UAB “Livil Pay” Terms and Conditions
These Merchant Terms and Conditions (hereinafter referred to as “T&C”)
constitute the business
conditions of the company - UAB “Livil Pay”, company code 305963747, with a registered office at
Gedimino pr. 20, LT-01103 Vilnius, (hereinafter referred to as “Livil), registered in the
Register
of Legal Entities of the Republic of Lithuania, drawn up in accordance with Lithuanian law.
Before the start of using the services of Livil as described below, the Customer (or “you”)
shall
agree to these T&C, which form a legally binding contract between the Customer and Livil. For
non-individual legal entities (such as corporations), the “Customer”, also referred to as
“Merchant”, is the legal entity that registers for the service through its officers, employees,
or
other authorized persons.
The natural person, the ‘Customer” is the natural person that registers for the services
personally.
The Services are intended for users who are at least 18 years old. Persons under the age of 18
are
not permitted to use or register for the Services.
AGREEMENT TO OUR LEGAL TERMS
We are UAB Livil Pay ('Company', 'we', 'us', 'our' ‘Livil’), a company registered in Lithuania
at
Gedimino pr. 20, LT-01103 Vilnius. Our VAT number is 305963747.
We operate the website http://L.cash/ (the 'Site'), the mobile application L.Cash (the 'App'),
as
well as any other related products and services that refer or link to these legal terms (the
'Legal
Terms') (collectively, the 'Services').
You can contact us by email at support or by mail to [email protected], Gedimino pr. 20,
LT-01103 Vilnius, Lithuania.
These Legal Terms constitute a legally binding agreement made between you, whether personally or
on
behalf of an entity ('you'), and UAB Livil Pay, concerning your access to and use of the
Services.
You agree that by accessing the Services, you have read, understood, and agreed to be bound by
all
of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. If we terminate or
suspend your account for any reason, you are prohibited from registering and creating a new
account
under your name, a fake or borrowed name, or the name of any third party, even if you may be
acting
on behalf of the third party. In addition to terminating or suspending your account, we reserve
the
right to take appropriate legal action, including without limitation pursuing civil, criminal,
and
injunctive redress.
Supplemental terms and conditions or documents that may be posted on the Services from time to
time
are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Legal Terms from time to time. We will
alert
you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive
any
right to receive specific notice of each such change. It is your responsibility to periodically
review these Legal Terms to stay informed of updates. You will be subject to and will be deemed
to
have been made aware of and to have accepted, the changes in any revised Legal Terms by your
continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18
are
not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. Definition of basics terms used in T&C
The following terms when used in these T&C or any document referred to
herein shall have the
following meaning:
1.1. Agreement means these T&C and any annexes hereto;
1.2. Account – the account opened in Livil for the Customer
use;
1.3. Business Day means any day other than a Saturday or a Sunday or a
public or bank holiday
in
Lithuania;
1.4. Confidential Information means any information which is marked as
“Confidential” or
“Proprietary” or should be reasonably expected to be confidential having regard to the context
of
disclosure or the nature of the information; including, without prejudice to the generality of
the
foregoing, the terms of this Agreement as well as business plans, data, strategies, methods,
customer and Customer lists, technical specifications, transaction data and customer data shall
be
deemed confidential;
1.5. Consumer – a natural person who operates under these T&C and its
annexes and does not
pursue
aims which are not consistent with the business, commercial or professional activity of this
person.
1.6. Digital Assets - means any digital assets (such as
cryptocurrencies, stablecoins and tokenized assets), accepted and supported by Livil, and
subject to revision, prohibitions and limitations at any time.
1.7. Prices – prices for the Livil`s services and operations confirmed
in accordance with the
procedure established by Livil;
1.8. Commission fee – a fee charged by Livil for a payment operation
and/ or related
services.
1.9. Services means payment and e-cryptocurrency services as indicated
in Clause 2.8. of this Agreement and provided by Livil.
1.10. Password (Passwords) – any code of the Customer created in Livil`s
system or a code
provided
to the Customer by Livil for access to the Account or initiation and management of separate
services provided by Livil and/ or initiation, authorization, implementation, confirmation, and
reception of Payment operations.
1.11. Payment transfer – a payment service when cryptocurrency is
transferred to the payment account of the Customer under the initiative of the
Payer;
1.12. Payment order – an order from the Payer or the Recipient (payment
transfer) for the
provider
of payment services to execute a payment operation;
1.13. Payment operation – a cryptocurrency deposit, transfer or
withdrawal initiated by the Payer or the Recipient;
1.14. Payment service – services allowing to deposit to and withdraw
cash from the payment account as well as all operations related to management of the payment
account; payment operations, including transfer of cryptocurrency held on the payment account
opened in the institution of the provider of payment services of the Customer of payment
services or in another payment institution; payment operations using a payment card or a similar
instrument and/ or credit transfers, including periodic transfers; issuance and/ or acceptance
of payment instruments; cryptocurrency remittances; payment operations when the consent of the
payer to execute the payment operation is given using telecommunications terminal devices,
digital or IT devices and the payment is performed to the operator of the telecommunications
network or IT system, who is only a mediator between the provider of goods and the Customer of
payment services;
1.15. Payment Instrument – a personalized tool and / or certain
procedures agreed between
Livil and
the Customer and which are used by the Customer for the initiation of the Payment
order.
1.16. Payer – a natural or legal person submitting a payment
order;
1.17. Recipient – a natural (private) or legal person indicated in the
payment order as a
recipient
of the payment;
1.18. Website means collectively Livil`s website, mobile and tablet
device sites and
applications;
1.19. Unique identifier – a combination of letters, numbers, and symbols
which Livil, as the
provider of payment services, provides to the Customer of payments services, and which is used
for
identification of the Customer of payment services participating in the Payment operation and/
or
an Account of the Customer used in the Payment operation.
1.20. If there is any conflict between the clauses of these T&C and the
Terms of Use, the
conflict
shall be resolved in accordance with the following order of precedence:
1.20.1. the annexes to the Agreement;
1.20.2. these T&C;
1.20.3. any other document referred to in this Agreement or any other
document attached
to this
Agreement.
1.21. In addition to these T&C, the relationships between Livil and the
Customer are
regulated by
the laws and other legal acts of the Republic of Lithuania, Prices list, other additional
annexes
and by the principles of intelligence, justice, and honesty.
2. Provision and use of the services provided by Livil
Registration and creation the Account
2.1. The Services provided by Livil facilitate the execution of payments
from a Customer to the
Merchant
as well as the execution of payments between Customers and Recipients and between the Customers
and
Payers.
2.2. The Customer’s account is the digital assets account which enables
the Customers to send and receive payments, exchange cryptocurrency.
2.3. To start to use the Services provided by Livil, the Customer (legal
person and/or
natural
persons)
must first submit the application for opening the Customer’s account and provide the information
requested by Livil.
2.4. Livil has the right to refuse to register the new Customer without
indicating the
reasons,
however,
Livil assures that the refusal to register will always be based on significant reasons which
Livil
does
not have to or does not have the right to reveal.
2.5. These T&C comes into force after the Customer has registered in the
system of Livil,
read
terms
and
conditions of the present T&C and expressed his/ her consent to comply with them electronically.
The
T&C
is valid for an unlimited period, unless otherwise agreed by the Parties. The up-to-date version
of
the
T&C and the Prices is always available on the Company’s Website and the Customer Account. Upon
request
of
the Client, the T&C and the Prices may be provided to the Client anytime on paper or by e-mail
at
the
address indicated by the Client.
2.6. The Customer confirms that he/ she supplied the correct data when registering in the system
of
Livil
and, if there is a need to change or add data, the Customer will give correct data only. The
Customer
is
liable for any losses that may occur due to submission of invalid data.
2.7. The Customer acknowledges and agrees that Livil operates solely as a payment intermediary
and
that
Livil:
2.7.1. under no circumstances functions as a seller, buyer, dealer, retailer, auctioneer,
supplier,
distributor, manufacturer, broker, agent, or merchant of Customer product/service;
and
2.7.2. makes no representations or warranties and does not ensure the quality, safety or
legality
of
any
Customer product/service.
2.7.3. In addition, you agree to defend, indemnify, and hold us harmless, including our
subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against
any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made
by
any
third party due to or arising out of:
(1) your Contributions;
(2) use of the Services;
(3) breach
of
these Legal Terms;
(4) any breach of your representations and warranties set
forth in these
Legal
Terms;
(5) your violation of the rights of a third party, including but not
limited to
intellectual
property
rights; or
(6) any overt harmful act toward any other user of the Services
with whom you
connected
via
the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the
exclusive defense and control of any matter for which you are required to indemnify us, and you
agree
to
cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to
notify
you
of any such claim, action, or proceeding which is subject to this indemnification upon becoming
aware
of
it.
The Customer acknowledges and agrees that any dispute regarding any Customer’s product/service
is
between
the sender and receiver of the funds and/or the supplier and receiver of the goods or services.
Any
transaction connected with the Customer’s products/services shall only obligate the Customer.
Livil
shall
not be a party to any resulting dispute including but not limited to disputes over performance
and
liability issues relating to the delivery, quality, quantity, or use of the Customer
products/services.
Customer shall fully indemnify Livil against any loss or liability (including full reimbursement
of
any
legal and professional costs) Livil suffers or incurs as a result of, or in connection with, any
claim
made or threatened by a third party relating to any Customer’s products/services, or any other
breach
of
these Legal Terms by the Customer.
2.8. Livil intends to provide the following services:
2.8.1. Digital assets issuance and redemption;
2.8.2. Execution of payment transactions;
2.8.3. Issuing and/or acquiring payment instruments.
2.9. The features and more detailed information of the above indicated services provided by
Livil
shall
be pointed out in the additional agreement between Livil and the Parties.
Customer identification
2.10. Legal Person:
2.10.1. The Customers – legal persons- should have legal business qualifications, standardized
internal
management, sound financial systems, and good financial situation.
2.10.2. The Customers shall provide including, but not limited to the following information and
documents
to Livil:
2.10.3. Business licences or the extract from the public registers of
the
relevant authority
about
the
Customer as legal entity, which shall indicate at least the basic information about Customer –
registered
name, registered location, registration number, tax registry number;
2.10.2.2. Tax registration certificates;
2.10.2.3 . Power of attorney which shows that the legal representative
of the
legal persons
is
enable
to
conclude this Agreement with Livil;
2.10.2.4. The filled Customer information questionnaire;
2.10.2.5 . Other information or documents, which Livil may request
based on the
individual
circumstances
and would allow Livil to verify the Customer’s identity.
2.11. Natural Person:
2.11.1. The Customers shall provide including, but not limited to the
following
information
and
documents
to Livil:
2.11.2. ID card or passport of the legal representatives of the
Customer, which
shall
indicate at
least
the basic information about the legal representative -name, surname, personal code, date of
birth
and
etc.;
2.11.3. Power of attorney which shows that the legal representative of
the legal
persons is
enabled
to
conclude this Agreement with Livil;
2.11.4. The filled Customer information questionnaire;
2.11.5. Natural person which wishes to open its personal account shall
provide
(not the
representative
of
the legal person) shall indicate first name, last name and provide personal identification code
when
available (in other cases date of birth);
2.11.6. Other information or documents, which Livil may request based
on the
individual
circumstances
and
would allow Livil to verify the Customer’s identity.
2.12. The Customer is liable for providing the information and
documents
requested by Livil.
The
Customer
is liable that all information provided during the signup process, or any time thereafter must
be
accurate and truthful.
2.13. Livil has the right not to check the suitability of the Customer
for the
use of the
Services
in
cases where the Customer does not provide the requested information and documents. Livil is
under
no
obligation to provide the Services to an applicant Customer and may decline an application for
Services
in its sole discretion.
2.14. Once the documents and information provided by the Customer are
checked by
Livil, the
Customer
is
entitled to start to use the Services provided by Livil and the Customer’s account.
2.15. The Customer is entitled to open one account unless Livil
explicitly
approves the
opening of
additional accounts.
3. Digital assets issuance and redemption terms
3.1. The Customer`s Account allows to deposit, transfer, keep funds in the Account for transfers,
local and international cryptocurrency transfers executions, contribution payments, also receive
cryptocurrency to the Account, settle for goods and services, and perform other operations directly
related to cryptocurrency transfers. All the services provided by Livil may only be used by the
Customer if the Customer has performed identification procedures in accordance with the rules
established in the System of Livil.
3.2. Cryptocurrency held on Customer`s Account is considered Digital assets which shall be
issued by Livil after the Customer`s transfer or deposit digital assets to Livil`s Account. After a
deposit performed by the Customer or cryptocurrency transfer to Customer`s Account and after Livil
receives the cryptocurrency, Livil credits it to Customer`s account, at the same time issuing
Digital assets at the nominal value. The Digital assets is credited to and held on Customer`s
Account.
3.3. The specific method of depositing or transferring funds to Customer`s Account is
selected by the Customer in the Account by choosing particular function, which contains
instructions for depositing cryptocurrency for each means of payment.
3.4. The nominal value of Digital assets coincides with the value of cryptocurrency deposited
or transferred to Customer`s Account (after deduction of a standard Commission fee applicable to a
particular payment means).
3.5. Digital assets held on Customer`s Account is not a deposit and Livil does not, in any
circumstances, pay any interest for Digital assets held on Customer`s Account and does not provide
any other benefits associated with the period the digital assets is stored.
3.6. At Customer`s request, Digital assets held on Customer`s Account shall be redeemed at
their nominal value at any time, unless otherwise agreed by Livil and the Customer.
3.7. The Customer submits a request for redemption of Digital assets by generating a Payment
order to transfer Digital assets from Livil`s Account to any other account specified by the
Customer.
3.8. No specific conditions for redemption of Digital assets that would differ from the
standard conditions for transfers and other Payment operations performed to the Customer`s Account
shall be applied. The amount of redeemed or transferred digital assets is chosen by the Customer.
3.9. No additional fee for Digital assets redemption is applied. In the event of redemption
of Digital assets, the Customer pays the usual Commission fee for a cryptocurrency transfer or
withdrawal which depends on the method of Digital assets transfer or withdrawal chosen by the
Customer. Standard Commission fees for cryptocurrency transfer or withdrawal are applied.
3.10. Provided that the Customer terminates this Agreement and applies with the request to
close Livil`s Account and delete Customer`s Account from Livil System, or Livil terminates the
provision of Livil`s Services to Customer and deletes Customer`s Account from Livil System in cases
provided in the Agreement, cryptocurrency held on Customer`s Account shall be transferred to
Customer`s bank account or to the account in another electronic payment system indicated by the
Customer. Livil has the right to deduct from the repaid cryptocurrency the amounts that belongs to
Livil (prices for Services provided by Livil and expenses which have not been paid by the Customer,
including but not limited to, fines and damages incurred by Livil due to a breach of the Agreement
committed by the Customer, which have been imposed by financial institutions and (or) other
competent authority of state). In the event of a dispute between Livil and the Customer, Livil has
the right to keep cryptocurrency under dispute until the dispute is resolved.
3.11. In case Livil fails to repay the cryptocurrency to the Customer due to reasons beyond
the control of Livil, the Customer shall be notified thereof immediately. The Customer shall
immediately indicate another account or provide additional information necessary to repay the
cryptocurrency.
SENDING AND RECEIVING PAYMENTS Information which shall be indicated in the Payment order
3.1. Authentication data for accessing the Customer account are set by the Customer.
Authentication data shall refer to:
3.1.1. Login name – phone number of the Customer set on the application form.
3.1.2. Password – a static alphanumeric string exclusively determined by the Customer. Livil
shall not have access to the password, nor shall request it from the Customer at any time.
3.1.3. Special code that the Customer will receive to his / her mobile phone after initiating
Payment transaction.
3.2. If the authentication data is incorrectly entered several times, Livil shall be entitled
to block these authentication data. After thorough verification, the Customer shall be entitled to
receive new authentication data on request.
3.3. Livil provides the Payment operations by the unique identifier – the code of the Account
provided to the Customer by Livil
3.4. Livil is not liable if the unique identifier is not provided in the Payment order and /
or it is incorrect, and / or the provider of payment services of the Recipient has set a different
unique identifier for appropriate execution of such Payment operation (crediting funds to the
payment account of the Recipient).
3.5. Livil has the right to request additional and / or other mandatory information (for
example amount and currency, Recipient’s name, surname / name of the legal entity / code of the
payment) which must be submitted to Livil in order to provide properly the execution of the Payment
order.
3.6. Under this Agreement, Livil generally processes payment transactions for the Customer in
non-cash form and exclusively in electronic form.
The consent for the Payment order and the cancellation of the Payment order
3.7. The Payment operation is considered to be authorized only when the Payer expresses its
consent for the execution of Payment operation.
3.8. The consent may be provided to Livil in the form and manner agreed by the Parties. In
case if the consent is provided in written, it shall be signed properly by both parties. The
consent may be authorized by multi-factor Authentication including security elements of at least
two of the following 3 categories:
3.8.1. knowledge (something the Customer knows) – secret code and/or password obtained when
creating the Account;
3.8.2. possession (something only the Customer has) – token, code or password sent to the
Customer’s verified device; and
3.8.3. inherence (something the Customer is) – Customer’s biometric recognition obtained when
creating the Account,
3.9. The consent may be expressed in any other form and manner needed for the concrete
Services and / or indicated in the additional agreement between the Parties.
3.10. The consent shall be expressed prior to the execution of Payment operation.
3.11. The procedure of cancellation of the Payment order:
3.11.1. the Payment order cannot be canceled after Livil receives it, except for cases
provided in these T&C;
3.11.2. if the Payment operation had been initiated by the Recipient the Payer cannot cancel
the Payment order after the Payment order has been sent or the Payer has given the consent to the
Recipient to perform the Payment operation;
3.11.3. The Payment Order may be canceled only if the Customer (Payer) and Livil agree on
this, however the consent of the Recipient is necessary.
Moment of receipt of the Payment order, Requirements applied to the Payment order and refusal
to execute the Payment order
3.12. The Customer shall ensure that in his account there are enough funds necessary for the
execution of the Customer’s instructions. If the Customer does not have sufficient funds at the
moment when the Customer's instruction is presented, Livil has the right to refuse to execute the
Customer's instruction, unless otherwise agreed by the parties.
3.13. Livil shall process transfer orders given by the Customer without undue delay, provided
that at the moment of maturity there are enough funds in the Customer's account, from which the
payment is to be debited. If there are not sufficient funds, Livil shall not execute the transfer
order.
3.14. In case where the Customer is the Payer, the Payment order is considered received by
Livil on the day of its reception, or, if the moment of reception of the Payment order is not the
Business day of Livil, the Payment order is considered received on the nearest business day of
Livil.
3.15. The Payment order that was received by Livil on the Business day of Livil, but not on
business hours set by Livil, is considered received on the nearest business day of Livil.
3.16. Payment orders inside the system of Livil are executed immediately (up to a few
minutes, unless the Payment operation is suspended due to cases set forth by legal acts and these
T&C), regardless of business hours of Livil.
3.17. Livil has the right to record and store any Payment orders submitted by any of the
means agreed on with Livil, and to record and store information about all Payment operations
performed by the Customer or according to Payment orders of the Customer. Records mentioned above
may be submitted by Livil to the Customer and/or third persons, who have the right to receive such
data under the basis set forth in the legislation, as evidence confirming the submission of Payment
orders and/or executed Payment operations.
3.18. Livil has the right to refuse to execute a Payment order in case of a reasonable doubt
that the Payment order has been submitted by the Customer or an authorized representative of the
Customer, Payment order or the submitted documents are legitimate. In such cases, Livil has the
right to demand from the Customer to additionally confirm the submitted Payment order and/ or
submit documents confirming the rights of persons to manage the funds held on the Account or other
documents indicated by Livil in a way acceptable to Livil at expense of the Customer. Livil is not
liable for the losses which may arise due to refusal to execute the submitted Payment order due to
the reason of the refusal to provide additional information or documents by the Customer.
3.19. Livil has the right to involve third parties to execute the Payment order of the
Customer partially or fully, if the Customer's interests and/ or the essence of the Payment order
requires so. In the event that the essence of the Payment order of the Customer requires sending
and executing the Payment operation further by another financial institution, but this institution
suspends the Payment order, Livil is not liable for such actions of that financial institution but
makes attempts to find out the reasons for the suspension of the Payment order.
3.20. Livil has the right to suspend and / or terminate the execution of the Payment order of
the Customer, if required by law or in case it is necessary for other reasons beyond control of
Livil.
3.21. In case Livil has refused to execute the Payment order submitted by the Customer, Livil
shall immediately inform the Customer thereon or create necessary conditions for the Customer to
get acquainted with such notification, except when such notification is technically impossible or
forbidden by legal acts.
3.22. Livil shall not accept and execute Payment orders of the Customer to perform operations
on the Account of the Customer if funds on the Account are arrested, the right of the Customer to
manage the funds is otherwise legally limited, or in case operations are suspended by applicable
legal acts.
3.23. If cryptocurrency transferred by the Payment order is returned due to reasons beyond
the control of Livil (inaccurate data of the Payment order, the account of the Recipient is closed,
etc.), the returned amount is credited to the Account of the Customer. Commission fees paid by the
Payer for the Payment order execution are not returned, and other fees related to the returning of
cryptocurrency and applied to Livil can be deducted from the Account of the Customer.
3.24. Payment transfers initiated by Livil may be standard and urgent. The manner of the
Payment transfer is selected by the Customer. If the Customer does not select the Payment transfer
manner, it is considered that the Customer has initiated a standard Payment transfer. The terms of
the execution of Services
3.25. The terms of the execution of Payment operations and the duration of execution of other
Services are set forth in these T&C, Prices list, and other additional agreements between the
Parties.
3.26. When the Payment operation shall be executed in euro in the Republic of Lithuania and
other Member States and the Customer is the Payer, Livil ensures that the amount of the Payment
operation is credited to the account of the Recipient created by the Recipient’s payment service
provider on the day of execution of the Payment operation and, if the Payment order execution date
is not the Business day of Livil, the nearest Business day of Livil. When the Payment operation
shall be executed in the currencies of non-euro area Member States in the Republic of Lithuania and
to other Member States and the Customer is the Payer, Livil ensures that the amount that the amount
of the Payment operation is credited to the account of the Recipient created by the Recipient’s
payment service provider on the day of execution of the Payment operation and, if the Payment order
execution date is not the Business day of Livil, then the nearest Business day for payment
operations, but not later than within 3 (three) business days after receipt of the Payment order in
Livil.
The limits of the costs of the Payment operations
3.27. The maximum limits of the costs of the Payment operations may be set in the additional
agreements signed between Livil and the Customer. Additional use of measures of the identity
verifications
3.28. The measures of the Customer’s identity verification provided by Livil may be used to
confirm the identity of the Customer by providing information about the Livil`s provided Services
and / or provided to the Customer in all manner specified by Livil (for example, by the telephone
provided by Livil).
Blocking the Account and / or suspension of the Services to the Customer
3.29. The Customer shall co-operate with Livil to investigate any suspected illegal,
fraudulent or improper activity.
3.30. Livil is entitled to block the funds collected on the Customer’s account as follows:
3.30.1. Livil has a suspicion that the funds collected on the Customer’s Account are intended
for the commitment of a crime, resulted from the crime or participation thereon;
3.30.2. if there is a suspicion that an unauthorized payment transaction was carried out
through the Customer’s account;
3.30.3. the Customer is in delay in discharging its obligations under this Agreement;
3.30.4. bankruptcy is declared in respect of the Customer's assets, restructuring is
initiated, the bankruptcy petition is cancelled owing to the lack of funds for the remuneration of
the trustee in bankruptcy, the Customer enters into liquidation, or the risk of insolvency on the
Customer's side excessively increases within a short period;
3.30.5. for the purposes of corrective accounting and settlement;
3.30.6. the Customer is using Livil Services and fraudulent acts have been proved on the
Customer's side or criminal proceedings are initiated against the Customer or its employees in the
matter of fraudulent acts; or if actions of the Customer fail to comply with the rules of Livil
banking partners and such conduct may cause Livil a damage.
3.31. Livil reserves the right to suspend, at any time and at its sole discretion, the
Customer Account (or certain functionalities thereof such as uploading, receiving, sending and/or
withdrawing funds), inter alia, for audit:
3.31.1. where Livil believes it is necessary or desirable to protect the security of the
Customer account; or
3.31.2. if any transactions are made which Livil in its sole discretion deems to be:
(a) made in breach of this Agreement or in breach of the security requirements of the
Customer Account; or
(b) suspicious, unauthorized, or fraudulent, including without limitation in relation to
money- laundering, terrorism financing, fraud, or other illegal activities; or
3.31.3. upon the insolvency, liquidation, winding up, bankruptcy, administration,
receivership, or dissolution of the Customer, or where Livil reasonably considers that there is a
threat of the same in relation to the Customer; or
3.31.4. where anything occurs which in the opinion of Livil suggests that the Customer shall
be unable to provide the Customer’s products/services and/or otherwise fulfil the contacts that it
has with its Customers; or
3.31.5. if the transactions are for the sale of goods and/or services which fall outside of
the agreed business activities of the Customer, or where the Customer presents a transaction and
fails to deliver the relevant goods and/or services.
3.32. Livil will make reasonable efforts to inform the Customer of any such suspension in
advance, or if this is not practicable, immediately afterwards and give its reasons for such
suspension unless informing the Customer would compromise security measures or is otherwise
prohibited by law or regulatory requirements.
3.33. In addition, Livil reserves the right (at its sole discretion) to suspend the Customer
account (or certain functionalities thereof such as uploading, receiving, sending and/or
withdrawing funds) at any time where it is required to do so under relevant and applicable laws and
regulations. Livil will make reasonable efforts to inform the Customer of any such suspension
unless Livil is prohibited from doing so by law or under an order from a competent court or
authority.
4. Information provided to the customer about the
Payments operations
4.1. Livil is obligated to provide the information to the Customer
(before the execution of Payment
order) about the possible maximum terms of the execution of certain Payment order, the payable
Commission
fees and how this Commission fees are split up. This information is available on the Website of
Livil
as
well as in the personal Account of the Customer.
4.2. Livil may provide the extract to the Customer about the provided
Payment
operations,
which
show
as
follows:
4.2.1. the amount of the Payment operation in the currency indicated in
the
Payment Order;
4.2.2. The Commission fees payable for the Payment operations and how
the
Commission fees are
split
up;
4.2.3. the applicable currency exchange rate and the amount of Payment
operation
after the
currency
exchange rate, if case if during the execution of Payment operations currency was exchange;
4.2.4. the date of write down of funds from the Account;
4.2.5. the date of incomes to the Account;
4.2.6. other information which shall be provided to the Customer in
accordance
with the
applicable
legal
acts of the Republic of Lithuania.
4.3. The extract may be provided through the Account of the Customer.
In this
case the
Customer may
be
able to access and download the extract anytime.
5. Prices payable for the services provided by Livil,
commission fee, interest, and currency exchange
5.1. Livil shall charge Prices related to its standard Services in
accordance with this Agreement
and
the
price list which is attached to this Agreement and shall be considered as an inseparable part of
this
Agreement. Livil shall charge individual Prices to the Customer for non-standards Services not
defined
herein and/or in the price list and the Customer shall be informed thereon before using such
services.
5.2. Unless otherwise indicated, Prices are quoted in Euro.
5.3. For the Payment services and / or related services performed by
Livil, the
Customer
shall pay
the
Commission fee to Livil. The Commission fee is indicated in the Prices list and / or the
additional
agreement with the Customer. In case if the Customer fails to fulfill its obligation to pay the
Commission fee to Livil, the Customer shall pay to Livil penalties (the fines or default
interest)
set
forth in the Pricing list, additional agreement and / or legal acts of the Republic of
Lithuania.
5.4. Any Prices and Commission fee payable by the Customer shall be
deducted
from the
Customer
account
balance. If the Customer account balance is insufficient, or the Customer account balance
becomes
negative, Livil reserves the right to invoice the Customer for any shortfall.
5.5. Where Livil has no possibility to deduct any Prices and / or
Commission fee
payable by
the
Customer
for the provided Services from the balance of the Customer account Livil shall issue the
separate
invoice
for the amount owed. Invoices are payable within 10 (ten) days of the date of the invoice. In
case
of
overdue payments, Livil reserves the right to charge default interest in the amount of 0,05 %
and/or
terminate these T&C with immediate effect by giving written notice to the Customer.
5.6. In case if during the performance of the Payment operation there
are not
enough funds
for
execution
of Payment operation and payment of Commission fee in the Account of the Customer, Livil shall
have
the right
to refuse not to execute the Payment operation.
5.7. The currency exchange rates are provided to the Customer before
the Payment
order.
5.8. Currency exchange is based on the exchange rate of Livil, which is
valid at
the moment
of
conversion
and is constantly updated and published on Website of Livil.
5.9. Livil applies the changed basic exchange rate of currency
immediately
without a separate
notice.
5.10. In case if the currency in which the order to execute the
Payment,
operation is
different
than
the
currency in which the Account is debited, the conversion of such currencies shall be performed
in
accordance with the procedure established by Livil, which shall be published on the Website of
Livil.
6. Communication between the parties
6.1. These General Conditions, all communication, information about any
changes to the Services and
the
Prices information shall be announced in English. These general Conditions shall be executed in
English.
The Customer confirms that he accepts that the all the communication, including the personal
communication between the Livil and the Customer, shall be executed in English.
6.2. The information shall be provided to the Customer
personally or by
announcing it
publicly:
6.2.1. the information may be provided personally to the
Customer through the
Account of the
Customer,
sent by post to the address of the Customer registration address, via e-mail indicated during
the
process
of application of the opening the Account, by call or SMS using telephone number indicated
during
the
process of application of the opening the Account and other telecommunication instruments,
including
electronic means;
6.2.2. the information may be published on the Livil
Website. The information
provided
publicly is
considered to be duly delivered to the Customer, except the cases of mandatory requirements of
the
laws
and other legal acts of the Republic of Lithuania and / or the cases when Livil is obligated to
inform
the Customer personally.
6.3. The Client acknowledges that any communication
between Livil and the
Customer shall take
place
primarily through the Account of the Customer and e-mail indicated during the process of
application
of
the opening the Account. Disclosure of any information by Livil through the Account of the
Customer
and
via the e-mail means that the relevant information is duly delivered to the Customer and is
effective.
6.4. The Customer acknowledges that communication through
the Account of the
Customer may be
done
only
if
the Customer enters into its personal Account by using its login credentials or other requested
personalized security credentials provided by Livil to the Customer due to the purpose of the
Customer’s
authentication.
6.5. E-mail communication is possible to addresses that
are given on the
website
of the Livil
and
the
e-mail addresses given by the Customer during the registration session to the Livil`s system. An
e-mail
message is considered to be duly delivered on the following Business Day.
6.6. In the case of communication by telephone, the
Customer shall be verified
based on the
Customer’s
data. Phone communication between Livil and the Customer is possible at times published on the
Website
of
Livil. The message given to the Customer through telephone is considered to be duly delivered at
the
moment of the conversation with the Customer.
6.7. In case of communication through the post, letters
are delivered to the
other party’s
address.
The
letter is considered to be duly delivered on the third days after the delivery of the notice
informing
that the letter cannot be delivered to the other party or that the letter was rejected or was
not
collected by the other party within the collection period, even if the addressee has no
knowledge
of
the
letter.
6.8. The information announced on the Website, Customer`s
account as well as
published
publicly is
considered to be duly delivered on the day of the announcing / publishing such information.
6.9. The Customer agrees that Livil may record, within
prior notice, any ongoing
communication
between
Livil and the Customer using any available technical means, and will archive all the records, as
well
as
the copies of any information and documents that Livil will receive from the Customer and Third
parties.
The Customer agrees that Livil may at any time use this information for the purposes stated in
these
General Conditions or for ensuring compliance with these General Conditions.
6.10. The Customer is entitled to get the information
about these General
Conditions as well
as the
General Conditions itself in paper version or any other durable medium in which Livil is able to
provide
such information.
6.11. If the Customer would like to contact Livil about a
concern relating to
these General
Conditions,
the Customer may contact Livil via in-app support or email [email protected]. Livil will try
to
resolve any issues the Customers may have about their Account or the Services. Livil shall
provide
the
answer within 15(fifteen) Business days of receiving Customer`s concern unless the concern is of
a
“simple” nature and can be resolved with 1 (one) Business Day from the receipt day. Livil shall
inform
the Customer if exceptional circumstances arise, in which case it may take up to 35
(thirty-five)
Business days to address Customer`s concern.
6.12. The parties shall inform each other without undue
delay of any changes to
their contact
information. Upon the request of Livil, the Customer shall provide the relevant documents proved
that
the
contact information is changed. The failure to fulfill these obligations means that the notice
sent
on
the basis of the latest contact information provided to the other Party is duly delivered and
any
obligation fulfilled in accordance with such contact information is executed properly. The
Customer
acknowledges that Livil has the right to inform about the change of its contact information by
way
of
a
public announcement.
6.13. In order to protect the Customer`s funds from the
possible unlawful acts
of third
parties,
the
Customer shall immediately notify Livil in writing of the theft of his / her identity document
theft
or
loss in another way.
6.14. The Parties must promptly inform each other of any
circumstances relevant
to the proper
performance
of these General Conditions. Upon the request of Livil, the Customer is obliged to provide the
such
circumstances (for example, a change of the sample signature of the Customer or the Customer`s
representative, the initiation and setting-up of the Customer`s bankruptcy, the Customer`s
liquidation,
reorganization, conversion, etc.) regardless of whether this information has been provided to
the
public
registers.
7. Change of fees, terms of this agreement, terms of
services
7.1. This Agreement is subject to change from time to time.
7.2. Livil is entitled to change unilaterally this
Agreement, applicable Fees
and / or the
terms of
Services.
7.3. Livil is obligated to inform the Customer about the
changes of this
Agreement,
applicable Fees
and /
or the terms of services that make the Customer’s situation difficult (e. g. increasing the
current
Fees)
at least 60 (sixty) calendar days before such changes will entry into force.
7.4. Livil notifies the Customer about the changes of this
Agreement, applicable
Fees and /
or the
terms
of services by publishing the information on its website, URL address: htto://www.L.cash/ and
personally
through the Account and / or by post and / or by electronically messages (e-mail, short message
service
(SMS), notification in the app of Livil) sent to the Client.
7.5. If no objection notice is received by Livil within
the stipulated time
frame, the
Customer is
deemed
to have accepted the changes.
7.6. The Customer has the right to terminate this
Agreement immediately at any
time and
without
charges
after receiving the information about changes and before any changes stipulated in provided
information
becomes effective.
7.7. The termination of this Agreement in accordance with
the clause 7.6. shall
not release
the
Customer
from its obligations to Livil arising prior to the date of termination of this Agreement to be
properly
executed.
7.8. If the Customer does not use his right to terminate
this Agreement in
accordance with
the
clauses
7.9. of this Agreement, the Customer shall be deemed as
accepted the changes to
this
Agreement,
Fees
and
/ or terms of Services made. If the Customer agrees with the changes to this Agreement, Fees and
/
or
terms of the Services, then the Customer is not entitled subsequently to submit to Livil
Customer’s
objection and / or claims regarding the content of such changes.
8. Security and corrective measures
8.1. The Customer is responsible for the safety of devices used
to log
in to the Account, shall not
leave
them unattended, in public places or otherwise easily accessible to third persons.
8.2. It is recommended to update software, applications,
anti-virus programs,
browsers, and
other
programs in time.
8.3. It is recommended to protect devices with passwords,
PIN codes or other
safety
instruments.
8.4. It is recommended to evaluate received emails with
cautiousness, even if
Livil is
indicated as
the
sender. Livil will never request the Customer to download attachments or install software.
Attachments
to
fraud e-mails may contain viruses which can harm devices or pose a risk to the safety of the
Customer
account.
8.5. It is recommended not to click on unknown links, open
unknown documents,
install
software or
applications from unknown, unreliable sources or visit unsafe websites.
8.6. If the Customer notices any suspicious activity on
his account and thinks
that third
persons
may
have logged in to system for the using of the Services, the Customer shall:
8.6.1. immediately inform Livil thereof and request to
block the Customer’s
account;
8.6.2. in order to continue to use the account, the
Customer shall change the
password, use
other
additional account confirmation instruments or use safer instruments and delete unsafe
additional
login
confirmation instruments.
The blocking of the Account and the payment instrument, if the later has been given to the
Customer
8.7. In addition to the provisions of 3.28 – 3.32, Livil
has the right to block
the Account
(to
stop
the
execution of the Payment operations at all or partly) and / or the payment instrument if such
instrument
has been given to the Customer in such cases as follows:
8.7.1. in case of the objectively justified reasons
related to the security of
the funds and
/ or
the
payment instrument in the Account, the alleged unauthorized or fraudulent use of the funds and /
or
the
payment instrument in the Account;
8.7.2. in case if the Customer does not follow with the
terms of the present
T&C;
8.7.3. in case if Livil has the reasonable suspicions that
funds in the Account
may be used
by the
other
persons for the unlawful actions, including but not limited to the commission of criminal
activities;
8.7.4. in case of other basis set forth by the legal acts
of the Republic of
Lithuania and /
or the
cases
indicated in the additional agreements signed between the Parties.
The notices provided by the Customer regarding the unauthorized or improperly executed Payment
operations
8.8. The Customer is obligated to check the information
about the executed
Payment operations
at
least
1
(one) time per month.
8.9. The Customer is obligated to inform Livil in writing
about the unauthorized
or
improperly
executed
Payment operations, including the noticed mistakes, inaccuracies in the extract immediately from
the
acknowledge of such circumstances and in any case not later than 13 (thirteen) months from the
date
on
which (in the opinion of the Customer) Livil executed unauthorized or improperly executed the
Payment
operation. The other terms of informing Livil about the circumstances described above may be
used
in
cases where the Customer is the Consumer and, in the cases, set forth by the additional
agreements
signed
between the Parties.
8.10. In case if the Customer does not notify Livil about
the circumstances
described in
point 8.9.
of
these T&C within the terms indicated in these T&C and the additional agreements between the
Parties
then
it shall be considered that the Customer unconditionally confirmed the Payment operations
executed
in
the
Account of the Customer.
The liability of the Customer for unauthorized payment's operations and the liability of Livil
for
the
unauthorized Payment operations
8.11. In case if the Customer is the Consumer and he
denies the authorization of
the executed
Payment
operation or declares that the Payment operation was executed improperly, Livil is obligated to
prove
that the Payment operation was authorized, it has been properly registered, entered in the
accounts
and
was not affected by technical disturbances or other deficiencies in the Services provided by
Livil.
8.12. In case if the Customer is the legal person the
using of the identity
verification
measures
and
login credentials of the Account is the right prove, that the Customer authorized the Payment
operation
or was acting not honestly and due the intentionally or due to the gross negligence not
fulfilled
the
obligations set forth in the points 8.1 – 8.6 of these T&C.
8.13. In accordance to the terms indicated in the point
8.9 of these T&C or
having determined
that
the
Payment operation was not authorized by the Customer, Livil without undue delay, but no later
than
by
the
end of the next Business day, return the amount of the unauthorized Payment operation to the
Customer
and, where applicable, - restores the balance of the Account from which this amount was written
down
and
which would have existed if the unauthorized Payment operation had not been executed, unless
Livil
has
reasonable suspicious of the fraud.
8.14. If the Customer is the Consumer, the Customer bears
all the losses that
have arisen due
to
unauthorized payment operations for up to 50 (fifty) Euros (€) if these loses have been incurred
due
to:
8.14.1. usage of a lost or stolen payment instrument;
8.14.2. illegal acquisition of a payment instrument if the
Customer had not
protected
personalized
security features (including identity verification instruments).
If the Customer is not the Consumer, the Customer shall bear all losses for the reasons
specified
in
this
point, except as otherwise provided in these T&C and / or the additional agreements signed
between
the
Parties.
8.15. The Customer is liable for any losses caused by
unauthorized Payment
operation if such
losses
incurred to the Customer due to the Customer’s not honest actions or acting intentionally or due
to
the
gross negligence suffered from them acting in bad faith or intent, or due to gross negligence or
not
fulfilling one or more of the obligations set forth in the point 8.1-8.6 of these T&C and
additional
agreements signed between the Parties.
8.16. The Account may be blocked by the Customer’s
initiative and / or the
Account (including
the
payment
instrument if such is given to the Customer) may be blocked if the Customer submits a respective
request
to Livil. Livil has the right to demand that the request submitted by the Customer's oral
request
to
block the Account (including the payment instrument if such is given to the Customer) be
subsequently
approved in writing or in another manner acceptable to Livil.
8.17. If Livil has the reasonable doubts that the request
indicated in the point
8.16 of
these T&C
is
not
submitted by the Customer, Livil has the right to refuse to block the Account (including the
payment
instrument if such is given to the Customer). In such cases, Livil shall not be liable for any
losses
that may result from the failure to comply with the said request.
8.18. Other terms of the liability of the Parties for the
unauthorized Payment
operations may
be
indicated in the additional agreements between the Parties.
Liability of Livil for proper execution of Payment operation
8.19. In case if the of the improperly execution of the
Payment operation and
where the
Customer is
the
legal entity, Livil is liable only due to the fault of Livil. Livil is not liable for third
parties’
mistakes.
8.20. If the Customer initiating the Payment order
executes a Payment order by
identifying a
unique
identifier, such Payment order shall be deemed to be executed properly if it was executed
according
to
the specified unique identifier. Livil has the right, but it is not obliged to check whether the
unique
identifier presented in the Payment order received by Livil corresponds to the Account holder's
name
and
surname (name).
8.21. If the unique identifier is presented to Livil with
the Account to be
credited or
debited
from
the
Account, the Payment order is deemed to be executed properly if it was executed according to the
specified unique identifier. If Livil carries out the said inspection (for example, in the
prevention
of
money-laundering risk) and find out clear mismatch between the unique identifier submitted to
Livil
and
the Account holder's name, Livil shall have the right not to execute such a Payment order.
8.22. If the Customer (Payer) initiates properly the
Payment order and the
Payment operation
is not
executed or executed improperly, Livil, at the request of such Customer, shall immediately and
without
charge take measures to trace the Payment operation and to inform about results of search the
Customer.
8.23. Livil is liable for the properly initiated Payment
order with the terms
set forth by
these
T&C
and
/ or additional agreements signed between the Parties.
8.24. Livil is liable for not applying the Commission fees
or not giving back
the already
paid
Commission
fee in case the Payment order was not executed or executed improperly due to the fault of Livil.
8.25. Livil is not liable for the indirect losses incurred
by the Customer and
related to the
not
executed Payment order or improperly executed Payment order. Livil is liable only for the direct
losses
of the Customer.
8.26. Livil is not liable for claims raised between the
Recipient and Payer and
such claims
are not
reviewed by Livil. The Customer may submit the claim to Livil only regarding the non-performance
or
improper performance of the obligations of Livil.
8.26.1. Limitations of liability of Livil shall not be
applied if such
limitations are
prohibited
by
the
applicable law.
8.27. Conditions of refunding to the Payer the amounts of
Payment Transactions
initiated by
or
through
the Recipient
8.27.1. The Customer (Payer) shall have the right to
recover from Livil the full
amount of
the
authorized
and already executed Payment transaction initiated by or through the Recipient and the Payer
shall
not
incur losses because of interest payable to or receivable from Livil, if both of the following
conditions
are met:
8.27.2. when authorizing the Payment transaction its
precise amount is not
specified;
8.27.3. the Payment transaction amount exceeds the amount
which could have been
reasonably
expected
by
the Customer (Payer) considering his previous expenditure, terms and conditions of the contract
and
other
circumstances, except for the circumstances relating to the exchange of currency, when upon
executing
the
Payment transaction the currency exchange agreed between the Customer (Payer) and Livil was
applied.
If,
upon giving his consent to execute the Payment transaction, the Customer (Payer) indicates the
maximum
permissible amount of such Payment transactions (one Payment transaction or several such Payment
transactions executed over a certain period), it shall be considered that such particular
maximum
amount
of the Payment transactions could have been reasonably expected by the Customer (Payer).
8.27.4. At the request of Livil, the Customer (Payer) must
immediately provide
information
about
the
existence of the conditions specified in items 8.27.1.1-8.27.1.2 above.
8.27.5. The Customer (Payer) shall not be entitled to the
refund of amounts of
Payment
transactions
initiated by or through the Recipient under clause 8.27.1 of these T&C, if the Customer (Payer)
has
given
consent directly to Livil and Livil or the Recipient has furnished the Customer (Payer) in the
agreed
manner with the information about the future Payment transaction or created conditions to get
familiarized with it at least four weeks before the planned execution of the Payment
transaction.
8.27.6. The Customer (Payer) shall have the right to ask
Livil to refund the
amount of the
Payment
transaction initiated by or through the Recipient within eight weeks of the day on which the
funds
were
debited from the Account.
8.27.7. Upon receipt of the request of the Customer
(Payer) to refund the
Payment transaction
amount,
Livil shall refund the full amount within 10 (ten) Business Days of Livil or shall state the
reasons
for
its refusal to refund such amount and the procedure of appealing against the refusal. Livil
shall
have
the right to refund the amount of the Payment transaction to the Payer without investigating the
conditions provided for in point 8.27.1.2 and clause 8.27.3 of these T&C and the fact of
existence
of
the
circumstances and to take into consideration only the respective request of the Payer. If the
Payment
transaction amount is refunded to the Payer the Commissions paid to Livil and related with the
execution
of such Payment transaction shall not be refunded.
10. Personal data protection
10.1. The Customer acknowledges that he has read Privacy Policy of
Livil
and it will comply with
all
the
terms and conditions therein. We will maintain certain data that you transmit to the Services
for
the
purpose of managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely responsible for
all
data
that you transmit or that relates to any activity you have undertaken using the Services. You
agree
that
we shall have no liability to you for any loss or corruption of any such data, and you hereby
waive
any
right of action against us arising from any such loss or corruption of such data.
10.2. Each party when acting as data processor shall
process the personal data
in accordance
with
the
General Data Protection Regulation (GDPR) as well as in accordance with other applicable laws of
personal
data protection.
10.3. Where one party acts as the data processor of
personal data processed by
the other
party as
data
controller, the data processor shall always follow the data controller’s reasonable instructions
with
regards to the personal data processed.
12. Governing law and disputes resolution
12.1. This Agreement is drawn up in accordance with the law of the
Republic of Lithuania.
Relationships
not covered by these T&C are governed by the applicable legal regulations.
12.2. The disputes between Livil and Customer shall be
solved through
negotiations.
12.3. In case if the dispute cannot be solved through
negotiations, the Customer
can submit a
complaint
by post or e-mail, specifying Customer’s name, contact details, relevant information, which
would
indicate why the Customer reasonably believes that Livil violated the legal rights and interests
of
the
Customer while providing the Services. The Customer can add other available evidence that
justifies
the
need for such a complaint. If the Customer would like to submit a formal complaint, the Customer
shall
send the email to [email protected]
12.4. Upon receipt of a complaint from the Customer, Livil
confirms receipt of
the complaint
and
indicates the time limit within which the reply will be submitted. In each case, the deadline
for
submitting a reply may vary as it directly depends on the extent and complexity of the complaint
filed,
but the Livil will make the maximum effort to provide the response to the Customer within the
shortest
possible time, but not later than 15 (fifteen) business days. In case if Livil is not able to
provide
the
final answer within 15 (fifteen) Business days, Livil shall inform the Customer about that and
indicate
the time when the answer will be provided, however the term shall not be longer than 35
(thirty-five)
Business days.
14. Intellectual property
14.1 OWNERSHIP OF CONTENT AND MARKS
Intellectual property rights are a crucial aspect of our Services, and we take great care to
protect
our
intellectual property as well as the intellectual property of others. As the owner or licensee
of
all
intellectual property rights in our Services, we have the exclusive right to use, reproduce,
modify,
and
distribute our Content and Marks.
Our Content includes all the information, materials, and other resources that we make available
through
our Services, such as our source code, databases, functionality, software, website designs,
audio,
video,
text, photographs, and graphics.
Our Marks, on the other hand, include all the trademarks, service marks, and logos that are
associated
with our Services. To safeguard our intellectual property rights, we rely on the protection
afforded
by
copyright and trademark laws, as well as various other intellectual property rights and unfair
competition laws and treaties, both in the United States and around the world. These laws and
treaties
help us to prevent others from using, copying, or distributing our Content or Marks without our
consent.
It's important to note that our Content and Marks are provided to you in or through the Services
'AS
IS'
and are intended for your personal, non-commercial use or internal business purpose only. This
means
that
you may not use our Content or Marks for any other purpose, including for commercial gain,
without
our
express written permission. Any unauthorized use of our Content or Marks may result in legal
action
being
taken against you.
In summary, our intellectual property rights are a critical component of our Services, and we
are
committed to protecting them. By respecting our intellectual property rights and using our
Content
and
Marks only as permitted, you can help us to maintain the integrity of our Services and continue
to
provide valuable resources to our users.
14.2 USE OF OUR SERVICES
We understand that our users may wish to use our Services, Content, or Marks for purposes beyond
personal, non-commercial use or internal business purposes. Therefore, we grant you a
non-exclusive,
non-transferable, and revocable license to access the Services and download or print a copy of
any
portion of the Content to which you have properly gained access, subject to your compliance with
our
Legal Terms, including the 'PROHIBITED ACTIVITIES' section below.
However, unless we have expressly granted you prior written permission, you may not copy,
reproduce,
aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute,
sell,
license, or otherwise exploit any part of the Services, Content, or Marks for any commercial
purpose.
Doing so without our permission constitutes a material breach of our Legal Terms, and we reserve
the
right to take appropriate legal action to protect our intellectual property rights.
If you wish to make any use of our Services, Content, or Marks beyond what is permitted in our
Legal
Terms, you must contact us through our support channels to request permission.
If we grant you permission to reproduce, post, or publicly display any part of our Services or
Content,
you must acknowledge us as the owners or licensors of the Services, Content, or Marks, and
ensure
that
any copyright or proprietary notice appears on the posting, reproduction, or display of our
Content.
Please note that we reserve all rights not expressly granted to you in and to the Services,
Content,
and
Marks. Any unauthorized use of our intellectual property rights constitutes a material breach of
our
Legal Terms and may result in the immediate termination of your right to use our Services.
In conclusion, we understand that our users may have legitimate reasons for using our Services,
Content,
or Marks beyond personal, non-commercial use or internal business purposes. However, we take our
intellectual property rights seriously and require that all users comply with our Legal Terms,
including
our restrictions on commercial use. If you wish to use our Services, Content, or Marks beyond
what
is
permitted in our Legal Terms, please contact us to request permission, and we will do our best
to
accommodate your request.
14.3 SUBMISSIONS AND CONTRIBUTIONS
This section outlines the terms and conditions regarding the submission and posting of content
through
the Services, including Submissions and Contributions. By submitting any information or posting
content
through the Services, you agree to assign all intellectual property rights in such Submission to
us.
Contributions are defined as any content or materials submitted to the Services, including but
not
limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material. By posting any Contributions, you grant us
an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid,
worldwide right, and licence to use, copy, reproduce, distribute, sell, resell, publish,
broadcast,
store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part),
and
exploit your Contributions for any purpose, commercial, advertising, or otherwise, to prepare
derivative
works of, or incorporate into other works, your Contributions, and to sublicense the licenses
granted
in
this section.
You are solely responsible for your Submissions and/or Contributions, and you agree not to post
any
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening, sexually explicit, false, inaccurate, deceitful, or misleading content. You also
agree
to
waive any and all moral rights to any such Submission and/or Contribution. You warrant that any
such
Submission and/or Contribution is original to you or that you have the necessary rights and
licenses
to
submit such Submissions and/or Contributions, and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or Contributions. You further warrant
and
represent that your Submissions and/or Contributions do not constitute confidential information.
We reserve the right to remove or edit any Contributions at any time without notice if we
consider
them
harmful or in breach of these Legal Terms. We may also suspend or disable your account and
report
you
to
the authorities if we remove or edit any such Contributions. You are responsible for any losses
we
may
suffer due to your breach of this section, any third-party intellectual property rights, or
applicable
law.
14.4 COPYRIGHT INFRINGEMENT
We take intellectual property rights seriously and strive to ensure that the Services do not
infringe
upon the intellectual property rights of others. If you believe that any material available on
or
through
the Services infringes upon any copyright you own or control, please immediately notify us in
writing
with the following information:
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Services,
with
enough
detail that we may find it on the Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by
the
copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is
accurate
and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send your written notice to us at the following address: [email protected]. We will
investigate your claim and may remove any infringing material from the Services at our sole
discretion,
without prior notice to the alleged infringer. Please note that this process is governed by the
Digital
Millennium Copyright Act, and you may be liable for damages, including costs and attorneys'
fees,
if
you
materially misrepresent that material is infringing your copyright.
15. Representations and warranties
When using the Services, you make the following representations and
warranties:
All registration information you provide is true,
accurate, current, and
complete.
You will keep your registration information up-to-date and accurate.
You have the legal capacity to agree to these Legal Terms and will comply with them.
You are not a minor in your jurisdiction of residence.
You will not access the Services through automated or non-human means such as bots or scripts.
You will not use the Services for any illegal or unauthorized purposes.
Your use of the Services will not violate any applicable laws or regulations.
Providing false, inaccurate, incomplete, or outdated information may result in the suspension or
termination of your account and the denial of access to the Services, either temporarily or
permanently.
16. User registration and account management.
Registration Requirements: In order to access and use the Services, you
may be required to complete
a
registration process. During this process, you will be required to provide accurate and current
information, including your name, email address, and any other information that we may require. You
agree
that you will maintain the accuracy and completeness of your registration information and promptly
update
any changes to your information as necessary
Account Security: You are solely responsible for maintaining the confidentiality and security of
your
account and password. You agree to keep your password confidential and not share it with anyone
else.
You
agree to notify us immediately if you suspect any unauthorized use of your account or any breach of
security related to your account. We reserve the right to suspend or terminate your account if we
believe
that your account has been compromised or if you violate these Legal Terms.
Username: When registering for the Services, you may select a username to use in connection with
your
account. You agree to select a username that is appropriate and not offensive or objectionable in
any
way. We reserve the right to remove, reclaim, or change your username if we determine, in our sole
discretion, that your username is inappropriate, obscene, or otherwise objectionable. We take user
registration seriously and expect all users to comply with the registration requirements and
account
security measures outlined in this section. Failure to comply may result in the suspension or
termination
of your account.
17. Purchases and payment
To use our Services, you may need to make purchases and provide payment
information. We accept
Visa,
Mastercard, and SEPA as forms of payment. You agree to provide accurate and complete information
about
your purchases and account, including your payment method, email address, and payment card details.
Please update this information promptly so we can complete your transactions and communicate with
you
as
needed.
We may add sales tax to the purchase price, as required by law.We reserve the right to change
prices
at
any time and all payments must be made in Euros. By placing an order, you agree to pay the charges
at
the
current prices and any applicable shipping fees. You authorize us to charge your chosen payment
provider
for any amounts owed upon placing your order. If your order involves recurring charges, you consent
to
us
charging your payment method on a recurring basis until you cancel the order. We may correct any
errors
or mistakes in pricing, even if payment has already been received.
We may refuse any order placed through our Services, and in our sole discretion, limit or cancel
the
quantity of items purchased per person, household, or order. This includes orders placed with the
same
customer account, payment method, and/or billing or shipping address. We also reserve the right to
limit
or prohibit orders that we believe are placed by dealers, resellers, or distributors.
18. Software license and use
We may provide software for use in connection with our Services. If such
software is accompanied by
an
end-user license agreement (EULA), the terms of the EULA will govern your use of the software. If
such
software is not accompanied by a EULA, we grant to you a non-exclusive, revocable, personal, and
non-transferable license to use such software solely in connection with our services and in
accordance
with these Legal Terms. Please note that any software and related documentation provided to you is
provided 'AS IS' without warranty of any kind, either express or implied, including, without
limitation,
the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
You
accept any and all risks arising out of the use or performance of any software. You agree not to
reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
19. Prohibited activities
You may not access or use the Services for any purpose other than that
for which we make the
Services
available. The Services may not be used in connection with any commercial endeavours except
those
that
are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to
create or compile,
directly or
indirectly, a collection, compilation, database, or directory without written permission from
us.
- Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive
account
information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related
features of the Services,
including
features that prevent or restrict the use or copying of any Content or enforce limitations on
the
use
of
the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use any information obtained from the Services in order to harass,
abuse, or harm another
person.
- Make improper use of our support services or submit false reports of
abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other
material,
including excessive use of capital letters and spamming (continuous posting of repetitive
text),
that
interferes with any party’s uninterrupted use and enjoyment of the Services or modifies,
impairs,
disrupts, alters, or interferes with the use, features, functions, operation, or maintenance
of
the
Services.
- Engage in any automated use of the system, such as using scripts to
send comments or
messages,
or
using
any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any
Content.
- Attempt to impersonate another user or person or use the username of
another user.
- Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive
or
active
information collection or transmission mechanism, including without limitation, clear
graphics
interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes
referred
to as 'spyware' or 'passive collection mechanisms' or 'pcms').
- Interfere with, disrupt, or create an undue burden on the Services or
the networks or
services
connected
to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing
any
portion
of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or
restrict access to the
Services,
or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML,
JavaScript,
or
other code.
- Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer
any
of
the
software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet
browser usage, use,
launch,
develop,
or distribute any automated system, including without limitation, any spider, robot, cheat
utility,
scraper, or offline reader that accesses the Services, or use or launch any unauthorised
script
or
other
software.
- Use a buying agent or purchasing agent to make purchases on the
Services.
- Make any unauthorised use of the Services, including collecting
usernames and/or email
addresses
of
users by electronic or other means for the purpose of sending unsolicited email, or creating
user
accounts by automated means or under false pretences.
- Use the Services as part of any effort to compete with us or otherwise
use the Services
and/or
the
Content for any revenue-generating endeavour or commercial enterprise.
20. User generated contributions
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit,
post,
display, transmit, perform, publish, distribute, or broadcast content and materials to us or on
the
Services, including but not limited to text, writings, video, audio, photographs, graphics,
comments,
suggestions, or personal information or other material (collectively, 'Contributions').
Contributions
may
be viewable by other users of the Services and through third-party websites. As such, any
Contributions
you transmit may be treated as non-confidential and non-proprietary. When you create or make
available
any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or
performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights
of any
third
party.
- You are the creator and owner of or have the necessary licences,
rights, consents, releases,
and
permissions to use and to authorise us, the Services, and other users of the Services to use
your
Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and
every identifiable
individual
person in your Contributions to use the name or likeness of each and every such identifiable
individual
person to enable inclusion and use of your Contributions in any manner contemplated by the
Services
and
these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising,
promotional materials,
pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libellous,
slanderous,
or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal
sense of those terms)
any
other
person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or
rule.
- Your Contributions do not violate the privacy or publicity rights of
any third party.
- Your Contributions do not violate any applicable law concerning child
pornography, or
otherwise
intended
to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are
connected to race,
national
origin,
gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that
violates, any
provision of
these
Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may
result in,
among
other things, termination or suspension of your rights to use the Services.
22. Mobile application licence
22.1 Use Licence If you access the Services via the App, then we grant
you a revocable,
non-exclusive,
non-transferable,
limited right to install and use the App on wireless electronic devices owned or controlled by
you,
and
to access and use the App on such devices strictly in accordance with the terms and conditions
of
this
mobile application licence contained in these Legal Terms.
You shall not:
(1) except as permitted by applicable
law, decompile, reverse
engineer,
disassemble,
attempt to derive the source code of, or decrypt the App;
(2) make any
modification,
adaptation,
improvement, enhancement, translation, or derivative work from the App;
(3)
violate any
applicable
laws,
rules, or regulations in connection with your access or use of the App;
(4)
remove, alter, or
obscure
any
proprietary notice (including any notice of copyright or trademark) posted by us or the
licensors
of
the
App;
(5) use the App for any revenue-generating
endeavour, commercial
enterprise, or other
purpose
for
which it is not designed or intended;
(6) make the App
available over a
network or other
environment
permitting access or use by multiple devices or users at the same time;
(7)
use the App for
creating a
product, service, or software that is, directly or indirectly, competitive with or in any way a
substitute for the App;
(8) use the App to send
automated queries to any
website or to send
any
unsolicited commercial email; or
(9) use any
proprietary information or any
of our interfaces
or
our
other intellectual property in the design, development, manufacture, licensing, or distribution
of
any
applications, accessories, or devices for use with the App.
22.2 Apple and Android Devices The following terms apply
when you
use the App obtained from either the Apple
Store or Google
Play
(each
an 'App Distributor') to access the Services:
(1) the
licence granted to you
for our App is
limited
to
a
non-transferable licence to use the application on a device that utilises the Apple iOS or
Android
operating systems, as applicable, and in accordance with the usage rules set forth in the
applicable
App
Distributor’s terms of service;
(2) we are responsible
for providing any
maintenance and
support
services
with respect to the App as specified in the terms and conditions of this mobile application
licence
contained in these Legal Terms or as otherwise required under applicable law, and you
acknowledge
that
each App Distributor has no obligation whatsoever to furnish any maintenance and support
services
with
respect to the App;
(3) in the event of any failure of
the App to conform to
any applicable
warranty,
you
may notify the applicable App Distributor, and the App Distributor, in accordance with its terms
and
policies, may refund the purchase price, if any, paid for the App, and to the maximum extent
permitted
by
applicable law, the App Distributor will have no other warranty obligation whatsoever with
respect
to
the
App;
(4) you represent and warrant that (i) you are not
located in a country
that is subject
to a
US
government embargo, or that has been designated by the US government as a 'terrorist supporting'
country
and (ii) you are not listed on any US government list of prohibited or restricted parties;
(5) you
must
comply with applicable third-party terms of agreement when using the App, e.g. if you have a
VoIP
application, then you must not be in violation of their wireless data service agreement when
using
the
App; and
(6) you acknowledge and agree that the App
Distributors are
third-party
beneficiaries of
the
terms and conditions in this mobile application licence contained in these Legal Terms, and that
each
App
Distributor will have the right (and will be deemed to have accepted the right) to enforce the
terms
and
conditions in this mobile application licence contained in these Legal Terms against you as a
third-party
beneficiary thereof.
24. Third-party websites and content
The Services may contain (or you may be sent via the Site or App) links
to other websites
('Third-Party
Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound,
video,
information, applications, software, and other content or items belonging to or originating from
third
parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not
investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible
for any Third-Party Websites accessed through the Services or any Third-Party Content posted on,
available through, or installed from the Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party
Websites
or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by
us.
If
you decide to leave the Services and access the Third-Party Websites or to use or install any
Third-Party
Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.
You
should review the applicable terms and policies, including privacy and data gathering practices, of
any
website to which you navigate from the Services or relating to any applications you use or install
from
the Services. Any purchases you make through Third-Party Websites will be through other websites
and
from
other companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and acknowledge that we do not
endorse
the products or services offered on Third-Party Websites and you shall hold us blameless from any
harm
caused by your purchase of such products or services. Additionally, you shall hold us blameless
from
any
losses sustained by you or harm caused to you relating to or resulting in any way from any
Third-Party
Content or any contact with Third-Party Websites.
27. Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the
Services at any time or for
any
reason at our sole discretion without notice. However, we have no obligation to update any
information
on
our Services. We will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the Services will be always available. We may experience hardware, software, or
other
problems or need to perform maintenance related to the Services, resulting in interruptions,
delays,
or
errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify
the
Services at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the
Services
during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed
to
obligate us to maintain and support the Services or to supply any corrections, updates, or releases
in
connection therewith.
