Liqpay User Agreement

Bank: PUBLIC JOINT STOCK COMPANY “COMMERCIAL BANK “PRIVATBANK” (Address: 49094, Dnepropetrovsk, Naberezhnaya Pobedy st., 50, c/c 32009100400 in the Regional Administration from 0000, 00, 00, 00, 00, 08 based on the license of the National of the Bank of Ukraine No. 22 dated 04.12.01, guided by the Law of Ukraine “On Banks and Banking”, as well as Article 634 of the Civil Code of Ukraine, publicly offers an unlimited range of individuals the opportunity to receive money transfer services using the LIQPAY web interface, for what publishes this agreement about the following: 1. Subject of the Agreement
1.1
. The Bank, being the Operator, assumes the obligation to accept/transfer funds from the Clients using the LIQPAY web interface.
1.2. The quality of services provided by the Bank under this Agreement must comply with the legislation of Ukraine, the NBU regulations governing transactions using the Cards.
1.2.1. The relations of the Bank with the Client when providing services in the LIQPAY web interface are governed by the following regulations:
1.2.1.1. Law “On Banks and Banking Activities” dated 07.12.00 N 2121-III.
1.2.1.2. Law of Ukraine “On payment systems and money transfer in Ukraine” dated 05.04.01 N 2346-III.
1.2.1.3. Regulation on the implementation of operations using special means of payment, approved by the Resolution of the Board of the National Bank of April 30, 2010 N 223.
1.2.1.4. Instruction on the procedure for opening, using and closing accounts in national and foreign currencies, approved by the Resolution of the Board of the National Bank of Ukraine dated November 12, 2003 N 492.
1.2.1.5. Instructions on non-cash settlements in Ukraine in the national currency, approved by the Resolution of the Board of the National Bank of Ukraine dated January 21, 2004 No. 22.
1.2.1.6. Resolution of the National Bank of September 16, 2013 No. 365
1.3. This agreement is publicly accounted for by an unlimited number of individuals to facilitate the implementation of money transfers on the Internet by posting (publishing) it on the official website www.LiqPAY.com ( permanently available for review).
1.4. This Agreement comes into force from the moment the Client registers in the LIQPAY web interface.
1.5. Each Party guarantees to the other Party, having the necessary right – and legal capacity, as well as all the rights and powers necessary and sufficient for the conclusion and implementation of the Agreement in accordance with its terms.
1.6. The Client assures that he does not intend to use the LIQPAY web-interface for carrying out transactions related to the implementation of entrepreneurial activities.
2. Terms and definitions used in the Agreement
2.1. The terms not specified in this section are used in the text of this Agreement in the meanings according to the legislation of Ukraine and generally accepted turns.
Verification is a verification of the Client’s personal data, in which the request is routed with the help of the Bank. When the Client enters the correct Login and Password and confirms it with the OTP One Time Password, the Bank allows entry to the LIQPAY web interface.
A remote order is an order from the Bank to execute a specific transaction submitted by the Client through an agreed access channel, following the procedure for transferring instructions specified by the rules.
Identification is a procedure provided for by the norms of the current legislation of Ukraine, including the Instruction on the procedure for opening, using and closing accounts in national and foreign currencies, approved by the Resolution of the Board of the National Bank of Ukraine dated November 12, 2003 No. 492.
Client – an individual, a user of the LIQPAY web interface, who has passed the verification procedure when entering the LIQPAY web interface.
Payment card verification transaction – a card verification transaction, when it is carried out on the card, the amount per one unit of card currency is blocked for up to 30 days.
OTP One-Time Password – a digital one-time password delivered via short message service (SMS) to the Client’s mobile phone, the number of which was used during registration in the LIQPAY web interface.
LiqPay is a trademark of the Bank, a unique web interface for entering payment details on the Internet and initiating a money transfer.
LiqPay account – mobile phone number, client account in the LIQPAY web interface.

3. Terms of Use of the LIQPAY Web Interface
3.1. The Bank executes the Client’s orders contained in the Remote Order sent to the Bank.
3.2. The procedure for registering a client in the LIQPAY web interface.
3.2.1. A registered Client is any Client who has authorized at least once on the Site www.liqpay.com and executed the Payment Card Verification Transaction.
3.2.2. Authorization on the site www.liqpay.com for Clients passes exclusively with the help of OTP One Time Password. The login for authorization is the Client’s phone number in international format, the password is an eight-digit dynamic password sent by SMS to the registered phone number of the Client.
3.2.3. The payment card verification transaction is considered successfully completed after blocking the amount in the amount of one card currency unit. The amount is unblocked automatically by the issuer’s bank within 30 days from the moment of blocking.
3.3. The obligations of the Bank under the Agreement are limited to accepting funds from the Clients and transferring funds to the persons to whom they are assigned. At the same time, unless otherwise in individual cases is expressly determined by the Agreement or additional agreement of the Parties, the Bank is not a party to the agreement for the sale of goods (rendering services / performance of work), as well as any other agreement concluded between the Client and the counterparty, and accordingly:
– does not regulate or control the legitimacy of the transaction, its terms, as well as the fact and consequences of the conclusion, execution and termination of the transaction, including in terms of the return of payment under such an agreement;
– does not consider the Client’s claims regarding non-fulfillment (improper fulfillment) by counterparties of their obligations under the agreement, including obligations to transfer goods, provide services / perform work.
3.4. The Bank has the right to demand from the Client the documents and information necessary to establish his identity, financial position, and determine his activities. If the Client refuses to provide the necessary documents and information or deliberately provides false information about himself, the Bank refuses to serve the Client.
3.5. The Counterparty, to whose address the Client initiates the transfer, is indicated by the Client in the Remote Order. The Bank’s obligation to transfer funds in favor of the counterparty is considered fulfilled from the moment the specified Order is executed.
3.6. The client is obliged:
– not to disclose information about the login and password of the Client to third parties.
– provide the Bank with reliable information necessary for conducting transactions;
– make transactions in accordance with the terms of this Agreement;
– at the request of the Bank, provide the necessary documents, information and other data to identify the Client, determine the nature of his activities and financial position, in order to comply with the requirements of the legislation governing relations in the field of prevention of legalization (laundering) of proceeds from crime;
– do not use as a means of payment – prepaid cards
– pay for the Bank’s services according to the Bank’s tariffs;
– notify the Bank of all changes in the Client’s data related to the execution of this Agreement no later than 3 calendar days from the moment they occur.
3.7. Other terms of use of the LIQPAY web-interface, which determine the rights and obligations of the Parties.
3.7.1. The Bank, under the Agreement, has the right to:
3.7.1.1. Stop the operation of software and/or hardware that ensure the operation of the web interface, if significant shortcomings, errors and failures are identified, as well as in order to carry out preventive maintenance and prevent cases of unauthorized access to the web interface;
3.7.1.2. Require the Client to provide data identifying the Client in the following cases:
– when the Bank has reason to believe that the Client violates the terms of the Agreement, the legislation of Ukraine, violates the rights and legitimate interests of the Bank, counterparties;
– in other cases at the discretion of the Bank.
3.7.1.3. Terminate the possibility of using the LIQPAY web interface by the Client if:
– if the Bank has doubts about the legality of the Client’s actions with sending the Client a request for confirmation of identification, as well as the sources of origin of funds for transfers using the LIQPAY web interface;
– violation by the Client of the terms of this agreement;
– in other cases, when the transfer may cause losses for the Bank, counterparty or third parties.
3.7.2. Do not serve requests to the server from anonymous proxy servers;
3.7.3. Provide the Client with additional services, the terms of connection and provision of which are determined by the Bank and posted on the website www.liqpay.com< /a> .
3.8. Information about the LIQPAY web interface stipulated by the terms of the Agreement and/or regarding the use of the web interface is posted by the Bank on the Website www.liqpay.com at the same time, information about significant changes in the terms of the Agreement, changes in tariffs is published no later than three days before the changes come into force.
3.9. The client has the right to demand from the bank to return to him the amount of the transfer from the bank’s transit account after thirty working days from the date of receipt of this amount to the bank’s transit account and does not require the bank to send a request for clarification of the requisition the recipient’s zit.
3.10. In cases stipulated by the Decree of the NBU Board No. 365 dated September 16, 2013 On the procedure for receiving funds in foreign currency to current accounts of individuals within Ukraine, the Bank is obliged to sell the funds received by the Client in foreign currency within Ukraine on the interbank foreign exchange market of Ukraine and transfer the hryvnia equivalent from the sale of foreign currency to the current account of the Client in national currency. At the same time, the Client is identified, does not have a current account in the national currency, instructs the Bank to open such an account for crediting the above-mentioned receipts.
4. Tariffs
4.1. The Bank has the right to charge the Client a certain amount of money as compensation for expenses and / or remuneration of the Bank related to the fulfillment by the Bank of its obligations under this Agreement (hereinafter referred to as the Tariff). The rates, grounds, conditions and the moment of their payment by the Client are indicated on the Website www.liqpay.com .
4.2. Payment of the Tariff by the Client is made by deducting the corresponding amount by the Bank in the manner described on the Site www.liqpay.com .
5. The procedure for concluding and term of the Agreement
5.1. An agreement on the use of the LIQPAY web-interface is concluded between the Bank and the Client in a written form of an accession agreement (Article 634 of the Civil Code of Ukraine).
5.2. Acceptance of the terms of the Agreement is the implementation by the Client of the actions specified in clause 5.4. present agreement.
5.3. Acceptance of the terms of the Agreement means full and unconditional acceptance by the Client of all the terms of the Agreement without any reservations and / or restrictions and is equivalent to the conclusion of a bilateral written Agreement on the use of the LIQPAY web interface.
5.4. The Client accepts the Agreement after reading the terms on the Site www.liqpay.com by cumulative execution following steps:
5.4.1. Acquaintance with the terms of the Agreement and their acceptance by clicking the Agree button.
5.4.2. Registration in the LIQPAY web interface by filling out the form in the appropriate window on the Site, accompanied by sending the Client an OTP password to enter the LIQPAY web interface. The password is sent as an SMS message to the mobile phone number specified in the form. Registration is understood as the provision by the Client of the Bank of the information necessary to identify the Client, in accordance with the registration form (form), the completion of which is offered to the User upon acceptance. The Client undertakes to provide reliable personal data and relevant information when registering in the LIQPAY web interface.
5.5. The term of acceptance is not limited.
5.6. At the time of acceptance, the Client is assigned a unique account in the LIQPAY web interface corresponding to the mobile phone number specified by the User in the form.
5.7. The Agreement is considered concluded and takes effect from the moment of acceptance, determined by the time the User enters on the Site a unique one-time password received at the phone number specified during registration.
5.8. The Agreement is valid for an indefinite period or until terminated on the grounds determined by the terms of the Agreement and / or the norms of the current legislation of Ukraine.

6. Responsibility of the Parties
6.1. The Bank is not responsible for malfunctions, errors and failures in the operation of software and/or hardware that ensure the functioning of the LIQPAY web interface, which have arisen due to reasons beyond the control of the Bank, as well as the Client’s losses associated with this.
6.2. The Bank is not responsible for the Client’s temporary lack of access to software and/or hardware, which ensures the functioning of the LIQPAY web-interface, as well as the Client’s losses associated with this.
6.3. The Bank is not responsible for the Client’s losses resulting from illegal actions of third parties, including those related to the Client’s loss of a SIM card with a mobile phone number, which is a Verification confirmation.
6.4. The Bank is not responsible for the Client’s losses resulting from:
6.4.1. The presence of “viruses” and other malicious programs in the equipment and software used by the Client to access the LIQPAY web interface;
6.4.2. Incorrect completion of counterparty details when transferring funds using the LIQPAY web interface;
6.4.3. Violation by the Client of the Agreement and recommendations for using the LIQPAY web interface posted on the site www.liqpay.com ;
6.5. The Parties are released from liability for full or partial failure to fulfill their obligations under the Agreement, if this is a consequence of force majeure circumstances that arose after the entry into force of the Agreement, as a result of emergency events that could not be foreseen and prevented by reasonable measures.
6.6. In other cases, non-fulfillment or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of Ukraine, taking into account the terms of the Agreement.

7. Modification and termination of the Agreement
7.1. The Bank has the right to unilaterally amend this Agreement by publishing the amendments on the Website www.liqpay.com< /a> . Changes come into force from the moment of publication, unless another date for the entry into force of changes is additionally determined when they are published.
7.1.1. When the Bank makes significant changes to the Agreement that affect the ability to use the LIQPAY web interface by the Client, the Bank notifies the Client about them on the Website www.liqpay.com at least three days before the change takes effect. If the Client does not agree with the change in the terms of the Agreement, the latter has the right to terminate the Agreement within the specified period.
7.2. This Agreement may be terminated at the initiative of one of the Parties:
7.2.1. On the initiative of the Bank by sending a corresponding message using the LIQPAY web interface. The Agreement shall be deemed terminated ten days after receipt of said notice;
7.2.2. At the initiative of the Bank, if the Client does not use the services in the LIQPAY web interface for more than 12 calendar months in a row (cooperation in this case means the execution of money transfer transactions). The agreement is considered terminated after ten days from the moment the Bank sends the relevant notification using the LIQPAY web interface.
7.2.3. On other grounds provided for by this agreement and / or the current legislation of Ukraine.
8. Dispute Resolution
8.1. All disputes and disagreements arising or arising from this agreement shall be resolved through negotiations on the basis of a written application of the Client. After receiving a claim from the Client, the Bank is obliged within 60 (sixty) working days to satisfy the stated claims or send a reasoned refusal to the Client. All necessary documents must be attached to the responsibility. If the dispute that has arisen is not resolved in the complaint procedure within 120 (one hundred and twenty) working days, each of the Parties has the right to apply to the court for resolution of the dispute.
9. Other provisions
9.1. The User guarantees that all the terms of this Agreement are clear to him, and he accepts them unconditionally and in full.
9.2. The User guarantees that he will not use the LIQPAY web interface for purposes other than those specified in the Agreement on the site www .liqpay.com

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