Agreement on the use of the site (public offer)

This website use agreement (hereinafter referred to as the Agreement) that is a legally binding document and establishes the terms and conditions for the use of Posiflora © software, available on the Internet under the domain https://posiflora.com/english/, and related to mobile applications (hereinafter - Site).

The authorized licensor the Copyright Holder is POS Solutions LLP POS Solutions, BIN 220440035884 (hereinafter referred to as the Company).

This Agreement is a public offer. In this regard, you need to carefully read the full text of the Agreement below. If you do not agree to abide by this Agreement in full or in any part of it, please do not use the Site and do not register on the Site.

1. The Subject of the Agreement

1.1. The Agreement governs the relationship between you as an individual entrepreneur or an organization that you represent (hereinafter referred to as the User) and the Copyright Holder.

1.2. Information about the User is indicated when registering on the Site and is available for viewing and changing in the User's personal account. The user is not a consumer in the sense of consumer protection legislation.

1.3. Information about the Copyright Holder is specified in clause 13 of the Agreement.

1.4. The Rightholder grants the User the right to use the Site for a fee and, on the instructions of the User, provides the User with services for a fee in the manner and on the terms set forth in the Agreement.

1.5. The license issued to the User under the Agreement is simple (non-exclusive). The Copyright Holder retains the right to issue licenses to other persons accordingly.

1.6. The license is issued for the entire period of registration of the User on the Site.

1.7. Under the Agreement, the use of the Site by the User is allowed on the territory of the place of state registration of the User and its branches, if any.

1.8. The amount and procedure for payment of remuneration for the right to use the Site are indicated on the relevant pages of the Site (hereinafter referred to as the Tariff) and are available for acceptance by the User until the payment is made. The user independently chooses the Rate on the Site and undertakes to pay for the acquired rights to use the Site in accordance with the selected Rate.

1.9. On the instructions of the User, the Company configures the User's information infrastructure and integrates it with the Site, trains the User and his representatives (hereinafter referred to as the Implementation), and the User pays the Company for the Implementation in accordance with the terms of the Agreement. Both at the stage of Implementation and at subsequent stages of using the Site by the User, on the instructions of the User, the Company provides the User with additional services, and the User pays the Company for such additional services in accordance with the terms of the Agreement. Information about additional services of the Company (description of the service, price, payment procedure and other information) is indicated on the relevant pages of the Site, or in the User's personal account, or communicated by the Company to the User via e-mail or in any other way at the discretion of the Company. Examples of additional services: connecting Instagram Shopping, setting up advertising campaigns, invoicing, consultations.

1.10. This Agreement is a mixed agreement that contains elements of a license agreement in terms of granting rights to use the Site and elements of an agreement for the provision of paid services in terms of Implementation and additional services.

1.11. This Agreement is a contract of accession. Your use of the Site means your, as a User and a party to this Agreement, agreement with all clauses of this Agreement and unconditional acceptance of all its terms. The fact of using the Site by the User, including, but not limited to, registering the User on the Site and entering the User's personal account on the Site, is a complete and unconditional acceptance of this Agreement.

2. Obligations of the user

2.1. The user undertakes:

2.1.1. pay remuneration for the right to use the Site in accordance with the selected Tariff and pay for the Company's services on a prepayment basis;

2.1.2. use the Site to automate and manage the flower business exclusively by the User, not to use the Site in the interests of third parties;

2.1.3. register in the order indicated on the corresponding page of the Site;

2.1.4. not to re-register and (or) indicating other data, except when acting on behalf of and (or) on behalf of another person;

2.1.5. when registering on the Site, provide all the requested data that allows you to reliably identify a specific individual entrepreneur or organization - a party to this Agreement (hereinafter - Credentials);

2.1.6. at the request of the Company, confirm the accuracy of its Credentials by performing the actions requested by the Company and (or) providing the Company with the documents requested by the Company;

2.1.7. keep the Credentials up to date and promptly make the necessary changes to them;

2.1.8. keep secret your username and password used on the Site, do not disclose or transfer your username and password to third parties;

2.1.9. take adequate protection measures to keep the User's login and password secret, excluding the possibility of unauthorized access to the Site by a third party or an unauthorized person on behalf of the User;

2.1.10. immediately inform the Company by e-mail about all situations that pose a threat of unauthorized access to the Site on behalf of the User, for example, when the login and password are compromised, if it is impossible to access the functioning Site using their username and password, etc.;

2.1.11. independently check and evaluate the information that the User enters on the Site, for its admissibility from the point of view of the legislation of the Russian Federation and the absence of violation of the legal rights of third parties, including legislation on personal data;

2.1.12. refrain from introducing on the Site any information the dissemination of which is restricted or prohibited by federal laws of the Russian Federation, and (or) which may otherwise violate the rights of third parties;

2.1.13. in the event of a claim from third parties, including other users of the Site, in connection with the actions of the User using the Site, the User is obliged to enter into negotiations with such a third party to resolve the claim at his own expense and without the participation of the Company;

2.1.14. have legal access to the Internet;

2.1.15. provide the Company with reliable information about the information infrastructure of the User and other documents and information necessary for the Company to provide services for the Implementation and additional services;

2.1.16. fulfill other obligations stipulated by this Agreement, the conditions set forth on the relevant pages of the Site, and the legislation of the Russian Federation.

3. Obligations of the Company

3.1 The Licensor undertakes:

3.1.1. set Tariffs, the price for Implementation and prices for additional services of the Company, inform the User about the amount and procedure for payment through the User's personal account, by e-mail or in any other way at the discretion of the Company;

3.1.2. provide the User with the right to use the Site;

3.1.3. provide the User with the ability to automate and manage the flower business to the extent provided by the functionality of the Site;

3.1.4. provide services to the User in accordance with the terms of the Agreement;

3.1.5. not to change or correct the information entered by the User;

3.1.6. ensure the storage of the User's information and the provision of access to it by the User in accordance with the functionality of the Site;

3.1.7. block access to the User's information from the moment when the Company becomes reliably aware that the information entered by the User is information, the dissemination of which is restricted or prohibited by federal laws of the Russian Federation, and (or) such information violates the legal rights of third parties;

3.1.8. process the personal data of the User's representatives in accordance with the consent of the User's representatives expressed in this Agreement and the requirements of the legislation of the Russian Federation;

3.1.9. inform the User about the most significant changes in the functioning of the Site by posting relevant notifications on the Site, in the channel https://t.me/posiflora, by sending a notification to the User's e-mail address, by sending an SMS message to the User or in any other way at the discretion of the Company;

3.1.10. provide the User with technical support on the use of the Site in the form of written consultations at the User's requests sent by the User to the email address for technical support support@posiflora.com, Whatsap business http://wa.me/74993227315, and through other communication channels that The Company uses for technical support of Users;

3.1.11. undertakes to ensure the confidentiality of the personal data of the User's representatives and not disclose them to third parties without the prior consent of the User, except as expressly provided for by the legislation of the Russian Federation;

3.1.12. undertakes to ensure the confidentiality of information about the information infrastructure of the User, documents and information that the User provides to the Company in order to provide implementation services and additional services; use the specified information, documents and information solely for the purpose of Implementation and the corresponding additional services;

3.1.13. fulfill other obligations stipulated by this Agreement and the legislation of the Russian Federation.

4. Personal data of the User's representatives

4.1. The User's representative gives the Company's consent to the processing of his personal data (name, address, e-mail address, telephone number and other data specified by the User or his representative on the Site) in order to ensure the functioning of the Site. , as well as send the User advertising and informational messages at the discretion of the Company to the email address of the User, by sending the User an SMS message and in other ways at the discretion of the Company. The Company undertakes not to abuse its right to send advertising and informational messages to the User.

4.2. The User's representative gives the Company's consent to the disclosure of his personal data to a third party, who presented the Company with a reasonable, in the Company's opinion, requirement regarding the information entered by the User on the Site, if the User refrains from fulfilling his obligation to enter into negotiations with such a third party for resolving a claim on your account without the participation of the Company.

4.3. The User undertakes to obtain consent to the processing of personal data from his clients and customers, if their personal data is processed on the Site, in a form that can be provided to the Company at its request as proof of obtaining proper consent from the User. customers and customers. The User undertakes, independently, without the participation of the Company, to comply with the requirements of the legislation on personal data applicable to the User's activities using the Site.

5. Intellectual property

5.1. The site is the intellectual property of the Copyright Holder. From time to time, the Copyright Holder, at its discretion, makes changes to the Site.

5.2. The Rightholder grants the User the right to use the Site within the limits provided for by the functionality of the Site, by accessing the Site and its functionality via the Internet and using mobile applications in accordance with the terms of the Agreement.

5.3. The User is prohibited from using the Site, its constituent parts, including the design elements of the Site, and the content of other Site users in any other way not provided for by thefunctionality of the Site, without the prior written consent of the Copyright Holder, independently or with the help of software and (or) technical means.

5.4. All information on the Site is divided into two categories:

5.4.1. information available to all Internet users in sections of the Site without restricting access, and

5.4.2. information available only to authorized users in sections of the Site with limited access, for example, the User's personal account.

Information in this case means any information, data, images, materials of any kind, etc., expressed in digital form and available through the Site.

5.5. In restricted areas, the following provisions apply:

5.5.1. information available to the User and not entered by the User on the Site is the secret of production (know-how) of the Copyright Holder;

5.5.2. information available to the User and entered by the User is the joint know-how of the User and the Copyright Holder;

5.5.3. The user undertakes to maintain the confidentiality of his know-how indefinitely. The user is prohibited from disclosing the know-how that has become known to him by virtue of the use of the Site;

5.5.4. The user does not become a co-author of the Site and disclaims any claims for such authorship in the future. The Company does not pay the User any copyright or any other remuneration, both during the period and after the expiration of this Agreement;

5.6. The User gives the Copyright Holder his consent to the use by the Copyright Holder of the know-how entered by the User on the Site in any form and in any way at the discretion of the Copyright Holder.

6. Implementation

6.1. The Company recommends the User to implement the Implementation at the beginning of using the Site, as well as later as necessary, for example, when the User opens a new point of sale or changes the information infrastructure of the User or the User's representatives. Depending on the situation, the Implementation may include various actions and activities of the Company (hereinafter referred to as the Implementation Composition), including, for example:

  1. setting up a point of sale: registering a tablet, time zone, types of payments, currency, point of sale address, employees;
  2. warehouse: assistance in creating an inventory base, setting up categories, product folders, identifying products sold in parts, bar coding (if any);
  3. setting up equipment: setting up a fiscal printer, setting up acquiring;
  4. clients: setting up a loyalty system, importing a client base in xlsx, .ods and .csv formats;
  5. reference books: setting the reasons for discounts / surcharges, setting the reasons for withdrawals, pre-order tags, sources of deals, floral calendar, customer preferences;
  6. training: training of the User, group training of representatives of the User, for example, cashiers;
  7. work support: support on the first day of work;

6.2. The parties agree that the Company may not know all the features of the User's activities, therefore, the Implementation price set by the Company is approximate.

6.3. After receiving the User's request for Implementation and the relevant information, documents and information from the User, the Company independently determines the Composition of the Implementation, calculates the price and communicates it to the User (hereinafter - the Implementation Price). The composition of the Implementation and the Price of the Implementation are determined by the Company at its sole discretion based on its own experience and taking into account the information, documents and information that the User provides to the Company for the purpose of Implementation. The Implementation Price includes the remuneration of the Company for the Implementation services and the Company's expenses for the Implementation.

6.4. The Company starts Implementation after receiving the full prepayment of the Implementation Price. Based on the experience of the Company, the implementation period in practice on average can be 2 weeks.

6.5. After the completion of the Implementation, the Company sends the User an Implementation Act indicating the Implementation Scope, the Implementation Period (period), the final Implementation Price and other information about the Implementation (hereinafter - the Implementation Act). The Implementation Act is considered agreed by the Parties in the absence of justified objections from the User within 5 (five) working days from the date of receipt of the Implementation Act.

6.6. If it is necessary to change the Implementation Scope and increase the Implementation Price by more than 20% of the prepaid Implementation Price, the Company notifies the User about this. The need for these changes and price increases may be caused by an additional request from the User or by virtue of information independently obtained by the Company. In the absence of prepayment for an increase in the Implementation Price, the Company has the right to suspend the Implementation until the full amount of the increase in the Implementation Price is received, or at its own discretion, including, if the User refuses to change the Composition of the Implementation and increase the Price, complete the Implementation within the prepaid Implementation Price.

6.7. In the event of an increase in the Implementation Price by 20% or less of the prepaid Implementation Price, such an increased Implementation Price is indicated by the Company in the Implementation Act, and the amount of the Implementation Price increase is payable by the User within 5 (five) business days from the date of the Implementation Act receipt.

6.8. In the event the User refuses to Implement or part of it during Implementation, the Company returns to the User the prepaid Implementation Price minus the actually incurred costs and remuneration of the Company, determined at the discretion of the Company in proportion to the completed Implementation Scope.

7. Policy of return of paid remuneration

7.1. Under this Agreement, the User does not acquire a thing (goods), but acquires the rights to use the Site, which consists of a number of protected results of intellectual activity (intellectual property).

7.2. The user independently determines the planned period of use of the Site and pays the appropriate remuneration for the right to use the Site. In this regard, the paid remuneration is not refundable.

7.3. In case of early termination of the Agreement, the refund of the remuneration paid for the right to use the Site is not carried out. The User has the right to continue using the Site until the end of the paid period, unless the User's access to the Site is suspended or terminated by the decision of the Company.

8. Responsibility of the User and the Company

8.1. The User and the Company are responsible for their actions in accordance with the legislation of the Russian Federation and this Agreement.

8.2. The company is not responsible for the information entered by the User on the Site.

8.3. The user is solely responsible for any information and materials posted on the Site. The Company does not initiate the posting of this information, does not choose recipients of information, does not affect the content and integrity of the information posted, and at the time the User posts information on the Site, it does not and cannot know whether such posting violates the current legislation of the Russian Federation, however, the Company has the right to track , view and / or delete any information and materials posted by the User on the Site.

8.4. The Company grants the rights to the Site, information on the Site and provides services on an "as is" basis, that is, without any explicit or implied warranties in relation to the Site and services. In particular, the Company does not guarantee the absence of errors and failures in the operation of the Site.

8.5. Under no circumstances, including but not limited to the carelessness or negligence of the User, the Company shall not be liable for any damage (direct or indirect, accidental or natural), including but not limited to the loss of data or profits associated with the use or inability to use the Site, information or materials on it, even if the Company or its representatives have been warned about the possibility of such loss. In the event that the use of the Site leads to the need for additional maintenance, correction or repair of any equipment, as well as data recovery, all associated costs are paid by the User.

8.6. The company completely, to the extent permitted by law, disclaims any liability, express or implied, including but not limited to implicit warranties of fitness for use, as well as guarantees of the legality of any information, product or service obtained or purchased from using this Site.

8.7. The user agrees that all materials and services of the Site or any part of them may be accompanied by advertising, the placement of which is not initiated or controlled by the Company. The user agrees that the Company does not bear any responsibility and does not have any obligations in connection with such advertising.

8.8. The User is responsible for all actions on behalf of the User committed after entering the User's login and password on the Site, unless the User proves that such actions were not performed by the User, but by another person.

8.9. In the event that third parties present claims to the Company related to the use of the Site by the User, the specified User undertakes to independently settle such claims, as well as to reimburse the Company for all losses and losses incurred, including reimbursement of fines, legal costs, costs and compensations.

9. Dispute Resolution

9.1. All disputes and disagreements that may arise between the Company and the User will be resolved in a claim procedure.

9.2. In order to resolve the dispute, one party to the Agreement sends the other party to the Agreement a written claim by mail with acknowledgment of receipt, and at the same time sends a copy of such a claim by e-mail. The User sends a copy of his claim to the email address to send a copy of the User's claim. The Company sends a copy of its claim to the User's email address.

9.3. Anonymous claims and claims that do not contain the User's credentials, which make it possible to reliably determine the parties to this Agreement, are not subject to consideration by the Company.

9.4. The term for responding to a claim is 30 (thirty) calendar days from the date of receipt of the claim by mail.

9.5. If it is impossible to resolve the dispute in a complaint procedure, the Company and the User have the right to submit the dispute for consideration to the Arbitration Court of the Rostov Region.

10. Circumstances Relevant to the Agreement

10.1. The Parties conclude an Agreement based on the accuracy, completeness and relevance of the following information:

10.2. You are an adult for whom no decision has been made to restrict legal capacity or to be declared incapacitated.

10.3. No bankruptcy procedure has been introduced against the User.

10.4. The user is an active individual entrepreneur or legal entity, in respect of which a decision on liquidation or other decision on termination of activity has not been made.

10.5. You have the authority to enter into an Agreement.

10.6. The Agreement is not a major transaction or an interested party transaction for the User. If the conclusion of the Agreement by the User requires the observance of certain corporate procedures, then you confirm that all the necessary procedures have been carried out and the required consents and approvals have been obtained properly.

10.7. The exchange of legally significant messages and documents between the Parties can be carried out, in particular, by exchanging messages on the Site and by e-mail. To certify that a document or message comes from a Party under the Agreement, the Parties use a simple electronic signature, including a unique number in the system and the name of the User and the Company, respectively. The parties also have the right to use other electronic signatures to send legal documents.

11. Entry into force and duration of the Agreement

11.1. The Agreement comes into force and becomes binding on the Company and the User from the moment the User starts using the Site. The moment the User starts using the Site is set at the earliest date determined in accordance with the records of the automatic protocols and the Site database, as well as the information from the Site billing system.

11.2. The agreement is valid for one calendar year from the date of its entry into force. On the last day of the term of this Agreement, the Agreement is considered extended by the Parties for the next calendar year.

11.3. The user has the right to unilaterally (out of court) refuse to execute this Agreement at any time. For these purposes, the User sends the Company a corresponding notification using the Site.

11.4. The Company has the right to unilaterally (out of court) refuse to execute this Agreement at any time. For these purposes, the Company, at its discretion, suspends or terminates the User's access to the Site.

12. Final provisions and procedure for changing the Agreement

12.1. This Agreement is governed by and construed in accordance with the laws of the Russian Federation.

12.2. This Agreement and the conditions for the provision of services set forth on the relevant pages of the Site replace all previous oral and written agreements, contracts, agreements in any form between the User and the Company in relation to their content.

12.3. The user does not have the right to transfer (assign) his rights and obligations to third parties.

12.4. The Company has the right at any time, at its sole discretion, to change the Agreement and (or) the conditions for the provision of services without prior and (or) subsequent notification of the User. The Company publishes changes to the Agreement or a new version of the Agreement on the Site at the permanent address of this Agreement. The Company publishes changes to the terms of service or their new version on the relevant pages of the Site.

12.5. The company sets its own Tariffs. The Company has the right to introduce new Tariffs, change, supplement and cancel the existing Tariffs. Changes and additions come into force for the User after the User agrees with such changes and additions. In case of cancellation of the Tariff, such Tariff becomes an archive Tariff and is no longer available for selection by the User.

12.6. The company independently determines the list and content of the services provided, the conditions for their provision, as well as the amount and procedure for payment for the services provided. The Company places these conditions on the relevant pages of the Site.

12.7. The fact that the User uses the Site after any changes to the Agreement and (or) the terms of service set forth on the relevant pages of the Site means the User's full and unconditional consent to such changes.

12.8. The user is given the opportunity to familiarize himself with the conditions for the provision of services before ordering the relevant services.

12.9. Nothing in the Agreement can be understood as the establishment between the User and the Company of partnership relations, joint activity relations, personal employment relations, agency relations, or any other relations not expressly provided for in the Agreement.

12.10. The recognition by the court of any provision of the Agreement invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.

13. Company details

Beneficiary's name:
POS Solutions Limited Liability Partnership POS Solutions OGRN 1186196036960
Beneficiary's address:
39 KBe Abubakir Kerderi street, Uralsk, Kazahstan L01T7K1
Account No:
KZ04998RTB0001475118
SWIFT:
TSESKZKA
Beneficiary's bank:
First Heartland Jusan Bank
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