liqpay User Agreement

Payment service that allows instant payments using a mobile phone, the Internet and Visa, Master payment cards

Bank: PUBLIC JOINT STOCK COMPANY «COMMERCIAL BANK «PRIVATBANK» (Address: 49094, Dnipropetrovsk, Naberezhna Peremogy str., 50, box office 32009100400 in the Regional Department No. 02800016),based on the license of the National 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 number of individuals the opportunity to receive transfer services Agreement on the following:

1. Subject of the Agreement

1.1 The Bank, as the Operator, undertakes to accept/transfer funds from Clients via the LIQPAY web interface.
1.2. The quality of services provided by the Bank under this Agreement must comply with the legislation of Ukraine, regulatory acts of the NBU regulating transactions using Cards.
1.2.1. The Bank's relations with the Client when providing services via the LIQPAY web interface are regulated by the following regulatory acts:
1.2.1.1. The Law of Ukraine "On Banks and Banking Activities" dated 07.12.00 N 2121-III.
1.2.1.2. The Law of Ukraine "On Payment Systems and Money Transfers in Ukraine" dated 05.04.01 N 2346-III.
1.2.1.3. Regulations on the implementation of operations using special payment instruments, approved by the Resolution of the Board of the National Bank of Ukraine dated 30.04.10 N 223.
1.2.1.4. Instructions 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 12.11.03 N 492.
1.2.1.5. Instructions on non-cash payments in Ukraine in national currency, approved by the Resolution of the Board of the National Bank of Ukraine dated 21.01.04 No. 22.
1.2.1.6. Resolution of the National Bank of Ukraine dated 16.09.2013 No. 365
1.3. This Agreement is publicly communicated to 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 of registration of the Client in the LIQPAY web interface.
1.5. Each Party guarantees to the other Party that it has the necessary legal and legal capacity, as well as all rights and powers necessary and sufficient to conclude and execute the Agreement in accordance with its terms.
1.6. The Client assures that he does not intend to use the LIQPAY web interface to conduct transactions related to the implementation of entrepreneurial activities.

2. Terms and definitions used in the Agreement

2.1. Terms not specified in this section are used in the text of this Agreement in the meanings in accordance with the legislation of Ukraine and generally accepted terminology.
Verification – is a check of the Client's personal data, during which the request is routed through the Bank. When the Client enters the correct Login and Password and confirms it with the One-Time Password OTP, the Bank allows entry to the LIQPAY web interface.
Remote Order – is an order to the Bank to perform a certain operation, transmitted by the Client via an agreed access channel with the passage of certain rules for the procedure for transmitting orders.
Identification – is a procedure stipulated by 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 12.11.03.
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, the amount per one unit of the card currency is blocked on the card for a period of up to 30 days.
One-time Password OTP - a digital one-time password that is delivered using the «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 the Bank's trademark, a unique web interface for entering payment details on the Internet and initiating a transfer of funds.
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 instructions contained in the Remote Order sent to the Bank.
3.2. Procedure for registering a Client in the LIQPAY web interface.
3.2.1 A Registered Client is any Client who has logged in to the Website www.liqpay.com at least once and performed a Payment Card Verification Transaction.
3.2.2 Authorization on the Website www.liqpay.com for Clients is carried out exclusively using a One-Time Password (OTP).
3.2.3 A Payment Card Verification Transaction is considered successful after blocking an amount in the amount of one unit of the card's currency.
3.3. The Bank's obligations under the Agreement are limited to receiving funds from Clients and transferring funds to the persons to whom they are intended. counterparty, and accordingly:

does not regulate or control the legality of the transaction, its conditions, as well as the fact and consequences of concluding, performing and terminating the transaction, including in terms of returning payment under such an agreement;
does not consider the Client's claims regarding the counterparties' failure to fulfill (improper fulfillment) of their obligations under the agreement, including obligations to transfer goods, provide services/perform work.

3.4. The Bank has the right to request from the Client documents and information necessary to establish his identity, financial condition, and determine his activities.
3.5. The counterparty to whose address the Client initiates the transfer is indicated by the Client in the Remote Order.
3.6.

not to disclose the Client's login and password information to third parties.
provide the Bank with reliable information necessary for transactions;
perform transactions in accordance with the terms of this Agreement;
at the Bank's request, provide the necessary documents, information and other data to identify the Client, determine the nature of his activities and financial condition in order to comply with the requirements of the legislation regulating relations in the field of preventing the legalization (laundering) of proceeds from crime;
not to use prepaid cards as a means of payment
pay for the Bank's services in accordance with 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 and conditions of use of the LIQPAY web interface, which determine the rights and obligations of the Parties.

3.7.1. Within the framework of the Agreement, the Bank has the right:
3.7.1.1. To stop the operation of software and/or hardware that ensure the functioning of the web interface, upon detection of significant malfunctions, errors and failures, as well as in order to carry out preventive work and prevent unauthorized access to the web interface;
3.7.1.2. To require the Client to provide data identifying the Client in cases:

when the Bank has reason to assume 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. To terminate the Client's ability to use the LIQPAY web interface under the following conditions:

the Bank has doubts about the legality of the Client's actions in sending the Client a request to confirm identification, as well as the source of funds for the transfer using the LIQPAY web interface;
the Client's violation of the terms of this Agreement;
in other cases where the transfer may cause losses to the Bank, the counterparty or third parties.

3.7.2. Not to service requests to the Server from anonymous proxy servers;
3.7.3. To 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.
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, while information about significant changes to the terms of the Agreement, changes in tariffs is published no later than three days before such changes come into force.
3.9. The Client has the right not to require the Bank to return the amount of the transfer from the Bank's transit account to him after thirty business 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 to clarify the recipient's details.
3.10. In cases stipulated by the Resolution 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 funds received at the Client's address in foreign currency within Ukraine on the interbank foreign exchange market of Ukraine and credit the hryvnia equivalent of the currency. In this case, the identified Client who 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 funds as compensation for the Bank's expenses and/or remuneration related to the Bank's performance of its obligations under this Agreement (hereinafter referred to as the Tariff). The amounts of the Tariffs, the grounds, conditions and the moment of their payment by the Client are provided on the Website www.liqpay.com.
4.2. Payment of the Tariff by the Client is carried out by withholding the relevant amount by the Bank in the manner described on the Website www.liqpay.com.

5. Procedure for concluding and term of the Agreement

5.1. The Agreement on the use of the LIQPAY web interface is concluded between the Bank and the Client in the form of an accession agreement (Article 634 of the Civil Code of Ukraine).
5.2. Acceptance of the terms of the Agreement is the Client's performance of the actions specified in clause 5.4. of this Agreement.
5.3. Acceptance of the terms of the Agreement means the Client's full and unconditional acceptance of all 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 reviewing its terms on the Website www.liqpay.com by collectively performing the following actions:
5.4.1. Reviewing the terms of the Agreement and accepting them 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 Website, which is accompanied by sending the Client an OTP password to log in to the LIQPAY web interface. The password is sent as an SMS message to the mobile phone number specified in the form. Registration means the Client providing the Bank with the information necessary to identify the Client, in accordance with the registration form (form),which is offered to the User during acceptance. The Client undertakes to provide reliable personal data and information that is true when registering in the LIQPAY web interface.
5.5. The acceptance period is not limited.
5.6. At the time of acceptance, the Client is provided with 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 enters into force from the moment of acceptance, which is determined by the time the User enters the unique one-time password received on the Site to the phone number specified during registration.
5.8. The Agreement is valid for an indefinite period or until terminated on the grounds specified in the terms of the Agreement and/or the norms of the current legislation of Ukraine.

6. Liability 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 arose for reasons beyond the control of the Bank, as well as any losses of the Client associated with this.
6.2. The Bank is not responsible for the Client's temporary lack of access to software and/or hardware that ensure the functioning of the LIQPAY web interface, as well as any losses of the Client associated with this.
6.3. The Bank is not liable for the Client's losses arising from unlawful actions of third parties, including those related to the Client's loss of the SIM card with the mobile phone number, which is a confirmation of Verification.
6.4. The Bank is not liable for the Client's losses arising from:
6.4.1. The presence of "viruses" and other malicious programs in the equipment and software that the Client uses to access the LIQPAY web interface;
6.4.2. Incorrect filling in the counterparty's 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 Website www.liqpay.com;
6.5. The Parties are exempt from liability for full or partial failure to fulfill their obligations under the Agreement, if this was a consequence of force majeure circumstances that arose after the Agreement entered into force, as a result of extraordinary events that could not have been foreseen and prevented by reasonable measures.
6.6. In other cases of failure to fulfill 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. Amendment 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.
7.1.1 If the Bank makes significant amendments to the Agreement that affect the ability of the Client to use the LIQPAY web interface, the Bank shall notify the Client of such amendments on the Website www.liqpay.com, no later than three days before the Agreement enters into force. If the Agreement is not accepted, the Client shall not accept it.
7.2. This Agreement may be terminated at the initiative of one of the Parties:
7.2.1. At the initiative of the Bank, by sending a corresponding notification via the LIQPAY web interface, the Agreement shall be deemed terminated ten days after receipt of the specified notification;
7.2.2. At the Bank's initiative, if the Client does not use the services in the LIQPAY web interface for more than 12 consecutive calendar months (use in this case means making money transfer transactions),the Agreement shall be considered terminated ten days from the moment the Bank sends the relevant Interface.
7.2.3. For other reasons stipulated by this Agreement and/or the current legislation of Ukraine.

8. Dispute Resolution

8.1. All disputes and disagreements that have arisen or may arise from this Agreement shall be resolved through negotiations on the basis of a written application from the Client. After receiving a claim from the Client, the Bank is obliged to satisfy all necessary requirements within 60 (sixty) business days. if the dispute is not resolved through a claim procedure within 120 (one hundred and twenty) business days, either Party has the right to seek resolution of the dispute in court.

9. Other provisions

9.1. The User guarantees that all terms of this Agreement are understood, and he accepts them unconditionally and in full.
9.2. The User guarantees that he will not use the LIQPAY web interface for any purpose other than those specified in the Agreement and on the website www.liqpay.com.