The new edition of this Accession Agreement was published on September 7, 2023, and comes into force on the day following its publication on the Website
This Accession Agreement (hereinafter referred to as the "Agreement") defines the procedure for providing Services, as well as the mutual rights, obligations, and the order of relations between the Limited Liability Company "Benefits Solution", registered with the Minsk City Executive Committee on June 1, 2020, in the Unified State Register of Legal Entities and Individual Entrepreneurs under No. 193425788, represented by the Director of the Managing Organization LLC "LEKOD" Victoria Anatolievna Yegorova, acting on the basis of the Charter and Contract No. 1/20 dated June 1, 2020, hereinafter referred to as the "Provider", and the individual, hereinafter referred to as the "User," who has accepted (accepted) the public offer (offer) to conclude this Agreement, hereinafter collectively referred to as the "Parties," and separately as the "Party."
1. TERMS AND DEFINITIONS
In this Agreement, unless otherwise specified, the following terms and definitions are used:
1.1. Provider — Limited Liability Company "Benefits Solution," registered with the Minsk City Executive Committee on June 1, 2020, in the Unified State Register of Legal Entities and Individual Entrepreneurs under No. 193425788.
1.2. User — an individual who has gained access to the services, information, and services posted on the Website by joining this Agreement.
If legal entities and individual entrepreneurs purchase access to the Website's Services for their employees through bilateral agreements with the Provider, each such employee is considered a User.
1.3. Website – a website on the Internet in the Republic of Belarus with the domain name benefits.by, owned by the Provider (hereinafter — the Website).
The Website is the official source of publication of this Agreement, as well as other information related to the Service.
1.4. Service — providing access to services, information, and services posted on the Website, including information about discounts provided by the Provider's Partners to Users who have gained access to the Website (accepted this Agreement).
1.5. Partner — legal entities, individual entrepreneurs, or individuals paying a single tax for the types of activities provided for by the Tax Code or engaged in handicrafts and participating in the Provider's Affiliate Program by placing their advertising materials on the Website, including information about discounts, with subsequent provision of discounts to Website Users who contact the Partner, provided that the User provides the Benefits virtual discount card.
1.6. Personal Account — a closed section of the Website accessible to the User after registration on the Website and authorization, intended for various actions within the Website's functionality, managing Service settings, and using other Website functions.
User authorization is done by entering a login (login via social networks, mobile phone number) and a password.
1.7. Tariff Plan — the Provider's commercial offer indicating the list of services provided, the price, and the term of service provision.
The Tariff Plan determines the price of Services for 1 (one) User.
1.8. Subscription — payments made by the User to gain access to services, information, and services posted on the Website, made automatically ("autopayment").
Subscription is automatically renewed without mandatory notification of renewal by the Provider.
1.9. Bank Card — a debit or credit card, the issuer of which is a bank-issuer, serving as a means of non-cash payments, provided that such a debit or credit card can be used by the cardholder to pay for the Provider's Services.
The Provider uses the processing system of CJSC "Alfa-Bank" for accepting payments on the Website by bank cards.
1.10. Informational Letters — informational and reference letters of the Provider sent to the User's email address with the aim of informing the User about Website capabilities, available options, updates on the Website, new discounts posted on the Website.
2. SUBJECT OF THE AGREEMENT
2.1. The Provider provides the User with services to access services, information, and services posted on the Provider's Website, including information about discounts provided by the Provider's Partners to Users.
2.2. The specific list, scope, and cost of Services provided by the Provider are determined by the Tariff Plan and specified on the Website.
2.3. When accepting (accepting) this Agreement, Users who wish to receive Partner discounts are provided with virtual Benefits discount cards.
2.4. Access to information located in protected sections of the Website is allowed only to registered Users who have gained access to login to the protected sections of the Website.
2.5. The password and the virtual Benefits discount card cannot be transferred to other persons.
The User bears full responsibility for any damage caused to them, the Provider, or third parties as a result of the intentional or unintentional transfer of User access to another person.
The User is responsible for keeping the password confidential and for any use of the Website through their password.
2.6. This Agreement does not apply to legal entities and individual entrepreneurs who have entered into bilateral agreements with the Provider for the provision of services.
3. AGREEMENT CONCLUSION PROCEDURE
3.1. This Agreement is a public contract (Article 396 of the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code)), according to which the Provider undertakes obligations to provide services on the Website to each User who applies to the Provider for such services on the terms established by the legislation and this Agreement.
3.2. This Agreement is an accession agreement (Article 398 of the Civil Code).
3.3. Publication (posting) of the text of this Agreement on the Website is a public offer (offer) from the Provider addressed to an indefinite circle of persons to conclude this Agreement (Paragraph 2 of Article 407 of the Civil Code).
3.4. This Agreement is concluded by the User joining this Agreement, i.e., by accepting (accepting) the User the terms of this Agreement in their entirety, without any exceptions or reservations (Article 398 of the Civil Code).
3.5. The fact of the User's acceptance (acceptance) of the terms of this Agreement is the User's registration on the Website and the receipt of advance payment for the User's Services (Paragraph 3 of Article 408 of the Civil Code), unless otherwise provided by this Agreement and/or the Tariff Plan, or the User's performance of any actions indicating their agreement with the terms of this Agreement.
3.6. Simultaneously with registration on the Website, the User confirms their unconditional consent to accept and comply with the terms of this Agreement.
3.7. Confirmation of successful registration is the User's ability to access their Personal Account on the Provider's Website.
3.8. This Agreement, provided that the procedure for its acceptance is observed, is considered concluded in a simple written form (Paragraph 2, Paragraph 3 of Article 404, Paragraph 3 of Article 408 of the Civil Code).
3.9. The place of conclusion of the Agreement is recognized as the location of the Provider.
3.10. The User gives their consent to the use of data transmitted within the framework of this Agreement to the Provider, and the Provider undertakes to maintain the confidentiality of the information provided by the User and not to use it for any purposes other than for the performance of this Agreement and cases provided for by this Agreement.
3.12. The Provider has the right to unilaterally change the terms of this Agreement by amending the contract form posted on the Website.
4. PROCEDURE FOR PROVIDING SERVICES
4.1. Services provided on the Website are provided to Users who have registered on the Website and made 100% prepayment for the Services in accordance with the selected Tariff Plan, unless the chosen Tariff Plan provides otherwise.
4.2. The Provider has the right to involve third parties to fulfill its obligations under this Agreement and to use the services/work of third parties that provide the possibility of providing the Services specified in this Agreement.
4.3. To receive the Services, the User must register on the Website by filling out the form provided on the Website with mandatory information as specified in the form.
4.4. By registering on the Website, the User expresses their full and unconditional consent to:
- the terms of this Agreement;
4.5. In the event that a User who has made a 100% prepayment has not registered on the Provider's Website for reasons beyond the Provider's control, the Services are considered properly rendered, and the prepayment is not refundable.
4.6. To confirm the email address provided during registration, the User receives an email to the address provided by the User during registration on the Website.
4.7. Confirmation of the email address is done by the User by following the link sent to them in the email to the email address provided during registration.
4.8. After confirming the email address, the User gains access to their Personal Account and an automatically generated virtual discount card, Benefits.
4.9. The Benefits discount card issued to the User is assigned a unique number.
4.10. To receive a discount from a Partner of the Provider, the User must:
- have a virtual (and/or physical) Benefits discount card and provide its number to the Partner;
- fulfill other conditions specified by the Partner and indicated on their personal page.
Specific conditions for receiving a discount from a Partner of the Provider are determined directly by the Partner and are indicated on the Partner's personal page posted on the Website.
4.11. The User is responsible for the accuracy and correctness of the information provided by them during registration on the Website, as well as for all actions taken using their email address and password to access their profile on the Website. The User has the right to use the Website services only using their own email address and password.
4.12. The User is prohibited from providing access to their Personal Account to third parties.
4.13. The User must immediately change the data used to access the Website services if they have reasons to suspect that their email addresses and passwords used to access the Website services have been disclosed or may be used by third parties.
4.14. The User can request the removal of their Personal Account from the Website by sending a request to the Provider via email or through the feedback form.
4.15. The Provider reserves the right, if necessary, to contact the User: send Informational Letters and messages to the email address provided during registration, as well as to the User's mobile phone. The provision by the Provider of the information necessary to perform this Agreement to the address of the email and/or mobile phone number specified in the profile and/or online registration form is considered proper notification of the User by the Provider.
4.16. Informational letters sent by the Provider to Users for the purpose of informing them about the opportunities of the Website, available options, updates on the Website, new discounts posted on the Website, are solely for the purpose of informing the User and constitute the performance of this Agreement.
4.17. The User can unsubscribe at any time by using the "unsubscribe" link in each informational letter or by sending a message to the Provider.
5. COST OF SERVICES AND PAYMENT PROCEDURE
5.1. Services are provided on a paid basis in accordance with the selected Tariff Plan.
5.2. Access for the User may be paid by their employer who has entered into a bilateral agreement with the Provider in accordance with the Tariff Plan under such bilateral agreement.
5.3. The cost of services under this Agreement is determined in accordance with the Provider's current tariffs (Tariff Plans) and depends on the factors specified in the Tariff Plan.
5.4. Tariff plans for the provision of Services are posted on the Website.
5.5. The Tariff Plan determines the price of the Services relative to 1 (one) User.
5.6. The Provider has the right to unilaterally change the tariffs for the provision of Services under this Agreement. In this case, the cost of already paid Services does not change during the entire paid period.
5.7. Payment for services is made by the User in Belarusian rubles by 100% prepayment by non-cash transfer of funds through the User's bank card, unless other conditions are provided by the selected Tariff Plan.
5.8. Payment by the User of a specific Tariff Plan is the User's agreement to the list of Services provided, their volume, period, and cost.
5.9. The paid Services are provided by the Provider in full regardless of changes in prices for them during the period of their provision.
5.10. Other conditions for providing paid Services may be indicated by posting relevant information on the Website.
5.11. All payments under this Agreement are made in Belarusian rubles.
5.12. When subscribing for the User, recurrent (automatic) payments for the access period are included.
5.13. Tracking the expiration dates of the Subscription is the responsibility of the User in their Personal Account.
5.14. Termination of the Subscription is carried out in the User's Personal Account. The funds will be stopped from being debited in the next calendar period after the date of deactivation.
5.15. If the User has not deactivated the Subscription for any reason, the funds will be automatically debited from the User's Bank card and are non-refundable.
5.16. In case of insufficient funds on the User's bank card, the Subscription is considered terminated, and the provision of Services is terminated.
5.17. The User guarantees that they are the holder of the Bank card, consciously, correctly, and fully provide all the required details of the Bank card when paying for the Services.
5.18. In case of impossibility of executing the Agreement due to the fault of the User, the prepayment under the agreement is not refundable.
5.19. In case of impossibility of executing the Agreement due to the fault of the Provider, the prepayment is subject to a full refund.
5.20. In case of termination of this Agreement for reasons not related to its non-performance or improper performance by the Provider, the funds paid to the Provider as an advance payment are not subject to refund.
5.21. The provision of Services under this Agreement to Users who are consumers within the meaning of the Law of the Republic of Belarus of January 9, 2002, No. 90-Z "On Consumer Protection" is confirmed by the fact of such Users' consumption of the Services provided to them and the absence of claims to the Services provided by the Provider within 14 calendar days from the date of the end of the provision of Services. The provision of Services is not accompanied by the preparation of a service act.
6. REFUND OF FUNDS
6.1. In case of erroneous debiting of funds from the User's bank card due to the fault of the Provider, the prepayment shall be refunded in full.
6.2. Refund of funds is carried out in the presence of grounds established by this Agreement and the legislation of the Republic of Belarus in the following cases:
- at the initiative of the Provider;
- upon the written request of the User for a refund, if satisfied by the Provider.
6.3. A request for a refund of funds shall be considered and satisfied by the Provider in the presence of grounds provided by this Agreement and the legislation of the Republic of Belarus within 7 (seven) days from the date of submission of the relevant request.
The date of submission of the request is considered the day when the Provider receives the relevant request.
6.4. Refund of funds is made to the User's bank card through which payment for the Provider's Services was made unless the User specifies in their refund request the details of another bank card.
6.5. If payment for the Services was made by a method other than a bank card, the refund of funds is made by the same method by which payment for the Services was made, unless the parties determine another refund method.
6.6. Refund of funds can only be made to the User.
6.7. In the absence of grounds for satisfying the User's request for a refund of funds, the Provider sends the User a written refusal within 7 (seven) days from the date of submission of such a request.
6.8. The day of refund of funds is considered the day when the corresponding funds are debited from the Provider's bank account.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Provider undertakes:
7.1.1. To provide the User with the Services in accordance with the terms of this Agreement;
7.1.2. To provide the User with access to the Personal Account and the functionality of the Site after registration for the paid period, unless the selected Tariff Plan provides otherwise;
7.1.3. To ensure the confidentiality of the information provided to the User, except in cases where providing access to such information for third parties is a necessary condition for the provision of the Services or is mandatory under the legislation of the Republic of Belarus;
7.1.4. To inform the User about the capabilities of the Site, available options, updates on the Site, in particular through informational and reference letters.
7.1.5. To comply with the legislation of the Republic of Belarus on the protection of personal data, including providing technical and cryptographic protection of personal data.
7.2. The Provider has the right:
7.2.1. To demand payment from the User for the provided Service in accordance with the selected Tariff Plan;
7.2.2. Not to provide the Services if the Partner has not made a 100% prepayment for the Services, except in cases where the selected Tariff Plan provides otherwise;
7.2.3. Not to provide the Services in case of User's violation of the terms of this Agreement;
7.2.4. In case of non-payment by the User for the ordered paid Services, to suspend or terminate the User's access to the personal account of the Site;
7.2.5. Unilaterally change the cost of its paid Services with subsequent notification of the User about this. Notification may be made in any way, including by sending a notification by email or posting a notification on the website;
7.2.6. Inform the User about the capabilities of the Site, available options, updates on the Site, new discounts posted on the Site, by sending Informational Emails to the User's email;
7.2.7. To involve third parties to fulfill its obligations under this Agreement, as well as to use the services/works of third parties that ensure the possibility of providing the Services provided by this Agreement;
7.2.8. Update the content, functional capabilities, and user interface of the Site at any time at its discretion;
7.2.9. Suspend the operation of the Site for necessary planned maintenance and repair work on the technical resources of the Site, as well as for unscheduled work in emergency situations, with or without notifying the User if technically feasible, by posting relevant information on the Site;
7.2.10. Interrupt the operation of the Service if it is caused by the impossibility of using information and transport channels that are not the Provider's own resources, or by the actions and/or inaction of third parties, if it directly affects the operation of the Site, including in emergency situations;
7.2.11. Unilaterally make changes to this Agreement;
7.2.12. Have and exercise other rights arising from this Agreement.
7.3. The User undertakes:
7.3.1. To comply with the terms of this Agreement;
7.3.2. To pay the Provider for the Services in accordance with the selected Tariff Plan;
7.3.3. To provide the Provider with accurate information as required by this Agreement;
7.3.4. To provide the Partner of the Provider with a virtual discount card Benefits, as indicated in the system, to receive a discount;
7.3.5. Not to take actions that may disrupt the normal operation of the Site;
7.3.6. To ensure the security and confidentiality of the service information received from the Provider (links, usernames, access passwords, etc.);
7.3.7. To fulfill other obligations provided by this Agreement.
7.4. The User has the right:
7.4.1. To demand proper provision of the Services from the Provider;
7.4.2. To use the Site within its functional capabilities and on the terms set forth in this Agreement;
7.4.3. To opt-out of receiving Informational Emails, as a result of which the Provider ensures the cessation of sending such emails;
7.4.4. To have and exercise other rights arising from this Agreement.
8. LIABILITY OF THE PARTIES
8.1. The Parties shall be exempt from liability (in whole or in part) if the failure to perform or improper performance of obligations occurred due to force majeure, adoption of regulatory legal acts establishing prohibitions or restrictions, earthquakes, floods, and/or other natural disasters, transport accidents, and other circumstances that arose after the conclusion of this contract, which the Parties could neither foresee nor prevent by reasonable measures (force majeure).
8.2. The Provider shall be exempt from liability for losses explicitly or indirectly incurred by the User as a result of full or partial consumption or lack of opportunity to consume the Services in the following cases:
8.2.1. If the losses are caused in connection with the replacement, repair, or adjustment of equipment, software, or other work required to maintain the operability or improvement of the technical means of the Provider, provided that the User is notified no later than one day in advance and provided that the duration of the inability to consume the Services does not exceed one day.
8.2.2. If the losses are caused due to the actions or inaction of third parties or due to the inoperability of telecommunication channels, data transmission networks, information resources, or services, as well as accidents (failures) in power electrical or computer networks located beyond the Provider's own resources, or over the functioning of which the Provider has no influence.
8.2.3. If the losses are caused due to errors or malicious components in the software used on Internet servers, as well as in the software used by the User.
8.2.4. If the losses are caused due to the User's failure to maintain the confidentiality of their account information or other confidential information.
8.3. The Provider is not responsible for the content of advertising materials provided by the Provider's Partner, as well as for the content of information posted on the Partner's information resources.
8.4. The Provider is not responsible for the content of advertising materials provided by the Provider's Partner, inaccurate (improper) advertising, possible copyright violations, trademark violations, lack of approval of advertising materials by state authorities if such approval is required, as well as compliance with other laws of the Republic of Belarus, as well as for the content of information posted on the Partner's information resources.
9. OFFER WITHDRAWAL
9.1. This offer is not irrevocable.
9.2. The offer may be withdrawn by the Provider at any time, but this does not constitute a basis for refusing the Provider's obligations under already concluded contracts.
9.3. The withdrawal is made by posting the relevant information on the Site.
9.4. The Provider undertakes to post a notice of the offer withdrawal on the Site with the exact time of the offer withdrawal.
10. CONTRACT VALIDITY, AMENDMENT, AND TERMINATION
10.1. This Agreement is valid indefinitely until its full performance by the Parties or until termination in accordance with this Agreement.
10.2. Changes and/or additions to this Agreement are made unilaterally by the Provider's decision.
10.3. Changes and/or additions made by the Provider to this Agreement on its own initiative shall enter into force on the day following their publication on the Website.
10.4. The text of changes and/or additions to this Agreement or its new version shall be made publicly available by the Provider through the placement (publication) of the relevant information on the Website.
10.5. The Parties agree that silence (lack of written notifications of termination of this Agreement or disagreement with individual provisions of this Agreement) is considered as consent and the Provider's accession to the new version of this Agreement.
10.6. In the event of the User's disagreement with the changes and/or additions unilaterally introduced by the Provider to this Agreement, the User has the right to refuse to perform this Agreement within 10 business days from the date of entry into force of the changes and/or additions by notifying the Provider by email to the email address specified in this Agreement.
10.7. This Agreement may be terminated prematurely:
- by mutual agreement of the Parties;
- by the unilateral refusal of the User to continue performing the Agreement by not renewing the subscription;
- by the unilateral refusal of the User to continue performing the Agreement in case of non-payment of services, unless the Tariff Plan provides otherwise.
11. MISCELLANEOUS TERMS
11.1. The Parties will seek to resolve all possible disputes and disagreements that may arise from this Agreement through negotiations.
11.2. The Parties agree on the legal force of documents and messages sent (received) by the Parties by email from the following addresses and to the following addresses:
- from the User's side: email addresses provided by the User during registration;
- from the Provider's side: email@example.com.
In this case, letters sent from the specified email addresses are considered signed by the authorized representatives of the Party for the implementation of all issues of this Agreement.
Letters sent to any of the specified email addresses are considered received by the respective Party on the next business day after they are sent.
The above email address list can be changed independently by each Party by informing the other Party with the respective notification.
12. PROVIDER DETAILS
12.1. The Parties unconditionally agree to consider the User's details the information provided by them when filling out the registration form on the Website.
12.2. Provider's Details:
Limited Liability Company "Benefits Solution"