Terms of use - Smap

User agreement for the institution

This User Agreement (hereinafter referred to as the Agreement) sets forth the procedure for using the functions and services of the SMAP Application (hereinafter referred to as the Application).

From the moment of using the Application, the User shall be deemed to have accepted the terms of this Agreement in full, without any reservations or exceptions.

By agreeing to the terms of this Agreement, the User warrants that they are not subject to legal restrictions on the use of the services contained in the Application, that they have all the necessary authority to enter into this Agreement. Only persons who have reached the age of majority are allowed to use the Application.

Terms and definitions The Administration is the owner of the Application.

Representative of the Institution is an individual authorized to represent the interests of the owner of the Institution.

Moderator is an administrative person authorized by the owner of the Application to perform functions aimed at ensuring that the User complies with the rules of this Application.

Establishment – a legal entity or individual entrepreneur registered in accordance with the procedure established by law that provides services/goods to an unlimited number of persons.

Pin is a mark on the map that corresponds to a particular Institution.

Registration in the Application

Registration in the Application entitles the Institution’s Representative to access all services of the Application.

To register in the Application, the Institution’s Representative shall fill in the registration form, which shall indicate the following:

Email;
password.

The registration form is reviewed by the moderator. The moderator has the right to refuse registration without further explanation.

After completing the registration process, the Institutional Representative gets access to a personal profile.

In case of any questions regarding the functioning of the Application, the Representative of the Institution shall have the right to contact the Moderator. Moderator’s contacts: [email protected].

How the Application works

Starting page of the application contains five sections: barcode scanner, clients, branches, settings, and notifications.

1. Branches. A representative of an Institution has the right to add several branches, i.e. Institutions. A separate page with information shall be filled in for each branch, and a bonus system shall be set up. A separate list of branch customers (subscribers) is formed for each branch. The representative of the Institution has the right to view the bonuses of each of its Users, as well as to give a bonus to any User at its own discretion. The representative of the Institution shall independently fill in the information about the branch, namely:

uploads/deletes a branch cover;
adds a description of the branch;
publishes news and photos to accompany news about the branch;
generates bonuses for each branch;
provides access to bonuses for its employees;
links the branch page to Facebook and/or Instagram.

Scanner. Employees of the Venue have the right to install the Barcode Scanner Application on the device. The Owner of the Venue authorizes the Employee by scanning the barcode of the Employee on the device. After scanning the barcode, the Representative of the Venue shall fill in the information about the authorized employee, namely, the employee’s name and position. After filling in the information about the employee in the Application, the Employee of the Institution will have the opportunity to scan the User’s barcode and write off the bonus. If an error occurs when reading the code, the Employee of the Institution will receive a text message with a message about the nature of the error.
Settings. In this section, the User has the right to edit their personal profile and change their password.
Notifications. If the Users of the Institution leave comments on the branch page, a notification is sent to the device of the Institution’s Representative.

Rights of the Representative of the Institution:

register the Institution in the Application;
fill in the sections of the Appendix, view the pages of the Appendix, leave comments on the pages of the Appendix;
authorize the Employees of the Institution by allowing them to scan a QR code;
provide bonuses to Users.

Representatives of the Institution shall comply with the terms of this Agreement.

Rights of the

Administration The Administration shall have the right:

at its sole discretion and without explanation, take any action that does not contradict international law to restrict or deny access to the Application to Users;
to make changes to the functionality of the Application, having previously notified the Application Representative thereof;
collect information about Users using the Google Analytics program. This information is used to analyze the effectiveness of the Application and the interests of the Users;
The Administration shall not be responsible for the content posted on Facebook and Instagram through the Application, as well as for the content posted by the owner of the Institution;
The Administration of the Application is not responsible for the content of materials, comments of the owner of the Institution and Users posted on the pages of the Institutions, as well as for the consequences of their publication.

Content of the Institution This Application allows you to send, upload, post, display, transmit or otherwise publish content such as photos, texts, images, etc. (“User Content”).

By submitting such User Content to the Application, you represent and warrant to us that

you are the owner of the User Content provided to us or have the right and permission to grant us the license set forth in this Agreement, and
the posting of your User Content does not violate the privacy, publicity, copyright, contractual rights or any other rights of any person or entity.
You acknowledge and agree that the User Content you provide to us is not confidential and has no restrictions on distribution.

Depending on your payment method and payment instrument, your transaction may be subject to currency exchange fees or price differences due to exchange rates. Your transaction may also be subject to fees charged by your bank or card issuer. The Administration is not responsible for any fees or surcharges and will not provide any compensation or refunds for fees imposed by your bank or card issuer.

The Administration has the right to change the prices for services at its sole discretion at any time, in accordance with these Terms. All changes shall be reflected in the App and shall take effect only after they are published.

The Administration reserves the right to provide discounts on subscriptions or additional services at its sole discretion and on the terms and conditions described in such offers.

The Administration may use third-party payment systems (the “Payment System”) to bill you. Payment processing is governed by the terms, conditions and privacy policy of such Payment Processor, in addition to this Agreement. You agree to pay us through the Payment Processor all payments at the then- current prices for any purchase in accordance with the applicable payment terms. You agree to make payments using the payment method you have specified in your account. We reserve the right to correct or instruct our Payment Processor to correct any errors or omissions, even if payment has already been requested or received.

Cancel your subscription

The Institution may cancel the subscription at any time. After canceling the subscription, the Institution may continue to use the subscription features until the end of the current billing period. After the end of the billing period, the additional features of the Premium Account will be limited for the institution, any content or information that goes beyond the Basic Account will be deleted by the Administration without the possibility of its recovery.

Refunds. The Administration may issue a refund if notice of cancellation is provided within 24 hours of the initial subscription payment. Such refund applies only to the first payment made at the beginning of the subscription and does not apply to any subsequent renewals or payments. The refund period is 7 days from the date of the first payment for the subscription, unless otherwise provided by applicable law.

Please note that the refund policy applies only to the first subscription payment and does not apply to subsequent subscription renewals or payments, unless otherwise provided by applicable law. To request a refund or cancel your subscription, please send us a request to [email protected]. Please make sure you provide all the necessary information to help us process your request.

Advertising

The Application may display advertisements and promotions from third parties and Institutions in special tabs and windows or otherwise provide information or links to third party products or services.

Advertising services are provided upon a separate order of the Institutions. To order advertising services, you should send an email to [email protected]. Payment for advertising services shall be made on the basis of separate invoices reflecting the volume and cost of the provided advertising services.

It is prohibited in the Appendix:

call for violence or other illegal actions;
directly or indirectly insult anyone, including on the grounds of national, ethnic, racial or religious affiliation, as well as use chauvinistic statements;
use obscene language;
use offensive language towards the owners of the Venues and other Users of the Application;
placement of Advertisements (not agreed with the Application Administration), commercial messages, as well as messages that do not have an information load and do not relate to the functionality of the Application.

THE APPLICATION FUNCTIONALITY IS PROVIDED FOR USE ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. THE ADMINISTRATION MAKES NO WARRANTIES OR CONDITIONS REGARDING COMMERCIAL ADVANTAGE, ADAPTABILITY FOR SPECIAL PURPOSES, WARRANTIES RELATING TO ANY AGREEMENTS OR COMMERCIAL USE. THE ADMINISTRATION IS NOT RESPONSIBLE FOR ACCESS TO THE SERVICES AND THEIR USE. THE USER ACKNOWLEDGES AND AGREES THAT ANY ACCESS TO THE SERVICES OR USE IS AT THE USER’S OWN RISK.

THE ADMINISTRATION IN NO WAY CONTROLS THE SERVICES PROVIDED BY THIRD PARTIES WHEN USING THE APPLICATION.

The User shall be solely responsible for claims of other Users and third parties related to the use of the User’s content and receipt of any services from the User through the Application.

The Administration reserves the right to change the terms of this Agreement by notifying the Representative of the Institution in advance. The new version of the Agreement shall enter into force upon publication.

Agreement for users

This Agreement (hereinafter referred to as the Agreement) establishes the procedure for using the functions and services of the SMAP Application (hereinafter referred to as the Application). From the moment of using the Application, the User is deemed to have accepted the terms of this Agreement in full, without any reservations or exceptions.

Terms and Definitions The Administration is the owner of the Application.

User means an individual who has installed the Application and uses its functionality.

Moderator is an administrative person authorized by the owner of the Application to perform functions aimed at ensuring that the User complies with the rules of this Application.

An institution is a legal entity or individual entrepreneur registered in accordance with the procedure established by law that provides services/goods to an unlimited number of persons.

Pin is a mark on the map that corresponds to a particular Institution.

Profile is a personal page (account) of the User.

Bonuses – promotions, discounts, loyalty programs provided by the Institution to Users.

Information bonus – allows you to use a bonus or service without a QR code

QR code – a code that can be read by a special device, which entitles the User to use the bonus.

Push notifications are short messages that the Application sends to its Users to notify them of news, promotions, bonuses and other changes in the operation of the Venues and/or the functionality of the Application.

Registration in the App.

Registration in the Application entitles the User to access all services of the Application. To register in the Application, the User shall fill in the registration form, where he/she shall specify: the User’s name (login), e-mail and password. Upon completion of the registration process, the User shall have access to a personal profile.

In the personal profile, the User has the right to independently change the settings:

change the photo;
change the User’s name (login);
set up sending push notifications;
delete the profile;
add links to your profile in the Application to Facebook and Instagram.

Only registered Users of the Application have the right to receive and use bonuses, as well as leave comments in the Application.

How the Application works

The application contains a map showing the Casinos (Pins) and offers (bonuses) of the Casinos. Establishments that sell goods or provide services online may be displayed without the corresponding pins.

The following types of bonuses shall be provided to the User by the Institutions:

Permanent discount – is expressed as a percentage and gives the User the right to purchase a product/service in the Institution at a set discount;
Gift – has a material expression and gives the User the right to receive goods/services free of charge subject to the conditions established by the Institution.
Information bonus – allows you to use a bonus or service without a QR code.

The procedure for receiving bonuses

Users are entitled to receive the bonus in one of the following ways:

Automatically when subscribing to a Casino. Each User has the right to subscribe to any Institution indicated on the Pin map. When subscribing, the User receives a bonus, the type and amount of which is set by the owner of the Institution.
At the sole discretion of the owner of the Institution from among the subscribers of the Institution.
It is credited automatically if certain conditions set by the owner of the Institution are met.

Subject to the conditions established by the owner of the Institution, the User may receive a QR code that allows him/her to use bonuses. The QR code must be presented at the Institution for scanning.

If the bonus is a one-time one, the QR code becomes inactive after the first scan. In case the bonus can be used an unlimited number of times, the QR code remains active all the time.

The user may be provided with an informative bonus that is provided and used without the use of special QR codes.

The Owner of the Casino independently sets the period of activation of bonuses.

Rating of the Institution

After using the bonuses, the User has the right to evaluate the bonuses of the Institution on a scale from 1 to 10. Based on the results of the assessment, the rating of the Institutions is compiled, namely:

the rating of each bonus. It is calculated as the arithmetic mean of all the ratings of each bonus;
rating of the Institution. It is calculated as the arithmetic mean of all ratings of all bonuses of the Institution.

The rating of the Institution is available to the User for viewing.

User rights

The User has the right to use the functionality of the Application, namely:

view the start page;
visit the pages of the Institutions, view their profiles, subscribe to the Institutions, read the news of the Institutions to which the User is subscribed, leave comments on news and announcements regarding bonuses;
use bonuses on the terms and conditions established by the owner of the Institution;
evaluate bonuses;
contact the Moderator to resolve any issues that have arisen.

The User is obliged not to violate the terms of this Agreement, as well as to treat other Users with respect.

User Content

This Application may allow you to submit, upload, post, display, transmit, or otherwise publish content, such as profile information, screenshots, comments, feedback, images, and other materials of any type on the Application (“User Content”).

You must ensure that any User Content you provide to us does not infringe the intellectual property or other rights of any other person, or violate any applicable law.

As a rule, we do not investigate any User Content for accuracy and reliability and do not guarantee that the User Content is reliable. The rating of Venues based on user reviews is created by our system automatically, without analyzing the content of the reviews. You are solely responsible for your User Content, including its accuracy, and are fully liable for any legal claims that may be brought by other Users or third parties as a result of or in connection with your User Content, if such User Content is legally significant. We shall not be legally responsible for any feedback or comments posted or made available on the Application by any users or third parties, even if this information is subject to prosecution by law. In order to protect the integrity of the feedback system and to protect Users from abuse, we reserve the right (but are not obligated) to remove posted feedback or information that, in our opinion, violates this Agreement or negatively affects us, reduces the integrity of the feedback system, or is otherwise contrary to business interests. You acknowledge and agree that you will notify us of any error or inaccuracy in your feedback and that if you fail to do so, we may rely on the accuracy of such information.

By submitting your User Content, you hereby grant us a non-exclusive, perpetual, irrevocable, unrestricted, transferable, worldwide, royalty-free license to use, distribute, transmit, store, display, reproduce, perform, modify, adapt, publish, translate, sell your User Content in any form, media or technology now known or hereafter developed, and to

the right to otherwise use your User Content in connection with the operation or use of this Application, including the promotion, advertising or marketing of this Application or the Venues.

Moderator.

The comments left by the User on the page of the Institution may be moderated. If a comment is subject to complaints from users, the Moderator is obliged to process the complaint.

If the Moderator, after reviewing the comment, believes that the terms of this Agreement have been violated, he/she has the right to contact the violator or block the comment independently.

In case of any questions regarding the functioning of the Application, the User has the right to contact the Moderator. Moderator’s contacts: [email protected]

Rights of the Administration The Administration shall have the right:

at its sole discretion and without explanation, take any actions that do not contradict international law to restrict or deny access to the Application to Users;
collect information about Users using the Google Analytics program. This information is used to analyze the effectiveness of the Application and the interests of the Users;
The Administration shall not be responsible for the content posted on Facebook and Instagram using the Application, as well as for the content posted by the owner of the Institution;
The Application Administration shall not be responsible for the content of materials, comments of the owner of the Venue and Users posted on the pages of the Venue, as well as for the consequences of their publication.

Advertising

It is prohibited in the Appendix:

call for violence or other illegal actions;
directly or indirectly insult someone, including on the basis of national, ethnic, racial or religious affiliation, as well as use chauvinistic statements;
use obscene language;
use offensive statements about the owners of the Venues and other Users of the Application;
placement of Advertisements (not agreed with the Application Administration), commercial messages, as well as messages that do not have an information load and do not relate to the functionality of the Application.

Rules for publishing reviews in Smap

General information

A review of an establishment is a written comment in which the user evaluates the quality of work, shares personal experience of communication and interaction with the establishment. In the review, the user also has the right to give his or her personal assessment of t h e quality of service, etc. received from the establishment.

The author of the review is responsible for the accuracy of the information published.

The obligation to prove the accuracy and truthfulness of the information in the review lies with the author of the review.

By leaving a review, the user agrees that their contact information can be used to contact them and verify the accuracy of the information.

By leaving a review of the establishment and/or providing an assessment of its work and quality of services, the user agrees to the publication of information. For its part, the institution, receiving feedback from users, agrees to publish information about its services. Reviews contain the subjective opinion of the user. The publication of a review does not confirm Smap’s agreement with the information contained therein.

According to the current legislation of Ukraine, everyone has the right to freedom of thought and speech, and to the free expression of their views and beliefs.

Reviews affect the percentage of positive feedback from the establishment. Positive reviews increase the rate, while negative ones decrease it.

How reviews are published on Smap

Writing a review

A customer can leave one review in one establishment. The exception is when the user deleted the previous review. In this case, the user can leave a new review instead of the deleted one. You cannot leave a review anonymously in Smap – authorization is required. The author of the review can edit the previously left review. Or delete a review and then leave a new one.

Verification and publication

Reviews are published immediately and are moderated, which can take 7 business days. During this time, they are automatically checked for stop words and checked for compliance with the established rules of publication at the request of the establishment. If a review contains violations, it will not be published or may be deleted after a certain period of time.

Which reviews are not allowed to be published in Smap:

SPAM: advertising of goods or services, commercial offers, publication of phone numbers, links to third-party websites, e-mail or regular mail addresses, offers to buy or sell something;
personal insults, swear words, profanity, messages containing judgments or opinions that degrade honor, dignity, business reputation, including those expressed in a brutal, humiliating or obscene manner, as well as any other statements that violate the current legislation of Ukraine;
messages of a sexual nature, including pornographic content, as well as materials that present children in an erotic context;
messages of a discriminatory nature, including discrimination against individuals or groups of individuals on the basis of gender, age, race, nationality, or any other grounds;
illegal content-referring to any illegal actions or having other content that contradicts current legislation, such as propaganda of substances prohibited for sale;
incitement to racial, ethnic, or interethnic hatred, calls to violate the current legislation of Ukraine, change the state system, undermine the territorial integrity and/or national security of Ukraine, and similar extremist content;
content protected by copyright owned by third parties;
reviews based not on their own experience but on the opinions of other people, rumors, etc;
confidential information, including third-party data (including driver’s license numbers, military IDs, identification codes, etc.).

Smap also prohibits publishing reviews to manipulate the rating of a place:

fictitious positive reviews left by company employees or third parties to manipulate the company’s rating in the Prom.ua system;
fictitious negative reviews left by employees of a competing company or third parties to lower the company’s rating.

In case of establishing the fact of violation of these Rules, including, but not limited to, rating manipulation, the seller company may be temporarily or permanently restricted from accessing the application.

Consideration of disputable situations

An institution may appeal the review for the following reasons:

the review contains obscene language and/or insults;
the problem described in the review has already been resolved and the seller can confirm this;
the buyer has expressly agreed to the removal of the review and the seller can confirm this;
massive cheating of reviews by competitors, and the seller can confirm this;
spam;
fraud or deception;
harassment or persecution;
false information
images;
or specify another reason for the complaint, which will be considered by Smap moderators.

Smap always supports amicable dispute resolution.

Responsibility of the parties

As we are not a party to the use of the services, we cannot objectively assess the accuracy of the opinions expressed in the review and establish the fact of defamation. The information in the review may be contradictory, incomplete, or untrue in the opinion of the other party. We see only the information that is voiced and provided to us by the institution and the user.

We cannot estimate the level of moral or material damage caused to the institution or user.

Value judgments in a review cannot be refuted or proved, as they are the personal opinion of the author of the review.

Therefore, we welcome public statements (comments) from both the author and the recipient of the review, indicating the relevance or non-relevance of specific circumstances, providing evidence and arguments, as well as resolving disputes directly between the parties to the transaction.

Rules for moderating reviews We delete reviews:

Reviews that are prohibited for publication according to the rules of the application.
If the user has explicitly agreed to delete the review in the email correspondence with the establishment.
If the user has requested to delete the review.

If the Smap team receives additional arguments and/or materials in the process of communicating with the user, the review can be resumed without additional notification to the establishment.

If the review does not contradict the rules of publication, it will be displayed in the profile of the establishment on the “Reviews” page.

We may edit a review or rating if:

an insignificant part of the review violates the rules of publication, and when it is corrected, the meaning of the review does not change (for example, a detailed review with one obscene word or personal data);
the rating of the review does not match the text (the text is good, the rating is bad and vice versa)

THE ADMINISTRATION IN NO WAY CONTROLS THE SERVICES PROVIDED BY THIRD PARTIES WHEN USING THE APPLICATION.

The User shall be solely responsible for claims of other Users and third parties related to the use of the User’s content and receipt of any services from the User through the Application.

The Administration reserves the right to change the terms of this Agreement by notifying the Users in advance. The new version of the Agreement shall enter into force upon its publication.

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Terms of use - Smap