User agreement for NOSH service payers

Publication Date: 10/14/2024

I. Terms and definitions

1.1 The Service means the NOSH service available by using the website at https://nosh.guide/ or the NOSH mobile application on Android and iOS platforms, the main function of which is to provide a gratuitous technical possibility to transfer cashless funds from the Payer to the Institution and/or the Tip Recipient.

1.2 Terms:

User - any visitor of the Service. The Service divides three categories of Users, different in the scope of granted rights and assigned responsibilities - "Guests", "Employees" and "Administrators".

Establishment - an organization (legal entity and/or individual entrepreneur) where the Administrator and Employee operate.

Guest - an unregistered or registered User of the Service, who has the right to make voluntary and gratuitous money transfers using the functionality of the Service, as well as to leave feedback on the work of the Employees and/or the Facility and other functionality of the application.

Administrator means a registered User of the Service who has the ability to provide access to the Service to Tip Recipients and who monitors the remittances received and feedback on the Tip Recipient's performance within the Facility of which he or she is the administrator.

Employee - a registered User of the Service who is an employee of the Eatery and has the ability to receive money transfers from Guests and the Administrator. It is understood that employees may have both labor and civil law relations with the Eatery.

1.3 Personal Data - any information about the User obtained in the process of using the Service.

1.4. Online Payment System - partner(s) of the Service, providing the possibility of cashless transfer of funds from the Guest to the Institution and/or to the Employee.

1.5 Confidential information - information transferred by the User to the Operator (as defined below) in accordance with this Agreement, which includes, but is not limited to the following: commercial, contractual and other information, as well as all documents and/or other information prepared in writing or otherwise by the User, which reflect and/or include such information. Information subject to protection and non-disclosure in accordance with this Agreement does not include information posted by the User in the public domain on the Service resources and on other sites and services, as well as other information that may not be confidential information in accordance with the current legislation of the Russian Federation.

II. General provisions

2.1. Nakit Yok Rus LLC (INN 2311359029, hereinafter referred to as the "Operator") has developed and approved this "User Agreement". The User Agreement is an addendum to the "Personal Data Processing Policy of the "NOSH" service located at: https://nosh.guide/ (hereinafter - the "Policy"). Anything not expressly regulated by this User Agreement shall be regulated in accordance with the Privacy Policy.

2.2 The Guest must read this User Agreement before using the Service and accept its terms in full. The Guest's failure to agree with the terms of the User Agreement entails the inability to use the Service.

2.3 This User Agreement is a public offer within the meaning of Article 437 of the Civil Code of the Russian Federation. The Operator provides an opportunity to use the Service from the moment of acceptance of the User Agreement and Privacy Policy.

2.4 Acceptance (acceptance) of this User Agreement and Privacy Policy is carried out at the moment of going to the page of payment of a tip, bill or leaving a review about the work of Employees and/or the Facility. Before making actions on payment and leaving a review, the Guest ticks the checkboxes, agreeing with the User Agreement and Privacy Policy.

2.5 The Guest may assume the transaction costs of the Service and the establishment and/or the Employee by checking the corresponding box. The Guest is informed that the checkbox is checked by software by default and the Guest has the right to remove it from the checkbox.

2.6 The Payer is also obliged to read the User Agreement of the Online Payment System of Best2pay LLC located at: https://www.best2pay.net and accept its terms and conditions in full. Acceptance of the User Agreement of the Online Payment System takes place on the website of the Online Payment System at the moment of transferring funds from the Payer to the Tip Recipient and/or the Institution. Refusal to accept the User Agreement of the Online Payment System shall result in the impossibility to use the Service to transfer funds.

III. Using the NOSH service

3.1 The Service provides information and technological interaction between the Guest, the Facility and the Employee, providing a gratuitous technical opportunity to transfer money in cashless form from the Guest to the Employee and/or the Facility, as well as a gratuitous technical opportunity for the Guest to leave feedback on the work of the Employee and/or the Facility.

The Service does not provide money transfer services and does not charge commissions for money transfers. Money transfers are performed by the Online Settlement System.

The acquiring money transfer fee retained by the Online Payment System ranges from 0% to 7.5% and is displayed in the Platform's user interface when you pay a tip and/or bill.

3.2 The transfer of money (tips) from a Guest to an Employee is a gift of money from one natural person to another natural person and is therefore exempt from taxation (Paragraph 1, Clause 18.1, Article 217 of the Tax Code of the Russian Federation).

In the event that the Guest uses the Service to transfer funds for purposes other than tip transfer and/or bill payment, the obligations and liability for the calculation and payment of any statutory taxes and fees arising from the misuse of the Service shall rest with the Guest.

Operator is not responsible for the purpose and intent of the transfer of funds from Guest to Employee or the Facility.

3.3 The Guest understands and agrees that all actions performed by the Guest using the Service, including the non-cash transfer of funds (tips) to the Employee, shall be deemed to have been performed by the Guest voluntarily, in his/her own interest and for personal purposes.

The Operator is neither the party receiving the funds (tips), nor the bank performing the transfer, but only provides a technical possibility to transfer funds from the Guest to the Employee, therefore the Operator does not return to the Guest the funds (tips) transferred from the Guest to the Employee, including if such funds (tips) were transferred by the Payer by mistake / accidentally / against his will. In order to challenge the payment transaction, the Guest shall apply to the issuing bank of the bank card from which the funds (tips) were transferred.

IV. Rights and obligations of the Guest and the Operator

4.1 The Guest shall have the right to:

4.1.1. use the functionality of the Service in accordance with the User category assigned to it;

4.1.2. to pay the bill and/or leave a tip at the establishment depending on the implemented functionality by scanning the QR code of the Service or using the mobile application;

4.1.3. to split the account by scanning the Service's QR code or using the mobile application:

4.1.3.1.payment of certain items from the amount of the check;

4.1.3.2.payment of a part of certain items from the amount of the check;

4.1.3.3.3.input of the amount payable by such Guest as part of the check total.

4.1.4. transfer Confidential Information to the Operator for the performance of actions necessary for the use of the Service;

4.1.5. (if applicable) take advantage of the Operator's loyalty programs by receiving a discount when paying the invoice;

4.1.6. to refuse to receive information messages by sending a notice to the Operator to the e-mail address support@nosh.guide;

4.1.7. to contact the Service support with questions, claims and suggestions related to the operation of the Service by sending a letter to the e-mail address: support@nosh.guide. The term for sending claims is 3 (three) business days from the date of occurrence of the event in connection with which the claim is sent.

4.2 The Guest undertakes to:

4.2.1. provide true, current, accurate and complete information when using the Service. In this case, the Guest agrees that the Operator is not obliged to verify the accuracy of the information provided by the Guest;

4.2.2. not to perform actions on behalf of another real or existing person, not to indicate personal information of third parties, not to use information of third parties in any other way that does not meet the requirements of the legislation of the Russian Federation. Responsibility for these actions, including those that caused losses to the Service, shall be borne by the Guest;

4.2.3. in case the Guest uses the bill payment functionality of the establishment - to pay the bill in its part;

4.2.4. not to commit fraudulent actions when using the Service.

Fraudulent acts are defined as actions on the part of the Guest directed at:

to send, publish, transmit, reproduce, upload, post, distribute in any way, as well as in any way use materials obtained through the Service, in whole or in part, protected by copyright and related or other rights without the permission of the copyright holder, as well as content that is illegal, harmful, threatening, defamatory, libelous, offends morality, propagandizes and/or promotes hatred and/or discrimination of people on racial, ethnic, sexual, religious, social grounds, contains insults to specific persons or organizations, which affects any patent, trademark, trade secret, copyright or other proprietary rights and/or copyright and related rights of a third party;

placement of links to Internet resources, the content of which contradicts the current legislation of the Russian Federation;

publishing, posting or distributing any information or software that contains codes that have the effect of computer viruses, hacker programs, Trojan horses, spyware, spyware, spyware or other components equivalent to them;

publishing, posting or distributing content that could potentially lead to the commission of illegal actions by misleading third parties or abusing their trust;

if the use of the Service may cause damage to the owners of the Service or other third party contractors to the owners of the Service and/or cause failure of technical and software facilities of the Service and third parties;

The presence of actions aimed at sending, publishing, transmitting, distributing by any means any information or software that contains viruses or other harmful components, computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs, to carry out unauthorized access, as well as serial numbers to commercial software products and programs for their generation, lo

transmission of meaningless or useless information to computers or equipment of third parties that creates an excessive (parasitic) load on these computers or equipment or software, as well as intermediate parts of the network, in amounts exceeding the minimum necessary to verify the connectivity of networks and the availability of its individual elements; scanning of network nodes to identify the internal structure of networks, security vulnerabilities, lists of open ports, etc., without the explicit consent of the owner of the network; and the transmission of information in amounts exceeding the minimum necessary to verify the connectivity of networks and the availability of its individual elements.

the presence of acts aimed at impersonating other persons or a representative of a person without sufficient rights to do so;

falsifying one's IP address and means of identification used in other network protocols, as well as addresses used in other network protocols, when transmitting data to the Internet;

the presence of actions aimed at sending, transmitting, distributing by any means without the consent of the addressee, publishing and/or reproducing on the resources of third parties without their consent information containing advertising (in particular, letters containing a link to a certain network resource and implying that the recipient should visit it are considered advertising) and other materials for advertising purposes (spam, including search engine spam). At the same time, the concept of "spam" is defined by the well-known "rules of network use" posted on the Internet and being a custom of business turnover;

presence of actions aimed at sending, transferring, distributing by any means lists of other people's e-mail addresses, "pyramid" schemes, multilevel (network) marketing (MLM), Internet earning systems and e-mail businesses, "chain letters", as well as for participation in these activities (sending uncoordinated letters with links to the Service, including mail addresses, sites, bookmarks, etc.) may be considered participation in activities prohibited by this paragraph);

performing other actions that may be considered fraudulent.

4.3 The Operator shall have the right to:

4.3.1. change the terms and conditions of the User Agreement in accordance with clause 5.4 of this User Agreement;

4.3.2. to refuse to use the Service at any time. Refusal to use the Service entails the impossibility to use the Service to make a money transfer. The Operator is not obliged to disclose to the User the reasons for refusing to use the Service;

4.3.3. make a refund if a double debit is made by mistake;

4.3.4. offer loyalty programs to the Guest (for example, receiving a discount when paying the bill);

4.3.5. engage third parties to achieve the goals of using the Service, subject to confidentiality and other terms and conditions stipulated in this User Agreement.

4.4 The Operator undertakes to:

4.4.1. provide the Guest with the opportunity to use the Service in accordance with this User Agreement;

4.4.2. to maintain the Service operability except for cases when it is impossible due to reasons beyond the Operator's control;

4.4.3. ensure the safety and non-disclosure of the Confidential Information provided by the User in accordance with this Agreement. The Operator undertakes not to disclose, provide, distribute, discuss or reproduce the Confidential Information to any persons without the express consent of the Guest, except in cases provided for by the legislation of the Russian Federation or the Agreement.

V. Final provisions

5.1 This User Agreement shall come into force from the moment of its acceptance in accordance with the procedure set forth in clause 2.4 of the User Agreement.

5.2 Acceptance of this User Agreement expresses the Guest's full consent to the terms and conditions of the User Agreement.

5.3 The Operator is not responsible for services provided by third parties, including Service partners.

5.4 The User Agreement may be amended by the Operator by posting a new version of the User Agreement on the Service website. The Guest undertakes to independently check this User Agreement periodically for changes (the document indicates the date of its publication). Changes to the User Agreement, made by the Operator, come into force on the date of publication of the new version of the User Agreement. The Guest has the right to refuse to accept amendments and additions to this User Agreement, which means the Guest's refusal to use the Service. This User Agreement is published on the Operator's official website at: https://nosh.guide/.

5.5 In case of any disputes or disagreements, the parties shall establish a mandatory pre-trial procedure for filing a claim. The claim shall be considered within 30 calendar days from the date of receipt by the Operator. If any disputes or disagreements are not resolved by the parties, they shall be subject to consideration in the arbitration court at the location of the Operator. in accordance with the competence of the court and in accordance with the procedure established by the legislation of the Russian Federation.