Terms & Conditions - effective from 10/3/2014
- These Terms and Conditions are issued by GOPAY s. r. o., registered office in Planá 67, 370 01 České Budějovice, Czech Republic, company identification number: 26046768, entered in a Commercial Register maintained by the Regional Court in České Budějovice, Section C, Entry 11030.
- GOPAY s. r. o. holds a permit granted by the Czech National Bank to carry out the activity of an electronic money institution within the meaning of pertinent provisions of Czech Act No. 284/2009 Coll., which makes provision with respect to the payment system, as amended, upon which it is authorised to issue electronic money and provide payment services related to electronic money. GOPAY s. r. o. is entered in a list of regulated and registered entities maintained and published by the Czech National Bank.
- GOPAY s. r. o. operates the GoPay Payment System that enables the opening of GoPay accounts as means of payment for online payments by means of electronic money.
- Issue of electronic money follows legal regulations of the Czech Republic and the European Union as well as international treaties pertaining to electronic money. These Terms and Conditions shall therefore be interpreted and understood in accordance with the above legal regulations to which these Terms and Conditions are subordinated.
- These Terms and Conditions also govern the establishment and termination of a contract on the issue and use of electronic money between GOPAY s. r. o. and an electronic money holder as well as the rights and obligations of parties that follow from this contract (hereinafter referred to as the “Terms and Conditions”).
Definitions used in these Terms and Conditions shall have the following meaning:
- The Contract means a contract between GOPAY and a Client on the issue and use of Electronic Money within the meaning of these Terms and Conditions.
- The Payment System Act means Czech Act No. 284/2009 Coll., which makes provision with respect to the payment system, as amended, which is in effect on the territory of the Czech Republic.
- A Client means an individual or a legal entity that uses Electronic Money issued by GOPAY and recorded in the GoPay payment system upon the Contract. A Client is an electronic money holder within the meaning of S. 1(d) of the Payment System Act.
- GOPAY means GOPAY s. r. o., a trading company with registered office in Planá 67, 370 01 České Budějovice, company identification number: 26046768, entered in a Commercial Register maintained by the Regional Court in České Budějovice, Section C, Entry 11030. Terms such as “we”, “us”, “our”, “ours”, etc., that may be used in these Terms and Conditions also have the same meaning. GOPAY is an electronic money institution that issues Electronic Money within the meaning of S. 4 of the Payment System Act and that operates the GoPay Payment System.
- A GoPay Account means an account allocated to a Client in the GoPay Payment System where a Client’s Electronic Money is recorded and held.
- Within the meaning of S. 4(1) of the Payment System Act, Electronic Money means a monetary value that:
a.Represents a claim on GOPAY;
b.Is stored in electronic form;
c.Is issued on receipt of funds for the purpose of making payment transactions; and
d.Is accepted by natural or legal person orther than GOPAY.
- Issuance of Electronic Money means an exchange of actually transferred money that is credited to GOPAY for Electronic Money carried out for a Client and crediting thereof to a GoPay Account of the respective Client at the rate (ratio) of 1:1.
- A Payment to a GoPay Account means the use of Electronic Money by individual Clients for mutual cashless payments among themselves by means of debiting the respective amount of Electronic Money from a payer’s GoPay Account and the crediting thereof to a recipient’s GoPay Account.
- The GoPay Payment Gateway means an interface for making payment transactions for the purpose of Issuance of Electronic Money; The GoPay Payment Gateway is located outside the GoPay Account environment and is clearly used to make payments for ordered goods or services.
- Within the meaning of S. 124a of the Payment System Act, a Redemption of Electronic Money means an exchange of Electronic Money for banknotes, coins or cashless money in an amount corresponding to the nominal value of the exchanged Electronic Money that is made by GOPAY upon a Client’s request.
- The GoPay Payment System means a set of GOPAY’s software and systemic solutions that enable Clients in particular to:
a.Make Electronic Money transfers;
b.Issue Electronic Money; and
c.Make a Redemption of Electronic Money.
- A Table of Charges means a Table of reimbursements and charges related to the operation of the GoPay Payment System published by GOPAY.
- A Contract between a Client and GOPAY is concluded at the moment when the Client confirms that they agree with these Terms and Conditions.
- A Contract is always concluded upon a Client’s request and for an indefinite period of time.
- A GoPay Account is opened by entering the requested data and by accepting these Terms and Conditions.
- A Client agrees that the performance of their Contract commences at the latest at the moment when the Client has made the first Electronic Money payment.
- A Client acknowledges that when a GoPay Account is opened, identification data may be requested in the scope in which this data is required depending on the level of GoPay Account verification; before the requested identification data is verified, certain functions of the GoPay Account may be limited.
- The Contract between a Client and GOPAY is governed not only by these Terms and Conditions but also by the Table of Charges. Besides, privacy protection rules and AML rules that can be found at the website of www.gopay.com apply to a Client as well. The above rules are applied upon a Client’s consent. By agreeing with these Terms and Conditions a Client also agrees with the Table of Charges.
- The GoPay Payment System enables a GoPay Account to be established and used; limits for Electronic Money disposal usually differ depending on the level of verification a Client has performed. Depending on this level, limits are set for a maximum permissible GoPay Account balance, maximum permissible amount of Electronic Money sent from a GoPay Account during one calendar year and a maximum permissible amount of a Redemption of Electronic Money during one calendar year. Details are given at the website of www.gopay.com. Should the given limits be exceeded, GOPAY may request a Client’s identification or submission of further identification data or documents. Before a Client performs their identification in accordance with GOPAY’s request, GOPAY is entitled to proceed pursuant to these Terms and Conditions.
- A Client may open only one GoPay Account unless expressly agreed otherwise. If these Terms and Conditions speak about a GoPay Account in the singular and a Client has opened several GoPay Accounts, a GoPay Account always means all GoPay Accounts of the respective Client.
- A GoPay Account may be kept simultaneously in multiple currencies (that are accepted by GOPAY) depending on in what currency a Client has received Electronic Money in their GoPay Account.
- A Client may increase their GoPay Account balance usually by transferring money or by having money transferred to GOPAY’s bank account in order to have it exchanged for Electronic Money and credited to the respective GoPay Account
- Money entrusted to be transferred and credited to GOPAY in order to increase a GoPay Account balance passes to GOPAY’s disposal at the moment when it is entrusted and at this moment it is deemed to be received by GOPAY unless the money has been received already by entering a payment order to transfer money pursuant to the law.
- A Client may use the Electronic Money on their GoPay Account for payments to be credited to GoPay Accounts of other Clients and may also make a Redemption of Electronic Money recorded as disposable in their GoPay Account at any time.
- A Client acknowledges that the processing of an order to make a Redemption of Electronic Money may take up to 10 working days from the day the order to make a Redemption of Electronic Money was entered.
- A Client has the disposable GoPay Account Electronic Money balance at their disposal at any time.
- A Client acknowledges that no interest is paid on a GoPay Account Electronic Money balance.
- Transferred money is credited to a GoPay Account immediately; however, GOPAY reserves the right to make it disposable to a Client at the moment when GOPAY actually receives the money from payment method providers. None the less, the money credited to a GoPay Account may again be debited from a GoPay Account if GOPAY fails to receive the transferred money in a standard period. Should this happen, GOPAY shall reduce a Client’s GoPay Account balance by the amount of money it has failed to receive. Should a Client’s GoPay Account balance not suffice for this purpose, GOPAY reserves the right to request that the Client pay the money in the corresponding amount.
- If Electronic Money is transferred to a GoPay Account that a Client has closed, the respective GoPay Account shall be renewed and the transferred Electronic Money shall be credited to it. GOPAY reserves the right to require a repeated activation of a GoPay Account to be performed together with identification of the respective Client or submission of further identification data or documents.
- The GoPay Payment Gateway is available to any Client; however, its availability is subject to activation within which GOPAY assesses whether a Client and the activity they pursue meet relevant requirements under these Terms and Conditions.
- When selling goods or providing services through the GoPay Payment Gateway, a Client undertakes:
a.To offer and enable their business partners to make payments through the GoPay Payment Gateway;
b.Not to misuse GOPAY’s copyright and other GOPAY’s rights to intangible assets, and refrain from any infringements of such GOPAY’s rights;
c.To remove the GoPay Payment System software from their system and stop using the GoPay brand immediately upon terminating their contractual relationship with GOPAY and to remove any other logos, trademarks and names used in relation to the contractual relationship (in particular also GOPAY’s logos, trademarks and names of their contracting partners used with the consent of GOPAY and the above contracting partners);
d.To provide timely necessary cooperation to GOPAY or to GOPAY’s contracting partner (in particular for the purpose of detecting suspicious trading) and enable GOPAY to duly and timely fulfil their obligations that follow from pertinent legislation or contractual provisions and provide all necessary cooperation to GOPAY for this purpose;
e.To provide their application integrated with the GoPay Payment System with warranty terms and conditions and inform their customers about the terms and conditions for handling complaints, trade terms of sale, service provision as well as delivery terms and conditions including postage, packing charges and delivery periods. A Client undertakes to inform their customers regularly and provide them in particular with the following information: a detailed description of offered goods and services including information about their origin and information about from where the Client sends goods or provides a service, information about the currency in which payment transactions are made, information about how all data that the Client obtains from a customer is secured, and complete identification and contact data corresponding to reality;
f.To update their data on an ongoing basis, such as the following: registered office address, website and application addresses integrated with the GoPay Payment System, a list of services provided to their contracting partners, the Client’s bank account number designated for the payment of transactions received by GOPAY that are to be credited to the Client;
g.To inform GOPAY without delay about any change of their identification data and about any changes of their ownership structure; GOPAY has a right to check whether a Client fulfils this obligation and may require their cooperation;
h.To visibly place logos that determine accepted payment methods in accordance with a template provided by GOPAY and clearly state that data transmission is secured by the SSL protocol;
i.Not to discriminate or not to give preference to any payment method whose use is offered by the GoPay Payment System, to offer all payment methods absolutely equally and not to set any financial or any other limits or limitations for the use of a specific payment method;
j.To keep records of the delivery of goods or provision of a service to a contracting partner for at least 10 years from when the transaction was made and to provide such records upon request without delay to GOPAY or to GOPAY’s contractual bank;
k.To return the amounts of payment transactions through the GoPay Payment System when their business partner withdraws from a contract unless agreed otherwise. A Client is not entitled to return the amounts of payment transactions in cash when their customer withdraws from a contract.
- A Client shall not use the GoPay Payment Gateway for other purposes and activities than those stated when activating the GoPay Payment Gateway.
- If a Client delivers goods to a place designated by their contracting partner, they shall be liable for the loss of, or damage to, the consignment and/or for a delay of the delivery of goods until the time when the goods are delivered to the designated place. A Client is obliged to ask the carrier for a bill of delivery of goods to their contracting partner for each delivery of goods.
- If the delivery period of goods or a service is longer than 30 days from the day when a payment transaction was authorised, a Client shall demonstrably inform their customer about the period of goods delivery or service provision. However, total delivery period shall not exceed 120 days from the day when the payment transaction was authorised.
- Unless agreed otherwise, a Client agrees with presenting the GoPay Payment System in the form of a GoPay standardised dynamic icon with an active link to the website of www.gopay.com; this icon shall be provided by GOPAY and a Client shall place it in a suitable manner on the home page and on the page where a payment method is selected in the environment of their application integrated with the GoPay Payment System.
- A Client acknowledges that making and completing a payment transaction is also governed by these Terms and Conditions of providers of individual payment methods through which the payment transaction is made.
- GOPAY reserves the right to request a Client to identify themselves at any time and even without giving any reason or ask them to submit further identification data or documents, in particular in cases stipulated by Czech Act No. 253/2008 Coll., which makes provision with respect to certain measures against legalisation of criminal proceeds and financing of terrorism, as amended. The respective Client shall oblige such a request without delay.
- It is strictly forbidden to use a GoPay Account in relation to the sale, resale or delivery of goods whose trading is prohibited by legal regulations or whose trading is deemed to be risky or generally dangerous, and/or in relation to providing services or pursuing activities that are prohibited by legal regulations or not permitted or that are deemed to be risky or generally dangerous. The above includes in particular trading with the following items, providing the following services and/or pursuing the following activities:
a.Drugs and equipment for drug production or distribution;
c.Materials inciting hatred, violence or racial intolerance;
d.Firearms including ammunition and parts thereof;
e.Offensive weapons and parts thereof;
f.Unpermitted lotteries or bets;
g.Goods, services, data or other products (hereinafter jointly referred to as “Products”) that breach copyright, trademarks or other rights to intangible assets;
h.Stolen Products including digital and virtual Products or Products that breach the ownership of a third party;
i.Products that require a special prescription and Products whose trading or market placement is subject to meeting a certain age limit;
j.Games of chance including gambling;
k.Projects, programmes and strategies based on multi-level marketing or similar principles including the pyramid scheme or other rapid enrichment projects;
l.Unregistered charity services.
- GOPAY reserves the right to grant an exemption from prohibited or unpermitted activities in particularly justified cases if pertinent national and international legal regulations are abided by at all times.
- Under no circumstances may a GoPay Account be used to mediate payments unless GOPAY decides otherwise in individual cases.
- GOPAY reserves the right to set transaction and amount limits to individual payment transactions.
- The fact that a certain person or entity receives payments through the GoPay Payment System does not imply that this person or entity delivers goods or provides services in accordance with pertinent legal regulations and that their activities are legal.
- A Client may use means of payment in relation to their GoPay account (e.g. bank accounts, payment cards) only if they are the rightful owner or holder of the above means of payment and if these means of payment are held in their name.
- In accordance with rules applicable to payment services made by payment cards, GOPAY may request that certain Clients meet certain special terms and conditions in accordance with MCC classification even prior to commencement of service provision. The above special terms and conditions may pertain in particular to Clients who sell flight tickets online or who operate betting, discount and prize portals.
- A Client acknowledges and agrees that if fraudulent activities are suspected, they may be approached by GOPAY’s contracting partners (in particular banks) and their employees, and that in this case the respective Client is obliged to communicate with the pertinent GOPAY’s contracting partner, respond to its recommendations and follow its instructions to the extent necessary as part of investigation of a suspected fraudulent activity.
- A Client represents and guarantees that they are neither a politically exposed person within the meaning of S. 4(5) of Czech Act No. 253/2008 Coll., which makes provision with respect to certain measures against legalisation of criminal proceeds and financing of terrorism, as amended, nor any other person exempt from the possibility to hold Electronic Money and dispose thereof.
- GOPAY reserves the right to set a minimum GoPay Account balance. In this case, the minimum GoPay Account balance is used to secure any receivable amounts GOPAY may have from the owner of a given GoPay Account, and it means that a certain part of Electronic Money on the GoPay Account cannot be used for Payment to a GoPay Account or disposed of otherwise, including a Redemption of Electronic Money. This shall not prejudice a Client’s right pursuant to S. 124a(1) of the Payment System Act. A Client agrees with the performance of this right under this Subsection by entering the first payment transaction in their GoPay Account following the use of this right by GOPAY.
- GOPAY reserves the right to set a security reserve. In this case, the security reserve serves to secure any receivable amounts that any third party may have from the owner of a given GoPay Account or GOPAY’s receivable amounts from a Client for damages, and it means that a certain part of Electronic Money on a GoPay Account cannot be used for Payment to a GoPay Account or for any other disposal, including a Redemption of Electronic Money. This shall not prejudice a Client’s right pursuant to S. 124a(1) of the Payment System Act. A Client agrees with the performance of this right under this Subsection by entering the first payment transaction in their GoPay Account following the use of this right by GOPAY.
- The amount of a minimum GoPay Account balance or a security reserve may be set by GOPAY at any time at its sole discretion, and it may be a specific amount, a percentage of the amount of Electronic Money credited to a GoPay Account over a certain preceding period or a combination of both of the above. GOPAY shall always notify a Client of a set minimum GoPay Account balance and/or a security reserve as well as any future change or cancellation thereof should GOPAY make this decision upon its exclusive authority.
- In addition, GOPAY reserves the right to request a Client to increase their GoPay Account Electronic Money balance so as to meet GOPAY’s requirement for a minimum GoPay Account balance and/or a security reserve.
- At the moment when insolvency proceedings are launched against a Client, the respective Client shall pay a risk charge to GOPAY in the amount of the security reserve, which shall thus be used to cover this risk charge. A Client undertakes to inform GOPAY about the above fact without delay. GOPAY is obliged to return to the respective Client an amount equalling the security reserve if the insolvency motion is found to be unjustified or if the Client meets all their liabilities towards GOPAY and unless there is at the same time a reasonable risk that the Client will have a future liability towards GOPAY related to their contractual relationship. GOPAY is obliged to return to the respective Client an amount equalling the security reserve lowered by the Client’s unpaid liabilities towards GOPAY unless there is a reasonable risk that the Client will have a future liability towards GOPAY related to their contractual relationship.
- The scope and availability of payment methods for increasing a GoPay Account balance are not guaranteed unless expressly agreed otherwise.
- A Client agrees that they and their potential business partners shall be prevented from making payment transactions through a certain payment method at the moment when GOPAY loses its authorisation to provide the above payment method.
- A Client acknowledges that providers of individual payment services (in particular payment services provided by means of payment cards) may be entitled to request services to be terminated to a given Client. In this case, GOPAY shall suspend service provision to such Clients without delay; a Client hereby agrees with the above GOPAY’s entitlement and shall not claim any reimbursement or damages.
- A Client agrees with GOPAY’s entitlement to terminate or suspend service provision to the necessary extent or block a GoPay Account with immediate effect in justified cases, especially when a Client is suspected to be involved in fraud related to making payment transactions or to an unauthorised use of a GoPay Account, and also pursuant to rules and terms and conditions pertaining to the use of a payment method through which a payment transaction is made. Unless stated otherwise, GOPAY shall inform a Client about introducing the above measures and reasons for them. Unblocking of a GoPay Account or renewal of services may be subject to a Client’s identification.
- If rules are breached under these Terms and Conditions, if other terms and conditions that govern the use of GoPay Accounts and operation of the GoPay Payment System or other terms and conditions are breached, if unpermitted or unlawful conduct is suspected and if stipulated by legal regulations or by a public authority decision or measure, GOPAY has a right to suspend Issuance of Electronic Money, making of Electronic Money payments and/or making of a Redemption of Electronic Money in the respective Client’s GoPay Account. As soon as the reason for which GOPAY has applied some of the above measures ceases to exist (usually after the respective Client performs their identification or submits the requested certificates or documents), the respective Client shall have the possibility to fully use their GoPay Account renewed without delay.
- Unless agreed otherwise between the contracting parties in writing, GOPAY shall be authorised to interrupt or limit the provision of services for a necessary period of time when performing adjustments, maintenance or repairs of the GoPay Payment System, whose availability is a precondition for service provision. In this case, GOPAY shall inform a Client in advance about the reasons and duration of interruption or limitation of service provision. The contracting parties have agreed that interruption or limitation of service provision under this Subsection shall not be regarded as a breach of contractual obligations and shall not affect any other obligations of the contracting parties.
- GOPAY is entitled to withdraw from the Contract at any time; the contractual relationship shall be terminated upon the expiry of a 2-month notice period on the basis of a notice delivered to a Client unless GOPAY sets a later day of terminating the contractual relationship in the notice. A Client’s right to a settlement of their GoPay Account Electronic Money balance shall be guaranteed at all times.
- GOPAY reserves the right to withdraw from the Contract with a Client with immediate effect if the Client breaches these Terms and Conditions.
- A Client is entitled to close their GoPay Account without giving a reason and thus withdraw from the Contract if all their liabilities towards GOPAY have been paid. If a Client withdraws from the Contract, all the Client’s liabilities towards GOPAY shall become automatically payable. If the terms and conditions for giving a notice have been met, the contractual relationship shall be terminated upon entering a command to close a GoPay Account in the GoPay Payment System. A Client acknowledges that other ways of closing a GoPay Account shall not be accepted unless pertinent legislation expressly implies otherwise.
- By entering a command to close a GoPay Account a Client gives GOPAY an instruction to make a Redemption of Electronic Money in the amount of their GoPay Account balance under the following terms and conditions:
a.The Redemption of the disposable Electronic Money shall be made immediately;
b.The Redemption of a part of the Electronic Money balance equalling a sum of the amounts of transferred money that GOPAY has not received yet and that are not disposable shall be made only at the moment when GOPAY receives the above money in its account;
c.In other cases when a certain amount of Electronic Money in a GoPay Account is not disposable upon these Terms and Conditions or upon legislation, a Redemption of Electronic Money shall be made immediately after the reason why the respective amount has become non-disposable ceases to exist.
- If a Client is a consumer (i.e. an individual who does not pursue a trading or other business activity as part of independent job performance when they conclude and perform the Contract), they have a right to withdraw from the Contract without giving any reasons and without a contractual sanction within 14 days from the day the Contract was concluded provided the Contract has not been fulfilled. A Client shall withdraw from the Contract in accordance with the terms and conditions for mutual communication of parties stipulated by these Terms and Conditions. If a Client withdraws from the Contract, they shall pay to GOPAY an amount for services actually provided to date pursuant to the Table of Charges.
- GOPAY shall not be liable for a Client’s loss if incurred as a result of losing a password or other access data to their GoPay Account.
- GOPAY shall not be liable for a Client’s loss if incurred as a result of making an erroneous payment with Electronic Money or a payment which a Client has been coerced into making with a fraudulent or any other dishonest intention.
- GOPAY is obliged to archive all sources and documents that prove that a payment transaction has been made for at least a period of five years from the date the transaction was made.
- GOPAY is entitled to make improvements of the GoPay Payment System such as systemic, technology, security and other qualitative service improvements in line with technology development in the given area in order to enhance the quality of provided services.
- A Client acknowledges that GOPAY is obliged to make improvements of the GoPay Payment System such as systemic, technology, security and other qualitative service if it is committed to make such service improvements by legal regulations or rules that follow from contractual obligations with payment methods providers (including payment card services) or upon an obligation contractually assumed in relation to service provision of the GoPay Payment System.
- If GOPAY is ordered by an authorised person or authorised entity to transfer or remit a Client’s money upon whose receipt it has issued Electronic Money to the respective Client for the purpose of repaying a debt or fulfilling another legal obligation of the Client (in particular as part of collection procedures to seize a debtor’s property or as part of other similar procedures), the delivery of such an order shall be deemed to be the Client’s request for making a Redemption of Electronic Money to the extent determined in the above order and the Client’s amount receivable from GOPAY shall become payable on that ground. A Client agrees that in this case the Client’s money upon whose receipt GOPAY has issued Electronic Money to the Client shall be transferred or remitted in accordance with the order of such an authorised person or authorised entity. By transferring or remitting the money in accordance with an order of an authorised person or authorised entity, GOPAY shall exempt itself from its obligation towards the Client to the extent of the performance that has been paid as above.
- A Client acts in their own interest and uses a GoPay Account so as not to put the security of their GoPay Account or GoPay Accounts of other Clients at risk; in particular, they shall always make certain that rules of safe behaviour in the Internet environment are maintained, and they shall not disclose their access data to their GoPay Account to anyone even if asked to do so.
- Should a Client establish that their password has been revealed or that there is an imminent threat of it being revealed to an unauthorised person, they shall notify GOPAY of this fact without delay and shall change their password alongside this.
- A Client shall notify GOPAY without delay of any fact that gives rise to a suspicion of unlawful or other unpermitted act or that gives rise to a suspicion of incorrect behaviour of the GoPay Payment System or any error in this System.
- A Client shall be liable for damage suffered as a result of:
a.A payment erroneously entered by the Client and made by GOPAY in accordance with this instruction;
b.A payment entered by another person than the Client who is logged in a GoPay Account as the Client.
A Client shall be exempt from this liability if they prove that access data to their GoPay Account has been made available to an unauthorised person through GOPAY’s fault.
- A Client shall also be liable for damage that has occurred in spite of the fact that the Client may have prevented or avoided it by taking a timely measure to remedy a defective or endangering state, in particular for their failure to notify GOPAY accordingly pursuant to these Terms and Conditions.
- If a Client’s personal or identification data is changed, the Client shall update their personal or identification data in their GoPay Account. GOPAY shall not be liable for any damage that may be caused as a result of the fact that the Client’s personal or identification data has not been updated timely or regularly. A Client administers data kept by GOPAY about the respective Client from the environment of their GoPay Account when they are logged in.
- If a Client’s GoPay Account balance does not suffice to debit money that GOPAY is obliged to return as a result of a cancellation of a payment transaction or a failure to make a payment transaction or that is to be collected from a GoPay Account upon these Terms and Conditions or for another rightful reason, a Client is obliged to increase their GoPay Account balance accordingly. Should a Client fail to do the above in spite of GOPAY’s request to do so, it shall be regarded as breach of these Terms and Conditions. GOPAY may ask a Client to fulfil this obligation and, if necessary, take any measures to enforce the fulfilment of this obligation including the authorisation of a collection agency or a legal representative to exercise the respective claim at court. At the same time, GOPAY is entitled to demand that a Client reimburse costs it has provably incurred in relation to the Client’s failure to meet the above obligation.
- If a Client uses an application programme interface of the GoPay Payment System, they are obliged to abide by GOPAY’s technical rules and instructions and comply with them including rolling changes thereof that GOPAY may make from time to time.
- A Client is entitled to make a complaint about erroneously made Electronic Money payments or extraordinary events that have occurred in relation to the GoPay Payment System within 3 months from the incident about which a complaint is made.
- A Client makes a complaint by sending a notification in the GoPay Payment System environment or to GOPAY’s contact e-mail address or makes a complaint by phone.
- Upon receiving a complaint, GOPAY shall investigate whether the complaint is justified. GOPAY is obliged to inform a Client of the outcome of its investigation and its position to the complaint within 30 days of receiving the respective complaint.
- If a complaint is justified, GOPAY is obliged to accept the complaint and take remedial measures.
- GOPAY is entitled to make an amount of a payment transaction that is the subject of a payer’s complaint non-disposable to a Client until the complaint is resolved. GOPAY is entitled to use this amount to pay GOPAY’s potential liabilities towards a bank if GOPAY is obliged to return the amount that is the subject of a complaint in accordance with the terms and conditions of providers of individual payment methods by means of which a payment transaction is made. If a complaint is made about a payment transaction, a Client is obliged to provide all relevant information and source data upon GOPAY’s request, in particular electronic ones, and/or other records about communication that has taken place about the transaction including the Client’s statement about the course of the payment transaction if appropriate, and do so within five working days.
- A Client is not entitled to any interest on the amount of an erroneously made Electronic Money payment.
- A Client acknowledges and agrees that services offered within the GoPay Payment System including disposal of Electronic Money may be subject to charges pursuant to the Table of Charges.
- GOPAY sets forth the Table of Charges in order to govern cost reimbursement and charges related to the operation of the GoPay Payment System. GOPAY is entitled to change the Table of Charges unilaterally and a Client agrees with this GOPAY’s entitlement to do so. A change of the Table of Charges follows the same rules as an amendment to these Terms and Conditions.
- An up-to-date wording of the Table of Charges is published at www.gopay.com.
- By agreeing with these Terms and Conditions a Client instruct GOPAY to deduct reimbursement and charges pursuant to the Table of Charges from the Client’s GoPay Account. If a GoPay Account balance does not suffice to deduct reimbursement or a charge pursuant to the Table of Charges, a Client is obliged to pay the above reimbursement or charge upon GOPAY’s request to do so.
- A charge may be imposed on a Redemption of Electronic Money only if a Client requests the Reverse Exchange before the day when the legal relationship that follows from the Contract expires or if a Client does so after more than 1 year after that day.
- A potential individual agreement shall have precedence over general provisions in the Table of Charges.
- If a new payment method is introduced that is not stated in the Table of Charges which is currently in effect, a Client agrees with charges for Issuance of Electronic Money by means of this payment method; a Client uses the respective payment method for the first time on the understanding that they have been acquainted with the above charges in advance
- If a payment is made through the GoPay Payment Gateway, a charge for the receipt of Electronic Money is paid by the Client who is the final recipient of the remitted amount.
- If a Client changes their activity and/or goods on offer without GOPAY’s prior consent, GOPAY is entitled to apply charges to the respective Client that are commonly applied to the given activity and/or goods on offer without any further notification. GOPAY is entitled to retrospectively charge a Client the difference between the originally applied charges and the newly applied charges for the whole period during which the Client has pursued the pertinent activity and/or has offered respective goods without having requested GOPAY’s prior consent. A Client is obliged to pay the subsequently charged difference in charges.
- GOPAY reserves the right to provide a discount from the charges laid down in the Table of Charges. The discount is effective as of the date stated in the discount notification.
- A Client and GOPAY arrange that their mutual communication shall take place primarily in Czech; however, a Client is also entitled to communicate with GOPAY in English. The parties may subsequently agree that communication may take place also in another language.
- A Client and GOPAY arrange that they shall send notifications and correspondence related to the Contract to one another by electronic post to their contact e-mail addresses; both parties regard this way of communication as convenient, reliable and efficient. Only in those cases when enforcing legal regulations require a notification or other document to be delivered by post or another similar way, shall a Client and GOPAY communicate with one another in that way.
- A Client’s contact e-mail address is their primary e-mail address recorded in the GoPay Payment System. A Client is responsible for their primary e-mail address being functional throughout the duration of the contractual relationship, and for making certain that it will be possible to send electronic post to it. GOPAY’s contact e-mail address is the e-mail address published on its website at www.gopay.com unless GOPAY determines another contact e-mail address in a specific case. GOPAY shall not be liable in those cases when a Client does not keep their primary e-mail address functional or when a Client does not regularly check received e-mails and does not reply to them in time or does not respond otherwise.
- GOPAY reserves the right to send notifications of operational or promotional nature to a Client through internal communication in the GoPay Payment System or by e-mail, and at the same time it reserves the right to request that a Client communicate with GOPAY in these matters in the same way.
- A Client agrees that info messages may be sent to them about their GoPay Account balance, transactions on their GoPay Account as well as any news in the GoPay Payment System. A Client may unsubscribe from the above messages by changing their GoPay Account settings.
- If legislation obliges GOPAY to provide certain information on a permanent data carrier, GOPAY shall meet this obligation by having that information permanently published on GOPAY’s website or by sending it to a Client in a .pdf format by electronic post to their contact e-mail address.
- A Client undertakes to give and make available to third parties neither information about negotiated trading and Terms and Conditions without GOPAY’s consent or without any statutory grounds nor any other information pertaining to GOPAY’s trading activities, trading or technology procedures and know-how if a Client obtains the above information in relation to performing contractual obligations, in particular also about the integration process and security mechanisms of the GoPay Payment System or defined parts thereof.
- A Client further undertakes to prevent making the GoPay Payment System software available to third parties.
- A Client’s obligations laid down in this Article continue even after the contractual relationship with GOPAY has been terminated.
- GOPAY undertakes to give and make available to third parties neither information about negotiated trading and Terms and Conditions nor any other information pertaining to a Client’s trading activities without the Client’s consent if GOPAY obtains the above information in relation to performing contractual obligations. However, GOPAY is entitled to give this information and other data and materials obtained from a Client to a third party if GOPAY is committed to do so upon a contract concluded with a provider of certain payment methods and if this third party is also bound by confidentiality pursuant to a contract concluded with GOPAY. GOPAY’s obligation pursuant to this provision shall continue even after the contractual relationship with a Client has been terminated.
- GOPAY has a right to unilaterally change these Terms and Conditions in accordance with the rules and terms and conditions laid down in this Article. A Client agrees with the above GOPAY’s entitlement.
- If GOPAY changes these Terms and Conditions, it is obliged to notify a Client of this amendment at least two months in advance by e-mail containing a link to the new Terms and Conditions from where a Client may print them or download them in electronic form.
- If a Client is not a small entrepreneur or a consumer, the time limit for notification of an amendment to these Terms and Conditions and of a change of the Table of Charges is reduced to fourteen days.
- A Client has a right to withdraw from the Contract free of charge and with immediate effect before the day when an amendment to these Terms and Conditions is to come into effect. If a Client does not withdraw from the Contract in the given time limit, they are deemed to agree with the Contract being governed by the new Terms and Conditions from the day these Terms and Conditions come into effect.
- These Terms and Conditions are published in electronic form and are available at the website of www.gopay.com.
- A reason for amending these Terms and Conditions may be one or more of the circumstances stated hereinafter:
a.Generally binding legal regulations are amended that impose such rights or obligations on GOPAY or a Client that are contrary to these Terms and Conditions, or these rights or obligations have to become part of these Terms and Conditions. The above amendments to generally binding legal regulations include among other things in particular an amendment to legislation that governs measures against legalisation of proceeds from criminal activity;
b.An amendment to these Terms and Conditions is necessitated by a need to improve the technical standard of the GoPay Payment System including improvement of its security against misuse, increase in user comfort, or a need to remove defects and deficiencies in the GoPay Payment System;
c.An amendment to these Terms and Conditions is necessitated by a need to protect a Client’s access password and a Client’s other codes or information in the GoPay Payment System;
d.Occurrence or spreading of a new risk for the operation of the GoPay Payment System or for the use of electronic means of payment (e.g. new forms of financial or computer crime);
e.A major change in the financial services market or in the issue or use of Electronic Money.
- A Contract is concluded in the language version a Client has selected in the GoPay Payment System environment; a Client always has the Czech language version of the Contract at their disposal. Should conflict between the Czech language version of the Contract and another language version of the Contract arise, the Czech language version shall always have precedence. After the Contract is concluded, GOPAY shall archive it. Throughout the duration of the Contract, a Client is entitled to obtain the content of the Contract and other information from GOPAY pursuant to S. 81 to S. 85 of the Payment System Act.
- A Contract shall be governed by the Czech legal order and in justified cases also by the wording of a financial services contract within the meaning of the provision of S. 1841 and related Sections of Czech Act No. 89/2012 Coll., the Civil Code, as amended (as regards consumers), or by legal regulations that will subsequently replace this provision in the Civil Code, by the Payment System Act and with regard to legal regulation of measures against the legalisation of proceeds from criminal activity, as amended. Should conflict arise between the provisions of this Contract and enforcing provisions of legal regulations, the enforcing provisions of legal regulations shall have precedence.
- Depending on their identification, GOPAY shall deem a Client to be a citizen of the Czech Republic. The place of performance pursuant to the Contract shall be GOPAY’s registered office in the Czech Republic; the contractual relationship shall be governed by the place of performance. Services pursuant to the Contract and these Terms and Conditions are provided in the Czech Republic where a Client’s GoPay Account is also established, recorded and operated.
- A Client is not entitled to transfer or cede any rights or obligations pursuant to the Contract to a third party without GOPAY’s prior consent in writing.
- Legal regulations or parts of these Terms and Conditions regarding consumer protection shall not apply to a Client who pursues business activities on the Internet on the basis of a pertinent authorisation for the purpose of selling goods or providing services and who uses a GoPay Account in relation to such their activity.If a Client uses their GoPay Account in relation to their business activities, they are obliged to provide evidence within one week that they are a small entrepreneur within the meaning of the Payment System Act. If they fail to do so in the given time limit, the respective Client shall not be deemed to be a small entrepreneur.
- Should conflicts arise between these Terms and Conditions and other rules that govern the use of GoPay Accounts and the operation of the GoPay Payment System, the provisions of these Terms and Conditions shall have precedence unless expressly stated otherwise.
- A Client acknowledges and agrees that regulations published by card associations or by GOPAY’s business partner that is a bank shall have precedence over the contractual provisions between GOPAY and a Client. A Client undertakes to abide by the regulations of card associations. This provision applies solely to making payment transactions by means of payment cards.
- A Client grants GOPAY their consent that GOPAY transfer their rights and obligations pursuant to the Contract without any further notification to another entity; GOPAY shall inform a Client about such a transfer without delay.
- Disputes that may arise between GOPAY and a Client in the issue and use of Electronic Money pursuant to the Contract may also be taken by the respective Client to the Financial Arbiter of the Czech Republic (Czech Act No. 229/2002 Coll., as amended), registered office in Washingtonova 25, Prague 1. A Client’s right to resort to court shall not be affected by the above; disputes arising from the Contract shall be heard and decided before courts in the Czech Republic unless enforcing legal regulations require otherwise. Disputes between a Client and GOPAY may also be settled by means of mediation pursuant to Czech Act No. 202/2012 Coll., which makes provision with respect to mediation.
- A supervisory authority over GOPAY’s activities shall be the Czech National Bank, registered office in Na Příkopě 28, 115 03 Prague 1, Czech Republic. A Client has a right to approach this supervisory authority with a complaint.
- Data entered by a Client in relation to opening their GoPay Account and their record stored in the GoPay Payment System serves as evidence about the Contract’s content.
- A Client shall respect GOPAY’s rights to registered trademarks and other objects under protection pursuant to a right to intangible assets including copyright, and shall refrain from any infringement of the above rights. The GoPay Payment System is GOPAY’s trademark that is protected pursuant to pertinent legal regulations.
- By concluding the Contract a Client confirms that they have been provided with all necessary information prior to concluding the Contract that is necessary for their decision to conclude the Contract with GOPAY, that they have acquainted themselves with these Terms and Conditions sufficiently in advance before concluding the Contract, that they regard the whole content of these Terms and Conditions as definite and comprehensible, and that their individual rights and obligations that follow from their contractual relationship with GOPAY are absolutely clear to them.
- A Client who had registered in the GoPay Payment System before these Terms and Conditions came into effect agrees that the Contract be established and that the rights and obligations of parties pursuant to the Contract are governed by these Terms and Conditions that are in effect as of the day when the Contract is concluded; as of the day when new Terms and Conditions come into effect, the Contract shall be governed by these new Terms and Conditions.
- These Terms and Conditions come into effect as of 10/3/2014.