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Terms of Use of MELP Mobile Application 

 

  1. Definitions
    1. MELP (or We) shall mean MELP BV, KvK code 80201547, registration No. 000046569057, registered office address Prof. J.H.Bavincklaan, 71183AT Amstelveen, the Netherlands or any other MELP company established in the country where the MELP platform services are provided;
    2. MELP Platform shall mean the MELP-managed online platform at melp.com and MELP Mobile Application. The MELP Platform is a tool for companies to provide information on and manage the Benefits, and for Users to access this information provided by the Companies, select the Benefits and perform other permitted actions. Depending on the chosen method of connection to the MELP Platform, the scope of information provided on the MELP Platform and the offered functionality may differ.
    3. MELP Mobile Application shall mean the MELP mobile application that may be downloaded to smart devices and which may be used to access the MELP Platform. Users may use the functionalities of the MELP Platform only through the MELP Mobile Application;
    4. User (or you) shall mean a user of the MELP Mobile Application who is an employee of the Company or otherwise a natural person related to the Company and who uses the MELP Mobile Application to find out about the benefits provided by the Company and perform other actions provided for in these Terms of Use;
    5. Company shall mean (i) a legal entity acting as an employer; (ii) a self-employed natural person acting as an employer; (iii) a person who employs natural persons on the basis of a service or other civil contract; (iv) a person who provides benefits to Users on a basis other than an employment contract or civil contract;
    6. Benefits shall mean the benefits provided by the Company to the User in connection with the User’s promotion, health, insurance and training services, discounts, services provided by third parties or other incentives that the User is entitled to use due to its relationship with the Company;
    7. Benefit Providershall mean a third party providing the services that are considered to be the object of the Benefit. When the Benefit is provided by the Company itself, the term Benefit shall include the Company;
    8. Terms of Use of MELP Mobile Applications shall mean these Terms of Use of MELP Mobile Applications which are applicable to Users. The current version of the Terms of Use of MELP Mobile Application shall be provided in the MELP Mobile Application.
  2. Right to Use MELP Mobile Application
    1. The Terms of Use of MELP Mobile Application shall be binding on you when wishing to start using the MELP Mobile Application and whenever you are using it, therefore, you must carefully read and follow these Terms of Use. When you first accept these Terms of Use by logging in to the MELP Mobile Application, you agree to abide by all of the terms of use of the MELP Mobile Application. These Terms of Use shall also set out our obligations to you, therefore, these Terms of Use of MELP Platform shall be considered to be a binding agreement concluded between you and Us.
    2. Your use of the MELP Mobile Application shall be free of charge.
    3. In all cases, you shall decide for yourself whether to use the Benefits provided to you by the Company. The MELP Mobile Application shall work as a tool for the provision of information on your choices to you and for the usage of its other functionalities. You shall be free to decide how much, when and how to use the MELP Mobile App or not to use it.
    4. In such a case, if you use the MELP Mobile Application due to the Benefits provided to you by several Companies and your relationship with a Company ends, you will no longer see the Benefits provided by it in the MELP Mobile Application.
    5. In providing the Benefits, the relationship shall be established directly between you, the Company and the Benefit Provider. We shall act only as a revealed intermediary who provides MELP Platform services to the Company. For all questions concerning the provision of Benefits, their quality, compliance with legal acts and in other cases, please contact the Company.
  3. Use of MELP Mobile Application
    1. Before you start using the MELP Mobile Application, the Company shall create an account for you and provide you with login details in order to initiate your account.
    2. In order to connect to the MELP Mobile Application for the first time, you will need to:
      1. download the MELP Mobile Application to your smart device;
      2. enter your telephone number and the login details provided to you by the Company;
      3. read and agree to the applicable rules and notices (including, but not limited to, these Terms of Use of MELP Mobile Application and Privacy Policy).
    3. You are responsible for maintaining the confidentiality of your account access data (login code).
    4. You will become a User of the MELP Mobile Application after receiving confirmation on your specified telephone number and/or e-mail.
    5. If you no longer wish to use the MELP Mobile Application, you shall have the right to stop using it and/or remove the MELP Mobile Application from your device at any time. Contact the Company if you wish to cancel your account on the MELP Platform.
  4. MELP Mobile Application Functionality
    1. You may use the following MELP Mobile Application functionalities (the list of which is not exhaustive):
      1. see the Benefits provided by the Company to you, get acquainted with the descriptions of the Benefits and the conditions of their provision;
      2. manage Benefit options (choose to apply or opt out of Benefits, group them) according to the opportunities provided by the Company;
      3. follow the news concerning the provided Benefits and other information of the Company about the conditions of using the Benefits;
      4. get acquainted with the current version of the Terms of Use of MELP Mobile Application and Privacy Policy;
      5. see the contact information of the responsible person of the Company administering the Benefits provided by the Company;
      6. receive Company notices intended for you concerning the Benefits.
    2. MELP shall have the right to add additional, as well as change or delete the existing MELP Mobile Application functionalities without separate notice, which shall become available to you when you update the MELP Mobile Application on your device.
  5. Your General Rights and Obligations
    1. You shall be entitled to use the functionality of the MELP Mobile Application, but you must comply with these Terms of Use of MELP Mobile Application and applicable laws.
    2. You agree to:
      1. properly perform the duties set forth in these Terms of Use;
      2. not transfer the login details of your account to the MELP Mobile Application to third parties and not to allow third parties to use your account on the MELP Mobile Application;
      3. not use the MELP Mobile Application in a manner that interferes with or may cause the MELP Platform or any of its features to malfunction;
      4. not use the MELP Mobile Application for fraudulent purposes or for any illegal activity;
      5. act prudently and honestly when using the MELP Mobile Application and the information it contains.
  6. Our General Rights and Obligations
    1. We reserve the right to suspend or terminate your access to the MELP Mobile Application or to remove your account from the MELP Platform if there is reason to believe that you are engaging in unauthorized activity or acting dishonestly, otherwise violating these Terms of Use, legal requirements or the rights or interests of third parties.
    2. We will make reasonable efforts to make the MELP Mobile Application work properly and be accessible to its users. However, we do not warrant that the MELP Mobile Application will operate without interruption or error and that the information provided in the MELP Mobile Application will be accurate, complete and regularly updated by the Company.
  7. Protection of Personal Data
    1. Your Personal Data shall be processed when using the MELP Mobile Application. Detailed information on the processing of Personal Data on the MELP Platform shall be provided in the Privacy Policy. The first time you log in to the MELP Mobile Application, you must read the Privacy Policy and confirm that you have done so.
  8. Intellectual Property
    1. The MELP Platform and all its individual elements, including software, source and object codes, algorithms, know-how, databases, texts, designs, logos, product and service names, trademarks (other than those owned by the Companies), and all intellectual property rights in them shall belong exclusively to Us or Our licensors, and no rights to the MELP Platform shal lbe transferred to you.
    2. We hereby grant you a non-exclusive, non-transferable right to use the MELP Platform for its intended purpose for the duration of this agreement.
    3. You hereby agree not to copy, modify or otherwise use the intellectual property referred to in this Section of the Terms of Use of MELP Mobile Application.
  9. Limitation of Liability
    1. We do not guarantee that the MELP Platform and/or its content will be permanently available and equally functional. You understand that the MELP Platform may be unavailable or its usage may be delayed at any time and for any reason.
    2. To the extent permitted by law, We shall accept no liability for:
      1. actions and/or omissions of third parties that would disrupt the use of the MELP Mobile Application and cause you to suffer losses as a result thereof;
      2. any obligations that may arise under applicable law, including tax law, from your use of the Benefit;
      3. termination of the activities of the MELP Platform for any reason;
      4. loss, unauthorized disclosure or corruption of MELP Platform data.
    3. Our liability shall arise only for damage caused by Our intent or gross negligence and only for direct damages, the amount and fact of which you must prove.
    4. We shall make no representations, warranties or guarantees concerning the Benefits provided by the Company and shall not make any assessment thereof.
    5. We shall make reasonable efforts to keep the MELP Mobile Application and its content secure. However, no system is completely secure, and We do not warrant that the MELP Mobile Application will be free of viruses, malware, or other elements that may make the MELP Mobile Application and/or its content dangerous. You shall be solely responsible for the safety of yourself and your equipment.
    6. The MELP Mobile Application may contain links to third party websites and services that are not owned and controlled by Us. We shall accept no liability for such websites and online services.
    7. We shall not accept any liability for your relationship with the Company and shall not participate in it, we shall not guarantee the completeness of the attribution of Benefits to you, the accuracy of the information and shall not check whether or not you have a right to a particular Benefit. The service we provide is the provision of information about the Benefits provided by the Company to the User, and we do not offer any Benefits or provide the services that are the object of the Benefit.
    8. If We are harmed by your illegal actions and/or violations of these Terms of Use, you shall be obliged to compensate them.
  10. Final Provisions
    1. We shall reserve the right to suspend, remove, modify or terminate the MELP Mobile Application in whole or in part. We will endeavour to inform you in advance of such termination. We shall not be liable if the MELP Platform becomes unavailable for any reason or due changes thereto, its suspension or termination.
    2. We shall have the right to transfer to the other party all or part of the rights and/or obligations arising from these Terms of Use of MELP Mobile Application (e.g. by selling the MELP Platform or changing the MELP business structure).
    3. All data and information related to the MELP Platform and uploaded to the MELP Mobile Application shall be confidential, unless otherwise specified by the Company. You must use the Benefits provided by the Company to you in accordance with the rules established by the Company.
    4. We may supplement, amend these Terms of Use of MELP Mobile Application and other related documents when such changes are required due to technological or regulatory changes, or when changes to the Terms of Use of MELP Mobile Application are required for business reasons. We shall inform you thereof in the MELP Mobile Application. If you do not agree to any changes to the Terms of Use of MELP Mobile Application, you must stop using the MELP Mobile Application and delete the MELP Mobile Application from your devices. If you continue to use the MELP Mobile Application after the changes to the Terms of Use of MELP Mobile Application come into force, we shall assume that you agree to the new version of the Terms of Use of MELP Mobile Application.
    5. In certain cases, such as updating the MELP Platform/MELP Mobile Application or Terms of Use of MELP Mobile Application for security reasons or introducing new MELP Mobile Application features, the updated Terms of Use of MELP Mobile Application may take effect immediately and shall apply to you when using the MELP Mobile Application from the moment the updated Terms of Use of MELP Mobile Application are published. If you do not agree to such changes, you may stop using the MELP Mobile Application at any time.
    6. The law of the Republic of Lithuania shall apply to these Terms of Use of MELP Mobile Application.
    7. You may contact us by telephone +370 619 99994 or by e-mail at info@melp.com.

Version of the Terms of Use: V.F.1.0
Effective date: 01 May 2021