PUBLIC OFFER OF THE CONTRACT FOR THE SERVICES FOR ORGANIZATION OF PAYMENT OF TOURIST AND LIVING EXPENSES IN THE COUNTRIES OF TEMPORARY RESIDENCE (USER AGREEMENT)
1. GENERAL PROVISIONS
1.1. This document is a public offer to make proposals for the conclusion of a service contract by ster (hereinafter referred to as the "Contractor"), addressed to all concerned individuals under the terms and conditions defined herein.
1.2. Acceptance of this offer is equivalent to concluding a contract for paid services in writing, i.e., an offer containing all the essential conditions demonstrating the will of the person making the offer to conclude a contract on these terms and conditions with any individual who has accepted the offer.
1.3. This offer is available to all persons for review in the ster mobile app and is applied exclusively when accepting the offer using the specified mobile app.
1.4. The Contractor shall provide the Services to the User personally, the User does not have the right to transfer their rights to third parties.
1.5. If the User does not agree with any of the provisions of this Contract, the User does not have the right to use the Service.
2. TERMS AND DEFINITIONS
Unless otherwise explicitly stated in the text, the following terms will have the following meanings herein: Contract — this contract for provision of the paid services, concluded as a result of full and unconditional acceptance (acceptance of the terms) of this public offer, by performing the actions specified in clause 3.3 hereof; Identification — identification of the User's identity by means of logging in in the Personal Account (login of a person under the User account) in the Mobile App, as well as on the basis of the user's personal data; Personal Account — a personal section of the Mobile App to which the User gets access after registration and/ or logging in in the Mobile App; Mobile App — the "ster" mobile app, which is a set of software available in the Google Play Market app stores, running on Andriod-based mobile devices, installed on a mobile phone and/or other device that supports the installation of the mobile app; User — any legally capable individual who has reached the age of 14 years, who has fully and unconditionally accepted the terms of this offer, who has registered in the Mobile App; Support Service — the appropriate department from among the Contractor's employees, monitoring and processing incoming requests daily and around the clock, and maintaining feedback from the User by e-mail: support@ster.me or by means of the Intercom service; Website — the Contractor's Internet resource, i.e. information presented textually, graphically, audiovisually or in other form, placed on a hardware and software complex, having an unique network address https://ster.me and operating on the Internet; Notification — an electronic message sent by the Contractor to the User's Personal Account, as well as to a mobile device in the form of a PUSH notification. The notification is considered to be received by the User on the date of its delivery to the Personal Account or to a mobile device. The Contractor is not responsible for any negative consequences due to the User's late reading the Notifications; Credentials — a unique login (phone number) and password created independently by the User during Registration in the Mobile App, or later changed by the User through the Personal Account, used to access the Personal Account after the User has logged in to the Mobile App;
3. SUBJECT MATTER OF THE CONTRACT
3.1. In accordance with the terms and conditions hereof, the Contractor undertakes to provide the User with services on organization of the User's tourist and living expenses in the country of temporary residence, and the User undertakes to pay for these Services.
3.2. The Service is accessed by downloading the Mobile App from the Google Play Market.
3.3. The User is considered to have accepted the terms and conditions hereof (user agreement) in full, without any reservations and exceptions by means of:
3.3.1. downloading the Mobile App to your mobile device through the Google Play Market app stores;
3.3.2. clicking on the "continue" button on the corresponding screen of the mobile app;
3.3.3. consent to the collection and processing of the personal data, including consent to their cross-border transfer;
3.3.4. registration in the Mobile App by entering a mobile phone number with the introduction of an assigned security code received via SMS or Push notification to the User's subscriber number;
3.3.5. entering your personal data: last name, first name, registration address;
3.3.6. uploading scans of the main passport pages.
3.4. When providing services hereunder, the Contractor assumes that all documents and information provided by the User are authentic and reliable, and all signatures in documents provided by the User are handwritten.
4. THE PROCEDURE FOR REGISTERING A USER IN THE SERVICE
4.1. The Parties hereby agree that the User's making a series of sequential actions listed in clause 3.3 hereof is recognized by the Parties as a registration procedure (hereinafter referred to as the "Registration Procedure"), as a result of which the Contractor receives the User's entered data for User registration in the Service.
4.2. Based on the results of reviewing the data submitted by the User, the registration of the User's account can be approved, rejected or returned to the User for corrections and additions to the provided data. The Registration Procedure does not exceed 4 (four) business days from the moment the User's data is provided.
4.3. The Registration Procedure includes the procedure for the User to undergo the KYC (Know Your Client) procedure at the Contractor's partner bank, depending on the country of temporary residence.
4.4. When registering the User in the Service, the User is provided with the full functionality of the service, which provides for the possibility of paying for goods, works and services in accordance with the subject matter of the contract in the territory of the country of temporary residence.
4.5. In fulfillment of the subject matter of the contract, payment for the service by the User is the provision of funds to the Contractor to ensure the fulfillment of the contract. The amount provided to the Contractor, exclusive of the cost of the service, is the monetary limit within which the Contractor implements the contract, namely, pays for the goods, works and services specified by the User. At the same time, payment for the cost of electronic acquiring services used to pay for the Service and provide funds to fulfill the contract is carried out at the User's expense and such an amount of the cost of electronic acquiring is not included in the cost of the service and the amount of the obligation hereunder. To make a payment using the mobile app of the service, you must follow the recommendations of the mobile app.
4.6. When paying for the services of the Service through any payment system or bank, the User agrees that the completion certificate, an electronic invoice is not issued by the Contractor, and a commission fee may be deducted from the User in favor of the payment system used by the User and (or) the bank with which funds are transferred for the fulfillment of the contract, as well as the amount of the cost of the service. The Contractor is not responsible for the commission fee set by payment systems and banks which are organizations transferring the funds.
4.7. The service is not an organization and/or a system providing payment services, and therefore the service does not transfer funds to third-party cards and other transactions carried out by payment services.
5. THE PARTIES' RIGHTS AND OBLIGATIONS
5.1. The Contractor undertakes to:
5.1.1. Ensure round-the-clock uninterrupted operation of the Service, given the provisions of clause 5.1.15;
5.1.2. Ensure the work of the technical and information support service for Users;
5.1.3. In case of detection of failures, malfunctions, errors in the operation of software and/or hardware, immediately take the necessary measures to eliminate the problem;
5.1.4. In case of detection of unauthorized access to the Service, suspend transactions until the threat of third-party interference with the Service is eliminated;
5.1.5. In case of suspension of the Service within the framework of planned preventive maintenance, notify Users in advance of the time and duration of the maintenance carried out;
5.1.6. Register the User in accordance with the procedure established hereby and provide the User with access to the Service to the appropriate extent, provided that the User complies with the established Registration Procedure and the requirements hereof;
5.1.7. Store information about the amount of the User's limit, any account changes and other information during the term of the Contract and for five years after its termination;
5.1.8. Provide the User with permanent access to the history of transactions in the Personal Account for a three-month period;
5.1.9. Provide, upon special request of the User, a report on all transactions performed for a period of up to 3 (three) years from the date of sending the relevant request;
5.1.10. Ensure the confidentiality and safety of the information provided by the User, not to allow its disclosure, except for the cases listed in this Contract, as well as cases of sending an official request to the Contractor from judicial authorities or other authorized state bodies;
5.1.11. Organize and ensure proper provision of the Services hereunder;
5.1.12. Provide oral and written consultations on the User's issues through the Intercom service and (or) by e-mail to: support@ster.me;
5.1.13. Within no more than 4 (four) business days from the moment the User submits the data for registration, review it and provide the results of the review to the User by sending PUSH notifications and/or message;
5.1.14. Within no more than 15 (fifteen) business days from the date of receipt of the request from the User for a refund of the remaining funds or part of the remaining funds, make a refund by transferring funds to the details of the card from which the service was paid. The application is sent in the User's Personal Account in the "Withdrawal of funds" section. This refund method can be used by the User no later than the 450th day from the date of increasing the balance of the personal account. In case of missing the specified deadline, as well as in the case specified in clause 5.3.4, the refund is made to the details of the User's bank account specified in the corresponding application sent to the Support Service. The transfer to bank details is carried out at the User's expense.
5.1.15. In order to carry out planned maintenance, the Contractor has the right not to provide the services provided for by the subject matter hereof from 00:01 a.m. to 03:00 a.m. on the 1st day of each month. At the same time, the parties agreed that carrying out such maintenance during the specified time period does not constitute non-fulfillment of obligations on the part of the Contractor and does not entail its responsibility to the User for suspending the operation of the application and, accordingly, does not give rise to material or other responsibility.
5.2. The Contractor's obligations are considered fulfilled from the moment of:
5.2.1. Providing the Services to the User;
5.2.2. The Contractor's refund of the remaining funds. The Parties hereby agree that the moment of refund is the moment when funds are debited from the Contractor's account.
5.3. The Contractor has the right to:
5.3.1. Independently determine the forms and methods of providing the Services based on the requirements of the legislation of the country of registration of the contractor and international jurisdictions, as well as technical capabilities, taking into account the User's wishes;
5.3.2. Demand payment for the Services provided in accordance with Section 6 hereof;
5.3.3. Refuse to provide the Services to the User or suspend provision thereof in case of providing false or falsified information in any case at its own discretion, with a refund of funds previously deposited by the User exclusive of all expenses incurred;
5.3.4. Receive from the User any information necessary for provision of the Services. In case of failure to provide or incomplete or incorrect provision of information by the User, the Contractor has the right to suspend the fulfillment of its obligations hereunder until the necessary information is provided;
5.3.5. Use the services of any individuals and legal entities, in order to provide timely and high-quality Services to the User or, by agreement with the User, transfer their rights and obligations to fulfill obligations to the User to third parties;
5.3.6. Modify the software and prohibit access to the Service using outdated software;
5.3.7. In case of detection of malfunctions, errors and failures in the operation of software and/or hardware involved in ensuring the operation of the Service, as well as for preventive purposes and in order to prevent unauthorized access to the Service, suspend the operation of software and hardware;
5.3.8. If necessary and if required by the legislation of the country of registration of the service and (or) other international jurisdictions, request the necessary User data, including data from the User's identity document in order to comply with the requirements of legislation on countering the legalization (laundering) of proceeds from crime and the financing of terrorism, in cases expressly provided for herein, as well as:
5.3.8.1. in cases where the Contractor has doubts about the lawfulness of the User's actions and the proper use of the Service;
5.3.8.2. in other cases, when the User's actions affect the Contractor's interests, other Service participants or third parties.
5.3.9. Receive and record the User's personal data. The User hereby consents to the collection and processing of their personal data by the Contractor, including their cross-border transfer.
5.3.10. Collect, store, process in any way and, if necessary, transfer to third parties data on the configuration and other characteristics of software and hardware used by the User to access the Service, as well as other data automatically transmitted by the Contractor during its use;
5.3.11. Deduct the commission fee for certain types of transactions performed by the User in accordance with the tariffs available on the Website and/or Mobile App.
5.3.12. Block the User's Personal Account until they provide appropriate explanations at the request of the Contractor in the following cases:
5.3.12.1. complaints from other Users of the Service or third parties about the User's actions violating their rights and legal interests;
5.3.12.2. improper use of the Service by the User;
5.3.12.3. defining by the Contractor of an attempt to make (or making) any changes to the software of the Service on the part of the User;
5.3.12.4. violations of other terms and conditions hereof by the User;
5.3.12.4.1. Using proxy servers and anonymizers to gain access to the Service;
5.3.12.4.2. Other transactions in the opinion of the Contractor that raise suspicion of the sanctioning of their conduct;
5.3.12.4.3. other transactions meeting the criteria for determining suspicious transactions, as well as transactions recognized as suspicious by officials of the financial monitoring entity, in accordance with their experience and knowledge.
5.4. The Contractor has the right to refuse to perform transactions in the following cases:
5.4.1. if there are grounds to believe that transactions are being carried out for the purpose of legalizing (laundering) proceeds from crime and/or one party(s) to the transactions is an organization or a person included in the list of organizations and persons associated with the financing of terrorism and extremism;
5.4.2. incorrect filling in of contact data by the User in the Service;
5.4.3. attempts to make a payment for an amount exceeding the balance of funds in the Personal Account;
5.4.4. negative result of the User completing the Registration Procedure;
5.4.5. in other cases, when the transaction may cause losses to the Contractor and (or) third parties.
5.5. The User undertakes to:
5.5.1. Comply with the terms and conditions hereof, and upon receipt of additional services — the terms and conditions of the relevant agreements available in the Mobile App and/or Website;
5.5.2. Provide the Contractor with reliable data when registering in the Service and going through the Registration Procedure and be responsible for their completeness and reliability;
5.5.3. Not to transfer their authentication data and transaction data transferred to them by the Contractor for the purpose of conducting the transaction, including not to provide the opportunity to use the Personal Account belonging to the User to third parties;
5.5.4. Any action performed from the User's Personal Account using their Credentials is considered an action performed by the User themselves and entails the emergence of rights and obligations, as well as responsibility directly from the User in relation to such actions, including liability for violation hereof or legal requirements regarding goods and services, information about which is posted on the Service.
5.5.5. Properly take care of the operability and information security of the mobile device accessing the Service;
5.5.6. Not to make changes to the software of the Service in whole or in part, independently or by involving third parties;
5.5.7. Make timely changes to their authentication data in case of termination of the contract with the mobile operator for the use of the number entered during registration in the Service;
5.5.8. Immediately notify the Contractor on detection of the transaction performed without the User's consent, unauthorized access to the User's personal data, loss of authentication data;
5.6. The User is prohibited from carrying out the following activities through the Service:
5.6.1. Involve in the circulation of funds and (or) other property obtained by criminal means through transactions, as well as the use of said money and (or) other property;
5.6.2. Finance terrorism (terrorist activity) - provide or collect money and (or) other property or provide financial services to terrorists and (or) terrorist organizations to carry out terrorist activities;
5.6.3. Make a transaction, one of the parties to which are individuals and (or) legal entities included in the list of organizations and persons associated with the financing of terrorism and extremism;
5.6.4. Carry out business activities using the Mobile app and the Service;
5.6.5. Violate the rights of third parties and/or harm them in any form;
5.6.6. Use the "phone number substitution" technology when interacting with the Contractor;
5.6.7. Upload, forward, transmit or in any other way post and/or distribute any materials containing malware or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any computer or telecommunications equipment or programs for unauthorized access, as well as serial numbers to commercial software products and programs for generating them, usernames, passwords and other means for obtaining unauthorized access to the Mobile App and personal accounts of other Users of the Service, as well as posting links to the above information;
5.6.8. Unauthorized collection and storage of personal data of other persons;
5.6.9. Disrupt the operation of the Mobile App;
5.6.10. Otherwise violate the norms of the current legislation of the country of registration of the service, including the norms of international law.
5.7. The User undertakes to:
5.7.1. Promptly provide the Contractor with all the information and data necessary for the latter to fulfill the terms hereof;
5.7.2. Provide all necessary documents and information for the provision of Services by the Contractor in the required format and quality;
5.7.3. Not to disclose confidential information and other data provided by the Contractor in connection with fulfillment hereof;
5.7.4. Independently take measures to protect their authentication data and other data provided to them by the Service, with the help of which unauthorized access or use of the Service can be carried out.
5.7.5. The User is obliged to immediately change the Credentials if they or the Contractor has reason to suspect that these data have been disclosed or may be used by unauthorized third parties.
5.8. The User has the right to:
5.8.1. Receive information from the Contractor on the organization and provision of an appropriate level of the Services;
5.8.2. Assist the Contractor in order to improve the quality and satisfaction of the Service provided, as well as to increase the level of the Services provided by the Contractor;
5.8.3. Require proper and timely provision of the Services by the Contractor.
6. COST OF SERVICES AND PAYMENT PROCEDURE
6.1. Provision of the Services by the Contractor is reimbursable. The cost of the service is % from the amount of replenishment of the personal account limit and is carried out by deducting the appropriate amount from the amount of funds provided to the Contractor for the fulfillment of the subject matter hereof, taking into account clause 4.5 hereof. The cost of the service is deducted in the process of replenishing the user's balance, which is reflected in the user's personal account, taking into account deduction of the cost of the service and acquiring services.
6.2. Payment for the Services hereunder is made on the basis of 100% prepayment and in accordance with the procedure established hereby.
6.3. The user is solely responsible for the correctness of the payments made by them.
6.4. If the User decides to withdraw the limit (or) the remaining limit, the Commission fee charged in accordance with clause 6.1 of this section is non-refundable.
6.5. This Contract has the force of a completion certificate. Acceptance is carried out without signing the relevant certificate. The Services are considered to have been provided properly and in full if the User has not filed a claim within 3 calendar days from the date of provision of the Service.
7. BLOCKING AND DELETING THE USER'S PERSONAL ACCOUNT
7.1. If you enter the code to log in to the Mobile App incorrectly six times, access thereto is blocked, and the previously installed code is reset. The Service is logged in by sending a one-time login password to the mobile phone number indicated when the User registered in the Mobile App, which must be entered on the registration page. If it is successfully entered, the User must install a new login code for the Mobile App.
7.2. In order to increase security, the User can log out of the Mobile App account on their own. In this case, the previously installed Mobile App login code will be deleted. To log in to the personal account, the User must specify the mobile phone number on the login page, which was indicated when the User registered in the Mobile App. If it is successfully entered, the User must install a new login code for the Mobile App.
7.3. The User's account can be deleted after sending a request for revocation of personal data to the Support Service. In this case, the User's personal account will be deleted within 10 days from the date of receipt of such a statement. When deleting the personal account, the User's following personal data, including passport scans, mobile phone number, will also be deleted without the possibility of recovery, as well as the history of depositing and debiting funds, the history of calls to the Support Service.
7.4. After the Contractor completes the request to delete the User's personal account, the Contractor's responsibility for further use of the Personal Account ceases.
7.5. If, on the date of receipt of the application for revocation of personal data, the size of the limit of the User's personal account had a positive balance, then the refund is made to the details of the card from which the limit of the User's personal account was replenished. If a refund on the specified date is not possible due to the termination of the card and the User has not provided the bank account number, the User has the right to apply for a refund within 3 years from the date of account deletion. At the same time, the amount of the Contractor's commission fee is non-refundable.
8. THE PARTIES' RESPONSIBILITY
8.1. The Parties are responsible for failure to fulfill or improper fulfillment of their obligations hereunder.
8.2. The User acknowledges that the Contractor is not responsible to the User in the event that the User transfers their Credentials to third parties, intentionally provides access to their account and Personal Account in the Service, or otherwise violates the confidentiality of data by the User.
8.3. The Contractor is not responsible for the temporary malfunction of the Service, failures and errors in the operation of hardware or software that occurred through no fault of the Contractor, and in this case is not responsible for possible losses to the User.
8.4. The Contractor is not responsible for the User's lack of access to the Internet, or the software or hardware that ensure the operation of the Service, and is not responsible for the User's losses related thereto.
8.5. The Contractor is not responsible for the User's losses resulting from the provision of false information by the User of the Service.
8.6. In case of loss of authentication data, blocking of the Personal Account, loss by the User of the password blocking the Personal Account, or other events, the consequences of which cannot be eliminated without identifying the User's identity, the Contractor is not responsible to the User for possible losses and the inability to use the Personal Account in the future. Confirmation of the membership of the Personal Account to the User is possible by providing documents in accordance with the procedure provided for herein.
8.7. The Parties are released from liability for failure to fulfill mutual obligations if their failure to fulfill was the result of force majeure circumstances that arose after the entry into force of the Contract, or the occurrence of extraordinary events that could not have been prevented or foreseen before the conclusion of the Contract. Such extraordinary events or circumstances include, in particular: strikes, floods, fires, earthquakes and other natural disasters, wars, military actions, the imposition of states of emergency, epidemics, actions by government agencies, as well as any other circumstances beyond reasonable control. The Party in respect of which force majeure circumstances apply is obliged to inform the other Party no later than 10 days after the occurrence of these circumstances.
8.8. The Contractor is not responsible for the lost profits incurred by the User, including those due to the fact that the User has not read and (or) untimely familiarized themselves with the terms and conditions hereof and / or the amendments and supplements made hereto.
8.9. The user is responsible for the accuracy of the mobile phone number indicated by them during registration. In case of unreliability of the indicated mobile phone number, as well as in other cases due to reasons beyond the Contractor's control (the message was not sent by the mobile operator, the User's mobile phone number is blocked, etc.), the Contractor is not responsible for the User's failure to receive legally important messages.
9. COLLECTION AND PROCESSING OF THE PERSONAL DATA
9.1. By registering in the Mobile App, the User gives consent to the Contractor and its authorized representatives to process their personal data, including: last name, first name, patronymic, date and place of birth, postal and actual address, phone, passport data, for any action (transaction) or a set of actions (transactions) performed with their personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of the personal data using automation tools, including in information and telecommunications networks, or without the use of such tools, if the processing of the personal data without the use of such means corresponds to the nature of actions (transactions) performed with the personal data using automation tools, that is, it allows you to search for the personal data recorded on a tangible medium and contained in card files or other systematic collections of the personal data, and/or access to such personal data in accordance with a given algorithm as well as the transfer (including cross-border) of this personal data to third parties in order to receive the Services.
9.2. Consent is given for the entire term hereof and until the expiration of 5 years after the end of the year in which the Contractor sent a Notice of termination hereof, and may be revoked at any time by the User by sending a written notification to the Contractor.
9.3. Access to the Mobile App from the User's mobile device is allowed to be used only by the User. Transfer of access to third parties is not allowed. The User is responsible for such transfer.
9.4. In case if loss of the password and / or mobile device or their illegal use is detected, as well as if the User suspects the possibility of such situations, the User is obliged to immediately notify the Contractor by sending an appropriate statement to the Contractor's e-mail about blocking the Personal Account or calling the Support Service.
10. THE PROCEDURE FOR MAKING CHANGES TO THE OFFER
10.1. Amendments and supplements hereto are made by the Contractor unilaterally. In order for amendments and supplements hereto made by the Contractor on its own initiative, to take effect, the Contractor shall inform the User of such amendments and supplements by posting a new version of the Agreement and terms and conditions in the Mobile App and on the Website.
10.2. The User is obliged to independently monitor the changes made hereto. All amendments and supplements made by the Contractor hereto come into force at the time of posting the new version hereof and terms in the Mobile App and on the Website.
10.3. The new version of the offer comes into force from the moment it is posted in the ster mobile app, unless otherwise provided by the new version of the offer.
11. FINAL PROVISIONS
11.1. By registering in the Mobile App, the User:
11.1.1. confirms that they have read all the clauses of the Contract, the Service tariffs, is fully aware of all the conditions and accepts them completely without waivers and exceptions;
11.1.2. consents to process the personal data by the Contractor, including, but not limited to, the right to perform, among other things, the following actions: collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer), depersonalization, blocking, destruction of the personal data for the purpose of making payments using the Service, marketing communications by the Contractor and (or) third parties and, if necessary, other third parties, and also in other cases necessary to maintain the operation and development of the Service;
11.1.3. confirms that they are not a legal entity or an individual entrepreneur, and agrees that only individuals who do not use the Service for business activities can be Users of the Service;
11.2. This Contract is valid for an indefinite period or until its termination by one of the Parties.
11.3. If the Parties fail to reach an agreement, disputes, disagreements or claims arising from or in connection with this Contract shall be considered by the judicial authorities at the place of the country of registration of the Contractor.