Terms and Conditions
These Terms and Conditions (“Rules”) regulate the rights, obligations and relations between “Workplace Interiors LLC” (“The Company”), a legal entity established under the laws of the Republic of Azerbaijan with TIN (Tax Identification Number) 1700942011, and the Member, for online payment for the use of the Services under the “COLAB. Membership Agreement” (“Membership Agreement”).
In addition to and without prejudice to the terms and conditions set out in these Terms and Conditions, the Member shall also comply with any other guidelines, terms and conditions that may be made available to him/her from time to time by the Company (as shown below) in connection with obtaining and using the Services.
1. DESCRIPTION
1.1. In the content of these Terms and Conditions, unless otherwise specified, definitions given below have the following meanings:
“Electronic Tools”
Computers, smartphones, smart televisions, kiosk and any other technological means that can be used to make “online” payments;
“Authority”
State power and administrative bodies, enterprises, judicial authorities and organizations of the Azerbaijan Republic, as well as their administrative-territorial or local units;
“Services”
Services provided by the Company to its Member based on Membership Agreement;
“Company Site”
www.colab.az: the official website of the company on the Internet global computer network;
“Member”
The entity using the Services under the Membership Agreement;
“Membership fee”
The amount to be paid to the Company for the Services provided in accordance with the Membership Agreement;
“Membership Portal”
An online portal (www.customer.colab.az), which can be used through the website of the company or its mobile application to monitor the membership package and perform a number of membership transactions based on the Membership Agreement.
2. GENERAL PROVISIONS
2.1. These Rules are drawn up on the basis and reference of the Membership Agreement. In the occasion of any discrepancy or contradiction between the Membership Agreement and these Rules, the priority shall be given to the Membership Agreement. According to the Membership Agreement, the relations in connection with provision of Services by the Company are regulated by the Membership Agreement.
2.2. Membership Fees can be paid through the Electronic Tools through the Membership Portal and/or the mobile application.
2.3. The company reserves the right to use theinformation, writings and other documentations used for payment of membership fees in accordance with these Rules, as a proof at a court, and state, public or private institutions
3. MEMBERSHIP FEE
3.1. Unless otherwise considered in the Membership Agreement, Membership Fee must be paid in full amount prior to the date of membership starts (in advance).
3.2. Membership fee is refunded within 5 (five) working days, if membership has been canceled within 48 hours after the Membership Fee has been paid, and if the Membership Period has not started yet.
3.3. Once the Membership fee is paid and the company receives the payout, a confirmation information is sent to the Member by the Company via either an e-mail or a notification through Membership Portal, according to the Company’s choice.
3.4. All the online payments related to the Membership must be made using one of the following plastic cards: Visa, Visa Electron, MasterCard, Maestro.
4. SAFETY RULES
4.1. After registering at the Membership Portal, the Member should always keep the username and password confidential, and should not disclose it to others. If a Member suspects that his or her username, password (s) is known to others, the Member should immediately notify the Company and change the password immediately. Membership passwords should be unique and must not be easily identified, supposed or achieved by others.
4.2. The security of the Membership information in the Membership Portal depends on the Member’s compliance with the safety rules. The member is responsible for maintaining the security of information belonging to him/her. The Member agrees that he/she takes the all necessary actions to ensure that no confidential information is disclosed to anyone during the payment of Membership fee(s). These also include: others should not see the screen or keyboard of the Member’s computer, and should not hear the member’s relevant calls and (or) conversations.
4.3. The Member is obliged to comply with any additional security requirements that the Company may require in relation with the payment of Membership fee(s).
5. LIABILITY AND RIGHTS OF PARTIES
5.1. The company has the following rights:
5.1.1. In accordance with the “Law on Personal Data” of the Azerbaijan Republic processing personal data of the Members and involving third parties to process personal data, in relation to the purposes of the this Law.
5.1.2. Immediately terminating the Rules or suspending their forces temporarily, by informing the Member in advance. The Company is not liable to the Member for any loss or damage that may arise as a result of termination or suspension of the Rules, as well as impossibility of using the Services;
5.1.3. Deleting amount(s) of Membership fee(s) from Member’s bank account.
5.1.4. Blocking the online payment of the membership fee(s) without prior notice, in the following cases:
a) In case of the violation of the provisions of the Rules by the Member, and until the elimination of the violations and their consequences by the Member;
b) In case of technical malfunctions in the membership portal, and until the elimination of them and their complications;
c) In the period of techical service and (or) changes of the device and (or) software used in the Membership Portal of the Company.
d) In case of the violation of the privacy of the Membership Portal, and until the elimination of the infringement and its consequences;
e) In case of a doubt that whoever has an access and (or) uses the Membership Portal who is not a Member or an authorized representative of a Member, and until the matter is clarified;
including that, the Company is not liable to the Member for any loss or damages arising out of the impossibility of using the Services.
6. RESPONSIBILITY OF THE PARTIES
6.1. The Parties are liable in accordance with the Applied Legislation to fulfill or not fulfill their obligations under the Rules.
6.2. The Company is solely responsible for the loss or damage caused to the Member as a result of its (Company’s) intended actions. However the Company is not liable for any indirect damages or losses, including any lost income or profit.
6.3. The Company does not carry any liability for the following:
6.3.1. For delays in payment of Membership fee(s) due to reasons not depending on the Company, and consequently for delays of the Member’s right to use the Services;
6.3.2. For any problems or impediments caused by improper installation of any parameters by the Member associated with the Membership Portal and/or Membership fee payments, or the problems that arise due to failure of the security systems of the computer or communication equipment used by Member (system interruptions, etc.);
6.3.3. For the quality of services provided by organizations and operators providing access to the Internet, as well as for theft, damage or loss of the Member’s confidential information as a result of the use of damaging software in the equipment used by the Member, or for any consequential consequences;
6.3.4. For the reasons caused by the specifications of equipment used by the Member that can cause impossibility of payment of the membership fee(s);
6.3.5. For protecting confidentiality of information, disclosed to any unauthorized employee, as well as any damages that may result from the failure of the Member to comply with the requirements for the protection of such information and confidentiality;
6.3.6. For unauthorized access and use of the Membership Portal (provided by the Company) by third parties as the result of a member’s biased, indifferent or indecisive actions (inaction), as well as the consequences of such unauthorized access or use;
6.3.7. For damages that may arise out of insufficient and inaccurate information provided by the Member to the Company through the written, verbal, internet and (or) electronic systems;
6.3.8. For compiling the executed transactions according to the Applied Legislation, approving the transactions properly using the security tools, as well as for the accuracy and completeness of the information included in the Membership Portal by the Member.
7. Force-majeure
7.1. The Company is exempt from all liabilities for any damages or loss that may arise during the period of partially or completely postponement or impossibility of the online payment because of inevitable conditions that can appear due to incidents that no parties can predict or have the power to prevent with any type of actions.
7.2. Instances of force majeure include cases where the Parties are unable to influence them and are not responsible for their occurrence, such as earthquakes, floods, fires, strikes, decisions of authorities, military operations, terrorist acts, including interruptions in the work of Internet and (or) mobile phones.
8. APPLIED LEGISLATION. DİSPUTE RESOLUTION PROCEDURE
8.1. All other matters not defined by the Rules shall be governed by the legislation of the Azerbaijan Republic.
8.2. Any dispute arising out of or relating to the Rules shall be settled by negotiation between the Parties.
8.3. If the dispute can not be resolved by negotiation within 30 (thirty) days after written notification, the dispute between the Parties shall be settled in the relevant courts of the Azerbaijan Republic.
9. LANGUAGE OF RULES
9.1. These Rules are drawn up in Azerbaijani, English and Russian languages. In the case of discrepancy between contents in different languages, the content in the Azerbaijani language is preferred.
10. OTHER CONDITIONS
10.1. If any or a number of the provisions of the Rules are invalid or unenforceable or can not be performed for any reason, this does not effect to the legitimacy and legal force of other provisions of the Rules in any way.
You may personally submit your complaint and suggestions regarding online payment of the membership fees to the Support Team at the Company’s address at Neftchilar Avenue 151, or through a request to e-mail welcome@colab.az or call +99450 2780072.