Public Tender Offer

Date of publication: 07 july 2015

  • General Terms
    • The administration grants the right to use the website https://clumus.com/en/ (Service) on contractual terms (Agreement), signed in accordance with this tender offer (Tender offer).
    • This tender offer is addressed to those parties who have accepted it (Users):
      • natural persons (Travelers) intending to purchase touristic or other commercial services (Tours) or donate money to implement non-profit projects (Projects);
      • sole proprietors and legal entities, who intend to sell Tours, as well as either natural persons or legal entities who intend to accept donations for Project implementation (Organizers).
    • The Agreement is considered in effect for an undetermined time period at the moment the Tender Offer is accepted, when the user registers and receives a personal account on the website.
    • The Administration has the right to alter the Agreement and Tender Offer. New terms for the agreement will be considered in effect three days after the publication of a new edition of the Tender Offer. The current version of the Tender Offer is available at https://clumus.com/en/terms/. Information about the Tender Offer update is published at https://clumus.com/en/info#news.
    • The User has the right to use the Service “as is,” without any evident or implicit guarantee of quality and availability, for any purpose that can be provided by his/her web-interface, anywhere in the world.
    • The User has the right to refuse the Service and prevent access to the Service indefinitely by using the appropriate option.
    • The specifics of using the Service are published in the “FAQ” section at https://clumus.com/en/faq-travelers/ and https://clumus.com/en/faq-organizers/. The terms that are used in any given section or notification by the Service are not legally valid and are recognized as synonyms in relation to the terms provided by the Tender Offer.
  • Fundamental and Essential Terms
    • The Organizers publish complete and valid information about a Tour or a Project which has tender power, including the following:
      • information about the package deal and the terms of implementation within a Tour or a Project, including the duration and dates of the trip, details about transfers, room and board, a list of sightseeing, tours and other activities, as well as the final price, which includes all taxes and fees;
      • information about the terms of promotional events (Raffles), rewards for winning a Raffle (Lot), as well as information about the number of reserved spots for the Travelers;
      • information about a Tour, Raffle, or Project must be published exclusively in the languages in which the services and Traveler support will be rendered afterwards;
      • contact information;
      • other information necessary to the User to exercise their inherent right to a conscious and free choice.
    • The Organizer can change information about a tour at any time. Information about a project can only be changed by the Administration via a personal and motivated request from the Organizer. Any changes are not retroactive.
    • The Traveler has the right, using the Service interface, as needed:
      • to pay for a Tour;
      • to make a donation to a Project;
      • to participate in a Raffle;
      • to use other features of the Service in accordance with the Agreement.
    • The Traveler takes part in the Raffle, having paid for extended Service features, which is determined by rating points. The rating points are calculated on a basis of “1 point = 1 dollar (USD) for every paid contribution”.
    • The rating points are not a form of payment, cannot be gifted, and cannot be donated or transferred to a private bank account or other credit institution.
    • The Traveler has the right to participate in the process of determining the winner (Personal contribution), but has no such right through (Sponsor contribution).
    • The Traveller has the right to pay for not more than one Personal contribution for every Raffle.
    • Having paid the Personal contribution, the Traveler publishes this information on social networks, offered through the Service web-interface. Deletion of the publication confirms the Traveler’s refusal to participate in the Raffle.
    • The Raffle runs until enough contributions have been made to cover the price of the Lot.
    • The Raffle ends with the choosing of a winner (Winner) among the Travelers who made a personal contribution and who, at the time the Raffle closes, meet the following criteria, in order of importance:
      • the traveler with the most rating points;
      • the traveler who made the first Personal contribution to the Raffle.
    • The Organizer rewards the Winner with a gift, the right to implement the Lot.
    • The Winner does not have the right to relegate the Lot to a third party.
    • After completion of the Raffle, the Winner’s balance of rating points is zeroed out, while the rating points balance of other Raffle participants rolls over to other Raffles.
    • Within 24 hours, the Winner confirms the right to implement the Lot and provides the Service with documents that prove his/her identity; and within 72 hours, through personal correspondence with the Organizer, confirms the date the Lot is implemented. Violation of the terms of this clause confirms the refusal of the Winner to participate in the Raffle.
    • If the Traveler who won the Raffle refuses to implement the Lot and uses the option in the form of an electronic voucher, the process of choosing a Winner is repeated while the balance of his/her rating points remains unchanged.
    • The Traveler who paid for the Tour or won the Raffle signs an agreement with the Organizer on the terms of the offer, which is confirmed by an electronic voucher (Voucher).
    • The Traveler has the right to use the voucher to receive the according services, when available, at the link in the section “My purchases” for Travelers and “Sales” for Organizers.
    • The Traveler who paid for a Tour or a Lot has the right for a refund to his/her personal account through the Service under the following circumstances, unless specified otherwise in the terms of the Tour:
      • if the Raffle hasn’t taken place due to a lack of Users, or due to the expiration of the Raffle, the Traveler’s personal account with the Service is fully refunded, and his/her rating points go down to the amount they were prior to the Raffle;
      • if the Organizer cancels the Raffle or Project that was not paid for in full by the Travelers, the Travelers are fully reimbursed;
      • if the Organizer refuses to implement the Tour or the Lot because of an insurmountable language barrier with the Traveler, 15% is subtracted from the refund.
    • A refund for the Travelers is possible until the Administration fulfills its obligations to transfer funds to the Organizers in accordance with the agreement. Otherwise, all disputes and disagreements are settled between Travelers and Organizers directly.
  • Terms of Payment
    • The Travelers make payments through an integral Service feature: their personal accounts.
    • The Travelers have the right to top up their personal account balance to any amount more than $15 (USD), equivalent in value to the payment currency, in order to be able to use every feature of the Service.
    • Topping up or refunding a personal account balance and refunds under the circumstances of the contract are done through the deduction of funds from a bankcard, bank account, or electronic wallet in the manner specified by the nonbank credit institution, a limited liability company “moneta.ru” (Payment Service Provider), http://moneta.ru/info/d/ru/public/users/nko-documents.htm.
    • The transfer of the Traveler’s funds from a personal account in the Service is done exclusively to the personal account of the Payment service provider, with 7% of the payment amount withheld for the reimbursement of expenses incurred by the Administration.
    • The Administration retains payments for the right to use the Service:
      • 15% from the cost of implemented Tours;
      • 15% from the cost of implemented Raffles.
      • 7% from the sum of successfully funded Projects.
    • The Administration transfers to the Organizer the cost of the Tour, Raffle or Project minus personal compensation use of the Service:
      • within 7 days before the date of implementation for the Tour if the Organizer a legal tour operator company with licences;
      • within 5 days from the start of the of the Tour or Raffle implementation, provided he has confirmed the status of his organization with certifying documents;
      • within 5 days after the completion of the Tour or Raffle implementation, and he has not confirmed the status of his organization with certifying documents;
      • within 10 days after a Project receives a “Successful” status.
    • The Administration is not a tax withholder for the Organizer, which includes paying sales taxes, added value tax, or other sales taxes.
  • Obligations
    • The Administration and the User must provide each other with complete and objective information about any significant circumstances relating to the pertinent and timely fulfillment of the terms of Agreement.
    • The Administration and the User must recognize electronic letters and messages in the web-interface signed with a legally acceptable analog of a handwritten signature that has the authority of a simple electronic signature.
    • The User must keep his/her personal information up to date, updating it through the Service if changed. Otherwise, the fulfillment of obligations will use the old invoice details and will be considered correct and up to date.
    • The User must protect access details (login and password) to his/her user account and not entrust them to a third party. Any activity of the User performed using his/her user name and password are considered performed by him personally.
    • The User does not have the right to publish information that is illegal or may cause the Administration a misdemeanor, civil, or criminal liability, including:
      • classified government, business, banking, or other Information;
      • information violating property and non-property rights.
    • The User has no right to try to gain access to other user accounts, including but not limited to the following actions:
      • fraud;
      • breach of faith;
      • the use of malware.
    • The User has no right to send out unauthorized electronic messages or distribute information clearly not requested by the recipients.
    • The Administration has the right to unilaterally dissolve the agreement out of court, as well as, without prior notice, limit or stop User access to the Service, delete or alter his/her published content due to a breach of the terms of Agreement or legislation, and equally at the request of copyright holders, or central and local public authorities.
  • Responsibilities
    • The Payment service provider bears responsibility for proper execution of online payments and protection of payment data.
    • The Organizer bears the responsibility for properly executing the obligations of providing the services ordered and paid for by the Travelers and for the results of organizing Raffles and the timely and full disbursement of all rewards.
    • The User bears responsibility for proper and timely completion of all types of paperwork necessary to receive the Organizer’s services.
    • The Users bear responsibility for claims and actions related to the violation of third party rights that are addressed to the Administration. In this case, the Users will settle such claims unaided and at their own expense or will fully compensate the Administration any costs induced by such claims and actions.
    • The Administration bears responsibility only for direct, truly proven damages, the maximum compensation for which is limited to $99 (USD).
    • The Administration does not bear responsibility for timely delivery of any electronic messages and notifications forwarded to the User.
    • A 30 days pre-court dispute resolution is mandatory. If the dispute between the User and the Administration is not settled, it is handled by the High Court of Justice of the British Virgin Islands according with legislation of Great Britain. Other disputes are handled in accordance with the provisions agreed upon between Travelers and Organizers.
    • A party is exempt from liability for failure to perform or improper performance due to an unforeseen circumstance, certified by a competent government authority.
  • Confidential Information
    • All information and documentation pertinent to the Agreement is confidential.
    • The Administration uses structural protection firmware and hardware for the protection of confidential information:
      • SSL encryption;
      • two-factor authentication;
      • hashing access password;
      • nondisclosure agreements.
    • The Administration has no right to pass on confidential information without authorization by the User, except for the demands of a court ruling that has taken legal effect or standing regulatory legal act.
  • Personal Data
    • The Users provide the Administration with complete and accurate personal data, necessary for the Administration and Organizers to fulfill mutual obligations, including:
      • last name, first name, and patronymic;
      • gender;
      • date of birth;
      • marital status;
      • mobile phone number (optional);
      • email address;
      • passport information.
    • The Users allow the Administration to process their personal data to fulfill the Agreement by the following means:
      • collection;
      • systematization;
      • accumulation;
      • archiving;
      • updating;
      • changing;
      • national and trans border transfer to the Organizers;
      • anonymization;
      • deletion.
    • The Administration uses cookies technology to gather impersonal statistic information about Users and their actions, which is not personal data.
    • The Administration has the right to demand that the User provide a copy of a document confirming his/her identity in order to become familiar with the user and confirm his/her age and legal capacity, as well as to fulfill the assumed obligations.
  • Company Details
    • The company Clumus, ltd, registered in British Virgin Islands jurisdiction, registration number 1709506, address: British Virgin Islands, 24 De Castro Street, Road Town, Wickham’s Cay 1, Acara building. This company has the exclusive owner rights for the Service, it performs payments according to the Agreement.
    • Limited liability company “Clumus”, registered in The Russian Federation jurisdiction, Individual Taxpayer Number 5408311153, Tax Registration Reason Code 540801001, address: 630090, Novosibirsk, Nikolaeva street, 11, checking account #40702810604000010761 in the Siberian branch of Public Joint-Stock company “Promsvyazbank”, RCBIC 045004816. This is the company managing the Service and performing payments according to the Agreement as a subagent on the territory of the Russian Federation.
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