SUPERRA MOBILE APPLICATION

 TERMS OF USE

Updated on 09.12.2019

GENERAL PROVISIONS

Welcome to SUPERRA mobile application (hereinafter SUPERRA, as well). “FIDO” LL company (TIN00193642, registration Nr. 264.110.1047317, registered on 23.11.2018., address: 513, 26/3 Vazgen Sargsyan, Yerevan, Armenia) (hereinafter “the Company” as well) provides technical solution, by granting financial organizations and banks (hereinafter the Partner banks) co-operating with the Company the opportunity to create online Platform for financial transactions, including state and corporate bonds sale/purchase.

In accordance with these terms and provisions (hereinafter “the Terms”) the agreement on use of SUPERRA is reached between you (hereinafter “the User”) and the Company.

Terms are confirmed by the User upon his/her registration in SUPERRA and act for indefinite period, as long as the User uses SUPERRA.

Under these Terms, the Company provides SUPERRA Users with
personal, worldwide, revocable, limited, non-transferable, non-assignable, royalty-free, irreconcilable and non-exclusive license, throughout the whole period of SUPERRA use as set forth by the Terms.

The User confirms the Terms electronically by downloading SUPERRA and agreeing with these Terms and conditions. Transfer of SUPERRA on material media to the User cannot be done.

LIMITATIONS OF USE

SUPERRA is for use by adults only. The User confirms that he/she is 18 years old, the latter confirms as well that he/she is capable and sui juris to accept the provisions, obligations, confirmations, warranties and representations defined herein and obliges to be guided by them.

The User understands and agrees that he/she is personally responsible for getting acquainted with these Terms. In case of disagreement with any of the provisions, any guidelines, any amendments, objections in relation thereto, as well as in case of dissatisfaction by SUPERRA for any reason, the User is entitled to stop the use of SUPERRA immediately.

Terms can at any time be updated by the Company, at its sole discretion.

Moreover, while using SUPERRA, the User agrees to obey applicable published guidelines that could be amended periodically. The Company notifies the User electronically on any modifications in SUPERRA or the Terms, by using electronic communication means registered by the User.

The User shall pay attention to the sign “Updated on” in the preamble of this Agreement, to get the information about recent updates of the Terms.

USE OF SOFTWARE

The subject of these Terms is the use of SUPERRA, thus, by using provided technical solutions, the User gets the opportunity to purchase/sale the financial instruments (e.g. fixed-term state and corporate bonds), proposed by the Partner banks. The Partner banks are represented in SUPERRA in a visible way, providing the User with opportunity to choose and sign respective agreements with the Partner banks independently. The Company provides the User with the opportunity to register in SUPERRA and by becoming SUPERRA’s User, to get acquainted with financial instruments represented therein.

For purchase/sale of financial instruments the User shall electronically sign the contract with the Partner bank, by passing through the identification procedure and becoming the Partner bank customer.

Financial instruments are provided by the Partner banks. The contracts on financial instruments purchase are signed directly between the User and the Partner bank.

The Company does not guarantee the completeness, correctness and relevance of the information provided by the Partner banks. The sole responsible for execution of respective orders issued by the User is the Partner bank. The Company is not held responsible for operations done through the Partner bank. The Partner bank is not the agent of the Company. The Company does not provide any banking and payment services. This, in particular, assumes that the Company does not open accounts, does not act as accounting company, does not process payment orders. The Company solely provides technical solution.

The Company is entitled to reject acceptance of the Terms by the User without any justification.

SUPERRA, as well as, any technical solution being available through SUPERRA, is the property of the Company.

The User is not entitled to decompile, do reverse engineering or try to get the source code of SUPERRA anyhow.

The Company may from time to time automatically download and install SUPERRA’s updates. These updates are for improvement, enhancement and development of SUPERRA and could be in form of bug fixes, improved functions, new modules and new versions. The User agrees to get all those updates (and allows the Company to make them with or without the knowledge of the User) as a part of the process of SUPERRA use.

Use of SUPERRA assumes that the User should have at his/her disposal respective technical equipment (phone, internet, telephone number) to use SUPERRA online.

For proper processing of transactions it is necessary that the User immediately informs about his/her contact details change.

TRANSACTION TERMS

For the User SUPERRA is the information providing application.

For financial instruments purchase/sale transactions the User shall set legal relations with the Partner bank, by duly passing through the identification procedure and becoming the customer of the bank.

Financial transactions in SUPERRA are done between the Partner bank and its customer exclusively, thus SUPERRA does not participate in the given process and does not charge any fee.

INFORMATION ABOUT TAXES CALUCLATION AND PAYMENT THEREOF

The User is aware, understands and agrees that SUPERRA does not have any obligation to collect the taxes arisen from transactions made between the Partner bank and the User and it does not act as a tax agent in part of the given transactions. Whereas the Partner bank, in accordance with the law could act as a tax agent on behalf of the User and calculate/pay respective taxes.

THE RIGHTS AND OBLIGATIONS OF THE COMPANY

The Company shall:

• Ensure the use of SUPERRA by the User without any obstacles and guarantee proper functioning thereof.
• Make arrangements on ensuring confidentiality of the information that is being exchanged via SUPERRA and to protect it from unauthorized access, use and/or disclosure thereof by third parties.
• In case of loss of the password by the User to provide him/her with the new Password or restore it.
• Provide the User with information on SUPERRA technical features and provide quality technical support.
• Inform the User on occurrence, change or elimination of all circumstances essential for performance of the Terms.

The Company is entitled:

• With an aim to improve, make software improvements, raise security level and conduct other preventive works in equipment ensuring SUPERRA operation and SUPERRA itself to suspend SUPERRA operations temporarily, by prior notice to the User, as well as with the same purpose to monitor SUPERRA’s operations, check the legality of use thereof, collect statistical data.
• The Company does not provide any warranties related to efficiency of SUPERRA use by the User or availability thereof, if the User’s technical equipment or software application does not comply with necessary technical standards.

USER’S RIGHTS AND OBLIGATIONS

The User shall:

• Use SUPERRA in accordance with these Terms.
• Provide complete and full data for proper performance of the rights and obligations by the Company under these Terms, with regards to requirements of the RA legislation.
• While using SUPERRA to inform the Company within reasonable terms about deficiencies in SUPERRA or occurrence, change or elimination of all those circumstances that are essential for performance of the Terms and that may have negative impact on efficiency of SUPERRA’s use.

The User is entitled:

• To use all services available in SUPERRA
• To become the customer of the Partner bank via SUPERRA, by going through identification procedure and make purchase/sale of financial instruments provided by Partner bank.
• To send claims/applications, both electronic and paper, by postal and/or electronic addresses of the Company.
• To make proposals for improvement of the quality of SUPPERA’s work and procedures.
• The User can update his/her personal data by visiting his/her personal page. Moreover, the User can send the request via e-mail, by sending an e-mail to support@supperra.am address, to change his/her personal data or block thereof.

LIMITATION OF LIABILITY

The User accepts and agrees that the Company is not responsible for communication with Partner banks.

This includes, but is not limited to: payments, terms, warranties, representations and purchase/sale of financial instruments and other terms related to transactions similar to that. These transactions are solely made between the User and the Partner banks. The User accepts and agrees that the Company is not held liable or responsible for any damage or loss of profit occurred as a result of these transactions.

In case of any dispute between the Partner bank and the User the latter accepts and agrees that the Company is not anyhow obliged to participate in those disputes.

In any case, SUPERRA, its officials, directors or employees are not responsible for direct, indirect, accidental, special, consequential or exemplary losses, even when the Company warned about possibility of the mentioned losses occurred from SUPERRA’s use by the User, including, without limitation the cases, where the losses are due to wrong use, inability of use, SUPERRA’s interruption, suspension, modification, change or termination thereof.

DISPUTES RESOLUTION

Disputes and disagreements that may occur during performance of these Terms shall be solved within reasonable limits through negotiations and one month term is defined for that. Negotiations shall be done distantly, through electronic communication means. For that purpose the Party initiating negotiations shall duly inform the other Party in written about the issue and proposed solution. All materials about the subject matter of the issue have to be attached to the notice.

In case of negotiations failure within defined timeframe or in case of insufficient results thereof the disputes shall be solved by the RA courts, in accordance with the RA legislation.

OTHER PROVISIONS

Electronic confirmation of the Terms is legally equal to the contract in form of a written document executed and signed by and between the Company and the User.

The Parties recognize that all e-mailing that is being exchanged between them via e-mail or SUPERRA is equal to written and duly signed paper documents, since they are the only users of the respective communication means, e-mails and respective parts of SUPERRA, along with their duly authorized persons.

All issues that are not regulated by the Terms shall be governed by the RA legislation.

DATA CONFIDENTIALITY

In case of registration of the User, the personal data, like: e-mail address and mobile phone (‘Registration data’) of the User becomes available to the Company.

The User hereby provides his/her consent on collection and use of Registration data provided by him/her, as well as, agrees, that the Company could collect all possible updates and amendments provided previously by the User to the Company. The User agrees and allows collecting and use of the data filled in by him/her in SUPERRA.

The Company values the User and accepts that ensuring the confidentiality is important for the User. For that reason, the Company undertakes responsibility to protect the Registration data provided by the User, that is: User’s e-mail address and mobile phone number.

To get authorization on SUPERRA’s use the User has to be registered therein. In this case the Company could send the User some notifications, including legal notices and notifications on policy changes. E.g. the Company could send information about issues with server or planned works.

User could cancel receipt of some notices being sent by the Company via e-mail, including sales offers. The Company shall not modify the User’s preferences without his/her consent.

Registration data is transferred to Partner bank, upon passing through the identification procedure by the User and becoming the customer of the Partner bank, to avoid duplication of data filling.