Hereby CrowdSystems Holding LTD, Themistokli Dervi,48, 1066, Nicosia, Cyprus (info@topmission.net), hereinafter together referred to as the ‘Company’, on the one part, and an individual, hereinafter referred to as the ‘User’, who accepted this User Agreement posted on the Internet at topmission.ru , as well as in TopMission Mobile Applications, which is available on the TopMission website at: topmission.ru and is regarded as an offer in accordance with Art. 437, Clause 2 of the Civil Code of the Russian Federation, have entered into this User Agreement (the ‘Agreement’) as follows:
For the purposes of this Agreement, the following terms shall have the respective meanings set forth below:
Company’s Website/Website — shall mean a website owned by the Company and having an Internet address topmission.ru
User — shall mean an individual who has attained the age of eighteen, having full legal capacity, and who has accepted this Agreement in accordance with its terms and conditions.
Assignment/Quest — shall mean services provided by the User on behalf of the Company in the manner and on the terms set forth in this Agreement.
Mobile Applications — shall mean iPhone and Android software owned by the Company designed to operate on smart phones, tablet computers and other mobile devices to perform specific functions.
Personal Account — hall mean User’s personal information space on the Company’s Website and / or in the Mobile Applications. Access to the Personal Account shall be provided to the User after successful completion of the registration procedure on the Company’s Website and in the Mobile Applications.
Rating — shall mean User’s conventional position among other Users in view of the respective indicators within a certain period or without such, which is determined automatically by the appropriate Company’s software.
2.1. The Company offers its services to the User in accordance with the terms and conditions hereof.
2.2. This Agreement shall be considered executed from the moment the User takes the following implicative actions: completing the relevant registration form available in the Mobile Applications or on the Website at www.topmission.ru and full / unconditional acceptance of the terms and conditions of this Agreement by clicking on “Register” in the registration form.
2.3. As from the effective date of this Agreement, the Parties shall accept the rights and obligations specified herein.
3.1. The Company offers the User to perform certain action(s) for fee in accordance with the specific Assignments, description of which the User receives through the Mobile Applications available for download and installation on the User’s mobile devices on the Company’s Website after completion of the registration procedure in the manner set forth herein.
3.2. The essence of the Assignment, the order of fulfillment of the respective Assignment, deadlines, the amount of fee for the proper performance of the Assignment, as well as other essential conditions depend on the type of the Assignment and are specified in the description of a specific Assignment.
3.3. The User shall independently decide on the performance of one or another Assignment. Upon receipt of the Assignment, the User shall confirm his consent to fulfill the Assignment, as well as consent to the conditions of its fulfillment specified in Clause 3.2. hereof by clicking on “Reserve”, which is on the same page of the Mobile Applications as the AssignmeEach User is assigned an appropriate Rating, which increases in the course of fulfillment of Assignments and decreases in case of expiration, cancelation or improper fulfillment of the Assignment.
4.1. User's Rights and Obligations
4.1.1. User registration on the Website or Mobile Applications is free and voluntary.
4.1.2. When completing the registration form on the Website or Mobile Application, the User shall provide the necessary reliable and relevant information including User’s unique login and password.
4.1.3. The User shall be liable for accuracy, relevance and completeness of the information submitted during the registration and shall ensure that the said information is free from third parties’ claims.
4.1.4.Login and password selected by the User shall be necessary and sufficient information for the User’s access to its Personal Account. The User shall not be entitled to deliver its login and password to third parties and shall be fully liable for the safety thereof, deciding how to store them on its own discretion.
4.1.5. Data automatically transmitted to the Website services during the Website use through software installed on the User’s device (information from cookies) shall be used by the Company with a view of the Website performance assessment only. This data does not refer to personal data, however, the Company, in any case, guarantees protection of such data from being used for unlawful purposes.
If, for whatever reasons, the User believes that the use of cookies technology is unacceptable for him, he shall be entitled to prohibit saving of cookies on the computer he uses to access the Website, by setting the browser accordingly. It should be borne in mind that, despite the fact that the usability of the Website will not be affected in general, some services using this technology may be unavailable.
4.1.6. Any action performed via the User’s login and password shall be considered performed by the respective User, unless the contrary proved by the User. In the event of unauthorized access to the User’s login and password and / or personal page, or disclosure of the login and password, the User shall notify the Company immediately by sending an email to support@topmission.ru.
4.1.7. By accepting this Agreement, the User agrees to receive Assignments through the Mobile Applications of the Company, as well as other information / advertising via the e-mail specified by the User at the time of registration, via Push-notifications, and via messages in the Mobile Applications.
If the User does not wish to receive information specified in this Clause, he shall request cancellation of provision of information by sending an email to support@topmission.ru.
4.1.8. Before making a decision to perform a respective Assignment, the User agrees to read the essential terms and conditions of this Assignment carefully. In case of any questions regarding a particular Assignment, the User may request the Company to clarify information by sending an email to support@topmission.ru. In case the Assignment performed by the User does not comply with the requirements specified in the description of such Assignment, the Company will consider the results of the performed Assignment inappropriate, whereof the Company shall notify the User through the Mobile Applications. If the Company so decides, the User may be requested to rectify inadequate results of the Assignment, and in the event of significant deviations from the stated requirements, the Assignment will be given to another User.
4.1.9. When performing Assignments, the User should not:
4.1.10. The Company shall not be liable to Users or other third parties for the User’s actions / omissions in the course of the Assignment performance. Should any claims be lodged against the User by third parties or government authorities, the User shall settle the dispute by its own efforts and expenses.
4.1.11. The User shall transfer to the Company all the exclusive rights to use the results of the performed Assignments. The amount of the User’s remuneration for alienation of the exclusive rights specified herein shall be included in the User’s fee specified in the Assignment description.
4.1.12. The User may not repeat, copy or use for commercial purposes the results of the performed Assignment, in whole or in part, unless permitted by the Company.
4.2. Company’s Rights and Obligations
4.2.1. The Company shall be entitled to modify and / or amend the terms and conditions of this Agreement in accordance with the procedure set forth in Clause 9.1. hereof.
4.2.2. Should the User be in breach of the terms and conditions of this Agreement, the Company may, at its sole discretion, block access to the Website / Personal Account and / or Mobile Applications for the said User, as well as delete his registration data, with or without prior notice to the User.
4.2.3. The Company shall be entitled to contact Users by the contact information provided by them and advise the latter on fulfillment of the Assignment / confirmation / payment, etc.
4.2.4. The Company shall pay remuneration to the User for properly performed Assignment timely and in full.
4.2.5. The Company may terminate this Agreement and delete User’s registration data if the User fulfills no one Assignment within six (6) months from the date of this Agreement.
4.2.6. Upon termination of this Agreement and deletion of User’s registration data, the Company shall delete Personal Data of the User.
4.2.7. If the User violates the terms and conditions of this Agreement repeatedly, the Company may, at its discretion, refuse such User’s use of the Company’s service.
5.1. The Company shall pay to the User a fee for each properly performed Assignment. The amount of such fee shall depend on a specific Assignment and shall be specified in the description of the Assignment, which the User shall receive through the Company’s Mobile Applications.
5.2. The Company’s obligation to pay a fee to the User in accordance with Clause 5.1. hereof shall arise from the moment the results of the performed Assignment are accepted.
5.3. The methods and manner of payment shall be available on the Company’s Website at: topmission.ru/faq .
5.4. Fee payment period depends on the payment method chosen by the User, but may not exceed twenty one (21) full calendar days from the date of such withdrawl confirmation. National holidays will extend this period accordingly.
5.5. The User shall independently calculate, withhold from the fee and pay personal income tax in the established amount.
5.6. In case of delayed payment of the fee through the Company’s fault, the User shall be entitled to require the Company to pay a penalty of 0.1% (zero point one per cent) of the amount owed. The request to pay a penalty should be sent by the User no later than fourteen (14) full calendar days after transfer of the delayed payment.
5.7. The User shall get familiarized with the methods of payment of fee for the performed Assignment made available at the Company’s Website at topmission.ru/faq and shall choose the most convenient method of payment.
6.1. By accepting the terms and conditions of this Agreement, the User consents to the processing of his personal data and agrees with the Personal Data Protection Policy of the Company, available on the Website at: topmission.ru/personal_records_policy .
6.2. Delivering his personal data hereunder to the Company, as well as in connection with the fulfillment of the Assignment, the User consents to the processing thereof with or without automation means and, in particular, collection, storage, disclosure to third parties and use of information by the Company in order to fulfill its obligations towards the User in accordance with this Agreement. While processing such personal data, the Company shall take all organizational and technical measures to protect the personal data from unauthorized third party access.
Transfer of User’s personal data to third parties in accordance with this Clause shall mean transfer to third parties of the following information about the User: gender, age and location (city); personal data shall be transferred in anonymous form, i.e. in the form precluding the possibility of determining affiliation of personal data to the User.
6.3. If the User disagrees with the above terms and conditions, he must remove his personal data from the Company’s Website immediately and stop using the Website services.
6.4. The Company shall process personal data voluntarily posted by the User on the Website or in the Mobile Applications using software and hardware of the Website or the Mobile Applications. The Company shall process personal data with a view of fulfilling this Agreement, enabling the User to use the services and functionality of the Website and Mobile Applications. User’s personal data shall be processed during the period of placement thereof on the Website or in the Mobile Applications. The Company shall cease to process personal data from the time they are removed by the User from the Company’s Website or Mobile Applications.
6.5. The Company shall not be responsible for the storage and maintenance of personal data published by Users in the spaces of the Website or the Mobile Applications open for other Uses.
7.1. All objects of intellectual property rights posted on the Website and in the Mobile Applications, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects and selection thereof (hereinafter - the Website Content) shall be items covered by exclusive rights of the Company, all rights to these objects are reserved.
7.2. Except as set forth in this Agreement, no Content may be copied (reproduced), processed, distributed, displayed in a frame, published, downloaded, transferred, sold or otherwise used, in whole or in part, without prior permission of its owner, unless the owner explicitly expressed its consent to the free use of the Content by any person.
7.3. The User may not repeat, copy or use for commercial purposes the results of the performed Assignment, in whole or in part, unless permitted by the Company.
8.1. Any User’s claims arising in connection with the performance of this Agreement shall be lodged against the Company through the Company’s e-mail address: support@topmission.ru.
8.2. The Company shall send a reasoned response to the corresponding claim to the User’s email address within ten (10) business days from the date it receives a message in accordance with Clause 8.1.
8.3. The Company shall not consider anonymous claims or claims that do not allow identifying the User based on the data provided by him upon registration.
8.4. The parties shall resolve all disputes hereunder through negotiations.
8.5. Should no agreement be reached through negotiations, all disputes, controversies or claims arising out of or in connection with this Agreement, including those relating to performance, breach, termination or invalidity thereof, shall be settled in the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation in accordance with its Rules.
8.6. This Agreement is drawn up and will be performed by the Parties in accordance with the legislation of the Russian Federation.
9.1. The Company shall be entitled to modify and / or amend the terms and conditions of this Agreement unilaterally without any special notice to the User. This Agreement shall be open and public document. An effective Agreement version shall be posted on the Company’s Website at topmission.ru. The Company recommends that Users regularly check the Website to view the then-current terms and conditions of the Agreement. Continued use of the services of the Website or Mobile Applications by the User after amendments and / or additions are made to this Agreement shall constitute unconditional and complete acceptance of or consent to such amendments / additions.
If the User refuses to accept amendments or additions to this Agreement, he shall immediately delete his registration data on the Company’s Website and terminate this Agreement by sending a respective request to the Company’s email address support@topmission.ru.
9.2. All claims, requests, questions, any other correspondence shall be sent to the Company by e-mail support@topmission.ru. The Company shall send messages to the User to the e-mail address specified by the latter at the time of registration.
9.3. This Agreement is a binding agreement between the User and the Company and regulates the use of the Company’s services by Users.
9.4. Company’s waiver in case of User’s breach of the terms and conditions hereof shall not deprive the Company of the right to take appropriate actions to protect its interests later.
9.5. The Company may carry out preventive work in the software and hardware with a temporary suspension of operation of the Company’s Website / Mobile Applications, notifying Users thereof one day before the start of the work and specifying its end date by posting respective information on the Website.
9.6. In case of force majeure, as well as accidents or failures in the software and hardware for reasons beyond the Company’s control, or due to actions of third parties aimed at suspension or termination of operation of the Company’s Website / Mobile Applications, the services may be suspended without prior notice to Users.