Terms and conditions of use
Definition of Terms
1.1 Unless indicated otherwise in the text, the present statute and defined terms shall have the following meanings:
1.1.1 Company – “Apollo” LLC identification number: 405497582; Registered: St. Tbilisi, Irakli Abashidze Street N 32.
1.1.2 Price – Escard, through which the customer receives the service.
1.1.3 Website – The services received by the user through the website – Escard.ge
1.1.4 User – any registered or unregistered user.
1.1.5 Registered user – any physical person who uses the application/website and has completed the registration.
1.1.6 Unregistered user – any physical person who uses the application/website and has not been registered.
1.1.7 Profile – the registered user’s personal page on the website/application, that contains additional information about the user.
1.1.8 Service – any kind of service/benefit/product purchase that the registered user gets from the company
1.1.9 Party – Either the company selling the product, the registered user and/or the unregistered user.
1.1.10 Parties – The company selling the product and the registered user and/or the unregistered user.
1.1.11 Third party – other physical or legal person, except for the above mentioned parties.
Terms and Conditions – These Terms and Conditions, as well as any appendices and constituent parts thereof (including, but not limited to the Personal Data Protection Policy/Cookies), that regulates the usage policy for the Website/Application.
For the avoidance of any doubt, the term “you” mentioned in the Terms and Conditions refers to the registered and non-registered users, as well as any person using Escard Platform.
2.1 This website and application is owned and operated under the laws of Georgia by Apollo LLC, registered in Georgia, with the identification number: 405497582. These terms and conditions represent a legally binding agreement between the company and you.
2.2 These terms and conditions regulate your use of the website/application and the receiving of services from the Company through it, regardless of whether you have completed the registration.
2.3 By registering/entering/using the website/application in any way and/or receiving services from the company, you agree to these written terms and conditions. Consent to the terms and conditions automatically implies written consent to the personal data processing policy or other appendices and constituent parts of the terms and conditions.
2.4 The Terms and Conditions, as well as any annexes/components, are valid as long as the user profile exists, the user otherwise uses the application/website, receives services from the company and/or has any other legal relationship with the company.
2.5 The Company reserves the right to unilaterally make changes to the Terms and Conditions at any time by publishing it on the Application/Website. The mentioned changes will come into force immediately after the changes are made. The user’s continued use of the application/website and/or acceptance of the service automatically means the acceptance of the modified terms. In case of substantial changes, the company will additionally notify registered users through the application/website and/or e-mail/telephone/message.
3. Representations and Warranties
3.1 The user declares and guarantees that:
3.1.1. They have read and fully agree to the terms and conditions.
3.1.2 Have fully understood the scope of the company’s services and responsibilities.
3.1.3 At the time of using the application/website, they are capable of and able to understand the meaning of using the application/website and are not under any mental/physical influence that would prevent them from understanding the meaning of their actions, and have reached the relevant age limit established by law and have full authority to use the application/Website and receive its services. For the avoidance of any doubt, during the use of the application/website, the registered user declares and guarantees that they have reached the legal age of majority, otherwise the company reserves the right to block the registered user’s profile.
3.1.4 The information provided by them is real, accurate and legal.
3.1.5 Will not use the website/application for illegal purposes and will follow the legislation of Georgia during the process of using the website/application, including, but not limited to the age restrictions established by the law.
3.1.6 None of their actions violate the rights of the company, other users and/or third parties.
3.1.7 The intellectual property rights to the logo, website, application, its design, underlying software code, software and other related material belong to the Company.
3.1.8 Errors/bugs may occur during the use of the website/application for which the company is not responsible. In such cases, the user will notify the company about its existence and the company will try to solve such problems as efficiently as possible.
3.1.9 Fully understands the content of the manifestation of their will, the essence of the provisions of the terms and conditions and the legal consequences arising from it.
4. Website/Application Usage and Registration
4.1 The parties agree that both registered and non-registered users have the right to access the website/application.
4.2 In order for the user to be able to fully use the website/application and receive services from the company, they are obliged to register and have their own profile.
4.3 The user is obliged to fill in accurate and real information in the relevant graphs during the registration. Filling in the incorrect or other persons information is not allowed. In such a case, the company is entitled to temporarily and/or permanently block the user’s profile, after which they will no longer be able to receive services from the company.
4.4 After the user completes the registration, they are entitled to receive services from the company.
4.5 When using the application/website, illegal and/or fraudulent actions are prohibited, as well as harming the application/website and/or third parties through any type of malware. In such a case, the responsibility is with the person whose actions caused damage to the company/third parties
5. Scope of Liability
5.1 The company does not take and cannot be held responsible for the actions or obligations of the user and/or third parties. Also, it does not take responsibility for the actions legality of the users and/or third parties.
6. Intellectual Property
6.1 The intellectual property, copyright and related rights of the application/website design, underlying software code, software, logos, trademarks and other materials are the property of the company.
6.2 Without the company’s prior written consent, it is not allowed in any way to infringe on its owned trademarks, copyrights and related rights, to modify the object of intellectual property, to use in any way, and to take any other action related to the company’s intellectual properties.
7. Personal data and its processing
7.1 The company and/or the person designated by the company has the right to process the personal data of the users for the relevant purposes, who is obliged to process the data only for the predetermined purposes and with the protection of confidentiality.
7.2 The rules of personal data collection or other processing are determined according to the personal data protection policy, which is attached to the terms and conditions and forms an essential part of it.
8. Blocking illegal activity/content
8.1 In the event that the company reasonably suspects that the use of the application/website and/or the execution of a transaction violates these Terms and Conditions of use and/or the company suspects that the transactions are illegal, fraudulent and unauthorized, the company has the right to suspend such transactions and block the profile of anyone engaging in such activity until the company investigates the specific facts. The company is also entitled, in similar cases, to apply to relevant financial institutions, other state bodies and provide them with information.
8.2 In the event that the company detects illegal signs in the user’s actions (eg: violation of age restrictions and requirements established by law, etc.), it is entitled to temporarily or permanently block the user’s profile. The company is not responsible for the legality of actions of users or third parties.
9. Dispute Resolution and Applicable Law
9.1 Any disputes/disagreements between the Company and the Customer shall be resolved through mutual agreement.
9.2 In case of failure to reach an agreement within 15 (fifteen) days after the origin of the dispute, the dispute will be reviewed by the court of Georgia, according to the Georgian law.
9.3 A decision of the Court of first instance in favor of the Company will immediately come to action.
10. Transitional provisions
10.1 By using the application/website and/or accepting the service, the parties declare that the present terms and conditions are drawn up in a language they understand, they do not have any questions/uncertainty, they fully understand the content of the norms established by the terms and conditions and that the terms and conditions are posted in a convenient and visible place for them.
10.2 In addition to the mentioned rules and conditions, the relationship between the company and users is regulated by the laws of Georgia, the personal data protection policy and other documents published on the website/application, if any.
10.3 The cancellation of individual parts of the Terms and Conditions does not lead to the cancellation of the entire document and/or its other parts.
10.4 The issues that are not regulated by these terms and conditions, the personal data protection policy and the individual legal agreement signed between the parties are regulated according to the legislation of Georgia.
10.5 By using the Application/Website, the parties confirm that each of them have the full right to enter into this relationship and have obtained all necessary authorizations and/or consents to do so.
10.6 The company is entitled to satisfy the customer’s request through mutual deduction.
10.7 Unless specified otherwise in the individual agreement, any official communication between the parties shall be in written form, except in cases where these terms and conditions provide an oral form of telephone communication. A written notice to a party may be delivered in person, sent by courier, mail, through the application/website and/or by sending a written notification to the specified email address/mobile number.
10.8 In case of change of any kind of information, including but not limited to the phone number, address, the party is obliged to inform the company about it immediately, not later than 3 (three) calendar days. In case of violation of the mentioned obligation, the company will not be held responsible if its non-compliance of the service is related to the violation of the obligation by the user. However, in such a case, if the company sends the notice to the last address available to it, the message will be considered delivered.
10.9 Users, by using the Application/Website, acknowledge and confirm that the Company can rely on the confirmations, licenses, permits and registration data provided by them. In case of inaccuracy and/or inconsistency, the responsibility lies within the submitter of the document/data/information, and in such case the company is entitled to block the user’s profile.
10.10 The parties undertake the obligation to inform the company in case of any defects related to the application, website and/or service.
10.11 The user gives unambiguous consent to receive messages, promotions, advertisements, offers and other types of information from the company in any form.
10.12 The user gives his unequivocal consent that the personal data provided by them to the company during the registration process, will be processed by the company for direct marketing purposes.
10.13 By using the website/application, you express your written consent to these terms and conditions and their constituent parts.