The Company offers the User to conclude an Intermediary and Technical Services Agreement (hereinafter referred to as the “Agreement”) on the terms of this Public Offer (hereinafter referred to as the “Offer”). Using the functionality of https://prostoplati.com (hereinafter referred to as the “Site”), the User can exercise the rights and perform the obligations stipulated by the Agreement.
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Preamble
For the avoidance of doubt, the parties have agreed as follows:
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By continuing to use the Site, the User confirms that he(she) is not in a state of delusion (major or insignificant) regarding the characteristics and functionality of the Site, the terms of the Agreement and his(her) own actions.
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The User understands that in accordance with the Agreement, the Site is provided on "as is" basis for the use in the purposes specified in the Agreement, including, without limitation, any documentation, improvements and updates. It means that the Company may stop serving the Site at any time.
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The Company also does not warrant that the Site is error-free, will meet the User's requirements, or that it will function properly when used in conjunction with any other software or hardware.
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All risks associated with the quality of work and performance of the Site are borne by the User.
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The Company strives to provide constant access to the Site. However, the Company has the right to suspend access to the Site in case of failures in operation or in connection with the service, systemic violations on the Internet (including on the server), in case of force majeure or other circumstances.
The Company enters into legal relations with the User subject to the above provisions. Such provisions are essential.
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Terms and Definitions
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“User” means an individual who uses the Site and has concluded the Agreement by accepting the Offer. The User must meet the following conditions:
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have no statutory limitations for the entry into the Agreement;
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act on their own behalf and in their own interests;
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reach majority age.
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“Company” means Company PLAYPAY LTD., registered under the laws of England and Wales, Registration number: 13752318, address: UNIT 161003, SECOND FLOOR, 6 MARKET PLACE, LONDON, FITZROVIA, W1W 8AF, UNITED KINGDOM.
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“Site” means the Company’s Internet website that can be accessed at: https://prostoplati.com. All information specified on the Site is recognized as an integral part of the Offer. Access to the Site is provided in accordance with the License.
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“License” means the following terms and conditions under which the User is granted the right to use the Site:
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Type of license: simple (non-exclusive) license.
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Territory of use: the whole world (except for countries that prohibit the use of the Site).
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License term: throughout the entire period of existence of the Personal Account.
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Permitted type of use: reproduction of graphic and(or) textual information on the screen of the User’s device in order to access the functionality of the Site.
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Permitted use: the Site may be used for the purpose of ordering the Platform Replenishment, as well as other related services.
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Sublicensing: the User is not entitled to issue sublicenses for the Site.
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“Registration” means the functionality of the Site for opening a Personal Account. The Registration includes entering Registration Data by the User. Successful Registration entails acceptance of the Offer and the conclusion of the Agreement between the Company and the User. During the Registration process, the User specifies the following information about him(her)self:
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Name;
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Email;
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Password and password confirmation.
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“Authorization Data'' means a unique Email-password pair, which is assigned to the User upon completion of the Registration. Authorization Data is required to enter the Personal Account.
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“Personal Account” means the functionality of the Site, unique for each User, available upon the Registration. The Personal Account is used to order services from the Company for the Platform Replenishment, as well as other related services.
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“Balance” means the functionality of the Site, aimed at displaying the current (unfulfilled) obligations of the Company to the User under the Platform Replenishment.
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“Commission” means information on the amount of the agency fee charged by the Company for the provision of services for the Platform Replenishment. The Commission is dynamic and can change at any time. The Commission for each Platform Replenishment is provided on the Site at the time of ordering. Such information on the Commission rate is an integral part of the Agreement.
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“Platform Replenishment” means the Company’s (agent’s) service of transfering the User’s (principal’s) funds in the manner stipulated in the Agreement through payment gateways enabling replenishment of the User's wallet on the Platform. The User sends the funds to the Company (agent) through the Site by replenishing the Balance. All transactions are carried out in accordance with the rules, regulations and format of involved payment systems. Based on the results of the service, the Company generates a report available to the User in the "Transactions" section of his(her) Personal Account.
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“Platform” means an online platform operated by a third party(ies) who is(are) not in a contractual relationship with the Company.
The Platform should have its own balance replenishing functionality and rendering the services to the users on such a Platform should be based on the replenishment and spending of such internal balance. The number of Platforms for which the Company provides the Platform Replenishment service is determined by the Company at its own discretion. The names of the Platforms for which the Company renders the Platform Replenishment services are displayed on the Site at the time of selecting the Platform.
The Platform end user should be the Site User. If the Platform end user is not the User, but a third party, then the User guarantees the existence of all necessary arrangements and agreements with such a third party, in an amount sufficient for the Company to legally fulfill its obligations before the User under the Platform Replenishment services.
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“Refund” means Company actions for returning the deposited funds to the User to replenish the Balance.
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Term and Termination
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The Agreement is considered concluded on the terms of the Offer from the moment the person is successfully registered as the Site User, and is valid until the parties fully fulfill their obligations.
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If the User violates the terms of the Agreement, the Company has the right to unilaterally extrajudicially withdraw from the Agreement (terminate the agreement unilaterally) by suspending all access of the User to his(her) Personal Account without any warnings and notifications.
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Amendments to the Offer and the Agreement
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The Company has the right to unilaterally amend the Offer and the Agreement by publishing a new version of the Offer on the Site.
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The Company undertakes to publish a new version of the Offer no later than the date of its actual amendment.
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The User undertakes to independently, with reasonable frequency, but at least once per two (2) weeks, check the Offer for amendments.
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The use of the Site for the Company services after publication of the new Offer version should be deemed as User acceptance of the amendments.
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Offer Acceptance
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The acceptance of this Offer is performed by the User by following the Registration procedure which is complete with the granting of access to the Personal Account of the User.
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To complete the Registration, the User should follow the link: https://prostoplati.com/register.
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Before entering the Registration Data, the User is obliged to fully read and agree to the terms of this Offer and the Personal Data and Cookie Processing Policy.
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If User agrees with and accepts the terms of this Offer and the Personal Data and Cookie Processing Policy, the User enters the Registration Data and confirms the entered password by using the functionality of the Site.
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By entering the Registration Data, the User guarantees the following:[*]
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Provided Registration Data are complete and true;
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The User is and will be the sole owner and rightful owner of the email address (Email) as using someone else’s email address is not allowed by the Company;
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The User understands that all actions performed through his Personal Account are considered to be committed by him(her);
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The User is aware of the need to take appropriate security measures in order to prevent third parties from accessing email.
[*] In the event that at the time of Registration the User complied with all the above guarantees, but during the execution of the Agreement the User ceased to comply with any of the above guarantees, he(she) is obliged to immediately stop using the Site, provide services, and is obliged to immediately notify the Company about this matter. Subsequently, such a User is obliged to act in accordance with the instructions of the Company, and the Company has the right to delete the Personal Account of such a User and immediately terminate the Agreement.
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Once the steps described above are performed, the User confirms his(her) consent with the terms of this Offer and the Personal Data and Cookie Processing Policy by putting [V] a checkmark in the appropriate checkbox.
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The last step of the Registration is confirmation of the completion of the Registration procedure by using the link sent by the Company to the email address. The User should not reply to the sent email as it will be sent automatically.
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After the User has clicked on the link in the email mentioned above, the Registration is considered successful, the User is assigned a Personal Account. The User gains access to the Personal Account by entering the Authorization Data.
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The Company has the right to refuse Registration to the User [*] if the Company has any reason to believe any for the following:
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The Registration Data are unreliable;
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The use of the Site is or will be carried out by the User in violation of the warranties provided (including the guarantee of compliance with legal requirements);
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The User, at the discretion of the Company, takes actions that harm or may harm the Company’s reputation.
[*] The Company has the right to cancel an already made Registration, regardless of the period of such registration. Cancellation of the Registration occurs in the same cases as the refusal of Registration.
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Use of the Personal Account
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After Registration, the User has access to the Personal Account. The User orders and receives the Company’s services through the Personal Account.
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The Company has the right to suspend the User's access to the Personal Account in the following cases:
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The Company has identified grounds for canceling his(her) Registration.
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The Company has identified suspicious attempts to enter Authorization Data (unauthorized access to the Personal Account).
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The Company received a request from the competent authority and(or) person regarding the activities of the User.
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In other cases at the discretion of the Company.
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When access to the User’s Personal Account is suspended, the following consequences occur:
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The User temporarily loses the ability to access the Personal Account by entering Authorization Data;
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For questions about restoring access to the Personal Account, the User has the right to write an appeal to the Company by email;
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Based on the restoration request of the User, the Company may request from the User additional information;
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Such a request may be sent by the Company on its own initiative. In any case, the User is obliged to act in accordance with the requirements of the Company contained in the request in order to restore access to the Personal Account.
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Upon fulfillment of all requirements of the Company, as well as if the Company has no other grounds for suspending access to the User’s Personal Account, the Company restores access to the User's Personal Account.
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The Company has the right to permanently delete the User's Personal Account in the following cases:
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At the request of the User by email;
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In the event that the reasons for suspending access to the Personal Account were not eliminated by the User within 30 (thirty) days from the date the request was sent by the Company.
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When deleting the User's Personal Account, the following consequences occur:
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The User permanently loses the ability to access the Personal Account;
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At the same time, the Company has the right to store information about all actions that were performed by the User using the functionality of the Personal Account, under the terms of the Personal Data and Cookie Processing Policy.
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If the User has not purchased the services of the Company within three (3) months from the date of the Balance replenishment, the Company is entitled to charge a monthly fee for maintaining the operation of such a Personal Account.
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The withdrawal of the funds (refund) reflected on the Balance is performed according to the rules of the Agreement.
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Restricted Use
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When using the Site, the User is not entitled to perform the following actions:
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To use the Site in violation of the terms of the Agreement;
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To distribute, sell, translate, modify, reverse engineer, or reverse compile or decompile, disassemble or create derivative works from the Site;
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To attempt to gain or to gain unauthorized access to other computer systems or networks to which the Site is connected;
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To intervene and take actions that will lead to interference or disruption of the Site, the servers on which they are hosted;
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To use any framing technologies using the materials of the Site;
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To use any meta tags, pay-per-click advertising model, any "hidden text", deeplinks, referring to the Site;
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To circumvent any encryption or other security measures;
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To use technologies "data mining" (data mining), "scraping" (scraping) or similar tools for collecting and extracting data from the Site;
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To sell, rent, transfer, distribute, use as a service or otherwise transfer to third parties access to the Site, which is provided to the User;
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To make any changes to the object code of the Site, and its components;
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To carry out other actions that may adversely affect the correct operation of the Site, as well as the reputation and good name of the Company, its managers, employees, customers, contractors.
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To take actions with respect to the Site in violation of the laws of the United Kingdom of England and Ireland (Great Britain), international norms, including the norms of legislation on copyright and the use of software.
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The User undertakes not to take actions that may cause material, technical damage or damage to the reputation of the Company, its counterparties, as well as the Site (including the public provision of inaccurate or deliberately false information about the Site).
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The User undertakes not to disclose the Company messages addressed to the User in connection with the use of the Site. The User is personally responsible for compliance with this paragraph.
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Payments Security
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When replenishing the Balance with a bank card, the payment processing (including entering the card number) takes place on a secure page of the processing system, which has passed international certification. Payment security is guaranteed by the processing center. This means that the User's confidential data (card details, registration data, etc.) are not received by the Company, their processing is fully protected and no one, including the Company, can receive the User's bank card data or other data necessary for the payment.
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All operations with the bank card data are performed according to the information security standard developed by the international payment systems Visa and MasterCard - Payment Card Industry Data Security Standard (PCI DSS). This standard ensures the safe processing of the details of the User's bank card. The applied data transfer technology guarantees the security of transactions with bank cards through the use of TLS (Transport Layer Security), Verified by Visa, Secure Code, MIR Accept protocols and closed banking networks with the highest degree of protection.
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Payment Return (Refund)
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If the User’s Balance is positive, the User has the right to demand the return of the payment from the Balance without explaining the reasons. At the same time, the User must remember that the commission of payment services, as well as the Commission of the Company, in this case, are not refundable.
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The Refund is performed as follows:
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The User sends an application for the Refund to the Company’s email;
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The Company reviews the application within five (5) working days;
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After there are two following options:
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If the service was not rendered, the Company performs the Refund to the User;
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If the service was provided improperly, the Company offers options for correcting the service.
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The Company determines the amount of the refund based on the operations of debiting funds from the User's Balance reflected on the Personal Account;
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The Company performs the Refund solely on the basis of the User's payment details, which he(she) entered for the initial Balance replenishment transaction.
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Services Rendering
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In accordance with the Agreement, the User gets the opportunity to receive the services of the Company for the Platform Replenishment. The service is ordered and paid using the Site, and the User pays the Commission to the Company.
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Payment details for the provision of services (total amount of payment; by how much the balance of the Platform will be increased; the amount of commissions of payment partners; the amount of the Company's Commission) will be posted on the Site at the time of ordering the service to replenish the Platform.
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To receive the Platform Replenishment service: (1) the User selects the Platform for which he(she) would like to receive the services and also enters identification data to identify the user of such Platform; (2) the User's balance on the Site is reduced by the cost of replenishing the balance of the Platform, and also, if the payment partners commission and(or) the Platform’s Commission were not deducted from the User when replenishing the Balance, by the amount of the such commissions; (3) the Company (or counterparties on behalf of the Company) makes a payment on behalf and at the expense of the User to the Platform owner(s), or his(her) counterparty (depending on the rules of the Platform) in order to replenish the balance of the Platform, in accordance with the rules of the Platform; (4) the operation to replenish the Platform is reflected in the "Transactions" section of the User.
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The Company may decide to provide a personal discount to the User or completely release the User from the obligation to pay for the maintenance of the Personal Account.
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When providing the Platform Replenishment services, the Company acts as an agent, and the User acts as a principal. In this case, the Company will be the User's agent only with respect to accepting from the User as the Principal the finds and transferring them to the Platform, in the cases, in the manner and under the conditions provided for by this Offer.
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Services Acceptance
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Acceptance of Company services does not require singing by the Company and(or) User of any acceptance act or any other specific document. The Company services are considered accepted by the User as follows:
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The Company's Platform Replenishment services is considered completely rendered at the time of replenishing the balance of the Platform for the amount debited from the User's Balance, reduced by the payment partners commission and the Company Commission.
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Information Security
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The User is responsible for the safety of the Authorization Data. All actions performed using the User's Authorization Data are considered performed by the User. In case of unauthorized access to the Personal Account or distribution of Authorization Data, the User is obliged to immediately notify the Company in writing.
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The User agrees that upon receipt of a request from government agencies, the Company has the right to disclose data about the use of the Site by the User.
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Governing Law and Dispute Resolution
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This Offer and the Agreement shall be governed by and construed in accordance with the laws of England and Wales (UK), regardless of conflicts of law rules that may require the application of the laws of another jurisdiction.
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The prescribed amicable dispute resolution procedure under the Agreement is mandatory for the parties. Each party should have sixty (60) calendar days from the date of receipt of the written claim before the other party should have the right to fille a dispute to the court. The claim should be in writing, duly executed and signed by an authorized person. It should be delivered by registered mail to the address of the party specified in the Offer (for the Company), or to the email provided during Registration (for the User).
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Any dispute arising in connection with the Offer or the Agreement, including any question concerning its existence, validity or termination, unless mutually settled amicably within sixty (60) days, may be submitted and finally resolved by the High Court of London, under the law of England and Wales. The language of the proceedings is English.
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Liability
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The User undertakes to reimburse the Company for losses caused by payments collected from the Company by third parties, including administrative fines from the control and supervisory authorities received by the Company due to violations by the User of the provisions of the Agreement and the law.
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To the maximum extent permitted by applicable law, the User agrees that the Company, its affiliates, agents, officers, directors, employees shall not be liable for any claim, loss or damage, including consequential or special damages, lost profits or otherwise arising while using the Site.
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The Company does not bear any obligations and liability in connection with the quality of the User's access to the Internet and the quality of the Internet connection.
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The Company is not responsible for failures or other problems in the operation of telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, as well as for failures in the operation of email or scripts (programs).
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The User acknowledges that when using the Site, he(she) sends information via communication channels for which the Company is not responsible, and the Company is not responsible for the safety of information transmitted via such electronic communication channels of the public network.
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The Company is not responsible for any delays, failures, incorrect or untimely delivery, deletion or loss of any user data or other information transmitted by the User to the Company, including using the available functionality of the Site. By performing these actions, the User guarantees that he(she) has backup copies of all sent information.
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The Company does not bear any liability to the User for losses, forced interruptions in business activity, loss of user and other data, for expenses (real, indirect, indirect), incidental losses, lost profits, lost income caused by the use and(or) associated with the use of the Site, including for the purpose of replenishing the Platform.
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The Company does not bear any responsibility to the User for losses caused by possible errors and typographical errors on the Site. However, the Company undertakes to take reasonable measures to prevent and correct such errors and typographical errors.
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The total amount of the Company's liability when the User uses the Site, including the amount of penalty fees and(or) recoverable losses, for any claim or claim due to the execution of the Agreement, is limited to the amount of the Commission actually received by the Company from the User.
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The Company is not responsible for dishonest actions of third parties in relation to the Site, including, but not limited to, dishonest actions to gain access to the Site servers, introduce viruses, other malicious programs, and commit other dishonest actions against the Company and third parties. At the same time, the Company undertakes to take a responsible approach to protection algorithms and take reasonable measures to prevent such situations.
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Intellectual Property
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The exclusive rights to the Site and any of its content belong to the Company or its counterparties, all rights to these objects are reserved.
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The User is not entitled to perform any actions with the Site and its contents, except for ordering services and obtaining the result of services.
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Contact Details and Exchange of Correspondence
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Parties’ Contact Details. In the course of fulfilling our obligations, there may be (and in some cases there must be) an exchange of important legal information between us. Such an exchange takes place using the appointed parties’ contact detailes (Contact Details), both in writing and in electronic form (equivalently). At the same time, the conclusion of a separate agreement on the use of electronic document management is not required. Our Contact Details are specified in the Official Notice (at the end of this document), and your Contact Details are indicated by you in the Personal Account. Please remember that you bear all the risks associated with the accuracy and relevance of your Contact Details. Please make sure that we only have your up-to-date Contact Details.
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Correspondence Exchange. The exchange of correspondence is possible only with the use of the Contact details of the parties.
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Final Provisions
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In the event that certain provisions of the Offer cannot be applied to the specified extent due to legislative restrictions, they are to be replaced by provisions that are as close as possible in their meaning to the original ones, and are subject to application in a modified form (including to already established legal relations).
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Recognition as invalid in whole or in part of one or more provisions of the Offer does not entail the invalidity of other provisions of the Offer, or the Offer or the Agreement as a whole.
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Official Notice
PLAYPAY LTD.
Registered under the laws of England and Wales
Registration number: 13752318
Address: UNIT 161003, SECOND FLOOR, 6 MARKET PLACE, LONDON, FITZROVIA, W1W 8AF, UNITED KINGDOM.
Email: info@prostoplati.com
Email (Questions about Personal Data): privacy@prostoplati.com
THESE CONTACTS ARE THE ONLY OFFICIAL SOURCES OF COMMUNICATION WITH US. PLEASE BE CAREFUL!
Link to document: https://prostoplati.com/offer/en