1.1. This document (hereinafter — the Terms and Conditions) contains the principal provisions pertaining to the operation of the Openbitcard System and working in this System.
1.2. The Terms and Conditions define the principles and conditions on which the Administrator — Openbitcard provides for remuneration access to the System’s Services to a Customer (any person accepting the Terms and Conditions) charging Fees as per the agreed Rates in accordance with the established procedure; in turn, a Customer shall use the System and its Services in accordance with the Administrator’s instructions and guidelines as set forth in these Terms and Conditions.
1.3. This document is the Administrator’s official public offer intended for eligible parties (including individuals that are 18 years of age or older) regarding the opportunity to use the System and its Services.
1.4. Pertaining to any and all matters not provided for in the Terms and Conditions, the Administrator may regulate such matters on the basis of its internal procedures and documents (IPD) providing to a specific Customer access to information regarding such internal procedures and documents on this Customer’s written substantiated request.2. DEFINITIONS OF TERMS
2.1. Authorization Details shall mean a combination of the Login and Password and/or Payment Password.
2.2. Authorization shall mean the process of authenticating a person by their Login and Password.
2.3. HSE shall mean a handwritten signature equivalent.
2.5. Identification shall mean a special procedure of a Customer’s providing to the Administrator such as Customer’s personal data as required by law or under these Terms and Conditions.
2.6. Identified Customer shall mean a registered Customer whose identity was successfully verified during the Identification procedure.
2.7. Customer shall mean a person pertaining to whom there arises a right or an obligation related to transfer, acceptance, and acquisition of the Funds under these Terms and Conditions.
2.8. Wallet shall mean the account of a Customer registered in the System and using the Services, which is stored in the System’s database, belongs to this Customer, and reflects the balance of the Funds owned by this Customer.
2.12. Transaction shall mean any transfer of Funds via the System.
2.13. Payment shall mean Funds accounted for as funds in a Wallet and transferred from a Customer to a third party or from a third party to a Customer.
2.14. Registration shall mean the result of entering a person’s data in the System, after which a Customer is identified by the System.
2.15. Contact Details shall mean the following addresses and phone numbers: for the Administrator: for communication by mail:______, for communication by phone:______, for communication via Skype:______, for communication via email:______; for a Customer – the contact information provided by a Customer in the electronic form during the Registration procedure.
2.16. System shall mean a set of hardware and software developed, created and operating for the purpose of the Administrator’s providing the System’s Services to a Customer.
2.17. Funds shall mean electronic money that is owned by a Customer and accounted for as funds in this Customer’s Wallet.
2.20. Services (System’s Services) shall mean Transactions involving Funds in Customers’ Wallets made via the System.
2.21. Chargeback shall mean the procedure of cancelling a bank card payment initiated by the cardholder through their bank.3. PROCEDURE FOR ACCEPTING TERMS AND CONDITIONS
3.1. A Customer accepts these Terms and Conditions (accepts the public offer) by completing the following procedures in the required order: 1) filling out the registration forms on the System’s Website, including the creation of the Authorization Details; 2) reading these Terms and Conditions; 3) confirming accepting them by ticking the relevant field in the registration form.
3.2. Acceptance of these Terms and Conditions means a Customer’s full and unconditional acceptance of all the provisions and conditions set forth in these Terms and Conditions without any exclusions and/or restrictions, which is equivalent to entering into a bilateral agreement.
3.3. These Terms and Conditions are accepted for an indefinite period of time.
3.4. A Customer can only obtains access to the System’s Services after a Customer has accepted these Terms and Conditions.4. OPENBITCARD WALLET
4.1. After a Customer completes the Registration, a Wallet is opened for this Customer. The purpose of a Wallet is to hold electronic Funds, as well as send and receive electronic Payments. A Wallet is in the currency selected by a Customer from the list of available currencies.
4.2. Funds can be kept in a Wallet for an indefinite period of time, and no interest is charged or incurred for any Funds kept in a Wallet.
4.3. Certain limits may apply to a Wallet with respect to loading Funds, payments and withdrawals of Funds, which depend on the Customer’s Card type and other factors that the Administrator may take into account at its sole discretion and determination.
4.10. A Customer’s actions resulting in changing the balance of the Funds in their Wallet confirm that such Customer agrees with the balance amount, which is displayed in their Wallet at the moment before a Customer performs any actions.
4.11. Access to a Wallet and any Transactions involving the use of a Wallet are only possible after a Customer’s Authorization.
4.12. A Login is a Customer’s email address or an alphanumeric combination specified by a Customer during the Registration.
4.13. Logins and Payment Passwords are created by Customers and may be changed at any moment.
4.14. A Customer is responsible for keeping their Authorization Details confidential. Any actions related to a Wallet performed with the use of correct Authorization Details shall be considered to be actions performed by the Customer.
4.15. In the event of a Customer losing their Authorization Details, the System shall give this Customer the possibility to recover access to their Wallet.
4.16. The Administrator may perform Wallet Lockdown (suspend Transfers from a Customer’s Wallet) in certain cases let’s say loss of a card in accordance with the Terms and Conditions and under applicable laws.
4.17. A Customer may close their Wallet at any time by contacting the Customer Service.5. TRANSACTIONS
5.7. A Transfer of Funds is carried out on the basis of a Customer’s Order electronically via its Wallet.
5.8. When receiving an Order to transfer funds from a Customer, the Administrator verifies such Customer’s right to use Funds based on the Customer’s Authentication via the Authorization Details.
5.13. Funds are debited in accordance with the procedure set forth in the Terms and Conditions, applicable laws, or the Parties’ additional agreement.
5.14. When using your bank to send money to the system, transactions will be shown in your card statement.6. ACCOUNTS AND RECORDS
6.1. A Customer shall make reporting documents for any period of time in their Personal Account at its own discretion.
6.2. A Customer shall verify that the information pertaining to their Wallet is accurate and current.7. RATES AND PROCEDURES FOR CHARGING FEES
7.2. The Rates are published by the Administrator on the Website.
7.5. All the Services provided to Customers by the Administrator, in accordance with the applicable laws, are not subject to VAT or any other turnover taxes.
7.6. All applicable Fees are debited to a Customer’s Wallet by the Administrator upon the completion of a Transaction that creates a Customer’s obligations to pay this Fee, or at the moment when the Administrator has substantiated grounds or information that constitutes the Administrator’s claim to the right to charge a Customer this Fee.
7.7. If the Funds in a Wallet are not sufficient to charge the applicable Fees, the Administrator may decline a Transaction or send to a Customer a request to pay the Fees.8. HANDWRITTEN SIGNATURE EQUIVALENT
8.1. The Parties agree that the Authorization Details provided when a Customer submits Orders to the Administrator are an adequate and sufficient method for the Authentication of a Customer, and verifying the authenticity and integrity of any electronic document sent. A Customer’s Authorization Details shall serve as the handwritten signature equivalent (HSE).
8.2. The Administrator shall be the party that verifies the authenticity of a Customer’s HSE.9. PERSONAL DATA
9.2. The Administrator may collect, store, and process information on any purchases made, services or works paid for the purpose of targeted advertisement, as well as transfer statistical data to third parties without disclosing Customers’ personal data.10. PARTIES’ RIGHTS AND RESPONSIBILITIES
10.1. A Customer may:
10.1.1. obtain access to all the System’s Services in accordance with a Customer’s Status and any other restrictions;
10.1.2. open a Wallet in the System;
10.1.3. receive technical and informational support.
10.2. The Administrator may:
10.2.1. expand the range of the Services;
10.2.2. modify the Software, interfaces, operating procedures, and the Services;
10.2.3. in the event of detecting any defects or failures, for maintenance purposes and the purpose of preventing unauthorized access to the System, suspend its operation;
10.2.6. resort of retaliation measures against a Customer in the event of this Customer’s violation of the Terms and Conditions;
10.2.7. charge the Fees to Customers for the Services in accordance with the established Rates;
10.3. A Customer shall:
10.3.1. Comply with the provisions of the Terms and Conditions with the Administrator.
10.3.2. Provide reliable and valid information during the Registration in the System and the procedure of Identification.
10.3.3. Not allow any third parties to use its Wallet, and not disclose its Authorization Details;
10.3.4. immediately notify the Administrator when discovering a Transaction carried out without their permission, unauthorized access to their personal information, or loss of the Authorization Details; all Transactions carried out with the use of the Password (Payment Password) of this Customer prior to such notification shall be considered as Transactions carried out by this Customer;
10.3.5. guarantee that there is no Malicious Software on their computer (or any other data carrier; work with the System on a computer that has the following installed: antivirus software with the updated database (not later than the date a Customer logs into the System), a firewall, the updated version of a browser, all the necessary updates for the operating system and the software; use only licensed software;
10.3.8. Not use the System for any purposes that violate any laws, including attempts to carry out Prohibited Activities;
10.3.9. Keep independent accounting records of all revenue received as a result of Transactions made through the System and pay all applicable taxes in accordance with the laws of a Customer’s country;
10.3.10. Ensure that the Funds balance in its Wallet is not negative.
10.3.11. A Customer acknowledges and confirms that all the provisions of the Terms and Conditions are clear, and a Customer accepts them unconditionally and in their entirety.
10.3.12. A Customer shall bear full responsibility for any cancelled, invalid, and disputed Transactions, and for any Chargebacks.
10.3.13. A Customer’s failure to comply with any provision of this paragraph.
10.3. Shall result in this Customer’s responsibility for all the expenses incurred.
10.4. The Administrator shall:
10.4.2. provide Customers with the services of access to the System;
10.4.3. Send notifications of any Transactions carried out from a Customer’s Wallet to the email address provided by this Customer;
10.4.4. ensure the operation of the Customer Service;11. LIABILITY 11.5. A Customer shall bear responsibility for complying with the requirements and provisions of all applicable laws. 11.7. A Customer warrants that its activities on the Internet and in the System do not contradict the generally recognized moral principles and norms. 11.9. The Client shall not undertake any activity that misleads other parties about services offered by the Administrator, which can directly or indirectly damage the Administrator’s reputation, including but not limited to impersonating themselves as representatives of the Administrator in any way or context, providing false data related to the System including but not limited to falsifying transaction IDs, wallet IDs etc as text, screenshots, or any other media, creating clones of the Administrator’s website, and other similar activities. In case of violation the Administrator reserves the right to block accounts, freeze funds for the period of investigation, and limit the usage of the System in other ways. The Administrator also reserves the right to pursue legal action in courts of applicable jurisdiction, including cases when this rule is violated by other parties that are not Clients of the Administrator. 12. DISCLAIMER
12.1. The Administrator shall have no responsibility to a Customer in the event of:
12.1.1. a Customer’s transfer of their data to any third parties, deliberate provision of access to their Wallet in the System, or any other violation of the confidentiality of a Customer’s information;
12.1.2. Presence of any viruses or any other Malicious Software in the hardware and software used by a Customer to access the System;
12.1.3. Illegal activities of any third parties, including those related to the use of a Customer’s Registration and a Customer’s email;
12.1.4. Any disputes pertaining to GSW sale-purchase transactions or other transactions between Customers made via the System;
12.2. The Administrator shall not be responsible for temporary showdowns of the Systems, failures and errors in the operation of any hardware or software (including but not limited to any power outages or damage to any telecommunications networks, software failures, interruptions in the operation of electronic mail systems, Internet providers, payment systems, other lines, channels, and/or networks that are provided, offered, or serviced by third parties, etc.) that occur through no fault of the Administrator; in such cases, the Administrator shall not be responsible for any of a Customer’s possible damages or costs.
12.3. The Administrator shall not be responsible for:
12.3.1. A Customer’s lack of access to the software or hardware that ensure the System’s operation or for any related damages and/or costs incurred by a Customer in such cases;
12.3.2. any consequences of inability to contact a Customer using the Contact details provided by such Customer, as well as for a Customer’s providing incorrect information in the System or a Customer’s failure to update such information;
12.3.3. A Customer’s damages and losses resulting from the impossibility of a Customer’s Identification;
12.3.4. Any payment services provided to a Customer by any third parties;
12.3.6. A Customer’s losses resulting from a Customer’s failure to read the current version of the Terms and Conditions or the IPD.
12.4. In the event of the loss of the Authorization Details, the System’s locking a Wallet, a Customer’s loss of the Password, Wallet Lockdown, or other events that cannot be remedied without a Customer’s Identification, the Administrator shall have no responsibility to an Unidentified Customer for any possible damages and the impossibility of the use of a Wallet in the future. An Unidentified Customer can prove that they are the rightful holder of a Wallet by providing the original of this Customer’s agreement with the mobile telecommunications services administrator.
12.5. The Administrator shall not be responsible for any damages and losses incurred by a Customer or any third parties as a result of:
12.5.1. Wallet Lockdown;
12.5.2. Impossibility of Transactions through a Wallet, regardless of the reasons for such impossibility;
12.5.3. Incorrect execution of Orders to carry out Transactions;
12.5.4. Issuing erroneous Orders to credit and/or debit Funds to a Wallet;
12.5.5. A Customer’s violation of the established procedure for making Payments;
12.5.6. Either Party’s compliance with the legislative or regulative requirements;
12.5.7. A Customer’s violation of these Terms and Conditions and/or the terms of any agreements entered into by a Customer pertaining to the use of the System, as well as the Administrator’s instructions and guidelines and/or generally accepted moral and ethical principles.
12.6. In any event, the Administrator’s responsibility to a Customer shall always be limited to the amount that does not exceed the amount of the Fees charged to such Customer for a period of the previous 3 months.
12.7. The Administrator shall not be responsible for any indirect or consequential damages incurred by a Customer or any third parties, including any loss of profit, loss (forfeit, non-receipt, unsubstantiated spending) of revenue, contracts, customers, time, data, enterprise, or reputation.
12.8. A Customer shall protect the Administrator’s interests, repay any losses and pay compensation to the Administrator, and hold the Administrator and its affiliated parties harmless against any complaints, claims, expenses or costs (including any legal costs, fines and penalties) resulting from or pertaining to a Customer’s failure to comply with these Terms and Conditions, any applicable laws or regulations and/or use of the System. This provision shall remain valid after the termination of the relations between the Parties.
12.9. If a completed Payment becomes, through a Customer’s fault, grounds for a payer’s submitting a complaint against the Administrator pertaining to protection against infringement of rights, the Administrator shall have the right to demand that a payee compensate the Administrator for any losses suffered as a result of the Administrator’s funds or other assets levied in favor of such payer.
12.10. The Administrator shall provide to Customers the System’s Services on the ‘as is’ basis, in their current and existing form without any warranties.13. INFORMATION EXCHANGE AND COMMUNICATION
13.1. During the Registration in the System, a Customer must provide to the Administrator accurate and valid information (hereinafter – the Contact Details) to be used for the purpose of communicating with and sending notifications to a Customer.
13.2. By default, the appropriate method for informing a Customer of a Transaction made with the use of a Customer’s Wallet is sending a notification to the email address provided by a Customer.
13.3. A Customer may contact the Administrator at any time by sending a message or by calling the Customer Service (during its business hours).14. SECURITY PROVISIONS
14.1. A Customer must take all reasonable measures to keep the Password to their Wallet a secret and not disclose it to any parties.
14.2. A Customer shall bear full responsibility for all the risks related to the use of the Internet during a Customer’s interaction with the Administrator (other Customers and/or third parties).
14.3. A Customer shall assume full responsibility for the security of its Authorization Details and for all the risks related to their loss (theft and/or compromise),
14.4. To ensure the security of a Wallet and/or prevent its use for unauthorized or fraudulent purposes, the Administrator shall have the right to take the relevant measures in accordance with applicable laws, the Terms and Conditions, the IPD, including resorting to a Wallet’s Lockdown.15. EFFECTIVE TERM AND TERMINATION OF OBLIGATIONS
15.1. A Customer may unilaterally refuse to comply with the provisions and requirements of the Terms and Conditions under the following conditions: - Absence of any unfulfilled Customer’s obligations to the Administrator and/or any third parties interacting a with Customer through the System and/or the Services; - the Administrator’s receipt of a Customer’s notification of a Customer’s refusal to fulfill the provisions and requirements set forth in the Terms and Conditions that is duly executed and sent by a Customer at least 30 (thirty) calendar days in advance.
15.2. The Administrator may unilaterally refuse to fulfill the provisions and requirements set forth in the Terms and Conditions pertaining to a specific Customer on condition that the Administrator notifies such Customer no later than three days in advance.
15.3. Starting from the date of such refusal as specified above, orders to carry out Transfers on behalf of a Customer shall no longer be accepted; all unpaid Fees shall be considered to be a Customer’s debt to be paid. All financial obligations of the Parties that arise prior to such refusal shall remain valid until they are fully satisfied.
15.4. The Administrator may withhold a Customer’s funds until the latter fully repays all financial obligations and use such funds as payment for a Customer’s debt related to a Customer’s obligations.16. AMENDMENTS TO TERMS AND CONDITIONS
16.1. If necessary, the Administrator may unilaterally make amendments to these Terms and Conditions (including the Rates).
16.2. The updated version of the Terms and Conditions shall be published in the section of the Website.
16.3. A Customer’s use of the System after any amendments come into force shall be considered as such Customer’s unconditional acceptance of such amendments.18. SETTLEMENT AND RESOLUTION OF DISPUTES
18.1. All disputes and disagreement arising in the process of the use of the Systems based on the provisions of these Terms and Conditions shall be settled through negotiations.19. FORCE MAJEURE
19.1. The Parties shall not be responsible for any delays in the performance or non-performance of the obligations, any expenses, including losses, and costs related to complaints by any third parties that may result from any force majeure circumstances. The Party experiencing the impact of any force majeure circumstances shall notify the other Party within 10 days after the commencement of such force majeure circumstances.
19.2. The provisions of paragraph 19.1. shall not limit or terminate a Customer’s obligations pertaining to making an returning Payments, as well as payment of any fines, penalties, Fees, commissions, returning any goods, or (not) performing any works or services.20. MISCELLANEOUS PROVISIONS
20.1. A Customer shall not have the right to transfer any rights – in part or in full – pertaining to these Terms and Conditions to any third parties without the Administrator prior written consent and permission.
20.2. If one or more of the provisions of these Terms and Conditions are or become invalid under a court decision or any changes in the applicable laws, it shall not serve as grounds for suspending the validity of the remaining provisions Terms and Conditions.
20.3. The Administrator may make any changes and amendments to the Terms and Conditions aimed at ensuring their compliance with the legislative norms and requirements.
20.5. All appendixes to the Terms and Conditions shall constitute their integral part.Appendix 1 to Openbitcard System Terms and Conditions
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