashion the other Party does not entitle the Party to rely on force majeure circumstances.
7.1. This Agreement-offer comes into force upon its acceptance by User and remains in force without limit of time.
7.2. The Administration may unilaterally modify this Agreement at any time. User’s continuing use of the Platform is deemed to be the consent and the acceptance of the modifications to Agreement.
7.3. Each of the Parties may unilaterally terminate this Agreement by notifying another party. Forwarding the notification to the e-mails provided by the Parties or by the User during the registration is deemed to be its submitting.
7.4. Administration may block or cancel User’s registration without notification in case if User does not use the Platform continuously for 3 (three) months.
7.5. The Parties will try to amicably settle all disputes arising from realization of this Agreement, in case if no consent is reached the disputes will be settled by the relevant courts of the Republic of Azerbaijan in accordance with legislation of the Republic of Azerbaijan.
7.6. The Parties are liable for the breach of this Agreement, the legislation of the Republic of Azerbaijan and the requirements of the international treaties to which they are parties.
7.7. The Parties undertake to keep confidential the information concerning the settlement of issues and fulfillment of relationships arising from realization of this Agreement except as otherwise provided herein and required by law.
8. Administration’s bank details: “Frazex” MMC
TAX ID 1403064411
Account number: IBAN: AZ35ACAB00210200000000626878
AccessBank CSC Azadlig Branch
TAX ID 1400057421
CHIPS UID: 402004
Correspondent Bank: Deutsche Bank NY
Correspondent account: 04418228