Rules of “Sparks” Loyalty Program
1.TERMS AND DEFINITIONS
Bot.
The software (computer program) created and operated by the Service, the use of which can be started via the Telegram Messenger application at: https://t.me/monday4me_bot.
Sparks.
Technical standard units of the Program awarded to the User in the Bot on the grounds established by the Rules.
The Sparks awarded in the Bot under the Program shall be a marketing tool to increase the loyalty of the Users.
For the purposes of the Program, including but not limited to the determination of the Discount, one (1) Spark shall be equal to one (1) Russian ruble, provided that the Sparks being the technical standard units of the Program are not monetary items or monetary units and are not used as a means of payment.
Consultant.
A person who has concluded an agreement for the provision of consulting services with the User by means of the Bot functionality and provides the Services in accordance with such agreement.
User.
An individual having the required legal capacity who has started using the Bot by sending the “/start” command to the Bot.
Rules.
The present document made by the Service, representing a public offer and specifying the terms and conditions of the Program implementation.
Program.
The present “Sparks” loyalty program implemented by the Service in accordance with the Rules to increase the loyalty of the Users, including but not limited to increasing the activity of the Users in relation to the purchase of the Services.
Service.
LIMITED LIABILITY COMPANY “MONDAY4ME” (INN (Taxpayer Identification Number) 9729318077; OGRN (Primary State Registration Number) 1227700006930, registration address: Apt. 17, 9 Nezhinskaya St., Ochakovo-Matveyevskoye Intracity Area, Moscow, Russia 119501), implementing the Program.
Discount.
The discount granted to the User on paying for the Services when using the Sparks in accordance with the Rules.
Services
(i) the services consisting in the provision of counselling services by the Consultant to the User via the Bot functionality by means of text messaging during a certain time period (“Session”), or (alternatively) (ii) the services consisting in the provision of counselling services by the Consultant to the User via the Bot functionality by means of preparing a written delayed answer to the User's question (“Advice”).
2.GENERAL PROVISIONS
2.1. The participation in the Program shall be voluntary and free and shall not require any financial contributions from the User for the benefit of the Service.
2.2. The Program shall be valid from February 20, 2022 till December 31, 2025, and the term of the Program may be extended by the decision of the Service by way of altering the Rules in accordance with paragraph 4.4 of the Rules.
2.3. The Program shall apply to a certain User from the date of acceptance of the Rules by the User in accordance with the paragraph below.
2.4. To participate in the Program, the User shall accept the Rules by fulfilling their terms and conditions (implicative actions) in accordance with Clause 3 of Article 434 of the Civil Code of the Russian Federation and Clause 3 of Article 438 of the Civil Code of the Russian Federation. The fulfillment of the terms and conditions of the Rules, inter alia, shall be pressing (clicking) of the interface element of the Bot “I accept the terms and conditions of the Rules” available to the User after familiarization with the Rules.
2.5. For the avoidance of doubt, pressing (clicking) of the interface element of the Bot “I accept the terms and conditions of the Rules” by the User shall mean that the User has read and understood the terms and conditions, and acknowledges and agrees with them.
2.6. Under no circumstances and in no event the Sparks may be:
2.6.1. converted into cash or exchanged for cash;
2.6.2. transferred to any third parties, including other Users; and if the User enters the Bot and starts using it via a new account in the Telegram Messenger application, then the User shall be considered as a different User (third party).
2.7. The Sparks may be used by the User solely for the purpose of getting the Discount in accordance with the Rules.
2.8. The User shall maintain control of their account in the Telegram Messenger application, via which the User interacts with the Bot.
3.THE PROCEDURE FOR AWARDING, USE AND DEDUCTION OF THE SPARKS
3.1. The Sparks are awarded to the User as part of the Bot functionality. The balance of the Sparks awarded to the User shall be displayed in the Bot interface for the User’s information. The Sparks shall be awarded only during the term of the Program.
3.2. The Sparks are awarded to the User on the grounds and in the quantity specified in the table available at: https://monday4me.notion.site/dcdbba6168904e5c9a7801a0bd1262ed.
Awarding the Sparks on other grounds and in the quantity not compliant with that specified in the table at the link above shall be prohibited, except for the cases specified in paragraph 7.7 of the Rules.
3.3. The Sparks shall be awarded to the User within three (3) calendar days from the date of occurrence of the corresponding ground (the term for awarding the Sparks may be both reduced and extended if the Sparks are awarded in accordance with paragraph 7.7 of the Rules).
3.4. The Sparks awarded to the User may be used by the User only to get the Discount according to the balance of the Sparks.
3.5. The User shall request the Discount using the Bot functionality. The Discount shall be granted at the request of the User in the amount determined by the User according to paragraph 3.4 of the Rules, while the maximum amount of the Discount shall be limited to the amount determined as follows: the cost of the Services of the Consultant for which the Discount is requested minus one hundred and twenty five (125) Russian rubles.
3.6. The Discount shall be granted to the User only upon conclusion of the counselling services agreement with the Consultant via the Bot functionality.
3.7. The Discount shall be granted to the User by means of partial fulfillment by the Service of the User's obligation to pay the Consultant for the Services.
When granting the Discount, the Service shall act as a party partially obliged by the User to pay the Consultant for the Services.
When providing the Discount, the Service shall not become a party to the agreement between the User and the Consultant.
For the avoidance of doubt, the Service may fulfill the User’s obligation to pay the Consultant for the Services only within the limits of the granted Discount.
3.8. The Discount shall be considered granted to the User when the Services began to be provided to the User with the requested Discount.
After the provision of the Discount, the amount of the Sparks corresponding to the amount of the Discount requested by the User shall be immediately deducted from the User’s balance.
3.9. All the Sparks awarded to the User shall be unconditionally and irrevocably deducted if the User fails to use the Sparks within three (3) calendar months in a row.
For the avoidance of doubt, the use of the Sparks shall mean getting the Discount by the User at their request.
3.10. The Sparks awarded to the User as a result of a technical failure of the Bot or the Telegram Messenger application, as well as a result of the misuse by the User or another person of the functionality of the Bot or the Telegram Messenger application, shall be subject to irrevocable and unconditional deduction.
3.11. The Service is entitled to irrevocably and unconditionally deduct all the Sparks awarded to the User in the following cases:
3.11.1. commission by the User of actions aimed to obtain the Sparks in violation of the Rules;
3.11.2 violation and/or failure to comply with the Rules by the User;
3.11.3 violation by the User of the counselling services agreement concluded with the Consultant;
3.11.4. the use of the Bot for business activities by the User;
3.11.5. provision of unreliable and/or misleading information to the Service by the User;
3.11.6. violation by the User of the Bot use rules available at: https://monday4me.notion.site/feb8262e2db14b17bc5d3783014c825f.
4.TERMINATION OF PARTICIPATION IN THE PROGRAM, CHANGE OF THE RULES
4.1. The termination of the User’s participation in the Program shall result in the termination of the User's relations with the Service in terms of the participation in the Program, as well as the irrevocable and unconditional deduction of all the Sparks awarded to the User.
The User whose participation in the Program has been terminated may resume the participation in the Program only by means of repeated acceptance of the Rules in accordance with paragraph 2.4 of the Rules.
4.2. The User’s participation in the Program shall be automatically terminated in the following cases:
4.2.1 complete cessation of the Bot functioning;
4.2.2. complete cessation of the Telegram Messenger application functioning;
4.2.3. complete cessation of the Telegram Messenger application functioning in the territory of the Russian Federation;
4.2.4. expiration of the term of the Program.
4.3. The User may unilaterally and out of court terminate their participation in the Program at any time by notifying the Service via the Bot functionality, namely, by sending a notice in the “FAQ” section.
4.4. For the purposes of changing the Rules, the silence (inaction) on the part of the User shall be deemed as consent (acceptance). The Rules shall be changed as follows: (i) The Service shall send the proposed changes to the Rules to the User via the Bot functionality, namely, by sending the proposed changes to the User to a dialogue with the Bot, (ii) if the User within one (1) calendar day fails to send an objection to the proposed changes to the Rules to the Service via the Bot functionality, namely, by sending an objection to a dialogue with the Bot, then such silence shall be deemed as the User’s consent (acceptance) with the proposed changes to the Rules, and such changes shall become effective after the expiration of the term for sending objections by the User specified in this paragraph of the Rules.
For the avoidance of doubt, the proposed changes to the Rules shall not cancel free participation of the User in the Program.
5.LIABILITY
5.1. The Service shall not provide the Services to the User and shall not bear any responsibility in connection with the provision of the Services to the User, and any claims and requirements in connection with the provision of the Services shall be settled between the User and the Consultant.
5.2. The Service shall not bear any responsibility for the following:
5.2.1. any losses of the Users resulting from the participation in the Program, including but not limited to the cases when such losses have arisen due to the actions of dishonest third parties aimed to obtain unlawful access to the User's account in the Telegram Messenger application, or due to the impact of malicious programs;
5.2.2. continuity of functioning of the Telegram Messenger application;
5.2.3. continuity of functioning of the Bot;
5.2.4. impossibility to conclude the counselling services agreement with the Consultant via the Bot functionality due to technical reasons and/or absence of persons ready to act as the Consultant.
5.3. The Service shall not cover any expenses of Users on the Internet, telephone, and transport and other expenses that may arise during the participation in the Program.
6.SETTLEMENT OF DISPUTES
6.1. These Ruses shall be governed by the material law of the Russian Federation.
6.2. Any applications, claims or requirements in connection with awarding or deducting the Sparks shall be submitted to the Service no later than seven (7) calendar days from the date of occurrence of the ground for awarding or deducting the Sparks respectively. The Service shall consider the received application, claim or requirement within thirty (30) calendar days.
The claim procedure shall be complied with.
6.3. All disputes and/or disagreements concerning the participation in the Program and/or the implementation of the Program not settles according to the claim procedure shall be settled by a court of general jurisdiction (a magistrate judge) at the Service location.
7.MISCELLANEOUS
7.1. The headings used in the Rules shall be for convenience only and in no case affect the meaning or interpretation of the Rules.
7.2. Should any provision of the Rules be declared invalid, such invalidity shall not affect the validity of the remaining provisions of the Rules.
7.3. The Service is entitled to request from the User any information required for the Service to check the grounds for awarding, use or deduction of the Sparks. The User agrees to provide the information requested by the Service no later than seven (7) calendar days from the date of the corresponding request of the Service sent to the User via the Bot functionality, namely, by sending the corresponding request to the User in the “FAQ” section.
7.4. The Service may refuse to award the Sparks to the User in case of violation and/or failure to comply with paragraph 7.3 of the Rules by the User.
7.5. The Service may carry out technical works and/or preventive maintenance to ensure the stable operation of the Bot without prior notice of the User. The User acknowledges and agrees that awarding and use of the Sparks may be suspended during the period of technical works and/or preventive maintenance.
7.6. The Service may engage any third parties to fulfill its obligations without prior approval of the User and without prior notice of the User.
7.7. In cases when the Service has not been provided by the Consultant to the User in accordance with the counselling services agreement concluded between the User and the Consultant via the Bot functionality, or when the Services according to counselling services agreement concluded between the User and the Consultant via the Bot functionality have been improperly provided by the Consultant, or in other cases when the User has received no positive user experience from using the Bot, the Service may but does not have to award the User with additional Sparks.
8.ELECTRONIC INTERACTION AGREEMENT
8.1. The Service and the User agree that in terms of the Bot they shall mutually recognize electronic documents signed with a simple digital signature as equivalents to paper documents signed with a handwritten signature.
8.2. For the purposes of this electronic interaction agreement, the simple digital signature key shall be determined via the functionality of the Telegram Messenger application and shall be a combination of the User's mobile phone number and the confirmation code received by the User when logging in their account in the Telegram Messenger application (regardless of the used device).
8.3. The person using the simple digital signature key shall be identified via the functionality of the Telegram Messenger application (regardless of the used device used) and the Bot.
8.4. The User undertakes to guarantee confidentiality with regard to the simple digital signature key.
Bot.
The software (computer program) created and operated by the Service, the use of which can be started via the Telegram Messenger application at: https://t.me/monday4me_bot.
Sparks.
Technical standard units of the Program awarded to the User in the Bot on the grounds established by the Rules.
The Sparks awarded in the Bot under the Program shall be a marketing tool to increase the loyalty of the Users.
For the purposes of the Program, including but not limited to the determination of the Discount, one (1) Spark shall be equal to one (1) Russian ruble, provided that the Sparks being the technical standard units of the Program are not monetary items or monetary units and are not used as a means of payment.
Consultant.
A person who has concluded an agreement for the provision of consulting services with the User by means of the Bot functionality and provides the Services in accordance with such agreement.
User.
An individual having the required legal capacity who has started using the Bot by sending the “/start” command to the Bot.
Rules.
The present document made by the Service, representing a public offer and specifying the terms and conditions of the Program implementation.
Program.
The present “Sparks” loyalty program implemented by the Service in accordance with the Rules to increase the loyalty of the Users, including but not limited to increasing the activity of the Users in relation to the purchase of the Services.
Service.
LIMITED LIABILITY COMPANY “MONDAY4ME” (INN (Taxpayer Identification Number) 9729318077; OGRN (Primary State Registration Number) 1227700006930, registration address: Apt. 17, 9 Nezhinskaya St., Ochakovo-Matveyevskoye Intracity Area, Moscow, Russia 119501), implementing the Program.
Discount.
The discount granted to the User on paying for the Services when using the Sparks in accordance with the Rules.
Services
(i) the services consisting in the provision of counselling services by the Consultant to the User via the Bot functionality by means of text messaging during a certain time period (“Session”), or (alternatively) (ii) the services consisting in the provision of counselling services by the Consultant to the User via the Bot functionality by means of preparing a written delayed answer to the User's question (“Advice”).
2.GENERAL PROVISIONS
2.1. The participation in the Program shall be voluntary and free and shall not require any financial contributions from the User for the benefit of the Service.
2.2. The Program shall be valid from February 20, 2022 till December 31, 2025, and the term of the Program may be extended by the decision of the Service by way of altering the Rules in accordance with paragraph 4.4 of the Rules.
2.3. The Program shall apply to a certain User from the date of acceptance of the Rules by the User in accordance with the paragraph below.
2.4. To participate in the Program, the User shall accept the Rules by fulfilling their terms and conditions (implicative actions) in accordance with Clause 3 of Article 434 of the Civil Code of the Russian Federation and Clause 3 of Article 438 of the Civil Code of the Russian Federation. The fulfillment of the terms and conditions of the Rules, inter alia, shall be pressing (clicking) of the interface element of the Bot “I accept the terms and conditions of the Rules” available to the User after familiarization with the Rules.
2.5. For the avoidance of doubt, pressing (clicking) of the interface element of the Bot “I accept the terms and conditions of the Rules” by the User shall mean that the User has read and understood the terms and conditions, and acknowledges and agrees with them.
2.6. Under no circumstances and in no event the Sparks may be:
2.6.1. converted into cash or exchanged for cash;
2.6.2. transferred to any third parties, including other Users; and if the User enters the Bot and starts using it via a new account in the Telegram Messenger application, then the User shall be considered as a different User (third party).
2.7. The Sparks may be used by the User solely for the purpose of getting the Discount in accordance with the Rules.
2.8. The User shall maintain control of their account in the Telegram Messenger application, via which the User interacts with the Bot.
3.THE PROCEDURE FOR AWARDING, USE AND DEDUCTION OF THE SPARKS
3.1. The Sparks are awarded to the User as part of the Bot functionality. The balance of the Sparks awarded to the User shall be displayed in the Bot interface for the User’s information. The Sparks shall be awarded only during the term of the Program.
3.2. The Sparks are awarded to the User on the grounds and in the quantity specified in the table available at: https://monday4me.notion.site/dcdbba6168904e5c9a7801a0bd1262ed.
Awarding the Sparks on other grounds and in the quantity not compliant with that specified in the table at the link above shall be prohibited, except for the cases specified in paragraph 7.7 of the Rules.
3.3. The Sparks shall be awarded to the User within three (3) calendar days from the date of occurrence of the corresponding ground (the term for awarding the Sparks may be both reduced and extended if the Sparks are awarded in accordance with paragraph 7.7 of the Rules).
3.4. The Sparks awarded to the User may be used by the User only to get the Discount according to the balance of the Sparks.
3.5. The User shall request the Discount using the Bot functionality. The Discount shall be granted at the request of the User in the amount determined by the User according to paragraph 3.4 of the Rules, while the maximum amount of the Discount shall be limited to the amount determined as follows: the cost of the Services of the Consultant for which the Discount is requested minus one hundred and twenty five (125) Russian rubles.
3.6. The Discount shall be granted to the User only upon conclusion of the counselling services agreement with the Consultant via the Bot functionality.
3.7. The Discount shall be granted to the User by means of partial fulfillment by the Service of the User's obligation to pay the Consultant for the Services.
When granting the Discount, the Service shall act as a party partially obliged by the User to pay the Consultant for the Services.
When providing the Discount, the Service shall not become a party to the agreement between the User and the Consultant.
For the avoidance of doubt, the Service may fulfill the User’s obligation to pay the Consultant for the Services only within the limits of the granted Discount.
3.8. The Discount shall be considered granted to the User when the Services began to be provided to the User with the requested Discount.
After the provision of the Discount, the amount of the Sparks corresponding to the amount of the Discount requested by the User shall be immediately deducted from the User’s balance.
3.9. All the Sparks awarded to the User shall be unconditionally and irrevocably deducted if the User fails to use the Sparks within three (3) calendar months in a row.
For the avoidance of doubt, the use of the Sparks shall mean getting the Discount by the User at their request.
3.10. The Sparks awarded to the User as a result of a technical failure of the Bot or the Telegram Messenger application, as well as a result of the misuse by the User or another person of the functionality of the Bot or the Telegram Messenger application, shall be subject to irrevocable and unconditional deduction.
3.11. The Service is entitled to irrevocably and unconditionally deduct all the Sparks awarded to the User in the following cases:
3.11.1. commission by the User of actions aimed to obtain the Sparks in violation of the Rules;
3.11.2 violation and/or failure to comply with the Rules by the User;
3.11.3 violation by the User of the counselling services agreement concluded with the Consultant;
3.11.4. the use of the Bot for business activities by the User;
3.11.5. provision of unreliable and/or misleading information to the Service by the User;
3.11.6. violation by the User of the Bot use rules available at: https://monday4me.notion.site/feb8262e2db14b17bc5d3783014c825f.
4.TERMINATION OF PARTICIPATION IN THE PROGRAM, CHANGE OF THE RULES
4.1. The termination of the User’s participation in the Program shall result in the termination of the User's relations with the Service in terms of the participation in the Program, as well as the irrevocable and unconditional deduction of all the Sparks awarded to the User.
The User whose participation in the Program has been terminated may resume the participation in the Program only by means of repeated acceptance of the Rules in accordance with paragraph 2.4 of the Rules.
4.2. The User’s participation in the Program shall be automatically terminated in the following cases:
4.2.1 complete cessation of the Bot functioning;
4.2.2. complete cessation of the Telegram Messenger application functioning;
4.2.3. complete cessation of the Telegram Messenger application functioning in the territory of the Russian Federation;
4.2.4. expiration of the term of the Program.
4.3. The User may unilaterally and out of court terminate their participation in the Program at any time by notifying the Service via the Bot functionality, namely, by sending a notice in the “FAQ” section.
4.4. For the purposes of changing the Rules, the silence (inaction) on the part of the User shall be deemed as consent (acceptance). The Rules shall be changed as follows: (i) The Service shall send the proposed changes to the Rules to the User via the Bot functionality, namely, by sending the proposed changes to the User to a dialogue with the Bot, (ii) if the User within one (1) calendar day fails to send an objection to the proposed changes to the Rules to the Service via the Bot functionality, namely, by sending an objection to a dialogue with the Bot, then such silence shall be deemed as the User’s consent (acceptance) with the proposed changes to the Rules, and such changes shall become effective after the expiration of the term for sending objections by the User specified in this paragraph of the Rules.
For the avoidance of doubt, the proposed changes to the Rules shall not cancel free participation of the User in the Program.
5.LIABILITY
5.1. The Service shall not provide the Services to the User and shall not bear any responsibility in connection with the provision of the Services to the User, and any claims and requirements in connection with the provision of the Services shall be settled between the User and the Consultant.
5.2. The Service shall not bear any responsibility for the following:
5.2.1. any losses of the Users resulting from the participation in the Program, including but not limited to the cases when such losses have arisen due to the actions of dishonest third parties aimed to obtain unlawful access to the User's account in the Telegram Messenger application, or due to the impact of malicious programs;
5.2.2. continuity of functioning of the Telegram Messenger application;
5.2.3. continuity of functioning of the Bot;
5.2.4. impossibility to conclude the counselling services agreement with the Consultant via the Bot functionality due to technical reasons and/or absence of persons ready to act as the Consultant.
5.3. The Service shall not cover any expenses of Users on the Internet, telephone, and transport and other expenses that may arise during the participation in the Program.
6.SETTLEMENT OF DISPUTES
6.1. These Ruses shall be governed by the material law of the Russian Federation.
6.2. Any applications, claims or requirements in connection with awarding or deducting the Sparks shall be submitted to the Service no later than seven (7) calendar days from the date of occurrence of the ground for awarding or deducting the Sparks respectively. The Service shall consider the received application, claim or requirement within thirty (30) calendar days.
The claim procedure shall be complied with.
6.3. All disputes and/or disagreements concerning the participation in the Program and/or the implementation of the Program not settles according to the claim procedure shall be settled by a court of general jurisdiction (a magistrate judge) at the Service location.
7.MISCELLANEOUS
7.1. The headings used in the Rules shall be for convenience only and in no case affect the meaning or interpretation of the Rules.
7.2. Should any provision of the Rules be declared invalid, such invalidity shall not affect the validity of the remaining provisions of the Rules.
7.3. The Service is entitled to request from the User any information required for the Service to check the grounds for awarding, use or deduction of the Sparks. The User agrees to provide the information requested by the Service no later than seven (7) calendar days from the date of the corresponding request of the Service sent to the User via the Bot functionality, namely, by sending the corresponding request to the User in the “FAQ” section.
7.4. The Service may refuse to award the Sparks to the User in case of violation and/or failure to comply with paragraph 7.3 of the Rules by the User.
7.5. The Service may carry out technical works and/or preventive maintenance to ensure the stable operation of the Bot without prior notice of the User. The User acknowledges and agrees that awarding and use of the Sparks may be suspended during the period of technical works and/or preventive maintenance.
7.6. The Service may engage any third parties to fulfill its obligations without prior approval of the User and without prior notice of the User.
7.7. In cases when the Service has not been provided by the Consultant to the User in accordance with the counselling services agreement concluded between the User and the Consultant via the Bot functionality, or when the Services according to counselling services agreement concluded between the User and the Consultant via the Bot functionality have been improperly provided by the Consultant, or in other cases when the User has received no positive user experience from using the Bot, the Service may but does not have to award the User with additional Sparks.
8.ELECTRONIC INTERACTION AGREEMENT
8.1. The Service and the User agree that in terms of the Bot they shall mutually recognize electronic documents signed with a simple digital signature as equivalents to paper documents signed with a handwritten signature.
8.2. For the purposes of this electronic interaction agreement, the simple digital signature key shall be determined via the functionality of the Telegram Messenger application and shall be a combination of the User's mobile phone number and the confirmation code received by the User when logging in their account in the Telegram Messenger application (regardless of the used device).
8.3. The person using the simple digital signature key shall be identified via the functionality of the Telegram Messenger application (regardless of the used device used) and the Bot.
8.4. The User undertakes to guarantee confidentiality with regard to the simple digital signature key.
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