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;
3.5.13. The User ensures the
confidentiality of the PIN-code, and
under no circumstances, discloses or
shares it. All risks associated with
intentional, negligent or any other
breach of this Privacy Policy shall
be borne by the User, and no claims
may be made against the Company in
the future for breach of this
obligation;
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]