Company – shall mean FinDynamix Limited Liability Company, a legal entity established in accordance with the legislation of the Republic of Azerbaijan, providing development, promotion, marketing, and commercial activities of the Application, as well as enabling the use of the Application by Users.
Mobile application – shall mean the mobile Application of the "CIB" payment system, downloaded by the User on the User's mobile device to carry out non-cash transactions from payment cards through the mobile device at the User's request.
User Agreement – shall mean the present Agreement that sets out the terms and conditions of the use of the Application and governs the legal relationship between the Parties.
User – shall mean a natural person who has registered and accepted to use the Mobile Application in accordance with the terms of this Agreement.
Mobile device – shall mean iOS and Android supported mobile phone, smartphone, tablet, etc. that is used by the User.
Parties – shall mean the Company and the User as set forth in this Agreement
Card – shall mean cards added to the mobile Application of the payment system to make non-cash transactions by the User under this Agreement, and likewise, cards issued locally by a bank operating in the Republic of Azerbaijan and processed by Company or cards issued by any bank operating in the Republic of Azerbaijan that offers branded cards of "MasterCard Int" and/and or "VISA Int" international payment systems.
Supplier – a commercial entity that offers (sells) works, goods and services through mobile applications (utilities, mobile operators, government agencies, Internet providers, etc.).
2.1. This User Agreement (hereinafter referred to as the "Agreement") governs the legal relationship between the Company and the User regarding the use of the mobile Application of "CIB" payment system.
2.2. Upon the review of this Agreement, the User acknowledges the acceptance of all terms herein and will comply with them in a timely and duly manner.
2.3. The User acknowledges there are no legal restrictions imposed upon him in relation to acceptance of the terms of this Agreement and accepts the terms herein without any pressure on the expression of his free will.
2.4. By accepting this Agreement, the User agrees to the processing of the personally Identifiable information by the Company and its use for marketing purposes.
2.5. The User acknowledges that this Agreement or any other document therein concluded electronically is a "written agreement" in accordance with applicable law and acknowledges it will not have any future claims regarding the invalidity of this Agreement or any other document in the future.
2.6. The User shall acquire the right to use the Application after acceptance of the terms of this Agreement and completed registration. The Company may at any time introduce changes and / or additions to this Agreement. In this case, the User is notified of the terms of the amended User Agreement through owned Mobile device before the next use of the Application and is requested to accept the updated terms. The User may refuse to use the Application if he does not agree with the terms of the Agreement.
2.7. Shall the User continue to use the payment system after changes and/or additions are introduced to this Agreement, the changes and/or additions are considered accepted.
3.1. The Company recognizes as a User any person who completed the registration for the Application, accepted the User Agreement, and used the Application for its designated purpose.
3.2. The User enters the required registration information to accept the terms of this Agreement in the pop-up window on the Mobile Device.
3.3. By accepting the terms of this Agreement, the User confirms the accuracy of the information entered during the registration and assumes full responsibility for the accuracy, completeness, and reliability of such information. The User undertakes to eliminate all risks and losses arising from any errors or inaccuracies in the submitted information and acknowledges that he will not have any claims against the Company regarding such risks and losses.
3.4. The User shall complete the registration of the Application before its use.
3.5. User registration is completed in the following order:
3.5.1. The User shall download the Application to the Mobile device;
3.5.2. The User shall launch the Application on the Mobile device;
3.5.3. The User shall enter the User's mobile phone number in the pop-up window;
3.5.4. The activation code is sent via SMS notification to the entered mobile phone number;
3.5.5. The User shall enter the activation code in the relevant field;
3.5.6. The Application is activated, and the registration pop-up window appears If the entered code is correct;
3.5.7. The User shall enter the User's name, e-mail address, password, and four-digit PIN-code during the registration;
3.5.8. The registration is completed after the information provided by the User was entered correctly and the terms of this Agreement were accepted;
3.5.9. Followed by successful registration, the User is assigned a registration number.
3.5.10. The User shall use the PIN-code to access the Application;
3.5.11. The Application will be temporarily blocked after 3 (three) attempts to enter the incorrect PIN-code. In this event, the User shall call the hotline and state the password entered during the registration and express his wish to either re-enter or change the PIN-code;
3.5.12. The User shall enter the Application settings to change the PIN code;
3.5.14. The Application may need to be re-installed and re-registered if the User's Mobile Device is lost, stolen, or if the User decides to purchase a new device or changes the mobile phone number;
3.5.15. The User may make relevant changes through the Application if the registration information indicated during the registration was changed .
4.1. The Application can be used on iOS and Android platforms supported mobile devices. Subscribers of all mobile operators shall have access to the Application. The Company does not provide Internet access and mobile data services to users. The use of and payment for such services shall be made by the User in accordance with the terms and conditions determined by the Internet operator providing Internet access and mobile data services to the User.
4.2. Through the Application, the Company allows the User to store personally identifiable information, add to the Application any number of "MasterCard Worldwide" and/or "VISA Inc." cards issued by any bank operating in the Republic of Azerbaijan, add cards of international payment systems to the Application, make payments to Suppliers, transfer funds between own card accounts and other card accounts, obtain the transaction history according to various criteria, create transaction templates, use geolocation as well as access other services.
4.3. The User enters the card number, expiration date, and CVV2 code in the corresponding pop-up window to make non-cash transactions by cards. The User can add any number of cards to the Application.
4.4. In order to check the availability and ownership of the card attached to the Application, 3D Secure verification is performed based on the information entered in the pop-up window (card number, expiration date, and CVV2 code). If the card is not registered with the 3D Secure service, the added card is charged 0.5 (fifty qepik) manat (this amount is later returned to the card). A four-digit code is generated for the transaction, and the User uses the number obtained for the relevant card to be added. The User can request an SMS notification service for the relevant transaction or contact the issuing bank or its processing center for this purpose.
4.5. The exact list of services and operations offered by the Company through the Application is determined independently by the Company.
4.6. The Company allows the User to make payments for various services through the Application. The User uses the Application to order the transfer or payment of funds from the card (card account) as intended. The funds specified in the order are paid (transferred) from the relevant card (card account) added by the User to the Application. Such transactions are not carried out in the event of insufficient funds on the relevant card (card account) to make payments and transfer funds, as well as to deduct service fees.
4.7. The User acknowledges that the order for payment (transfer) of funds from the card (card account) has legal force, and no claims over the invalidity of this order will be presented in the future.
4.8. The Company is not liable for any inaccurate information entered by the User in relation to the order or the value of the transaction. All risks and losses arising from the intentional, negligent, or any other causes of these events are the responsibility of the User, and no claims can be made against the Company in the future. All relations related to the card (card account) are governed by and between the User and the issuing organizations (banks).
5.1. The Company may unilaterally charge service fees for each card added to the Application and for User's orders through the Application. The amount of service fees is communicated to the User through the Application before the relevant card is added and the relevant order is completed. Service fees are deducted from the relevant card (card account) added by the User to the Application.
5.2. The Company reserves the right, at its sole discretion, to change the service fees at any time without prior and / or subsequent notice. The updated service fees are communicated to the User through the Application before the relevant card is added, and the relevant order is completed. The User may refuse to use the Application if he does not agree with the updated service fee. The changes in the service fees are accepted, and no claims can be made by the User in the future if the User continues to use the Application after such changes are communicated.
6.1. The User shall comply with the terms of this Agreement as required, use the Application only for the services offered under the terms of this Agreement, and notify the Company within 14 (fourteen) calendar days of any questions or claims related to any transaction within the Application (questions and claims after 14 days are not reviewed).
6.2. The Application is provided for the User's personal use only and may not be used by the User for commercial purposes. The User shall not use the Application for illegal, fraudulent, deceitful, or other malicious purposes. The User shall ensure the security of the Mobile device on which the Application is installed and is directly liable for issues related to third-party interference. The User must immediately change the PIN-code If there are doubts that the PIN-code used to access the Application was exposed to third parties.
6.3. The User authorized the Company to push any SMS notification through the Application and send the User's information to the registered e-mail address. Storage of personally identifiable information is carried out in accordance with the current legislation of the Republic of Azerbaijan.
6.4. The User has the right to change (add and delete) the cards added to the Application at any time and refuse to use the Application.
7.1. The Company shall provide the Application to the User under the requirements of this Agreement in accordance with high quality and security, and shall allow the User to directly transact through the Application.
7.2. Respond to inquiries and complaints from the User under this Agreement in the manner prescribed by this Agreement.
7.3. Provide updates for the Application as necessary and provide technical support for updated versions of the Application.
7.4. The Company shall have the right to immediately refuse to provide Services to the User through the Application if the Company identifies that the User has violated the terms of this Agreement.
7.5. The Company shall ensure timely and full completion of the transaction ordered by the User through the Application in accordance with the terms of this Agreement, except in the following events:
7.6. insufficient funds on the User's relevant card account, Supplier's refusal to accept the User's card, technical problems of the receiving party, blocked User's card (card account), banned transactions of the User's card (card account), Company assumes the transaction is unauthorized (unsanctioned) and/or transactions can't be completed due to force majeure.
8.1. The Company shall provide the Application in accordance with the terms of this Agreement and is not liable for whether the Application complies with the preferences or requirements of the User.
8.2. The Company is not liable for any non-supported by Apple "jailbreak" software downloaded to Mobile devices.
8.3. The Company is not liable for the loss or theft of the User's Mobile Device or for the use of the PIN-code by another person. The User is responsible for the risks and damages that are associated with the User's PIN code being lost, changed or stolen by a third party(s).
8.4. Unless proven otherwise by the User, all transactions within the Application shall be deemed as made by the User through the User's Mobile Device. The Company is not liable for any losses incurred as a result of unauthorized use of the Application by the User's Mobile Device.
8.5. The User independently bears the risks and liability of any losses or other negative consequences arising from the use of the Application. The Company shall not be liable for any damages / losses incurred by the User, including the fact that the User is unfamiliar or untimely acquainted with the terms of this Agreement or the amendments or additions to this Agreement. The User is responsible for all authorized (sanctioned) or unauthorized transactions carried out through the Application and the fees charged therewith.
8.6. The Company ensures the confidentiality of transactions carried out through the Application and may provide transaction-related information to the card-issuing bank, government agencies, and other authorized parties in the manner prescribed by law.
8.7. The Company shall not be responsible for disputes and disagreements between the User and the Suppliers.
8.8. The Parties shall be liable for failure to perform or improper performance of the obligations under this Agreement in accordance with the legislation of the Republic of Azerbaijan.
9.1. In the event of disputes between the Parties in relation to the fulfillment of obligations under this Agreement, such cases shall be settled through negotiations in accordance with the terms of this Agreement. If disputes between the parties cannot be resolved through negotiations, the disputes shall be considered by the courts in accordance with the legislation of the Republic of Azerbaijan in force.
9.2. The Company shall address the User claims under this Agreement if these claims contain the following information and are sent electronically:
9.2.1. date and time of the claim,
9.2.2. description of the claim,
9.2.3. content of the User's request, as well as contact details including mobile number and e-mail
9.3. The Company will review the User's claims within 10 (ten) working days from the date of receipt and will send a substantiated response to the contact details specified in the User's claim.
9.4. Issues not governed by this Agreement shall be resolved in accordance with the legislation of the Republic of Azerbaijan.
10.1. The Parties shall be released from liability for any failure to perform or inadequate performance of its obligations under this Agreement caused, by force majeure and emergency circumstances beyond its reasonable control, including not being able to forecast or undertake necessary measures to prevent it, after the acceptance of this Agreement by the User. Such emergencies include natural disasters, floods, earthquakes, epidemics, fires, riots, strikes, revolutions, military interventions, and legislation entered into force, state regulations, or government decrees prohibiting, in whole or in part, the provisions of this Agreement, including all other circumstances that are not under the control of the parties and that impede the fulfillment of obligations. Obligations shall be terminated if it is impossible to fulfill the obligations as a result of emergency and circumstances beyond control (force majeure). The occurrence of force majeure does not release the Parties from the fulfillment of their obligations under this Agreement before such occurrence.
10.2. The Application, as well as all "brands", "logos" and "trade names" used under the Application are the relevant trademarks of their respective owners. The Application, including but not limited to Copyright, as well as all other rights under the Application, belong to the Company or to third parties who have entered into agreements with the Company.
10.3. The User may not use the "brands", "logos" and "trade names" used through the Program without the consent of the Company. All copyright and other rights under this Agreement are governed by the existing laws of the Republic of Azerbaijan. The User complies with the requirements of the legislation of the Republic of Azerbaijan on intellectual property ("Patent", "Copyright and Related Rights", "Trademarks and Geographical Indications", other laws and relevant regulations) under this Agreement and as a result of violation of this legislation is responsible to them, protecting the Company from the claims of third parties through Copyright indemnity.
10.4. The Company shall provide a free "hot line" service to the User. Calls to "hotline" service (* 8893) are accepted from any mobile or landline phone. By calling the "hotline" and indicating the secret word used during the registration, the User can collect information about the Application, as well as the transactions carried out through the Application.
10.5. All information received from the e-mail and mobile phone number provided by the User will be considered authentic, and the Company is not liable for any risks or damages arising from the invalidity of this information in the future.
10.6. The User can send requests, suggestions, and complaints related to the content and functionality of the Application to the following company e-mail: [email protected]