THE AGREEMENT ON THE USE OF MuganMobile WEB AND APPLICATIONS (ACCEPTANCE)
1. GENERAL PROVISIONS
1.1. This document is regarded as an official proposal made by “Azericard” Limited Liability Company (hereinafter referred to as “Company”) to conclude an agreement for the provision of payment services through Internet for individuals on the following terms and conditions and is posted on the website «https://muganbank.az» and the respective applications (hereinafter referred to as “MuganMobile”). This document shall be regarded as the Acceptance Agreement pursuant to the Article 408 of the Civil Code of the Republic of Azerbaijan.
1.2. The acceptance agreement for the provision of services MuganMobile (hereinafter referred to as the “Agreement”) is concluded in a special manner, through acceptance of the terms and conditions of the Agreement without signing by the Parties. The Agreement has legal force in accordance with the Civil Code of the Republic of Azerbaijan and is equal to the agreement signed by the parties manually.
1.3. This Agreement is a Joining Agreement. The fact confirming the full and unconditional acceptance of the following terms and conditions - implies the registration in MuganMobile Service and/or the fulfillment thereof by clicking on the symbol denoting a relevant task performed through MuganMobile on the websites of service providers.
1.4. If you disagree with any clause of the Agreement, in that case we highly recommend you to refuse to conclude the Agreement.
2. THE KEY TERMS AND DEFINITIONS
2.1. The following terms and definitions are used in this Agreement or in relations arising between the Parties within the framework of Agreement or in connection with therewith:
2.1.1. company - “Azericard” LLC, registered in accordance with the legislation, with its legal address: Nasimi district, Nizami Str, 67, Baku city, Azerbaijan, AZ 1005
2.1.2. card - a transactional instrument used for cashless transactions and cash withdrawals.
2.1.3. bank-acquirer - a bank transferring money from a payer’s card to the current account of the Provider of Services and/or the Goods.
2.1.4. Issuing bank - the International Bank of Azerbaijan issuing cards, serving card users, authorizing card transactions (independently or through a card issuing organization) and ensuring payment of the cost of transactions to the acquirer.
2.1.5. Internet acquiring - is a service provided to the User for making payments for the selected product and / or service with a card via the Internet.
2.1.6. processing of personal data - collection, registration, accumulation, storage, clarification, change, update, use and distribution (provision, sale, transfer), depersonalization, destruction of personal data, including using automated systems. 2.1.7. transaction - an acquiring bank carrying out a transaction through the appropriate account of the Supplier from the User's card or other operational instrument.
2.1.8. bank card - a plastic card linked to one of the bank accounts. It is also used to pay for goods and services through the Internet and to withdraw cash.
2.1.9. account - any account that can act as an instrument of financial transactions. 2.1.10. personal data - any data that allows to identify a person directly or indirectly.
2.1.11. processing of personal data - operations with personal data (recording, systematization, updating, modification, deletion, anonymization, storage, transfer, destruction of personal data).
2.1.12. operating system - a set of rules, procedures and technical infrastructure that ensure the transfer of value from one economic entity to another.
2.1.13. user - is a natural person or individual who performs transactions through MuganMobile Service using a bank card.
2.1.14. MuganMobile - a package of technical and organizational measures that allow financial transactions to be conducted using any operational instrument.
2.1.15. Cookies - are software tools stored on the User’s device that allow the Company to track the use of the software by the User, authenticate the User and save his personal settings.
2.1.16. mobile application - a software used for an electronic computing machine - computer, specially designed to download and use on a mobile device, allowing the User to access the Service through such devices.
2.1.17. service - a package of services provided to the User through MuganMobile Service.
2.1.18. personal account - a personal section(s) allows the User to access upon registration and (or) authorization in the application, and entitles him/her to use the services of MuganMobile.
2.1.19. supplier - an entity providing equipment, products, works and services necessary to satisfy the material needs and demands of the population.
2.2. This Agreement may contain terms and definitions not mentioned in clause 2.1. In this case, the term shall be construed and interpreted according to the text of the Agreement. In case of failure to find an appropriate and a well-defined explanation or definition to the term in the text of the Agreement, first of all, the definition provided in the legislation of the Republic of Azerbaijan shall be referred, and only after that the definition relevant to the practice commonly applied and experienced in business circle and scientific doctrine shall prevail.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of the Agreement is to ensure that all the capabilities of the MuganMobile Service are used in accordance with the terms and conditions of the Agreement.
3.2. The number of services provided is not limited to the services provided within the Service, and it may be changed, and the application may be suspended and / or updated by the Company unilaterally. This Agreement is considered a general acceptance, and the User is deemed to have acceded to the Agreement by getting access to the services.
4. MODIFICATIONS TO THE APPLICATION (SOFTWARE)
4.1. The Company may periodically update the version of Service MuganMobile on a mobile device owned or controlled by the User to support new features and services. The Company may periodically change the terms and conditions of this Agreement by notifying the User of the change.
4.2. The connection of the User to the Service or its use after introduction of amendments to this Agreement shall mean an unconditional acceptance and acceptance of the respective changes made hereto. If an updated version of the Service is launched, the User will receive a notification with the relevant information related to the recent update. If the User disagrees with the acceptance of the updated version of the Service, as well as any amendments made in the Agreement, in this case, s/he shall be obliged to close his personal account and delete the application in accordance with the appropriate instructions to suspend the use of the Service.
4.3. Service MuganMobile transactions are conducted according to the time zone of the region where the provider of this application is located (Baku).
5. THE RIGHTS AND LIABILITIES OF THE PARTIES:
5.1. The rights of the Company:
The Company shall be entitled to:
5.1.1. suspend the operation of the MuganMobile Service completely or partially, in the event of a technical failure, as well as during the period of improvement works to prevent unlawful interference of third parties in the operation of the MuganMobile Service;
5.1.2. Suspend transactions in the following cases:
in the event that the Company has reasonable suspicions as to whether the User has used the Service for other purposes beyond this Agreement;
at its own discretion, when there is a necessity for identification of the User;
in the event that there are reasonable suspicions as to whether fraudulent transactions are carried out by the User;
in the event that it is impossible to install and maintain technical and informational support by the Suppliers for reasons beyond the control of the MuganMobile Service;
in the event of violation of the terms of this Agreement by the User;
where the Service receives MuganMobile complaints about the violation of the rights and interests of third parties by the User;
in other cases, where the conduct of transactions may harm Service MuganMobile, the Supplier or third parties.
5.1.3. require a identity document and other documents necessary for identification of the User.
5.1.4. make changes to any software of the MuganMobile Service and require the User to update the software.
5.1.5. protect and process the personal data of customers received by Service MuganMobile during the provision of services. By accepting this Agreement, the Client, acting as a subject of personal data, voluntarily agrees to the processing of his personal data. The storage period for personal data is set 20 (twenty) years from the date of signing of this Agreement. By accepting this Agreement, the Client confirms that he was informed about entering personal data into the personal data base, as well as about his rights in accordance with the Law of the Republic of Azerbaijan “On Personal Data”.
5.2. LIABILITIES OF THE COMPANY:
The Company shall:
5.2.1. provide discontinued operation of the service and ensure the information security;
5.2.2. allow the User to contact technical support service with respect to the use of MuganMobile Service and respond to inquiries in accordance with the internal rules and conditions.
5.2.3. register the User in case of compliance with the requirements of the Agreement and the regulations for use of the Service.
5.2.4. accept payments made by the User according to the terms of this Agreement and ensure payment in favor of the Supplier in accordance with the Agreement entered by and between the Supplier and the Company.
5.2.5. provide the User with additional services that do not contradict the terms of this Agreement and the terms of performance specified by Service MuganMobile.
5.2.6. transfer and receive information on Transactions and Settlements through secure data transmission channels.
5.2.7. ensure that all settlement and transaction data is stored and preserved for the period of three (3) years.
5.2.8. register all transactions made by the user through MuganMobile Service in MuganMobile Service.
5.3. THE RIGHTS OF THE MuganMobile SERVİCE USER:
The User shall be entitled to:
5.3.1. use the MuganMobile service to pay the value of goods and/or services specified by the Supplier.
5.3.2. use the additional services provided in Service MuganMobile.
5.4. LIABILITIES OF THE MuganMobile SERVICE USER:
The User of the service shall:
5.4.1. comply with the terms of this Agreement and the terms of the use of Service MuganMobile;
5.4.2. provide real information about yourself and transaction cards when registering on MuganMobile resources;
5.4.3. conduct transactions by means of MuganMobile Service through bank cards and other accounts provided in accordance with the Agreement concluded between the User and the Issuing Bank;
5.4.4. not allow the third parties to use their personal account on the official website of the MuganMobile Service and not disclose confidential information and passwords provided for the use of the MuganMobile Service;
5.4.5. take due care of the data security of his/her devices;
5.4.6. when using MuganMobile Service, not change the software of the Service and/or any part of it by its own efforts / or by resources of third parties and shall not allow the occurrence of such cases;
5.4.7. not use the MuganMobile service for illegal purposes violating the rights of the third parties;
5.4.8. undertake full responsibility for any acts and/or decisions she makes on MuganMobile resources;
5.4.10. not set up a fake account in MuganMobile Service, not to distort your identity, not to set up or use an account for another person (s) or not to attempt to use another person’s account.
6. THE RULES FOR THE USE OF MuganMobile SERVICE
6.1 Using the MuganMobile Service implies carrying out any transaction provided on the MuganMobile resources by the User, including payment and money transfer.
6.2. The use of Service MuganMobile is feasible upon acceptance of this Agreement by the User.
6.3. To use the capabilities of the MuganMobile system, the Service User must have an active mobile phone number and appropriate equipment (smartphone, tablet and mobile devices.).
6.4. The Company, at its own discretion, may limit or change the rules and terms for use and the terms and conditions specified for the provision of additional services.
6.5. The User is deemed to be any physical person or individual who carries out a transaction through Service MuganMobile upon acceptance of the Agreement, regardless of whether it is used with or without the registration.
6.6. The User is deemed to be a person who conducts a transaction, regardless of whether such transaction is carried out in favor of a third party.
6.7. The User selects the service / goods provided by the Supplier and sends an appropriate order to conduct a transaction to Service MuganMobile. The obligation of Service MuganMobile to accept transactions by the User in favor of the respective Supplier is performed until full completion of processing of data regarding the transaction by each party.
6.8. Service MuganMobile does not provide information on the status of the account owned by the User, actions related to the User’s account, as well as account statements.
6.9. The User MuganMobile shall be entitled to report about important events that have occurred within the Service, or send related informational massages (notifications) to the appropriate address specified in the account.
6.10. The User may be charged an appropriate fees or commissions for using Service MuganMobile and conducting card transactions.
7.1. No subscription fee is provided for using the Service MuganMobile. If such a tariff or commission is set, it will be implemented with the prior consent of the User.
7.2. The commission may be withheld for payment for the services and/or goods provided the Suppliers through Service MuganMobile. The amount of the commission is dependent on the terms and conditions of the Agreement entered by and between the Company and the Supplier.
8. ENTRY INTO FORCE, CHANGES AND AMENTMENDS TO THE AGREEMENT, TERMINATION OF THE AGREEMENT
8.1. The Agreement on the use of Service MuganMobile is concluded between Service MuganMobile and the User in the form of a Joining Agreement and becomes effective from the moment of its acceptance by the User.
8.2. Service MuganMobile shall be entitled to make changes and amendments to the Agreement in a unilateral order with distribution and placement on official resources. Unless otherwise provided, amendments to the Agreement and additions thereto shall become effective from the moment of their placement on official resources.
8.3. The use of Service MuganMobile shall be implied to be accepted upon the introduction of amendments.
8.4. The Agreement may be terminated by the consent of parties and in accordance with the legislation of the Republic of Azerbaijan. The initiator of the termination of the Agreement sends an appropriate notification to the other party by means provided by Service MuganMobile. The Agreement is considered to be terminated upon expiration of 10 (ten) days from the date of notification delivery.
9. CONFIDENTIALTY POLICY AND “COOKİES”
9.1. This Service may contain links to other Internet resources practicing different data protection and privacy policies. However, the Company shall not be held responsible for the content and privacy policies of such websites. The Company shall strictly protect and continue to protect the registered personal data of Users and those registered further. In this respect, for the purpose of data protection, the User shall undertake sole responsibility for the disclosure of personal data related to the User, as well as the transactions carried out in the event of transmission of the User's data to the third parties to get access to the Service, deliberately or by gross negligence, or using it by another person through the User’s number.
9.2. The Company can collect, process, use or transfer personal data of users in accordance with the Law of the Republic of Azerbaijan “On Personal Data” and other relevant legislative acts. The company will collect information on business conduct, compliance with legal and regulatory obligations and best practices, and risk management, and will use the data to provide services, develop relationships and offer the best services and products. By installing and using this application, the User shall give consent to the disclosure, processing, storage and transmission of data in the above-mentioned manner.
9.3. The process of filling out the form by the User during initial registration allows to process the following types of personal data input:
• name, surname and patronymic;
• means of communication of the User;
• E-mail address;
• other necessary data.
The company shall protect the following mechanically transmitted data when accessing resources MuganMobile:
• IP address;
• cookie data;
• data obtained from the browser;
• the time of use.
The company registers the IP addresses of users MuganMobile. This information is used to identify, prevent and resolve potential problems. All of the above types of personal data are reliably protected.
9.4. Personal data can be used by the Company for the following purposes:
• Data identification;
• Feedback from the User;
• Provision of services and processing of requests received from the User;
• Fraud prevention;
• Confirmation of the User's personal data;
• In connection with the use of the program;
• Notifying the User by e-mail;
• Advertising with the consent of the User;
• Conducting contests and other promotions related to the product offered during the use of the application;
• Compliance with contractual obligations.
9.5. Personal data may be transferred by the Company to the authorized bodies for the following purposes:
• Processing and protection;
• Provision of required services and transactions;
The company conducts all organizational and technical work to ensure data protection and security.
9.6. The Company shall not be held liable for the disclosure of personal data if this data was previously in the public domain and (or) was published by the consent of the User. User data cannot be sold to or transferred to third parties, except as otherwise provided by law.
9.7. Software (cookies) are stored on the User’s device to support the security of the software, to assess the effectiveness of advertising campaigns on the Internet, ensure connection to the system, understand the interests and needs of the User (for example, save login and search data), and provide the Company with traceability how the User uses the program. By installing and using the Software, the User agrees to enter and store this data on a mobile device.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The Company reserves the ownership on the intellectual property rights on all trademarks, logos, including all objects that can be used with the help of MuganMobile Service, including signs, symbols, expressions, texts, graphics, images, illustrations, software, sounds, working methods, animation, audio clips and video images or it is licensed to enjoy these rights.
10.2. The content and software are deemed to be the company’s property and protected by copyrights. Except as expressly provided in the limited licensing terms and conditions, these trademarks do not in any way infringe any expressed or implied rights to their copyrights or other private information.
10.3. Without the written consent of the Company (the Company reserves the right to refuse such consent for any reason), the User shall not be entitled to reproduce, copy or sell any content for which the User is accessed, it is not allowed to use any mark for advertising or commercial broadcasting purposes.
11. LIABILITIES OF THE PARTIES
11.1 Unless otherwise provided in this Agreement, the Company shall not be liable for any loss, damage, delay or interference incurred by the User in connection with any of his given or possible instructions. The Company is not responsible for any loss, damage, delay or interference that the User may suffer, with prior notice. Since intellectual property rights and related rights belong to the Company, the User is liable in accordance with applicable law for violation of the requirements set out in article 10 of this Agreement.
11.2. The Company shall not be held liable for any loss or damage incurred by the User for the following reasons:
acts or inactivity of third parties;
errors, inaccuracies, omissions, inaccuracies or any inconsistencies (including refusal of the new version) in any information provided by the User to the Company (including login data), or information provided by a third party;
failure to perform any liabilities undertaken by the User or delays, errors, suspension in their implementation;
any delay in accessing or using MuganMobile Services, any fraudulent or illegal act or omission;
failure to comply with any instructions which may be given periodically by the Company to the User;
11.3. When non-performance is caused by an extraordinary acts or circumstances beyond their control of the parties, they are released from any liability for failure to perform their contractual obligations until the end of its validity period.
11.4. In other cases, the Parties shall be held responsible for failure to perform or improper performance of their contractual obligations in accordance with the legislation of the Republic of Azerbaijan.
12. FORS-MAJEURE CIRCUMSTANCES
The company shall not be held responsible for the failure to provide services due to war, hostilities of any kind, natural disasters (fire, flood, earthquake, storm, hurricane and other force majeure circumstances), occupation, civil war, uprising, revolution, riot, usurpation of power, nationalization, government sanctions, ban, embargo, labor disputes, strikes, lockouts, cyber-attacks, suspensions or failure of power supply provision, cable, telephone communication and other services necessary to provide the Service.
13. FINAL PROVISIONS
13.1. This Agreement is governed by and construed in accordance with the legislation of the Republic of Azerbaijan. The issues which are not regulated by this Agreement shall be resolved in accordance with applicable law.
13.2. In the event of any disputable issues which may arise from this Agreement, the Parties shall do their utmost to resolve such disputes amicably through negotiations. In case of failure to settle this dispute through negotiations, all disputes arising from or in connection with this Agreement shall be resolved in accordance with the applicable legislation. In the event that, for one reason or another, one or more of the provisions of this Agreement are considered invalid or unenforceable, it shall not affect the validity or legality of the other provisions of the Agreement, and such provision will be replaced with a provision which can be construed and interpreted as close as possible to the purpose of the provision amended in accordance with the current legislation.
13.3. Failure by the Company to exercise or ensure the protection any of its rights established under this Agreement shall not be implied as waiving this right by the Company. The Company is entitled to transfer its rights to any third party at any time without prior notice to the User. However, the User shall not be entitled to transfer any of his/her rights and contractual obligations or related to the Agreement without the prior written consent of the Company, and any such transfer attempt is considered invalid and unenforceable.
13.4. This Agreement has been compiled and exercised in one original copy, in the Azerbaijani language and in some cases may be submitted to the User in other foreign languages for familiarization. In case of contradictions between the Azerbaijani version of the Agreement and other copies translated into another language, the provisions of the Azerbaijani version shall prevail.
14. ADDRESS AND BANK DETAILS OF MuganMobile SERVICE:
“Azericard” Limited Liability Company
Tax ID number:1400318341
Legal address: 67 Nizami Str, Nasimi district, Baku city, AZ 1005
Actual address: 54 Bulbul Ave, Nasimi district, Baku city, AZ 1014
Bank: “Azerbaijan International Bank” OSC
Bank’s code: 805250
Bank’s TAX ID Number: 9900001881
E-mail: [email protected]
Phone:+99412 598 43 76 /+99412 598 46 97