“Yango Plus Cashback” – Loyalty program Terms

This is an old version of the document, which expired on December 12, 2022. The current version is available at: https://yandex.com/legal/plus_loyalty_israel.

Participation in the Loyalty program is valid subject to the Terms of the Loyalty program specified below.

1. General

1.1. This document concentrates the terms of the “Yango Plus Cashback” Loyalty program by the Program Operator (the “Terms of the Loyalty program” or “the Terms of the Program” ).

1.2. Program Operator reserves the right to extend or modify the Loyalty program’s Term, and to modify, stipulate upon, delete or add to the Terms of the Loyalty program at any time, and it is therefore recommended to keep up to date with the Terms of the Loyalty program. If Program Operator makes any such modification or terminates the Loyalty program’s operation, it will follow the law existing at that time regarding advance notice to the Loyalty program’s members and to times for carrying out the operations. If you disagree with the Terms of the Loyalty program, all or part thereof, please avoid using the Loyalty program.

1.3. Program Operator may from time to time offer promotions and benefits unique to the Loyalty program’s participants, according to its own discretion.

2. Terms and definitions

2.1. Authorization — Authorization of the User’s right of access to their Account by means of the User’s mobile phone number.

2.2. Points — Personal units granted to a User registered for the Loyalty program, which can be accumulated and utilized as part of the services to obtain a Discount, all in accordance with the Terms of the Loyalty program and with the intent of increasing Users’ activity on the services.

2.3. Balance — A virtual account of the User, linked to the User’s personal Account and containing information about the balance of Points accumulated by the User in the relevant field.

2.4. Partner — A business participating in the Loyalty program, all or part thereof, in collaboration with Program Operator.

2.5. Yango Plus Subscription — A Yango Plus subscription within the meaning of such term in accordance with the terms of the “Yango Plus Subscription Terms” document published online at https://yandex.com/legal/yango_plus_conditions.

2.6. Yandex Plus Subscription — A Yandex Plus subscription within the meaning of such term in accordance with the terms of the “Yandex Plus Subscription Terms” document published online at http://yandex.ru/legal/yandex_plus_conditions.

2.7. Purchase Entitling to Points/ Purchase — A purchase (order and payment) by the User of services and products of Program Operator and/or its partners for personal consumption via the Loyalty program’s Services which, according to the Terms of the Loyalty program, enables the accumulation of Points, and other actions by the User intended to increase the User’s activity in purchasing products and/or services via the services of Loyalty program Opertor and/or its partners, which, according to the Terms of the Loyalty program, constitutes a basis for accumulation of Points.

2.8. User — Any individual over the age of sixteen, who is a subscriber of Yango Plus or Yandex Plus and who has joined the Loyalty program and complies with the provisions hereof prescribing the terms for participation in the Loyalty program.

2.9. Terms of the Loyalty program — This document, as may be updated from time to time, prescribes the terms and procedures for the User’s joining of and participation in the Loyalty program, with the latest version hereof being available on the website: https://yandex.com/legal/plus_loyalty_israel.

Loyalty program — The Yango Plus Cashback loyalty program of the Program operator in collaboration with its Partners, intended to increase Users’ activity in purchasing products and services of Program Operator and its Partners, via the accumulation of Points in accordance with the Terms of the Loyalty program.

2.10. Loyalty program’s Services — Services of the Program operator or its Partners provided via a website and/or an app for mobile devices and allowing the making of a Purchase Entitling to Points and/or utilization of Points in accordance with the Terms of the Loyalty program.

2.11. Discount — A discount granted to a User upon making a purchase on one or more of

the Loyalty program’s Services by means of utilizing Points which the User has accumulated in accordance with the Terms of the Loyalty program.

Loyalty program’s Term — Accumulation of Points in accordance with the Loyalty program will be provided only up to 07.02.2023, with the option of renewal based on the sole discretion of the Loyalty program operator and the Points accumulated thereunder may be utilized hereunder as long as the user has active Yango Plus or Yandex plus subscription, as specified in the clause ‎5.2 - ‎5.3 of the Terms of the Loyalty Program.

2.12. Device — An electronic device, including a personal computer, tablet, mobile phone,

used by the User for the purpose of logging in, making purchases and using Points to obtain a Discount.

2.13. Account — The User’s account with Yandex ID (https://passport.yandex.ru), used to

identify the User as a participant in the Loyalty program.

2.14. Program Operator and/or Operator — Yango Deli Israel Ltd. Co., Private Company No. 515926285.

2.15. Loyalty program’s Operational Territory — The State of Israel.

3. General terms

3.1. As of the date of the Loyalty program’s launch, the Partners to the Loyalty program are:

• Yango Deli Israel Ltd. Co. (Private Company No. 515926285), address: 148 Derech Menachem Begin St., Tel Aviv, operating Yango Deli service;
• Yango Market Israel Ltd. Co. (Private Company No. 516495199), address: 114 Yigal Allon, Tel Aviv, operating Yango Market service;
• Wind Tel-Aviv (By Byke) Ltd (Private Company No. 515907913), address: 7 Hasadan, Holon, operating Yango Wind service;
• Yango.Taxi Ltd (Private Company No. 516472453), address: 148 Derech Menachem Begin St., Tel Aviv, operating Yango Taxi service);
• Yandex Ltd. Co. (Registration Number 1027700229193), address: 16 Leo Tolstoy St., Moscow, Russia, Zipcode 119021;
• Yandex Mediaservices Co. (Registration Number 1187746644920), address: 82/2 Sadovnicheskaya St., Apartment 10A05, Moscow, Russia, Zipcode 115035.

According to the Program Operator’s sole discretion, over the course of the Loyalty program’s operation additional Partners may be added and Partners may be removed from the Loyalty program, and the Loyalty program’s participants will have no claim or suit due thereto. A specification of the Partners participating in the Loyalty program will be published from time to time on the services’ websites. It is the participant’s responsibility to ascertain on the website, prior to and shortly before making the purchase, that the relevant business and service are indeed participating in the Loyalty program.

3.2. The Users accept the Terms of the Loyalty program by taking one of the following actions: purchasing a Yango Plus Subscription (or, alternatively, purchasing a Yandex Plus Subscription) and the User confirming their participation in the Loyalty program.

3.3. Program Operator may from time to time change the version of the Terms of the Loyalty program according to its discretion, in accordance with the provisions of Section 8 hereof.

* The language of the Terms of the Loyalty program refers to every sex and gender equally and is drafted in the male gender for reasons of convenience alone.

4. General terms for joining the Loyalty program

4.1. Joining the Loyalty program is not mandatory by virtue of a statutory duty. No additional payment will be collected from the User other than payment for a Yango Plus Subscription and/or Yandex Plus Subscription.

4.2. An individual joins the Loyalty program by entering the required personal information and confirming their consent to the Terms of the Loyalty program and the privacy policy and their undertaking to comply therewith.

4.3. The Program Operator reserves the right to refuse to approve the joining of an applicant wishing to join the Loyalty program, with no duty of providing a reasoning therefor, including by reason of such User’s incompliance with the provisions hereof and/or of other documents governing the use of the relevant service by the User, as well as in the event of an applicant who has been caught committing fraud, deceit and so forth.

4.4. Joining is limited to only private clients who are not business clients.

Upon a User’s joining of the Loyalty program, they fully and unconditionally accept upon themselves the provisions hereof and consent to the terms of the following documents:

4.4.1. “Yandex Services User Agreement”, displayed on the website: https://yandex.ru/legal/rules;

4.4.2. “Privacy Policy”, displayed on the website: https://yandex.ru/legal/confidential;

4.4.3. “Yango Plus Subscription Terms”, displayed on the website: https://yandex.com/legal/yango_plus_conditions;

4.4.4. “Yandex Plus Subscription Terms”, displayed on the website: https://yandex.ru/legal/yandex_plus_conditions.

4.5. The Program Operator reserves the right to update, from time to time, the terms for joining the Loyalty program according to its sole discretion and with no advance notice.

4.6. During the period of suspension of a Yandex Plus Subscription or any other subscription containing it, pursuant to Section 2.17 of the document “Yandex Plus Subscription Terms” published online at https://yandex.ru/legal/yandex_plus_conditions, Points may not be used if the User does not have an active Yango Plus Subscription.

5. Use of benefits granted under the Loyalty program

5.1. Under the Loyalty program, the Program Operator allows Users to accumulate Points for making a Purchase Entitling to Points as part of using the services, in accordance with the Terms of the Loyalty program.

5.2. Accumulation and utilization of Points and the taking of various actions as part of participation in the Loyalty program are available solely after the User logs into the services via their personal Account and is contingent on the User being a Yango Plus subscriber, a Yandex Plus subscriber or being included in any other subscription. For the purpose of the User’s participation in the Loyalty program, they may be required to undergo a process of identification as a Yango Plus subscriber or Yandex Plus subscriber, as a member of the Loyalty program.

5.3. If the User has ended their Yango Plus Subscription or Yandex Plus Subscription and has no active subscription remaining (the “End Date”), the User will have 30 days, starting from the End Date, on which they can utilize the Balance of Points accumulated on their card in purchases to be made by them under the Loyalty program, but during such period following the End Date they will not accumulate any more Points to their credit for the additional purchases they make. After such 30 days have elapsed, the User’s Points Balance will be deleted and the Balance of Points remaining on their card will also be deleted.

5.4. Terms for accumulation of Points: A User who makes a purchase Entitling to Points under the Loyalty program’s Services will accumulate, on their card, Points at a rate of 10% of the actual amount of the entitling purchase. For example, if a User makes a Purchase Entitling to Points in the amount of NIS 1,000, they will accumulate 100 Points for such purchase on their card.

5.5. Benefits and conditions pertaining to accumulation of Points under the Loyalty program:

Accumulation of the Points

5.6. A condition for utilizing Points: The User may utilize Points accumulated to obtain a Discount, with each point granting a Discount in the amount of NIS 1, on making purchases on any of the Loyalty program’s Services, all subject to the following Terms of the Loyalty program:

5.7. The accumulation of Points under the Loyalty program is personal and will take place in only one Account of the User. In any event, the Points are nontransferable and nonconvertible into cash or a credit voucher.

5.8. The User may not enjoy a double Discount; i.e., they may not utilize Points in

purchasing a product or service provided at a Discount.

5.9. Information about the Balance of Points accumulated by a User under the Loyalty program is available on all apps participating in the Loyalty program. Such information may also be available under other services.

5.10. The Points do not constitute cash money and may not be withdrawn or exchanged.

The User may use Points solely to obtain a Discount under the Loyalty program’s Services in accordance herewith.

5.11. Participation in the Loyalty program, including the accumulation and use of Points, are provided and available only during the dates specified in the abovementioned “Loyalty program’s Term”, and subject to the Terms of the Loyalty program. Points accumulated in a territory outside Israel may not be used to obtain a Discount under this Loyalty program.

5.12. Points can be accumulated and used to obtain a Discount only when the user makes

a non-cash payment for a purchase action on any of the Loyalty program’s Services, except as expressly provided otherwise herein. Points may not be used for purposes of wholesale purchase.

5.13. When making a purchase in which the User has a right to utilize Points, the User may

choose between making an actual payment and utilizing Points. If the User has chosen to pay for the purchase by utilizing Points, the maximum value of the Points accumulated as the User’s Balance will be utilized.

5.14. When purchasing products by utilizing Points, Points will not be accumulated for such

purchase. Also, in a purchase where the User has paid the consideration partly in actual payment and partly by utilizing Points, the User will not accumulate Points for the part of the consideration paid by utilizing Points.

5.15. The Discount will be calculated for each User separately and a purchase or Points

accumulated by different Users may not be consolidated. The User alone may use the Points accumulated under their name.

5.16. Points may not be utilized under the same transaction in which they were

accumulated, but rather only under a separate transaction. Points may also not be accumulated or utilized retroactively.

5.17. If a User has used more Points than they are due, including by reason of a malfunction

in the computer systems, due to a refusal on the part of the User’s credit company to make a payment, due to attempted improper use of the Loyalty program or attempted fraud on the part of the User, the User will be required to pay reimbursement in an amount of NIS 1 per each Point erroneously used or to offset the excess Points from their Account, to be done immediately.

5.18. Cancellation of a transaction for items or services purchased in a Purchase Entitling to

Points will be made in accordance with the relevant service’s cancellation policy, as may be updated from time to time and subject to the provisions of law regarding the cancellation of a transaction, including the provisions of the Consumer Protection (Cancellation of a Transaction) Regulations, 5771-2010.

5.19. If a participant is credited for returning an item purchased by them in a Purchase

Entitling to Points, the number of Points accumulated for the returned item will be offset from the participant’s Balance. If the participant does not have Points to their credit according to the Points accumulation state at that time, the participant’s Account will be placed at a debit Balance.

5.20. The Loyalty program’s record of the number of Points accumulated by the User will constitute

definitive and conclusive evidence of the correctness of the details.

5.21. The utilization of Points under the Loyalty program is subject to the proper operation of the Loyalty program’s

operating and computer systems. If malfunctions occur which temporarily prevent the utilization of the Points, we will act to repair such malfunctions as soon as possible, but in any event the Loyalty program’s members will have no claims or suits against Program Operator, its Partners and anyone on its behalf for the non-utilization of Points during the period of the malfunctions and of their repair.

5.22. The Program Operator may, according to its sole discretion, allow a User to accumulate Points for additional activities, and/or provide the User, if they so choose, with additional ways to utilize the Points, all in accordance with the Terms of the Loyalty program as may be updated from time to time.

6. Rights and obligations of the User

6.1. The User may submit to Program Operator claims and complaints regarding the accumulation, use and utilize Points within 30 days of the day on which the Points were accumulated or used or utilized, or should have been accumulated or utilized, but in no case later than the end of the Loyalty program’s Term.

6.2. The User alone is responsible for protecting the confidentiality of their personal Account, and is required to protect the username and password in confidence so as to prevent abuse thereof, including by frequently updating the password, and will have no claim toward Program Operator and anyone on its behalf regarding abuse of their Account by reason of the foregoing.

6.3. Upon joining the Loyalty program, the User acknowledges that they have already reached the age of 16 (sixteen) years), are legally competent and have read and understood these Terms of the Loyalty program and give their consent hereto.

6.4. As part of the participation in the Loyalty program, the User undertakes as follows:

6.4.1. Not to provide the Program Operator with false, inaccurate, incorrect, forged or unreliable information.

6.4.2. Not to abuse the rights granted them under the provisions hereof and of law and to act in good faith (including, but not limited to, not to take actions intended to accumulate Points without making actual purchases, and not to make purchases for purposes other than personal consumption);

6.4.3. Not to copy, disassemble or otherwise try to obtain the source code of the software used by Program Operator and/or its Partners in implementing the Loyalty program, to take any illegal or improper action;

6.4.4. To carry out any other obligation prescribed hereby;

6.4.5. Upon the Program Operator’s request, to provide it with the information and documents requested, no later than one business day from the date on which the relevant request is sent.

6.5. The User pays, at its own expense, for access to an internet network and bars such other expenses as are required for the purpose of participating in the Loyalty program and making purchases of services.

7. Rights and obligations of the Program Operator

7.1. The Loyalty program Operator may do the following:

7.1.1. The Program Operator may suspend or terminate the membership of a participant in the Loyalty program and suspend or revoke, with immediate effect, any right arising from their membership thereof, including rights and Points accumulated prior to the revocation of their membership, if their use was improper or contrary to the Terms of the Loyalty program, including in the event of their having made a wholesale purchase;

7.1.2. Act to prevent or temporarily suspend the option of accumulating or utilizing Points and services on the part of a User, without giving the User advance notice, to prevent a breach or abuse of the services and the Loyalty program by that User;

7.1.3. Distribute the program to users in stages, in order to ensure proper operation of the software.

7.1.4. A waiver of inaction on the part of the Program Operator in the event of a breach of the Terms of the Loyalty program by the User will not be deemed a waiver of its rights under law or hereunder and does not deny the Program Operator its right to take such measures as are available to it to protect the company’s interests for such breach.

8. Termination of participation in the Loyalty program

8.1. Without derogating from the above Section 5.6 regarding the termination of participation in the Loyalty program following the termination of a Yango Plus Subscription or Yandex Plus Subscription, the User may unilaterally terminate their participation in the Loyalty program by canceling subscription Yango Plus or Yandex Plus via Apple store as described at the link https://support.apple.com/en-us/HT202039 or via Google store as described at the link https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid#zippy=.

8.2. The participation of the User who has given notice of the termination of their participation in the Loyalty program as abovesaid will terminate on the date on which the User’s notice is received by the Program Operator. In such a case, within 14 workdays following the receipt of the notice, the Program Operator may block the User and delete their Points Balance.

8.3. The Program Operator may unilaterally block the User’s Account and immediately suspend or revoke their participation in the Loyalty program (including blocking their ability to utilize Points accumulated by them), with no advance notice, if the User:

8.3.1. Is in breach of / incompliance with the Terms of the Loyalty program;

8.3.2. Is abusing the rights granted them hereunder or is acting contrary to law or in bad faith;

8.3.3. Is using the Loyalty program to make transactions intended to carry out business activity or a wholesale purchase.

8.4. The Program Operator may refuse to approve a User’s rejoining of the Loyalty program in the event that their participation in the Loyalty program has been terminated on the grounds set forth above.

8.5. Participation in the Loyalty program will also terminate in the event of Program Operator being informed of the User’s death, or of the User having been declared missing. Such circumstances involve blocking the User, revoking the User’s Points, and terminating Loyalty program Operator’s obligation toward the User under the Loyalty program.

9. Limitation of Loyalty program Operator’s liability

9.1. Program Operator, including anyone on its behalf, is not liable, directly or indirectly, for services or products of its Partners included in the Loyalty program (except as expressly provided otherwise herein and/or in the documents attached hereto), and the User must settle any dispute arising in connection with their services directly and independently with the providers of the services.

9.2. The Loyalty program and the information included therein do not constitute an offer or solicitation to make a transaction at any business or to utilize any benefit.

9.3. The benefits offered under the Loyalty program are not necessarily at the lowest price regarding such transaction, and it is the User’s responsibility to check and compare prices before making the transaction and/or utilizing the benefit.

9.4. Program Operator, including anyone on its behalf, is not liable for:

9.4.1. Technical failures of any kind whatsoever in the operation of the services, regardless of the circumstances, and no warranty is given for the proper and ongoing operation of the services, including the ability to accumulate and use Points upon making a purchase as part of the services;

9.4.2. Access by a third party to the User’s Account and any actions taken by a third party in the Account;

9.4.3. Implications arising from the Device’s modification by the User during their participation in the Loyalty program, related to the services’ software features;

9.4.4. Publications, if any are made, with respect to services and/or products provided by the Partners will be at their own liability alone and such publications will not impose any liability or obligation whatsoever on Program operator or anyone on its behalf regarding anything related to such products and services or to the description thereof.

9.5. Starting from the date on which the Terms of the Loyalty program are changed, the new version will be binding. The binding version of the Terms of the Loyalty program is the version displayed on the services and websites participating in the Loyalty program.

10. Advertising information

10.1. Subject to the User’s consent, they will be sent advertising mail and marketing information from Program Operator about the Loyalty program, the services, the products and any other information about the services of Loyalty program Operator and its Partners, including via push notifications, email, SMS, and so forth.

10.2. The User is entitled to opt out of receiving push notifications by changing the definitions on the browser and/or Device they use. To opt out of receiving marketing messages by email, SMS and the like – please send a request to the address: plus@yango.com, or use the removal mechanism listed in the message sent.

11. Users’ personal information

11.1. Program Operator and its Partners may collect and process the User’s personal information, if required, including: the User’s personal Account information, information regarding the purchase of a Yango Plus Subscription or Yandex Plus Subscription; information regarding purchases made; information regarding the accumulation, use and utilization of Points; inquiries related to the accumulation, use and utilization of Points; the User’s name, email address, city, country, bank card information.

11.2. The purpose of processing the information: The information collected as abovesaid will be processed for the purpose of administering and operating the Loyalty program, for purposes of personalized advertising and marketing, to comply with the Terms of the Loyalty program and to utilize the lawful rights and interests of Program Operator and its Partners and provide a response to complaints on the part of the User.

11.3. The processing of such information will be subject to the application of Program Operator’s privacy policy, available at the following link: https://yandex.com/legal/confidential, as well as its Partners’ privacy policy if it purchases services from them.

12. Application for information

In any event of a complaint, and to receive information or additional clarifications regarding the Terms of the Loyalty program and the Loyalty program, please contact customer service: plus@yango.com and we will try to reply within a reasonable time.

13. Assignment of rights

Program Operator may transfer its obligations and rights hereunder to any third party without needing to obtain the User’s consent.

14. Applicable law and jurisdiction clause

The engagement between the User and Program Operator and within the scope hereof will be subject to the application of the provisions of Israeli law alone. The sole venue of jurisdiction on any matter related hereto and to the use of the Loyalty program is at the competent courts in the Tel Aviv-Yafo District alone.

Date of publication: 06.11.2022.