User agreement on the use of the mobile application "SmartClub"

About using the mobile application "SmartClub"

Terms and Definitions

"Agreement" - present user agreement.
"Application" is an application under the Customer's brand "Khan Sultan", developed by the Contractor for mobile operating systems Apple iOS, Android. The application is published in mobile application stores on behalf of the Contractor.
"User" means an individual who installed the Application on his mobile device and uses the Application in accordance with this Agreement.
"Customer" means a company that provides services and / or sells goods to the User; Carries out marketing communication with the User using the Application; Changes the information content of the Application.

1. General Provisions

This Agreement regulates relations between the Contractor and the User.
Use of the Application is an acceptance of a public offer and confirmation of the User's consent to the terms of this Agreement.
This Agreement shall enter into force for the User from the moment of installation of the Application and shall be valid for an indefinite period.
The Contractor has the right to make changes and / or additions to the Agreement. When making changes to the Agreement, the Contractor publishes a new valid version of the Agreement, and the date of publication is the effective date of the new version of the Agreement. Previous versions of the Agreement are stored in the archive of the Contractor's documentation.
Continuation of the use of the Application after making changes and / or additions to this Agreement means the User's consent to such changes and / or additions. This Agreement is made in accordance with the legislation of the Kyrgyz Republic.
This Agreement is made in accordance with the legislation of the Kyrgyz Republic. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Kyrgyz Republic.
If the User disagrees with the terms of this Agreement, the use of the Application must be terminated immediately.

2. Rights and obligations of the Contractor

The Contractor has the right to transfer rights and obligations under this Agreement to the Customer for the purpose of implementing this Agreement, without the User's additional consent.
The Contractor has the right to send information on the functioning of the Application, information, advertising or other communications to the User's e-mail address or phone number indicated by the User on the Customer's behalf or on behalf of the Customer, as well as to post relevant information in the Appendix itself.
The Contractor has the right to monitor and correct the content of the Application. The Executor has the right to reduce the bonus balance of the User who violated this Agreement.
The Contractor has the right to limit or block the User's access to the Application at any time without notice to the User.
The Contractor has the right to terminate this Agreement at any time unilaterally, by blocking the possibility of using the Application.
The Contractor has the right to restrict or block the User's access to applications developed for other Customers.

3. Rights and obligations of the User

When registering in the Appendix, the User undertakes to provide reliable information about himself necessary for:
1. correct provision of marketing services by the Customer;
2. response to the User's appeals to the application's support service;
3. confirming the ownership of the account in the Appendix to this User in the event of the loss of the account.
The User, using the Appendix, gives his informed and voluntary consent to participate in promotional, promotional, marketing and other events aimed at promoting the services of the Customer, the Contractor's partners and other third parties.
The User agrees to use the Application solely for purposes related to personal use..
The User undertakes not to spread false information about the Application, the Contractor or the Customer.
The User undertakes not to use third-party software and other technical means affecting the operation of the Application.
The user is prohibited from independently or with the involvement of third parties to decompile the Application, and also disseminate, communicate to the public and provide other access to the Annex, reverse engineer the Application or its individual elements.
The User undertakes to take appropriate measures to ensure the safety of his mobile device and is personally responsible for the safety of the personal data specified in the Appendix, in the case of access to his mobile device by third parties.
If the User does not prove the contrary, any actions committed using his mobile device are deemed to be committed by the relevant User.
The User guarantees that he will not take any actions aimed at causing damage to the Contractor, the Customer, cellular mobile operators, rights holders or other persons.
In the case of violation by the User of the obligations specified in Section 3 of the Agreement, the User undertakes to compensate the Contractor and / or the Customer for the harm caused by such actions, namely direct and indirect losses received by the Contractor and / or the Customer.

4. Limitation of liability

The application is provided to the User "as is". The performer does not give any guarantees, in particular, regarding the operability of the Application, its functionality, information content, availability, reliability of operation and compliance with the User's needs and expectations.
Under no circumstances shall the Contractor be liable for the operability of the User's device.
The Executor does not bear responsibility for the loss of the User's data, but will make every effort to preserve and restore the User's data, including the bonus balance.
The Contractor is not liable for any damage or loss caused by the use of the Application.
The Contractor is not liable for negative consequences and losses incurred as a result of events and circumstances that are beyond its competence, as well as for actions (inaction) of third parties, including actions or omissions of the Customer.
Links to third-party sites
1. The application may contain links or provide access to other sites on the Internet (third party sites) and information posted on these sites resulting from the intellectual activity of third parties. The specified sites and the information placed on them are not checked by the Contractor for compliance with the requirements of the legislation of the Kyrgyz Republic.
2. The Contractor shall not be liable for any information placed on the websites of third parties to whom the User obtains access through the Application, including, including, any opinions or statements expressed on the websites of third parties.
3. The User confirms that from the moment of the User's transition through the link contained in the Appendix to the site of a third party, the relationship between the Contractor and the User is terminated, this Agreement is not further extended to the User, and the Contractor is not responsible for the User's use of the content, the legitimacy of such use and quality Content posted on third-party sites.
Owners of application stores - Apple Inc., Google Inc. And Microsoft Corporation - are not involved in the activity within the Application and are not responsible for the contents of the Application under any circumstances.

5. Privacy Policy.

Accepting the terms of this Agreement, the User confirms his consent to the processing by the Executor (as well as third parties for the performance of the Contractor's duties) of the User's personal data provided during registration, including but not limited to responding to the Customer's applications to the Application Support Service, and Resolution of possible claims. Also, the User confirms his consent to the transfer of the above personal data to the Customer and their processing by the Customer for the purpose of executing this Agreement and implementing the operation of the Application in order to fulfill the Contractor's obligations to the User, the Customer and Customers of other applications, as well as to resolve claims related to the implementation of this Agreement .
The Contractor does not verify the authenticity of the information provided by the User upon registration in the Appendix, however, in fulfillment of its obligations to the User or the Customer, the Contractor has the right to verify the data provided by the User.
The Contractor has the right to collect, store and process technical information about the User's device, which includes:
- data on the model of the user's mobile device (manufacturer, model, operating system version, device ID and other technical parameters and identifiers, including IMEI);
- statistical information about the application starts and activities in it;
- list of accounts on the user's device;
- data on the location of the user's device;
- other technical data necessary to improve the functionality and performance of the Application.
The Contractor has the right to transfer the information received to the Customer and use such information for marketing, advertising and other purposes.
The Contractor shall not be liable for the receipt by third parties of the User's personal data by accessing the User's device. The user is obliged to independently ensure the safety of data on his device.