Legal information

Rules of MAXI Loyalty Program

The Present Rules of Loyalty Program (hereinafter – the Rules) define terms and provisions governing the participation of natural person clients in MAXI Electronic Money Loyalty Program which involves the receipt and expenditure of MAXI Electronic Money for the purchase of goods and services from MAXI Program Partners.

1. Definition of Terms

The terms used herein shall be defined as follows:

1.1. «MAXI CARD Activation» - procedure, upon the performance of which the Participant may use MAXI Bonuses accumulated on the respective MAXI CARD to pay for the Goods;

1.2. «Bank» - Public Joint Stock Company “Vseukraіnskyi Aksіonernyi Bank”;

1.3. «MAXI CARD Deactivation» - limitation of MAXI CARD Settlement and/or MAXI CARD Replenishment transactions;

1.4. «MAXI CARD Participation Package» - package containing Participant`s Application Form, MAXI CARD, Agreement on Participation in MAXI Electronic Money System;

1.5. «MAXI CARD» or «Bonus» - set amount of MAXI Electronic Money in hryvnia equivalent issued by the Bank to be used by Participants for the purchase of goods from MAXI Program Partners;

1.6. «MAXI CARD» - a pre-paid card issued by PJSC VAB Bank bearing the logo of MAXI goods and services which is used for MAXI Electronic Money operations (transactions);

1.7. «MAXI POS Terminal» - a device used for authorization and processing of settlement documents on transactions in electronic form and receipt printing;

1.8. «Operator» - Benefit Systems, LLC;

1.9.«MAXI CARD Transaction» - every and all MAXI CARD Replenishment transaction with MAXI Electronic Money and MAXI Electronic Money Settlement transaction by means of MAXI CARD;

1.10. «MAXI Program Partner» - a retail business in the sphere of sales, public catering, consumer service, air transport service, tourism, etc, operating as Vendor under MAXI Participation Agreement with the Operator and Acquiring Agreement with the Bank;

1.11. «PIN code» - code provided to the Participant or set by the Participant which is used for identification of the Participant;

1.12. «MAXI Program» - loyalty program targeted to increase sales volume of MAXI Loyalty Program Partners by means of offering of premium Discount to Customers and allowing them to carry out MAXI CARD Replenishment and Settlement transactions in the outlets of MAXI Program Partners;

1.13. «Premium Discount» - concerted discount by MAXI CARD Program Partners and the Operator for the retail price of Goods which is to be granted to the Participants;

1.14. «MAXI CARD Replenishment» - Participant`s activity related to the replenishment of MAXI CARD with MAXI Bonus to the amount equal to the Premium Discount granted by Partner of MAXI Program to the Participant when selling Goods;

1.15. «MAXI CARD Settlement» - Participant`s activity related to the settlement procedure by means of MAXI CARD, MAXI Bonus for the goods purchased by the Participant from MAXI Program Partners;

1.16. «Goods» - every and all goods and services offered by Partners of MAXI Program to the Participants with the price exceeding 1(one) hryvnia;

1.17. «Outlet» - any commercial premises, place of service rendering or sale of goods, customer service center (depending on business activity of the Program Partner), where the Vendor directly communicates with the customers (including the Participants);

1.18. «Participant» - legal person compliant with the requirements under the present Rules who is a MAXI CARD user;

1.19. «Call Center» - an appliance system enabling the reception and service of calls from the Participants on Loyalty Program issues.

2. General Provisions

2.1. The Operator launches MAXI Program Partner network where the participants can accumulate MAXI Bonuses when purchasing Goods (by MAXI CARD Replenishment) and spend MAXI Bonuses (by MAXI CARD Settlement).

2.2. MAXI CARD is accepted solely by MAXI POS terminals. The Participants cannot use MAXI CARD to carry out any other transactions with MAXI Bonuses outside MAXI Program Partner network.

2.3. MAXI CARD Replenishment transaction is a separate transaction irrespective of MAXI Program Partner transaction on the sale of Goods.

2.4. The Participants shall not exchange MAXI Bonuses for money funds apart from presenting them for repayment in the event stipulated by clause 3.7 hereunder.

2.5. The Operator and Bank shall not be liable for the delivery, storage and quality of the Goods (their completeness of set, accordance, etc.) purchased by the Participant from MAXI Program Partner.

2.6. Terms of participation in MAXI Programe defined in the outlets.

3. Participants of MAXI Program

3.1. Any natural person may become MAXI Program Participant provided that the afore person:

• is 14 (fourteen) years old and above;
• has Ukrainian domicile or mail address;
• is the user of MAXI Electronic Money pursuant to the corresponding Agreement on participation in MAXI Electronic Money System, concluded with the Bank.

3.2. Any natural person who is compliant with the requirements of clause 3 hereunder and uses MAXI CARD to accumulate bonuses shall be deemed MAXI Program Participant, having implicitly agreed with and accepted the present Rules.

3.3. The Participant is entitled to terminate the participation in MAXI Program any time by filling in an application of termination of MAXI Program participation and submitting such application to the Bank. The participation in MAXI Program shall be terminated after 15 (fifteen) calendar days upon the submission of application regarding MAXI Program termination to the Bank.

3.4. The Operator shall notify the Participant on termination of MAXI Program participation of the latter by sending a corresponding text message.

3.5. The Operator is entitled to terminate the participation of MAXI Program Participant any time by taking a decision to terminate the Program on the whole, sending a notification in writing to the mail address or electronic mailbox of Program Participant provided that the address was indicated by the Participant when filling in the Participant Application, or making the respective information available on MAXI Program web site (www.maxicard.ua) and in MAXI Program Partner outlets.
3.6. In the event of decision making on Program termination by the Operator and Bank, any unused MAXI Bonuses of the Participant are subject to repayment in the order set forth by clause 3.7 hereunder; commission on MAXI Bonus repayment by monetary funds shall not be charged.

3.7. In the event of termination of participation of Maxi Program Participant the funds equaling the amount of unused MAXI Bonuses available on MAXI CARD are subject to reimbursement to the Participant. The Participant shall be present in the branch of the Bank in person and provide Bank employee with the passport, TIN and enter the PIN code to be reimbursed. Monetary funds in the amount of MAXI Bonuses net of commission are transferred to the Participant`s current account. In the event such termination is on Participant`s initiative, reimbursement is made net of commission defined by Rules of MAXI Electronic Money.

4. MAXI CARD Activation and Deactivation

4.1. The Operator shall Activate the Participant`s MAXI CARD in the cases as follows:

• possession of MAXI CARD by the Participant received in compliance with applicable law of Ukraine;
• receipt of authorization code by the Operator in the form of text message to the short number 6070, which is indicated on MAXI POS terminal receipt supporting the purchase of Goods from MAXI Program Partners by the Participant;
• submission of a duly filled and signed Participant application form by the Participant to any Partner of MAXI Program;
• conduct of MAXI CARD transaction (successful completion of authorization) when purchasing goods in the network of MAXI Program Partners or MAXI CARD activation by means of MAXI POS terminal without the purchase of goods.

4.2. The Operator shall notify the Participant on MAXI CARD activation by sending a corresponding text message. If the Participant fails to receive the text message from the Operator within 7 (seven) business days upon the submission of a duly filled and signed Application Form to MAXI Program Partner, the Participant should contact the Call Center by the phone number indicated on MAXI CARD.

4.3. The Operator shall fully Deactivate the Participant`s MAXI CARD in the cases as follows:

• receipt of application on termination of MAXI Program participation from the Participant;
• MAXI CARD expiry;
• replacement of the lost, damaged or stolen Participant`s MAXI CARD with a new MAXI CARD;
• fraud transactions.

The Operator shall notify the Participant on the full MAXI CARD Deactivation by sending the Participant a corresponding text message.

4.4. The Operator shall partially Deactivate the Participant`s MAXI CARD (MAXI CARD Settlement function only is being deactivated) in the cases as follows:

• receipt of confirmation from the Participant regarding the damage, loss or theft of MAXI CARD;
• the messages sent by the Operator to the Participant are not delivered and are being returned throughout 4 (four) successive calendar months;
• the Operator possesses evidence that MAXI CARD is used by way of fraud transactions.

The Operator shall notify the Participant on partial MAXI CARD deactivation by sending a corresponding text message (in the event of successful MAXI CARD Activation) or by printing related information on MAXI POS terminal receipt.

Partial MAXI CARD Deactivation can be revoked by the Operator provided that the circumstances which lead to partial deactivation of MAXI CARD have been eliminated.

5. Accumulation of «MAXI Bonuses»

5.1. The Participant accumulates MAXI Bonuses when purchasing Goods with cash/noncash funds in MAXI Program Partner outlets using MAXI CARD. The amount of MAXI Bonuses which can be accumulated by the Customer is set by the amount of Premium Discount provided to the Participant by MAXI Program Partner during the sale of corresponding Goods. The Participant can learn the amount of Premium Discount offered by MAXI Program Partners from the information materials available in MAXI Program outlets and on MAXI Program web site (www.maxicard.ua).

5.2. The maximum amount of MAXI Bonuses to be accumulated by the Participant per one MAXI CARD constitutes 5 000 (five thousand) hryvnias.

5.3. MAXI Bonuses accumulated by the Participant may be used solely to pay for the Goods purchased in MAXI Program Partner outlets starting from the following calendar day after the Replenishment of MAXI CARD with the corresponding amount of MAXI Bonuses.

5.4. The Participant can check the amount of accumulated MAXI Bonuses on MAXI CARD by means of MAXI POS terminal receipts, contacting the Operator Call Center by the phone indicated on MAXI CARD, or text message.

6. Use of «MAXI Bonuses»

6.1 The Participant can use MAXI Bonuses solely to pay for the Goods purchased in MAXI Program Partner outlets.

6.2 The Participant can use the accumulated MAXI Bonuses to pay for the Goods purchased in MAXI Program Partner outlets solely upon MAXI CARD activation.

6.3 The Participant is to enter the PIN code when paying for the Goods with MAXI Bonuses.

7. Return of Goods.

7.1. The Participant is entitled to return the Goods purchased from MAXI Program Partner with MAXI Bonuses in the events and under the terms stipulated by applicable law of Ukraine. MAXI Program Partner shall transfer MAXI Bonuses paid by the Participant to MAXI CARD on condition that the Participant provides the MAXI CARD used by the Participant for the purchase of the corresponding Goods.

7.2. In the event of return of Goods by the Participant purchased from MAXI Program Partner MAXI Bonuses accumulated by the Participant due to such purchase shall remain the property of the Participant. Thereby, when returning Goods the Participant receives solely the amount of funds paid for the product the same way such payment was effected (by cash, payment card, etc.)

8. Replacement of MAXI CARD

8.1. Participant may replace MAXI CARD in the event of its damage, loss, theft or expiry provided that MAXI CARD Activation procedure defined in Section 4 was completed.

8.2. In case of damage, loss or theft of MAXI CARD the Participant shall promptly report the event to Operator`s Call Center.

8.3. The Operator shall notify the Participant about the corresponding expiry date of MAXI CARD via text message by one calendar month before the expiry of the corresponding MAXI CARD.

8.4. To receive MAXI CARD in the form of replacement of a damaged, lost, stolen or expired MAXI CARD the Participant shall apply to the Bank or a Partner of MAXI CARD Loyalty Program for the receipt of MAXI CARD Participation Package (MAXI CARD Participation Package is free in case of replacement of expired MAXI CARD). Activation of MAXI CARD issued to the Participant as a replacement of a damaged, lost, stolen or expired MAXI CARD is performed by order set forth in Section 4 herein.

8.5. MAXI Bonuses accumulated on MAXI CARD, which was damaged, lost, stolen or expired shall be credited to the MAXI CARD issued (replaced) to the Participant from the moment of its activation pursuant to the procedure set forth by Section 4 of the present Rules.

9. Use of Data

9.1. The Participant expressly agrees that the Operator is entitled to collect, register, accumulate, store, adapt, amend, update, use and distribute, impersonalize, destroy information on the Participants throughout MAXI Program functioning. Such data shall contain the information provided in Participant`s Application Form, information on the use of MAXI CARD by the Participant, records of purchases made by the Participant in the network of MAXI Program Partners along with other information provided by the Participant to the Operator.

9.2. The Participant expressly agrees that the Operator is entitled to provide information on the Participants to third parties, including the transfer of information on the Participants to the data base and the transfer of such to third parties. In concurrence with this the Participant agrees that the Operator has the right to update information on the Participants from different sources and process such information by different means listed in clause 9.1 herein, as well as to distribute information on groups of Participants to assess consumer behaviour and improve customer service of the Participants from corresponding groups.

9.3. The Operator is entitled to provide information on the Participants to the Bank as well as any Partner of MAXI Program on condition that the Participant received MAXI CARD through such MAXI Program Partner and that the Participant carried out at least one purchase from such Partner of MAXI Program using MAXI CARD. The list of Partners of MAXI  Program is available on the web site www.maxicard.ua.

The Operator, Bank and Partners of MAXI Program have the right to use the received information on the Participants to analyze patterns of MAXI CARD use by the Participants and their consumer behaviour. The Operator, Bank and Partners of MAXI Program may use the received information to create and distribute special offers and other information on offers and Goods deemed to be of interest to the Participants.

10. Miscellaneous

10.1. The Participant is liable for the payment of all taxes, fees and other obligatory payments collected from MAXI Bonuses accumulated on MAXI CARD in compliance with applicable law of Ukraine.

10.2. All messages of the Participant in relation to MAXI Program are sent through Operator and Operator`s Call Center, the phone number of which is indicated on MAXI CARD.

10.3. The Operator and Bank are entitled to unilaterally amend and update the present Rules of MAXI Loyalty Program by publishing such amendments and updates by no later than 1 (one) week before coming into effect on the web site www.maxicard.ua.

10.4. In the event of non-acceptance of such amendments/updates to the Rules by the Participant, he/she has the right to terminate the participation in the Program in the order defined by the present Rules.

10.5. Amendments to the Rules of MAXI Electronic Money used in MAXI Loyalty Program shall be introduced by the Bank and come into force upon the approval of such by the National Bank of Ukraine.

10.6. The present Rules are governed and interpreted in compliance with applicable law of Ukraine.

10.7. Any disputes arising with respect to the present Rules are subject to settlement by negotiations between the Parties. If a corresponding dispute is not to be resolved by negotiations, it shall be settled in an action of law by rules of judicial and administrative jurisdiction over such dispute and in compliance with applicable law of Ukraine.

10.8. Positive balance interest shall not be accrued on MAXI Bonuses credited to MAXI CARD.

10.9. The Participant commits the Bank to make direct debit payments of corresponding amounts of MAXI Bonuses from the Participant`s balance in payment for Operator services on Administration of MAXI CARD Transactions.

Rates of MAXI Loyalty Program

The rates are effective as of 7 October 2010. Should the applicable rates be amended, the Operator shall notify the Participants by making public the corresponding information on the Operator`s web site www.maxicard.ua.

[1]: Additional fee is charged to the Pension Fund in the amount of 7.5% of the cost of service excluding VAT.