1. GENERAL PROVISIONS

These Terms and Conditions applied to the use of the NOOSHCARD PROGRAM regulate the relationship between the Company and the User regarding the User's use of the provided APPLICATION.

By entering and using the NOOSHCARD APPLICATION, the User is deemed to have fully and unconditionally accepted these Terms of Use and Conditions (hereinafter referred to as "Terms").

Collection and use of the User's personal data in connection with the service is carried out in accordance with the Privacy Policy.

2. DEFINITIONS

• Company: NOOSHCARD Limited Liability Company.
• User: Customer employees who participate in the PROGRAM by accepting the rules.
• NOOSHCARD PROGRAM/PROGRAM: A comprehensive set of mutual actions and activities, as well as a virtual platform, that provides opportunities to Users when purchasing products from PARTNERS and determines the scope of Users' rights based on PARTNERS' special service conditions within the framework of PROGRAM campaigns.
• NOOSHCARD APPLICATION: Mobile application service provided and managed by the Company that enables product purchases at public food service points.
• NOOSHCARD PACKAGE: Virtual limit provided to Users for use during a specific period.
• Customer: Natural or legal persons who contract with the Company to benefit from the NOOSHCARD PROGRAM and include Users (corporate employees) to benefit from the PROGRAM.
• Partners: Natural or legal persons who contract with the Company to participate in the NOOSHCARD PROGRAM and offer products to Users through the PROGRAM.
• Public Food Service Point: Trade or service points (product sales points) belonging to Partners.
• Product: Food and foodstuff planned to be purchased by Users.
• Coupon: Electronic code that the User can obtain from the NOOSHCARD APPLICATION in exchange for accumulated points and that enables obtaining PARTNER's service or product.
• QR CODE: Special type of barcode containing necessary information that enables payment by scanning with mobile device camera through the NOOSHCARD APPLICATION.
• Personal Data: Information provided by the User for contacting the User or determining their identity (name, surname, mobile phone number, email address).

3. NATURE OF THE PROGRAM

NOOSHCARD PROGRAM is a digital platform that provides Users with the opportunity to purchase products at public food service points belonging to partners, provided by the employer. The purpose of this service is to provide social support to employees and ensure comfortable and controlled satisfaction of their daily product needs.

4. USER STATUS

Only persons registered and approved by the employer can benefit from this PROGRAM as Users. The account created on behalf of the User is for personal use only and cannot be transferred or sold to others.

5. APPLICATION ACCESS AND USAGE CONDITIONS

• 5.1. The APPLICATION can only be used by Users registered by the employer.
• 5.2. To benefit from the NOOSHCARD APPLICATION, the User must download the APPLICATION through App Store or Google Play on their mobile device. The employer must register the User by entering the mobile phone number and required personal information, and complete the registration by entering the confirmation code sent via SMS. Once registration is completed, a personal electronic panel/profile is created for the User.
• 5.3. The APPLICATION can only be used at the provided public food service points. In this case, the User can only select products at recommended public food service points and make product purchases as specified in Article 6 of these Terms.
• 5.4. The User can view partner restaurants from the restaurants section on an interactive map and make address-based selections according to distance.
• 5.5. The User can monitor the balance transferred to their NOOSHCARD account and filter balance deductions during product purchases by time intervals (last year, month, week).
• 5.6. Unused NOOSHCARD PACKAGE during the month is carried over to the next month.
• 5.7. The balance within the NOOSHCARD PACKAGE is determined according to the employer's internal regulations, and the Company is officially notified about this.

6. QR CODE USAGE CONDITIONS

• 6.1. Balance deductions are possible through QR CODE. The User creates a QR CODE through the APPLICATION and makes product purchases by scanning the QR CODE provided by public food service points with the mobile device camera.
• 6.2. Transactions made with QR CODE are completely valid. Using QR CODE represents the User's confirmation of performing the relevant transaction.
• 6.3. Balance deductions for products obtained are only valid at public food service points recommended through the APPLICATION.
• 6.4. Product selection by the User is possible within the proposed balance limits. In other cases, additional cost for the selected product is covered from personal funds.

7. TEXT MESSAGING

During APPLICATION usage, the User consents to the sending of text messages (SMS/email) by the Company. The User also agrees to receive promotional messages. The User can cancel the sending of such messages at any time by making a written application to the email address info@nooshcard.az, specifying the number receiving messages. The User accepts that canceling text messages (SMS/email) will affect APPLICATION usage.

8. PROMO CODES

The Company may create additional opportunities by adding promo codes to the Account at its own independent decision. The User accepts the following regarding promo codes:

• Promo codes must be used for specific audiences and purposes in a lawful manner;
• Unless specially permitted by the Company, promo codes cannot be reused, sold, transferred, or publicly disclosed (whether published or not);
• The Company may disable promo codes at any time for any reason and assumes no responsibility in this regard;
• The User may not use promo codes before their expiration date;
• Promo codes cannot be converted to cash;
• The User accepts that promo codes may expire before use.

9. EARNING POINTS FROM BALANCE

• 9.1. Users can earn points when purchasing products from NOOSHCARD PROGRAM partners under conditions determined by the Company or Partner.
• 9.2. The amount or rate of earned points, as well as the time and products obtained with them, are determined by the Company or Partner offering the campaign.
• 9.3. When the total amount of current earned points is determined by the Company, it will be additionally displayed in the APPLICATION. The amount of points that can be earned from each Partner will be announced in the APPLICATION. The amount of points earned from balance is entirely within the Company's authority, and the User declares that they will not object to this.
• 9.4. Point earning coefficient, conditions, and duration are determined with Company approval. Point earning may differ among Users.
• 9.5. The Company assumes no responsibility for points that are not credited to the User's balance due to product purchases but for technical reasons or reasons related to Partners. Nevertheless, the Company will make maximum effort to credit points to the User's balance.
• 9.6. Earned points are automatically transferred to the User's account after a certain period following QR CODE scanning generated through the APPLICATION.
• 9.7. All earned points can be tracked through the APPLICATION.

10. OBTAINING COUPONS IN NOOSHCARD APPLICATION

• 10.1. The User can obtain coupons by participating in Partners' campaigns that provide opportunities to win coupons in the NOOSHCARD APPLICATION.
• 10.2. In exchange for coupons, points are deleted from the User's balance according to the agreed coefficient.
• 10.3. The User can win one or more coupons in accordance with campaign conditions determined by the Company or Partner.
• 10.4. The conditions of the campaign created to obtain coupons, specified in this Rules section, are definitely applied to coupons given within the framework of this campaign.
• 10.5. Coupons may be limited by time and/or quantity. The User must present the code on the coupon to the Partner for product purchase in exchange for the coupon.
• 10.6. Coupons and points deleted in exchange for products obtained from Partners with coupons are not refunded.
• 10.7. When the User wants to exchange defective products obtained with coupons, the Partner is obliged to replace them with products of the same type and quality.

11. USER RIGHTS AND OBLIGATIONS

11.1. User Rights:

• 11.1.1. Making transactions through the APPLICATION;
• 11.1.2. Submitting questions and complaints related to the APPLICATION in writing through the email address info@nooshcard.az;
• 11.1.3. When the User wants to exchange defective products they received, they can request replacement with products of the same type and quality by the Partner.

11.2. User Obligations:

• 11.2.1. Taking all possible measures to prevent loss, theft, or any form of mobile device leaving the User's possession and unauthorized use by third parties;
• 11.2.2. In case of loss, theft, or any form of mobile device leaving the User's possession and unauthorized use by third parties, immediately calling the Company's phone number (012) 525 88 81 and the employer to provide information;
• 11.2.3. Using the APPLICATION in accordance with these Rules and rules established by the Company and/or to be established in the future.

The User accepts the Company's right to make unilateral changes to these Rules.

12. CONFIRMATION AND DECLARATION

• 12.1. The User confirms and declares that the information entered by the employer during APPLICATION registration is complete and accurate, and that all information belongs to them.
• 12.2. Responsibility for risks that may arise due to incorrect entry of information by the employer and use of information not belonging to the User lies with the User.
• 12.3. The User must take necessary measures to keep their identification information confidential, ensure its security, and not provide it to third parties when using the APPLICATION.
• 12.4. The Company will take measures to ensure the security of information exchange. However, the Company is not responsible for damages arising from the use of this information by third parties for reasons beyond the Company's control.
• 12.5. The Company is not responsible for damages caused to the User as a result of theft, loss, or any form of mobile device leaving the User's possession and unauthorized use by third parties.
• 12.6. Responsibility for risks that may arise during transactions performed through the APPLICATION lies with the User. Therefore, the User should examine the conditions beforehand and perform the transaction after understanding the conditions.
• 12.7. The User is responsible for all damages and/or expenses arising from:
  • 12.7.1. Use of the APPLICATION contrary to these Rules;
  • 12.7.2. Violation of these Rules.

13. WARRANTY CONDITIONS

• 13.1. Management of the APPLICATION is provided by the Company.
• 13.2. No warranty or commitment is given regarding the quality or suitability of PROGRAM/APPLICATION use. The Company does not guarantee uninterrupted access to the APPLICATION or that there will be no delays or problems.
• 13.3. The Partner is responsible for the quality and delivery of products and services.
• 13.4. The Employer is responsible for balance allocation, limit amount, and updates.
• 13.5. The Company is not responsible for delays in balance transfers outside the Application, technical problems, and disruptions in services provided by food service points.
• 13.6. The User is obliged to take necessary measures for relevant protective measures, data backup, device and computer virus control, or other harmful elements.

14. INTELLECTUAL PROPERTY RIGHTS

• 14.1. NOOSHCARD is the Company's trademark. All rights related to this trademark belong to the Company. The User cannot use or reproduce the Company's trademark, logo, or brand name for personal, corporate, or any commercial purposes.
• 14.2. The User ensures the obligation not to copy and reproduce the NOOSHCARD APPLICATION in whole or in part.

15. CHANGES TO RULES AND CANCELLATION

• 15.1. The Company may completely or partially change these Rules regarding the use of the NOOSHCARD PROGRAM (including all or part of these terms or rules) at any time without prior notice. Changes to these rules are mandatory for NOOSHCARD users. Users' continued use of the APPLICATION means acceptance of the changes.
• 15.2. Changes are considered accepted on the day the User uses the APPLICATION from the date of publication in the APPLICATION's electronic panel. If the User does not accept these changes, they must notify the Company in writing in advance. If the User rejects the changes to these rules, they cannot access and use the APPLICATION.
• 15.3. In case one or more of the following conditions occur, the Company may immediately terminate these rules, cancel or restrict the User's right to use the APPLICATION:
  • 15.3.1. The User's serious or continuous violation of these rules;
  • 15.3.2. The Company has reasonable suspicion that the APPLICATION is being used by third parties.
• 15.4. When these rules are terminated, the Company may notify the User.
• 15.5. The right to use the APPLICATION may be restored upon reapplication when the circumstances causing the cancellation of rules, cancellation or restriction of the User's right to use the APPLICATION are eliminated.

16. VALIDITY PERIOD OF RULES AND CONDITIONS

• 16.1. These terms of use and conditions are valid indefinitely and remain in force until the termination conditions specified herein occur.
• 16.2. The User may withdraw from these rules and cancel them at any time by sending written notice to NOOSHCARD's email address info@nooshcard.az without giving any reason and without paying any penalty.
• 16.3. If the User does not accept these rules when installing the APPLICATION, they must make written notification. This notification is accepted as the User's refusal to use the APPLICATION, and they cannot use the APPLICATION from the date of notification.

17. FORCE MAJEURE CIRCUMSTANCES

In case of force majeure circumstances affecting the execution of the PROGRAM, the Company is not responsible for not fulfilling the obligations determined in these rules. Force majeure circumstances include events that cannot be controlled by NOOSHCARD, are not the result of intent or negligence, and cannot be foreseen in advance. These include wars, uprisings, floods, epidemics, quarantines, embargoes, state and government decisions, and similar situations.

18. DISPUTE RESOLUTION

• 18.1. Disputes that may arise with the User can be resolved by mutual agreement of the parties. Disputes not resolved by mutual agreement will be resolved by Azerbaijan courts in accordance with the current legislation of the Republic of Azerbaijan.
• 18.2. Relations not regulated by these rules are regulated in accordance with Azerbaijan legislation.
• 18.3. The Company, User, Customer, and Partners accept records (email, audio and media recordings, etc.) as definitive evidence in resolving disputes arising from these rules.

19. FINAL PROVISIONS

• 19.1. The User accepting the rules declares that they have read and understood all conditions, will fulfill their obligations completely and on time; agrees to take measures for encoding, using, sharing, modifying, and storing personal and non-personal information received from the Company and partners, service providers, or related to them, in accordance with laws and regulations.
• 19.2. These terms of use and privacy policy are regulated and applied in accordance with the legislation of the Republic of Azerbaijan and contracts concluded between partners and employers.