CLOUDICS APP TERMS OF USE

Effective from August, 03. 2020

These terms of use (“Terms of Use”) apply to the use of the Cloudics smart device application (“Cloudics App”) created by Astro Baltics OÜ (“Astro Baltics”). The purpose of the Cloudics App is to offer a convenient card-free payment solution. The Terms of Use apply to all users (“User”) who have downloaded the Cloudics App to their smart device. By downloading and using the Cloudics App and accepting the Terms of Use, the User confirms that he or she has read and agrees to the Terms of Use.

1. General description of the Cloudics App

1.1. Astro Baltics enters into cooperation agreements with companies that wish to offer goods and/or services through the Cloudics App (“Merchant”). With the help of the Cloudics App, the User can pay for the goods and/or services provided by any such Merchant and use the Merchant’s service cards (customer loyalty cards, etc.) to the extent provided for in the cooperation agreement between Astro Baltics and the Merchant.

1.2. Astro Baltics grants the User a revocable, non-exclusive, non-sublicensable and free license to use the Cloudics App. The Licence is valid from the moment of downloading the App until discontinuation of using the App (removal of the App from the User’s phone). Under the licence, the User has the right to use the Cloudics App within the limits of the functionalities described in the Terms of Use.

1.3. The User can enter in the Cloudics App his or her bank and/or service cards (“Cards”) which the User wishes to use. Astro Baltics will in no case become a party to the legal relationship concerning any entered Card. Astro Baltics will not store any data related to payment cards (see the Privacy Policy for details). Possible payment methods in the Cloudics App are:o Cloudics app include:

1.3.1. Maestro, Mastercard, Visa/Visa Electron;
1.3.2. service cards (customer loyalty cards);
1.3.3. monthly invoice.

1.4. The means of payment that can be used in the Cloudics App depend on the cooperation agreement concluded between Astro Baltics and the Merchant concerned. Astro Baltics does not always guarantee or promise the possibility to use all such possible means of payment in the Cloudics App.

1.5. Astro Baltics acts as an information society service provider in the provision of the App and is not a party to any other agreement to be entered into between the User and a Merchant or between the User and third parties. Astro Baltics is not responsible for the performance of any such agreement.

1.6. In order to purchase any goods or services through the Cloudics App, an agreement for the purchase of the goods or services is always concluded between the User and the Merchant concerned. The sales agreement is considered concluded if the Merchant sends the User a confirmation of the order. In no case is Astro Baltics a party to this sales agreement.

1.7. To have the goods delivered, the User can enter into a courier service agreement with the Merchant or a third party designated by the Merchant. In no case is Astro Baltics a party to this courier service agreement.

1.8. An electronic receipt will be stored in the Cloudics App for each purchase made from Merchants. The User can view the electronic receipts in Cloudics App for 6 months since the purchase was made. If the User wishes to keep the receipts for a longer period of time, the User can download the receipts or send them to himself or herself by e-mail.

2. Using the Cloudics App for refuelling

2.1. When the User visits a refuelling station, the pump to be used by the User will be identified. This can be done via:

2.1.1. location detection;
2.1.2. number plate identification; or
2.1.3. QR code scanning.

2.2. In addition to these Terms of Use, the particular terms and conditions of the refuelling station may apply. The terms and conditions of the refuelling station will be notified to the User via the Cloudics App before the first refuelling transaction.

3. Using the Cloudics App to place orders

3.1. Through the Cloudics App’s pre-order function, the User can pre-order food and other products (“Products”) offered by Merchants for pre-ordering.

3.2. Merchants provide information about the Products that can be pre-ordered (including the descriptions and prices of the Products) through the Cloudics App. In addition to these Terms of Use, the particular terms and conditions of a Merchant may apply. If any such particular terms and conditions apply, the Merchant notifies the User thereof.

3.3. The User places the Products that he or she wishes to pre-order from the selected Merchant in the App’s shopping cart and pays for the order with mobile payment. The paid order is registered in the Merchant’s business software. The Merchant confirms or rejects the order, depending on whether the order can be executed or not. In both cases, the User will be notified of the status of the order through the App. If the order is confirmed, the Merchant will start executing it. If the order is rejected, the money paid for the order will be returned to the User’s account. Astro Baltics is not liable to the User for the proper execution of the order by the Merchant.

3.4. When placing an order, the User selects the method and time of delivery of the ordered Products. Delivery options may vary for different Merchants (pick-up, courier, selecting a time for completing the order, etc.). The Merchant presents the terms and conditions of delivery of the order to the User.

3.5. All delivery, pick-up or other times notified to the User by the Merchant are only estimates. Neither Astro Baltics nor the Merchant warrants that the order will be delivered, can be picked up or consumed on site at the estimated time notified through the App. Such notified times can be affected by, for example, traffic jams and rush hour.

3.5.1. Once the User has placed an order, the User can no longer cancel it. Therefore, the products placed in the shopping cart should be carefully reviewed before placing an order.

3.5.2. The pre-order function of the Cloudics App is intended for persons who are 18 years of age or older, and when placing orders, the User must observe all applicable rules and regulations, including the requirements for the purchase of alcohol and tobacco products. A Merchant and its partner (courier service provider) have the right to refuse to deliver an order to the User if the User does not present a valid identity card with a photo, which proves that the User is at least 18 years old.

4. 1. Raising complaints

4.1. The User has the right to raise a complaint directly against a Merchant or another contracting party. Any disputes with third parties (incl. the entities that have issued Cards, a Merchant, a person who has gained access to the Cloudics App without a legal basis) will be resolved by the User independently. Astro Baltics has the right to participate in a dispute if Astro Baltics deems it necessary, but has no obligation to do so.

4.2. If the User has a complaint regarding the Cloudics App (i.e. not regarding the agreements concluded via the App), the User can contact Astro Baltics at the e-mail address info@cloudics.eu or at the Astro Baltics’ legal address that can be obtained from the Commercial Register.

5. Prerequisites for using the Cloudics App

5.1. To use the Cloudics App, the User has to download the Cloudics software to his or her smart device.

5.2. A prerequisite for using the Cloudics App is a functional mobile data transmission service.

5.3. In order to use the Cloudics App, it is necessary for the User to create a user account and identify him or her via e-mail, mobile ID or Smart ID.g of our services and enable future improvements. Astro Baltics can processes the data for the purpose of improving performance and user experience.

5.4. When making the first purchase, the User has to add at least one valid means of payment.

5.5. The availability of specific functionalities of the Cloudics App may depend on the User’s smart device, data transmission service and the data transmission service provider.

5.6. The User is obliged to take measures to prevent unauthorised persons from accessing the Cloudics App account.

5.7. The User must keep the Cloudics App updated to the most current version by downloading the latest version of the Cloudics App to his or her smart device via the appropriate channel.

6. Closing the Cloudics account

6.1. The User has the right to stop using the Cloudics App at any time, removing the Cloudics App from his or her smart device. If the User wishes to start using the Cloudics App again, the User has to download it to the smart device again.

6.2. Removing the Cloudics App will not delete the User’s Cloudics account. To have the account deleted, the User can submit an application (“Close your account”) via our website.

6.3. If the User becomes aware or suspects that an unauthorised person has gained or may gain access to his or her Cloudics account, the User is obliged to close the Cloudics App as soon as possible and contact Astro Baltics for assistance.

6.4. Astro Baltics may close the User’s Cloudics account without prior notice if there is a suspicion that unauthorised persons have gained access to the User’s Cloudics account. Astro Baltics also has the right to close the account if there is a suspicion that the User has abused the Cloudics App and/or violated the obligations set forth in the Terms of Use. Once the Cloudics account is closed, the User will no longer be able to use the Cloudics App on his or her smart device.

7. Liability

7.1. Liability for the legality of the transactions and operations performed through the Cloudics App and for the related consequences lies with the User.

7.2. Astro Baltics offers the Cloudics App on an “as is” basis and is not obliged to guarantee 24/7 flawless operation of the Cloudics App. Astro Baltics makes no representations or warranties in respect of the quality (including obvious or hidden defects) or suitability (fitness for normal or any particular purpose) of the Cloudics App.

7.3. Astro Baltics accepts no liability for any losses incurred as a consequence of the Cloudics App not functioning or not being usable in the desired manner.

7.4. Astro Baltics is not liable to the User for the proper functioning of services provided by third parties through the Cloudics App, such as disruptions in the use of a bank card. A Merchant may restrict, modify or discontinue the offering of Products in the Cloudics App. Astro Baltics is not liable for the consequences of such a change.

7.5. In no event will Astro Baltics be liable for the consequences of closing the User’s Cloudics account or the entire App.

7.6. In addition to the above limitations, Astro Baltics is in any case only liable for direct patrimonial damage caused intentionally or through gross negligence.

8. Data use

8.1. Use of the Cloudics App requires the processing of the User’s data, including personal data, and their transfer to persons who are involved in the provision of services through the Cloudics App (e.g. Merchant, bank).

8.2. The amount of data collected from the User depends on the requirements set by Merchants. The Cloudics App collects only the data that are necessary for the operation of the Cloudics App and/or the performance of the agreements concluded through the Cloudics App.

8.3. Information on the processing of personal data is provided in the Privacy Policy.

9. Amendment of the terms of use

9.1. Astro Baltics has the right to unilaterally amend the Terms of Use at any time, notifying the User of the amendment in the Cloudics App and on the website. Users will be deemed to have been notified of an amendment as of the moment Astro Baltics places the notice of the amendment on the website and in a visible place in the Cloudics App. If the User does not agree with the amendment, he or she has to close the Cloudics App, remove it from the smart device and close the Cloudics account. By continuing to use the Cloudics App, the User is deemed to have agreed to the amendment.

9.2. Astro Baltics may terminate the offering of the Cloudics App at any time.

10. Other terms

10.1. In any matters not regulated by the Terms of Use, the relationship between Astro Baltics and the User will be governed by the legislation and the principles of good faith and reasonableness.