This document constitutes a public offer (hereinafter, the “Offer”) of the operator of the PayPlatinum payment service, being the person ensuring the operation of the PayPlatinum payment service (hereinafter, the “Operator” and the “Service”, respectively), addressed to an individual making a payment using the Service (hereinafter, the “Payer”). The Operator and the Payer are jointly referred to as the “Parties”.

Performance of the actions provided for in Section 2 of this Offer constitutes the Payer’s full and unconditional acceptance of all terms of the Offer.

1. Subject of the Offer

1.1. The Operator provides information technology infrastructure for accepting and processing payments in favour of trade and service enterprises (merchants) (hereinafter, “Merchants”) that accept payments using the Service. Payments are made using the payment methods available on the Payment Page, including via the Faster Payments System (SBP) and/or bank cards (hereinafter, the “Payment Method”). The list of Payment Methods available for a particular payment is determined by the Operator and displayed on the Payment Page.

1.2. The Operator is not the seller, supplier or performer of the goods, works or services of the Merchant. The Operator does not determine or control the content of the transaction between the Payer and the Merchant, is not responsible for the quality, quantity, completeness, safety, legality, conformity with the description, advertising, timing or delivery of the goods, works or services of the Merchant, does not act as a guarantor, surety or insurer for the obligations of the Merchant, and bears no responsibility for the legality of the Merchant’s activities.

1.3. By making a payment through the Service, the Payer enters into an independent contractual relationship with the Merchant. The Operator is not a party to such relationship and does not assume any obligations arising from the contract between the Payer and the Merchant.

1.4. Processing of a payment does not constitute confirmation by the Operator of the legality, validity or justification of the transaction between the Payer and the Merchant.

1.5. All claims, demands and disputes relating to goods, works or services shall be submitted by the Payer directly to the Merchant.

1.6. For the purposes of this Offer: “Payment Page” means the interface of the Service, including a QR code and a payment link, through which the Payer makes a payment; “Payment Instrument” means a bank account, bank card or other means of payment of the Payer used to make a payment; “Payer’s Bank” means the credit institution servicing the Payer’s Payment Instrument, including the bank that issued the bank card.

2. Conclusion of the Contract

2.1. Acceptance of this Offer is the performance by the Payer of any of the following actions:

(a) ticking the box confirming consent to the terms of the Offer on the Payment Page (where such an interface element is available);

(b) initiating a payment after being given the opportunity to read the text of the Offer.

Performance of any of the above actions is sufficient for acceptance.

2.2. Acceptance means full and unconditional acceptance of all terms of the Offer without any exceptions or limitations and is equivalent to the conclusion of a written contract.

2.3. The contract remains in force for the period of processing of the payment and completion of all related settlements, including any refunds. A particular transaction is governed by the version of the Offer in effect at the time of acceptance.

2.4. The fact of acceptance, including the date, time, version of the Offer, session identifier and other technical data, is recorded by the Operator in electronic form and constitutes proper and sufficient evidence of the conclusion of the contract.

3. Making Payments

3.1. The name of the Merchant, the amount and the purpose of the payment are displayed on the Payment Page before the payment is confirmed. The Payer must check all payment parameters (amount, Merchant, purpose) before confirmation. The Payer bears full responsibility for the accuracy and correctness of the data entered on the Payment Page or in the Payer’s Bank application. A confirmed payment order is irrevocable, except in cases expressly provided for in this Offer. After confirmation and transmission of the order to the payment infrastructure, cancellation of the payment may be impossible.

3.2. The Operator does not guarantee the execution of every payment. A payment may be declined on the grounds provided for in this Offer, the rules of payment systems and applicable law, as well as at the Operator’s discretion where the grounds specified in Section 6 exist.

3.3. The Operator’s fee (if any) is displayed to the Payer before the payment is confirmed. Confirmation constitutes consent to the amount of the fee. The Payer’s Bank may charge its own fee in accordance with the agreement between the Payer’s Bank and the Payer.

3.4. Upon a successful payment, the Service generates an electronic receipt with a unique transaction identifier. The Payer is advised to keep the receipt.

3.5. Data from the Operator’s electronic transaction log may be used as evidence in establishing the circumstances of a transaction, together with other electronic and documentary evidence.

4. Refunds and Disputes

4.1. Refunds are made in the cases and in the manner provided for in this Offer, the rules of the relevant Payment Method, applicable law and/or instructions of payment infrastructure participants.

4.2. At the Merchant’s initiative. The decision to make a refund is taken solely by the Merchant. The Operator carries out the technical processing of the refund upon receipt of the relevant instruction from the Merchant. The Payer contacts the Merchant directly.

4.3. Non-performance by the Merchant. If the Merchant has not provided the goods, work or service, or the transaction has been cancelled, the Payer contacts the Merchant. The Operator is not responsible for non-performance by the Merchant and processes a refund only upon receipt of an instruction from the Merchant. If the Merchant does not respond to the request, the Payer may initiate a dispute procedure through the Payer’s Bank in accordance with the rules of the payment system.

4.4. Erroneous or duplicate payment caused by the Payer’s actions. The Operator is not responsible for payments made by the Payer in an incorrect amount, in favour of an incorrect Merchant, or more than once. The Payer contacts the Merchant. The Operator may, but is not obliged to, assist in the settlement.

4.5. Unauthorised transaction. Upon discovering a payment made without the Payer’s consent or using the Payer’s payment data by a third party, the Payer shall immediately contact the Payer’s Bank to dispute the transaction and notify the Operator.

4.6. Technical error of the Service (duplicate debit, debit in an amount exceeding the confirmed amount). The Operator takes reasonable measures to return the excess funds debited.

4.7. Dispute procedures are governed by the rules of the relevant bank, payment system and other payment infrastructure participants. The Operator participates in such procedures within its role as an information technology provider, but does not become a party to the dispute between the Payer and the Merchant on the merits of the transaction. The Operator may provide information about the transaction to payment infrastructure participants for the purpose of considering the dispute.

4.8. The Operator cannot make a refund if: the funds have been transferred to the Merchant and cannot be debited without its consent; a refund is technically impossible within the Payment Method used; the period during which a refund is technically possible has expired; or the refund contradicts the rules of the payment infrastructure. In such cases, the Payer contacts the Merchant and/or the Payer’s Bank.

4.9. A refund is made to the Payment Instrument from which the payment was made. The time for the funds to be credited depends on the Payer’s Bank and may be up to 30 business days. The Operator is not responsible for crediting times determined by the Payer’s Bank.

5. Obligations and Warranties of the Payer

5.1. The Payer undertakes to:

(a) provide accurate and complete payment data;

(b) use only its own payment instruments of which it is the lawful holder;

(c) check the payment parameters before confirming the order;

(d) immediately notify the Operator and the Payer’s Bank upon discovering unauthorised use of payment data;

(e) comply with the terms of the Offer and applicable law.

5.2. The Payer warrants that:

(a) it is a person with full legal capacity who has reached the age of 18;

(b) it uses its own payment instruments;

(c) the funds used for the payment have been obtained lawfully;

(d) the payment does not violate applicable law or international sanctions and is not connected with unlawful activity;

(e) the payment is made for personal purposes and is not connected with the Payer’s business activities.

5.3. The Payer may not assign its rights and claims under this Offer to third parties without the prior written consent of the Operator.

6. Rights of the Operator

6.1. The Operator may:

(a) decline to process a payment;

(b) suspend or cancel a transaction;

(c) request additional information and documents from the Payer;

(d) restrict or terminate the Payer’s access to the Service;

(e) apply automated and manual anti-fraud checks;

(f) transfer information about transactions to payment infrastructure participants, the Merchant and competent authorities in accordance with applicable law;

(g) engage third parties to perform obligations under the Offer;

(h) transfer its rights and obligations under the Offer to third parties without the consent of the Payer.

6.2. The Operator may decline, suspend or cancel a transaction without prior notice if there is a suspicion of fraud, money laundering, terrorist financing, violation of sanctions legislation, non-compliance of the transaction with applicable law, or upon receipt of a request from a bank, payment system or competent state authority.

6.3. The Operator is not obliged to disclose to the Payer the reasons for declining, suspending or cancelling a transaction if such disclosure would be contrary to security purposes or anti-fraud procedures or is prohibited by applicable law.

6.4. The exercise by the Operator of the above rights does not give grounds for claims by the Payer, except in cases provided for by applicable law.

7. Liability and Limitation of Damages

7.1. The Operator is not liable for:

(a) actions, omissions and obligations of the Merchant, including non-provision, quality, characteristics, advertising and delivery of goods, works or services, as well as the legality of the Merchant’s activities;

(b) information published by the Merchant;

(c) actions and decisions of banks, acquirers, payment systems, processing centres and other payment infrastructure participants, including declining of a payment, delay in crediting, blocking, withholding or seizure of funds;

(d) the operability of equipment, software, communication channels and networks not owned or controlled by the Operator;

(e) actions and decisions of state authorities;

(f) consequences of the Payer providing incorrect, incomplete or inaccurate data, including incorrect entry of the amount or details or selection of the Merchant;

(g) consequences of using the Service in breach of this Offer;

(h) technical failures that the Operator could not reasonably prevent or remedy.

7.2. The Service is provided on an “as is” and “as available” basis. The Operator does not guarantee uninterrupted or error-free operation of the Service or its availability at all times.

7.3. The Operator is not liable for indirect damages, lost profits, lost income, loss of data, reputational losses, moral damage or any other indirect, incidental, punitive or consequential damages, regardless of their nature and grounds, even if the Operator has been advised of the possibility of such damages.

7.4. The aggregate liability of the Operator for all claims and on all grounds relating to a particular transaction or series of related transactions is limited to the amount of the fee actually retained by the Operator for such transaction(s).

7.5. The limitations of liability set out in this Section apply to the maximum extent permitted by applicable law and do not apply to cases in which such limitation of liability is expressly prohibited by applicable law.

8. Data and Security

8.1. In the course of payment processing, the Payer’s personal and payment data are processed by the Payer’s Bank and other payment infrastructure participants. The Operator does not store the details of the Payer’s Payment Instruments. Information about the Payer that may be transmitted to the Operator by payment infrastructure participants is provided in masked or anonymised form and is used solely for processing the payment, handling refunds and claims, and preventing fraud. The Operator stores information about transactions (transaction identifier, amount, date, time and status of the payment), as well as the technical information provided for in clause 8.2. The procedure for data processing is determined by the Privacy Policy published at: https://payplatinum.io/ru/privacy-policy.

8.2. The Operator may collect and use technical information for the purposes of anti-fraud checks, ensuring security, preventing fraud and complying with the requirements of applicable law. Such information may be stored for the period necessary to achieve these purposes.

8.3. The Operator may transfer technical information to payment infrastructure participants and competent authorities in accordance with applicable law.

9. Force Majeure

9.1. The Operator is not liable for non-performance or improper performance of its obligations due to force majeure circumstances: natural disasters, epidemics, military operations, decisions of state authorities, imposition of sanctions and restrictive measures, changes in legislation, large-scale infrastructure failures, actions of banks and financial market regulators, and other extraordinary and unavoidable circumstances beyond the reasonable control of the Operator.

10. Miscellaneous

10.1. The exclusive rights to the Service, its software, design and the name “PayPlatinum” belong to the Operator or its licensors. Use of the Service does not grant the Payer any rights to the Operator’s intellectual property.

10.2. Electronic documents and data of the Service, including electronic receipts, unique transaction identifiers (transaction ID), technical logs, transaction log data, records of the date, time and parameters of acceptance, as well as the version of the Offer in effect at the time of the transaction, have legal force and constitute proper evidence in the consideration of any disputes and claims.

10.3. Before applying for judicial or other legal protection, the Payer may send a claim to the Operator. Claims shall be sent to: support@payplatinum.io, accompanied by the electronic receipt, the transaction identifier and a description of the circumstances. The period for consideration is 30 calendar days.

10.4. The Operator may unilaterally amend the terms of the Offer by publishing a new version on the Operator’s website and on the Payment Page. The new version applies to payments accepted after its publication. Transactions made earlier are governed by the version of the Offer in effect at the time they were made.

10.5. Relations between the Parties under this Offer are governed by the law of the country where the Operator is located. Disputes and disagreements not settled through the claim procedure shall be considered by the competent court at the Operator’s location, unless otherwise provided by mandatory rules of law applicable to the protection of the Payer’s rights as a consumer.

10.6. The Offer is drawn up in the Russian and English languages. The English text of the Offer is published at: https://payplatinum.io/en/public-offer. In the event of discrepancies, the Russian version shall prevail.

10.7. The invalidity of any individual provision of the Offer does not entail the invalidity of the remaining provisions.

10.8. Failure by the Operator to exercise any right does not constitute a waiver of that right.

10.9. The Operator may assist in settling disputes between the Payer and the Merchant by forwarding information about the Payer’s claim to the Merchant. Such assistance is a right, not an obligation, of the Operator.

10.10. The current version of the Offer is published at: https://payplatinum.io/ru/public-offer, and is also available on the Payment Page before the payment is made.