1. OBJECT AND SCOPE OF APPLICATION
The agreement is applicable to customers or organizations who are individuals wishing to use the services provided by WebMoney via WebMoney e-wallet.
2. CONTENTS OF USER AGREEMENTS OF WEBMONEY E-WALLET
2.1. User Agreement (“Agreement” for short) is understood as the agreement between Customer (or user) and WM Transfer Ltd (hereinafter referred to as WebMoney) - the legal entity providing the WebMoney e-wallet service.
2.2. Customers should read and agree with all terms set forth in this Agreement before using the services of WebMoney. If you do not agree with any terms of this Agreement, please stop using the services of WebMoney. When customer starts creating a WebMoney E-wallet account or using the services of WebMoney, it means that customer voluntarily agrees to all the terms set forth in the Agreement.
2.3. Customers (or users) of this Agreement are individuals or organizations that use the WebMoney E-Wallet service, either using direct or indirect method throughout the process of using and trading.
2.5. WebMoney may modify the content of this Agreement at any time by posting a revised Agreement on the website of WebMoney and / or all means, tools, applications, services related to the provision of WebMoney e-wallet service. The amendment takes effect from the time it is published. The substantive provisions of the Agreement will be announced by WebMoney 15 (fifteen) days prior to its effective date. If Customer disagrees with the changes in the Agreement, please stop using the services of WebMoney prior to the date on which such content becomes effective. Customers are deemed to agree with changes in the Agreement if they still use the services of WebMoney after the time these changes take effect.
2.6. Customers are fully responsible for the awareness and compliance with the provisions of law when using the WebMoney E-Wallet Services, including but not limited to the provisions on the legality of the transactions, goods / services provided, source of payment currency value.
3. DEFINITIONS, INTERPRETATIONS OF TERMS IN THE AGREEMENT
3.1. Service: is the WebMoney e-wallet service or services provided by WebMoney
3.2. Access information: is the password, detailed login information and any security information related to the User's E-Wallet Account;
3.3. Regulations: are regulations and guidelines related to e-wallet payment services;
3.4. WMV Electronic money: is the electronic currency used in WebMoney e-wallet system, the conversion rate for VND is 1:1;
3.5. E-wallet account / E-wallet: is the account containing the WMV e-money in the WebMoney e-wallet system;
3.6. Merchant: is a person or entity authorized to receive WMV electronic money as payment for the supply of its goods or services;
3.7. Merchant Account: The merchant's WMV account in WebMoney's system;
3.8. Working days: are WebMoney's business days except Saturdays, Sundays and public holidays;
3.9. Customer/User: is an individual or organization that has been approved by WebMoney to register an e-wallet account in the WebMoney system;
3.10. Fees / Service Charges: are fees incurred during the use of the services of WebMoney (if any);
3.11. Transaction limit: is a limit on the type and volume of transactions applied when using the WebMoney e-wallet service;
3.12. Balance (or e-Wallet account balance): is the current balance in the WMV electronic money WMV in the customer's WebMoney e-wallet account;
4. TERMS IN USER AGREEMENTS OF WEBMONEY E-WALLET
4.1. 1. WEBMONEY E-WALLET SERVICE
WebMoney E-wallet service (or “Service”) is a service provided to users nominated e-account which is issued by WebMoney, allowing users to store a monetary value guaranteed by the value of Vietnam dong deposit equivalent to the amount of money transferred to WebMoney's payment assurance account at the rate of 1: 1; and it is used as a means of non-cash payment. Customers can use WebMoney E-wallet to:
- Payment of invoice
- Online shopping
- Payment of phone card, game and Top-up
- Other services
The currency used in the WebMoney e-wallet system is WMV, the conversion rate for VND is 1:1
The monetary value during the period of storage in the WebMoney E-Wallet of the User shall not be paid interest on the e-wallet balance or any action that may increase the monetary value in the e-wallet.
WebMoney does not control or take responsibility for any goods or services paid via WebMoney E - Wallet
4.1.2. Create WebMoney e-wallet
WebMoney issues WebMoney e-wallet for customers based on registration requirements on the basis of satisfying conditions fulfilled at WebMoney website or application
WebMoney e-wallet is issued and used when the following conditions are met:
- Customers aged 15 and above
- Customers must have a bank account before using the WebMoney e-wallet
- Each bank account is only registered for 01 (one) WebMoney e-wallet
When users are issued an e-wallet, they will be called e-wallet owner (Wallet Owner)
The minimum balance is the minimum amount the Owner must maintain in his / her WebMoney E-wallet account at any time, as the case may be (if any)
The available balance is the amount that the Wallet Owner can use to spend and pay from his e-wallet. The balance allowed to be used is equal to the balance contained in the electronic wallet, minus any temporary lock/blockade, minimum balance (if any)
4.1.3. Block WebMoney e-wallet
a) WebMoney reserves the right to block or suspend transaction for part or all of the money in the WebMoney e-Wallet of User when one of the following circumstances occurs:
- When WebMoney discovers any errors, inaccuracies, contradictions or uncertainties in the execution of the transaction;
- When WebMoney discovers or suspects any abnormal, fraudulent, or breach of law relating to payment activity;
- When there is a dispute related to the transactions of the e-wallet.
b) WebMoney terminates the blockade/suspension of your e-wallet account when one of the following conditions is met;
- Closure of the blockade;
- WebMoney has completed the processing of errors, confusions, contradictions and / or other causes leading to blockade;
- After WebMoney verifies that the transactions are done accordingly. It is not subject to a case of fraud, breach of law.
- Disputes relating to e-wallet transactions have been resolved.
c) The blocked amount will be protected and strictly controlled by WebMoney according to blockade content. In case of partial blockade, the unblocked portion is still used normally.
4.1.4. Temporarily lock WebMoney e-wallet
a) To ensure the safety of the Wallet Owner, WebMoney will temporarily disable the e-wallet login function in the following cases:
- After 05 (five) consecutive times, WebMoney e-wallet account is unsuccessful logged-in. The wallet owner can log in normally after the lockout period.
- When WebMoney receives a notification directly via WebMoney Customer Care or the owner's written notification that the authentication device is lost, or the login information, transaction password of Wallet Owner is leaked. In this case, the e-Wallet login function will be temporarily locked until WebMoney receives a written notification from the Wallet Owner confirming the re-opening of the E-Wallet login function.
b) WebMoney reserves the right to temporarily lock or suspend transaction of a part or all of the balance in a User's E-Wallet in the following cases:
- At the request of the Wallet Owner, except under the scope of WebMoney's right of refusal;
- The Wallet Owner has any change regarding the use of the Registered Service and this change does not meet the provisions of this Agreement;
- Any other reasons that WebMoney considers appropriate to minimize any risks that may occur.
After Users have been temporarily locked e-wallet, WebMoney will notify User of such temporary lock as soon as possible. User agrees not to place any responsibility for WebMoney for any loss or damage arising out of the temporary loc, and / or termination / recovery or cancellation of e-wallet
WebMoney will terminate the temporary lock of e-wallet when conditions arising temporary lock terminate.
4.1.5. Close WebMoney e-wallet account
Closing an E-wallet account means that WebMoney closes document of User's E-Wallet. After being closed e-wallet, if customers want to use e-wallets, they must perform procedures to open and use the new e-wallet as stipulated in this Agreement.
a) WebMoney reserves the right to close User's E-Wallet accounts in the following cases:
- At the request of Wallet Owner, except in the case of WebMoney's right of refusal;
- The Wallet Owner is an individual who dies, disappears or loses capacity for civil acts;
- Organizations whose e-wallets are terminated in accordance with provisions of law;
- The Wallet Owner violates regulations on opening and using WebMoney e-wallet;
- The Wallet Owner violates other provisions of law in payment activities;
- The Wallet Owner violates the law or violates any of the provisions of this Agreement, including but not limited to the failure of the Wallet Owner to submit, supplement, update information and documents for WebMoney; not to respond / fulfill requests or respond/ fulfill requests not in accordance with time-limit after getting request of WebMoney; this includes the case relating to “Temporarily lock E-wallet”.
b) Settle the balance when closing WebMoney e-wallet account
After the User's WebMoney e-wallet account is closed, the remaining balance in the e-wallet shall be considered to settle as follows:
- Reimbursement at the request of the Wallet Owner, the guardian, the legal representative of the Wallet Owner, or the heir, the heir representative in the case where the Wallet Owner is died, declared dead, missing.
- Make payment at the decision of Court
- WebMoney handles in accordance with the provisions of law for cases where the legal beneficiary of the balance in the e-wallet has been notified but fails to receive or it is under pre-agreement in writing with the Wallet Owner, in accordance with the regulations of current law.
- The balance is only paid after deducting other fees as per the Tariff of WebMoney and on the basis of meeting the conditions related to the receipt
4.2. TRANSACTION LIMITS, TRANSACTION ALERTS
To restrict risks, WebMoney reserves the right to actively take measures to prevent, verify (including the measures of blockade / temporary lock of e-wallet, temporary stoppage of the transaction which has been or is being performed) in the case where WebMoney suspects, evaluates that it is unusual, complex.
An unusually large transaction is a transaction that is not consistent with the value of the regular transaction of the User or incompatible with income based on the Bank's warning.
Complex transactions are transactions made in a way that does not match the nature of the transaction such as: Transactions are made through multiple intermediaries, multiple accounts which are not needed; the transactions are made between different accounts / e-wallets of the same account holder / wallet owner in different geographic areas; any transaction WebMoney considers that it is unusual and requires close monitoring.
4.3. INFORMATION OF USERS
User Information is information to identify a specific person / organization, including but not limited to: identification information of the individual / organization (name, date of birth, establishment time, Identification Card / Passport, Business Registration Certificate, etc.), contact information (mobile phone number, email address), bank account information and other necessary details. Detailed information of Users should be listed according to WebMoney's specific guideline form
To open, maintain and use the WebMoney E-Wallet Services, users must provide and update accurate information for WebMoney in accordance with specific regulations and guidelines
4.3.1. Identification information
Legal documents for the user to declare according to the identification information should be provided scanned copy (scanned from originals / source copies) to WebMoney in accordance with the committed time
4.3.2. Bank account information
The user must declare 01 (one) bank account corresponding to one (01) e-wallet registered for use.
At any time, WebMoney reserves the right to temporarily lock / close e-wallet accounts when detecting any inaccurate content relating to bank account information that has been declared by the User
4.3.3. Contact information
Users are responsible for updating their e-mail addresses, phone numbers and other contact information which are still be used, and ensure the ability to receive information from WebMoney. Users may update their contact information at any time as directed by WebMoney WebMoney defaults to the User's lasted contact information as the basis to communicate between WebMoney and the User. WebMoney will not accept the case where Users cite reason like contact information is inaccurate, expired, locked, or any other reason causing the User unable to receive the contact from WebMoney.
The User takes responsibility to secure the information sent from WebMoney to the User, and agrees that WebMoney shall not be liable in the event that such information is accessed or used by any User or any others.
4.4. ACCURACY OF INFORMATION
Information provided by Users is necessary to fully access and use the WebMoney E-Wallet Service, which is mandatory for WebMoney to verify / authenticate the registration information for using Service; and data processing. Therefore, users must commit to ensure the accuracy and completeness of the information provided to WebMoney, promptly update as soon as changes. WebMoney is not responsible for resolving any disputes or claims if the information provided by the User is untrue, inaccurate or fictitious.
4.5. COMMITMENTS OF USERS
When using the WebMoney E-Wallet Service, the users undertake and ensure to perform the following rights, obligations and responsibilities:
4.5.1. Rights of Users
- To be entitled to use other support services related to WebMoney e-wallet provided by WebMoney
- Transactions conducted through the E-Wallet of the User are automatically understood on behalf of the Wallet Owner, and the Wallet Owner fully controls and manages all transactions arising on this e-wallet
- To be entitled to use the money in their e-wallet account. The use must be legal and valid; and WebMoney will facilitate the Wallet Owner to use the money in his E-wallet safely and effectively
- To be entitled to request WebMoney to execute the transaction lawful, valid within the scope of available balance
- To be entitled to request WebMoney to close or temporarily suspend e-wallet when necessary, except in the case of WebMoney's right of refusal
- To be entitled to request WebMoney to deduct money in e-wallet for payment of transactions, due / overdue debts; fees related to transactions, complaints, disputes, and other eligible costs as provided by WebMoney and the laws of Vietnam
- To be entitled to request WebMoney to provide information on payment transactions and balance in their e-wallet
- Have the right to request WebMoney to instruct for use of the Service, and / or to receive and process inquiries, complaints, investigations and disputes arising out of the use of the Service.
4.5.2. Obligations and responsibilities of Users
- Ensure to have enough minimum balance in accordance with WebMoney regulations and have enough available balance in their e-wallet to make legal transactions and pay fees in accordance with provisions of WebMoney
- Pledges, mortgages or similar acts are not allowed for their e-wallets
- Self-match, track the balance in their e-wallet with transaction documents provided / issued by WebMoney.
- Comply with registration procedures, transaction sequence and other instructions of WebMoney; use the e-wallet in accordance with the purpose of information provided by WebMoney. WebMoney e-wallets may not be used for money laundering, terrorist financing, fraud, cheating or other illegal conduct
- Provide information requested by WebMoney for the provision of the WebMoney E-Wallet Service. Information contents must be promptly changed in full, accurate and truthful manner, in accordance with the registration documents for opening WebMoney e-wallet in payment transactions; and to be responsible for any errors or exploitation when using the WebMoney e-wallet due to its faults.
- To be responsible for the proper implementation of WebMoney's privacy guidelines and secure the confidential of payment transactions and / or any access information, identification information and other information related to e-wallet account provided by WebMoney. The user is responsible for the risks, damages and losses caused by the leakage of this information (lost, stolen, burgled, or disclosed to any third party).
- Users must immediately notify WebMoney when their transaction, access, identification information and / or other information related to their e-wallet account is lost, stolen, revealed or suspected disclosure for WebMoney timely processing. And, User is responsible for risks, damages and other losses before WebMoney offers appropriate processing solutions
- Unless the User has informed WebMoney of termination of use of the WebMoney E-Wallet Services as provided in this Agreement and has received confirmation of termination from WebMoney; The Wallet Owner agrees that for any act of access to the Service, if WebMoney properly and adequately checks the access passwords and / or other identification elements as prescribed, it shall be automatically considered as the behavior of the Wallet Owner; whether it was later discovered that this access was made by an unauthorized person. The Wallet Owner is fully responsible for the risks and damages caused by such unauthorized use.
- Take responsibility before law for the use of the User's Wallet; and the accuracy and truthfulness of the information and documents provided by the User.
- Refund or co-ordinate with WebMoney to fully reimburse beneficiary amount that WebMoney or other Users over-transferred, wrongly transferred (including operation fault, system error of WebMoney)
- Timely notify WebMoney when detecting any errors, mistakes in payment transactions, or suspecting transaction information being misused.
- By providing contact information when using the Services, the User has agreed to allow WebMoney to send email, message or call the User's telephone number to:
+ Inform the OTP code
+ Introduce, consult, assist, announce, promote WebMoney E-Wallet Service and / or other services; announce new products, services, promotions.
+ Other notices for the provision of E-Wallet Payment Services to Users
- If Users believe that there is a mistake or error in processing payment instructions of WebMoney, Users can contact directly and immediately when the problem arises with Customer Care of WebMoney to be resolved
- The user agrees and is responsible for submitting / updating any information / documentation, coordinating to investigate upon the request of WebMoney. Depending on the decision of WebMoney from time to time, the delay and / or failure to submit / supplement / update any information / documentation, co-investigate as required by WebMoney will result in WebMoney blockades / temporarily locks / closes account or suspends transaction which has been or is being done. In this case, User agrees that WebMoney shall be entitled to handle the money involved and at the same time commit to comply with the settlement results of WebMoney.
- The User is obliged, at his own expense, to fully equip and regularly maintain to ensure the quality of the connected machines, device, system software, application software...to be able to safely connect, access to the Service.
- The User is responsible for the application of reasonable measures and / or in accordance with WebMoney's guidelines to ensure safety, compatibility for connected machines, devices, system software, application software, ... used to connect to, access to the Service in order to control, prevent and stop the unauthorized use or access into the Service.
- In case where User receives information about other customers of WebMoney when using the Service in any form, in any manner, the User shall keep the information confidential, not disclose or disseminate this information to others or / and use it for any other purpose unless authorized by such person
- The Wallet Owner must be responsible for WebMoney e-wallet transactions originated from the Wallet Owner. In case where the Wallet Owner violates the Agreement and causes damages / losses, the Wallet Owner must compensate WebMoney, other customers, relevant third parties
- Other obligations and responsibilities as stipulated by WebMoney.
4.6. RIGHTS OF WEBMONEY VIETNAM
- WebMoney is entitled to automatically debit from the User's E-Wallet account:
+ To pay due / overdue debts, fees related to transactions, complaints, disputes, and other eligible expenses as provided by WebMoney
+ To pay for other fees under WebMoney Tariff
+ Perform payment obligations according to the results of settling related complaints and disputes that force Wallet Owner makes payment
+ To adjust items that are incorrectly accounted, accounting is not in accordance with nature or not consistent with the content of use of e-wallet under the regulations of WebMoney and the Wallet owner was informed about this
+ Upon detecting that money has been wrongly transferred into the e-wallet of the User; or upon having the request to cancel the money transfer order, cancel the transaction from the organization associated with WebMoney or customer due to detecting errors against the content of the customer payment
+ Return to the payer, or handle in accordance with internal regulations of WebMoney for the money without recipient, if the User cannot prove the its legal ownership to such money.
+ To pay regular, periodic payables under the agreement between the User and WebMoney
- To be entitled to refuse User's payment orders in the following cases:
+ The user fails to fully perform the requirements on payment procedures, payment orders are invalid, do not match the elements registered in the e-wallet opening documents, or do not suit the agreements between User and WebMoney and / or relevant third parties
+ E-wallet of the User does not have sufficient balance as prescribed and / or to execute the payment order
+ E-wallet is closed, blocked / temporarily locked in whole or in part; or unblocked / temporarily unlocked part does not have enough balance for execution of payment orders
- Refuse request for temporarily locking or closing e-wallet of the Wallet Owner when the Wallet Owner has not fulfilled obligations to pay debts owed to WebMoney or / and other obligations
- Regulations on minimum balance, transaction limit on e-wallet depend on each period and / or each usage case
- Regulate and apply measures to ensure safety and security for WebMoney e-wallet system
- WebMoney is not liable for any damages or losses suffered by Users arising out of the use of the Service, unless such damages or losses result from intentional misuse of WebMoney
- WebMoney is not liable for any direct or indirect damages suffered by the User arising from or through:
+ Users have access information, identification, and other information relating to their e-wall lost, disclosed, stolen or disclosed, resulting in the use of such information by others to use the Services or to access information provided by the Service;
+ Interruptions, delays, defers, unavailability to use or any incidents occur during the provision of the Services due to reasons beyond WebMoney's reasonable control, including but not limited to, interruption since Service needs to be upgraded or repaired; the fault of the Internet connection of Internet service provider; breakdown by supplier of goods / services;
+ Any delay in sending the message or the User has not received the message
+ The message and / or information implemented by a third party who, in any way, makes connection, login and use of the User's E-Wallet account
+ Any occurrence of Force Majeure events, including, but not limited to, natural disasters such as floods, fires, droughts, storms and earthquakes; Social events such as demonstrations, uprisings, riots and wars, activities of governments within the scope of competence.
4.7. RESPONSIBILITIES OF WEBMONEY
- Carry out the payment order of the Wallet Owner after checking the legality and validity of the payment order
- Fully and promptly execute the payment orders and Service use requirements of the User in accordance with the regulations and agreements between WebMoney and the User; timely refund the amounts due to errors, mistakes in the implementation of payment orders.
- Completely, accurately and timely inform of balances and transactions arising on e-wallets as agreed with the Wallet Owner.
- Timely update information when there is a notice of changes in the contents of the Wallet owner's e-wallet opening document.
- Ensure the confidentiality of information related to e-wallet and transactions on the e-wallet of the Wallet Owner according to the provisions of law
- To be responsible for damages caused to users due to errors, mistakes originated from WebMoney
- Develop procedures, policies and tariffs for the provision of WebMoney e-wallet service
- Guild and publicly announce the information so that the user could know; as well as being responsible for answering and handling promptly queries and complaints of users during the registration and use of the Service.
4.8. TERMINATION OF USE
- WebMoney reserves the right to change, suspend or terminate the provision of Service at any time without the consent of the User. However, WebMoney will notify the User of the change, suspension or termination of the Service.
- The Users may terminate the use of the service at any time by accessing their WebMoney E-wallet account and closing account. Upon termination of service, User may not continue using the username, password and / or other information provided by WebMoney.
- All these terms and conditions remain in effect after the Users stop and terminate the Service. Even after stopping or terminating the use of Service, the Users are still bound by the terms set forth in this Agreement during the use of the Service.
4.9. FEE REGIMES
- Fee for using WebMoney e-wallet service is based on the fee tariff announced by WebMoney for each period depending on the characteristics of each type of service
- User authorizes WebMoney to automatically debit the Service fee on any e-wallet opened at WebMoney to pay for the usage fee of this Service.
- Service fees may be collected before, after or as soon as the transaction occurs, depending on the type of service provided by WebMoney. WebMoney will not reimburse the User's paid service fee, except in the case where service fees relate to the transaction identified as a result of WebMoney's fault.
- Reimbursements / refunds will be paid for fees related to the reimbursement / refund prior to reimbursement / refund.
4.10. INTELLECTUAL PROPERTY RIGHTS
Websites (including but not limited to domains), applications, solutions, merchandise / services, logos and other content related to WebMoney and WebMoney E-wallet Services are under the legal, complete and non-transferrable management, ownership and use of WebMoney. Users must respect these rights and WebMoney strictly prohibits any infringement of WebMoney’s intellectual property rights.
Without the prior written consent of WebMoney, Users are not entitled to assign any of the rights and obligations of the User as defined in this Agreement.
4.12. SETTLEMENT OF DISPUTES
Any disputes, divergences arising out of, and / or in connection with the WebMoney E-Wallet Services, shall be resolved jointly by the Parties on the basis of negotiation and assurance of two Parties' interest. If it cannot resolved by negotiation, the two Parties agree that such dispute or divergence will be resolved at a competent court. The decision of the court is binding on the parties. During the time when the Court has not given judgment, Parties shall continue to perform their obligations and responsibilities under this Agreement. Costs related to the settlement of the dispute shall be paid by the losing party according to the judgment of the court.