GoNpay Consumer Agreement

2016 08 01

1. Introduction

1.1. “Mobili zona” UAB, company code 304255777, registered in the Republic of Lithuania (European Union),- (hereinafter referred to as GoNpay) is supplier and executor of this this agreement (hereinafter referred to as the Agreement);

1.2. This Agreement applies to Consumers of GoNpay provided services.

2. Definitions

2.1. GoNpay – the brand of “Mobili zona” UAB with its internet address gonpay.com. GoNpay also means the Supplier or services in this Agreement;

2.2. Merchant – a customer of services provided by GoNpay, which uses GoNpay services to advertise and sell its own good and services;

2.3. Consumer – a private individual, which is end user, payer and receiver of goods and services of the Merchant using GoNpay services;

2.4. Mobile wallet - a mobile application, installed into the Consumer’s mobile device. It allows the Consumer to make payments to the Merchant, receive offers of the Merchant, communicate with the Merchant and use any other services, which GoNpay provides to the Consumer;

2.5. Sales point - a physical place to sell goods or to provide services at which the Merchant sells its goods or provides services;

2.6. Provided services – services provided by GoNpay as mentioned in this Agreement;

2.7. Consumer self-service portal – a System administered by GoNpay and accessible via internet address gonpay.com. The system is used to collect and store relevant information about the Consumer and to provide information related to GoNpay services;

2.8. GoNpay Payment account – a bank account opened at a commercial bank under the name of “Mobili zona” UAB and is used only to book money transfers when the Consumer pays for the Merchant’s goods and/or services;

2.9. Loyalty program – the Merchant’s written terms and conditions or other detailed document, which describes all relevant information about participation in the Merchant’s loyalty program. It should include also rights and obligations of the parties related to this loyalty program;

2.10. Loyalty card – a plastic or a virtual card possessing its unique identification number which is issued by the Merchant. By using this card the Consumer participates in the Merchant’s Loyalty program according to the Merchant’s Loyalty program’s terms and conditions;

2.11. Payment card – a plastic or a virtual card which is issued by a bank or a payment institution and is used to make payments for goods and services;

2.12. User account – the Consumer’s dedicated personal place in GoNpay systems (in the Consumer self-service portal and in the Mobile wallet). This account is used to store and maintain data about the Consumer and history of the Consumer’s actions;

2.13. Identification code – a QR code, a BAR code or any other code used to identify the Consumer of the Merchant, which is stored at the Sales point and/or in the Consumer’s Mobile wallet. This code is issued to the Consumer and/or to the Merchant by GoNpay or by the GoNpay’s partners.

3. Opening and maintaining User account

3.1. The Consumer has to open his/her personal account in GoNpay system before starting to use the Mobile wallet. It is possible to open a personal User account in the Mobile wallet or in Consumer self-service portal.

3.2. It is considered that by activating his/her personal User account the Consumer agrees with all terms and conditions of this Agreement and signs this Agreement;

3.3. The Consumer must be not younger than 18 years old in order to use GoNpay services with exception by cases approved by his/her representatives according to the legislation (parents, tutors, etc.). GoNpay has right to ask for a written approval of respective representative and the Consumer must provide it, otherwise GoNpay has right to terminate/not approve the User account.

3.4. The Consumer confirms that all data inputted by him/her into the Consumer’s User account is correct and he/she is primary responsible for updating it timely. GoNpay has right to terminate the User account if it becomes clear or if GoNpay has grounded suspicion that provided the Consumer data is not correct.

3.5.The User who has given his/her consent for direct marketing can terminate his/her consent at any time in the Consumer self-service portal, in the Mobile wallet or by other provided methods.

4. Operation of Mobile wallet

4.1. The Consumer use the Mobile wallet in a mobile device which meets minimum technical requirements as set by GoNpay.

4.2. An internet connection (provided by a mobile operator or via a wireless network “wi-fi”) is mandatory for the Mobile wallet to be fully operational therefore before using the Mobile wallet the Consumer must make sure that internet connection is turned on and works in his/her mobile device each time. The Consumer understands and agrees with the fact that data is transmitted via internet connection while using the Mobile wallet.

4.3. The Consumer must identify himself/herself in order to use the Mobile wallet for Loyalty services and/or Payment services at a Sales point. Identification can be done by one of the following methods:

4.3.1. Using functionality in the Mobile wallet to scan Identification code located at a Sales point;

4.3.2. Showing to the Merchant Identification code which is displayed in the Mobile wallet. The Merchant scans this code using a special code scanner;

4.3.3. Using other functionality available in the Mobile wallet and accepted by the Merchant.

5. Loyalty services

5.1. The Consumer can use Loyalty programs and their offered benefits of those Merchants which have contracts with GoNpay.

5.2. The Merchant is entirely responsible for appropriate functioning of Loyalty program and for offering respective benefits to the Consumer. GoNpay is responsible for timely and precise transmission of the Consumer information to the Merchant.

5.3. Methods to use the Loyalty programs:

5.3.1. The Mobile wallet which is developed and maintained by GoNpay;

5.3.2. The Merchant’s mobile application which is developed and maintained by the respective Merchant or its contractor;

5.3.3. The Loyalty card which is issued by the Merchant.

Usage of each method is described and provided in the Merchant’s Loyalty program’s terms and conditions.

5.4. Adding the existing Loyalty card. The Consumer can add data of his/her used Loyalty card into the Mobile wallet. In such case the Consumer does not lose his/her benefits accumulated according to terms and conditions of the respective Merchant’s Loyalty program. The Merchant will continue to provide possibility to participate in its Loyalty program to the Consumer. Mandatory condition to add the Consumer’s used Loyalty card – the Merchant must have a respective contract with GoNpay. Up to date list of such Merchants is published in GoNpay Mobile wallet and the Consumer self-service portal.

5.5. Ordering a new Loyalty card.. The Consumer can order/ create a new virtual Merchant Loyalty card at any moment in the Mobile wallet. Up to date list of the Merchants which allows to order virtual the Loyalty cards is published in the Mobile wallet and in the Consumer self-service portal. While ordering a new virtual Loyalty card the Consumer must accept respective Merchant’s Loyalty program’s terms and conditions. Additionally, the Consumer can give his/her consent for direct marketing.

5.6. Possibility to use the Loyalty and/or the virtual Loyalty card in the Mobile wallet at the same time is determined by respective Merchant’s Loyalty program’s terms and conditions.

5.7. The Consumer who is willing to use Merchant’s Loyalty program must identify himself/herself at the Sales point using one of the provided method.

6. Payment services

6.1. The Consumer must register the Payment card (s) in his/her User account before making a payment for the Merchant’s goods and/or services using GoNpay system.

6.2. GoNpay checks if the Consumer has right to use respective Payment card when he/she registers a new Payment card for the first time. The Consumer therefore ultimately agrees that GoNpay has right to debit or reserve up to 1 EUR amount from the Consumer’s Payment card. Furthermore, as a mandatory part for this action GoNpay directs the Consumer to his/her bank’s internet system where the Consumer inputs required personal identification details. The Payment card in Mobile wallet can be used for payments only after GoNpay receives confirmation from the bank about successful respective operation for debit or for reserving funds or other information about the Consumer’s right to use the Payment card which is being registered. GoNpay has right to ask the Consumer to provide additional information related to the respective Payment card for identification and security purpose.

6.3. The Consumer who is willing to use the Mobile wallet for payment must identify himself/herself at the Sales point using one of the provided method.

6.4. The Merchant is ultimately responsible for inputting correct payment information (payment amount, name of purchased item, etc.) into GoNpay system.

6.5. GoNpay reflects the following payment information in the Consumer’s Mobile wallet:

6.5.1. Name of the Sales point;

6.5.2. Payment amount;

6.5.3. Other additional information.

6.6. For a payment confirmation the Consumer must input his/her personal PIN code which is registered in the User account. Such confirmation is considered as appropriate for a payment authorization and entitles GoNpay to process this payment. GoNpay may not ask to input the personal PIN code for small payment amounts up to 30 EUR.

6.7. A Payment amount for purchases at the Sales point is debited using the Payment card registered in the Consumer’s User account and transferred to GoNpay Payment account. The respective funds are transferred to the Merchant from this account afterwards. GoNpay immediately informs the Merchant about successful or unsuccessful payment using the Consumer’s Mobile wallet. The Consumer can choose which Payment card to use for a payment with the Mobile wallet if there are several Payment cards registered in his/her User account.

6.8. GoNpay collects payment history and reflects it in the User account. Details of a payment depends on the Merchant’s technical capabilities. Due to this reason GoNpay may show different amount of information for each payment in the User account.

6.9. Payments using the Payment cards are being processed according to regulations and terms of conditions defined by VISA and/or MasterCard, the bank’s (payment institution’s) which issued Payment card and other related organizations.

6.10. GoNpay has right to reject or stop processing of a payment order if it looks suspicious, unusual and has right to inform respective authorities as it is required by respective legislation.

7. Communication and consultations

7.1. The Consumer has to approach the Merchant for any information about the Merchant’s Loyalty program.

7.2. The Consumer has to approach GoNpay for any information about the Mobile wallet, the Consumer self-service portal and other GoNpay services. This can be done via channels described in GoNpay website gonpay.com

7.3. GoNpay has right to communicate with the Consumer via all GoNpay channels and products which have respective technical capabilities, also via the email and the phone number as provided in the User account.

7.4. GoNpay provides technical possibility in the Mobile wallet for the Consumer to evaluate his/her buying experience at the Sales point. This Consumer’s feedback is provided to the Merchant anonymously without disclosure of the Consumer’s identity. Evaluation can be provided as a simplified or as advanced option. In case of advanced evaluation the Consumer has possibility to write a free text to the Merchant. The Consumer who provides advanced evaluation to the Merchant agrees to receive respective Merchant’s response to the Consumer’s User account. The Consumer’s identity is not disclosed to the Merchant unless the Consumer discloses it to the Merchant himself/herself.

8. Information for the Consumer

8.1. The Consumer can see history of his/her purchases in the Mobile wallet and the Consumer self-service portal when using GoNpay services.

8.2. GoNpay shows history of payments as detailed as it is possible technically and taking into account what information is provided by the respective Merchant. Due to this reason amount of information might differ when making purchases from different Merchants.

9. Protection of personal data

9.1. The Consumer agrees that GoNpay maintains and administers his/her personal data for the purpose to offer selected services and execute related obligations.

9.2. The Consumer has right to get access to his/her information which is maintained and administered by GoNpay when approaching GoNpay in writing or when using other agreed channel. The Consumer has right to demand GoNpay to delete or suspend maintaining and administering his/her personal in cases when personal data maintenance and administration is being done not according to legislation of respective country.

9.3. The Consumer can approach GoNpay by writing an email to address info@gonpay.com if he/she wants to stop using GoNpay services and would like that his/her personal data would be deleted. In such case the Consumer must send email from the same email address which is used in his/her personal User account. GoNpay commits to delete the Consumer’s personal data within 30 calendar days after receiving such request except cases when according to legislation certain personal data must be stored for the specified period.

9.4. The Consumer has right at any moment and without providing any argumentation to disagree that his/her personal data would be used for direct marketing. The Consumer can give his agreement or disagreement for the personal data usage for direct marketing purposes at any moment in his/her Consumer self-service portal or in the Mobile wallet. For this purpose the Consumer must make respective changes in settings.

9.5. GoNpay takes all necessary, reasonable and reasoned actions to secure protection of Consumer’s personal data and legitimacy.

9.6. GoNpay commits to maintain and administer the personal data strictly and according to legislation of the personal data protection defined by Republic of Lithuania and European Union.

9.7. The Consumer confirms that he/she is aware and accepts that GoNpay can give his/her personal data to third parties if this is required according to respective country’s legislation or if it is necessary to secure the Consumer’s interests including but not limited to provide him/her GoNpay services.

9.8. GoNpay commits to maintain and administer only as much personal data as it is necessary to fulfill its all obligations.

9.9. The following data is collected about Consumer:

9.9.1. Stored in GoNpay User account: Name; Surname; Email address; Phone number (if Consumer inputted himself/herself); Date of birth (if Consumer inputted himself/herself); Sex (if Consumer inputted himself/herself); ddress (if Consumer inputted himself/herself); Other data if Consumer inputted himself/herself.

9.9.2. Provided to Merchant when participating only in its particular Loyalty program: Name; Surname; Number of Loyalty card; Sex; Date of birthmimo data; Particular Merchant may demand to additionally provide other data which is described in its Loyalty program. In each case the Consumer has right not to provide personal data and not to participate in particular Merchant’s Loyalty program. Statistic data about Consumer’s actions: View statistics of the Merchant’s offers and news items (without disclosing Consumer’s identity); Evaluation of buying experience at the Sales point (without disclosing Consumer’s identity); Other relevant data (without disclosing Consumer’s identity);

9.9.3. GoNpay stores the Consumer’s data according to terms reflected in respective legislation of Republic of Lithuania and European Union.

10. Security provisions

10.1. The Consumer is ultimately responsible for his/her login information security while storing login data and making sure that the screen (usage) of a mobile device is protected with password.

10.2. The Consumer additionally creates numeric PIN code (the personal secret identification number) to confirm payments while using Payment services.

10.3. GoNpay never asks the Consumer to disclose his/her login password or PIN code (the personal secret identification number) therefore GoNpay is not responsible for any usage of the Mobile wallet without the Consumer’s knowledge.

10.4. GoNpay does not store any Payment card data in a mobile device.

11. Availability of services

11.1. The Consumer understands and agrees that some technical interference may occur in certain circumstances which may have impact to provide GoNpay services.

11.2. The Consumer must inform the Merchant in case of unsuccessful usage of the Mobile wallet for making a purchase at its Sales point. In this case the Merchant will identify the problem and either will solve it or will inform GoNpay. Furthermore, in order to successfully use the Mobile wallet for benefits of the Loyalty program again the Consumer must wait until the technical interference is cleared. GoNpay is not responsible for any losses which the Consumer may experience while being not able to use benefits of the Loyalty programs.

11.3. The Consumer must approach GoNpay via the Mobile wallet, the Consumer self-service portal or via the contacts stated in internet page gonpay.com in cases when he/she has questions related to usage of GoNpay services.

12. Rights and obligations

12.1. The Consumer commits to act fairly and according to terms and conditions of this Agreement, not to create more than one User account except the case when his/her login information to the User account became available to third parties. In any case the Consumer must block (delete) current the User account before creating a new one.

12.2. The Consumer is responsible for losses occurred due to:

12.2.1. Unauthorized use of the Mobile wallet when the Consumer did not protect his/her User account’s password and/or PIN code and they became known and/or accessible to third parties;

12.2.2. 12.2.2. Usage of his/her lost or stolen mobile device when there was possibility to access the Mobile wallet due to the unsecured User account password and/or PIN code.

12.3. The Consumer is solely responsible for all losses which occurred due to the Consumer’s negligence, dishonest or deliberate actions.

12.4. The Consumer must immediately inform GoNpay and/or block the User account if his/her mobile device is stolen or lost and/or there is ground suspicion that third parties knows login information to the User account or any other Consumer’s information which may be used unauthorized.

12.5. GoNpay has right to terminate usage of the User account and / or the Loyalty card and / or the Payment card in the Mobile wallet if:

12.5.1. The Consumer violates terms and conditions of this Agreement and / or the Loyalty program provided by GoNpay or the Merchant;

12.5.2. There is ground to think that the Consumer and/or third parties are using the Loyalty cards and / or the Payment cards unauthorized;

12.5.3. The Consumer use GoNpay services for malpractice, deals or fraud actions;

12.5.4. Laws of Republic of Lithuania are being violated.

12.6. GoNpay has right to use contractors (third parties) for providing services to Consumer.

13. Disputes and requests

13.1. The Consumer has to address his/her requests, proposals or complaints respectively to GoNpay or to the Merchant depending on their nature and scope of responsibilities.

13.2. The Consumer can approach GoNpay and the Merchant via defined channels and methods.

13.3. GoNpay investigates the Consumer’s request and provides answer within reasonable term as soon as possible.

13.4. The Consumer must repeatedly approach GoNpay in case he/she disagrees with results of GoNpay’s reply to the Consumer’s issue. In such case the Consumer must provide argumentation for his/her disagreement.

14. Agreement validity and amendments

14.1. The Consumer Agreement enters into effect from the moment when the Consumer creates and activates the personal User account and is valid until this the User account is deleted.

14.2. The Consent for direct marketing is valid for two years from the last operation performed by the Consumer.

14.3. Appendixes of the Agreement is an integral part of this Agreement.

14.4. The Consumer must inform GoNpay via channels and methods described in this Agreement in case he/she would like to stop using GoNpay services and to terminate the Consumer Agreement.

14.5. GoNpay has right to unilaterally amend/ change this Consumer Agreement while publicly announcing a new version in internet page gonpay.com in the Consumer self-service portal or in the Mobile wallet. The Consumer can download or print the current version of the Consumer Agreement from internet page gonpay.com or from the Consumer self-service portal.

14.6. This Agreement is made, interpreted and its terms and conditions are executed according to legislation of Republic of Lithuania except cases when Agreement parties agrees differently. Legislation of Republic of Lithuania always applies to terms and conditions which are not regulated by this Agreement.

14.7. Any disputes between parties of this Agreement are being solved by negotiations or according to legislation of Republic of Lithuania if negotiations fails.

14.8. Any unsolved disputes arising or related from/to this Agreement are being solved at a competent court in Vilnius.