MULTIPASS terms and conditions of use

1. System

1.1. The Non-bank community services payment system MULTIPASS (hereinafter «MULTIPASS») is designed for delivering services to the USERS in providing access to community services (public transport, museums, parks, parking, bicycle rental etc.) without recourse to the cashier desk using USERS` personal identifiers.

1.2. The term identifiers encompasses any storage medium with contactless interface ISO 14443 Type A, B, or mobile devices capable of displaying 2D barcode produced by the SYSTEM.

1.3. The SYSTEM does not emit personal identifiers

2. Terms and definitions

2.1. Limited liability company the «MULTIPASS SYSTEM» referred as the OPERATOR conducts activities in accordance with Russian legislation and the regulation.

2.2. PASSWORD is a unique consistency comprised of letters and figures formed in due course during registration in the SYSTEM in order to provide the USER with further access to functions of the SYSTEM.

2.3. USER is an individual or legal entity willing to access the SYSTEM in due course (or has already accessed the SYSTEM in due course)

2.4. PROVIDER is a service supplier which delivers services with the use of the Non-bank system community services payment system MULTIPASS.

2.5. REGISTRATION is a primary data entry for access to the SYSTEM.

3. General provisions

3.1. This agreement determines rights and duties of the OPERATOR and the USER in providing the USER with access to the SYSTEM and when the USER uses functional capabilities of the system. This agreement comes into force since the USERS agrees to accept the terms and conditions of this agreement in accordance with the agreement section 3.2.

3.2. Having started using the SYSTEM or having REGISTERED the USER is considered as having accepted the agreement in full.

3.3. Use of the SYSTEM means the USER agreed to give His/Her consent to the processing of His/Her personal data provided by the USER and it also means the USER agreed to give His/Her consent to receive the information about service provision. The information may be delivered with the use of non-voice means of communication (i.e. via SMS messages), via the internet to a telephone number or e-mail provided by the USER.

3.4. The agreement can be altered by the OPERATOR without any specific notification. New edition of the agreement comes into force since the posting on the internet on the website given in this section if the new edition of the agreement does not alters the procedure. Any amendments, additions and new editions of the agreement apply to all users accepted the agreement including those users that had accepted the agreement before alteration, additions and new editions. If the USER keeps on using functional capabilities of the SYSTEM and (or) the service after publication of the agreement amendments the USER is considered as having accepted the alterations. The current edition of the agreement is on ____________.

3.5. If the USER does not agree with the agreement the USER is not entitled to use the SYSTEM.

4. Terms and conditions of the use of the SYSTEM

4.1. General rules of the use of the SYSTEM

4.1.1. Registration of the USER is carried out after the USER provided a specific set of information on the web-site of the MULTIPASS SYSTEM or with the use of mobile application.

4.1.2. Registration of the USER`s identifiers in the SYSTEM is carried out after the registration of the USER. The USER can register several identifiers in the SYSTEM.

4.1.3. The operator keeps record of money provided by the USER by means of creating a record representing amount of obligations of the OPERATOR to the USER in accordance with money provided by the USER.

4.1.4. Use of identifiers registered in the SYSTEM is carried out by the USER in order to receive services of the PROVIDERS connected to the SYSTEM. List of services delivered with use of identifiers is posted on the SYYSTEM`s web-site.

4.1.5. After the USER received service with use of the identifier the sum of money provided by the USER to the OPERATOR decreases by the value of the provided service in accordance with the PROVIDER`s tariff.

4.1.6. According to this agreement the OPERATOR is entitled to impose restrictions on using the System for particular groups of USERS.

4.1.7. According to this agreement the USER provides the OPERATOR with acceptance of the User regarding the PROVIDER for received services or for expenses covered by the USER and caused by the OPERATOR in order to pay for the services delivered at lack of money provided by the USER to the OPERATOR in order to pay for the service.

4.2. Granting procedure and money registration

4.2.1. The USER can enlarge the sum of money given to the OPERATOR with an aim of replenishing by several ways:
• In the USER`s account on the SYSTEM`s web-site by means of payment services available.
• To deposit money in the SYSTEM`s information centres.
• By other means listed on the web-site.
Means and terms of replenishing can be changed by the OPERATOR.

4.2.2. If the USER provides the OPERATOR with money it increases the funds provided.

4.2.3. The OPERATOR is entitled to impose a limit on money replenishing in order to increase funds provided and to limit the overall sum of money provided. Exact terms of money provision according to every mean of replenishing as well as existing limits are listed on the SYSTEM`s webstore.

4.2.4. If a sum of money provided for the OPERATOR by the USER exceeds the limit the OPERATOR refuses to replenish the funds.

4.2.5. Information about funds replenishments for the OPERATOR, transactions made by the USER in the SYSTEM as well as other information obtained in accordance with this agreement is recorded and retained by the OPERATOR in the SYSTEM`s data base for three years since the transactions in case any other term is not determined by Russian legislation. Data retention that exceeds the term stated above or Russian legislation is carried out by the OPERATOR on its own.

4.3. Identifier blocking

4.3.1. The OPERATOR exercises blocking at the USER`s initiative and at its own initiative in cases determined by this agreement.

4.3.2. At the initiative of the USER identifier blocking is carried out:
• In the User account on the SYSTEM`s web-site
• On the basis of a written statement provided by the USER

4.3.3. At the OPERATOR`s initiative identifier blocking is carried out in several cases:
• Lack or absence of money provided by the USER for services payments.
• If the OPERATOR suspects that the USER violated the terms of identifier use including acts of fraud involving identifier.
• In case of wrongful identifier use
• In case of violation of the agreement or acting Russian legislation by the USER.

4.3.4. Identifier blocking by the OPERATOR means termination of all transactions that entail decrease of the USER`s funds given to the OPERATOR.

4.3.5. Blocking carried out at the OPERATOR`s initiative remains for a certain period:
• Until the USER increases the funds given to the OPERATOR to sufficient sum needed to deliver services
• For an uncertain period until further clarification (or until receiving information from the USER) and until the USER addresses all the breaches made while using the identifier.

4.3.6. The USER`s identifier unlicking is realized by the OPERATOR on the date when terms determined by the section of the agreement 4.4.5 come into force.

4.4. Refund of the remaining funds

4.4.1. The OPERATOR realizes refund of the reaming funds to the USER, given to the OPERATOR by the USER in accordance with the USER`s written statement, made by the USER on request to the OPERATOR after simplified user verification procedure. The agreement is terminated.

4.4.2. On the date of the agreement termination the USER`s registration in the SYSTEM is revoked. The USER`s identifiers are deleted from the SYSTEM.

4.4.3. If the OPERATOR does not receive the USER`s written request for refund of the remaining funds given by the USER to the OPERATOR on expiry of 30 calendar days since the date of the agreement termination refund of the remaining funds can be realized in period of three years since the agreement termination.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The USER is obliged:

5.1.1. To provide by own efforts and at own expense access to the Internet and also control and protection against unauthorized use of the equipment and also to react quickly at detection of cases of such use.

5.1.2. To ensure safety of the password of the USER and other means of identification of the USER.

5.1.3. To accept full responsibility for all actions taken through the account belonging to him, taking place after registration of the USER.

5.1.4. To meet conditions of the present Agreement.

5.1.5. To refund the expenses of the OPERATOR made for fee, rendered by PROVIDER, in case of receiving service by the USER a lack of the money provided by the USER to the OPERATOR for full payment of service. Compensation of the specified expenses of the OPERATOR is carried out on the basis of the Acceptance of the USER given by the USER to the OPERATOR according to paragraph 4.1.7 of the present Agreement.

5.2. The USER has the right:

5.2.1. To use services of the Operator rendered within the present Agreement;

5.2.2. To use services of PROVIDER of services and use of the identifiers registered in SYSTEM.

5.2.3. To show to the OPERATOR of a claim and to provide statements in the order and cases provided by the present Agreement;

5.2.4. To refuse unilaterally performance of the present Agreement in case the USER has no debt to the OPERATOR;

5.2.5. To demand return of the rest of the money provided to the OPERATOR within 3 years from the moment of commission of the last operation with use of the Identifier registered in SYSTEM on condition of providing the corresponding statement in information center of the OPERATOR.

5.3. When using the SYSTEM the USER has no right:

5.3.1. To break normal work of SYSTEM;

5.3.2. To promote the actions directed to violation of the restrictions and the bans imposed by the Agreement.

5.3.3. In any other manner to break standards of the legislation.

5.4. The OPERATOR is obliged:

5.4.1. To provide functioning of SYSTEM.

5.4.2. To notify the USER on operations in the order specified in the present Agreement.

5.4.3. In accordance with the established procedure to ensure safety, safety and nondisclosure of the information provided by the USER.

5.4.4. According to the written statement of the USER to carry out return of the Rest of the money provided by the USER to the OPERATOR, the way specified in item 4.4 of the present Agreement and in the order provided by internal documents of the OPERATOR;

5.4.5. To carry out other obligations provided by the present Agreement.

5.5. The OPERATOR has the right:

5.5.1. To refuse to the USER providing service if the sum of the rest of the money provided by the USER to the OPERATOR is insufficient for payment of service in a tariff of PROVIDER;

5.5.2. To refuse to the USER increase in the rest of the money provided to the OPERATOR in the case provided by item 4.2.4 of the present Agreement;

5.5.3. To carry out Blocking of the identifier in the cases provided by the present Agreement and/or the legislation of the Russian Federation;

5.5.4. To establish and change (to increase, reduce) unilaterally restrictions (Limits) for commission of operations with use of Identifiers. Information on such changes is placed at stands in information centers and the Website of the OPERATOR and comes into force after 5 calendar days from the date of placement.

5.5.5. To make changes and/or additions to the present Agreement by placement of new edition of the Agreement at stands in information centers of the OPERATOR and the Website of the OPERATOR. New edition of the Agreement comes into force after 5 calendar days from the date of placement.

5.5.6. Without prevention to suspend use of SYSTEM by the USER in cases:
• violations by the USER of conditions of this Agreement or implementation by the USER of actions which the OPERATOR reasonably considers violating terms of agreement;
• in connection with the unforeseen problems of technical character or circumstances connected with safety;

5.6. The USER is obliged to notify immediately the OPERATOR on any case unauthorized (not resolved by the USER) access to SYSTEM with use of the account of the USER and/or on any violation (suspicions about violation) confidentiality of the password, other means of identification. For safety the USER is obliged to carry out independently safe completion of work under the account upon termination of each session of work with observance of requirements of SYSTEM. The OPERATOR isn't responsible for possible loss or damage of data and also other consequences of any character which can happen because of violation by the USER of provisions of this part of the Agreement.

6. Responsibility of the parties

6.1. The parties bear responsibility for inadequate execution of the duties according to the legislation of the Russian Federation and conditions of the present Agreement.

6.2. The OPERATOR bears responsibility to the USER on compensation to the last of the sums of the operations made without the consent of the USER according to requirements of article 9 of the Federal law of 27.06. 2011 No. 161-FZ "On the National Payment System".

6.3. The OPERATOR doesn't bear responsibility for:

6.3.1. The accidents, failures or interruptions in functioning of SYSTEM connected with violations in operation of the equipment, communication systems or networks which are provided, move, operated and/or are served by the third parties.

6.3.2. The damage suffered by the USER as a result:
• violations by the USER of the present Agreement;
• illegal actions of the third parties including connected with use of the account of the USER and also with use of the information about the user provided to them during use of SYSTEM if such data became available to the third persons not because of the OPERATOR.

6.3.3. The losses which have arisen at the USER as a result of Blocking of the Identifier;

6.3.4. The losses which have resulted from violation by the USER of an established order of depositing funds;

6.4. The USER independently bears responsibility for:

6.4.1. Safety (resistance to guessing) of the password used by it and also independently provides confidentiality of the password and other means of identification.

6.4.2. All actions (and also their consequences) made under the account of the USER in SYSTEM including cases of voluntary transfer of data by the USER for access to the account of the USER to the third parties on any terms (including under contracts or agreements). At the same time all actions in SYSTEM made under the account of the USER are considered made by the USER, except for cases when the USER has notified in advance the OPERATOR on unauthorized access to SYSTEM with use of the account of the USER and/or on any violation (suspicions about violation) confidentiality of the password, other means of identification.

6.5. The USER and the OPERATOR don't bear responsibility for non-execution or inadequate performance of the present Agreement if appropriate execution was impossible owing to approach of force majeure circumstances.

7. OTHER CONDITIONS

7.1. The present Agreement is regulated and interpreted according to the legislation of the Russian Federation. The questions which aren't settled by the present Agreement are subject to permission according to the legislation of the Russian Federation. All possible disputes following from the relations regulated by the present Agreement are resolved in the order established by the current legislation of the Russian Federation on norms of Russian law.

7.2. Conditions of this Agreement work until one of the parties does not express the intention to leave the Agreement if the legislation of the Russian Federation and regulations of the city of Moscow haven't established other.