Agreement on Property Rights Transfer by Means Of Digital Units
1. GENERAL PROVISIONS
1.1. Definitions as used in the Agreement
«WEBMONEY TRANSFER» – is an electronic system providing for the integral accounting and secure circulation of formalized messages between registered users who have received a user identifier (WMID) during the installation of client software on their computers and have joined the given Agreement.
«WEBMONEY» – is a multipurpose digital title unit (WM); measure of property rights; the price of a WM unit (its conventional network value) is set by holders. The transmission and accounting procedure complies with the procedure of exchanging messages of «TITLE UNITS» format in WEBMONEY TRANSFER (Appendix I).
«WEBMONEY Transactions Certification Center» – is a hardware-software automatic system operating the circulation of WEBMONEY and performing the transfer (conveyance, cession) of property rights.
«WEBMONEY KEEPER» –is a client software obtained free of charge from our Web server. It provides access to algorithms that control and run WEBMONEY transactions on your computer.
«YOUR COMPUTER» – is a computer (computers) on which you use WEBMONEY KEEPER to work with WEBMONEY TRANSFER.
«YOU» – are a user of the WEBMONEY TRANSFER system and its hardware-software system, any individual or legal entity, being a party of the given Agreement (any of its clauses or related acts), who has provided the true identification data (First and Last Name, information about the identification documents or legal documents, name and state registration number in the State Registry of Legal Entities) and valid contact details (postal address, e-mail, mobile phone number)when joining the system and who has acknowledged electronic documents drawn up with the help of the WEBMONEY TRANSFER as legally binding and equivalent to similar paper documents as well as actions and operations performed by means of the WEBMONEY hardware-software system as actions aimed at establishment, alteration and termination of civic rights and duties in regard to property rights (object).
«WE» – are WM Transfer Ltd., the proprietor, installer, operator and administrator of the WEBMONEY TRANSFER System and a party of the given Agreement (any of its clauses or related acts).
«AGREEMENT» – is contractual provisions of legal relations parties, including the acknowledgement of digital documents confirmed by the analogue of a handwritten signature, technical rules and standard procedures that regulate your status of a WEBMONEY TRANSFER user and your relations with us.
«WEBMONEY TRANSFER PROCEDURES» – are the instructive description of procedures for using WEBMONEY TRANSFER, available at our Web server.
«APPLICATION FORM» – is a form you fill in the WEBMONEY KEEPER, requesting to allow performance of various operations with WEBMONEY.
«USER IDENTIFIER» – (WMID) is a sequence of characters generated during the registration of WEBMONEY KEEPER in the Transactions Certification Center. It serves as your unique address in WEBMONEY TRANSFER.
«SERVICES» – our informational and technical support of the WEBMONEY KEEPER software.
All the terms mentioned above shall be understood uniformly and shall be used in any context to describe the services offered by us in regard to the WEBMONEY TRANSFER System. You can receive copies of their description from our web server. You can also request us in writing (confirmed with the analogue of your handwritten signature) to send you a printed version.
2. WEBMONEY TRANSFER
2.1. WEBMONEY TRANSFER provides the following features:
a) You can accept WEBMONEY from another WEBMONEY user any time via Internet or other means of communication used in the System;
b) You can transfer any amount of WEBMONEY stored in your specific credentials (Purses) in your WEBMONEY KEEPER (Annex I) to any other WEBMONEY TRANSFER user, either an individual or legal entity accepting WEBMONEY for products and services.
c) Upon a request, you can receive personal history log for up to 3 days from your last transaction, but not later than 90 days from the request date
2.2. In order to discuss details of the transaction you can take advantage of the WEBMONEY KEEPER embedded secure messaging system allowing to exchange text messages (Annex I).
2.3. You realize your WM units owner status only when we confirm the authenticity of such units in the WEBMONEY Transactions Certification Center.
2.4. Any amount of authentic WM units available in your WEBMONEY KEEPER proves your right to own these WM units.
3.1. We charge no fee for using the WEBMONEY KEEPER client software.
3.2. For each transfer of WM units the fee of 0.8% but not less than 0.01 WM is deducted from your WEBMONEY KEEPER purse, unless otherwise is stated (Annex I).
4. WEBMONEY Procedures Rule
4.1. You shall transfer your WM units to another WEBMONEY TRANSFER user strictly in accordance with procedures set by us.
5. USER'S RESPONSIBILITIES
5.1. Each WEBMONEY TRANSFER user (YOU) is liable to:
a) meet terms and conditions determined in the given Agreement as well as updated instructions, sent to you additionally, as WEBMONEY KEEPER is upgraded, in compliance with the WEBMONEY TRANSFER Code, which you shall unconditionally accept;
b) provide the true personal identification data and contact information during the registration with WEBMONEY TRANSFER System and timely inform us about any changes in it via WEBMONEY TRANSFER procedures;
c) acknowledge electronic documents drawn up with the help of the system (instructions, contracts, records, account statements, rules and orders) verified by the analogue of handwritten signature as legally binding and equivalent to similar paper documents. Any documents sent to us must be verified by the handwritten signature and must contain reference to the handwritten signature analogue used by you in the WEBMONEY TRANSFER System;
d) use WEBMONEY TRANSFER for legal purposes only; never use WEBMONEY TRANSFER to accept payments for illegally obtained, received products or services, including deals infringing copyright of third parties (piracy products);
e) use WEBMONEY TRANSFER , its services and website for legal actions only. You assume liability never to use WEBMONEY TRANSFER to trade securities, to participate in multilevel marketing programs, to sell products, which delivery takes more than 30 days, and to impersonate another user or representative of the WEBMONEY TRANSFER System;
f) keep personal records of any income received from activity in WEBMONEY TRANSFER and file appropriate reports with the taxation authorities as per legislation in force of the country of registration/residence
g) never let anyone else use WEBMONEY KEEPER on your computer; neither modify WEBMONEY KEEPER nor create other software on the basis of WEBMONEY KEEPER;
h) never transfer access to your WEBMONEY KEEPER to anyone, including access to devices used for authorization.
i) follow all our instructions that we may change from time to time as WEBMONEY KEEPER is being upgraded;
j) follow WEBMONEY TRANSFER PROCEDURES;
k) thoroughly check data (amounts, addresses, etc.) provided in your APPLICATION FORM for a transaction with WEBMONEY before submitting it;
l) never share passwords, codes or other confidential information related to WEBMONEY TRANSFER with anyone;
m) take adequate care of your computer's security in order to prevent negative consequences to us;
n) inform us of any malfunctions in the operation of WEBMONEY KEEPER;
o) make every effort to resolve disputes with other members of the system regarding transactions conducted with them, out-of-court. In case the arising dispute cannot be resolved by negotiating (out-of-court), the dispute should be submitted for an arbitration hearing to the WEBMONEY TRANSFER Arbitration. The WEBMONEY TRANSFER Arbitration shall investigate the case and settle the dispute, based on the WEBMONEY TRANSFER Code. You are liable to acknowledge that judgments made by the Arbitration of the WEBMONEY KEEPER System are legal, well-grounded and final;
p) Never use account details and addresses of WEBMONEY TRANSFER users to send unsolicited messages and letters. You have no right to use electronic mail, blogs, message boards and the like mass mailing methods (SPAM) to advertise your WEBMONEY TRANSFER details.
5.2. In addition to conditions outlined in clause 5.1, WEBMONEY TRANSFER users accepting WEBMONEY for products or services shall:
a) provide (voluntary and in order set forth by the system) a sample of their handwritten signature witnessed by a Notary Public and assume liability to acknowledge electronic documents drawn up with the help of the system (instructions, contracts, records, account statements, rules and orders) and signed with the analogue of handwritten signature as legally binding and equivalent to similar paper documents. The abovementioned liability must be verified by the handwritten signature witnessed by a Notary. In addition, legal entities must provide the bank card of samples of signatures verified by a Notary Public (addressed to the WEBMONEY TRANSFER System);
b) Set forth clear claim instructions for resolving consumer disputes in case products are exchanged or returned and publish this information on their websites;
c) place a link to the description of the above instructions and contact information (address, phone number and email) of the store’s customer support department on the main webpage of their sites;
d) give neither guarantees nor promises regarding products and services offered, if this could affect our interests;
e) display our logo «We accept WebMoney» and a hyperlink to our website on each webpage of the website offering goods and services for WEBMONEY;
f) make sure that any link or button will unambiguously inform users how to make payments using WEBMONEY, for example, by placing a simple phrase «Make payment in WebMoney» on the web site;
g) make sure that each link or button unambiguously informs users of necessary actions that should be made to conduct a transfer in WEBMONEY, for example, with the help of a logo «Make payment in WebMoney»;
h) inform each user of peculiarities of each transaction before he or she confirms the transaction. These peculiarities may include, for instance, delivery terms;
i) submit tax reports on transactions conducted through WEBMONEY TRANSFER to taxation authorities of the country of their residence on their own initiative;
j) never advertise WEBMONEY TRANSFER without our prior consent.
k) to place the Disclaimer in trading areas/shops (if any) and at the shop's web site as per example given at Annex 3. Additionally to that, every Supplier/Seller is hereby obliged to verify the acceptance of the given Disclaimer by his own signature, publish it on his own website and comply with it further on in his activity. The signed Disclaimer is to be sent to the Owner/Holder within 10 days from its signing.
l) taken into account that accepting payments for products and services in title units is the deal of exchange, at which the transfer of title units by a customer is verified by the System, to arrange for the verification by a customer of the facts of receiving products or rendering him services for the benefits of third parties including the Arbitrage, in case disputes arise between members of the System. If there are no such confirmations, to return title units on the customer's (the sender of title units) demand to the credentials of the sender (the customer) and complete settlement for such deal individually outside WEBMONEY KEEPER System with the restoration of monetary obligations for the products sent over to the customer (services rendered to him).
6. FIELD OF COMPETENCE AND TRACKING
6.1. It is the sole right of any WEBMONEY TRANSFER user, including but not limited to those users who have placed the logo of WEBMONEY and information that they are accepting WEBMONEY for goods or services on their websites, to refuse to accept WEBMONEY units or introduce any other restrictions on accepting them.
6.2. All your actions in the WEBMONEY TRANSFER system will be recorded in a special log. We may use this information in case you violate this Agreement in order to protect our interests and interests of all WEBMONEY users.
7. WEBMONEY TRANSFER – SOFTWARE LICENSE
7.1. In order to meet terms and conditions of the Agreement, we provide you with an open, non-exclusive license of a WEBMONEY TRANSFER user. We and persons specified by us reserve all common and special rights for WEBMONEY KEEPER.
8. LIMITATION OF LIABILITY
8.1. We shall refund no loss that you may suffer in case of your intentional and unintentional violation of any requirements of the Agreement. In addition, you are running risks of property losses caused by factors other than those specified in clause 8.2.
8.2. We are responsible for malfunctions in the functioning of WEBMONEY TRANSFER.
We are relieved from responsibility if failures in the WEBMONEY TRANSFER functioning are caused by:
a) any malfunction in telecommunications, computer, electric or any other related equipment;
b) force majeure circumstances.
8.3. You understand and agree that:
a) WM Transfer Ltd. is not responsible for transactions conducted by you to casual users of the system or for your transferring a wrong amount of WM units if these actions were caused by invalid or false data provided by Senders or Recipients;
b) Verification of users’ personal data (Verification procedure) only increases the probability that the identity of a particular user has been established. WM Transfer Ltd. is not liable for fraud and swindling, deception or false information provided by users regardless of whether the user’s identity has been established or not. However, the WEBMONEY TRANSFER System shall offer a special assistance service to those users who have fallen victims to fraud in case they manage to notify us of their problems in proper time;
c) WM Transfer Ltd. disclaims any warranties regarding the unauthorized wiretapping and eavesdropping or unauthorized usage of the data related to you and your WEBMONEY KEEPER. WM Transfer Ltd. disclaims any warranties regarding your impossibility to use the WEBMONEY TRANSFER System resulted by your loss of access to its services or website. In no event shall WM Transfer Ltd. be liable for actions or deals performed by any person as a result of using your WEBMONEY KEEPER by your consent. The system disclaims any warranties regarding any malfunctions in hardware and software environment (including computer viruses), in telephone and other communications devices and software, as well as malfunctions caused by Internet providers. In no event shall WM Transfer Ltd. be liable for unforeseen damages and losses caused unintentionally, including but not limited to loss of profits and disclosure of confidential information. In no event shall WM Transfer Ltd. be liable for action or inaction of third parties (for example, telephone communications providers, providers of computer hardware and software) or for losses caused by circumstances beyond our control (such as fire, floods, natural disasters, state of war, rebellion, strikes, computer viruses, malfunctions in electrical or telecommunication networks or other associated services).
9. AMENDMENT, SUSPENSION AND TERMINATION OF AGREEMENT
9.1. We reserve the right to amend the Agreement or any part of it from time to time at our sole discretion. All amendments shall never worsen your position. We shall inform you of principle changes made to the Agreement through our web server or by sending a text message to your WEBMONEY TRANSFER credentials, 30 days in advance.
9.2. We can suspend our obligations under the Agreement at any time without prior notice to you. The suspension of our obligations will simultaneously suspend your right to use WEBMONEY KEEPER until you receive a notice from us of the suspension termination.
9.3. We can terminate the Agreement:
a) immediately and without notice in case you violate any of its conditions;
b) Upon expiry of the term we have specified and with notice hereof; the shortest term should not be less than seven days.
9.4. You can cancel the Agreement by notifying us of your decision to do so seven days in advance.
9.5. If the greement is annulled and if there is no demand that title units are returned by the sender to you, following the specifying by you of USER IDENTIFIER, 'password' and 'keys file', the bank account opened for the name registered in the WEBMONEY TRANSFER System (IDENTIFIER specified during the registration) will be credited as reimbursement. With that the amount of reimbursement will be equivalent to the current market value of remaining title units accounted for the credentials of your WEBMONEY KEEPER with charges for the reimbursement of our expenses for the banking transaction at rates published on our site. If there is a demand to return title units transferred to you by senders you, before instruction to credit your bank account, are obliged to fulfill the procedure according to p.5.2.l.
9.6. Termination of the Agreement shall result in the termination of the WEBMONEY KEEPER license.
10. Intellectual Property Rights
"WEBMONEY"," WEBMONEY TRANSFER", "DIGIMONEY", "PAYMER" and "WM NOTE" trademarks (hereinafter “Trademarks”) are used by the Operator in accordance with a license agreement, entered into and between Operator and SIA Digimoney (Latvia) – the owner of exclusive rights to Trademarks (hereinafter “Trademarks Owner”), granting permission to the Operator to use Trademarks. Trademarks Owner reserves an exclusive right to prohibit third party use in commerce of Trademarks and representations, which are identical or similar to Trademarks, and, consequently, Trademarks may be used in commerce by third parties, including users of WEBMONEY TRANSFER system, only after receiving granted permission of the Trademarks Owner.
Prohibition of third party use in commerce of Trademarks and representations, which are identical or similar to Trademarks, includes the use thereof in identical or similar domain name registrations, regardless of top-level domain with which the domain name is registered.
The Operator, as a licensee of the Trademarks Owner with exclusive rights to Trademarks, reserves the right and is obligated within the means available to Him to prevent and prohibit any infringing use of Trademarks. Where in fact infringing use of Trademarks and representations, which are identical or similar to Trademarks, or a combination thereof is discovered in a domain name during use by WEBMONEY TRANSFER member or an entity controlled by a member, Operator reserves the right to demand from member either:
- to transfer the infringing domain name to the Owner or
- to cease using the infringing domain name.
Failure to comply with the demands of the Operator concerning the transfer of the domain name or cessation of its use in 7 (seven) days after receipt of notification of infringement via communication channels of WEBMONEY TRANSFER system shall constitute a material violation of terms and conditions of this Agreement and shall entitle the Trademarks Owner to seek and claim a fine in equivalent of 100,000.00 (one hundred thousand) euro from WEBMONEY TRANSFER member or an entity controlled by a member for each case of infringing use of Trademarks and representations, which are identical or similar to Trademarks, including domain name registrations, which were listed in Operator’s notification. Payment of the fine shall not waive the member’s obligation to seek a granted permission of the Trademarks Owner for use of Trademarks.
Description of Obligatory Message Formats in the WEBMONEY TRANSFER System
«WEBMONEY TRANSFER» – is an electronic system providing for the integral accounting and secure circulation of formalized messages between registered members who have received a user identifier (WMID) during the installation of client software on their computers and have joined the given Agreement.
A user identifier (WMID) is a unique sequence consisting of 12 digits used as a user's address in the system.
WEBMONEY TRANSFER is designed to support the following obligatory message formats:
Messages in the «INVOICE» and «TEXT» format can be composed by any member of the system (SENDER) to be sent to another member (RECIPIENT) whose address (WMID) is known to the SENDER. Copies of transmitted «INVOICE» and «TEXT» messages are saved to a special archives in the software of both SENDER and RECIPIENT. If so desired, users can delete the received «INVOICE» and «TEXT» messages from their archive and from the system in accordance with the deletion procedure. Messages in the «TITLE UNITS» format can be created only by the Owner of the system; they are designed for being sent from one member of the system (SENDER) to any other (RECIPIENT).
Messages in the «TITLE UNITS» format can be created only by the Owner of the system; they are designed for being sent from one member of the system (SENDER) to another (RECIPIENT).
Records on exchange of «TITLE UNITS» messages are saved to an archives in the software of both the SENDER and RECIPIENT and to the Log of the system.
«TITLE UNITS» messages cannot be deleted by their owners; they can be transferred from one member to another. The Operator of the WEBMONEY TRANSFER system insures safety and integrity of all the «TITLE UNITS» messages, this being the major function of the System.
Within WMID, a user can create any number of specific credentials (purses) consisting of 12 digits and a letter prefix identifying the type of «TITLE UNITS».
A «TITLE UNITS» message can be sent to any member of the system having a registered purse within his WMID used to keep record of «TITLE UNITS» messages of a particular type.
The quantity of «TITLE UNITS» messages sent or received from any purse is displayed in the «AMOUNT» field, a required character of a purse.
A «TITLE UNITS» message has the following fields:
AMOUNT (quantity of messages of the "TITLE UNITS" format in a particular transaction);
TRANSACTION DATE AND TIME (date and time of recording this transaction in the WEBMONEY TRANSFER system);
COMMENT to a transaction.
Upon receiving «TITLE UNITS» messages, the «AMOUNT» in the RECIPIENT'S purse will be increased by an amount equal to the quantity of the «TITLE UNITS» messages received in the particular transaction.
At sending «TITLE UNITS» messages, the «AMOUNT» in the SENDER'S purse will be decreased by an amount equal to the quantity of the «TITLE UNITS» messages sent to the RECIPIENT and by an amount equal to the quantity of the «TITLE UNITS» messages transmitted to the WEBMONEY TRANSFER service credentials.
The quantity of «TITLE UNITS» messages transmitted to the service credentials is set by the Owner of the system for each type of «TITLE UNITS» messages, but it cannot be less than a hundredth share of the "TITLE UNITS" message of any type. Thus, the presence of «TITLE UNITS» messages in purses of users entitles them to send these messages to any addressee in the WEBMONEY TRANSFER system; the user who has a purse with the «AMOUNT» value equal to one has the right to send no more than fifty messages in the «TITLE UNITS» format to other users.
«Invoice» message can be sent from one member to another and serves as a request to send «TITLE UNITS» messages. The «INVOICE» message cannot be forwarded to a third party and it has the following fields:
RECIPIENT can process the «INVOICE» message by accepting or rejecting it. In case the RECIPIENT accepts the «INVOICE» message, a «TITLE UNITS» message will be sent to the SENDER. In case the RECIPIENT rejects the «INVOICE» message, a «TEXT» message will be sent to the SENDER.
A «TEXT» message can be sent by the SENDER to the RECIPIENT. It cannot be forwarded to a third party and it has the following fields:
For convenience of members, the Owner of the WEBMONEY TRANSFER system can develop and introduce new message formats without changing obligatory message formats and their processing algorithm.
List of Prohibited and Restricted Goods and Services, forbidden for sale using WebMoney Title Units
The List, mentioned below describes, but doesn't limit Goods and Services that are forbidden for sale via WebMoney Transfer System:
1. Artifacts, culturally valuable art and historical objects located/stored at the country of the consumer.
2. Used cosmetics.
3. Counterfeit currency, coins and stamps.
4. Drugs and drug paraphernalia, narcotic or drug-like substances, legal substances formulas and descriptions, steroids, agents that are subject to control and restrictions or other products that pose threat to safety of consumers.
5. Electronic devices including equipment deemed unlawful by the consumer's country of residence (for example cable TV descramblers, radar scanners, and traffic signal control devices, surveillance equipment, wiretapping devices, and telephone bugging devices.
6. Firearms and their replicas, cold and thrown weapons, physical protection equipment, sprays, tazers.
7. Government documents, IDs, licenses, uniform and other goods or any police (militia) items.
8. Dangerous and hazardous goods, perishable or restricted items ( for example explosives, radioactive materials, toxic substances, batteries, fireworks, Freon).
9. Human parts and remains.
10. Items, encouraging illegal activity or links to items, promoting others to engage in illegal activity
11. Lockpicking devices.
12. Bulk or unsolicited mail lists, data for access to e-mails, social networks, phone nets, message services or any lists that contain personal data.
13. Stolen things, including digital and virtual goods and means of accessing electronic systems, multiplayer games, including service access codes and special programs to break program protection.
14. Offensive Material (items that promote or glorify hatred, violence, racial or religious intolerance, Nazi memorabilia, offensive goods or materials).
15. Prescription drugs, pills, medications and their components.
16. Prohibited items promulgating violence, racial intolerance or economic benefit from illegal activity, including illegal sexual services and any other services that contradict with the System's Code.
17. Stolen property and property with removed serial numbers.
18. Herbs, noxious weeds and prohibited seeds.
19. Illegal /piracy audio or video recordings.
20. Counterfeit or infringing goods.
21. Mod-chips, game emulators, boot disks and devices.
22. Goods, having no use value.
23. Pornography, child pornography and other sexually suggestive materials involving minors; escort or prostitution services.
24. Auctions or trading systems, allowing its participants to perform activities, excluding actual transfer of goods, services or other products, bearing a use value, while all participants must pay regardless of whether they win or not.
25. Financial or payment instruments, that do not ensure proper KYC procedures and customers identification for the purposes of fighting illicit trafficking, financial fraud, illegal proceeds and money laundering.
26. Multi-level marketing, pyramids, HYIPs and matrix.
27. Products and services, transactions on which exclude options for settlement outside WebMoney Transfer System.
In case there are all necessary permissions and licenses in place, the below listed Goods and Services still require additional permission from the WebMoney Transfer System to be listed and sold using WebMoney:
2. Stock, shares and other securities.
3. Gambling (any types of casinos, games including poker, roulette, bingo, baccarat, all types of betting), lottery tickets.
4. Financial instruments.
5. Alcohol and alcoholic beverages.
6. Lending or managing of WebMoney Title Units at the expense of/against debt or collected funds coming from/belonging to third parties on conditions of urgency, chargeability and recurrence.
7. Collection of donations in favor of third parties as a charitable or non-commercial organization.
Disclaimer (Waiver of Liability)
Goods and services, offered by us as a Merchant are not provided on order or by request of a person or entity, running WebMoney Transfer System. We hereby act as an independent entity providing services and making independent decisions on pricing and offers. Entities, running WebMoney Transfer System do not receive any commission, interest fees or any other awards/refunds for the provided goods or services and are not liable for our activities.
Verification, performed by WebMoney Transfer System only confirms the accuracy of our contact details and proves our identity. Verification is performed by our own free will and doesn't mean or show our connection to the commercial activity of WebMoney Transfer System Operators.