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Last revised: May/01/2022

1.     Introductory provisions

1.1.          These Terms of Use (hereinafter “Terms”), as well as any terms and policies included in these Terms by reference, represent a binding Agreement (hereinafter “Agreement”) between you and Mobiblis LTD (“Company”, “We”, “Us”, “Our”), a limited company incorporated under the laws of Republic of Cyprus with registration number ΗΕ 422780, with registered address: Agias Zonis & Thessalonikis, Nicolaou Pentadromos center, block B, office 503A, 3026, Limassol, Cyprus, regarding your access to and use of the services (hereinafter “Services”) offered on the website (including all tools and plugin(s) available therein) https://mobipay24.com (hereinafter “Website”) or accessible through the use of relevant mobile applications, available at https://play.google.com/store/apps/details?id=com.mobipay24.app and https://apps.apple.com/in/app/mobipay24/id1594433344 (hereinafter “App(s)”).


1.2.          Please read these Terms carefully before accessing and/or using the Services. By using the Services, you confirm that you accept these Terms (including Our Privacy Policy) and agree to comply with them. If you do not agree to these Terms, you must immediately stop using the Services.


1.3.          We reserve the right to revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes to it. Your continued use of the Services after any such changes constitutes your acceptance of new version of these Terms.

2.     Your Account

2.1.          To start using Our Services, you or a person submitting the application (hereinafter “Representative”) on your behalf, must open an account with the Services in accordance with these Terms (hereinafter “Account”) and provide Us with relevant information as prompted.


2.2.          Such information may include (but is not limited to) the following: (trade) name, address, email, phone number, business identification number, URL, the nature of your business or activities, location of your office(s), their registered addresses and contacts, all "doing business as" (DBA) names used by you, identity of your key personnel, ownership structure, description of the services and goods that you provide with use of your Account, and any business strategy to enlarge/reduce the list of services/goods associated with your Account. We may also collect, amongst others, personal information (including Personal Data) which may include (but is not limited to) the following: your, your beneficial owner’s, and employees’ name, birthdate, government-issued identification number. All requested documents and information shall be prepared and provided at your expense.


2.3.          We may, at Our sole discretion, refuse to allow you to open or maintain an Account, suspend or terminate your Account, suspend provision of all or part of Services to you and/or suspend or cancel any Transactions which you are party to.


2.4.          When opening an Account, you confirm that:


a)     if you are an individual, you have reached the age of majority in your jurisdiction and have full legal capacity to enter into this Agreement;

b)     you have obtained and undertake to maintain throughout the term of this Agreement all necessary licenses, authorizations, approvals and consents to enter into and perform your obligations under this Agreement in compliance with all applicable laws, rules and regulations;

c)     if you are a Representative, you confirm that you have authority to bind the entity on whose behalf open the Account, and that such entity accepts these Terms;

d)     provisions of these Terms will not violate any other agreements to which you are a party;

e)     the Company has never suspended or cancelled your account with the Services;

f)      you will not use the Services on behalf of another user;

g)     you will cooperate with the Company in order to investigate any suspected illegal, fraudulent or improper activities;

h)     you are not a resident of a high-risk or sanctioned jurisdiction according to the EU legislation and/or FATF list or recommendation;

i)      you are not a person who is listed as a politically exposed person under applicable anti-money laundering legislation;

j)      you are not sanctioned by the EU, UN or USA’s respective authorities;

k)     you are not accessing or using the Services from a Restricted location. At this time “Restricted location” means one of the following: Afghanistan, Bosnia and Herzegovina, Cuba, Iran, Iraq, North Korea, Somalia, Sudan, South Sudan, Syria, Crimea Region of Ukraine, Yemen, Zimbabwe;

l)      you are not engaged in a Restricted business. At this time “Restricted business” means any business that involves or is related to: illegal goods and services (illegal drugs, weapons, hazardous materials, spyware and DDoS attack tools etc.); violation of proprietary or intellectual property rights and/or privacy (piracy, illegal import/export etc.); prohibited multi-level marketing (fraudulent/deceptive marketing practices, pyramid schemes, ponzi schemes, email spam); promotion, facilitation or instruction of others on illegal activities; content, goods or services that promote hatred, violence, racism, religious persecution, or contain pornographic and/or obscene materials;

m)   your use of the Services (including opening of an Account) does not violate any applicable law.

You take full responsibility for any consequences of your breach of this Clause 2.4.

2.5.          At any time during the term of this Agreement and your use of the Services, We may request you to provide additional information and documents in order to verify beneficial ownership or control of your business, validate information that you have previously provided, verify your or your Representative’s identity and assess Company’s risks associated with your business. This additional information and documents may include (but are not limited to) the following: business invoices, copies of government-issued identification, business licenses, or other information related to your business, its beneficial owners or principals.


2.6.          Your failure to provide additional information  in accordance with the Clause 2.5 may result in suspension or termination of your Account, suspension and/or cancellation of any Transactions which you are party to.


2.7.          You hereby authorize Us to retrieve (and consequently update) information about you from Our service providers, including credit and information bureaus. Such information may include (but is not limited to) the following: your name, addresses, credit history, and other data about you or your Representative. We may use such information to verify any information that you have previously provided to Us. You hereby acknowledge that such information may affect assessment of Company’s risks associated with your business and may lead to suspension or termination of your Account.


2.8.          You hereby warrant and represent that all information (including information regarding any changes affecting you, the nature of your business activities, your Representatives, beneficial owners, principals, or any other pertinent information) that you provide to Us will be complete, accurate and truthful at all times. You hereby undertake to update your information whenever it changes. We reserve the rights to terminate your account in the event that you fail to comply with this Clause 2.8.


2.9.          You shall promptly notify Us in writing no more than three days after any of the following occur:


a.     you become subject of any voluntary or involuntary insolvency petition or proceeding, receivership, bankruptcy, or similar action;

b.     there is an adverse change in your financial condition; there is planned or anticipated liquidation or substantial change in the basic nature of your business;

c.     there is a change in your business model (including any change of control and/or constitution), goods and/or services that you sell, lease or distribute or of any changes in regulatory requirements to which you are subject (including but not limited to changes to or the revocation of the licenses you require for the business), which might have an adverse impact/effect on Company’s compliance with applicable laws and any regulatory requirements;

d.     you transfer or sell 25% or more of your total assets, or there is any change in the control or ownership of your business or parent entity;

e.     you receive a judgment, writ or warrant of attachment or execution, or levy against 25% or more of your total assets; or

f.      you become subject of any significant litigation, enforcement action, governmental inquiry, claim, or other fact that relates to the performance of this Agreement.

You hereby undertake to indemnify the Company against all losses arising out of your failure to notify Us of any circumstances specified in this Clause 2.9.

2.10.       Account safety. You agree:


a)     not to allow anyone else to have or use your Account’s credentials and to comply with all reasonable instructions We may issue regarding account access and security. In the event You share your password details, We will not be liable to you for losses or damages;

b)     to contact Us at [email protected] in the event that anyone asks for your Account credentials or if your Account becomes compromised;

c)     keep your personal details up to date. We may be unable to respond to you if you contact Us from an address, telephone number or email account that is not registered with Us; and

d)     take all reasonable steps to protect the security of the personal electronic device through which you access the Services.


2.11.       Throughout the term of this Agreement, We may share information about your Account with Financial Services Providers in order to verify your eligibility to use the Services, establish any necessary accounts or credit with Financial Services Providers, monitor Charges and other activity, and conduct risk management and compliance reviews. We will review and may conduct further intermittent reviews of your Account information to determine that you are eligible to use the Services. Our use of the information you provide to Us under this Agreement is described in more detail in Our Privacy Policy.

3.     Use of the Services

3.1.          You may not, and may not allow others to:


a)     access or attempt to access non-public systems, programs, data, or services of the Company;

b)     copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, documentation, or any part of the Services;

c)     act as a pass-through agent for the Services with no added value to your customers;

d)     transfer any rights granted to you under these Terms;

e)     work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited;

f)      reverse engineer or attempt to reverse engineer the Services;

g)     perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by other users; or

h)     impose an unreasonable or disproportionately large load on the Service;

i)      use the Services for any fraudulent or unlawful purpose.


3.2.          You may only use the Services for legitimate Transactions with your customers. You hereby confirm that you are solely responsible for the nature and quality of the products or services that you provide, and for delivery, support, refunds, returns, and for any other ancillary services that you provide to your customers.


3.3.          If We suspect or know that you are using or have used the Services for unauthorised, fraudulent, or illegal purposes, We may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with Our legal obligations.


3.4.          You are responsible for checking whether Transaction(s) initiated by your customers are erroneous or suspicious. You are solely responsible for any losses you incur due to erroneous, suspicious  or fraudulent Transactions in connection with your use of the Services.


3.5.          You hereby warrant and represent that your business, goods and services, as well as Transactions with your customers will at all times comply with applicable local, state, national and international laws, rules and regulations, including any data protection laws.


3.6.          Violation of any provisions of this Section 3 may result in immediate suspension or termination of your Account, suspension of provision of all or part of Services to you and/or suspension or cancellation of any Transactions which you are party to. We reserve the right (but are under no obligation) to review you use of the Service in order to determine whether a violation of these Terms has occurred or to comply with any applicable law, regulation, legal process, or governmental request.


3.7.          The following practices (or any of them) in relation to the Services:

a)     taking unfair advantage (as defined below); and/or

b)     undertaking fraudulent practice or criminal activity (as defined below),

constitute “Prohibited Practices” and are not permitted and will constitute a material breach of the Terms of Use. We will take all reasonable steps to prevent and detect such practices and to identify the relevant players concerned if they do occur. Subject to the above, however, we will not be liable for any loss or damage which You may incur as a result of any Prohibited Practices, and any action we take in respect of the same will be at our sole discretion.

3.7.1.    You agree that You shall not participate in or be connected with any form of Prohibited Practice in connection with Your access to or use of the Services.

3.7.2.    If:  We have reasonable grounds to believe that You have participated in or have been connected with any form of Prohibited Practice (and the basis of our belief shall include the use by us (and by our partners and our other suppliers) of any fraud, cheating and collusion detection practices which are used in the industry at the relevant time); or  in Our reasonable opinion your continued use of the Services may be detrimental to Our regulated status, including our continued ability to be licensed by the Licensing Authority; or  You become bankrupt or suffer analogous proceedings anywhere in the world, then, (including in connection with any suspension and/or termination of Your Account) we shall have the right, in respect of Your Account (and/or any other account held by You with an operator group company) to withhold the whole or part of the balance and/or recover from the account the amount of any funds which have been affected by or are in any way attributable to any of the event(s) contemplated in this paragraph. The rights set out in this paragraph are without prejudice to any other rights (including any common law rights) that we may have against You, whether under the Terms of Use or otherwise.

3.7.3.    For the purposes of this paragraph:  “fraudulent practice” means any fraudulent activity engaged in by You or by any person acting on Your behalf or in collusion with You, and shall include, without limitation: (a) fraudulent charge-backs; (b) the use by You or any other person on your behalf, of a stolen, cloned or otherwise unauthorised credit or debit card, as a source of funds; (c) any attempt to register false or misleading account information; and (d) any actual or attempted act by You which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm;  “criminal activity” shall include, without limitation, money laundering and any offence under any law or regulation in Your country, where you are playing from or where your IP has been registered; and  “unfair advantage” shall include, without limitation: the exploitation of a fault, loophole or error in our or any third party’s software used by You in connection with the Services; any technical vulnerabilities used by You for the purpose of enrichment or deceit; the use of third party software or analysis systems; or the exploitation by You, of an Error as defined below, in any case either to Your advantage and/or to the disadvantage of us or others.

3.7.4.    In exercising any of our rights under paragraph in relation to a Prohibited Practice, we shall use all reasonable endeavours to ensure that, while complying with our regulatory and other legal obligations, we exercise such rights in a manner which is fair to You and to our other customers.

3.7.5.    We reserve the right to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of Your identity and of any suspected Prohibited Practice by You, and You shall cooperate fully with us to investigate any such activity.

3.7.6.    In addition to provisions of this paragraph, We reserve the right to restrict access to Your Account and/or permanently restrict Your further access to the Services in the event that We become aware, or have reasonable grounds to believe that: You have used a fault, loophole or Error (as defined below) in Our or third-party software used by You in connection with the Services for the purpose of enrichment or deceit. You have provided us with fake KYC documents, including, without limitation, any documents containing the sign of editing (e.g. use of photoshop).

3.7.7.  We reserve the right not to disclose Our methods of identification of users who breach these Terms of Use.

4.     Services

4.1.          Overview of the Services


4.1.1.      The Company provides you Services directly or through various Financial Services Providers. The Services allow you to accept payment(s) from your —Āustomers. We may limit or refuse to process Charges for any Restricted businesses, or for Charges submitted in violation of this Agreement. To use the Services, you must also accept separate agreements with the Financial Services Providers as described in Clause 4.4.


4.1.2.      The following terms relate to your use of the Services:

"Charge" means a credit or debit instruction to capture funds from an account that your customer maintains with a bank or other financial institution in connection with a Transaction.

"Dispute" means an instruction initiated by your customer with a Financial Services Provider or Us to return funds for an existing Charge (including a chargeback on a payment card network; or dispute on a debit network).

"Fine" means any fines, levies, or other charges imposed by Us or a Financial Services Provider caused by your violation of Laws or this Agreement, or as permitted by Network Rules.

"Financial Services Provider" means a bank, money services business, payment network, financial institution or other financial intermediary of the Company.

"Network Rules" means the guidelines, bylaws, rules, and regulations imposed by the Financial Services Providers that operate payment methods and networks supported by the Company (including the payment card network operating rules for Visa, or the MasterCard networks; and the BACS, CHAPS, and SEPA operating rules).

"Refund" means an instruction initiated by you to return funds to your customer for an existing Charge.

"Return" means an instruction initiated by you, your customer, or a Financial Services Provider to return funds unrelated to an existing Charge.

"Reversal" means an instruction initiated by a Financial Services Provider or Us to return funds for an existing Charge. Reversals may be initiated due to:

a)     invalidation of a charge by a Financial Services Provider;

b)     funds settled to you in error or without authorisation; and

c)     submission of a Charge in violation of Network Rules, or where submission of the Charge or your use of Payment Services violates this Agreement.

"Transaction" means a purchase, sale, donation, order, or other transaction.

"Transfer" means an instruction to credit funds to or debit funds from an account you designate with a Financial Services Provider.

4.1.3.      Please note, that We do not accept deposits, provide loans or extend credit. If you accept payment for products or services not immediately deliverable to your customer(s) (hereinafter "Preorder"), We may, in Our sole discretion, initiate Reversals for all or a portion of the Charges processed by Us for a Preorder. If you would like to receive payment for a Preorder, please contact Us before doing so.


4.1.4.      Please note that any user can request a withdrawal of the funds only to those bank details, from which the deposit was initially performed. In case multiple bank details are specified, a withdrawal is provided proportionally.


4.1.5.      We may, at Our sole discretion, suspend or terminate your Account, suspend provision of all or part of Services to you and/or suspend or cancel any Transactions which you are party to if We will consider any of Your transactions to be suspicious and We have reason to believe that such transactions are not legitimate.


4.2.          Processing Transactions, Disputes, Refunds, Reversals


4.2.1.      You may only submit Charges through the Services that are authorised by your customer(s). To enable Us to process Transactions for you, you authorize and direct Financial Services Providers to receive and pay any funds owed to you through the Services, and you appoint the Company as your agent for the purpose of facilitating your receipt of the Services. We will promptly update your Account balance to reflect any Transaction proceeds that We receive on your behalf.


4.2.2.      Except where the Company and your customer have otherwise agreed, you maintain the direct relationship with your customers and are responsible for:


a)     acquiring appropriate consent to submit Charges through the Services on behalf of your customers;

b)     providing confirmation or receipts to your customers for each Charge;

c)     verifying your customers’ identities; and

d)     determining your customer’s eligibility and authority to complete Transactions.

Notwithstanding the above, please note, that even authorised Transactions may be subject to a Dispute. The Company shall not be responsible for or liable to you for authorised and completed Charges that later become subject of a Dispute, Refund, or Reversal, or that are submitted without authorisation, in error, or in violation of applicable laws.

4.2.3.      You are immediately responsible to Us for all Disputes, Refunds, Reversals, Returns, or Fines regardless of the reason or timing. We may decline to act upon a Refund instruction, or delay execution of the instruction, if:


a)     it would cause your Account balance to become negative;

b)     you are the subject of bankruptcy (or similar) proceedings; or

c)     where We otherwise believe that there is a risk that you will not meet your liabilities under this Agreement (including with respect to the Charge that is the subject of the Refund instruction).


4.2.4.      In many but not all cases, you may have the ability to challenge a Dispute by submitting evidence. We may request additional information to provide to Financial Services Providers to assist you in contesting the Dispute, but We cannot guarantee that your challenge will be successful. Financial Services Providers may deny your challenge for any reason they deem appropriate. Where a challenge is entirely or partially successful, a Financial Services Provider may credit funds associated with the Charge that is the subject of the Dispute (or a portion thereof) to your Account. You may not submit a new Charge which duplicates a Transaction that is subject to a Dispute.


4.2.5.      Please keep in mind that you are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. The Company does not and will not insure you against losses caused by fraud under any circumstances.


4.2.6.      We or a Financial Services Provider may issue a Reversal for any Charge where a Charge is made without account owner’s authorisation, in connection with a Restricted business, or violates the Network Rules or provisions of these Terms. If We or a Financial Services Provider issue a Reversal, We will provide you a notice and a description of the cause of the Reversal.


4.3.          Responsibilities and Disclosures to Your Customers


4.3.1.      It is essential that your customers understand the purpose, amount, and conditions of Charges you submit to Us. With that in mind, when using the Services, you agree:


a)     to accurately communicate, and not misrepresent, the nature of the Transaction, and the amount of the Charge in the appropriate currency prior to submitting it to the Services;

b)     to provide a receipt that accurately describes each Transaction to your customers;

c)     to provide your customers a meaningful way to contact you in the event that the product or service is not provided as described;

d)     not to use Services to sell products or services in a manner that is unfair or deceptive, exposes your customers to unreasonable risks, or does not disclose material terms of a purchase in advance; and

e)     inform your Customers that the Company processes Transactions for you.

You also agree to maintain a fair return, refund, cancellation, or adjustment policy, and clearly explain the process by which Customers can receive a refund.

4.3.2.      You may use Services to receive recurring or subscription payments from your customers. If you use the Services to submit recurring or subscription Charges, you agree to comply with relevant applicable laws, including clearly informing your customers in advance of submitting the initial Charge that they will be charged on an ongoing basis and explaining the method for unsubscribing or cancelling their recurring billing or subscription.


4.3.3.      If you engage in Transactions with customers who are individuals (i.e., consumers), you specifically agree to provide disclosures required by applicable law, and to not engage in unfair or deceptive acts or practices.


4.4.          Financial Services Providers and Payment Method Providers


4.4.1.      Your use of the Services is subject to additional terms that apply between you and one or more of Company’s Financial Services Providers ("Financial Services Terms"). In addition, separate terms and conditions may apply to specific payment methods or networks ("Payment Terms"). By using the Services, you agree to the Financial Services Terms and applicable Payment Terms as set out on the Website (including those that separately bind you with Financial Services Providers or payment method providers).


4.4.2.      We may add or remove Financial Services Providers or payment methods at any time. Financial Services Terms and Payment Terms may also be amended from time to time. Your continuing use of the Services constitutes your consent and agreement to such additions, removals and amendments.


4.4.3.      You authorize Us to instruct Financial Services Providers to hold, receive, and disburse funds on your behalf; and to instruct such Financial Services Providers as to how and when funds are transferred to you. You also authorize Us to designate which Financial Services Providers may hold settlement funds, on deposit and in trust, pending transfer of funds to you in accordance with these Terms. A clearing account through which funds are settled will be maintained by a Financial Services Provider, and transfers to you from this account will be a full and final payment by the Financial Services Provider to you.


4.5.          Specific Payment Methods


4.5.1.      When accepting payment card payments, you must comply with all Network Rules.


4.5.2.      The payment card networks may amend the Network Rules at any time without notice to you, and the Company reserves the right to change the Services in relation to payment card processing at any time to comply with the Network Rules. We may share the information you provide to Us that We use to identify the nature of the products or services with Financial Services Providers, including assigning your business activities to a particular payment network merchant category code (MCC).


4.5.3.      Customers typically raise payment card network Disputes (i.e., chargebacks) when a merchant fails to provide the product or service to the customer, or where the payment card account holder did not authorise the Charge. High chargeback rates (typically those exceeding 1%) may result in your inability to use the Services. Failure to timely and effectively manage Disputes with your customers may ultimately result in your inability to accept payment cards for your business.


4.5.4.      When you accept payment card Transactions, Network Rules specifically prohibit you from:


a)     providing cash refunds for a Charge on a credit card, unless required by applicable laws,

b)     accepting cash, its equivalent, or any other item of value for a refund,

c)     acting as a payment intermediary or aggregator, or otherwise reselling the Services on behalf of others,

d)     submitting what you believe or know to be a fraudulent Charge, or

e)     using the Services in a manner that is an abuse of Financial Services Providers’ networks or a violation of Network Rules.


4.5.5.      If you misuse the Services for payment card transactions or engage in activity that a payment card networks identifies as damaging to their brand, or if We are required to do so by Network Rules, We may submit information about you, your Representatives, principals, beneficial owners and other individuals associated with your Account to the MATCH listing maintained by MasterCard and accessed and updated by Visa and American Express, or to the Consortium Merchant Negative File maintained by Discover. Addition to one of these lists may result in your inability to accept payments from payment cards. You hereby understand and consent to Our sharing of this information and to the listing itself, and you will fully reimburse Us for any losses We incur from third-party claims, and you waive your rights to bring any direct claims against Us that result from such reporting.


4.6.          Transfers and Payout Schedule


4.6.1.      Transfers may be initiated by you to or from your Account to or from your designated account with a Financial Services Provider (the "Payout Account"). A Positive balance in your Account will result in a Transfer to your Payout Account and negative balance in your Account will result in a Transfer from your Payout Account. All Transfers to your Payout Account will exclude Fees, Fines, and amounts owed to Us for any reason. You hereby warrant and represent that you are authorised to initiate Transfers to and from the Payout Account.


4.6.2.      We may offer you the ability to have funds settled to your Payout Account in a currency different from the one in which you accepted payment from your customer ("Multi-Currency Processing"). To use this service, you must provide Us with a valid Payout Account for each currency for which you request settlement, based on Our list of available settlement currencies. We may add or remove currencies from Our list of available settlement currencies at any time. If you use Multi-Currency Processing, We will identify at the time of relevant charge, the conversion rate that will apply to such charge. If you refund a charge, the conversion rate that will apply will be the rate in effect at the time of the refund, not the charge. By submitting a charge or refund for processing you will be deemed to have accepted the rate. You may choose not to use the Multi-Currency Processing service at any time. You may also change the Payout Account information or other settings associated with your use of Multi-Currency Processing, but any such changes will only affect subsequent charges.


4.6.3.      The term "Payout Schedule" refers to the time it takes for Us to initiate a Transfer to your Payout Account. Payout Schedule is specified on the Website. Please note that the Company may require a holding period before making an initial Transfer to your Payout Account. After the initial Transfer, We will credit funds to the Payout Account according to the Payout Schedule; however, please be aware that Financial Services Providers, including the institution holding your Payout Account, may delay Transfers for any reason. We are not responsible for any action taken by the institution holding your Payout Account to not credit the Payout Account or to otherwise not make funds available to you as you expected.


4.6.4.      We reserve the right to change the Payout Schedule or to suspend Transfers to you, including (but not limited to) in the following cases:


a)     where there are pending, anticipated, or excessive Disputes, Refunds, or Reversals;

b)     in the event that We suspect or become aware of suspicious activity; or

c)     where We are required to do so in accordance with applicable law or court order.

We have the right to withhold Transfers to your Payout Account upon termination of this Agreement if We reasonably determine that We may incur losses resulting from credit, fraud, or other legal risks associated with your Account. If We exercise Our right to withhold a Payout for any reason, We will communicate the general reason for withholding the Payout and give you a timeline for releasing the funds.

4.6.5.      The information required for a Transfer will depend on the Financial Services Provider holding the Payout Account. Please make sure that any information about the Payout Accounts that you provide to Us is correct and accurate. If you provide Us with incorrect information:


a)     you understand that Transfers may be sent to the wrong account, and We may not be able to recover the funds from such incorrect Transfers; and

b)     you agree that you are solely responsible for any losses you or third parties incur, you will not make any claims against Us related to such erroneous Transfers, and you will fully reimburse Us for any losses We incur.


4.7.          Security Interests, Collection, and Set-Off Rights


4.7.1.      You hereby grant Us a lien and security interest in all funds processed and deposited into all your Payout Accounts or any other bank account associated with your Account, and in any funds processed using the Services. This means that if you have not paid funds that you owe to Us or your customers, We have a right superior to the rights of any of your other creditors to seize or withhold funds owed to you for Transactions that We process through the Services, and to debit or withdraw funds from any bank account associated with your Account. Upon Our request, you will execute and deliver any documents and pay any associated fees that We consider necessary to create, perfect, and maintain a security interest in such funds.


4.7.2.      You agree to pay all amounts owed to Us on demand. Where possible, We will first attempt to collect or set-off balances in your Accounts from your use of the Services. However, We may collect any obligations you owe Us under this Agreement from any Payout Account associated with your Account or any commonly-owned Account by deducting or setting-off the corresponding amounts from the funds owed to you through your use of the Services, or through a direct debit from any Payout Account identified in your Account or a commonly-owned Account.


4.7.3.      Your failure to pay amounts owed to Us under this Agreement will constitute a breach of this Agreement and you will be liable for any costs We incur during collection in addition to the amount you owe. Collection costs may include, attorneys’ fees and expenses, costs of any arbitration or court proceeding, collection agency fees, any applicable interest, and any other related cost.


4.8.          Reconciliation and Error Notification


4.8.1.      Your Account contains details of Charges, Charge history, and other activity on your Account. Except as required by applicable law, you are solely responsible for reconciling the information generated by your use of Services available in your Account with your records of customer Transactions, and for identifying any Transaction errors.


4.8.2.      You agree to review your Account and immediately notify Us of any errors. We will investigate and, where appropriate, attempt to rectify any reported errors, including any errors made by the Company or Our Financial Services Providers. However, you should be aware that your ability to recover funds you have lost due to a Transaction error may be very limited or even impossible, particularly if We did not cause the error, or if funds are no longer available in any Payout Account. We will work with you and Our Financial Services Providers to correct a Transaction error in accordance with Network Rules; however, if you fail to communicate a Transaction error to Us for Our review without undue delay after you discovered it, you waive your right to make any claim against Us or Our Financial Services Providers for any amounts associated with the Transaction error.


4.9.          Fees and Fines


4.9.1.      The Company will provide the Services to you at the rates and for the fees (“Fees”) described on the Website. The Fees include charges for Transactions (such as processing a payment) and for other events connected with your Account (including, but not limited to, a charge for handling a Dispute). We may revise the Fees at any time upon 30 days’ prior notice to you (or a longer period if required under applicable law).


4.9.2.      We may charge additional Fees for cross-border transactions or foreign exchange services. In addition to the Fees, you are also responsible for any penalties or fines imposed on you or the Company by any Financial Services Provider resulting from your use of the Services in a manner not permitted under these Terms or Network Rules.


4.9.3.      You hereby request a complete blending of Fees for payment card processing for all merchant services charges (MSC) for all payment card brands and categories irrespective of the underlying differences in interchange fees. If you have a question about Fees please contact Us at [email protected].


4.10.       Taxes and Other Expenses


4.10.1.   Our Fees are exclusive of any applicable sales or value-added tax, except as expressly stated to the contrary. You have sole responsibility and liability for:


a)     determining what, if any, taxes or fees apply to the sale of your products and services, acceptance of donations, or payments you receive in connection with your use of the Services ("Taxes"); and

b)     assessing, collecting, reporting, and remitting Taxes for your business to the appropriate tax and revenue authorities.


4.10.2.   If We are required to withhold any Taxes, including where We are unable to validate any tax-related identification information you provide Us, We may deduct such Taxes from amounts otherwise owed to you and pay them to the appropriate taxing authority. If you are exempt from payment of such Taxes, you must provide Us with an original certificate that satisfies applicable legal requirements attesting to your tax-exempt status. Upon Our reasonable request, you must provide Us with accurate information regarding your tax affairs.


4.10.3.   We may send documents to you and tax authorities for Transactions processed using the Services. You agree that We may send you any tax-related information electronically.


4.11.       Dormant Accounts


4.11.1.   If you leave any funds dormant on your Account and you do not give Us instructions where to send them, in accordance with applicable law We may be required to deem the funds to be abandoned by you and to deliver them to various government agencies. To the extent required by applicable law, We will attempt to provide you a notice if We hold funds payable to you in an account beyond the applicable dormancy period for abandoned property. If We are unable to contact you, We will treat the funds in your Account to be abandoned and will deliver them to the appropriate government authority.


4.12.       Deposit limits


4.12.1.   The following deposit limits are set:

·       The limit for the first deposit is set at 100 euros;

·       The daily deposit limit is set at 200 euros;

·       The weekly deposit limit is set at 400 euros.

The deposit limits may be increased by contacting the support team with a corresponding request. The increase of the deposit limits may be performed at the sole discretion of the Company provided that the Client complies with all procedures and checks established by the Company. The amount of the increase of the deposit limits is determined at the sole discretion of the Company.

5.     Security compliance and privacy

5.1.          PCI Compliance


5.1.1.      If You use the Services to accept payment card Transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) and, if applicable to your business, the Payment Application Data Security Standards (PA-DSS) (collectively, the “PCI Standards”).


5.1.2.      You hereby undertake to promptly provide Us with documentation demonstrating your compliance with the PCI Standards upon Our request. If you elect to store, hold and maintain “Account Data”, as defined by the PCI Standards (including customer card account number or expiration date), you further agree that you will either maintain a PCI-compliant system or use a compliant service provider to store or transmit such Account Data; further, you agree to never store any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2), data at any time.


5.2.          Privacy


5.2.1.      Protection of Personal Data is very important to Us. Our Privacy Policy explains how and for what purposes We collect, use, retain, disclose, and safeguard the Personal Data that you provide to Us. You agree to review the terms of Our Privacy Policy, which We reserve the right to update from time to time.


5.2.2.      You hereby warrant and represent that you are and will continue to be compliant with all applicable data protection laws in relation to Personal Data that you provide to Us or access through your use of the Services. You also affirm that you have obtained all necessary rights and consents under applicable privacy laws to disclose to the Company and/or allow the Company to collect, use, retain, and disclose any Personal Data that you provide to Us or authorize Us to collect, including Personal Data that We may collect directly from your customers using cookies or other similar means.


5.2.3.      You hereby acknowledge and accept that you are solely responsible for disclosing to your customers that the Company processes Transactions (including payment Transactions) for you and may receive Personal Data from you. Additionally, where required by applicable or Network Rules, We may delete or disconnect your customer’s Personal Data from your Account when requested to do so by respective customer.


5.2.4.      If We become aware of an unauthorized acquisition, disclosure or loss of your customer’s Personal Data in Our systems, We will notify you about above in a manner consistent with Our obligations under applicable privacy laws. We will also notify you and provide you sufficient information regarding such unauthorized acquisition, disclosure or loss to help you mitigate any negative impact on your customer.


5.3.          Security and Fraud Controls


5.3.1.      The Company is responsible for protecting the security of data (including Personal Data) in Our possession. We will maintain commercially reasonable administrative, technical, and physical procedures to protect the data stored in Our servers from unauthorised access, accidental loss, modification, or breach, and We will comply with applicable laws and Network Rules when We handle data (including Personal Data).


5.3.2.      However, no security system is impenetrable, and We cannot guarantee that unauthorised parties will never be able to defeat Our security measures or misuse any data in Our possession. You provide data to the Company with the understanding that any security measures that We implement may not be appropriate or adequate for your business, and you agree to implement the security controls and any additional controls that meet your specific requirements.


5.3.3.      In Our sole discretion, We may take any action, including suspension of your Account, to maintain the integrity and security of the Services and/or data, or to prevent harm to you, the Company, your customers, or third parties. You waive any right to make a claim against Us for losses you incur that may result from such actions.


5.3.4.      You are solely responsible for the security of any data on your website, your servers, in your possession, or that you are otherwise authorised to access or handle. You will comply with applicable privacy laws and Network Rules when handling or maintaining data (including Personal Data) and will provide evidence of your compliance to Us upon Our request. If you do not provide evidence of such compliance to Our satisfaction, We may suspend transactions on your Account or terminate this Agreement.


5.4.   Know Your Client Policy


5.4.1.      We may need to verify that you are who you say you are, (a process called Know Your Customer ‘KYC’). It’s something that the law requires us to do.


5.4.2.      We may need for you to provide certain information for security reasons:

• Your name and contact details, including a valid email address which needs to be unique to your account;

• Your date of birth;

• A unique username (your username may contain only letters, numbers, underscore and hyphen symbols) and a password which means only you can access your account;

• Your betting currency and a deposit limit;

• Other relevant information about You or Your business.


5.4.3.      In Our sole discretion, We may take any action, including suspension of your Account, to maintain the integrity and security of the Services and/or data, or to prevent harm to you, the Company, your customers, or third parties until you provide all the necessary information required by the KYC procedure. You waive any right to make a claim against Us for losses you incur that may result from such actions.

6.     Intellectual property rights

6.1.          As long as you comply with these Terms, the Company grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services for your personal use, including incorporation into any of your social media, online applications, mobile application, website, or other medium that is approved by the Company, solely for the purpose described in these Terms.


6.2.          As long as you comply with these Terms, the Company also grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to use Company’s Materials, for your personal use. For the purpose of these Terms “Company’s Materials” include any software (including, without limitation, developer tools, source code and libraries), data, images, materials, content, printed and electronic documentation (including any specifications and integration guides) and/or other subject-matter, protected under applicable copyright, trade secret, patent, and other intellectual property law, developed and provided by the Company, or available on the Services.


6.3.          The licenses granted to you under Clauses 6.1 and 6.2, are granted provided that you may not:


a)     transfer, sublicense, loan, sell, assign, lease, rent, distribute, create derivative works from, register ownership of or grant rights in the Services or Company’s Materials to any person or entity;

b)     remove, obscure, or alter any notice of any of Our trademarks, or other intellectual property appearing on the Services or in any Company’s Materials;

c)     modify, copy, tamper with or otherwise create derivative works from the Company Materials; or

d)     reverse engineer, disassemble, or decompile the Company’s Materials or the Services or apply any other process or procedure to derive the source code of any software included in Company Materials or the Services;

e)     use Company’s Materials in a manner that violates Company’s Materials and/or applicable law.


The Company may limit, expand, or terminate the licenses granted to you under Clauses 6.1 and 6.2 with prior written notice at any time.


6.4.          “MobiPay24”, trademarks, service marks and logos of Mobiblis LTD used on the Services (hereinafter “Trademarks”) are the property of the Company. Trademarks may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated, without Company’s prior approval. Notwithstanding the above, you may use Trademarks solely for the purpose  of public identification of the Company as a provider of the Services under these Terms.


6.5.          You hereby grant to the Company a non-exclusive, non-transferable, revocable, and royalty-free worldwide license to use names, logos, and unregistered or registered trademarks that relate to you or mediums specified in the Clause 6.1. for the purposes of promoting the availability of the Services for above mediums.


6.6.          Upon termination of your Account, both you and the Company shall remove any public references to Our relationship from respective social media, online applications, mobile applications, websites, or other medium.


6.7.          You hereby acknowledge and accept that all intellectual property rights in relation to the Services and Company’s Materials not explicitly mentioned in this Section 6 are reserved by the Company.

7.     Indemnity

7.1.          You agree to indemnify and hold the Company, Our affiliates, subsidiaries, providers (including Financial Services Providers and Payment Method Providers), licensors, agents, directors and employees against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorneys’ fees) of any kind whatsoever arising or resulting from:


a)     Your use or access to the Services;

b)     your breach of any provision of these Terms;

c)     any Fees, Fines, Disputes, Refunds, Reversals, Returns, or any other liability that We incur if it results from your use of the Services;

d)     negligent or willful misconduct of your employees, contractors, or agents; or

e)     contractual or other relationships between you and your customers.


7.2.          We reserve the right, to the extent permitted under applicable law, at your expense (including any compensation and other costs associated with a claim), to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you hereby agree to cooperate fully and reasonably as required by us in the defense.


7.3.          The Company reserves the right to settle or compromise any claims which are brought against Us without your prior consent.

8.     Disclaimer

















9.     Limitation of liability

9.1.          To the fullest extent permitted under applicable law, in no event shall the Company be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any  damages of any kind (including direct, indirect, incidental, consequential, special, exemplary, or punitive damages, lost profits, loss of use, loss or corruption of data, personal injury, fines, fees, penalties or other liabilities), resulting from or relating to these Terms, Company’s Materials, your use or inability to use the Services, or for the unavailability of the Services, regardless of whether We were advised of the possibility of such damages.


9.2.          The Company further excludes liability to you for any damages caused by:


a)     any unauthorised access of servers, infrastructure, or data used in connection with the Services;

b)     interruptions or cessation of the Services;

c)     any bugs, viruses, or other harmful code that may be transmitted to or through the Services;

d)     any errors, inaccuracies, omissions, or losses in or to any data provided to Us.


9.3.          Under no circumstances shall the Company be responsible or held liable for any transactions or payments that are blocked by third parties, including banks, financial institutions, or any government body. Above disclaimer of liability includes any restriction based on applicable international, national, or local laws, rules and regulations, specially designated nationals lists published by the office of foreign assets control, any internal bank “blacklists’, or any other similarly restrictive third party measures.


9.4.          You further agree that under no circumstances will Company’s total liability to you for all damages losses and causes of action arising out of or relating to these Terms (whether in contract or tort, including negligence, warranty, or otherwise) exceed in the aggregate the amount of Fees paid by you to the Company during the three-month period immediately preceding the event that gave rise to your claim for damages.


9.5.          Laws of certain jurisdictions do not allow exclusion or limitation of legal warranties, conditions or representations. If these laws apply to you, some or all of the exclusions or limitations in these Terms (including the following limitations of liability) may not apply and you may have additional rights.

10.  Third party links and resources on the Services

10.1.       The Services may contain links to websites, applications or resources; please note that above websites, applications or resources are provided for your information only. The Company has no control over such websites, applications and resources, and you hereby acknowledge and agree that the Company is not responsible for the availability of such external websites, applications or resources, does not endorse or approve and is not responsible or liable for any content, advertising, products or other materials on or available on such websites or resources.


10.2.       You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such websites, applications or resources.


10.3.       You access and use any of such websites, applications or resources is at your own risk and would not be governed but these Terms; you are responsible for reviewing, understanding and accepting the terms and conditions, as well as privacy policy associated with such websites, applications or resources.

11.  Termination of Agreement; Suspension of Account

11.1.       Term and Termination: This Agreement is effective upon the date you first access or use the Services and continues until terminated either by you or by the Company. You may terminate this Agreement at any time by closing your Account, provided that you discontinue any further use of the Services.


11.2.       You hereby agree that the Company may terminate this Agreement and close your Account in the event that:


a)        We determine in Our sole discretion that you are ineligible for the Services because of significant fraud or credit risk, or any other risks associated with your Account;

b)        you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of these terms and/or applicable law;

c)        We are requested or directed to do so by any competent court of law, governmental authority, public agency, or law enforcement agency;

d)        We are required to do so in accordance with applicable law;

e)        a petition has been filed or proceedings have commenced for your bankruptcy, dissolution, composition, or liquidation, whether voluntary or involuntary.


11.3.       We may suspend your Account for security reasons. We may suspend your Account or restrict its functionality if We have reasonable concerns about:


a)     security of your Account; or

b)     suspected unauthorised or fraudulent use of your Account.


11.4.       In the event that you are in breach of these Terms, actions specified in Clause 11.2. are in addition to and not in lieu or limitation of any other right or remedy that may be available to the Company.


11.5.       Termination does not immediately relieve you from obligations under Agreement. Upon termination, you agree to:


a)     complete all pending Transactions;

b)     stop accepting new transactions through the Service; and

c)     immediately remove all Trademarks from your social media, online applications, mobile applications, websites, or other medium.


11.6.       In addition, you understand and agree that upon termination:


a)     all rights and licences granted to you under this Agreement will end;

b)     you are still liable to Us for any Fees or fines, or other obligations (including financial obligations) incurred by you or through your use of the Services prior to termination;

c)     We may, at Our sole discretion, temporarily or permanently restrict your access to the Services;

d)     We will pay out any remaining funds owed to you by the Company in accordance with procedure established in the Section 4.


11.7.       The following provisions of these Terms survive termination of the Agreement: Sections 2 (Your Account), 3 (Use of the Services), 4 (Services), 6 (Intellectual property rights), 7 (Indemnity), 8 (Disclaimer), 9 (Limitation of liability), 11 (Termination of Agreement; Suspension of Account), 12 (Miscellaneous).

12.  Miscellaneous

12.1.       These Terms set forth the entire understanding between the Company and you with respect to the Services and supersede any prior agreements, whether oral or written, between you and the Company. Except where expressly stated otherwise in writing executed between you and the Company, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services.


12.2.       If the Company is unable to perform the Services outlined in these Terms due to factors beyond its control, including, but not limited to: labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, software or smart contract bugs or weaknesses, earthquakes, storms, or other nature-related events, blockages, embargoes, riots, strikes, acts or orders of government authority, acts of terrorism or war, technological change, the Company shall not be liable for the default in provision of Services under these Terms during the time period coincident with the respective event.


12.3.       You may not assign any of the rights conferred to you under these Terms without prior written consent from the Company. The Company may assign any right or obligation under these Terms without any notice to or consent from you.


12.4.       Except as expressly stated otherwise, nothing in these Terms serves to establish a partnership, joint venture, or other agency relationship between you and the Company, or with any Financial Services Provider. Each party to this Agreement, and each Financial Services Provider, is an independent contractor. Unless a Financial Services Provider expressly agrees, neither you, nor the Company have the ability to bind a Financial Services Provider to any agreement or obligation.


12.5.       If any term, clause or provision of these Terms is held unlawful, void or unenforceable, that term, clause or provision will be removed from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.


12.6.       No failure by the Company to exercise any right, power or remedy under these Terms is deemed to be a waiver thereof, nor any partial exercise of any right, power or remedy should preclude the Company from exercise of the entire or other right, power or privilege.


12.7.       In the event of a controversy, dispute or claim arising out of, in connection with, or in relation to the interpretation, performance, nonperformance, validity or breach of these Terms, or otherwise arising out of, or in any way related to these Terms, including, without limitation, any claim based on contract, tort or statute, you and the Company shall negotiate in good faith for a reasonable period of time to settle such controversy, dispute or claim, provided, however, that such reasonable period shall not, unless otherwise agreed between you and the Company in writing, exceed 30 days from the time you and the Company began such negotiations.


12.8.       These Terms shall be governed and construed in accordance with the law of the Republic of Cyprus. You hereby agree to irrevocably submit to the exclusive jurisdiction of the courts of the Republic of Cyprus.


12.9.       Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section.


12.10.    All notices to you relating to these Terms shall be posted on the Website or sent to you at the e-mail address (or via other communication channel, as may be applicable from time to time) that you provided to the Company. All notices to the Company relating to these Terms shall be made either by e-mail to [email protected] or in writing and sent to the following address:


Mobiblis LTD


Agias Zonis & Thessalonikis,

Nicolaou Pentadromos center, block B, office 503A,

3026, Limassol,


13.  Complaints Handling Policy

13.1.       The Company is committed to providing the highest level of care to all Our customers. If you feel that Our Service has not met your expectations, you have a concern, problem or a question, please contact Us at  [email protected], detailing the nature of your complaint and providing all relevant information and your contact details. To ensure that your complaint is resolved as soon as possible, please outline any steps you would like Us to take in addressing the issue.


13.2.       Once a complaint has been received, We will acknowledge it as quickly as possible, but in no event later than in fifteen (15) days from the date of receipt and will respond to your complaint within three (3) months from the date of receipt.


13.3.       If you have not received Our response within three (3) months from the date of receipt of your complaint or if you are not satisfied with Our final response, you may be entitled to refer your complaint to the Financial Ombudsman of the Republic of Cyprus, subject to limitations, provided under applicable law.


MobiPay24 is operated by MOBIBLIS LTD, with its registered address Georgiou & Aristotelous Corner Sot. Argyris Building 3, Shop No 3M Katholiki, 3040 Limassol, Cyprus, registration No. HE422780

© All right Reversed.MobiPay24