PayPassporte Terms and Conditions of Use
1.1. Prior to using the services of PayPassporte System (hereinafter referred to as the System), the Customer must read and accept PayPassporte Terms and Conditions of Use (hereinafter referred to as the Terms and Conditions). In case a Customer does not accept the Terms and Conditions, he shall not be entitled to use the System. The Terms and Conditions may be changed at any time without additional notices. The updated edition of the Terms and Conditions is published on the website https://paypassporte.com/ (hereinafter referred to as the Website).
1.2. This document is PayPassporte 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.
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. Verefication shall mean a special procedure of a Customer's providing to PayPassporte System such Customer's personal data as required by law or under these Terms and Conditions.
2.4. Verified Customer shall mean a registered Customer whose identity was successfully verified during the Verification procedure.
2.5. 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.
2.6. 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.
2.7. Unverified Customer shall mean a registered Customer whose identity was not verified: an Unverified Customer may use the Services with restrictions as set forth in these Terms and Conditions.
2.8. Transaction shall mean any transfer of Funds via the System.
2.9. 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.
2.10. Registration shall mean the result of entering a person's data in the System, after which a Customer is identified by the System.
2.11. System shall mean a set of hardware and software developed, created and operating for the purpose of PayPassporte System providing the System's Services to a Customer.
2.12. Funds shall mean electronic money what is owned by a Customer and accounted for as funds in this Customer's Wallet.
2.13. Parties shall mean PayPassporte System and a Customer referred to jointly.
2.14. GWS (Goods, Works and/or Services) shall mean goods (works, services) payment for which is received by a Customer via the System's Services.
2.15. Services (System's Services) shall mean Transactions involving Funds in Customers' Wallets made via the System.
3. General Provisions
3.1. These Terms and Conditions determin terms, conditions, and order of providing the following services to the Customer by PayPassporte System:
3.1.1. Opening an account in the System for the Customer;
3.1.2. Receiving Incoming Orders;
3.1.3. Executing Outgoing Orders;
3.1.4. Executing other operations using the System under these Terms and Conditions.
3.2. Providing Services to the Customer is being carried out on the 24 hours / 7 days a week basis. All actions which are fulfilled in non-automatic mode (including Customer Support Service), are executed by PayPassporte System according to the schedule published on the Website. PayPassporte System shall notify the Customer about the planned maintenance works which may affect the availability of the Service as well as the time period when the Service might be unavailable by any way PayPassporte System deems appropriate.
4. PayPassporte Wallet
4.1. After the 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.
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 Status, type of Wallet, and other factors that PayPassporte System may take into account.
4.4. PayPassporte System gives the Customer a possibility to use personalized Wallets or not personalized Wallets.
4.5. The Customer may open a Wallet if that is legally permitted and lawful in this Customer's country of jurisdiction.
4.6. The information on the Customer's Transactions and use of the Wallet is recorded and kept by PayPassport System for the duration of the effective period of these Terms and Conditions and for a period of 5 years after that.
4.7. Access to the Wallet and any Transactions involving the use of the Wallet are only possible after the Customer's Authorization.
4.8. Logins and Payment Passwords are created by the Customer and may be changed at any moment.
4.9. The Customer is responsible for keeping his Authorization Details confidential. Any actions related to the Wallet performed with the use of correct Authorization Details shall be considered performed by the Customer.
4.10. In the event of the Customer losing his Authorization Details PayPassporte System shall give the Customer a possibility to recover access to the Wallet.
4.11. The Administrator may block the Customer's Wallet (suspend Transfers from the Customer's Wallet) in certain cases in accordance with the Terms and Conditions and under applicable laws.
4.12. The Customer may close his Wallet by contacting the Customer Support Service.
5.1. The Customer may add funds to his Wallet on the Website by following the relevant instructions for funding his Wallet.
5.2. Wallet funding methods are payment services provided by third parties, therefore they are not a part of the System's Services.
5.3. PayPassporte System may restrict the available methods of funding the Wallet for certain categories of Customers.
5.4. The limits for funding the Wallet may be applied for security reasons.
5.5. The fees may be applied when funding the Wallet .
5.6. PayPassporte System may restrict the list of payees of Funds for certain categories of Customers.
5.7. The Customer may choose a method for withdrawing Funds when creating a withdrawal request on the Website. During the withdrawal of Funds the Customer may be requested to undergo the Verification procedure. For the withdrawal of Funds there must be sufficient Funds in the Customer's Wallet to cover the Fees for the withdrawal.
5.8. PayPassporte System may restrict the available methods of Funds withdrawal for certain categories of Customers.
5.9. The Customer shall not require the cancellation of the Transaction which was executed by the Customer in the System.
6. Tariffs and Fees
6.1. PayPassporte System shall charge fees for the Services provided to the Customer (hereinafter the Fees). The amount and procedures of charging the Fees are specified in the Tariffs.
6.2. The Tariffs are published on the Website.
6.3. PayPassporte System may unilaterally change the Tariffs. Such changes and amendments shall come into effect from the day of publishing on the Website.
6.4. All applicable Fees are debited to the Customer's Wallet by PayPassporte System upon the completion of the Transaction that creates the Customer's obligations to pay this Fee or at the moment when PayPassporte System has substantiated grounds or information that constitutes the System's claim to charge the Customer this Fee.
6.5. If the Funds available in the Customer's Wallet are insufficient to charge the applicable Fees, PayPassporte System may decline the Transaction or request the Customer to pay the Fees.
7. Liability of the Customer
7.1. The Customer shall bear responsibility for all Transactions executed in his Wallet, including any Transactions with the use of bank payment cards. These Transactions shall include any transactions executed by the Customer's employees, managers, subcontractors and/or consultants, authorized persons, agents and affiliates or other persons or parties that have access to the Customer's Wallet.
7.2. The Customer himself is responsible for compliance with applicable legislation, including legislation on combating the legalization of proceeds from crime and terrorist financing; of cash and non-cash transactions; on personal data protection; tax legislation; banking law; currency legislation.
7.3. The presence of malware on the Customer's computer (as well as on any other medium which interacts with the computer at the time working with the System) places the responsibility for all the losses incurred when using the System on the Customer.
7.4. The Customer guarantees that he has all the necessary knowledge to use the System.
7.5. The Customer agrees not to use the access to the System for any illegal (unlawful) activities. In case of violation of this requirement PayPassporte System has the right to block the Customer's account and / or the Transaction for the time period needed for the investigation of the case and / or until the decision of the court and / or other public authority regading the Customer's activities and the Funds of the Customer's Wallet is made.
7.6. The Customer's obligations may be debited to the Customer's Wallet by PayPassporte System without notice. When there are insufficient Funds in the Customer's Wallet, PayPassporte System may request the Customer to add required funds to his Wallet or proceed with the relevant debt collection procedures against the Customer.
7.7. The Customer shall not undertake any actiond that could mislead other parties about the Services offered by PayPassporte System which can directly or indirectly damage PayPassporte reputation, including but not limited to impersonating themselves as representatives of PayPassporte System in any way or context, providing false data related to the System including but not limited to falsifying Transaction IDs, Wallet Ids, etc., text, screenshots or any other media, creating clones of the Website and other similar activities. In case of violation PayPassporte System reserves the right to block accounts, freeze funds for the period of investigation, and limit the usage of the System in other ways. PayPassporte System also reserves the right to pursue legal action in courts of applicable jurisdiction, including cases when the violation is made by other persons which are not Customers of PayPassporte System.
8.1. PayPassporte System shall have no responsibility to the Customer in the event of :
8.1.1. The Customer's transfer of his Authorization Details to any third parties, deliberate provision of the access to his Wallet in the System or any other violation of the confidentiality of a Customer's information.
8.1.2. Presence of any viruses or any other Malicious Software in the hardware and software used by the Customer to access the System.
8.1.3. Illegal activities of any third parties, including those related to the use of the Customer's Registration and Customer's email.
8.1.4. Any disputes related to GSW sale-purchase transactions or other transactions between Customers made via the System.
8.1.5. Complaints of tax, regulation and law enforcement authorities regarding any documentation or taxation in relation to the Customer's Transactions involving the System.
8.2. PayPassporte System shall not be responsible for temporary showdowns of the Systems, failures and errors 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 PayPassporte System; in such cases PayPassporte System shall not be responsible for any of the Customer's losses or costs.
8.3. PayPassporte System shall not be responsible for :
8.3.1. Any consequences of inability to contact the Customer using the Contact details provided by the Customer, as well as the Customer's providing incorrect information to the System or the Customer's failure to update the Contact details.
8.3.2. The Customer's losses resulting from the impossibility of the Customer's Verification.
8.3.3. Any payment services provided to the Customer by any third parties.
8.3.4. Any actions by GSW providers whose websites the Customer visits using a link or information on the Website.
8.3.5. The Customer's losses resulting from the Customer's failure to read the current version of the Terms and Conditions.
8.4. In the event of the loss of the Authorization Details, the Wallet being blocked by the System, the Customer's loss of the Password or other events that may require the Customer's Verification, PayPassporte System shall have no responsibility to the Unverified Customer for any possible losses and the impossibility to use the Wallet.
8.5. PayPassporte System shall not be responsible for any losses incurred by the Customer or any third parties as a result of:
8.5.1. the Wallet being blocked;
8.5.2. impossibility to execute Transactions through the Wallet regardless of the reasons for such impossibility;
8.5.3. incorrect execution of Payment Orders;
8.5.4. issuing erroneous Payment Orders to credit and/or debit Funds to the Wallet;
8.6. PayPassporte System shall not be responsible for any indirect or consequential losses incurred by the Customer or any third parties including any loss of profit, loss (non-receipt, unsubstantiated spending) of revenue, contracts, customers, time, data, enterprise, or reputation.
9. Effective Term and Termination of Obligations
9.1. The Customer may unilaterally refuse to comply with the provisions and requirements of the Terms and Conditions provided there are no unfulfilled Customer's obligations to PayPassporte System and/or any third parties interacting with the Customer through the System and/or the Services.
9.2. PayPassporte System may withhold the Customer's Funds until the latter fully repays all financial obligations and use such Funds as a payment for the Customer's debt related to the Customer's obligations.