These contractual terms are issued by GOPAY s. r. o., with its registered office at Planá 67, 370 01 České Budějovice, Czech Republic, company registration number: 26046768, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 11030.

GOPAY s. r. o. holds authorisation from the Czech National Bank to operate as an electronic money institution within the meaning of the relevant provisions of Czech Act No. 284/2009 Coll., on payments, as amended, on the basis of which it is entitled to issue electronic money and to provide payment services relating to electronic money. GOPAY s. r. o. is listed in the register of regulated and registered entities maintained and published by the Czech National Bank.

GOPAY s. r. o. is the operator of the GoPay Payment System, which allows GoPay accounts to be opened as payment instruments for payments on the internet using electronic money.

The issuance of electronic money is governed by the legislation of the Czech Republic and the European Union, and where applicable by international treaties concerning electronic money. These contractual terms must be interpreted and understood in accordance with that legislation, to which the contractual terms are subordinate.

These contractual terms govern the formation and termination of the contract on the issuance and use of electronic money between GOPAY s. r. o. and the holder of electronic money, as well as the rights and obligations of the parties under such a contract (the ‚Terms and Conditions‘).

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The terms used in these Terms and Conditions have the following meaning:

The Contract means the contract between GOPAY and the Client on the issuance and use of electronic money within the meaning of these Terms and Conditions.

The Payments Act means Czech Act No. 284/2009 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 Client is a holder of electronic money within the meaning of Section 1(d) of the Payments Act.

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.

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.

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

Issue of Electronic Money means the exchange of funds actually remitted for a Client in favour of GOPAY for Electronic Money and its crediting to the GoPay account of the Client in question at a rate (ratio) of 1:1.

A Payment to a GoPay account 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.

The GoPay Payment Gateway means the interface for carrying out payment transactions for the purpose of the Issue of Electronic Money, which is located outside the GoPay account environment and clearly serves to make payments for goods or services ordered.

Redemption of Electronic Money means, within the meaning of Section 124a of the Payments Act, 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 allows Clients in particular to:

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

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The Contract between the Client and GOPAY is concluded at the moment the Client confirms that they agree to these Terms and Conditions.

The Contract is always concluded at the Client's request and for an indefinite period.

By entering the required details and agreeing to these Terms and Conditions, a GoPay account is opened.

The Client agrees to the performance of the Contract beginning at the latest at the moment they make the first payment in Electronic Money.

The Client acknowledges that when a GoPay account is opened, identification details may be required to the extent required depending on the level of verification of the GoPay account, and that until the identification details requested are verified, some functions of the GoPay account may be limited.

In addition to these Terms and Conditions, the contractual relationship between the Client and GOPAY is governed by the Fee Schedule. In addition, the privacy policy and the AML rules, which can be found at www.gopay.com, also apply to the Client. These rules apply on the basis of the Client's consent. By agreeing to the Terms and Conditions the Client also approves the Fee Schedule.

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The GoPay Payment System allows a GoPay account to be opened and used, and the level of the limits for handling Electronic Money generally differs depending on the level of identification the Client has completed. Depending on that level, limits are set for the maximum permitted balance on the GoPay account, 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 at www.gopay.com. If the limits set are exceeded, GOPAY may require the Client's identification to be carried out or further identification details or documents to be submitted. Until the Client completes their identification in accordance with GOPAY's request, GOPAY is entitled to proceed under these Terms and Conditions.

A Client may have only one GoPay account opened, unless expressly agreed otherwise. Where these Terms and Conditions refer to a GoPay account in the singular and the Client has several GoPay accounts opened, this always means all the GoPay accounts of that Client.

A GoPay account can be maintained in several currencies at the same time (those accepted by GOPAY), depending on the currency in which the Client received Electronic Money into their GoPay account.

A Client can generally increase the balance on their GoPay account by transferring or having funds transferred to GOPAY's bank account in order to exchange them for Electronic Money and credit it to the GoPay account in question.

Funds entrusted for transfer in favour of GOPAY in order to increase the balance on a GoPay account pass into GOPAY's control upon being entrusted and are deemed received by GOPAY at that moment, unless the funds were already received by law when the payment order for the transfer of funds was submitted.

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

The Client acknowledges that processing an order for the Redemption of Electronic Money may take up to 10 working days from submitting the order for the Redemption of Electronic Money.

The available balance of Electronic Money on a GoPay account is available to the Client at any time.

The Client acknowledges that the balance of Electronic Money on a GoPay account does not bear interest.

The funds transferred will be credited to the GoPay account immediately, but GOPAY reserves the right to make these funds available to the Client only when GOPAY actually receives them from the payment method providers. Funds credited to the GoPay account may, however, be debited from the GoPay account again if GOPAY does not receive the funds transferred within the usual period. If that happens, GOPAY will reduce the balance on the Client's GoPay account by the amount of the funds it has not received. If the balance on the Client's GoPay account is not sufficient for this purpose, however, GOPAY reserves the right to claim payment of those funds in the corresponding amount from the Client.

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

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The GoPay Payment Gateway is available to every Client, but its availability is subject to activation, in which GOPAY assesses whether the Client and the activity they carry out meet the requirements under these Terms and Conditions.

When selling goods or providing services through the GoPay Payment Gateway, the Client undertakes:

The Client must not use the GoPay Payment Gateway in connection with purposes and activities other than those stated when activating the GoPay Payment Gateway

Where the Client arranges delivery of goods to a place designated by their contractual partner, they are liable for the loss, shortfall or damage of the consignment or for delay in delivering the goods until the goods are delivered to the destination. For every delivery of goods the Client must obtain from the carrier a document evidencing delivery of the goods to their contractual partner.

If the delivery time of the goods or service is longer than 30 days from the date the payment transaction was authorised, the Client must demonstrably inform their customer of the period for delivering the goods or providing the service. The total delivery time must not, however, exceed 120 days from the date the payment transaction was authorised.

Unless agreed otherwise, the Client agrees to the GoPay Payment System being presented in the form of the standardised GoPay dynamic icon with an active link to www.gopay.com; GOPAY will supply this icon and the Client will place it in a suitable way on the home page and on the payment method selection page in their application integrated with the GoPay Payment System.

The Client acknowledges that carrying out and completing a payment transaction is also governed by the terms of the providers of the individual payment methods through which the payment transaction is carried out.

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GOPAY reserves the right to call on the Client at any time, even without giving a reason, to carry out identification or to require further identification details or documents to be submitted, in particular in the cases laid down by Czech Act No. 253/2008 Coll., on certain measures against the legalisation of the proceeds of crime and the financing of terrorism, as amended. The Client must comply with such a request without delay.

It is strictly prohibited to use a GoPay account in connection with the sale, resale or supply of items whose trading is prohibited by law or whose trading is considered risky or generally dangerous, or in connection with the provision of services or the carrying out of activities that are prohibited or not permitted by law, or that are considered risky or generally dangerous. This concerns in particular trading in the following items, or the provision of the following services or the carrying out of the following activities:

GOPAY reserves the right to grant an exemption from prohibited or impermissible activities in particularly justified cases, provided that compliance with the relevant national and international legislation is always ensured.

A GoPay account must under no circumstances be used for the purpose of intermediating payments, unless GOPAY decides otherwise in individual cases.

GOPAY reserves 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.

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

In accordance with the rules applicable to payment services carried out through payment or credit cards, GOPAY may require certain Clients, according to the MCC classification, to meet certain special conditions before the service begins to be provided. These special conditions may apply in particular to Clients that are online sellers of air tickets or operators of betting, discount and prize portals.

The Client acknowledges and agrees that, where fraudulent activity is suspected, GOPAY's contractual partners (primarily banks) and their staff may contact them and that in such a case they must communicate with that contractual partner of GOPAY, respond to its recommendations and follow its instructions, all to the extent necessary as part of the investigation of the suspected fraudulent activity.

The Client declares and warrants that they 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, nor any other person excluded from the possibility of holding and disposing of Electronic Money.

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GOPAY reserves the right to set a minimum balance on a GoPay account. In that case the minimum balance on the GoPay account serves to secure any claims that GOPAY may have against the holder of that GoPay account, and means that a certain part of the Electronic Money on the GoPay account cannot be used for a Payment to a GoPay account or for other disposals, including Redemption of Electronic Money. This does not affect the Client's right under Section 124a(1) of the Payments Act. The Client approves the exercise of the right under this point by submitting the first payment transaction in their GoPay account after GOPAY exercises this right.

GOPAY reserves the right to set a security reserve. In that case the security reserve serves to secure any claims that any third party may have against the holder of that GoPay account, or GOPAY's claims against the Client for compensation for harm, and means that a certain part of the Electronic Money on the GoPay account cannot be used for a Payment to a GoPay account or for other disposals, including Redemption of Electronic Money. This does not affect the Client's right under Section 124a(1) of the Payments Act. The Client approves the exercise of the right under this point by submitting the first payment transaction in their GoPay account after GOPAY exercises this right.

The amount of the minimum balance on a GoPay account or of the security reserve may be set by GOPAY at any time at its 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. GOPAY will always notify the Client when a minimum balance on their GoPay account and/or a security reserve is set, as well as of any future change to them or their cancellation, if GOPAY takes such a decision at its sole discretion.

GOPAY further reserves the right to require the Client to increase the balance of Electronic Money on their GoPay account in order to meet GOPAY's requirement for a minimum balance on the GoPay account and/or a security reserve.

From the moment insolvency proceedings are commenced against the Client, the Client must pay GOPAY a risk fee in the amount of the security reserve, which is hereby used to pay that risk fee. The Client undertakes to inform GOPAY of this without delay. GOPAY must return to the Client an amount equal to the security reserve if the insolvency petition is found unfounded, or if the Client fulfils all their obligations towards GOPAY and if at the same time there is no reasonable risk that a future obligation of the Client towards GOPAY will arise in connection with their contractual relationship. GOPAY must return to the Client an amount equal to the security reserve, less the Client's unpaid obligations towards GOPAY, if there is no reasonable risk that a future obligation of the Client towards GOPAY will arise in connection with their contractual relationship.

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The range and availability of payment methods for increasing the balance on a GoPay account are not guaranteed, unless expressly agreed otherwise.

The Client agrees that they and any of their contractual partners will be prevented from carrying out payment transactions through a particular payment method at the moment GOPAY loses its authorisation to provide that payment method.

The Client acknowledges that the providers of the individual payment services (in particular in the case of payment services provided through payment or credit cards) may be entitled at any time to require the provision of the service to a given Client to be terminated. In that case GOPAY must suspend the provision of the service to such Clients without delay, and the Client agrees to and understands this right of GOPAY's, with no claim to any compensation or damages.

The Client agrees that GOPAY is entitled, to the extent necessary, to terminate or suspend the provision of services or to block a GoPay account with immediate effect in justified cases, in particular where the Client is suspected of committing fraud in connection with carrying out payment transactions or of unauthorised use of a GoPay account, also under the rules and conditions applicable to the use of the payment method through which the payment transaction is carried out. GOPAY will inform the Client of the introduction of these measures and of the reasons for them, unless stipulated otherwise. Unblocking the GoPay account or restoring the services may be conditional on the Client's identification being carried out.

In the event of a breach of the rules under these Terms and Conditions, of other terms governing the use of GoPay accounts and the operation of the GoPay Payment System, or of other contractual terms, and also where impermissible or unlawful conduct is suspected and where legislation or a decision or measure of public authorities so provides, GOPAY has the right to suspend the Issue of Electronic Money, the making of payments in Electronic Money and/or the Redemption of Electronic Money on that Client's GoPay account. As soon as the reason for which GOPAY applied one of the measures under the previous sentence ceases to apply (usually by that Client's identification being carried out or by the documents requested being provided), the full use of that Client's GoPay account will be restored without delay.

Unless agreed otherwise in writing between the contracting parties, GOPAY is 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 GOPAY must inform the Client in advance of the reasons for and the duration of the suspension or restriction of the provision of services. The contracting parties have agreed that a suspension or restriction of the provision of services under the conditions in this paragraph will not be considered a breach of contractual obligations and will not affect any other obligations of the contracting parties.

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GOPAY is 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 the Client, unless GOPAY specifies a later moment for ending the contractual relationship in the notice. The Client's right to settle the balance of Electronic Money on their GoPay account is always guaranteed.

GOPAY reserves the right to withdraw from the Contract with the Client with immediate effect if the Client breaches these Terms and Conditions.

The Client is entitled to close their GoPay account without giving a reason and thereby terminate the Contract, provided they have settled all their obligations towards GOPAY. On the Client terminating the Contract, all the Client's obligations towards GOPAY 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. The Client acknowledges 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, the Client instructs GOPAY to carry out a Redemption of Electronic Money in the amount of the balance on the GoPay account under the following conditions:

If the Client is 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), they 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 Client's withdrawal must be made in accordance with the conditions for mutual communication between the parties set out in these Terms and Conditions. If the Client withdraws from the Contract, they must pay GOPAY without delay the amount for the services actually provided up to that point according to the Fee Schedule.

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GOPAY is not liable to the Client for damage incurred as a result of losing the password or other access credentials to their GoPay account.

Nor is GOPAY liable to the Client for damage incurred as a result of a payment in Electronic Money made by mistake or a payment obtained from them by fraudulent or other dishonest intent.

GOPAY 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.

GOPAY is 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.

The Client acknowledges that GOPAY is obliged to make systemic, technological, security or other quality improvements to the services of the GoPay Payment System where it is required to make such improvements by legislation or by rules arising from contractual obligations with payment method providers (including payment or credit 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 GOPAY to transfer or remit the Client's funds, against the receipt of which it issued the Client Electronic Money, in order to settle a debt or another legal obligation of the Client (in particular in enforcement or other similar proceedings), the delivery of such an order is deemed to be the Client's request for a Redemption of Electronic Money to the extent specified by that order, and the Client's claim against GOPAY becomes due for that reason. The Client agrees that in such a case the Client's funds, against the receipt of which GOPAY issued the Client Electronic Money, 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, GOPAY is released from its obligation towards the Client to the extent of the amount paid out in this way.

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

If the Client finds that their password has been disclosed, or that there is a real risk of it being disclosed to an unauthorised person, they will notify GOPAY of this without delay and change their password at the same time.

The Client will notify GOPAY without delay 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 that system.

The Client bears liability for damage suffered as a result of:

The Client is also liable for damage that arose even though the Client 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 GOPAY in good time under these Terms and Conditions.

If the Client's personal or identification details change, the Client must update their personal or identification details in their GoPay account. GOPAY is not liable for any damage caused by the Client's personal or identification details not being updated in good time or regularly. The Client manages the data we hold about them from their GoPay account environment, when logged in to it.

If there is not a sufficient balance on the Client's GoPay account to debit funds that GOPAY has to return as a result of a payment transaction being cancelled or not carried out, or that are to be debited from the GoPay account on the basis of these Terms and Conditions or on another legitimate ground, the Client must increase the balance on their GoPay account accordingly. If the Client fails to do so despite GOPAY's request, this is considered a breach of these Terms and Conditions. GOPAY is entitled to call on the Client 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. GOPAY is at the same time entitled to require the Client to reimburse the costs demonstrably incurred by it in connection with the Client's failure to fulfil that obligation.

If the Client uses the application programming interface of the GoPay Payment System, they must follow and comply with GOPAY's technical rules and instructions, including any changes to them that GOPAY may make from time to time.

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The Client is entitled to complain to GOPAY 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.

The Client makes a complaint by sending the relevant notice within the GoPay Payment System or to GOPAY's contact e-mail address, or by making it by telephone.

Once GOPAY receives the complaint it will investigate in order to determine whether it is justified. GOPAY must inform the Client of the results of its investigation and of its position on the complaint within 30 days of receiving the complaint.

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

GOPAY is entitled to make unavailable to the Client the amount of a payment transaction that is the subject of a complaint by the payer until that complaint is resolved. GOPAY is entitled to use this amount to pay any obligations of GOPAY towards the bank if, under the terms of the providers of the individual payment methods through which the payment transaction is carried out, GOPAY is obliged to return the amount that is the subject of the complaint. In the case of a complaint about a payment transaction the Client must, at GOPAY's 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 the Client on the course of that payment transaction.

The Client is not entitled to interest on the amount of an incorrectly executed payment in Electronic Money.

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The Client acknowledges and agrees 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.

GOPAY issues the Fee Schedule in order to govern the reimbursement of costs and the fees connected with operating the GoPay Payment System. GOPAY is entitled to amend the Fee Schedule unilaterally, and the Client agrees to this right of GOPAY's. 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 at www.gopay.com.

By agreeing to these Terms and Conditions the Client instructs GOPAY to deduct the charges and fees under the Fee Schedule from the Client's GoPay account. If the balance on the GoPay account is not sufficient to deduct a charge or fee under the Fee Schedule, the Client must pay that charge or fee at GOPAY's request.

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

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

If a new payment method is introduced that is not given in the Fee Schedule currently in effect, the Client gives consent to the fees for the Issue of Electronic Money through that payment method by using the payment method for the first time, provided that they 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 a Client changes their business activity and/or the range they offer without GOPAY's prior consent, GOPAY is entitled to apply to such a Client, without further ado, the fees normally applied to that business activity and/or range. GoPay is entitled to charge the Client retrospectively the difference between the fees originally applied and the fees newly applied for the whole period during which the Client carried out that activity and/or offered that range without requesting GOPAY's prior consent. The Client must pay GOPAY the difference in fees charged in this way.

GOPAY reserves 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.

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The Client and GOPAY agree that their mutual communication will take place primarily in Czech, but that the Client is also entitled to communicate with GOPAY in English. The parties may subsequently agree that communication may also take place in another language.

The Client and GOPAY agree that they will send each other notices and correspondence relating to this Contract by electronic mail to their 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 the Client and GOPAY communicate with each other in that way.

The Client's contact e-mail address is their primary e-mail address recorded in the GoPay Payment System. The Client is responsible for ensuring that their primary e-mail address works throughout the contractual relationship and that electronic mail can be sent to it. GOPAY's contact e-mail address is the e-mail address published at www.gopay.com, unless GOPAY designates another contact e-mail address in a particular case. GOPAY bears no liability where the Client does not keep their primary e-mail address working or where they do not check the e-mail messages received regularly and do not reply or otherwise respond to them in good time.

GOPAY reserves the right to send the Client notices of an operational or promotional nature by internal communication in the GoPay Payment System or by electronic mail, and at the same time reserves the right to require the Client to communicate with GOPAY on these matters in the same form.

The Client agrees to receiving information messages about the status of their GoPay account, about movements on their GoPay account and about news in the GoPay Payment System. The Client can stop such messages being sent by changing their GoPay account settings.

Where legislation requires GOPAY to provide certain information on a durable medium, GOPAY will fulfil this obligation by permanently publishing that information on GOPAY's website or by sending it to the Client by electronic mail in .pdf format to their contact e-mail address.

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The Client undertakes not to pass or make available to third parties, without GOPAY's permission or without a statutory basis, information about the business and contractual terms agreed, or other information concerning GOPAY's business activities, business or technological procedures and know-how that the Client obtains 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.

The Client further undertakes to prevent the software of the GoPay Payment System being made available to third parties.

The Client's obligations set out in this article continue even after the contractual relationship with GOPAY ends.

GOPAY undertakes not to pass or make available to third parties, without the Client's permission or without a statutory basis, information about the business and contractual terms agreed, or other information concerning the Client's business activities that GOPAY obtains in connection with the performance of contractual obligations. GOPAY is, however, entitled to pass this information and other data and materials obtained from the Client to a third party if GOPAY is 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 GOPAY. GOPAY's obligation under this provision continues even after the contractual relationship with the Client ends.

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GOPAY is entitled to amend these Terms and Conditions unilaterally according to the rules and conditions set out in this article. The Client agrees to this right of GOPAY's.

If GOPAY amends the Terms and Conditions, it must notify the Client of the change at least two months in advance by an e-mail message containing a link to the new Terms and Conditions, from where the Client can print them or save them in electronic form.

If the Client is 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.

The Client has 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 the Client does not terminate the Contract within that period, they are deemed to agree that the Contract will be governed by these new Terms and Conditions from the day they take effect.

The reason for amending the Terms and Conditions may be one or more of the following circumstances:

The Terms and Conditions are issued in electronic form and are available at www.gopay.com.​

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The Contract is concluded in the language version the Client selected in the GoPay Payment System environment, and the Czech language version of the Contract is always available to the Client 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. The Contract is archived by GOPAY once concluded. During the term of the Contract the Client has the right to obtain from GOPAY the content of the Contract and further information under Sections 81 to 85 of the Payments Act.

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.

Depending on the identification, GOPAY considers the Client to be a citizen of the Czech Republic. The place of performance under the Contract is GOPAY's 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 the Client's GoPay account is also set up, recorded and operated.

The Client is not entitled to transfer or assign any rights or claims under the Contract to a third party without GOPAY's prior written consent.

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

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.

The Client acknowledges and agrees that the rules issued by the card schemes or by GOPAY's contractual partner, which is a bank, take precedence over the contractual arrangements between GOPAY and the Client. The Client undertakes to comply with the card scheme rules. This provision applies only to carrying out payment transactions by payment or debit card.

The Client gives GOPAY their consent for GOPAY to transfer its rights and obligations under the Contract to another person without further ado, and GOPAY must inform the Client of such a transfer without delay.

With any disputes that may arise between GOPAY and the Client in the issuance and use of Electronic Money under the Contract, the Client can also turn to the Financial Arbitrator of the Czech Republic (Czech Act No. 229/2002 Coll., as amended), with its registered office at Washingtonova 25, Prague 1. The Client's 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 the Client and GOPAY can also be resolved through mediation under Czech Act No. 202/2012 Coll., on mediation.

The authority supervising GOPAY's activities is the Czech National Bank, with its registered office at Na Příkopě 28, 115 03 Prague 1, Czech Republic. The Client has the right to lodge a complaint with this supervisory authority.

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

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

By concluding the Contract the Client confirms that all the necessary pre-contractual information important for their decision to conclude the Contract with GOPAY was provided to them before the Contract was concluded, that they familiarised themselves with these Terms and Conditions sufficiently in advance of concluding the Contract, that they consider the entire content of these Terms and Conditions to be definite and comprehensible, and that their individual rights and obligations arising from the contractual relationship with GOPAY are entirely clear to them.

A Client who registered in the GoPay Payment System before these Terms and Conditions took effect agrees 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 10 March 2014.