Terms of Use

Revision v1

1 Definitions

1.1. Operator — OneBonus LLP, BIN 260640033119, located at: Republic of Kazakhstan, Almaty, Alatau district, holder of the rights to the Application and the party ensuring its operation.

1.2. Application (Service) — the “OneBonus” software for mobile devices, intended to record the User's participation in Partners' loyalty programmes, together with the Operator's related hardware and software.

1.3. User — an individual who has acceded to these Terms of Use in the manner set out in the section “Registration and Account”.

1.4. Partner — a legal entity or sole proprietor that has entered into a contract with the Operator and independently runs a Loyalty Programme at its own points of sale.

1.5. Loyalty Programme (Programme) — the set of customer-reward conditions determined independently by the Partner, including the number of Stamps required to obtain a Reward, the list of Rewards, the term and territory of the Programme, and any other restrictions.

1.6. Stamp — a unit of account recording in the Application that the User has completed a transaction confirmed by the Partner under the relevant Programme.

1.7. Reward — goods, work, a service, a discount or any other benefit granted by the Partner to the User upon accumulating the number of Stamps set by the Programme.

1.8. Account — the set of User data stored in the Application and used to identify the User, including the subscriber device number, profile details and transaction history.

1.9. QR code — a dynamic two-dimensional code generated by the Application to identify the User at a Partner's point of sale, valid for a limited time and intended for single use.

1.10. One-time code — a numeric code sent by the Operator to the User's subscriber device number by SMS or via the WhatsApp messaging service and used to confirm sign-in to the Account.

2 Subject matter and general provisions

2.1. The Operator grants the User the right to use the Application for its functional purpose under a simple (non-exclusive) licence, and the User undertakes to comply with these Terms of Use.

2.2. The Application is provided to the User free of charge. The User bears the cost of the communication services and data transfer required to use the Application.

2.3. The Operator may introduce additional features of the Application provided for a fee. In that case:

• 2.3.1. functionality available to the User free of charge at the time such paid features are introduced — participation in Programmes, accumulating and receiving Rewards — remains free of charge;
• 2.3.2. no fee is charged without the User's separate consent, given when the relevant feature is enabled;
• 2.3.3. the terms, price and payment procedure are communicated to the User before such a feature is enabled.

2.4. The Operator is not the seller of goods or the provider of works or services supplied by Partners, is not a party to transactions between the User and a Partner, and does not assume the Partner's obligations under a Programme. The Operator provides information-technology services for recording the User's participation in Programmes.

2.5. The Agreement takes effect upon acceptance and remains in force indefinitely until terminated in the manner set out in the section “Term, amendment and termination of the Agreement”.

2.6. The current version of the Agreement is published in the Application and is available to the User before acceptance and throughout the term of the Agreement.

3 Registration and Account

3.1. Registration is carried out using the User's subscriber device number. The Operator sends a One-time code to that number; entering the One-time code confirms that the number belongs to the User and is deemed by the Parties to be an act performed by the User.

3.2. The sole act by which the User accepts these Terms of Use and gives consent to the processing of personal data is requesting a One-time code on the Application's sign-in screen. That act is performed after the User has been given access to the texts of these Terms of Use and of the Privacy Policy on the same screen, and constitutes two expressions of will at once:

• 3.2.1. acceptance of these Terms of Use;
• 3.2.2. consent to the collection and processing of personal data in the scope, for the purposes and on the conditions set out in the Privacy Policy, including transfer to third parties and cross-border transfer.

3.3. Other acts of the User, including subsequently entering the One-time code and filling in the profile, have no independent significance for concluding the Agreement or giving consent.

3.4. The fact and the moment of acceptance and consent are evidenced by the information saved in the Operator's information system when the Account is registered: the subscriber device number and the date and time of registration.

3.5. The User confirms that they have the legal capacity required to conclude these Terms of Use and to give consent to the processing of personal data under the laws of the Republic of Kazakhstan.

3.6. The User undertakes to provide accurate information when registering and filling in the profile and to keep it up to date. The Operator does not verify the accuracy of the information provided and is not liable for the consequences of inaccurate information.

3.7. The User is solely responsible for keeping One-time codes safe and their device out of the reach of third parties. All acts performed using the Account are deemed to have been performed by the User unless proven otherwise.

3.8. If the User loses access to their subscriber device number or changes it, the User contacts the Operator. The Operator may request information confirming that the Account belongs to the User and may refuse to restore access where such confirmation is impossible.

3.9. A User may hold no more than one Account. Transferring an Account to third parties is not permitted.

4 How Stamps are awarded and Rewards provided

4.1. A Stamp is awarded on the basis of a transaction confirmed by the Partner by scanning the User's QR code at the point of sale before settlement is completed or at the moment of settlement.

4.2. A QR code is valid for a limited time and is intended for single use. Once it expires, the User generates a new QR code in the Application.

4.3. Cancellation of a transaction by the Partner, including a return of goods or cancellation of the receipt, results in the corresponding Stamp being annulled.

4.4. The conditions of a Programme are set by the Partner independently and are shown in the Application on that Programme's card. The Partner may amend the conditions of the Programme and suspend or discontinue it. The Operator takes no part in setting Programme conditions and is not responsible for their amendment or discontinuation.

4.5. A Reward is provided by the Partner directly at the point of sale upon presentation of the User's QR code and is confirmed by the Partner in the Application. The obligation to provide the Reward rests with the Partner.

4.6. Stamps and Rewards are not a means of payment, electronic money, securities or property; they cannot be exchanged for money, alienated, transferred, assigned or inherited.

4.7. The Operator may annul Stamps and Rewards awarded as a result of a technical error, a software failure, or bad-faith acts of the User or of the Partner's staff, notifying the User in the Application.

5 Rights and obligations of the User

5.1. The User has the right to:

• 5.1.1. use the features of the Application for their intended purpose;
• 5.1.2. receive information about Programme conditions, the state of Stamps and Rewards, and transaction history;
• 5.1.3. send enquiries to the Operator and receive replies within the time limits set by the laws of the Republic of Kazakhstan;
• 5.1.4. opt out of receiving marketing messages and delete the Account in the manner set out in the section “Term, amendment and termination of the Agreement”.

5.2. The User undertakes:

• 5.2.1. not to create more than one Account and not to give third parties access to it;
• 5.2.2. not to take any action aimed at obtaining Stamps or Rewards without carrying out the corresponding transaction, including by arrangement with a Partner's staff;
• 5.2.3. not to use automation software, emulators, modified versions of the Application or any other means of interfering with its operation;
• 5.2.4. not to take any action that impairs the operability of the Application or the integrity and security of data, or that is aimed at gaining access to other people's Accounts;
• 5.2.5. not to reproduce, copy or distribute the content of the Application or its software components without the Operator's written consent.

5.3. Breach of the obligations set out in this section is grounds for the measures provided for in the section “Rights and obligations of the Operator”.

6 Rights and obligations of the Operator

6.1. The Operator undertakes to keep the Application operational, to safeguard Account data and to consider User enquiries in the manner and within the time limits set by the laws of the Republic of Kazakhstan.

6.2. The Operator has the right to:

• 6.2.1. change the features of the Application, its composition and its design;
• 6.2.2. carry out preventive and scheduled maintenance with temporary suspension of access to the Application;
• 6.2.3. restrict access to the Application, annul awards or block the Account where the User breaches the Agreement;
• 6.2.4. send the User service messages relating to performance of the Agreement.

6.3. Where signs of bad-faith activity are identified, the Operator may suspend access to the Account without prior notice, notifying the User afterwards and considering their explanations.

7 Liability of the Parties

7.1. The Application is provided “as is”. The Operator does not warrant that the Application will operate without interruption or error, that it is compatible with every device model and operating-system version, or that it will meet the User's expectations.

7.2. The Operator is not liable for the quality, completeness, safety or consumer properties of Partners' goods, works and services, for a Partner's refusal to provide a Reward, for the amendment or discontinuation of a Programme, or for a Partner ceasing to trade.

7.3. The Operator is not liable for losses incurred by the User as a result of the User's failure to comply with the obligation under these Terms of Use to keep One-time codes safe and their device out of the reach of third parties, of unlawful acts of third parties, of failures in communication networks, or of a malfunction of the User's device.

7.4. Claims relating to the quality of goods, works and services, and to the provision of Rewards, are brought by the User directly against the Partner. The Operator assists in settling such claims by providing transaction records and forwarding the enquiry to the Partner.

7.5. In all other respects the Parties bear liability under the laws of the Republic of Kazakhstan, subject to the limitations set out in this section.

8 Intellectual property

8.1. The exclusive rights to the Application, its source code, databases, design, graphic elements, and the “OneBonus” trade mark and commercial designation belong to the Operator or are used by it on lawful grounds.

8.2. The User is granted a simple (non-exclusive), royalty-free licence to use the Application for its functional purpose within the Republic of Kazakhstan for the term of the Agreement. No other rights are transferred to the User.

8.3. Decompiling, modifying, reproducing or distributing the Application, or creating derivative products based on it, is not permitted without the Operator's written consent.

9 Personal data and electronic messages

9.1. The User's personal data is processed in accordance with the Privacy Policy, which forms an integral part of these Terms of Use.

9.2. Consent to the collection and processing of personal data is given by the User at registration, together with acceptance of the Agreement, in the manner set out in the section “Registration and Account”, and is recorded by the Operator. The processing procedure, the list of data, the purposes, the cases of transfer to third parties and the retention periods are set out in the Privacy Policy.

9.3. Service messages, including One-time codes and notifications about awards and changes of conditions, are sent to the User regardless of their consent to receive marketing messages, since they relate to performance of the Agreement.

9.4. Advertising and marketing messages are sent only where the User has given separate consent. Such consent may be withdrawn at any time in the notification settings in the Application.

10 Term, amendment and termination of the Agreement

10.1. The Operator may amend the Agreement unilaterally. The new version is published in the Application and takes effect upon publication unless the version itself provides otherwise.

10.2. The Operator gives notice of amendments that materially affect the User's rights and obligations at least 10 (ten) calendar days before the new version takes effect, through the Application or by push notification.

10.3. Use of the Application after a new version takes effect means the User agrees to the amended conditions. If the User does not agree, they must stop using the Application and may delete their Account.

10.4. The User may terminate the Agreement unilaterally at any time by deleting their Account in the Application: “Profile” → “Account” → “Delete account”. A deletion request may also be sent to the e-mail address given in the section “Operator's details”.

10.5. Deleting the Account annuls accumulated Stamps and unused Rewards without compensation. Annulled Stamps and Rewards are not restored after the Account has been deleted.

10.6. The Operator may terminate the Agreement unilaterally where the User materially breaches its conditions, and in the cases provided for by the laws of the Republic of Kazakhstan.

11 Dispute resolution and final provisions

11.1. These Terms of Use are governed by the law of the Republic of Kazakhstan.

11.2. Before going to court the Parties must follow the pre-action claim procedure. A claim is sent to the Operator at the e-mail address given in the section “Operator's details” and is considered within the time limits set by the laws of the Republic of Kazakhstan.

11.3. If no agreement is reached, the dispute is to be heard by the court at the Operator's location in accordance with the laws of the Republic of Kazakhstan.

11.4. If any provision of the Agreement is held invalid, the remaining provisions remain in force.

11.5. The Agreement is drawn up in Russian. Where a translation into another language exists, the Russian text prevails in the event of any discrepancy.

12 Operator's details

12.1. Name: OneBonus LLP.

12.2. Business identification number (BIN): 260640033119.

12.3. Location: Republic of Kazakhstan, Almaty, Alatau district.

12.4. The Operator's full registered address is held in the National Register of Business Identification Numbers and is provided on request sent to the e-mail address given below.

12.5. Bank details: IIC KZ43601A861088867131 at Halyk Bank of Kazakhstan JSC, BIC HSBKKZKX, KBe 17, account currency KZT.

12.6. E-mail address for enquiries: support@onebonus.app.

12.7. Enquiries are also accepted through the “Help and support” section of the Application.