User License Agreement
User License Agreement
This Agreement is legally binding on all the Users using our Mobile App for intended purposes. Every user must carefully read the Agreement and accept it Terms before using the Mobile App.
The Administrator and the User are collectively referred to as the “Parties” and individually as a “Party”.
This Agreement is applicable to an unlimited number of individuals, individual entrepreneurs and entities with legal capacity in compliance with the legislation of the Users’ country of residence which grants them rights to enter into legal relations with the Administrator under the conditions set forth in the Agreement.
As the Administrator is unable to objectively pre-moderate (check) the User, including information about them, it is presumed under this Agreement and the User acknowledges and agrees that they have sufficient legal capacity to enter into legal relations with the Administrator under the conditions stated hereof; in case, the User is represented by any entity, it is acknowledged and agreed that the representative has legal and actual authorities to act on behalf of this entity.
1. AGREEMENT ACCEPTANCE
1.1. Agreement Acceptance is instituted through concludent actions by the User indicative of their intent and willingness to enter into legal relations with the Administrator and receive the services offered by the Administrator.
1.2. Concludent actions include the registration of the User in the Mobile App and actual use of the Mobile App with intended purposes including but not limited to browsing the Mobile App.
1.3. To register in the Mobile App, the User must fill in the registration form of the Mobile App providing certain data and information about themselves. The list of required data and information is defined in the Administrator’s sole discretion who may add mandatory fields (entries).
1.4. Using the Mobile App the next time, the Administrator is entitled to unilaterally require other additional information about the User which was not necessary during the registration process.
1.5. Agreement Acceptance implies awareness, understanding the terms and conditions hereof individual and collectively, full and unconditional consent of the User with all the statements and requirements set forth in the Agreement. In case of the User’s disagreement with any statements and requirements hereof, the User must abandon and/or stop using the Mobile App.
1.6. From the date of this Acceptance Agreement, it is considered that the User has entered into legal relations with the Administrator under the terms and conditions hereof.
2. DEFINITIONS OF TERMS USED IN THE AGREEMENT
2.1. For purposes of this Agreement, the terms below have the following meaning:
2.1.1. Mobile App is a mobile application “MiO Bonus” facilitating information reviewing and browsing by the User about the Partner and Products and/or Services offered by the Partner provided that the User has certain hardware and software (smartphone, mobile phone, tablet or similar gadgets).
2.1.2. Partner is an entity or an individual entrepreneur offering their Products or providing Services to the Users through the Partner’s Points of Sale.
2.1.3. User is any individual registered in the Mobile App and using the Mobile App for searching and choosing the most convenient address of the Partner’s Points of Sale for buying the Partner’s Products and/or Services.
2.1.4. Administrator is MIO BONUS LLC registered in accordance with the legislation and jurisdiction of the USA including its authorized representative (moderator, manager or another official at the election of the Administrator) providing the Mobile App to the Users under the conditions set forth in this Agreement.
2.1.5. Product is any item, object, property, equipment etc. disregarding the form of expression and offered/sold by the Partner to the Users.
2.1.6. Service is any service, task, action or a range of services/tasks/actions disregarding the type and the focus and provided by the Partner to the Users.
2.1.7. Partner’s Point of Sale is any stationary or non-stationary (transportable) trade object, store, warehouse, office or other facility or building, pick-up point, online store, any other movable or immovable object used by the Partner for offering the Products and/or Services to the Users.
2.1.8. User’s ID is an individual number of the User automatically assigned to them after the registration in the Mobile App and used for personalization and identification of the User and for allocating the Points to a certain User.
2.1.9. Points are allocated by the Administrator to the User within a system of the Mobile App for buying Products and/or Services from the Partner using User’s ID. The Points can be used to pay for the services of the Administrator specified and described on the website www.mio.travel
2.1.10. Administrator’s Services are services provided by the Administrator, including but not limited to processing airline and train tickets, booking tourism products, booking hotels, rent of transportation, transfer to and from the airport, services of a guide, interpreter, excursions, procedures, events and any other services provided by the Administrator and described on the Site.
2.1.11. Site (Sites) is a website (websites) legally owned by the Administrator and located at the Internet address (under the domain name) www.miobonus.com, www.mio.travel including all its web pages. Any information on the Site does not constitute a public offer to make or place an order and/or enter into a contract.
2.1.12. User Account is a personal member area of the Mobile App which contains information about the User. It is used for tracking, allocating, and recording Points and for facilitating other functions of the Mobile App.
2.1.13. E-mail is a special technology which facilitates sending and receiving messages, e-mails, files, and documents via the information and telecommunication network of Internet.
2.2. Terms that are not defined in paragraph 1.1 hereof can be used in the Agreement. In this case, those terms should be interpreted according to the text and the meaning of the Agreement. In case, the meaning of a term hereof remains ambiguous, it is to be considered, first of all, under their interpretation accepted on the Site and in the Mobile App; secondly, under the legislation of the country of residence of the Administrator and in accordance with business practice in a certain field.
3. SUBJECT OF THE AGREEMENT
3.1. Under the scope of this Agreement, the Administrator provides the Users with the Mobile App for using it and its functions free of charge.
3.2. Using the Mobile App, the User will have:
3.2.1. an opportunity to get the information about the Partner, namely, the name of the Partner, description of the Partner’s business (the main Product and/or Service groups offered by the Partner, addresses of the Partner’s Points of Sale, a link to the Partner’s website, e-mail of the Partner, Partner’s rating, feedback, and other information at the discretion of the Administrator);
3.2.2. a User’s ID for personalization during the process of buying (receiving) Products and/or Services from the Partner and for allocating Points to the User in the system of the Mobile App;
3.2.3. points allocated to the User and the possibility to use the Points later for buying Services of the Administrator in accordance with the conditions set forth in Section 4 hereof. The terms and conditions of using the Administrator’s Services, namely booking conditions etc., are regulated by a separate agreement with the User which is found on the site www.mio.travel;
3.2.4. Other possibilities related to the functions of the Mobile App.
3.3. The Mobile App is available only for a registered User.
3.4. A non-exclusive (ordinary) license is granted hereby to the User to use the Mobile App in such ways and to the extent allowed by the functions of the Mobile App and defined by the Administrator (including by identifying certain functions of the Mobile App).
3.5. The Administrator neither sells the Products and/or Services of the Partners, nor acts as an agent, a dealer, a commissionaire, a representative of the Partner or the User, nor searches for the Partners. The Administrator only facilitates cooperation between the Partner and the User providing the latter with the Mobile App to use its functions specified by the Administrator.
4. ALLOCATION AND USE OF POINTS
4.1. The points are allocated to the Users for buying Products and/or Services from the Partner.
4.2. Rules for allocating/recording the Points of the User in the system of the Mobile App:
4.2.1. Availability of the User’s ID when buying Products and/or Services from the Partner;
4.2.2. Reading (tracking) of the User’s ID by the Partner when the User is buying Products and/or Services;
4.2.3. Purchase of Products and/or Services by the user from the Partner;
4.2.4. Payment received by the Partner from the User, issuance of a cash voucher or a purchase receipt for the User.
4.3. The User has a right for allocation/recording the points provided that all the requirements without exception specified in paragraph 4.2 hereof are satisfied. In case, at least, one of the requirements specified in paragraph 4.2 hereof is not met, the User is no longer eligible for receiving and using the Points.
4.4. The Points are allocated to the User and displayed in the User’s Account automatically immediately upon completion of all the requirements specified in paragraph 4.2 of the Agreement. In case if a certain number of Points has not been allocated due to some reason, the User is entitled to make a complaint or ask a question to the Partner from whom the User purchased a Product and/or a Service.
4.5. The number of Points allocated to the User depends on the rate calculated as a percentage of the total cost of the Partner’s Product and/or Service and defined by the Partner in their Account and specified in the User’s Mobile App. 1 Point is equal to 1 US dollar at the exchange rate at the effect on the day the Points are allocated. The Partner is entitled to change the percentage of the total cost of the Partner’s Product and/or Service. The User will see the information about percentage change in the User Account of the Mobile App, namely, the information about the new percentage of the cost of the Product and/or Service, the date when the changes came into effect, history of percentage change, and other information at the discretion of the Administrator.
4.6. In the event, the Partner from whom the User bought the Product and/or Service fails to perform their obligations to the Administrator to pay the specified remuneration, the Points that have already been allocated to the User for buying the Product and/or Service are subject to be written off unilaterally by the Administrator. The User will be notified about it by e-mail.
4.7. The Points allocated to the User and recorded in the system of the Mobile App may be used to pay the Services of the Administrator specified on the site www.mio.travel. The User can use the Points only to pay for the Administrator’s Services. Other ways to use the Points are not permitted.
4.8. The Points remain valid for an unlimited time.
4.9. In case the User returns/abandons the Product and/or Service and the money paid by the User to the Partner for the product and/or Service is returned, the Partner is entitled to annul the allocation of the Points for these Products and/or Services to the User via the Partner’s Personal Account.
4.10. Other terms and conditions for allocating and using the Points are specified on the Site and are mandatory for the User. The rules for allocating and using the Points are determined unilaterally by the Administrator only.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Rights and obligations of the Administrator:
5.1.1. The Administrator shall provide services to the Users, as specified in Section 3 hereof, appropriately and in conformity with the terms of this Agreement.
5.1.2. The administrator shall consult the Users about the technical issues of using the Mobile App in response to the Users’ requests via a feedback form on the website of the Administrator.
5.1.3. The Administrator shall consider and verify valid claims from the Users.
5.1.4. The Administrator shall adhere to the rules and conditions of allocating and using the Points in conformity with Section 4 hereof and other sections of this Agreement.
5.1.5. The Administrator shall not check the Products and/or Services of the Partners for their conformity to the current legislation, shall not conduct preliminary verification (moderation) of the Products and/or Services of the Partners and any other information about the Partner published in the Mobile App.
5.1.6. The Administrator is entitled to add or to remove from the Mobile App any information and any function in their discretion without preliminary notification of the User and without giving the reasons.
5.1.7. The Administrator is entitled to check information about the User by requesting the documents confirming the information provided by the User.
5.1.8. The Administrator is entitled to engage third parties to comply with the obligations under this Agreement while remaining responsible for their actions and decisions.
5.1.9. The Administrator provides the Users with access to the User Account after the registration.
5.1.10. The Administrator has a right to carry out preventive work in the Mobile App and due to this, the Mobile App may be inaccessible at the time specified.
5.1.11. The Administrator is entitled to send to the User’s address (User’s phone number, User’s e-mail, User Account) information and promotional messages and notifications. To stop receiving the messages, the User should send a written request to the Administrator to remove the User’s contact data from the mailing list.
5.1.12. The Administrator is entitled to check (moderate, pre-moderate) the User’s feedback about the Partner, Partner’s Products and/or Services, and remove the User’s feedback or not publish it in the Mobile App unilaterally without giving the reasons and without prior notification.
5.2. Rights and obligations of the User:
5.2.1. The User shall immediately and not later than 3 (three) days from the date of purchase the Product and/or Service from the Partner notify the Administrator about any claims regarding the quality of provided services (the absence of valid claims proves the proper quality of services provided by the Administrator).
5.2.2. The User shall use the services provided by the Administrator exclusively for the purposes and in the interests that do not contradict to the current legislation.
5.2.3. The User shall independently and in a timely manner carefully read all the information published in the Mobile App and in the notifications sent to the User’s e-mail, phone number or User Account.
5.2.4. The User shall send at the Administrator’s request (to the Administrator’s e-mail or any other address specified by the Administrator) within 5 (five) calendar days the documents (scans) required by the Administrator.
5.2.5. The User shall store the information about the password for accessing the User Account out of reach of third parties and shall not give the password to third parties. If there is a reason to believe that the unauthorized access took place, the User must immediately inform the Administrator and take all the measures in their power to change the password for the user Account.
5.2.6. The User hereby represents and warrants that all the actions performed in the user Account are considered to be performed by the user only unless the User earlier informed the Administrator about the unauthorized access of third parties to the User Account.
5.2.7. The User is entitled to change any information about themselves in the User Account except the mobile phone number of the User. In case, the phone number was changed, the User must register in the Mobile App again and get a new account.
5.2.8. The User is entitled to use the Mobile App by any means specified by the Administrator.
5.9.2. The User has a right to receive the information, information messages, and e-mail messages as well as message to the phone or in the user Account.
5.2.10. The User has a right to publish a reasoned feedback about the Partner’s Products and/or Services in the result of cooperation with the latter within 7 (seven) calendar days from the date of purchase the Product and/or Service from the Partner.
6. PERSONAL DATA OF THE USERS
6.1. The User hereby publishes in the Mobile App, including during the registration and later in their User Account, their personal data freely and voluntarily, acting on the basis of their won will.
6.2. The Administrator processes the personal data of the Users exclusively for the purpose to give the Users possibility to use the Mobile App and to provide them with other services set forth in the subject of this Agreement.
6.3. The User has the right to change their personal information and any other information published in the user Account at any time and at their sole discretion except the mobile phone number of the User due to the restriction specified in paragraph 5.2.7. of this Agreement.
6.4. Using the Mobile App, the User acknowledges and agrees that the Administrator reserves the right to use their personal data anonymously and in aggregate form for statistical purposes only.
6.5. The Administrator shall not disclose any personal data of the Users to the individuals or organizations claiming possible misuse of such data (sending unauthorized advertisements, providing information to other people etc.). The Administrator cannot be held responsible for possible misuse of the information from the Mobile App by the Users or other people and/or organizations which occurred without notifying the Administrator with security violation or without information security of the Mobile App.
6.6. For providing security of the User Account and the data about the User, the Administrator strongly recommends to turn on PIN security function in “App Setup”. In case, this option is turned off, the risk to lose control over the User Account increases significantly.
6.7. The User hereby acknowledges and agrees that in the event of loss/theft of a mobile phone and when “Request PIN” option is switched off, any third party can get unrestricted access to the User Account. In case, any third party has special tools to switch off “Request PIN” option, it can get access to the User Account even if the function was activated. In these cases, when the User’s mobile phone is lost or stolen, the User should immediately contact the technical support service of the Administrator by phone numbers listed on the Site and block access to the User Account with the help of the Administrator’s operator until the User regains full control over their phone.
7. RESTRICTIONS FOR THE USERS
7.1. The User is not allowed to:
7.1.1. Publish in the Mobile App, including in the User Account, in feedbacks and other sections, information violating the requirements of current legislation, including but not limited to insults and threats discrediting third parties, jeopardizing public order, violating rights of the people to privacy; obscene information; abusive language; information offending to a certain extent the honor and dignity and violating the rights and law-protected interests of third parties; information containing or encouraging religious, racial or ethnic hatred, including the efforts to inflame hostility and calls to violence.
7.1.2. Publish in the Mobile App any pornographic materials, materials containing obscenity or vulgarity, scenes showing animal cruelty, description of suicide methods and incitement to suicide, “pirated content”, and other materials which are restricted and/or prohibited by the legislation including under international law.
7.1.3. Register in the Mobile App on behalf of the other person in the absence of the authority given to the User by that other person.
7.1.4. Distribute or arrange the distribution in the Mobile App malicious files and software (viruses, Trojans, “time bombs”, “worms” or other software which can harm or remove/distort the information from the Mobile App).
7.1.5. Collect, search, and systematize the data of other Users with the help of software (“bots”) in the absence of a written permission provided by the Administrator.
7.1.6. Attempt to get an unauthorized access to other User Accounts to obtain the information about their passwords.
7.1.7. Illegally collect and process personal data of other Users;
7.1.8. Violate the rights of other Users relating to their use of the Mobile App.
8. RESPONSIBILITY OF THE PARTIES
8.1. For breach of the obligations, the Parties shall bear responsibility under current legislation.
8.2. The Services of the Administrator under this Agreement are provided “as is”. The Administrator is not responsible in whatever form for nonconformity of provided services to the aims, objectives and/or desires and/or expectations of the users.
8.3. The Users hereby assume full responsibility and risk of all negative consequences which can occur in the result of using the Mobile App.
8.4. The Administrator cannot be held responsible for preserving account information of the User including their social media login credentials through which the user signs in to the Mobile App. The User is solely responsible for preserving their account information and other data including the phone number.
8.5. The Administrator shall not be liable for any losses, damages, and expenses of the User arising out of the User’s use of the Mobile App.
8.6. Nothing in this Agreement shall guarantee to fully serve the User’s interests related to the services set forth herein, namely, nothing in this Agreement shall guarantee that the User will receive the Products and/or Services from the Partner conforming to the aims, objectives and/or desires and/or expectations of the Users. The Partner shall be liable before the User for provided Products and/or Services, namely, for failure to perform or for improper performance of the Partner’s obligations, including but not limited to the presentation of untrustworthy information about the Product and/or Services, defects of the Product and/or Services concerning the quality, amount, range as well as for material or moral injury to the User. The User shall make a claim, demands, and requests to the Partner without engaging the Administrator.
8.7. In case of violation of the provisions of this Agreement by the User, the Administrator is entitled to block the access of the user to the Mobile App or restrict the scope of possible use of the Mobile App.
8.8. The Administrator shall not be liable for the Mobile App failure and impossibility to use the Mobile App during the time required to eliminate the problems. The Administrator also shall not be liable for the actions of third parties providing the services and technologies for the Mobile App to work, namely, of web hosting companies.
8.9. The Partner shall be liable before the User for provided Products and/or Services, namely, for failure to perform or for improper performance of the Partner’s obligations, including but not limited to the presentation of untrustworthy information about the Product and/or Services, defects of the Product and/or Services concerning the quality, amount, range as well as for material or moral injury to the User and any other negative consequences.
8.10. Nothing in this Agreement shall be construed as a responsibility of the Administrator to be involved in the resolution of conflicts and disputes occurred between the Users and the Partners, including the issues concerning the bad quality (nonconformity) of the Products and/or Services provided by the Partner, delays in meeting the obligations by the Partner or the Users, violation of price and payment terms by the Partner or the Users as well as any other disputable and conflict situations between them.
8.11. The Users and the Partners shall resolve any conflict or disputable situation arising out of selling the Products and/or Services on their own without engaging the Administrator. The user shall cover the Administrator against any claims and demands relating to the Products and/or Services of the Partner.
8.12. The Parties shall be exempted from responsibility for non-fulfillment of their obligations hereunder as a result of effect of a force majeure event (circumstances beyond one’s reasonable control). The Parties agree that force majeure event includes the actions of the government, local government, fire, flooding, earthquakes, and other natural disasters, absence of electricity and/or network failure, strikes, civil unrest, public disorders. In the event of force majeure, the fulfillment of the obligations under this Agreement shall be extended for the period equal to that during which such circumstances and their consequences will remain in force.
9. DISPUTE RESOLUTION
9.1. In the event of a dispute or a conflict between the Partner and the User, the Administrator has a right, however not obliged, to attempt and resolve any dispute or conflict in good faith.
9.2. The Administrator and the User hereby agree to take pre-litigation resolution steps of any disputes arising out of relations between them under this Agreement. An answer to the claim shall be given within 10 (ten) working days of its receipt.
9.3. In case, the Parties fail to reach agreement on resolution of any disputes, the dispute arising out of this Agreement, it is subject to judicial procedure: at Justice of the Peace, district court or arbitral tribunal depending on the jurisdictional status and arbitrability of the dispute in compliance with current legislation on the place of residence or at the location of the Administrator.
9.4. In any case without exception, substantive and procedural law of the Administrator’s country of residence shall be applicable substantive and procedural law in the event of any conflict or dispute arising under, out of or in connection with this Agreement.
10. SCOPE OF THE AGREEMENT
10.1. This Agreement comes into effect after it is published in the Mobile App.
10.2. This Agreement is published for an indefinite period and is terminated when the Administrator’s annulment of the Agreement. After the annulment of the Agreement, any legal relations with the Users shall be considered unconditionally terminated.
10.3. If the Administrator amends the Agreement, such amendments shall be effective on the date of publication of a new version of the Agreement in the Mobile App unless another period is specified. The Administrator is entitled unilaterally amend the text of the Agreement. The Users will be informed about the amendments via the notification popup window which appears when the User has access to the User Account of the Mobile App. To continue using the Mobile App, the user shall carefully read about the amendments and indicate their acceptance. If the User does not accept the amendments, they are not allowed to use the Mobile App and access to the User Account is blocked by the Administrator. The allocated Points will be automatically and irrevocably written off.
10.4. The User shall track the changes in this Agreement on their own and solely bear responsibility for negative consequences arising out of non-compliance to this responsibility.
10.5. If the User does not accept the amendments, they must stop using the Mobile App and refuse the services provided by the Administrator. Otherwise, in case, the User continues using the Mobile App, it shall be considered that the User accepts the amendments to the Agreement.
10.6. This Agreement has been drawn up in the English language and translated into other languages used in the App. In case of any contradictions between the English copy of the Agreement and the translated copy, the English version shall prevail.