User Agreement on general terms of use for the mobile application.
This User Agreement on general terms of use for the mobile application "Tsel" (hereinafter referred to as the Agreement) establishes the terms of use of the mobile application for Devices and shall be concluded between the Rights Holder and the User.
1.1. Rights Holder – Limited Liability Company "Tsel"
1.2. User – an individual who has installed the Application on a device.
1.3. Application – Mobile payment application, the exclusive rights to which belong to the Rights Holder by virtue of its creation.
1.4. License – a simple (non-exclusive) revocable non-transferable free-of-charge license to use the Application.
1.5. Device – a mobile technical device with Internet access on which the Application is installed.
2.1. This Agreement defines the general procedure and relationship between the Rights Holder, being the holder of exclusive rights to the Mobile Application "Tsel" and the User using the Application. This Agreement is a public offer in accordance with Article 437 of the Civil Code of the Russian Federation, addressed to individuals, on the terms of this Agreement.
2.2. The Rights Holder grants the User under the License the right to use its software within the framework of working with the Application and its Services, in full accordance with this Agreement.
2.3. The License grants the following rights to use the Application – copying and installation in the Device's memory, reproduction on the Device, use of the Application for its direct functional purpose for the purposes defined by this Agreement.
2.4. The License term – from the date of the User's first use of the Application and the User's acceptance of the License terms until its deletion from the Device.
2.5. By agreeing to the terms of this Agreement, the User confirms their legal capacity and capacity, confirms the accuracy of their personal data and assumes full responsibility for their accuracy, completeness and reliability. Under Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data", the Rights Holder processes personal data of registered Users in compliance with the principles and rules of processing and protection of personal data. Under the terms of this Agreement, the User confirms their consent to the processing of their personal data provided during registration. The User also confirms their consent to the transfer of their personal data to third parties, including banks, persons to whom the User using the Application transfers funds and performs financial transactions.
2.6. The Rights Holder assumes the improvement and modification of the Application, implementation, removal of certain functions and capabilities, therefore this Agreement may be amended and/or supplemented by the Rights Holder unilaterally. Continued use of the Application after amendments and/or additions to this Agreement confirms the User's consent to such amendments and/or additions. In case of the User's disagreement with any provisions of these documents, the User is not entitled to use the Application.
2.7. By accepting the terms of this Agreement, the User confirms their consent to receive information about the functioning of the Application and its Services, including receiving advertising, informational and other messages to the email address or phone number, as well as receiving relevant information in the Application itself.
3.1. Activation of the Application in accordance with this Agreement (hereinafter – Registration) and its subsequent use constitutes confirmation of consent to all terms of this Agreement. The User's authorization data (access code) is created by the User independently. The access code may be changed by the User at any time and an unlimited number of times. Changing the code is only allowed if the current User code is entered correctly. The Rights Holder recognizes as the User any person who has completed Registration in the Application and uses the Application for its intended purpose.
3.2. The Application allows Users using a mobile phone to perform electronic operations for issuing payment orders for goods/services, transferring funds to the acquiring bank, as well as perform other informational and technological interactions with third parties.
3.3. To start using the Application, the User activates it by completing Registration, namely: specifies their phone number in the Application, creates an access code for the Application.
3.4. The User's authorization data when using the Application and when transmitting any order for execution is recognized as equivalent to the User's handwritten signature.
3.5. When authorizing in the Application, multiple incorrect code entries by the User may lead to temporary blocking of the Application.
3.6. When using the Application and transmitting orders through the Application, the User may be charged a fee, the amount of which is communicated to the User in the Application before transmitting the relevant order for execution. The charged fee for transmitting such an order is debited from the User's account or bank card from which the funds transfer is made. If there are insufficient funds for transmitting any order, the execution of such order may be rejected.
3.7. The User undertakes to properly comply with the terms of this Agreement.
3.8. The User is granted the right to use the Application solely for the purpose of personal non-commercial use. At the same time, the User may use the Application solely in accordance with the terms of this Agreement.
3.9. The User undertakes not to use the Application in violation of the rights and legitimate interests of the Rights Holder, other rights holders, third parties, this Agreement and the legislation of the Russian Federation.
3.10. The User undertakes to take appropriate measures to ensure the security of their mobile device and bears personal responsibility in case of third-party access to their mobile device. In case of loss of the Device, the User must immediately report the need to block cards and accounts. The User undertakes to carefully and securely store the data used for identification in the Application; if such data becomes known to third parties, the User undertakes to immediately change the access codes.
3.11. The User is prohibited from independently or with the involvement of third parties performing decompilation, modification, decoding, disassembly, emulation of the Application, including its Services, as well as distributing, making publicly available and providing other access to the Application and Services, performing reverse engineering of the Application or its individual Services.
3.12. The User is responsible for using the Application and its Services in any ways not expressly specified in this Agreement.
3.13. The User is not entitled to perform any unauthorized actions with the Application, including distributing the Application or its individual Services through various Internet resources and portals, hacking the Application's functionality, using parts of the Application or Services in other mobile applications.
3.14. Any payments for communication services, including those provided by mobile operators or internet service providers, are paid by the User independently.
3.15. The Rights Holder has the right to transfer rights and obligations under this Agreement to third parties for the purpose of executing this Agreement without additional consent from the User.
3.16. The Rights Holder has the right to send the User by any means information about the functioning of the Application and its Services, including sending advertising, informational and other messages to the email address or phone number specified by the User, or placing relevant information in the Application itself.
3.17. The Rights Holder has the right to provide Users with paid and free services. About the conditions for providing paid services (including Services), the Rights Holder informs the User by placing in the Application or on the website relevant information about the service (name of the service, its cost, form and payment procedure).
3.18. The Rights Holder has the right to block the User's access to the Application or its individual Services in case of detecting violations by the User of the obligations specified in this Agreement.
3.19. The Rights Holder reserves the right at any time to terminate this Agreement for organizational or technical reasons unilaterally, by deleting the Application from the User's mobile device or blocking the possibility of its further use.
4.1. For the purpose of improving and enhancing the quality and stability of the Application's operation, the Rights Holder has the right to collect, store and process statistical information about the User's use of the Application, record the User's actions in the Application, process the obtained data independently or with the involvement of third parties.
4.2. The terms of the Agreement apply to any updates/new versions, additions to the Mobile Application except when such update is accompanied by a separate license agreement.
4.3. By agreeing to install an update/new version, addition to the Mobile application, the User accepts the terms of the Agreement for the relevant updates/new versions of the Mobile application, unless the update/installation of a new version of the Mobile application is accompanied by another license agreement.
5.1. The User is independently responsible to third parties for their actions related to the use of the Application and its Services, including if such actions lead to violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Application and its Services. The Rights Holder is not responsible for lost profits, lost income, data loss, financial and (or) other losses, as well as for indirect and (or) unforeseen damage, unless otherwise provided by law.
5.2. In case of violation of the rules of using the Application, the User's obligations and prohibitions specified in this Agreement, as well as in case of violation of clause 5.3. of this Agreement, the User undertakes to compensate the Rights Holder for damages caused by such actions in full in accordance with the current legislation of the Russian Federation.
5.3. The User guarantees that they will not take any actions aimed solely at causing damage to the Rights Holder, mobile operators, rights holders or other persons.
5.4. In case of any disputes or disagreements related to the execution of this Agreement, the User and the Rights Holder will make every effort to resolve them through negotiations between them. If disputes cannot be resolved through negotiations, disputes shall be resolved in the appropriate competent court at the location of the Rights Holder in accordance with the current legislation of the Russian Federation, the language of proceedings is Russian.
6.1. This Agreement comes into force for the User from the moment of installation and acceptance of the user agreement terms in the Application and is valid indefinitely.
6.2. If any provision of this Agreement is found to be invalid, this does not affect the validity or applicability of the remaining provisions of this Agreement.
6.3. The current version of this Agreement is posted on the Rights Holder's Website and available on the Internet at https://goalconf.store/user-agreement-en
6.4. All questions, appeals and claims related to the use/inability to use the Service, as well as possible violations of the law and/or rights of third parties, should be sent to: service@goalconf.ru.
6.5. Third parties may be involved to execute this Agreement. The User confirms that such third parties are granted the same rights as the holder of rights to the Application, including regarding the User's personal data.
6.6. Unless proven otherwise by the User, any actions performed using their mobile device are considered performed by the respective User. In case of unauthorized access to their mobile device, the User must immediately report this to the Rights Holder in the prescribed manner.
6.7. The Rights Holder does not guarantee that the Application and its individual Services will function in accordance with the User's expectations. Also, the Rights Holder is not responsible for providing information in the Application in case of presence on the User's Device of malicious programs (malicious codes, viruses) that may serve as a factor for modification, change of information provided through the Application.