USER AGREEMENT «WELNY»
effective since September 18, 2018
This User Agreement (“Agreement”) is a legal license agreement between User and Administration, that sets forth the legal terms and conditions for User access to and use of website www.welny.ru, associated mobile application “Welny — online massage booking” (referred to as the “App”) administered by Administration.
THE USER UNDERSTANDS THAT BY USING THE WEBSITE OR APP AFTER THE EFFECTIVE DATE, USER AGREES TO BE BOUND BY THIS AGREEMENT. IF USER DOESN’T ACCEPT THIS AGREEMENT IN ITS ENTIRETY, USER MUST NOT ANY ACCESS OR USE THE WEBSITE OR THE APP AFTER THE EFFECTIVE DATE.
This Agreement is executed in two versions in English and Russian languages. In the event of any inconsistency between the Russian and the English versions, the Russian language version of this Agreement will prevail and be referred to in all matters.
1. GENERAL PROVISIONS
1.1. The following terms and definitions apply to this document and the resulting or related relations of the Parties: “Dashboard” (Account) means a personal section of the App access to which is grant to the User after registration and/or authorization in the Service, enabling identification of every User by Username and Password. The account contains information about the User and contains the main tools for using the App used for the purposes of this Agreement. “Administrator” means Welny LLC., a limited liability company incorporated and registered in Russian Federation with company number 5167746507572 whose registered office is at 26 Leninskaya Sloboda street, 5th floor, room 1-35, Moscow 115280, Russian Federation. “Administration” means Administrator or officials which are authorized managing App or to commit other acts of using this App by Administrator.
“Bonus points” means virtual units, which provide a discount on the Services.
“User” means any natural person, acting in its own interest or for other individuals, using the App.
“Registered user” means any natural person, acting in its own interest or for other individuals, using the App by registered Account.
“Contractor” means a qualified person who could directly provide the Services to Client in Russian Federation.
“Client” means Registered user, using App to get the Services provided by the Contractor;
“Content” means any information or materials, including, but not limited to, graphics, texts, any audio or video clips, design, interfaces or code hosted on the App by Administrator and User;
“Credits” virtual personal account of the Registered User, to gain access Bonus points residue information. Bonus points accountants by Administrator.
“Mobile App” (App) means iOS Mobile application software «Welny — online massage booking».
“Promotional code” means letters or numbers that Clients enter into a promotional box on a checkout page to get Bonus points, which provide a discount on the Inquiry.
“Internet-acquiring” means an App's service that allows Clients the option to submit a request to the Issuing Bank to pay for Services.
“Parties” means Administrator and User, and together referred to as the “Parties”. “RSS” (Rich Site Summary) means a type of web feed which allows users to access updates to online content in a standardized, XML format.
“Applications to supply services” (Inquiry) means a request from the Client to the Contractor to provide a cosmetic SPA- massage Services;
“Services” means cosmetic SPA-massage Services to perform by the Contractor. The list of all Services is contains in App.
“Cosmetic couch” means a folding, portable table for cosmetic procedures. The “massage table” for the purposes of this Agreement as equal to “Cosmetic couch”.
1.2. The present Agreement may contain other terms and definitions that are not specified in the paragraph 1.1. of the Agreement. In case of absence of unambiguous interpretation of the term or definition in the text of the Agreement or the Agreement for use of App should be guided by its interpretation determined: in the first place — by the laws of Russian Federation and in the future — good business practices and scientific doctrine.
1.3. Use of the App by any means and in any form within its declared functionality, including:
1.3.1. viewing materials hosted on the App;
1.3.2. registration and/or login to the App;
1.3.3. posting or displaying any materials on the App, including but not limited to such as text, hyperlinks, images, audio and video files, data and/or other information;
1.3.4. any other using, — creates an agreement on the terms of this Agreement in accordance with the articles 428, 437 and 438 of the Civil Code of the Russian Federation.
1.4. Using any of the possibilities for using the App, the User agrees to the above, that:
1.4.1. grants consent to the processing of the provided personal data by Administration in accordance with Section 9 of this Agreement;
1.4.2. familiarize yourself with the terms of this Agreement in full before using the App.
1.4.3. accept all the terms of this Agreement in its entirety without any exceptions or restrictions and the User agrees to comply with them or stop using the App. If the User doesn’t agree with the terms of this Agreement or do not have the right to conclude a contract based on them, User should immediately cease all use of the App.
1.4.4. Agreement (including any part of it) can be changed by the Administration without any notice. The new version of the Agreement will enter into force on the date of its posting by App Administration or bring to the attention of the User in a convenient form, unless otherwise provided by the new version of the Agreement.
2. TERMS AND CONDITIONS OF SERVICE USE
2.1. For the public Content it is possible to use the functionality of the App in a limited part viewing without a preregistration and/or authorization of the User in the App.
2.2. The rest of the App functionalities is allowed after the User registration and/or authorization in the App in accordance with the terms of this Agreement.
2.3. The list of additional functionalities of the App, the use of which requires preliminary registration and/or authorization is determined by the Administrator, at its sole discretion, and may change from time to time.
2.4. In order to create an Account, User shares to Administrator: telephone number and email address, which as equivalent to User’s Login, and generates Password for access a Dashboard.
2.5. Administrator sends a one-time password to the User's telephone number to complete registration. The User enters the one-time password into a form to complete registration.
2.6. The User agrees to provide true, accurate and complete personal information about himself/herself on the issues proposed in the registration form and from time to time update it as necessary, thus maintaining this information up-to-date. If a person provides false information or Administrator suspects that the User registration information is inaccurate, incomplete, inaccurate, violates the terms of this Agreement, or that the person is using someone else's data, the management has the right to suspend or cancel the registration and deny full access to all or some features of the App and/or delete the Account.
2.7. The Administrator reserves the right at any time to require the User to confirm the data specified during registration and to request supporting documents. Not granting of the supporting documents equated to provide false information which produce implications envisaged in article 2.6. If the data specified during registration are inconsistent with the data contained in the documents, the Administrator may at its own discretion suspend the access to the User’s Account or delete such an Account.
2.8. The User’s data in the Account is stored and processed by the Administration in accordance with the Section 9 of this Agreement.
2.9. The Registered user independently determines the conditions and procedure for the use of Account created by them, and other functionality of the App, which, however, under no circumstances may contradict of this Agreement.
2.10. A login and password are confidential information and will not be subject to disclosure to the third parties. All actions made by User's Login and Password in App are considered to be actions of the Registered User acknowledged with the provisions of the Agreement, either with the authorization of the Registered user's or with the knowledge.
2.11. User should have only one App Account with one Login. In case of repeated registration, the Administration reserves the right to block Account completely, remove it, or otherwise limit the App functionality for this User.
2.12. The User is not allowed to place inaccurate information, including but not limited to registration under the false data, to registration by Administrator's data, to use someone else’s mailing address.
2.13. The Administration reserves the right to refuse registration to the persons directly or indirectly related with the violation of the requirements of the legislation of the Russian Federation.
3. THE SUBJECT OF THE AGREEMENT
3.1. The Administration hereby grants to the User non-exclusive, nontransferable, royalty-free license to use App in the ways specified in the present Agreement.
3.2. Specified in article 2.6 license is provided the User to use the App during the territory it remains available, during the term of this Agreement.
3.3. The App is an online platform allowing Users to place Inquiries, pay and get Services from Contractors.
3.4. The User and the Administration acknowledge that App or Administration is not a party to any Services contracts between Clients and Contractors. Contractors are not an employee of Administration, and Administration does not, in any way, supervise, direct, or control the Contractors or Contractors Services, except as otherwise expressly provided in this Agreement.
4. APPLICATION PROCEDURE
4.1. The User has the ability using the App to place Inquiries get Services from Contractors. The prices that apply for the Services provided by the Contractors can be found through the App.
4.2. Before being to place Inquiry via the App, User must familiarize himself/herself with the documentation of the App, including form of the Service contract between Clients and Contractors.
4.3. User places the Inquiry at least four (4) hours in advance of Services, or it won't pass.
4.4. The order of registration of the Inquiry:
4.4.1. User selects Service from the list contained in App;
4.4.2. Supplies the requirements of Services, including but not limited to sex of a Contractor, the time and the address of receipt.
4.4.3. Supplies the additional information to make possible Services provided by the Contractors.
4.4.4. After a click the button “Book now” User confirms that all data inputs are correct.
4.4.5. User pays for Services by the payment card. Card number, month and year of issue, name and surname of the holder, CVV-code are indicated in the payment order form of the Internet-acquiring system. Administrator carries out information and technological interaction for access to payments. Administrator collecting payments from Clients to Contractors. The Client understands and agrees that Administrator acts in the name of involving an authorized payment processor (electronic money processor) Public Joint-Stock Company Promsvyazbank and receives the payment as an agent. Public Joint-Stock Company Promsvyazbank as an authorized payment processor (electronic money processor) provides payment services for Clients. The Administration does not warrant that the operation of the App with a view to enabling cashless payments is not an error- and failure-free. The Client understands and agrees that Administrator has no access to the payment card data specified by the User and will not be liable for safety and confidentiality of any data transmitted during cashless payments. The Administrator will not be liable for the issuing bank actions, acquirer bank and third parties’ actions. Administrator does not process (keep) payment card details. Administrator is responsible for determination of Service value and bringing payment information to the Internet-acquiring system.
4.4.6. Information about the status of Inquiry is entered the Account after confirming the submitted application and payment of the Contractor's Service. The following information is entered: type of the Service, sex of a Contractor, the time and the address of receipt, address, Contractor’s name, Contractor’s telephone number.
4.4.7. The moment of payment the Service is the receipt of funds due to the Contractor to the Administrator's bank account.
4.5. Within 2 (two) hours the Administrator with the App functionality carries out the search and approval of the Contractor. The information of the approval process is displayed in the Account.
4.6. The Administrator reserve the right to refuse using App to anyone Client without explaining the reasons by canceling the Application. The Application have paid and canceled will be refunded by Administrator.
4.7. The Client has the right to cancel the submitted application. Refunds are made in the following order:
4.8. In case User cancels a booking 10 minutes before Services has been a receipt, Administrator returns payment-in-full.
4.8.1. In case User cancels a booking less than 10 minutes before Services has been receipt, but more than 5 minutes before Services has been receipt, Administrator will charge User a cancellation fee, which fee will at least amount the 30% of payment.
4.8.2. In case User cancels a booking less than 5 minutes before Services has been receipt, Administrator will charge User a cancellation fee, which fee will at least amount the 100% of payment.
4.9. Refunds will be sent to the card-issuing bank within 30 calendar days of receipt of the cancellation request.
4.10. The procedure of payment also regulated by rules of international payment systems, banks (including the bank issuing the Linked Card) and other parties to settlements.
5. RIGHTS AND OBLIGATIONS OF THE USERS
5.1. User is obliged to use the App for the purpose intended and in the manner determined by the Agreement. In order to use the App, the User agrees to provide reliable and full information about himself/herself and will keep this information up to date. Otherwise, the Administrator is not responsible for the use of the App by the User and third parties, and also Administrator may at its own discretion suspend the access to the User’s Account or delete such an Account.
5.2. In particular, User undertakes to abstain from:
5.2.1. Using the App, User agrees not to perform the following actions: posting, disseminating, saving, downloading or removing of: materials that commercial; materials that offer to use any another service booking websites, mobile websites, apps; materials that are defamatory, libelous, knowingly false or inaccurate, obscene, pornographic, indecent, abusive, vulgar, bigoted, racially offensive, hateful, harassing, profane, sexually oriented, threatening, offensive or invasive of personal privacy; materials that infringe any intellectual property or other right of any person or entity, including but not limited to, trademarks, copyrights, moral rights, trade secrets, patents, confidentiality restrictions, privacy rights or proprietary rights; materials that falsify or delete author attributions, legal notices or other proprietary designations; materials that advertise, market, or otherwise solicit funds or the sale of goods or services or that is for commercial purposes or intended to promote or generate revenue for any business enterprise or commercial activity; materials that knowingly contain any harmful components that may cause damage to any computer related system or that may interfere with the use of our system; materials that violate any law, constitute, encourage or advocate conduct that would be considered a criminal offense, illegal activity or give rise to civil liability, or discuss illegal activities with the intent to commit them; materials that do not generally pertain or relate to the designated topics or subtopics of the message board to which they are posted or that constitute chain letters, pyramid schemes, or similar solicitations; any other materials if User doesn’t have the right to use that.
5.2.2. Removing and / or modify any Content of the App, except information Registered User placed in the Account;
5.2.3. Copying, disclosing, distributing and otherwise using the personal information and all data, including, but not limited to, telephone numbers, e-mail addresses of the Contractors, for purposes not covered by this Agreement;
5.2.4. Using other Users account information (Login and Password);
5.2.5. Offering to Contractors to place their personal information on another service booking websites, mobile websites, apps;
5.2.6. Sharing own registration information (Login and Password) to other persons.
5.3. Despite the confines, by using the App you can get the materials, which may find offensive or obscene, or in other form violating the applicable law, the rights and/or interests of third parties. In case of detection of violation, the User will immediately notify in writing at Administrator email.
6. RIGHTS AND OBLIGATIONS OF THE ADMINISTRATOR AND ADMINISTRATION
6.1. The Administrator may, from time to time, without prior notice modify, amend, or supplement App's interface, Content, algorithms, source codes, functionality or other App’s elements and objects.
6.2. If there are doubts about the legitimacy of using the App by the Registered user, Administrator may at its own discretion suspend the access to the User’s Account or delete such an Account.
6.3. In case of suspected that Registered user's account using by another person, Administrator may at its own discretion suspend the access to the User’s Account or delete such an Account.
6.4. In case Administrator have been receipt of complaints from Contractor about using by User his/her personal information or data for the purposes other than this Agreement, including, but not limited to, placing Contractor’s personal information on other booking websites, mobile websites, apps, offering to place on other booking websites, mobile websites, apps, without consent for their personal data to be using that, Administrator may at its own discretion suspend the access to the User’s Account or delete such an Account.
6.5. Administrator keeps track of the actions of the Registered user’s IP-addresses. In case of suspected that different Registered User’s Accounts using the same IP-address, Administrator may at its own discretion suspend the access to the User’s Accounts determine the reasons.
6.6. The Administrator will reserve the right to engage third parties for the execution of this Agreement, should it be reasonably deemed necessary.
7. INTELLECTUAL PROPERTY
7.1. The texts, graphics and editorial materials, data, layouts, graphics and drawings, designs, source codes, interface appearances, photos, sound materials, images, software, video materials, fonts and other properties appearing within App displayed in the App are protected intellectual property under both Russian Federation and foreign laws and includes all forms, existing technologies and non-existing technologies and others.
7.2. All copyright and other intellectual property rights in App is owned by Administration and protected by the copyright laws of Russian Federation, international copyright treaties and all other applicable copyright and intellectual property laws. This provision does not apply to the User's Content, in the cases provided for in this Agreement.
7.3. The User is allowed to view, browse and print material from the App for his/her own personal use only.
7.4. Except for use as expressly provided under this Agreement or legislation of the Russian Federation, the User may not copy, download, process, reconfigure, broadcast or perform other actions with the Content of the App without written permission of the Administrator. Use of the App Content for any purpose not expressly permitted by this Agreement is strictly prohibited and entail national and international laws' responsibility.
7.5. Users that received written permission to use materials or any Content from the App, undertakes to observe the following conditions:
7.5.1. Materials from App can be used only with resource link;
7.5.2. When reproducing materials, the reprocessing of their original text is not allowed. Abridgment or recompiling of material parts is allowable, but so that it would not distort material meaning;
7.5.3. When using materials in press digests the reprocessing of their original text is not allowable, if it would distort original materials meaning;
7.5.4. The User is liable for the distortion of material meaning that is due to its incorrect reproduction;
7.5.5. It is forbidden to include in RSS-mailing lists messages, which are fully identical to the App materials.
7.5.6. Any use of the materials published on this App with outside license is prohibited and written permission can’t be given.
7.6. The App features and functionality (including but not limited to all information, algorithms, source codes), are commercial secret and available to Users only in connection with the use of the App. A violation of this part of agreement is a violation of the rights of the Administrator and laws of Russian Federation, international copyright treaties and all other applicable copyright and intellectual property laws and also may lead to a suspension of User's Account.
8. INFORMATION SECURITY
8.1. All responsibility for the contents of the Content, personal data, Inquiry's data and their compliance with the requirements of applicable law, and with the requirements of this Agreement is the responsibility of the Registered User who posted it in the App.
8.2. The Administrator does not take any responsibility for any incorrect use of the information posted in App, by Users or third parties, which occurred without notification to the Administration with violation of information security of the Service, or without.
8.3. The administration does not carry the responsibility for reliability of the information in the App, because the App is a means of conveying information.
8.4. The Administrator exerts all possible efforts to verify the contents of the Content submitted by Users, including relevance, authenticity and security of such Content or its components, but all responsibility for the contents of such Content and its compliance with the requirements of applicable law is the responsibility of the User who created this Content and/or posted it in the App.
8.5. On the web environment, the process of user identification is more difficult. The Administration does not carry the responsibility for authenticity of such Registered User’s personal data. The Administration is removed from any liability in connection with the violations committed by such Registered User and in connection with causing any harm or loss under the above mentioned circumstances.
8.6. By using the App, User agrees not to violate or attempt to violate not information security of the App, which includes:
8.6.1. Accessing data not intended for the User, or login at the Login does not belong to the User;
8.6.2. Attempts to check security vulnerability of the App, violation of the registration and authorization without permission App;
8.6.3. Attempts to interfere with the use of the App to other Users, includes a distribution of computer viruses, data corruption, etc.
8.6.4. Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the App.
8.6.5. Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the App other than the search engine and search agents available in the App.
8.7. The User will ensure observance of conditions specified in the legislation of the Russian Federation regulating the protection of information during the whole validity period of this Agreement.
8.8. Any such violations may result in criminal and/or civil penalties against you. Administration will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
9.1. The User hereby confirms that he/she give consent to the following operations by Administration with personal data herein: collection, systematization, accumulation, storage, updating (correction, alteration), use, transmission (dissemination or otherwise making available), impersonalizing, blocking, erasure and other activities in the cases stated by the legislation of the Russian Federation. The conclusion of this Agreement is the date of issue of this consent.
9.2. The processing of the User's personal data is carried out solely for the purposes of this Agreement, registering the User in the App database with subsequent sending to the User of e-mail messages and SMS notifications, including advertising content, from Administration, its affiliates and / or subcontractors, news and newsletters, invitations to the activities of Administration and other information of advertising and news content, as well as to verify the identity of the User when placed the Inquiry.
9.3. Personal data collected when User access, interact with or operate the App includes: data which the User provides about himself/herself independently in case of registration, authorization or in the course of App use, including personal User information; data which are transferred in the automatic mode in the course of their use by means of the User of the software intended for Internet access established on the device including the IP address, information from cookie, information on the browser, access time, the address of the required page.
9.4. Personal data processing of Personal data subject could be carried out by automation equipment and/or without automation equipment according to the current Russian legislation and Administration internal regulations.
9.5. The User also understands and agrees that Administration and other persons who had contract with administration, Contractors have access to User's personal data with the consent of the User.
9.6. In order to protect personal data from unauthorized or accidental access, destruction, modification, blocking, copying, provision, dissemination of personal data, as well as other illegal activities regarding personal data, Administration establishes its necessary legal, organizational and technical steps, ensures their acceptance.
9.7. While processing User's personal data, Administration transfer User's personal data to the entities which act as the Administration’s processors. The Administration’s processors act exclusively on the basis of the contracts, and confidentiality agreements with Administration.
9.8. The User agrees that the Administration may collect impersonal statistical data about Users of the App, including but not limited to targeting of advertising.
9.9. The Administrator is not responsible for any incorrect use of the personal data, which can occur due to:
9.9.1. Technical problems that has arisen in App's or any other software, servers or computer networks that were beyond the control of the Administration;
9.9.2. Interruptions in the App as a result of the third party's actions.
9.9.3. In case the “login” and the “password” of the access to the App, was deliberately or casually transmitted by the User to the third parties or became known to the third parties for any other reasons.
9.10. The User is committed to comply with the law on personal data protection in accordance with the Federal Law of 27.07.2006 N 152-FZ (ed. By 25.07 .2011) “Personal Data”, including:
9.10.1. Use personal data solely for the purposes of implementing this Agreement and in accordance with the procedure provided for by the current legislation of the Russian Federation;
9.10.2. Do not transfer personal data to a third party;
9.10.3. Do not disclose information that the personal data of any individual is in the App and that they have been received by the User from the Administration;
9.10.4. Assumes all obligations of Operator by Federal Law of 27.07.2006 N 152-FZ, when keeps personal data either electronically or in paper (hard) copies.
9.10.5. Do not offer subjects to transfer their personal data to another booking app, website or database.
9.10.6. The requirements related to personal data available to the user are retained by Administration, but the responsibility for violations is borne by the User.
9.11. Accepting the terms of this Agreement, the User also agrees that Administration may transmit personal data to law enforcement agencies of the Russian Federation in cases stipulated by the legislation, as well as to the judiciary, and to the other User upon request.
9.12. The user has the right to be forgotten. If the User wishes to exercise the right to withdraw the consent, he/she may at any time directly contact firstname.lastname@example.org. In case of revocation of this consent to personal data processing by the User, Administration, having grounds specified in paragraphs 2-11, part 1, clause 6, part 2, clause 10 and part 2, clause 11 of the Federal Law of July 27, 2006, No. 152-FZ “On Personal Data”, is entitled to continue the User’s Personal data processing. In the absence of the aforementioned grounds, Administration ceases the User’s personal data processing and destroys the personal data within a term, not exceeding thirty calendar days, starting from the day of acceptance of the revocation specified herein.
10. CONFIDENTIALITY OF THIS AGREEMENT
10.1. As a result of this Agreement, User may obtain documents and information relating to App and Administration, and all such documents and information will be considered Confidential Information. Unless otherwise agreed by the parties. 10.2. The User will maintain the confidentiality of the confidential information and will not use for any purpose (other than as specifically contemplated by this Agreement) or disclose without the consent of the Administration. 10.3. This regulation does not apply to law enforcement agencies of the Russian Federation in cases stipulated by the legislation, as well as to the judiciary, upon request. If the User or authorized representatives are required by law to disclose any confidential information to government authorities of the Russian Federation or government authorities of foreign countries, as well as other bodies authorized by law to require under duly completed Inquiry to disclose the confidential information, the User will immediately give written notice about the fact of any such disclosure to the Administration and take all reasonable steps to ensure confidentiality. 10.4. User will not disclose the confidential information to any of its representatives other than those who have a need to fulfill their official (labor) and/or civil duties and which representatives are legally obligated to honor the confidentiality provisions herein.
11. LIABILITIES OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURE
11.1. Access to App is provided on an “as is” basis with no warranties whatsoever. In no event will the Administration be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the App or the use or other dealings in the App. ADMINISTRATION DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
11.2. The Administration is in no way related to the Content placed (including translated) by the Users in the App, and will not check it or check the substance, authenticity and safety of the Content or its components, including meeting the requirements of the applicable legislation and the Users having the required scope of rights to use it. All the responsibility for the Content and its correspondence to the applicable legislation will be borne by the person who created this Content and/or added it into the App.
11.3. Administration cannot guarantee that the App, server and computer network used by App are free from computer viruses or other sources of error. The Administration cannot be held liable for damage or loss arising in connection with the loss of data or equipment damage.
11.4. User fully responsible for any breach of the terms of this Agreement. The damage caused by violation of the terms of this Agreement will be compensated in full by the User that caused it. The Administration will not be liable for any indirect damages, including lost profits of User or other third party, arising out or resulting from the User's actions.
11.5. If the Administration is held liable or awarded a punishment due to your infringements of rights and/or interests of third parties, as well as legally set prohibitions or limitations, User will have to settle the claims by himself/herself and expenses compensate the Administration losses in full.
11.6. All disputes and discords which may arise out of or in connection with this Agreement will be settled as far as possible by means of negotiations between the Parties.
11.7. All disputes of the parties arising out of this Agreement will be resolved through correspondence and negotiations with a mandatory pre-trial (pre-action) procedure. In case of failure to reach agreement between the parties through negotiations within ten (10) calendar days following receipt of a written claim by the other party, the dispute will be submitted by any interested party to the court.
11.8. All disputes arising out of or in connection with this Agreement are subject to jurisdiction of courts at the Administration’s location in accordance with the current procedural law of the Russian Federation.
12. LIMITATION OF LIABILITY
12.1. The Administrator grants the non-exclusive license to use the App to the terms and conditions of this Agreement.
12.2. Administration doesn’t provide Services, Administration only provide a platform for communication between Contractors and Clients, and as such Administration disclaims any and all liability relating to Client interactions with any Contractor or other Client.
12.3. Responsibility for the provision of Services rests with the Contractors. Administration will have no liability to User for any statements or representations, actions and Services provided by the Contractor to User as a result of use of the App. Any claims or causes of action arising out of any action or inaction of Contractor, will be exclusively between User and the Contractor and not Administration.
12.4. Administration is not a participant in the settlements and not responsible or liable for errors or obligations by the issuing bank, acquirer bank, or other participants in the settlements. Administration will have no liability to User for unauthorized debiting of funds from a payment card that is not attributable to the negligence or misconduct of Administration.
12.5. Administration has no way to monitor or validate, and will not be responsible or liable in any way for, any obligations or activities of the Contractors, including:
12.5.1. Low quality of Services, provided by the Contractor;
12.5.2. Nonconformity of the Contractor 's appearance, his/her qualification, level of professionalism and other qualities of the Contractor to the Client's expectations;
12.5.3. Refusal to provide services / delay in the provision of services by the Contractor;
12.5.4. Non-compliance with sanitary standards by the Contractor;
12.5.5. Contractor causes injury of life/health or property damage to the Client.
12.6. Administration will have liability to User for causes injury of life/health or property damage that is attributable with the guilt of Administration.
12.7. In all circumstances, the responsibility of the Administration is limited to the cost of such Service and is assigned to it solely in the presence of Administration’s guilt actions.
12.8. The calculation of the amount of a User’s compensation is carried out in accordance with the Administration's set-off regulations. The User undertakes to provide the Administration with all the information necessary for the latter to calculate the amount of compensation payable to the User.
13.1. The Registered User has the right to apply to the Administration with a waiver to block and / or delete Account. Any waiver to be effective must be in writing.
13.2. Notices will be deemed properly delivered and received when delivered to the Administration: in writing if sent via facsimile; if sent via email; as well as in any other way, to establish the fact of receiving a notice.
13.3. User consents, that Administration may (at any time and without prior warning of such person) send marketing emails and SMS text messages, such as newsletters, offers and promotions to the e-mail addresses, mobile phone numbers specified at registration.
13.4. When User use App, he/she can access Contractor's personal data. The User cannot use the Contractor's personal data for distribution of promotional materials for personal messages without their prior consent to receive them (spam).
13.5. The User accepts the provision that all materials and services of the App or any part thereof may be accompanied by advertising. The User accepts the provision that Administration has the right to post advertising information in App. The Administration reserves the right to determine the content and volume of advertising in the App.
13.6. The User accepts to receive regular notifications from the Administration including information and advertising via e-mail and SMS-messages. The User has the right to cancel their consent to receive notifications (except technical notifications) by sending a refusal. The refusal is considered to be properly directed and received if it was received in writing or by e-mail.
13.7. The Administration has the right to carry out various marketing and advertising campaigns aimed at the participation of Registered Users in order to get Promotional codes that provide Bonus points. The rules and procedure for participation in such actions, their terms of validity and other conditions for their conduct are determined by the Administrator by a special document. The User can get information about Bonus points in the section “Credits”.
13.8. Upon completion of each Service, User agrees to submit suggestions or testimonials about Contractor and Contractor's Service. Negative suggestions or testimonials will, be one of the reason for such delete of Contractor from App's database.
14. OTHER TERMS OF THE AGREEMENT
14.1. This Agreement constitutes the entire agreement between the User and the Administration and supersedes all prior or contemporaneous agreements or representations, whether written or oral, regarding the procedure for using the App.
14.2. This Agreement, its conclusion and execution as well as all matters regulated hereby will be governed by the current legislation of the Russian Federation. All other matters that go beyond the scope of this Agreement will be governed by legislation of the Russian Federation.
14.3. If for any reasons one or several provisions of this Agreement are declared invalid or unenforceable, it will not affect the validity or enforce ability of the remaining provisions hereof.
14.4. The order of unilateral termination:
14.4.1. Within ten (10) days from the date of receipt of the appropriate written request by the Administration;
14.4.2. Unilateral termination to the Agreement, made by the Administration, will come into force within 3 (three) calendar days following the publication of such changes on: https://welny.ru/terms/
14.5. The termination of this Agreement will not entail invalidity of the previously assumed obligations of the Parties.
14.6. Any questions to the Administration will be sent to email: email@example.com
N 1 ANNEX TO USER AGREEMENT “WELNY”
effective since March 14, 2018
RULES OF RENDERING SERVICES
1. GENERAL PROVISIONS
1.1. These rules represent a document, that contains a set of recommendations for the Contractors and Clients guided by them to concluding and executing Services contract between them. Another interpretation of this document is not allowed.
1.2. The rules outlined in Section 4, also informs to Clients by Administration. (The Administration informs the Clients such rules outlined in Section 4) Rules would also be made available to the public on the Website of App.
1.3. The Administration doesn’t provide any cosmetic or another Services, Administration is not a party to any Services contracts between Clients and Contractors. The contract about a rendering of Services will be concluded between the Client and the Contractor. In case of improper performance by the Contractor of his/her duties under the contract about rendering of Services, the Client is entitled to requirement initiated under non-fulfillment or under inappropriate fulfillment of contractual obligations. In case of improper performance by the Client of his/her duties under the contract about rendering of Services, the Contractor is entitled to requirement initiated under non-fulfillment or under inappropriate fulfillment of contractual obligations.
1.4. The User understands, accepts and agrees that Rules are an integral part of the Agreement.
1.5. The Administration has the right to unilaterally amend these Rules.
2. CONTRACTOR REQUIREMENTS
2.1. The Contractor should look dignified and professional and adhere to the recommended style.
2.2. The Contractor must comply with these Rules. The Contractor has a duty to conclude a contract about a rendering of Services with the Client. The Contractor undertakes not to exchange contacts with Clients.
2.3. The Contractor's phone must be in active mode.
2.4. On the beginning and upon completion of the Services the Contractor will notify the Administrator.
2.5. The Contractor is obliged to provide the Services in time and by the address specified in the Inquiry. The Contractor will not be entitled to refuse the contract about rendering of Services and/or change the place and time of the provision of the Services.
2.6. For Contractor, smoking is prohibited in providing Services and before. Contractor undertakes not to disseminate information about the Services provided by third parties and / or Contractor's services provided by the Contractor without App.
2.7. The Contractor cannot be under the influence of alcohol or other intoxicating substances.
2.8. Additional requirements may be established for the Contractor including the Partner Guidelines.
2.9. The Contractor must have:
2.9.1. Cosmetic couch;
2.9.2. Cosmetic for the skin;
2.9.3. Player (for music playing);
2.9.4. Disposable sheets;
2.9.5. Disposable towels;
2.9.6. Recommended clothes, includes: T-shirt with a logo, dark pants, clean socks.
3. CLIENT REQUIREMENTS
3.1. It will be the duty of the Customer to comply with punctuality. The duration of the provision of the Service does not increase, and the cost of rendering the Service does not decrease, if Contractor provides Services out of time due to the fault of the Customer (including non-compliance with clauses 3.2, 3.3, 3.5, absence of the Customer at the address).
3.2. The Client is obligated to clean skin before the provision of the Service. The Contractor is entitled to pause to provide the Service if the Client has not cleansed skin.
3.3. The Contractor is entitled to pause to provide the Service if the Client has not removed the clothes (except for underwear), jewelry, accessories.
3.4. The Client is obligated to refrain from eating, eating is allowed at least 1 (one) hour before the provision of the Service.
3.5. The Contractor is entitled to refuse to provide the Service if the Client intoxicated by alcohol, toxic substances or drugs.
3.6. It is not allowed to use tea and caffeine-containing drinks in such day.
3.7. The Client undertakes to inform Contractor about:
3.7.1. allergic disease;
3.7.2. skin damage;
3.7.3. dermatologic disease;
3.7.4. upon contraindications mentioned in 3.8 this Rules.
3.8. Contraindications, including, but not limited to:
3.8.1. elevated body temperature (above 36,8 degrees Celsius);
3.8.4. purulent discharge;
3.8.5. dermatologic disease;
3.8.6. peripheral blood vessels, the peripheral nervous system and the consequences of vascular damage to the central nervous system.
3.8.7. vessels in brain and spinal medulla, peripheral and spinal nerve pathologies, diseases in the sphere of neuro-oncology and neurosurgery;
3.8.8. vascular disease;
3.8.9. aortic aneurysm;
3.8.10. allergic disease with skin eruptions;
3.8.11. diseases of the abdominal cavity and retroperitoneal space;
3.8.12. diseases of the autonomic nervous system;
3.8.13. acute or chronic osteomyelitics;
3.8.16. mental illnesses;
3.8.17. circulatory insufficiency;
3.8.19. myocardial ischemia;
3.8.20. pronounced sclerosis;
3.8.21. acute respiratory infections (ARI);
3.8.22. acute respiratory viral infections;
3.8.23. venereal disease;
3.8.24. nausea, vomiting and abdominal pain;
3.8.25. diseases in the sphere of neuro-oncology and neurosurgery;
3.8.26. pulmonary — warmhearted insufficiency;
3.8.27. postoperative period;
3.8.29. thromboangiitis obliterans;
3.8.32. oncological disease.
3.9. Before applying Services, you should consult with such specialist on the presence or absence of any contraindications.
3.10. The Client is obligated to follow the recommendations of the Contractor during the provision of the Service and after.
3.11. The Client is obligated to report pain during the provision of the Service.
3.12. It will be the duty of the Customer to comply with civility.
3.13. The Client undertakes, furthermore, to refrain from causing harm to Contractor's life, health and property. For obligation that default of present rule Client is liable in accordance with the legislation of the Russian Federation.