This User Agreement (hereinafter referred to as the “Agreement”) governs relations between Mybill LLC represented by Yuriy Viktorovich Avinov, General Director, acting on the basis of the Charter represented in the Agreement as administration of mybill.ru
, hereinafter referred to as “Administration”, and any person visiting (using) the Site with the domain name mybill.ru
and its subdomains (hereinafter referred to as the “Site”), hereinafter referred to as “User”.
This Agreement is a formal offer to individuals or entities (Users) who accept this Agreement, with respect to the use of the Site under the terms of this Agreement.
The Administration and the User are jointly referred to as the “Parties”, and separately as a “Party”.
This Agreement, in accordance with Article 435 of the Civil Code of the Russian Federation, is an offer addressed to any person (hereinafter the “Offer”), and may be accepted by a person, but only by acceding to the Agreement in its entirety.
This Agreement shall be deemed concluded and shall become effective as an adhesion agreement:
- From the moment the User creates an account in accordance with the procedure established by the Administration;
- At the moment of User's registration on the Site, which means full and unconditional acceptance of all conditions of this Agreement without any exceptions and/or limitations;
- From the moment of registration according to the procedure specified by the Administration of the User on the Site (registration of an account) by the Bonus Programme Organiser or its representative/agent, which means the complete and unconditional acceptance by the User of all the terms and conditions of this Agreement without any exceptions and/or limitations;
- For those Users, who had registered on the Site (had an account) before the publishing of this User Agreement on the Site, - from the moment of such publishing on the Site.
Each Party guarantees to the other Party that it has the necessary legal capacity and capability, as well as all rights and powers necessary and sufficient for the conclusion and execution of the Agreement in accordance with its terms.
1. Definitions and terms
1.1 Site is a set of interconnected web pages located in the Internet domain mybill.ru
and its subdomains.
1.2 Platform is software and hardware tools integrated with the Site;
1.3 Service is a set of services provided to the User using the Platform;
1.4 Service User/User is a legally capable person over the age of 18, or such a person, who is an authorized representative of the Bonus Program Organiser or any other partner of the Site Administration, who has accepted the terms and conditions of this Agreement and accesses the Site Service via Internet.
1.5 The Administration is the owner of the Site, which manages the Site and interacts with Users, as well as performing other activities related to the use of the Site.
1.6 Information means any information, any content placed on the Site.
1.7 Account is a record kept on the Site, containing the information required to identify the User when granting access to the Site, information for authorization and accounting on the Site. Such record includes, among other things, User name and password (or other similar means of authentication).
1.8. Bonus Program Organiser is an organisation (individual entrepreneur) which uses the Platform and the Administration's Service to implement its own bonus program (hereinafter referred to as the “Bonus Program”), aimed at stimulating the purchasing power of respective goods (services) partners, and representing a set of interrelated actions and events, providing its participants with the opportunity to receive Bonuses (Points), defined in accordance with the procedure of purchasing goods (services) from partners, and for performing certain actions.
2. Subject of the Agreement
2.1 The subject of this Agreement is the procedure for using the Site, including the procedure for providing information by Users therein.
2.2. The administration reserves the right to deny access to use this Site to any User without explanation, in case of violation of obligations under this Agreement by User, as well as in case of violation of obligations of User under contracts with the Administration.
3. Registration, account security and occurrence of User's rights
3.1. User registration on the Site is carried out by filling in the appropriate registration form, if the registration is provided at the time of use of the Site, and is available to the relevant User.
When registering on the Site, the User enters the User name, e-mail address, password and other data requested by the Site Service, i.e. creates an account.
3.2 The User undertakes to include true, complete and accurate information about himself in the registration form, and to keep this information up to date.
3.3 The User accepts that the security of the login and password directly depends on their complexity (number and variety of characters).
3.4 The User agrees that he/she is solely responsible for maintaining the confidentiality of the login and password associated with his/her personal account used by him/her to access the Site Service. The User also agrees that he/she is solely responsible to the Administration for all acts performed while using his/her (User's) account, as well as a responsibility to the Organisers of bonus programs in accordance to any contracts (agreements) entered into.
3.5 In case the User will become aware of any unauthorised use of its password, login, or personal account details, the User shall be obliged to immediately notify the Organiser of the Bonus Program by sending a corresponding e-mail to the feedback address provided by the Organiser of the Bonus Program.
3.6 From the moment of registration on the Site (creating an account), the registered User:
- Has the right to view the Information on the Site;
- Receives the right to review documents of the Administration, including public offers of the Administration with the subsequent possibility of its acceptance;
- Conclude transactions through the Site's Service, as provided by the relevant offers and agreements posted on the Site.
3.7 Particular categories of Users receive access to registration on the Site and its Service only if they have signed the appropriate agreements with the Administration, which granted them such status.
4. Rights and obligations of the Parties
4.1 Rights and obligations of the Administration:
4.1.1 The Administration undertakes to enable the User's round-the-clock access to the Site as well as to his/her account.
4.1.2. The Administration reserves the right at any time to unilaterally amend (supplement) the terms of this offer by publishing a new edition on the Site. All changes in this offer shall enter into force from the date of their publication on the Site and shall apply to all legal relations between the Administration and the User, including those existing before such changes.
4.1.3. The Administration shall be entitled to block the User's account in case of his/her violation of the rules of this User Agreement, failure to comply with the terms of agreements signed with the Administration, or failure to enter into contracts with the Administration, which provide access to the Site, the Platform, the Service, and its services.
4.2 Rights and obligations of the User:
4.2.1 The User undertakes to comply with the rules of this User Agreement and the documents posted on the Site.
4.2.2 The User undertakes to provide accurate information about himself/herself during the process of creating an account.
4.2.3 The User undertakes not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any part of the Service and/or the Site.
4.2.4 The User undertakes to log in to the Site only under his/her own account.
4.2.5. The User has the right, with the consent of the Administration, to stop using the Site at any time.
5.1 Personal information of the User is received and processed by the Service. In this User Agreement, “Personal information of the User” means:
5.1.1 Personal information which the User provides (may provide) about himself/herself when registering, sending a feedback message or in the process of working with Internet resources, including personal data of the User.
5.1.2 The data that is automatically transferred to the Service in the course of its use by means of the software installed on the User's device, including the IP address, information from cookie files (including information about the User's location with details about the city, about the User's device, about the User's behaviour on the advertiser's Site, including their interests, and about the User's orders), information about the User's browser (or other software through which the User accesses the Service), access time, and address requested.
5.1.3 Other information about the User, which is required to be collected and/or provided according to the terms of the agreement between the Administration and the User, providing the possibility to use the Service, or according to the current legislation of the Russian Federation.
5.2 The Administration does not control and is not responsible for the Sites of third parties to which the User may follow links in the course of using the Service as part of their activities, including in search results. Other personal information may be collected or requested from the User on such Sites, and other actions may be taken.
5.3 The Administration shall not check the accuracy of personal information provided by Users, and shall not monitor their competence. However, the Administration assumes that the User provides accurate and sufficient personal information and keeps this information up to date.
5.4 Purposes of collecting and processing of Users' personal information.
5.4.1 The Service collects and stores only such personal data as is necessary to perform the agreements and contracts between the Administration and the User, including this Agreement.
5.4.2 The Service may use the User's personal information for the following purposes:
- Identification of the User;
- Providing the User with an opportunity to use the Service or receive other services on the Site;
- Communication with the User, including sending notices, enquiries and information related to the use of the Service, as well as processing requests and applications from the User;
- Improvement of quality of the Service, ease of use, and development of new services;
- Targeting of advertising materials;
- Carrying out statistical and other researchers based on anonymised data.
5.5 Terms of processing personal information of the User and its transfer to third parties.
The Service stores the personal information of Users. The personal information of the User shall be kept confidential, except when the User voluntarily provides his/her personal data to allow access for third parties. The Administration has the right to transfer personal information of the User to third parties in the following cases:
The User has expressed his/her consent to such actions;
The transfer is stipulated by Russian or other applicable laws within the procedure established by law;
In order to protect the rights and lawful interests of the Administration or third parties in cases where the User violates the terms of contracts and agreements concluded with the Administration.
5.6. When processing the Users' personal data, the Administration shall be guided by the Federal Law of the Russian Federation “On Personal Data”.
5.7 Measures used to protect the personal information of Users.
The Administration shall take necessary and sufficient organisational and technical measures to protect Users' personal information from unauthorised or accidental access, destruction, modification, blocking, copying, distribution, as well as from other unlawful actions of third parties.
5.8. By posting personal and other data, as well as the personal data of Users and other persons on the Site's Service, the User agrees that the Administration (and/or its authorised representatives) shall receive, collect, systematise, store, clarify (update, change), use and otherwise process (including in the electronic form) User’s personal data in order to implement the User Agreement, other contracts and agreements between the User and the Administration, as well as resolving any issues related to the conclusion and performance of the said agreement and contract, including at the request of third parties.
5.9. The User consents to transfer to third parties his/her personal data and the personal data of third parties, including for the purposes of its processing and for the maintenance of the Service, performance of the agreement with the Administration and solving of matters arising therefrom, provided that the Administration ensures the same mode of transmitted data as the one existing on the Site.
5.10. The processing of personal data of the User and/or posted on the Site and / or provided to the Administration in other ways shall be carried out from the moment of the provision of such personal data until the deletion of the User's account. The deletion of the User's account shall be made in accordance with the requirements of the Service, or at the written request of the User with the consent of the Administration, and will automatically result in the deletion of the User's account.
5.11. The User agrees that the Administration will send messages to the User, including correspondence to the User's email address (if available), information about promotions conducted by the Administration and its partners, and other information.
6. Responsibility of the Parties
6.1 The Site Administration guarantees that it owns the Site legally, has the right to use it in accordance with the terms of this Agreement and has all necessary rights to post information materials on the said Site.
6.2 The User shall be fully responsible for compliance with the requirements of legislation of the Russian Federation, including but not limited to legislation on advertising, on protection of copyright and related rights, on protection of trademarks and service marks, including full responsibility for the content and form of materials.
6.3 The User acknowledges that any information which the User may have access to as part of the Site is the responsibility of the person who provided such information.
6.5. The User agrees that information provided to him/her as part of Site may be the object of intellectual property, rights to which are protected and belong to the Administration or its partners or advertisers who post such information on Site.
6.6. The Administration is not responsible for the implementation of bonus programs by their organizers, is not responsible for the obligations of the Organisers of bonus programs and does not consider any financial issues related to the implementation of such bonus programs.
6.6.1 All matters relating to participation of the User in bonus programs implemented through the Site's Service are settled between the User and the Organisers of bonus programs without participation of the Administration. The Administration reserves the right to participate in the resolution of the matters referred to in this paragraph.
6.7. The Administration shall be not responsible to the User for any loss or damage suffered by the User as a result of using the Site, as well as entering into transactions or agreements with the Organisers of bonus programs that have access to the Site.
6.8. The Administration shall be not responsible for any direct or indirect damages, resulting from: the use or inability to use the Site or its individual services; unauthorised access to communications of the User; statements or conduct of any third party on the Site.
7. Dispute Resolution Procedure
7.1 In case any disputes arise out of the performance of this Agreement, the Parties shall use pre-trial proceedings to settle the dispute. If the dispute cannot be settled through negotiations, it shall be submitted by the Parties to the Arbitration Court of Moscow or the court of competent jurisdiction at the location of the Administration.
8. Changes in the Terms of the User Agreement
8.1 Amendments and additions to this User Agreement come into force as soon as they are published on the Site and apply to legal relations arising from the commencement of the operation of the Site.
8.2 The User understands and agrees that if he/she uses the Site after the date of the relevant amendments to this Agreement, it will be deemed to be acceptance of the new Agreement by the User.
9. Final Terms
9.1 The Users can address all questions and claims to the feedback address of the Administration, indicated on the Site.
9.2. If for any reason one or more provisions of this Agreement are invalid or unenforceable, it has no effect on the validity or applicability of the remaining provisions.
9.3 The laws of the Russian Federation shall apply to this Agreement.
9.4. By accepting the terms of this Agreement, the User (or the User's representative, including an individual duly authorised to enter into the Agreement on the User's behalf) acknowledges and warrants to the Administration that:
9.4.1. The User shall provide true information about itself, including when creating an account.
9.4.2. The User:
- Is fully familiarized with the terms of the Offer Agreement;
- Fully understands the subject of the Offer Agreement;
- Fully understands the meaning and consequences of his/her actions in relation to the conclusion and execution of this Agreement.
9.5. The Offer Agreement comes into force at the moment of User's consent to the terms of this Agreement (at the moment of creating an account), which is not limited by this Offer Agreement.