Public Offer for the use of GOS Pay Service

This Offer comprises the terms of the Contract for services associated with settlement of payments using “GOSPay” Service (hereinafter referred to as the “Service Contract” and / or “Contract”).

Performing operations specified in this Offer confirms your consent to conclude the Service Contract in the manner and scope and subject to conditions as provided for in this Offer.

The text set forth below “The Opportunities Offered” addressed to the natural persons is the official Public Offer of GOS Payment OU with a proposal to conclude the Service Contract according of the EU Payment Services Directive (2007/64/EC ) in the EU or EEA and the UK Payment Services Regulations 2009.

The Service Contract is deemed concluded and becomes effective on the date of performing operations provided for in this Offer by the natural persons on a basis of accession.

Subscriber Number is the telephone number assigned to the user by the mobile phone operator at the moment of connection of the user to the cellular carrier network, which uniquely determines (identifies) the person.

Authentication Data - unique user name (branch number) and password (selected by the Customer during registration) used for access to the Service from the Internet network and / or mobile device.

Authorization is the procedure of analysis of the authentication data entered by the user specifying access rights of the user to the services.

Information Service is the service provided by the System intended to render the services to the user associated with the receipt of information and reference materials, data on accounts opened, payment released by the user etc. The System shall provide the information services to the user free of charge.

Service Use is the execution by the user of any actions intended to manage its payment instruments and pay for goods. Use of Service by the user (with the exceptions of the Information service) shall be acceptable pursuant to the prior registration of the payment instruments in the System.

Mobile Device means mobile telephone, smartphone, tablet computer or other device specified on the website as supported hardware.

User is a natural person of the age of eighteen (18) years or more registered in the System, who possesses full legal capacity in accordance with current legislation of Country of residence and performs voluntary and informed acts for conclusion of the Service Contract by means of acceptance of conditions of this Offer.

Payment Instrument means payment details given to the user by the financial institution when concluding the Service Contract: banking account, bank payment card and / or credit card, electronic cheque and virtual currency account, which belong to the user pursuant to the contracts concluded.

Confirmation of the Payment Instrument is a procedure confirming the user’s title to the Payment Instrument with the involvement of the financial institution, which provides services to the user.

Payment is a transfer of money from the user’s Payment Instruments in exchange for goods acquired to fulfill financial obligations of the user towards the Suppliers. Financial operations with the user’s Payment Instruments in respect of freezing, unblocking, withdrawal of money, transfer and remittance of funds are conducted by the financial institutions, which hold registration certificates and licenses in accordance with current legislation of European Union (banks and financial companies – partners of the System) without participation of reference details of the System.

Supplier is a legal entity and / or individual entrepreneur engaged in the direct selling of products for personal, family and for domestic use.

Service is electronic register for accounting, amendment or termination of mutual rights and obligations of the Parties to the Contract concluded under the terms and conditions of this Offer. Description of the Service shall be available on the website. The Service provides an opportunity to conduct registration, create user accounts and manage user accounts by means of creation and safeguard transfer through the Internet network of the documents (commands) signed by the equivalent of a handwritten signature - Electronic digital signature attribute: user’s private key. The System shall be engaged in the arrangement of work of the Service and the provision of services associated with accounting of mutual rights and obligations of the Parties.

“GOSPay” Service is the client-end portion of the software of the Service meant for use of the Service by the User with the help of mobile device.

System - “GOS Payment OU” (hereinafter referred to as the GOS Payment) and specified on the website service companies and financial institutions (banks, financial companies etc.) engaged in accounting, technological and information support of the Service in accordance with ongoing contracts.

Parties: the System and the User.

Product: products, works and/or services provided by the Suppliers to the final customers for personal, family and for domestic use.

Electronic digital signature is a type of electronic signature received as a result of cryptographic transformation of the set of electronic data added to this set of data or logically related to it and provides an opportunity to confirm its integrity and unambiguously identify the signatory. Electronic digital signature shall be affixed with the help of the private key and validated with the help of the public key. An electronic digital signature is an electronic equivalent of a handwritten signature of the User, which shall be recognized by the Parties as unambiguous and indisputable confirmation of concluded agreements, issued orders, specified requirements and notifications.

Private Key is an attribute of cryptographic algorithm for creation of the Electronic digital signature, to which the signatory only, i.e. to the User has access.

Public Key is an attribute of cryptographic algorithm for validation of the Electronic digital signature, to which the parties to a relationship in the area of use of the Electronic digital signature have access.

WEB-site of the Service (hereinafter referred to as the “Service Site”) is the website hosted in the Internet network at email address: https://www.gospay.net.

2.1. The subject of this Contract concluded by the User on the basis of accession to this Offer by performing voluntary and informed acts shall be provision by the System of certain services to the User for the purpose of acquisition of goods offered by the Suppliers specified in the Service.

2.2. For the purpose of the appropriate provision by the System of the services under the Contract, the natural person shall carry out registration in the System in accordance with the procedure specified in the Section III of this Offer prior to start of fulfillment by the System of its obligations according to article 2.1. hereof.

2.3. The Service shall be provided by the System (with the exceptions of the Information service) on a fee-paying basis. The User agrees to pay for the services provided by the System in accordance with the procedure specified in the Section IV of this Offer.

3.1. For procurement of the right of access with the purpose of the Service use, the natural person shall carry out registration of the User in the System prior to start of the Service use. Registration of the User in the Service shall be carried out as follows:

3.1.1. Natural person shall set up “GOSPay” Service to the mobile device from the website of the Service, Andriod Market, AppStore or other sources authorized by the System. The list of authorized sources shall be available on the web site of the Service.

3.1.2. Natural person shall enter the subscriber number in the international format, password and password confirmation in the form.
a) Subscriber Number specified by the natural person in the course of registration will be used as the user name (login) when using the Service. Natural person agrees to receive the registration SMS message to its branch number;
b) Natural person shall confirm the consent to the terms of this Contract prior to registration;
c) After receipt of SMS message with the confirmation code to the Subscriber Number specified in the process of registration, the natural person shall enter this code in the relevant field of the registration form;

3.1.3. The registration shall be deemed complete after entering correct confirmation code and Authentication Data by the natural person in “GOSPay” Service. After completion of registration the natural person earns the status of the User.

3.1.4. After completion of registration the User shall receive the user account in the System, and “GOSPay” Service shall generate the attributes of the Electronic digital signature: User’s public key and private key. Electronic digital signature attribute: User’s private key shall be held in GOSPay” System on the User’s mobile device in encrypted form. Electronic digital signature attribute: public key shall be transferred to the System.

3.2. For obtainment of the Service the User shall register at least one Payment Instrument in the System. Registration of the Payment Instrument shall be made according to the following procedure:
a) The User shall launch “GOSPay” Service on the mobile device and enter Authentication Data;
b) The User shall add the Payment Instrument in “GOSPay” Service by means of entering the reference details assigned to the User by the financial institution. For bank payment cards and / or credit cards Visa / MasterCard:
I) card number;
II) card validity;
III) cvv2 Code, - three-digit code specified on reverse side of the card;

3.2.1. The Payment Instrument shall be deemed registered after filling of all relevant fields in the form for addition of the Payment Instrument.

3.2.2. The System at its own discretion may require from the User to complete the process of confirmation of the Payment Instrument. For this purpose:
а) “GOSPay” Service asks and the User agrees and initiates the procedure of confirmation of the Payment Instrument.
b) The System conducts the banking transaction in respect of freezing of 1 EUR amount on the user’s account, generates the Payment Instrument confirmation code and holds this code in the description of the payment purpose;
c) the User may receive the Statement in respect of the Payment Instrument operations and the Payment Instrument confirmation code in the description of the payment purpose by filing a request with the department of the financial institution, using the Internet banking system or by other means stipulated by the financial institution;
d) The User shall enter the code in the relevant field of the form for the Payment Instrument confirmation in GOSPay” Service.

3.3. The Payment Instrument shall be deemed confirmed after entering correct confirmation code of the Payment Instrument in the form of “GOSPay” Service.

3.4. The User shall complete initiated procedure of confirmation of the Payment Instrument within three (3) banking days from the moment of initiation. In the event of missed deadline, the User’s request for initiation of the procedure of confirmation of the Payment Instrument shall be withdrawn.

3.5. Amount of the banking transaction (1 EUR) shall be unfrozen on the User's account five (5) banking days upon the commencement of the initiation by the User of the procedure of confirmation of the Payment Instrument and without reference to the result.

3.6. From the date of performance by the User of all abovementioned activities associated with registration in the Service, registration of the Payment Instrument and successful completion of the procedure of the confirmation of the Payment Instrument (if necessary), the User is acquires a right to use the Service to the fullest extent, pursuant to the terms and procedures set forth on the website of the Service.

3.7. The User has a right of refusal form carrying out the procedure of confirmation of the Payment Instrument of its own free will. In this case the User deliberately agrees that the System has a right to impose some restrictions on the amount of a sum of payment or bar the User from fulfilling certain payments at the present time and in the future.

4.1. The Service shall be provided by the System (with the exceptions of the Information service) on a fee-paying basis. The User agrees to pay for services provided by the System in accordance with the procedure specified in this clause. The System shall provide the information services to the User free of charge.

4.2. Each payment-related event shall be accompanied by signing the document, which constitutes the instruction of the User to effect the payment. The electronic digital signature shall be used as the method of subscription. In this way the Parties acknowledge the legality of the payment.

4.3. The cost of services provided to the User by the System shall be established as commission fee from amount of each payment effected by the User in favour of the Supplier.

4.3.1. The commission fee shall be calculated as from the date of effecting of the payment by the User. The cost of services provided by the System shall be added to the costs of goods. At that the User shall be notified of the total payments subject to commission, as well as a sum entered to a Supplier’s account in exchange for goods acquired by the user.

4.3.2. The cost of services and a sum entered to a Supplier’s account in exchange for goods acquired by the User on every payment shall be submitted to the User for approval, and in case of approval the payment shall be signed using the Electronic digital signature attribute: User’s private key, after which processed by the System.

4.3.3. The User has a right of refusal form making payment of its own free will and it is not obliged to sign the payment using the Electronic digital signature attribute: User’s private key. In this case the User deliberately chooses not to effect this payment.

4.4. The User agrees that its obligation to the Supplier to pay for goods is deemed fulfilled as from confirmation by the System of the fact of successful effecting of payments in favour of the Supplier.

4.5. The System warrants that it has authority to act on behalf or at the direction of the Suppliers specified in the Service. Besides, the System is entitled to pursue actions associated with the acceptance of payments, remittance of accepted payments to the Suppliers and communication of information on the payments to the Suppliers.

4.6. Use of the User’s attributes of the Electronic digital signature provides the authentication of the electronic document and identity of the signatory. Use of the Electronic digital signature in the electronic messages transmitted in the process of the Service use by the User produces the legal effects equal to the consequences, which occur when using the handwritten signature and all documents associated with the fulfillment of conditions of “The Opportunities Offered” and attested by the attributes of the Electronic digital signature: user’s private key, shall be qualified as the documents in a written form.

4.7. After authentication of the Electronic digital signature the System shall inform the User on acceptance of payment or refusal to effect relevant payment, depending on the results of authentication.

4.8. The System does not regulate and control the legality of the transaction between the User and the Supplier, terms of transaction, fact and consequences of conclusion of transaction, execution and termination of transaction, including as it relates to the recovery of payment under this transaction. Besides the System does not consider claims of the User related to nonfulfillment (inadequate fulfillment) of obligations by the Suppliers.

5.1. The User has a right to use the Service to the fullest extent by making payments, performing relevant operations in the Service in accordance with the procedure specified in the Service. Detailed description of all services provided by the System shall be available on the website of the Service.

5.2. The User has a right in unconditional repayment by the System of paid money, if the payment effected by the System with the use of the User’s Payment Instrument was not signed using the attributes of the Electronic digital signature: User’s private key.

5.3. Use of the Service implies that the User shall not reconstruct, repeat, copy, sell, assign and commercially exploit any elements of “GosPay” Service, and shall not grant access to the Service to any third party for use of “GOSPay” Service by such third party for the purposes specified in this clause.

5.4. Right of use of the Service after registration of the User is exclusive and non-transferable. If the User transfers its Authentication Data and / or Electronic digital signature attribute: User’s private key to any third party, the User shall be held fully liable for any actions performed by such third party associated with the use of the Service and for any possible damage caused by such third party to the Parties.

5.5. The User has a right of refusal form use of the Service, ensuing consequences specified in clause 8.8. of this Offer.

5.6. In case of loss of Authentication Data and / or Electronic digital signature attribute: User’s private key, the User shall promptly give notice to the System by any means set forth on the website of the Service in “Contact Us”. In this case Authentication Data and user account shall be locked. In case of untimely informing of the System on the loss of Authentication Data and / or Electronic digital signature attribute: User’s private key, the System will not be liable for the damage caused by the Parties prior to receipt of due notification by the System.

5.7. At any time within the framework of the Information Service provided by the System, through the interface of “GOSPay” Service, the User has a right to receive information on payments effected with the use of the Service over a period of one (1) calendar year preceding the date of delivery of information. If the User requires information on payment(-s) effected with the use of the Service beyond the term mentioned above, the User is entitled to direct written inquiry to the System with specification of the time period of use of the Service. Information shall be given to the User within ten (10) business days as from receipt of the relevant inquiry.

5.8. The User is informed and agrees that all transactions in the Service shall be conducted only upon condition of insertion of correct User’s Authentication Data, and payments shall be effected with the use of the Electronic digital signature attribute: user’s private key.

5.9. By concluding the Contract under the terms and conditions of this Offer the User consents to processing of its personal data by the System, including but not limited to the following activities: information acquisition, systematization, accumulation, storage, refinement (updating and altering) and use. The User consents to transfer by the System of its personal data to the third party for the purpose of provision of the Service, upon availability of the contract duly concluded between the System and such third party.

5.10. By concluding the Contract under the terms and conditions of this Offer the User confirms availability of the valid Contract executed with relevant financial institutions, service companies and other establishments and confirms ownership of monetary funds and legality of their use for making payments.

6.1. The Parties agree to take all necessary precautions for security and safety of information and documents available to the Parties in the process of the Service use and subject to communication in the Service.

6.2. The User shall take individually all necessary precautions for confidentiality preservation, prevention of unauthorized use and protection against unauthorized access of the third party to its Authentication Data and / or Electronic digital signature attribute: User’s private key. The User shall hold in confidence its Authentication Data and / or Electronic digital signature attribute: User’s private key.

6.3. The System shall protect the confidentiality of the User’s personal data and other information on the User obtained by the System resulting from use of the Service by the User, with the exception of cases when:
• information came into the public domain;
• disclosure of information upon the request or with the permission of the User;
• information is subject to communication to subcontractors of the System as required for provision of the Service to the User;
• disclosure of information in accordance with the requirements of legislation.

6.4. The Parties assume obligations not to conduct through the Service illegal financial transactions, illegal trade, money laundering and other transactions, which abuse law of European Union;

6.5. The System reserves the right to deny making payment using the Service to the User in the event of reasonable doubt in the legality of acts of the User. The System reserves the right to demand of the User the execution of the process of confirmation of the Payment Instrument.

6.6. The User may not use the Service for conduct of operations in furtherance of systematic acquisition of income or money laundering. The User is informed on the criminal and administrative responsibility for realization of business activities without registration or with violation of registration rules, license requirements and conditions.

6.7. The System shall exercise constant control over preservation of confidentiality of the user’s personal information. The System shall not use and disclose information which identifies the User both within the System and beyond.

6.8. In the event of violation by the User of obligations stipulated in sections V and VI of this Offer, the System has a right to lock the access to the Service for the period of rectification of the violation by the User.

7.1. All disputes arising out of or in connection with the Contract concluded under the terms and conditions of this Offer shall be settled amicably by negotiation between the Parties.

7.2. In case of any dispute, the initiating Party shall issue a claim to another Party and state facts in a written form.

7.3. If the Parties cannot settle a dispute in an amicable manner, the dispute shall be referred to and finally resolved through legal proceedings in accordance with legislation of Estonia. At that in the course of judicial proceedings neither of the Parties shall be limited by provision of evidences or arguments adduced earlier in the course of negotiations.

8.1. The System has a right to introduce amendments to the Contract in its reasonable discretion by way of placement of the text of this Offer with an indication of such alterations on the web site of the Service. The amendments shall be immediately valid and effective from the date of placement, unless other term of the entry into force of the amendment is specified additionally during the placement of the text “The Opportunities Offered”. Introduced amendments shall be deemed accepted by the User after the first use of the Service following introduction of such amendments.

8.2. The System has a right to terminate the Contract if the User is in breach of any of its conditions or for a different reason as stipulated by current legislation of Estonia.

8.3. The User represents and warrants that he (she) has read and understood all terms and conditions of the Contract and accepts the terms of a Contract without demur and to the fullest extent.

8.4. The User represents and warrants that he (she) is not going to use the System otherwise than specified in the Offer and on the website of the Service.

8.5. Time of execution of any actions of the User of using Service and website of the System shall be set by Tallinn time.

8.6. No action of the System, if the User is in breach of any of the conditions specified in “The Opportunities Offered”, does not deny the System’s right to protect its interests in the future and does not mean the waiver of right, if the User performs such violations in the future.

8.7. The Contract is deemed concluded under the terms and conditions of this Offer from the moment of registration of the User in the Service and acceptance of the terms and conditions of contract conditions.

8.8. The Contract concluded by the User by means of accession to this Offer, by performing implicative action stipulated in this Offer, may be terminated by the User by written notice to the System. The Contract is deemed terminated ten (10) calendar days after receipt of notification by the System.