“Lemune” is a platform that provide grocery/retail shopping service and deliverthe goods that users order them from Lemune customer app.
"Supplier" - a legal entity that purchases Services and Goods for resale, and not for their own needs, on the basis of agreements concluded with the copyright holder. The provisions of contracts concluded with the Supplier may provide conditions different from those set forth in this Agreement; in case of any contradictions between the contract and the Agreement, the terms of the contract take precedence.
"Order" - a request for the provision of the Service or the Product sent to the copyright holder of the Lemune Platform by placing in a special section of the Lemune Platform.
"Personal Account" - a specialized section of the Lemune Platform, which is entered using an Account, which allows you to manage Applications.
"LOG-file of the Lemune Platform" - an automatically chronological record with the required level of detail of information about events occurring on the Lemune Platform (errors, warnings, messages, notifications, User actions on the Lemune Platform, and others).
"Non-exclusive rights" - the right to use the Software in the ways specified in Section 1 "Subject of the Agreement", provided under a simple (non-exclusive) license.
"Personal data" - information that can directly or indirectly identify the User.
"User" - an authorized person authorized to work with the Lemune Platform and having an Account consisting of a Login and a Password to enter the corresponding section of the Lemune Platform.
"User Content" - software (including machine images), data, text, audio, video or images, that is, information in any form available in connection with the Services provided or the User's activities on the Lemune Platform, used to provide access to third-party cloud and other services, including API and other means of exchanging information between software tools, documentation; sample code; software libraries; command line tools; templates; and other related technologies (including any of the above).
"Copyright Holder" is a person who has the exclusive right to the Software on the basis of law or agreement.
"Software" - a set of data and commands presented in an objective form, intended for the operation of computers and other computer devices in order to obtain a certain result, including preparatory materials obtained during the development of the Computer Program and the audiovisual displays generated by it.
"Service" - any of its own or third-party services / works / licenses provided by the copyright holder of the Lemune Platform and its suppliers.
"Accounting System" - an automated accounting system for connections and the Goods and Services provided through the Lemune Platform, their tariffication and invoicing.
“Territory" means the territory within which it is permitted to distribute and use the Software.
"Account" - a record containing information about the User and information necessary for his identification and accounting. The account may contain, including, but not excluding, the User's Personal Data (name, phone numbers, email addresses, billing information, and others). To identify the User and authorize him on the Lemune Platform, the User Account is assigned a Login and Password.
1. REGISTRATION ON THE MOBILE APPLICATION
1.1. Access to the Lemune Platform on Lemune Mobile Application and use of the Services and Products provided through it is carried out in accordance with this Agreement. By logging into the Lemune Platform, the User confirms that he undertakes to comply with the terms of this Agreement and all the rules and regulations applicable to the use of the selected Services of the Goods. The user acknowledges that the conditions for the provision of various Services may vary.
1.2. Access to the Services and Products is carried out on the Lemune Platform at Lemune Mobile Application through the Mobile Application Account associated with a valid Mobile number (for the user). The user is responsible for the confidentiality, relevance, accuracy and sufficiency of all registration data that he uses on the Mobile Application.
1.3. The policies for working with the Services and third party services are governed by this Agreement.
1.4. The User's account in the profile section of the Lemune Platform, containing the Login, is intended only for internal use by the User and / or his authorized persons acting on his behalf and in his interests.
2. ACCESS
2.1. The User's access to the Lemune Platform is carried out via the Internet. Providing the User with access to the Internet is not the subject of this Agreement and is not the responsibility of the Lemune Platform.
2.2. The provision of Services and Products is carried out by the User placing an Order on the Lemune Platform. The User agrees with the procedure for the provision of the Service or the Product, based on its form, in accordance with the information specified on the Lemune Platform, the relevant agreement and the conditions of the Manufacturer of the Service or Product. The list of Services and Products that can be ordered and possible Tariff plans are given on the Lemune Platform and are determined by the copyright holder of the Lemune Platform. The User agrees that when ordering a Service or Product, he is satisfied with its descriptions in the relevant sections of the Lemune Platform and knows its most important functional properties and features. The User unilaterally bears the risk that the selected Services do not match their wishes and needs.
2.3. In accordance with the terms of this Agreement, the copyright holder of the Lemune Platform may provide the User with Services and Products. Services can be in the form:• service• non-exclusive license• Food and non-food products
2.4. The user agrees that the copyright holder of the Lemune Platform may change, supplement, or discontinue any or all of the offers of the Services and Products, or periodically change or remove the functionality of any or all of the Services.
2.5. When placing an order for a Service or a Product, the User automatically accepts the terms of the License Agreement with the Copyright Holder of the Service, as well as the accompanying User Agreements on the quality of services provided and other documents regulating the provision of the Service or Goods published by the Manufacturer or the Copyright Holder on its respective public resources.
2.6. The Services are provided to the User "as is" and in the form in which they are available on the Lemune Platform and posted on the Internet by Copyright Holder of the Service or the Product at the time of providing access to them to the User, with no additional guarantees, direct or indirect, except for those expressly agreed in this Agreement .
3. SECURITY
3.1. The Copyright Holder of the Lemune Platform will take reasonable and appropriate measures to help protect the User's access to its User Content or to the Services from accidental or illegal loss of access to them or disclosure of their confidential data.
3.2. The User is responsible for all actions that occur in his Account, regardless of whether these actions are performed by the User and / or his authorized persons.
3.3. The User is obliged to immediately, by all available means and with confirmation from the copyright holder of the Lemune Platform of receipt, notify the latter of any unauthorized use of their Accounts or any security breaches found or unauthorized entry / use of both the Lemune Platform itself and the Services.
3.4 The Copyright Holder of the Lemune Platform and its Provider will not disclose the content of the User Content to a third party or move its content from the Data Centers of the platform, unless it is• is a requirement of the manufacturer of the Service,• is necessary for compliance with the law or mandatory for the execution of the order of the state supervisory authority.
4. USER CONTENT
4.1. The User guarantees that the User Content or the Services provided on the market by the User, using the Lemune Platform, the Services will not violate any Policies or legislation of the country of the location where it is located, if applicable in this case. The User is solely responsible for the development, maintenance, operation, and use of User Content.
4.2. The User is solely responsible for the correct configuration and use of the Services and, otherwise, takes appropriate actions to protect and back up their Accounts, services, and User Content in such a way as to ensure adequate security and protection, which may include the use of encryption of User Content against unauthorized access and its regular archiving.
5. PAYMENT FOR THE SERVICES AND GOODS PROVIDED
5.1. The Lemune Platform contains an independent Accounting System for consumed Services and Goods, which allows you to keep track of payments and the orders
5.2. The actions of the User recorded in the LOG file of the Lemune Platform and, subsequently, used in the Accounting System for consumed Services and Goods, are the basis for invoicing for payment of consumed Services. The user agrees that the confirmation and proof, including in the courts, of the fact and volume of the Services consumed in the billing period are the readings of the Accounting System for the Services and Goods consumed. The Parties hereby agreed to recognize the data of the Accounting System for consumed Services and Goods as the only correct ones for calculating payments between all parties to the Agreement, including when resolving disputes and disagreements.
6. ACCESS RESTRICTION
6.1. The right holder of the Lemune Platform, unilaterally out of court, may suspend the User's right to access and use any part or all of the Services immediately after notification or within the period indicated in the notification if the right holder of the Lemune Platform determines that:
• use by the User of a third-party Service or Lemune Platform:
- creates or may create a threat to the security of the third
party Service itself, the Lemune Platform or any third party,
- may adversely affect the User Content of any other User of the Lemune Platform,
- may subject the third-party Service, Lemune Platform, the copyright holder of the Lemune Platform or any third party to liability,
- may be fraudulent;
• use of the Lemune Platform and / or Services is carried out in violation of this Agreement;
• The user has not fulfilled payment obligations or reject the order at the time of delivery even the user already confirmed the order on Lemune platform
7. DURATION OF THE AGREEMENT, PROCEDURE FOR AMENDMENTAND TERMINATION
7.1. This Agreement enters into force from the moment the User accepts its terms at lemune mobile application and the User first enters the authorized area of the Lemune Platform and is validuntil terminated by one of the Parties.
7.2. The copyright holder of the Lemune Platform has the right to periodically change this Agreement, the Appendices and related documents unilaterally out of court.
7.3. The User undertakes to regularly check the relevant section Lemune mobile Application for changes to this Agreement, its Appendices, and related documents.
7.4. Notice of termination of this Agreement by either Party to the other Party must include the Termination Date.
7.5. Each of the Parties understands that the rights associated with termination or expiration of this Agreement are unlimited. A party that waits for the expiration of the Agreement or uses its right to terminate it does not bear any responsibility (including compensation for damage) for any damages, losses or expenses incurred by the other Party in connection with the termination or expiration of this Agreement. This includes loss of reputation, expected future profits or sales, and damage associated with any expense, inventory, investment, lease or other liability, whether or no tsuch Party is aware of the loss, loss or expense. The User hereby waives any right to receive compensation in connection with the termination, expiration or non-renewal of this Agreement, which he has under applicable law or regulation. Without prejudice to the foregoing, termination or termination of this Agreement does not release either Party from obligations arising prior to the termination or expiration date.
8. RESPONSIBILITY AND PROCEDURE FOR RESOLVING DISPUTES
8.1. By placing an Order, the User confirms that he is aware of all the most important functional properties of the Services, as well as the License Terms of the Copyright Holders and Manufacturers. The user bears the risk of the compliance of the Services and Products with his wishes and needs. The Copyright Holder of the Lemune Platform is not responsible for any losses incurred as a result of improper use or inability to use the Services and Products that arose through no fault of the Lemune Platform. Under no circumstances will the copyright holder of the Lemune Platform be liable for lost profits, loss of information or the unsuitability of the Services and Products for any specific purposes of the User.
8.2. When the user uses the Services to place an order for certain products, the user authorizes the purchase and delivery of those products to the user through lemune delivery courier. The user agrees that the user purchase is being made with the Lemune store, and that title to any goods passes to the users when they are purchased at lemune mobile application, and neither return partial of the order nor reject the complete order is acceptable after starting the trip by the driver for delivery to user, Copyright Holder might approve a compensation to the user in case of damaged items during the order preparing and delivery or for expired items, at the time of delivery, but after the verification by Copyright Holder on submitted evidences by the user, Copyright Holder has the solely right to accept or reject the case of the compensation and Copyright Holder has the solely right to decide the value and form of compensation
8.3. The User bears all responsibility for violation of the terms of the Agreement and related documents and must oblige the End User to follow the conditions and restrictions established in the Agreement and related documents.
8.4. In case of violation by the User and / or the End User of section 6. "Restriction of Access" of the Agreement, the User is obliged to compensate the copyright holder of the Lemune Platform for all losses caused by such violation.
8.5. The copyright holder of the Lemune Platform, the Supplier does not bear any obligations or any other responsibility for the User Content, as well as the data of the Accounts.
9. OTHER
9.1. Any information and documents (including in electronic form) received by the Parties in the process of concluding and executing this Agreement are confidential (commercial secret and / or personal data). Documents and information that are publicly available and / or generally known are not considered confidential.
9.2. Each of the Parties undertakes, without the consent of the other Party, not to distribute, not to transfer to third parties the information and / or documents specified in clause 9.1 of this Agreement, in whole or in part, and also not to provide third parties with access to such information and documents in whole or in part. ... The parties undertake to take all necessary measures in order to prevent the full or partial distribution, transfer to third parties of the information and documents specified in clause 9.1 of this Agreement, as well as providing third parties with access to such information and documents.
9.2.1. The provisions provided for in this article shall remain in effect after the termination of this Agreement for any reason for 5 (five) years
from the date of termination of this Agreement.
9.2.2. This article does not apply to cases of transfer of information and / or documents specified in paragraph 9.1 of this Agreement to state and local authorities at their request within the framework of the performance of the functions of state (municipal) control and supervision by these bodies, as well as to the Copyright Holder in the amount provided by the agreement with the Copyright Holders and the Policy for the Processing of Personal Data of the Copyright Holder of the Lemune Platform.
9.3. The User gives the right holder of the Lemune Platform a voluntary informed consent to the processing of his Personal data, and the User also confirms that he has received the consent of the personal data objects, the data of which is used in the process of fulfilling the terms of this Agreement, to the processing of personal data and their cross-border transfer, and also gives the copyright holder of the Lemune Platform voluntary informed consent to the processing and cross-border transfer of personal data of persons whose data is used in the process of fulfilling the terms of this Agreement, in order to fulfill the terms of this Agreement.
9.4. The Parties agreed that all documents agreed and signed by both Parties during the execution of the Agreement and transmitted bye-mail will be valid provided that the message sent allows it to be established that it comes from the Party under the Agreement.
9.5. The User has no right to transfer his rights and obligations under this Agreement to third parties without the prior written consent of the copyright holder of the Lemune Platform.
9.6. This Agreement, all annexes and related documents, as well as the conditions listed on the sites of the Copyright Holders, constitute a single agreement of the Parties, which replaces and cancels all previous and previously reached oral and written agreements between the Parties regarding the subject of this agreement.
10. GENERAL CONTACTINFORMATION
IRAQ-Baghdad-AL-Jadria
District 915 - Street 45 - Building Number24
