This is a courtesy translation. The legally binding version of this document is the Armenian one. In the event of any discrepancy between this English text and the Armenian original, the Armenian version prevails. Read the Armenian version.
1. THE PARTIES
This Public Offer (hereinafter, the “Offer”) sets out the terms on which access to the loyalita digital loyalty platform (hereinafter, the “Platform”) is provided. The services are supplied by:
Gurin Dmitrii IE
(individual entrepreneur registered under the laws of the Republic of Armenia)
ՀՎՀՀ (TIN): 1708821015
Address: Yerevan, Republic of Armenia
Website: https://loyalita.am
Contact email: hello@loyalita.am
Phone: +374 55 117479
Hereinafter, the “Provider”. A person using the Platform for business purposes who has accepted the terms of this Offer is hereinafter referred to as the “Client”.
2. ACCEPTANCE OF THE OFFER
2.1. The Client accepts this Offer in full, without exceptions or reservations.
2.2. Acceptance means carrying out one or more of the following: registering on the Platform, creating a Personal Account, pressing the button confirming agreement with the Offer, selecting a tariff plan, paying for the Services, or actually starting to use the Platform.
2.3. From the moment of acceptance, a contract arises between the Provider and the Client on the terms of this Offer.
3. THE PLATFORM AND THE SERVICES
3.1. loyalita is a digital B2B platform for creating and managing business loyalty programmes. The Provider grants remote access to the Platform's functionality on a SaaS basis.
3.2. Depending on the tariff plan selected, the Platform may allow the Client to:
- create digital loyalty cards and issue them for Apple Wallet and Google Wallet;
- create QR codes for enrolling customers into the programme;
- manage programme members, bonuses, discounts and special offers;
- send the push notifications provided for by the Platform;
- use promo codes and obtain statistics on programme usage.
3.3. The specific functionality is determined by the tariff plan selected and may be changed and extended by the Provider.
4. TARIFFS AND PAYMENT
4.1. Tariff plans are published at https://loyalita.am. Prices are stated in ֏ and include ԱԱՀ at the rate established by law.
4.2. Payment is made by bank transfer to the Provider's account. Access to the Platform is granted for the billing period paid for.
4.3. Changes to tariffs do not apply to billing periods already paid for.
5. THE CLIENT'S OBLIGATIONS
- comply with the applicable law regarding customer data;
- not use the Platform for unlawful purposes;
- keep billing and contact details up to date;
- ensure there are lawful grounds for end customers' participation in the programme.
6. THE CLIENT'S END CUSTOMERS
6.1. The Client independently sets the terms of its loyalty programme and its relations with its end customers. The Provider is not a party to those relations.
6.2. The Client is solely responsible for the content of the programme, the discounts and bonuses offered, the accuracy of promotional information and the performance of obligations towards end customers.
6.3. The Provider does not guarantee any particular number of new customers, repeat purchases or any other economic result from use of the Platform.
7. PERSONAL DATA
7.1. When using the Platform, the Client may transfer the personal data of its end customers. In respect of such data the Client acts as the controller and independently determines the purposes and legal bases of processing.
7.2. The Provider processes such data solely for the purpose of supplying the Services and in accordance with the Client's instructions.
7.3. The Client must independently ensure there is a lawful basis for collecting, using and transferring its customers' personal data to the Provider, and must give those customers the necessary information about the processing of their data.
7.4. Processing is carried out in accordance with the Law of the Republic of Armenia on the Protection of Personal Data and the Privacy Policy.
8. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
8.1. The parties undertake not to disclose each other's non-public commercial and technical information to third parties, except in the cases provided for by law.
8.2. The Platform and all related intellectual property rights belong to the Provider. The Client retains the rights to the content it uploads to the Platform.
9. AVAILABILITY AND LIABILITY
9.1. The Provider endeavours to keep the Platform running without interruption but does not guarantee the complete absence of errors, interruptions or technical incidents. The Client is notified of planned maintenance in advance where possible.
9.2. The Provider is not liable for the Client's loss of profit, nor for damage caused by failures of communications networks, internet providers, mobile operators or other third parties.
9.3. The Provider's liability is limited to the amount actually paid by the Client for the last billing period.
10. DURATION AND TERMINATION
10.1. The Client may stop using the Platform at any time. Settlement for a paid but unused period is carried out in accordance with the law of the Republic of Armenia.
10.2. The Provider may suspend access in the event of late payment or a material breach of this Offer, having given the Client prior notice except in urgent cases.
11. AMENDMENTS TO THE OFFER
The Provider may amend this Offer. The current version is published on the website, stating the date of publication. Continued use of the Platform after changes means they are accepted.
12. GOVERNING LAW AND DISPUTES
12.1. This Offer is governed by the law of the Republic of Armenia.
12.2. Disputes are resolved through negotiation. Failing agreement, the dispute is subject to consideration by the competent court of the Republic of Armenia.
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