GOPAY means the company GOPAY s. r. o., with its registered office at Planá 67, 370 01 České Budějovice, company registration number: 260 467 68, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 11030. The terms “we”, “us”, “our” and similar used in these Terms and Conditions have the same meaning. GOPAY is an electronic money institution which issues electronic money within the meaning of Section 4 of the Payments Act and operates the GoPay Payment System.

The Contract means the contract between us and you on the issuance and use of Electronic Money within the meaning of these Terms and Conditions.

The Terms and Conditions mean these terms, which govern the formation and termination of the Contract on the issuance and use of Electronic Money between us and you as the holder of Electronic Money, and also the obligations of both parties. The Terms and Conditions are issued by GOPAY.

The Fee Schedule means the schedule of charges and fees connected with operating the GoPay Payment System issued by us.

The Payments Act means Czech Act No. 370/2017 Coll., on payments, as amended, which applies in the territory of the Czech Republic.

A Client means a natural or legal person who, on the basis of the Contract, uses Electronic Money issued by GOPAY and recorded in the GoPay Payment System. The terms “you”, “your” and similar used in these Terms and Conditions have the same meaning. The Client is a holder of electronic money within the meaning of Section 1(d) of the Payments Act.

Electronic Money means, within the meaning of Section 4(1) of the Payments Act, monetary value which:

Issuance of Electronic Money means the exchange of funds remitted for a Client, whose recipient is GOPAY, for Electronic Money in an amount corresponding to the nominal value of the funds remitted. Once issued, the Electronic Money is credited to the Client's GoPay account.

Payment in Electronic Money means the use of Electronic Money by individual Clients for cashless payments between them, by debiting the relevant amount of Electronic Money from the payer's GoPay account and crediting it to the payee's GoPay account.

Redemption of Electronic Money means the exchange of Electronic Money for banknotes, coins or cashless funds in an amount corresponding to the nominal value of the Electronic Money exchanged, carried out by GOPAY at the Client's request.

The GoPay Payment System means the set of GOPAY's software and system solutions that enables payments on the internet or by other electronic means, in particular:

A GoPay account means the account assigned to a Client in the GoPay Payment System, on which the Client's Electronic Money is recorded and held. A GoPay account is a payment instrument under the Payments Act.

The Security Rules mean the set of legislation of the Czech Republic and the European Union, international treaties, rules of the card schemes and of other banking and non-banking entities that apply to our activities and/or govern the issuance and use of Electronic Money. Among other things, the Security Rules define the list of goods, services or activities whose trading is prohibited or subject to special provisions or rules (risky commodities). The Client must comply with the Security Rules.

The AML rules govern the procedures by which we prevent the legalisation of the proceeds of crime and the financing of terrorism. The AML rules are based on Act No. 253/2008 Coll., on certain measures against the legalisation of the proceeds of crime and the financing of terrorism, as amended.

The Privacy policy (the “Privacy rules”) governs how we approach the processing of personal data and secure its protection. We follow Czech Act No. 101/2000 Coll., on the protection of personal data and amending certain acts, and Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the ‚GDPR‘).

We hold authorisation from the Czech National Bank to operate as an electronic money institution within the meaning of Czech Act No. 370/2017 Coll., on payments, and we are authorised to issue Electronic Money and to provide payment services relating to Electronic Money. We are subject to supervision by the Czech National Bank.

We are the operator of the GoPay Payment System.

These Terms and Conditions set out the rules for opening, using and closing a GoPay account.

You acknowledge and accept that the issuance of Electronic Money and the carrying out of payment transactions are governed by the Security Rules. These Security Rules develop continuously independently of GOPAY's will and define, among other things, the rules for issuing Electronic Money and working with it. These Terms and Conditions must therefore be interpreted and understood in accordance with the Security Rules, to which the Terms and Conditions are subordinate.

The Contract between you and us is concluded at the moment you enter the required details into the Registration form and agree to these Terms and Conditions. At that moment you call on us to start performing the Contract without delay and a GoPay account will be opened for you.

The Contract is always concluded at your request and for an indefinite period.

In addition to these Terms and Conditions, the contractual relationship between you and us is governed by the Fee Schedule. By agreeing to the Terms and Conditions you also approve the Fee Schedule.

Please note that when opening a GoPay account we may require identification details from you to the extent corresponding to the level of verification of the GoPay account selected, and that until the identification details requested are verified, some functions of the GoPay account may be limited.

The GoPay Payment System offers various levels of GoPay account, which generally differ depending on the level of identification you have completed. Depending on that level, limits are set in particular for the maximum permitted volume of Electronic Money sent from the GoPay account during a calendar year and the maximum permitted volume of Redemption of Electronic Money per calendar year. Details are given on our website. If the limits set are to be exceeded, we may require your identification to be carried out or further identification details or documents to be submitted. Until you complete your identification in accordance with our request, we are entitled to proceed under these Terms and Conditions.

If your identification under the Security Rules is not carried out, you may have only one GoPay account. Where these Terms and Conditions refer to a GoPay account in the singular and you have several GoPay accounts opened in accordance with these Terms and Conditions, this always means all your GoPay accounts.

A GoPay account can be maintained in several currencies at the same time, depending on the currency in which Electronic Money was credited to the GoPay account. Please note, however, that Electronic Money can only be credited to a GoPay account in certain currencies accepted by us.

You can generally increase the balance on your GoPay account by transferring or having funds transferred to one of our bank accounts in order to exchange them for Electronic Money.

Funds entrusted for transfer in order to increase the balance of your GoPay account and whose recipient is to be our company pass into our control upon being entrusted and are deemed received by us at that moment, unless the funds were already received by law when the payment order for the transfer of funds was submitted.

You can use the Electronic Money on your GoPay account for payments in favour of other Clients' GoPay accounts, and you can also carry out a Redemption of Electronic Money recorded as available on your GoPay account at any time.

Please note that carrying out an order for the Redemption of Electronic Money may take up to 5 working days from submitting that order.

The available balance of Electronic Money on your GoPay account is available to you at any time.

The balance of Electronic Money on your GoPay account does not bear interest.

You acknowledge that, in view of the regulation of interchange fees, we are entitled to delay the settlement of transactions where, because of the absence of the necessary information from payment service providers and other third parties, we are unable to provide information about the detailed breakdown of the transaction fees, until we obtain it.

We credit the funds being transferred to your GoPay account immediately, but we reserve the right to make these funds available to you only when we actually receive them from the payment method providers. We may, however, debit funds credited to the GoPay account from the GoPay account again if we do not receive the funds transferred within the usual period. If that happens, we will reduce the balance on your GoPay account by the amount of the funds we have not received. If the balance on your GoPay account is not sufficient for this purpose, however, we reserve the right to claim payment of those funds in the corresponding amount from you.

If Electronic Money is remitted to your GoPay account that has been closed, your GoPay account will be restored and the Electronic Money remitted will be credited to it. In that case we have the right to require the GoPay account to be activated again and also to require your identification to be carried out or further identification details or documents to be submitted.

We reserve the right to call on you at any time, even without giving a reason, to carry out identification or to submit further identification details or documents under the Security Rules. You must comply with such a request without delay. Please also note that you must provide us with your identification details if you claim compensation from the Deposit Insurance Fund in connection with your GoPay account, to the extent and in the manner laid down by law. If you do not comply with this obligation, compensation from the Deposit Insurance Fund cannot be claimed. You must also provide us with your identification details if you intend to use your GoPay account to take part in gambling, to the extent and in the manner laid down by gambling legislation. If you do not comply with this obligation, the GoPay account cannot be used to take part in gambling.

It is strictly prohibited to use a GoPay account in connection with the sale, resale or supply of items, the provision of services or the carrying out of activities whose trading is prohibited by law. We continuously maintain, to the best of our knowledge and belief, an indicative list of activities considered prohibited by law. You will find the list of prohibited categories here.

It is prohibited to use a GoPay account in connection with the sale, resale or supply of items, the provision of services or the carrying out of activities whose trading is generally considered risky or dangerous, without GOPAY's prior consent. Activities considered risky or dangerous are in particular those involving goods or commodities used in connection with committing crime, including fraud, terrorism and so on, or associated with a high degree of financial risk, or subject to special regulatory measures, or which may be considered immoral, unethical or offensive generally or by certain groups of the population. We continuously maintain, to the best of our knowledge and belief, an indicative list of activities considered risky or dangerous. You will find the list of risky categories here.

If you have any doubts as to whether the activity you carry out falls into one of the categories above, you should contact our operations department.

We reserve the right to grant an exemption from the risky or dangerous categories for certain activities in justified cases, provided that compliance with the relevant national and international legislation is always ensured.

If, without our prior consent, you carry out or attempt to carry out any transaction that breaches the rules set out in the Terms and Conditions, or if you enable such a transaction to be carried out, we reserve the right to:

We reserve the right to set transaction and volume limits for individual payment transactions.

The fact that a person accepts payments through the GoPay Payment System does not mean that this person supplies goods or provides services in accordance with the relevant legislation or that their activity is lawful.

In connection with your GoPay account you may use payment instruments (such as bank accounts or payment cards) only if you are the authorised owner or holder of those payment instruments and they are held in your name.

By agreeing to the Terms and Conditions you declare and warrant that you are not a politically exposed person within the meaning of Section 4(5) of Czech Act No. 253/2008 Coll., on certain measures against the legalisation of the proceeds of crime and the financing of terrorism, as amended, and that you are not a person excluded from the possibility of holding and disposing of Electronic Money. Otherwise you must contact us so that we can verify together under what conditions you might be entitled to use the GoPay Payment System.

We reserve the right to set a reserve on your GoPay account.

We may set the amount of the reserve at any time at our sole discretion, as a specific amount, a percentage of the volume of Electronic Money credited to the GoPay account over a certain previous period, or a combination of both. We will always notify you when a reserve is set on your GoPay account, as well as of any future change to it or its cancellation, if we take such a decision at our sole discretion.

The reserve serves to secure any claims that any third party may have against you, or our claims against you. A reserve means that a certain part of the Electronic Money on the GoPay account cannot be used for a Payment in Electronic Money or for other disposals, including Redemption of Electronic Money. This does not affect your right under Section 194(1) of the Payments Act. You approve the setting of a reserve under this point by submitting the first payment transaction in your GoPay account after we exercise this right.

We reserve the right to require you to increase the balance of Electronic Money on your GoPay account in order to meet our requirement for a reserve.

If insolvency proceedings are commenced against you or in connection with you, or proceedings in which your assets or the assets of persons connected with you are secured or at risk of being secured, or proceedings in connection with which we may suffer any damage or other harm, you must pay us a risk fee in the amount of the reserve, which is hereby used to pay that risk fee. You must inform us of the commencement of such proceedings under the previous sentence without delay. We are entitled to regard such proceedings as commenced as soon as we become aware of the possible existence of such proceedings from public sources or from contact with public authorities. If you fulfil all your obligations towards us and if at the same time there is no reasonable risk that a future obligation towards our company will arise for you in connection with our contractual relationship, we must return to you an amount equal to the reserve. If there is no reasonable risk that an obligation towards our company will arise for you in the future in connection with our contractual relationship, we must return to you an amount equal to the reserve, less your unpaid obligations towards us.

Neither the range nor the availability of payment methods in your GoPay account is guaranteed, unless expressly agreed otherwise.

You acknowledge that the providers of the individual payment services (in particular in the case of payment services provided through payment cards) may be entitled at any time to require us to stop providing you with such a payment service in relation to your GoPay account. In that case we must suspend the provision of the service to you immediately; you agree to and understand this entitlement.

We are entitled, to the extent necessary and with immediate effect, to terminate, suspend or restrict the provision of services or to block your GoPay account in justified cases. This applies in particular where we come to suspect unlawful conduct, in particular use of the GoPay account contrary to the Terms and Conditions, unauthorised use of your GoPay account, or a breach of the Security Rules. Unblocking your GoPay account or restoring the services is conditional on the shortcomings above being remedied.

Unless agreed otherwise in writing between GOPAY and you, we are entitled to suspend or restrict the provision of services for the time strictly necessary during modifications, maintenance or repairs of the GoPay Payment System, whose availability is a condition for providing the services. In that case we must inform you in advance of the reasons for and the duration of the suspension or restriction of the provision of services. A suspension or restriction of the provision of services under the conditions in this paragraph is not considered a breach of contractual obligations and does not affect any other obligations of the contracting parties.

We will inform you of the introduction of measures under this article of the Terms and Conditions and of the reasons for them, unless stipulated otherwise.

You acknowledge and agree that the exercise of any of our rights under this article of the Terms and Conditions does not give rise to any claim by you to any compensation or damages.

We are entitled to terminate the Contract at any time, with the contractual relationship ending on expiry of a notice period of 2 months based on notice delivered to you, unless we specify a later moment for ending the contractual relationship in the notice. The right to settle the balance of Electronic Money on your GoPay account is always guaranteed.

We reserve the right to withdraw from the Contract concluded with you with immediate effect if you breach these Terms and Conditions in a particularly serious manner or repeatedly.

We also reserve the right to withdraw from the Contract concluded with you with immediate effect without giving a reason within three months of the Contract being concluded, unless the law or other legislation precludes this.

You can close your GoPay account without giving a reason and thereby terminate the Contract, provided you have settled all your obligations towards us. On termination of the Contract all your obligations towards us automatically become due. If the conditions for giving notice are met, the contractual relationship ends when the order to close the GoPay account is submitted in the GoPay Payment System environment. You acknowledge that other ways of closing a GoPay account will not be accepted, unless the relevant legislation expressly provides otherwise.

By submitting an order to close a GoPay account you instruct us to carry out a Redemption of Electronic Money in the amount of the balance on the GoPay account under the following conditions:

If you are a consumer (i.e. a natural person who, in concluding and performing the Contract, is not acting within their business or other entrepreneurial activity or within the independent exercise of their profession), you have the right to withdraw from the Contract without giving reasons and without a contractual penalty within 14 days of the day the Contract was concluded, provided the Contract has not been performed. The withdrawal must be made in accordance with the conditions for mutual communication between the parties set out in these Terms and Conditions. If you withdraw from the Contract, you must pay us without delay the amount for the services actually provided up to that point according to the Fee Schedule.

We are not liable for damage you incur as a result of losing the password or other access credentials to your GoPay account.

Nor are we liable for damage you incur as a result of a Payment in Electronic Money made by mistake or a payment obtained from you by fraudulent or other dishonest intent.

We must archive all the materials and documents evidencing that a payment transaction took place for at least five years from the date of the transaction.

We are entitled to make systemic, technological, security and other quality improvements to the services of the GoPay Payment System, in line with the development of technology in this area, in order to improve the quality of the services provided.

You acknowledge that we are obliged to make systemic, technological, security or other quality improvements to the services of the GoPay Payment System where we are required to make such improvements by legislation or by rules arising from contractual obligations with payment method providers (including payment card services), or on the basis of an obligation assumed contractually in connection with providing the services of the GoPay Payment System.

Where an authorised person or authority orders us to transfer or remit your funds, against the receipt of which we issued Electronic Money, in order to settle a debt or another legal obligation of yours (in particular in enforcement or other similar proceedings), the delivery of such an order is deemed to be your request for a Redemption of Electronic Money to the extent specified by that order, and your claim against us becomes due for that reason. You agree that in such a case these funds of yours may be transferred or remitted according to the instruction of such an authorised person or authority. By transferring or remitting the funds according to the instruction of the authorised person or authority, we are released from our obligation towards you to the extent of the amount paid out in this way.

In your own interest, act and use your GoPay account so as not to endanger the security of your GoPay account or of other Clients' GoPay accounts; in particular, always observe the rules of safe behaviour on the internet and never disclose the access credentials to your GoPay account to anyone, even on request.

If you find that your password has been disclosed, or that there is a real risk of it being disclosed to an unauthorised person, notify us of this immediately and change your password at the same time.

Also notify us immediately of any circumstance giving rise to a suspicion of unlawful or other impermissible conduct, or of a suspicion that the GoPay Payment System is behaving incorrectly or of any error in it.

You bear liability for damage suffered as a result of:

You are also liable for damage that arose even though you could have prevented or averted it by taking measures in good time to remedy a defective or dangerous situation, in particular by failing to make the relevant notifications to us in good time under these Terms and Conditions.

If your personal or identification details change, or if there is a change in your ownership or management structure, you must update your personal or identification details or the details of your ownership or management structure in your GoPay account. If your GoPay account does not allow your personal or identification details or the details of your ownership or management structure to be updated, you must inform us of the change in these details and we will then arrange for them to be updated. We are not liable for any damage caused by your personal or identification details not being updated in good time or regularly. You manage the data we hold about you from your GoPay account environment.

If there is not a sufficient balance on your GoPay account to debit funds that we have to return as a result of a payment transaction being cancelled or not carried out, or that are to be debited from your GoPay account on the basis of these Terms and Conditions or on another legitimate ground, you must increase the balance on your GoPay account accordingly. If you fail to do so despite our request, this is considered a breach of these Terms and Conditions. We are entitled to call on you to fulfil this obligation and, where applicable, to take any measures to enforce it, including instructing a collection agency or a legal representative to pursue the relevant claim in court. At the same time we are entitled to require you to reimburse the costs demonstrably incurred by us in connection with your failure to fulfil this obligation.

If you use the application programming interface or other technical interfaces of the GoPay Payment System, you must follow and comply with the technical rules and our instructions, including any changes to them that we may make from time to time. If you breach these rules or instructions, you are liable for any damage arising in connection with that breach.

You must compensate us for all damage incurred by us in connection with your unlawful conduct. At the same time you acknowledge that this damage may also take the form of contractual penalties or other sanctions that we have to pay in connection with your unlawful conduct on the basis of a contract or legislation (e.g. fines imposed by the card schemes, the Czech National Bank or other administrative authorities). For the avoidance of doubt, it is stipulated that unlawful conduct also includes a breach of these Terms and Conditions, the Security Rules or any other terms you are required to comply with. In this connection we must warn you that the damage under this paragraph of the Terms and Conditions can reach a value of up to hundreds of thousands of EUR.

You are entitled to complain about incorrectly executed Payments in Electronic Money or about extraordinary events that occurred in connection with the GoPay Payment System, within 3 months of the event the complaint relates to.

You make a complaint by sending the relevant notice within the GoPay Payment System or to our e-mail address for complaint proceedings [email protected].

Once we receive the complaint we will investigate in order to determine whether it is justified. Within 15 working days of receiving the complaint we must inform you of the results of our investigation and of our position on the complaint. Where obstacles beyond our control arise, this period is extended to 35 working days in accordance with Section 258(2) of the Payments Act.

Where a complaint is justified, we must adopt and carry out corrective measures.

We are entitled to restrict your disposal of the amount of a payment transaction that is the subject of a complaint by the payer until that complaint is resolved. We are entitled to use this amount to pay any obligations of ours towards our contractual partner if, under the terms of the providers of the individual payment methods through which the payment transaction is carried out, we are obliged to return the amount that is the subject of the complaint. In the case of a complaint about a payment transaction you must, at our request, provide within five working days all the relevant information and materials, in particular electronic or other records of the communication that took place concerning that transaction, including any statement of yours on the course of that payment transaction.

You are not entitled to interest on the amount of an incorrectly executed Payment in Electronic Money.

You acknowledge and agree that the services offered within the GoPay Payment System, including the handling of Electronic Money, may be subject to fees according to the Fee Schedule and that you must pay these fees.

We issue the Fee Schedule in order to govern the reimbursement of costs and the fees connected with operating the GoPay Payment System. We have the right to amend the Fee Schedule unilaterally, and you agree to this right of ours. A change to the Fee Schedule is governed by the same rules as a change to these Terms and Conditions.

The Fee Schedule in its current wording is published on our website.

By agreeing to these Terms and Conditions you instruct us to deduct the charges and fees under the Fee Schedule from your GoPay account. If the balance on the GoPay account is not sufficient to deduct a charge or fee under the Fee Schedule, you must pay that charge or fee at our request.

A Redemption of Electronic Money may only be charged for if you request redemption before the day the legal relationship under the Contract ends or more than 1 year after that day.

If a new payment method is introduced that is not given in the Fee Schedule currently in effect, you give your consent to the fees for the Issuance of Electronic Money through that payment method by using the payment method for the first time, provided that you were informed of those fees in advance.

In the case of a payment made through the GoPay payment gateway, the fee for receiving Electronic Money is paid by the Client who is the final recipient of the amount remitted.

Where you use your GoPay account for commercial purposes without our prior consent, or change your business activity and/or the range you offer, we have the right to apply to you, without further ado, the fees normally applied to that business activity and/or range. We are entitled to charge you retrospectively the difference between the fees originally applied and the fees newly applied for the whole period during which you carried out that activity and/or offered that range without requesting our prior consent. You must pay us the difference in fees charged in this way.

If the balance on your GoPay account is not sufficient to pay a fee, the fee given in the Fee Schedule ceases to apply and a penalty fee of the same amount is applied instead.

Any individual agreement takes precedence over the general provisions of the Fee Schedule.

We reserve the right to grant a discount on the fees given in the Fee Schedule. The discount takes effect at the moment specified in the notice granting it.

Communication between us and you will take place in Czech, but you are also entitled to communicate with us in English. The parties may subsequently agree that communication may also take place in another language.

We will send each other notices and correspondence relating to this Contract by electronic mail to our contact e-mail addresses, and both parties consider this method of communication satisfactory, reliable and expedient. Only where mandatory legislation requires a notice or other document to be delivered by post or in another similar way will we communicate with each other in that way.

Your contact e-mail address is your primary e-mail address recorded in the GoPay Payment System. You are responsible for ensuring that your primary e-mail address works throughout the contractual relationship and that electronic mail can be sent to it. Our contact e-mail address is the e-mail address published on our website, unless we designate another contact e-mail address in a particular case. We bear no liability where you do not keep your primary e-mail address working or where you do not check the e-mail messages received regularly and do not reply or otherwise respond to them in good time.

We reserve the right to send you notices of an operational or promotional nature by internal communication in the GoPay Payment System or by electronic mail, and at the same time we reserve the right to require you to communicate with us on these matters in the same form. You also acknowledge and agree that we may occasionally send information to your e-mail address about the GoPay Payment System, about newly provided services, information about innovations and recommendations or tips for using the GoPay Payment System and other services we operate, as well as business tips and information about offers or services provided by our business partners. You can set whether or not you want to receive such information or communications in your GoPay account settings.

You agree to receiving information messages about the status of your GoPay account, about movements on your GoPay account and about news in the GoPay Payment System. You can stop such messages being sent by changing your GoPay account settings.

Where legislation requires us to provide certain information on a durable medium, we fulfil this obligation by permanently publishing that information on our website or by sending it to you by electronic mail in .pdf format to your contact e-mail address.

You undertake not to pass or make available to third parties, without our permission or without a statutory basis, information about the business and contractual terms agreed, or other information concerning our business activities, business or technological procedures and our know-how that you obtain in connection with the performance of contractual obligations, and in particular also about the integration process and the security mechanisms of the GoPay Payment System or defined parts of it.

You further undertake to prevent the software of the GoPay Payment System being made available to third parties.

Your obligations set out in this article continue even after the contractual relationship with us ends.

We undertake not to pass or make available to third parties, without your permission or without a statutory basis, information about the business and contractual terms agreed, or other information concerning your business activities that we have obtained in connection with the performance of contractual obligations. We are, however, entitled to pass this information and other data and materials obtained from you to a third party if we are required to do so by a contract concluded with the operator of one of the payment methods and if that third party is also bound by a duty of confidentiality under a contract concluded with us. Our obligation under this provision continues even after the contractual relationship with you ends.

The provisions of this article do not affect the fulfilment of notification or information obligations towards public authorities under the law or other legislation.

We have the right to amend these Terms and Conditions unilaterally according to the rules and conditions set out in this article. You agree to this right of ours.

If we amend the Terms and Conditions, we must notify you of the change at least two months in advance by a message containing a link to the new Terms and Conditions, from where you can print them or save them in electronic form.

If you are not a small business or a consumer, the period for notifying a change to the Terms and Conditions and also for changing the Fee Schedule is shortened to fourteen days.

You have the right to terminate the Contract free of charge and with immediate effect before the day the change to the Terms and Conditions is to take effect. If you do not terminate the Contract within that period, you are deemed to agree that the Contract will be governed by these new Terms and Conditions from the day they take effect.

The Terms and Conditions are issued in electronic form and are available on our website.

The Contract is concluded in the language version you selected in the GoPay Payment System environment, and the Czech language version of the Contract is always available to you as well. In the event of a conflict between the Czech language version of the Contract and another language version, the Czech language version always prevails. We archive the Contract once it is concluded. During the term of the Contract you have the right to obtain from us the content of the Contract and further information under Sections 134 to 139 of the Payments Act, or under other legislation.

The Contract is governed by Czech law and, in justified cases, also by the provisions on financial services contracts within the meaning of Section 1841 et seq. of Czech Act No. 89/2012 Coll., the Civil Code, as amended (as regards consumers), or by the legislation that subsequently replaces those provisions in the Civil Code, by the Payments Act and with regard to the legislation on measures against the legalisation of the proceeds of crime as amended. In the event of a conflict between the provisions of this Contract and mandatory provisions of legislation, the mandatory provisions of legislation prevail.

If you are not a citizen of the Czech Republic, you agree that the contractual relationship between us and you is governed by the law of the Czech Republic. The place of performance under the Contract is our registered office in the Czech Republic, and the contractual relationship is governed by the place of performance. The services under the Contract and these Terms and Conditions are provided in the Czech Republic, where your GoPay account is also set up, recorded and operated.

You are not entitled to transfer or assign any rights or claims under the Contract to a third party without our prior written consent.

If, under the relevant authorisation, you carry out a business activity on the internet for the purpose of selling goods or providing services, and if you use your GoPay account in connection with that activity, the provisions of legislation or of these Terms and Conditions on consumer protection do not apply to you. If you use your GoPay account in connection with a business activity, you must demonstrate within one week that you are a small business within the meaning of the Payments Act. If you do not do so within that period, you are deemed not to be a small business.

In relation to claims arising from or in connection with this Contract, the application of Section 1987(2) of the Civil Code is excluded, and both you and we agree that even an uncertain and/or indeterminate claim is capable of being set off.

Rights arising from this Contract or from its breach, including rights connected with this Contract, are subject to a limitation period of 10 years from the day the right could first be exercised.

Beyond the express provisions of this Contract, no rights or obligations may be inferred from past or future practice established between you and us, or from usages observed generally or in the sector relating to the subject of performance of this Contract, unless expressly agreed otherwise in the Contract. In addition to the above, we hereby mutually confirm that neither you nor we are aware of any business usages or practice established between us so far.

If any provision of this Contract proves to be apparent (null), the effect of this defect on the other provisions of the Contract will be assessed by analogy with Section 576 of the Civil Code.

In the event of a conflict between these Terms and Conditions and other rules governing the use of GoPay accounts and the operation of the GoPay Payment System, the provisions contained in the Terms and Conditions prevail, unless expressly stated otherwise.

You give us your consent to transfer our rights and obligations under the Contract to another person without further ado, and we must inform you of such a transfer without delay.

With any disputes that may arise between us and you in the issuance and use of Electronic Money under the Contract, you can also turn to the Financial Arbitrator of the Czech Republic (Czech Act No. 229/2002 Coll., as amended), with its registered office at Legerova 1581/69, 110 00 Prague 1. Your right to turn to the courts is not affected by this; disputes under the Contract are heard and decided before the courts of the Czech Republic, unless mandatory legislation requires otherwise. Disputes between you and us can also be resolved through mediation under Czech Act No. 202/2012 Coll., on mediation.

The authority supervising our activities is the Czech National Bank, with its registered office at Na Příkopě 28, 115 03 Prague 1, Czech Republic. You have the right to lodge a complaint with this supervisory authority.

The details you entered in connection with opening a GoPay account and their record stored in the GoPay Payment System constitute evidence of the content of the Contract.

You undertake to respect our rights to registered trade marks and other subject matter protected under intellectual property law, including copyright, and to refrain from any interference with those rights. The GoPay Payment System is our business designation, protected under the relevant legislation.

By concluding the Contract you confirm that all the necessary pre-contractual information important for your decision to conclude the Contract with us was provided to you before the Contract was concluded, that you familiarised yourself with these Terms and Conditions sufficiently in advance of concluding the Contract, that you consider the entire content of these Terms and Conditions to be definite and comprehensible, and that the individual rights and obligations arising from the contractual relationship with us are entirely clear to you.

If you registered in the GoPay Payment System before these Terms and Conditions took effect, you agree that the Contract arose and that the rights and obligations of the parties under the Contract are governed by the Terms and Conditions in effect on the day the Contract was concluded, and that from the day the new Terms and Conditions take effect the Contract is governed by these new Terms and Conditions.

The Terms and Conditions take effect on 1 May 2018.