Public Offer for Services by LOYAL CLUB LLC
This document constitutes an offer by Limited Liability Company “LOYAL CLUB” (hereinafter referred to as LOYAL CLUB LLC) to enter into a services agreement (hereinafter referred to as the Agreement) on the terms set forth below.
1. DEFINITIONS AND TERMS
1.1. For the purposes of this document, the following terms shall have the meanings below:
System means a computer program owned by the Contractor.
User means a legal entity or individual that has accepted the terms of the Agreement and uses the services provided by the Service.
Third-party card storage applications are mobile apps that allow users to upload, store, and use virtual loyalty cards. These include Apple Wallet (formerly Passbook) on Apple devices, as well as PassWallet, WalletPasses, Pass2Pay, and other compatible applications for Android devices and Google Pay. The .pkpass format (Passbook Pass File) is a standard virtual card format developed by Apple. It contains images, text information, and card data and may be used both in Apple Wallet and in compatible Android applications.
Virtual Card (also referred to as a Virtual card) means a software element consisting of a set of text data and images and representing a unit that can be added to Apple Wallet and Google Pay applications.
Template means a specific graphic and logical form according to which Virtual Cards are generated.
Personal Account means the User’s personal section on the website www.loyalclub.ru, provided as an interface containing tools required to use the System features.
API means a set of ready-made classes, procedures, functions, structures, and constants provided by the System for use in external software products.
User Registration means creation of a User account with assignment of credentials (login and password) used for sign-in.
Billing Date means the date of subscription fee payment; the Billing Date is the date of switching to the User’s current Tariff or the date of changing the payment period under the User’s Tariff.
Reporting Period means a period equal to 30 (thirty) calendar days for which calculations under the Tariff are made.
Tariff means a document specifying the System features, qualitative and quantitative limitations on System use, and the cost of access to the System with the specified characteristics.
Normal Functioning means availability of the website www.loyalclub.ru and operation of the System in accordance with the described System operation processes.
1.2. The Agreement, its appendices, and the website www.loyalclub.ru may contain terms not defined in Clause 1.1 of this document. In such case, interpretation of such a term shall be made in accordance with the text of this document. If the term cannot be interpreted unambiguously based on this document, interpretation shall follow: first, the legislation of the Russian Federation; second, definitions on www.loyalclub.ru; then, common usage on the Internet.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The subject matter of the Agreement is provision to the User of access to the System via www.loyalclub.ru and ensuring operability of the System on the terms defined in this document, in the Tariff, and on www.loyalclub.ru.
3. PROCEDURE FOR SERVICE PROVISION
3.1.1. To obtain access to the System, the User registers on www.loyalclub.ru.
3.1.2. The set of functions and quantitative limits on the use of the System are defined in the Tariff.
3.1.3. A description of the System functions is publicly available on www.loyalclub.ru.
4. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE AGREEMENT
4.1. The Agreement shall be deemed concluded at the moment it is accepted by the User. For the purposes of the Agreement, acceptance means registration on www.loyalclub.ru.
5. PRICE AND PAYMENT PROCEDURE
5.1. The cost of the Services shall be determined in accordance with the Tariff.
5.2. The User has the right to independently choose the payment period, additional services, and quantitative parameters from the options offered on www.loyalclub.ru.
5.3. The User shall pay for the Services on a 100% prepayment basis: 100% (one hundred percent) of the cost of Services for the Reporting Period, or 100% (one hundred percent) of the cost of additional Services, unless otherwise provided by the Tariff terms.
5.4. Due to LOYAL CLUB LLC’s use of the simplified taxation system, services provided by LOYAL CLUB LLC are not subject to VAT.
5.5. Services may be paid by bank card. In this case, recurring direct debiting of the subscription fee from the bank card specified by the User is performed according to the selected payment period and Tariff.
5.6. Services shall be considered rendered if, within 5 (five) business days from the Billing Date, LOYAL CLUB LLC has not received any claims regarding quality, scope, or timing of performance of its obligations.
5.7. Where necessary, LOYAL CLUB LLC sends invoices by email or via electronic document management (EDM/EDI) systems. If an original paper invoice is required by mail, the User must notify LOYAL CLUB LLC no later than 2 months before the Billing Date for which original invoices are needed.
5.8. Settlements under the Agreement are made in non-cash form.
5.9. Services are provided for an indefinite term, i.e., until the User declines them.
5.10. Upon expiration of the paid Tariff period, access to the relevant sections of the Site becomes unavailable.
6. RIGHTS AND OBLIGATIONS OF LOYAL CLUB LLC
6.1. LOYAL CLUB LLC shall:
6.1.1. Ensure Normal Functioning of the System.
6.1.2. Provide general user support by email at support@loyalclub.ru and by other methods specified on www.loyalclub.ru.
6.2. LOYAL CLUB LLC has the right to:
6.2.1. Suspend access to the User’s Personal Account if it considers the User’s actions to pose a threat to the security of Virtual Card users and/or the System’s own security and/or to violate applicable law.
6.2.2. Temporarily suspend provision of Services under the Agreement for technical, technological, or other reasons preventing provision of Services, for the period required to eliminate such reasons.
6.2.3. If payment for Services is overdue by more than 1 (one) calendar day, LOYAL CLUB LLC may suspend provision of Services to the User.
6.2.4. Delete all information about the User, including database data generated through use of LOYAL CLUB LLC’s service, if payment is absent for two months.
6.2.5. Verify information distributed via Virtual Cards for compliance with applicable law.
6.2.6. LOYAL CLUB LLC reserves the right to unilaterally change the Tariff and the terms of Service provision. Changes in Tariffs and payment methods are communicated by publication on www.loyalclub.ru.
7. RIGHTS AND OBLIGATIONS OF THE USER
7.1. The User shall:
7.1.1. Pay for Services within the established time and procedure. If paying by bank card, ensure that on the Billing Date there are sufficient funds on the bank card used to pay for LOYAL CLUB LLC services.
7.1.2. Comply with all requirements of LOYAL CLUB LLC set out in this Agreement and on www.loyalclub.ru.
7.1.3. Not abuse the capabilities provided for distribution and generation of Virtual Cards; not use, independently or through third parties, the Services and/or System capabilities for purposes that may qualify as infringement of third-party intellectual property rights, unfair competition, or other legal violations; not perform actions affecting normal System operation or constituting bad-faith use thereof.
7.2. The User has the right to:
7.2.1. Refuse payment or demand a refund of Tariff cost for improperly functioning System, provided the User notifies LOYAL CLUB LLC by sending an electronic message requesting deletion or correction of errors to support@loyalclub.ruand/or by registered mail to LOYAL CLUB LLC.
7.2.2. Demand a refund for a paid service that was not provided.
To request a refund of the paid amount, the User sends a refund application to support@loyalclub.ru.
Without a duly completed application, no refund is made to the User. For clarification on wording of the application text, the User may contact support.
7.2.3. Use the System in accordance with its intended purpose and the instructions posted on www.loyalclub.ru.
8. LIABILITY AND LIMITATION OF LIABILITY
8.2. LOYAL CLUB LLC is not responsible for the content of information used and posted by the User of the Virtual Card service.
8.3. For breach of the Agreement terms, the Parties bear liability established by the Agreement and/or applicable legislation of the Russian Federation.
8.4. Under no circumstances shall LOYAL CLUB LLC bear any liability under the Agreement for:
a) any acts/omissions that are a direct or indirect result of acts/omissions of the User and/or third parties;
b) any indirect losses and/or lost profits of the User and/or third parties, regardless of whether LOYAL CLUB LLC could have foreseen the possibility of such losses;
c) use (or inability to use), and any consequences of use (or inability to use), by the User of the payment method selected by the User under the Agreement, as well as use/inability to use by the User and/or third parties of any means and/or methods of transmitting/receiving information.
8.5. If the User breaches the Agreement terms, LOYAL CLUB LLC may suspend provision of Services until the User remedies the breach and fully reimburses (compensates) losses caused to LOYAL CLUB LLC by such breach, and/or terminate the Agreement by sending appropriate notice to the User’s email address specified at Registration. Upon termination on this ground, LOYAL CLUB LLC may recover, by retention, penalties and losses payable by the User under the Agreement.
9. FORCE MAJEURE
9.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the Agreement if proper performance becomes impossible due to force majeure, i.e., extraordinary and unavoidable circumstances under given conditions, including: prohibitive actions of authorities, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires, or other natural disasters.
10. DISPUTE RESOLUTION
10.1. All disputes related to conclusion, interpretation, performance, and termination of the Agreement shall be resolved by the Parties through negotiations.
10.2. If no settlement is reached, the dispute shall be referred to the Arbitration Court at the place of registration of LOYAL CLUB LLC.
11. WARRANTIES
11.1. During the term of the Agreement, LOYAL CLUB LLC will make every effort to eliminate any failures and errors, if they occur, as quickly as possible. At the same time, LOYAL CLUB LLC does not guarantee the absence of errors and failures, including with respect to software operation.
11.2. Except for warranties expressly stated in this Offer, LOYAL CLUB LLC provides no other express or implied warranties under the Agreement and expressly disclaims any warranties or conditions regarding non-infringement and fitness of the Services for the User’s specific purposes.
11.3. By agreeing to and accepting this Offer through acceptance of the Offer, the User (or User’s representative, including an individual duly authorized to conclude the Agreement on behalf of the User) represents and warrants to LOYAL CLUB LLC that:
11.3.1. The User (User’s representative) has provided accurate data, including personal data of the User (User’s representative), upon registration as a User on www.loyalclub.ru, and accurate data, including personal data of the User, when preparing payment documents for payment of Services.
11.3.2. The User enters into the Agreement voluntarily; the User (User’s representative):
a) has fully read the terms of the Offer;
b) fully understands the subject matter of the Offer and the Agreement;
c) fully understands the meaning and consequences of their actions regarding conclusion and performance of the Agreement.
11.3.3. The User (User’s representative) has all rights and authority necessary to conclude and perform the Agreement.
DETAILS OF LOYAL CLUB LLC
Organization name: LIMITED LIABILITY COMPANY “LOYAL CLUB” / LLC “LOYAL CLUB”
Legal address: 127495, Moscow, intracity territory, Municipal District Severny, Dmitrovskoe Highway, 165E, bldg. 7, premises 22/1
TIN: 9715518580
PSRN: 1257700492389
TRRC: 771501001
Phone: +79935878180
E-mail: support@loyalclub.ru
Bank details
Bank: Tochka Bank
BIC: 044525104
Settlement account: 40702810520000256427
Correspondent account: 30101810745374525104
TRRC: 771501001
This document constitutes an offer by Limited Liability Company “LOYAL CLUB” (hereinafter referred to as LOYAL CLUB LLC) to enter into a services agreement (hereinafter referred to as the Agreement) on the terms set forth below.
1. DEFINITIONS AND TERMS
1.1. For the purposes of this document, the following terms shall have the meanings below:
System means a computer program owned by the Contractor.
User means a legal entity or individual that has accepted the terms of the Agreement and uses the services provided by the Service.
Third-party card storage applications are mobile apps that allow users to upload, store, and use virtual loyalty cards. These include Apple Wallet (formerly Passbook) on Apple devices, as well as PassWallet, WalletPasses, Pass2Pay, and other compatible applications for Android devices and Google Pay. The .pkpass format (Passbook Pass File) is a standard virtual card format developed by Apple. It contains images, text information, and card data and may be used both in Apple Wallet and in compatible Android applications.
Virtual Card (also referred to as a Virtual card) means a software element consisting of a set of text data and images and representing a unit that can be added to Apple Wallet and Google Pay applications.
Template means a specific graphic and logical form according to which Virtual Cards are generated.
Personal Account means the User’s personal section on the website www.loyalclub.ru, provided as an interface containing tools required to use the System features.
API means a set of ready-made classes, procedures, functions, structures, and constants provided by the System for use in external software products.
User Registration means creation of a User account with assignment of credentials (login and password) used for sign-in.
Billing Date means the date of subscription fee payment; the Billing Date is the date of switching to the User’s current Tariff or the date of changing the payment period under the User’s Tariff.
Reporting Period means a period equal to 30 (thirty) calendar days for which calculations under the Tariff are made.
Tariff means a document specifying the System features, qualitative and quantitative limitations on System use, and the cost of access to the System with the specified characteristics.
Normal Functioning means availability of the website www.loyalclub.ru and operation of the System in accordance with the described System operation processes.
1.2. The Agreement, its appendices, and the website www.loyalclub.ru may contain terms not defined in Clause 1.1 of this document. In such case, interpretation of such a term shall be made in accordance with the text of this document. If the term cannot be interpreted unambiguously based on this document, interpretation shall follow: first, the legislation of the Russian Federation; second, definitions on www.loyalclub.ru; then, common usage on the Internet.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. The subject matter of the Agreement is provision to the User of access to the System via www.loyalclub.ru and ensuring operability of the System on the terms defined in this document, in the Tariff, and on www.loyalclub.ru.
3. PROCEDURE FOR SERVICE PROVISION
3.1.1. To obtain access to the System, the User registers on www.loyalclub.ru.
3.1.2. The set of functions and quantitative limits on the use of the System are defined in the Tariff.
3.1.3. A description of the System functions is publicly available on www.loyalclub.ru.
4. ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE AGREEMENT
4.1. The Agreement shall be deemed concluded at the moment it is accepted by the User. For the purposes of the Agreement, acceptance means registration on www.loyalclub.ru.
5. PRICE AND PAYMENT PROCEDURE
5.1. The cost of the Services shall be determined in accordance with the Tariff.
5.2. The User has the right to independently choose the payment period, additional services, and quantitative parameters from the options offered on www.loyalclub.ru.
5.3. The User shall pay for the Services on a 100% prepayment basis: 100% (one hundred percent) of the cost of Services for the Reporting Period, or 100% (one hundred percent) of the cost of additional Services, unless otherwise provided by the Tariff terms.
5.4. Due to LOYAL CLUB LLC’s use of the simplified taxation system, services provided by LOYAL CLUB LLC are not subject to VAT.
5.5. Services may be paid by bank card. In this case, recurring direct debiting of the subscription fee from the bank card specified by the User is performed according to the selected payment period and Tariff.
5.6. Services shall be considered rendered if, within 5 (five) business days from the Billing Date, LOYAL CLUB LLC has not received any claims regarding quality, scope, or timing of performance of its obligations.
5.7. Where necessary, LOYAL CLUB LLC sends invoices by email or via electronic document management (EDM/EDI) systems. If an original paper invoice is required by mail, the User must notify LOYAL CLUB LLC no later than 2 months before the Billing Date for which original invoices are needed.
5.8. Settlements under the Agreement are made in non-cash form.
5.9. Services are provided for an indefinite term, i.e., until the User declines them.
5.10. Upon expiration of the paid Tariff period, access to the relevant sections of the Site becomes unavailable.
6. RIGHTS AND OBLIGATIONS OF LOYAL CLUB LLC
6.1. LOYAL CLUB LLC shall:
6.1.1. Ensure Normal Functioning of the System.
6.1.2. Provide general user support by email at support@loyalclub.ru and by other methods specified on www.loyalclub.ru.
6.2. LOYAL CLUB LLC has the right to:
6.2.1. Suspend access to the User’s Personal Account if it considers the User’s actions to pose a threat to the security of Virtual Card users and/or the System’s own security and/or to violate applicable law.
6.2.2. Temporarily suspend provision of Services under the Agreement for technical, technological, or other reasons preventing provision of Services, for the period required to eliminate such reasons.
6.2.3. If payment for Services is overdue by more than 1 (one) calendar day, LOYAL CLUB LLC may suspend provision of Services to the User.
6.2.4. Delete all information about the User, including database data generated through use of LOYAL CLUB LLC’s service, if payment is absent for two months.
6.2.5. Verify information distributed via Virtual Cards for compliance with applicable law.
6.2.6. LOYAL CLUB LLC reserves the right to unilaterally change the Tariff and the terms of Service provision. Changes in Tariffs and payment methods are communicated by publication on www.loyalclub.ru.
7. RIGHTS AND OBLIGATIONS OF THE USER
7.1. The User shall:
7.1.1. Pay for Services within the established time and procedure. If paying by bank card, ensure that on the Billing Date there are sufficient funds on the bank card used to pay for LOYAL CLUB LLC services.
7.1.2. Comply with all requirements of LOYAL CLUB LLC set out in this Agreement and on www.loyalclub.ru.
7.1.3. Not abuse the capabilities provided for distribution and generation of Virtual Cards; not use, independently or through third parties, the Services and/or System capabilities for purposes that may qualify as infringement of third-party intellectual property rights, unfair competition, or other legal violations; not perform actions affecting normal System operation or constituting bad-faith use thereof.
7.2. The User has the right to:
7.2.1. Refuse payment or demand a refund of Tariff cost for improperly functioning System, provided the User notifies LOYAL CLUB LLC by sending an electronic message requesting deletion or correction of errors to support@loyalclub.ruand/or by registered mail to LOYAL CLUB LLC.
7.2.2. Demand a refund for a paid service that was not provided.
To request a refund of the paid amount, the User sends a refund application to support@loyalclub.ru.
Without a duly completed application, no refund is made to the User. For clarification on wording of the application text, the User may contact support.
7.2.3. Use the System in accordance with its intended purpose and the instructions posted on www.loyalclub.ru.
8. LIABILITY AND LIMITATION OF LIABILITY
8.2. LOYAL CLUB LLC is not responsible for the content of information used and posted by the User of the Virtual Card service.
8.3. For breach of the Agreement terms, the Parties bear liability established by the Agreement and/or applicable legislation of the Russian Federation.
8.4. Under no circumstances shall LOYAL CLUB LLC bear any liability under the Agreement for:
a) any acts/omissions that are a direct or indirect result of acts/omissions of the User and/or third parties;
b) any indirect losses and/or lost profits of the User and/or third parties, regardless of whether LOYAL CLUB LLC could have foreseen the possibility of such losses;
c) use (or inability to use), and any consequences of use (or inability to use), by the User of the payment method selected by the User under the Agreement, as well as use/inability to use by the User and/or third parties of any means and/or methods of transmitting/receiving information.
8.5. If the User breaches the Agreement terms, LOYAL CLUB LLC may suspend provision of Services until the User remedies the breach and fully reimburses (compensates) losses caused to LOYAL CLUB LLC by such breach, and/or terminate the Agreement by sending appropriate notice to the User’s email address specified at Registration. Upon termination on this ground, LOYAL CLUB LLC may recover, by retention, penalties and losses payable by the User under the Agreement.
9. FORCE MAJEURE
9.1. The Parties shall be released from liability for non-performance or improper performance of obligations under the Agreement if proper performance becomes impossible due to force majeure, i.e., extraordinary and unavoidable circumstances under given conditions, including: prohibitive actions of authorities, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires, or other natural disasters.
10. DISPUTE RESOLUTION
10.1. All disputes related to conclusion, interpretation, performance, and termination of the Agreement shall be resolved by the Parties through negotiations.
10.2. If no settlement is reached, the dispute shall be referred to the Arbitration Court at the place of registration of LOYAL CLUB LLC.
11. WARRANTIES
11.1. During the term of the Agreement, LOYAL CLUB LLC will make every effort to eliminate any failures and errors, if they occur, as quickly as possible. At the same time, LOYAL CLUB LLC does not guarantee the absence of errors and failures, including with respect to software operation.
11.2. Except for warranties expressly stated in this Offer, LOYAL CLUB LLC provides no other express or implied warranties under the Agreement and expressly disclaims any warranties or conditions regarding non-infringement and fitness of the Services for the User’s specific purposes.
11.3. By agreeing to and accepting this Offer through acceptance of the Offer, the User (or User’s representative, including an individual duly authorized to conclude the Agreement on behalf of the User) represents and warrants to LOYAL CLUB LLC that:
11.3.1. The User (User’s representative) has provided accurate data, including personal data of the User (User’s representative), upon registration as a User on www.loyalclub.ru, and accurate data, including personal data of the User, when preparing payment documents for payment of Services.
11.3.2. The User enters into the Agreement voluntarily; the User (User’s representative):
a) has fully read the terms of the Offer;
b) fully understands the subject matter of the Offer and the Agreement;
c) fully understands the meaning and consequences of their actions regarding conclusion and performance of the Agreement.
11.3.3. The User (User’s representative) has all rights and authority necessary to conclude and perform the Agreement.
DETAILS OF LOYAL CLUB LLC
Organization name: LIMITED LIABILITY COMPANY “LOYAL CLUB” / LLC “LOYAL CLUB”
Legal address: 127495, Moscow, intracity territory, Municipal District Severny, Dmitrovskoe Highway, 165E, bldg. 7, premises 22/1
TIN: 9715518580
PSRN: 1257700492389
TRRC: 771501001
Phone: +79935878180
E-mail: support@loyalclub.ru
Bank details
Bank: Tochka Bank
BIC: 044525104
Settlement account: 40702810520000256427
Correspondent account: 30101810745374525104
TRRC: 771501001