Public offer (Electronic money WOOPPAY)

PUBLIC OFFER ON PROVISION OF NON-CASH PAYMENT SERVICES USING ELECTRONIC MONEY WITHIN THE WOOPPAY ELECTRONIC MONEY SYSTEM

This Offer contains the conditions for conclusion of an Agreement on the provision of Non-Cash Payment Services using electronic money within the framework of the WOOPPAY Electronic Money System (hereinafter referred to as the Service Agreement and/or the Agreement). /или «Договор»).

Performance of the actions specified in this Offer is considered as a confirmation of an individual's consent to conclude the Service Agreement on the terms, in the manner and to the extent set out in this Offer. The Offer's text set out below is an official public offer addressed to individuals to conclude a Service Agreement in accordance with Article 395 of the Civil Code of the Republic of Kazakhstan. The Service Agreement is considered concluded and becomes effective from the date of the Customer's performance of the actions (acceptance) provided for in this Agreement and signifying full and unconditional acceptance of all conditions of this Agreement without any exceptions or restrictions on the terms of accession.

Terms & Definitions:

  • Subscriber Number is a phone number assigned to the User by the mobile operator at the time of conclusion of a cellular service contract between the User and the mobile operator, which allows to uniquely identify the User in the mobile operator's accounting system.
  • Electronic Wallet Balance is the amount of the Issuing Bank's obligations to the Client, within which the Client has the right to submit claims to the Issuing Bank for making Payments using Electronic Money in favor of the Payee. The Electronic Wallet Balance is formed at the expense of funds previously deposited by the Client in favor of the Issuing Bank for the purpose of purchasing Electronic Money.
  • An Issuing Bank (hereinafter referred to as the Issuer) is a partner of WOOPPAY LLP, which issues and redeems Electronic Money and undertakes to provide Payment Settlements made by Clients using them within the WOOPPAY Electronic Money System, in connection with the Issuer's membership in the System.
  • Issuance of Electronic Money is a payment service that provides for the issuance of Electronic Money to an individual or an Agent by an Issuer of Electronic Money by exchanging for an equal amount of money at its nominal value.
  • Cash/Money is a monetary unit (tenge), which is a legal tender, mandatory for acceptance at face value throughout the territory of the Republic of Kazakhstan, payments using which are made in the form of cash and non-cash settlements.
  • An Agreement is the text of this Offer with Appendixes and Additions that constitute an integral part of this Offer.
  • Use of Electronic Money is the transfer of Electronic Money within the Electronic Money System by its owner (the User) to another Participant of the EMS initiated for the purpose of making payments under civil law transactions and/or other operations related to the transfer of ownership of the Electronic Money.
  • The Client is an individual who has full legal capacity in accordance with the current legislation of the Republic of Kazakhstan, who has committed conclusive actions aimed at concluding a Service Agreement by accepting the terms of this Offer, and who has submitted a request to issue Electronic Money and make Payments using them to the Issuer in accordance with the procedure provided for in this Offer. The Client and the User can be the same person.
  • Conclusive Actions are actions of a person expressing his consent/will to conclude an Agreement. The conclusive actions necessary to conclude an Agreement on the terms of this Offer are established in accordance with paragraph 6.2 of this Offer.
  • Unauthorized Issue of Electronic Money is an operation involving the issuance of Electronic Money to individuals by the Electronic Money being credited to electronic wallets not by the Issuer, but by another third party that has gained access to the system, for example, an attempt to falsify the issue of Electronic Money (without the Issuer's knowledge and without the Issuer's receipt of funds from Clients for the purchase of electronic money), all kinds of fraud or disruption of the system.
  • Payment is the User's commission of any of the following types of operations:
    • payment of the nominal value of Electronic Money to the Issuer at the time of its acquisition;
    • presentation of Electronic Money for repayment by the Issuer for the purpose of receiving cash and/or exchanging non-cash funds with their subsequent transfer in favor of the Payee;
    • making transfers and settlements using Electronic Money;
    • purchase of Electronic Money by the User from an Electronic Money Agent.
  • The WOOPPAY Electronic Money System (hereinafter referred to as WOOPPAY EMS) is a set of software and hardware, documentation and organizational and technical measures that ensure the implementation of payments and other transactions with electronic money.
  • WOOPPAY Payment Service (Service) is a set of software and hardware aimed at providing the User with services for replenishing accounts in accounting systems of trade and service enterprises for which the User is a payer or subscriber. An account records transactions related to the sale of goods (works, services) by trade and service enterprises to the User. The Service is operated by WOOPPAY Limited Liability Partnership (WOOPPAY).
  • Payee is a legal entity, an individual entrepreneur and/or an individual who has the full right and capacity in accordance with the current legislation of the Republic of Kazakhstan, in favor of which the Client makes a Payment using Electronic Money.
  • Supplier/Partner are individual entrepreneurs and/or legal entities that are members of the WOOPPAY EMS, carry out business activities and accept Electronic Money from other WOOPPAY EMS participants (individuals) as payment for the services, works and/or goods provided, including those previously paid to the relevant persons with which the Supplier has an Agency Agreement for accepting payments in their favor.
  • User of the WOOPPAY Payment Service (User) is an individual who has full legal capacity in accordance with the current legislation of the Republic of Kazakhstan, who has entered into an Agreement with the WOOPPAY EMS Operator on the use of the WOOPPAY Payment Service by accepting the terms of the Client Agreement of WOOPPAY LLP (hereinafter referred to as the Client Agreement) located on the website of the WOOPPAY EMS Operator: https://www.wooppay.com/site/agreement on the use of the WOOPPAY Payment Service. The Client and the User can be the same person.
  • Redemption of Electronic Money is an operation carried out by the Issuer using the WOOPPAY EMS to exchange Electronic Money presented by the owner of Electronic Money or subject to redemption without its presention by the owner in cases provided for by the laws of the Republic of Kazakhstan for an amount of money equal in its nominal value.
  • The Rules (hereinafter referred to as the WOOPPAY EMS Rules) are the WOOPPAY EMS Rules, the Internal Rules of the WOOPPAY Electronic Money System located on the WOOPPAY SED Operator's website: https://www.wooppay.com/site/agreement, which describe the processes necessary for the Client to make Payments with Electronic Money in accordance with this Offer.
  • Amount of Monetary Claim is the amount of funds in the amount of which the Client has the right to make demands to the Issuer for the issue of Electronic Money in order to make Payments.
  • Order on Making Payments using Electronic Money is a document in electronic form containing the Client's indication of the Payee, the amount of a monetary claim and the details of a document that is the basis for receiving funds by the Payee transmitted using technical means via electronic communication channels, drawn up in accordance with with the norms established by the legislation of the Republic of Kazakhstan.
  • Issuer's Tariffs are tariffs/fees for the issuance, use and redemption of Electronic Money (including other fees for additional services) that the Issuer is entitled to charge in the amount posted on the Issuer's website.
  • Terminal — software and hardware complexes of various types, including POS terminals, stationary equipment, pocket-type mobile devices, portable terminals and cash registers, as well as a settlement web server for authorization of Transactions on the Internet (payment gateway).
  • Payment Acceptance Points are separate divisions of the Issuer and/or Partner that carry out payment acceptance activities with the participation of an authorized representative of the Issuer and/or Partner.
  • Service is a service provided by the Issuer and/or the WOOPPAY EMS Operator within the framework of this Offer to the Client, consisting in the organization and implementation of the issue, repayment and use of Electronic Money by the Client when making Payments.
  • System Participants are Parties to the Agreement (Client and Issuer), as well as other persons directly involved in the process of making Payments using Electronic Money, who, in accordance with the concluded agreement with the WOOPPAY EMS Operator, have the right and/or obligation to transfer, accept, use, purchase or sale Electronic Money within the WOOPPAY EMS.
  • Electronic Receipt for the Issue of Electronic Money (Electronic Receipt) is a document generated electronically in a form, placed in the interface of the Client's electronic wallet when issuing Electronic Money, containing the mandatory details established by the legislation of the Republic of Kazakhstan, the contents of which can also be found on the website WOOPPAY EMS Operator. Website of the WOOPPAY EMS Operator is a website located on the Internet at the following address: www.wooppay.com.
  • Electronic Money — unconditional and irrevocable monetary obligations of the Issuer of electronic money, stored in electronic form and accepted as a means of payment in the WOOPPAY EMS by other WOOPPAY EMS Participants. Issuance of Electronic money is carried out by the Issuer in electronic form, after receiving money from individuals (Clients) in an amount equal to the nominal value of the obligations assumed. Electronic Money issued under the Agreement may be used by the Client only when making Payments in favor of the Payee and paying related costs.
  • WOOPPAY Electronic Wallet (Electronic Wallet) is a User account in the WOOPPAY Payment Service, which provides storage of the Client's Electronic Money and/or the Client's access to Electronic Money through a combination of software and hardware (including, but not limited to: a web interface, mobile applications and applications for tablet computers, Terminal software, etc.) for the purpose of making Payments. The procedure for registering an Electronic Wallet is determined by the Client Agreement on the use of the WOOPPAY Payment Service. The User has the right to register no more than one Electronic Wallet per Subscriber Number at a time.
  • Blocking of an Electronic Wallet is a complete or temporary ban on the use of Electronic Money stored in the Electronic Wallet of the owner of Electronic Money.
  • The WOOPPAY Electronic Money System Operator (hereinafter referred to as the WOOPPAY SED Operator) is WOOPPAY LLP, established and registered in accordance with the legislation of the Republic of Kazakhstan, ensuring the functioning of the System and monitoring compliance with the Rules of WOOPPAY EMS. The WOOPPAY EMS Operator is a payment organization with account registration number No. 09-17-001 that provides payment services for: - receiving and processing payments made using electronic money; sale (distribution) of electronic money;
    • services on processing of payments initiated by the customer in electronic format and transfer of necessary information to a bank or organization performing certain types of banking operations to make a payment and (or) transfer or accept money for such payments.
  • An Agent of the WOOPPAY EMS Operator (hereinafter referred to as the Agent) is OneVision LLP, which carries out activities for the acquisition of electronic money from the Issuer and owners (individuals) and/or the sale of electronic money to owners (individuals) for their subsequent sale to individuals on the basis of an agreement concluded with the WOOPPAY EMS Operator.
  • A Subagent is a legal entity or an individual entrepreneur who has concluded an agency agreement with an Agent to provide services on behalf of the Agent.
  • A Merchant is a legal entity or individual entrepreneur engaged in commercial activities and accepting electronic money from individuals as payment for civil transactions on the basis of an agreement concluded with the WOOPPAY EMS Operator.
  • A Security Procedure is a set of organizational measures and software and hardware means of information protection designed to certify the rights of the owner of electronic money to use electronic money and to detect errors and/or changes in the content of messages transmitted and received electronically (hereinafter referred to as an electronic message) when using electronic money.
  • Exchange Operations with Electronic Money are operations for the exchange of electronic money issued by one Issuer for electronic money of another Issuer, subject to the participation of both issuers in the WOOPPAY EMS.
  • Authentication is the process of confirming identification data by a WOOPPAY EMS Participant.
  • Authentication Data include a login and password assigned to the user when registering in the WOOPPAY EMS.
  • Identification of the Client is the identification of an individual who is the owner of electronic money in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.
  • Authorization is the WOOPPAY EMS Operator's authorization to conduct operations by the owner of electronic money using electronic money in the WOOPPAY EMS, including providing access to the owner's personal account.
  • Identification Information is an information about the user, including the user's full name, the number of his identity document, the date of issue of this document, the number of a personal account belonging to the user and other necessary information provided for by the legislation of the Republic of Kazakhstan.
  • Status of the WOOPPAY EMS Participant is the type of WOOPPAY EMS User (WOOPPAY EMS Operator, Issuer, Agent, Subagent, Supplier, Client), depending on which the WOOPPAY EMS Participant receives certain rights corresponding to this type (status). If the text of this Offer does not contain an unambiguous interpretation of any term, the Client undertakes to be guided primarily by the interpretations given on the Website of the WOOPPAY EMS Operator.

  1. Subject of the Agreement

    1. The Subject of the Agreement concluded by the Client by him joining this Offer through the performance of conclusive actions provided for in this Offer is the provision of Services by the WOOPPAY EMS Operator to the Client within the framework of the Agreement.
    2. The Client's ability to use the System is determined depending on the Client's Status. The Client can be assigned one of the following Statuses:
      • Unregistered Client;
      • Unidentified Client;
      • Identified Client.
    3. Client Identification:
      1. Identification of a Client by one of the Issuers means his Identification in the WOOPPAY EMS, which is a necessary and sufficient condition for recognizing this Client as Identified by other Issuers.
      2. Identification of Clients is carried out by Issuers in accordance with the procedure and on the terms of agreements concluded with the Operator of the WOOPPAY EMS.
      3. In case of the Client's Identification by Issuers, the procedure and conditions for its implementation are provided for in the relevant section on the EMS Website.
      4. The WOOPPAY EMS Operator has the right to involve third parties in order to identify Clients within the requirements of the legislation of the Republic of Kazakhstan. When performing identification using the infrastructure of such third parties, an identity document may be requested from the Client when performing any types of operations through the infrastructure of such a third party. A third party transfers the data of the identity document to the Operator of the WOOPPAY EMS, after which the Client's Wallet becomes registered. A Wallet's transfer to this category does not mean identification of the Client — its owner. The Client, whose Wallet is registered, can contact the Customer Support Service of the WOOPPAY EMS Operator, provide a copy of the identity document previously presented in the personal presence of the previously specified third party. After verification of the provided data, the Client is assigned the status of Identified.
      5. If third parties are involved for the purpose of Client Identification, the WOOPPAY EMS Operator and such third party may provide for a different identification procedure, which will be reported to the Client at the branches of such third party.
      6. In the event of a change in the data of the identity document, the Client undertakes to immediately inform the WOOPPAY EMS Operator about this. Otherwise, in the event of subsequent transactions through the offline infrastructure of the WOOPPAY EMS Operator and its partners and the data of the submitted document does not match the data stored in the WOOPPAY EMS, the Client may be re-requested for documents and consent to undergo Identification, and the privileges of the Identified Client status may be revoked.
    4. In order for the WOOPPAY EMS Operator to properly provide Services under the Agreement, the Client replenishes the Balance of the Electronic Wallet and performs operations with them within the WOOPPAY EMS in accordance with the following conditions:
      1. An unregistered Client can purchase Electronic Money, make payments on available civil transactions, initiate the issue of Electronic Money, transfer Electronic Money to registered Identified Clients, sell Electronic Money to an Agent, Redeem Electronic Money. The maximum amount of a one-time transaction available to this category of Clients is 100 (one hundred) monthly calculation indices.
      2. A Client performing a Wallet replenishment operation using the Agent infrastructure has the Status of an Unregistered Client.
      3. The maximum amount of one transaction performed by an unidentified owner of Electronic Money (an individual) should not exceed an amount equal to fifty times the size of the monthly calculation index established for the corresponding financial year by the law on the republican budget.
      4. The maximum amount of one transaction performed by a simplistically identified owner of Electronic Money (an individual) should not exceed an amount equal to a hundredfold of the monthly calculation index established for the corresponding financial year by the law on the republican budget.
      5. The maximum amount of Electronic Money stored on one Electronic Device of an unidentified owner of electronic money (an individual) should not exceed an amount equal to a hundredfold of the monthly calculation index established for the corresponding financial year by the law on the republican budget.
      6. The maximum amount of Electronic Money stored on the electronic wallet of a simplistically identified owner of electronic money (an individual) should not exceed an amount equal to three hundred times the size of the monthly calculation index established for the corresponding financial year by the law on the republican budget.
      7. The total amount of payments and (or) other transactions using Electronic Money from the electronic wallet of an unidentified owner of Electronic Money (an individual) during a working day should not exceed an amount equal to a hundredfold of the monthly calculation index established for the corresponding financial year by the law on the republican budget.
      8. The total amount of payments and (or) other transactions using Electronic Money from an electronic wallet of a simplistically identified owner of Electronic Money (an individual) to an electronic wallet of an identified or simplistically identified owner of Electronic Money during a working day should not exceed an amount equal to three hundred times the monthly calculation index established for the corresponding financial year by the law on the republican budget.
      9. It is prohibited to redeem Electronic Money by transferring money to a bank account or electronic payment means of the owner of Electronic Money (an individual) without receiving confirmation that the bank account or electronic payment means belongs to this individual.
    5. The results of the provision of Services to the Client under this Offer will be:
      • the issue of Electronic money by the Issuer; and/or
      • the purchase of Electronic Money and their further use by the Client; and/or
      • repayment of Electronic Money by its exchange for cash and/or its transfer to the Client's bank account; and/or
      • repayment of Electronic Money and its subsequent transfer in favor of the Payment Recipient.
      • If the Client does not make Payments using Electronic Money during the term of the Agreement (in any of the forms provided for in paragraphs 1.3.1.1 - 1.3.4 of this Offer), the result of provision of the Service to the Client will be the issuance of Electronic Money by the Issuer in favor of the Client and its reflection on the Electronic Wallet Balance (except for deduction of the commission due to the Issuer and the WOOPPAY EMS Operator for the provision of services, as well as an additional Agent's commission in the case of payments using the Agent's software (if any)).

  2. Procedures for Rendering Services

    1. The Client deposits funds in favor of the Issuer/Agent in order to purchase Electronic Money and replenish the Electronic Wallet Balance in accordance with paragraph 1.2 of this Offer by depositing funds through the Terminal, to the Issuer/Agent's cash desk at the Payment Acceptance Point and/or in any other legal and accessible way.
    2. Confirmation of the Agent/Issuer's receipt of the money deposited by the Client for the purpose of purchasing Electronic Money in accordance with paragraph 2.1 of this Offer is the appearance/receipt by the Client of an electronic receipt in the interface of the Client's electronic wallet.
    3. At the same time, Electronic Money is considered to be issued into circulation by the Issuer from the moment information about the available amount of Electronic Money is reflected in the Client's electronic wallet.
    4. The terms of this paragraph do not apply to cases of unauthorized issuance of Electronic Money.
    5. The Agent undertakes to sell Electronic Money to the Client from the moment the Agreement is concluded on the terms of this Offer and the Client deposits funds in favor of the Agent in accordance with paragraph 2.1 of this Offer.
    6. For the proper provision of the Service, the Agent initiates a request to issue Electronic Money to the Issuer, the Issuer issues Electronic Money to the Agent, the Agent (implements) credits the Electronic Money issued by the Issuer to the Client's Electronic Wallet. Electronic Money is credited to the Client's Electronic Wallet in the amount amount previously deposited by the Client to the Agent, minus the commission due to the WOOPPAY EMS Operator in accordance with its tariffs (if charged), but not more than the amount indicated on the WOOPPAY EMS Operator's website.
    7. All transactions carried out within the framework of this Offer are carried out through the WOOPPAY EMS owned by the WOOPPAY EMS Operator.
    8. The Client's claims arising from the moment of the Agreement's conclusion cannot be transferred by the Client to third parties.
    9. The WOOPPAY EMS Operator provides the Client with services for processing payments made using Electronic Money by providing access to the WOOPPAY EMS Operator's infrastructure, which provides information and technological interaction, including the collection, processing and distribution of information between participants in settlements on transactions with Electronic Money, and the possibility of using it to carry out transactions with Electronic Money, including for:
      1. payment for goods, works and services provided by service providers who are members of the WOOPPAY EMS;
      2. making Electronic Money transfers between individuals — Clients of WOOPPAY EMS;
      3. crediting funds to the Client's bank account;
      4. acquisition or sale of Electronic Money;
      5. performing other operations provided for by this Offer or agreements available on the WOOPPAY EMS Website.
    10. The Wallet's replenishment by the User means the Client's purchase of Electronic Money from the WOOPPAY EMS Participants that issue and/or sell Electronic Money by one of the available methods for its further crediting to the Client's Wallet account.
    11. The Client can deposit Electronic Money to the Wallet account belonging to him in the following ways:
      • by purchasing Electronic Money from an Agent;
      • by forming a request for the issue of Electronic Money by the Issuer;
      • by receiving an Electronic Money transfer from another Client;
      • in other ways listed in the corresponding section of the System's Website.
    12. The procedure for depositing Electronic Money in relation to each of the methods is indicated on the System's Website.
    13. The WOOPPAY EMS Operator does not carry out activities for accepting advance payments, and also does not carry out certain types of banking operations in any way.
    14. The WOOPPAY EMS Operator is not a Party to the purchase and sale transactions, the provision of services, the performance of works or other transactions concluded between the Client and the Merchant. In this regard:
      • the WOOPPAY EMS Operator does not control the transaction's compliance with the requirements of the law, does not affect its terms, is not responsible for the consequences of its conclusion, execution or termination, including in the matter of money refund for such a transaction;
      • the WOOPPAY EMS Operator is not liable to the Client for obligations arising from the Merchant or other WOOPPAY EMS Clients;
      • the WOOPPAY EMS Operator does not consider the Client's claims regarding improper fulfillment by the Merchant' obligations, including obligations to transfer goods, perform works and provide services, if the obligations of the WOOPPAY EMS Operator are fulfilled in full in due time.
      • the WOOPPAY EMS Operator guarantees that it has the authority to act in the interests of Merchants by transferring Electronic Money in favor of Merchants on the Client's order, as well as transmitting information about accepted payments to Merchants.
    15. The remaining terms of use of WOOPPAY EMS are reflected in the Client Agreement and the WOOPPAY EMS Rules located on the website: https://www.wooppay.com/site/agreement.

  3. Rights and Obligations of the Parties

    1. Rights and Obligations of the Client:
      1. The Client has the right to join the Agreement by performing the conclusive actions specified in paragraph 6.2 of this Offer in order to accept the terms of this Offer and conclude the Agreement.
      2. The Client is not entitled to transfer the rights of claim against the Operator arising in connection with the acquisition of Electronic Money and replenishment of the Balance of the Electronic Wallet to a third party.
      3. The Client is obliged to promptly and fully familiarize himself with the terms of this Offer, with the amendments and additions to the Agreement made by the Agent in accordance with the procedure established by Article 6 "Procedure for Concluding, Amending and Terminating the Agreement" of this Offer, as well as with the Client Agreement and the Rules of the WOOPPAY EMS.
      4. The Client confirms that in accordance with the law of the Republic of Kazakhstan he is not restricted in his legal capability, is not under tutorship, guardianship or wardship, can independently exercise and defend his rights and perform his duties, does not suffer from any diseases that prevent him from understanding the substance of the concluded Agreement and the circumstances of its conclusion.
      5. The Client is personally responsible for the accuracy of information about: (i) the Payment Recipient in whose favor the Payment using Electronic Money is being made; (ii) payment details identifying the Payment's purpose (such as subscriber phone number, number and date of the agreement between the Client and the Payment Recipient, other details, depending on which the information is to be provided at the time of payment); (iii) the Payment amount; etc. In case of unreliability of the indicated information, the Agent and the Operator are not responsible for improper fulfillment of the Client's obligations to the Payee.
      6. In case of loss of the electronic medium providing access to the Electronic Wallet and/or illegal use of the Electronic Wallet by third parties, the Client is obliged to immediately notify the Operator by sending a corresponding message to the email address: spp@wooppay.com.
      7. In accordance with the terms of this Offer, the Client has the right to apply to the Issuer for repayment of Electronic Money through the WOOPPAY EMS.
      8. The Client has the right to request from the Operator a report containing information on all transactions made by the Electronic Money Owner in his Electronic Wallet. Such a report is provided in the form of an extract within 3 (three) working days from the date of sending the request to the Operator in the interface of the Client's Electronic Wallet. This statement will be displayed electronically in the interface of the Client's personal account.
      9. To use WOOPPAY EMS to initiate the issue of Electronic Money, deposit Electronic Money to the Wallet account by any of the available methods listed on the WOOPPAY EMS Website, make payments under civil law transactions, assign the right of claim to another Client or other individual, as well as by other means that do not contradict the current legislation of the Republic of Kazakhstan, this Agreement, Client Agreement and Rules.
      10. To demand a payment refund in the manner and on the terms stipulated by this Agreement, to repay Electronic Money by any of the available methods indicated on the WOOPPAY EMS Website.
      11. To use additional services of WOOPPAY EMS in the manner and on the terms provided for by additional agreements available on the System's Website.
      12. To get access to all WOOPPAY EMS services in accordance with their Status and other restrictions set by the WOOPPAY EMS Operator.
      13. To receive information about the status of the Customer's Electronic Money account, the Customer's actions in relation to the account, the history of account changes, and other information relevant to the use of the WOOPPAY EMS.
      14. To receive information about the status of other WOOPPAY EMS Clients from the WOOPPAY EMS Operator.
      15. To send complaints about the actions of WOOPPAY EMS Participants, failures in the WOOPPAY EMS operation and other circumstances requiring the intervention of the WOOPPAY EMS Operator to the WOOPPAY EMS Operator.
      16. To use the WOOPPAY EMS in any other way that does not violate or affect the rights and legitimate interests of other WOOPPAY EMS Participants, third parties, as well as does not violate the law.
      17. To receive technical and informational support.
      18. To comply with the terms of this Agreement, the Rules, and upon receipt of additional services — the terms of additional agreements available on the System's Website.
      19. To provide the WOOPPAY EMS Operator with reliable data when registering with WOOPPAY EMS and going through the identification procedure. Claims due to circumstances resulting from the Client's provision of false information are not considered.
      20. Not to transfer his authentication data and transaction data transmitted to him by the WOOPPAY EMS Operator for the purpose of conducting a transaction, including not to provide the possibility of using the Wallet belonging to the Client to third parties, and confirms that he is independently responsible for the safety of confidential information and for the dissemination of transaction data as a result of possible negligence of the Client, criminal encroachments by third parties, actions of malicious programs and attacks of computer viruses and other illegal or imprudent actions.
      21. To properly take care of the operability and information security of the WOOPPAY EMS access device.
      22. Not to attempt to make changes to the WOOPPAY EMS software in whole or in part, independently or through the involvement of third parties.
      23. To recognize electronic documents compiled with the help of WOOPPAY EMS as documents compiled in a simple paper form in accordance with the legislation of the Republic of Kazakhstan.
      24. To notify the WOOPPAY EMS Operator about any changes in identification data (change of surname due to marriage/divorce, etc.) in a timely manner.
      25. To make timely changes to his authentication data in case of termination of the contract with the mobile operator for the use of the number entered during registration in the WOOPPAY EMS.
      26. To immediately notify the WOOPPAY EMS Operator about the discovery of an operation carried out without the Client's consent, unauthorized access to the Client's personal data, loss of authentication data.
    2. Rights and Obligations of the Agent:
      1. To provide the WOOPPAY EMS Operator with reliable information when registering in the WOOPPAY System and performing activities as an Agent of the WOOPPAY Electronic Money System.
      2. To ensure uninterrupted operation of the Client's access hardware to the Agent software in accordance with the internal work schedule of the access point location.
      3. To purchase and sell Electronic Money in accordance with the current legislation of the Republic of Kazakhstan and the Rules.
      4. To monitor the balance of the Agent's Electronic Money in the Wallet, replenish the Wallet belonging to the Agent in a timely manner. Not to allow delays in replenishing the Wallet for more than 1 (one) banking day.
      5. Not to disclose confidential information that becomes known to the Agent during the performance of obligations.
      6. To independently ensure the security of its authentication data and restrict access using such data to the Personal Account to persons who are not authorized to carry out activities in the WOOPPAY System on behalf of the Agent.
      7. The Agent has the right to initiate the issue of Electronic Money by the Issuer.
      8. The Agent has the right to sell Electronic Money to Clients of the WOOPPAY Electronic Money System.
      9. The Agent has the right to receive daily reports on all transactions for the sale of WOOPPAY Electronic Money, as well as on transactions carried out by Clients using the Agent's software.
    3. Rights and obligations of the WOOPPAY EMS Operator and other Participants are provided by the Rules.

  4. Responsibilities of the Parties

    1. In case of non-performance and/or improper performance of their obligations under this Agreement, the Parties bear responsibility in accordance with the terms of this Offer and the current legislation of the Republic of Kazakhstan
    2. The WOOPPAY EMS Operator is not responsible for non-performance and/or improper performance of obligations under the Agreement, if such non-performance and/or improper performance occur due to the fault of the Client and/or other Participants of the WOOPPAY EMS.
    3. The WOOPPAY Electronic Money System Operator is not responsible for improper performance of obligations under the Agreement, if such improper performance is associated with the Client's indication of erroneous data in the Payment Orders.
    4. The WOOPPAY Electronic Money System Operator is not responsible for the quality, completeness, as well as other consumer properties of goods (works, services) purchased by the Client using Electronic Money, as well as for the Payee's fulfillment obligations, the Payment for which is made by the Client using Electronic Money.
    5. The WOOPPAY EMS Operator is not responsible for the Client's non-compliance with the requirements of this Offer, the Client Agreement and the Payment Rules.
    6. The WOOPPAY EMS Operator is not responsible for improper fulfillment of the Client's obligations to the Payment Recipient in case of unreliability of the information provided by the Client.
    7. The WOOPPAY EMS Operator and the Agent are not responsible for any losses incurred by the Client due to the fact that the Client has not read and/or has not familiarized himself with the terms of this Offer and/or the amendments and additions made by the Agent to the Agreement in accordance with the procedure provided for in Article 6 "Procedure for Concluding, Amending and Terminating the Contract" of this Offer.
    8. The WOOPPAY EMS Operator is not responsible to the User/the Client for unauthorized issuance of Electronic Money, subject to compliance with the requirements of this Offer.
    9. The WOOPPAY EMS Operator is liable to the Client within the amount not exceeding the amount of the remaining Electronic Money on the Client's account after the completion of current operations.
    10. In case of illegal actions of third parties aimed at interfering with the operation of the WOOPPAY EMS not related to the use of the Client's authentication data, the WOOPPAY EMS Operator is liable for the Client's losses within the amount on the Client's Wallet account at the time of commencement of such actions. In case of illegal actions of third parties related to the use of the Client's authentication data, the WOOPPAY EMS Operator and the Client are responsible in accordance with the terms of this Agreement and the Rules.
    11. In case of loss of authentication data, blocking of the WOOPPAY EMS Wallet, the Client's loss of a password blocking the Wallet, or other events, the consequences of which cannot be eliminated without identifying the Client's identity, the WOOPPAY EMS Operator is not responsible to the Unidentified Client for possible losses and inability to use the Wallet in the future. Confirmation of the Unidentified Client's ownership of the Wallet is possible if such Client provides the WOOPPAY EMS Operator with an original or a certified copy of the Client's contract with the mobile operator.

  5. Additional Terms and Conditions

    1. Relations between the Parties within the framework of the Agreement's execution are governed by the current legislation of the Republic of Kazakhstan, internal documents of the WOOPPAY EMS Operator, the Agreement, as well as additions and amendments to it.
    2. The WOOPPAY EMS Operator, or another person authorized by the WOOPPAY EMS Operator in accordance with the agreement concluded between them, accepts the Clients'/Electronic Money Owners' requests on the use of Electronic Money for consideration and, based on the results of consideration, gives clarifications.
    3. All disputes and disagreements arising between the Parties and other Participants of the WOOPPAY EMS shall be resolved through negotiations. In case of failure to reach an agreement, the procedure for resolving disputes arising when making Electronic Money Payments is carried out by judicial authorities in accordance with the legislation of the Republic of Kazakhstan.
    4. The WOOPPAY EMS Operator provides the Client with all the necessary public information by posting it on the Operator's website, and also considers issues and claims related to Electronic Money Payments.
    5. By concluding an Agreement on the terms of this Offer, the Client consents to the processing of his personal data by the Operator, namely, to the performance, among other things, of the following actions: collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer), depersonalization, blocking, destruction, for the purpose of concluding contracts with the WOOPPAY EMS Operator, execution of concluded contracts, as well as for the purpose of fulfilling the requirements of regulatory enactments on combating the legalization of money obtained by criminal means. These actions can be performed using automation tools.
    6. In order for the actions provided for in this paragraph to be carried out, the Client also gives his consent to transfer of his personal data and data on transactions made using Electronic Money to third parties by the WOOPPAY EMS Operator, if there is a contract duly concluded between the WOOPPAY SED Operator and such third parties.
    7. The WOOPPAY EMS Operator undertakes to fully comply with the requirements of the legislation of the Republic of Kazakhstan when processing the Client's personal data.
    8. By concluding the Agreement on the terms of this Offer, the Client grants the WOOPPAY EMS Operator the right to make voice calls, and also agrees to receive SMS messages from the Operator, as well as other persons authorized by the WOOPPAY EMS Operator in accordance with the agreement concluded between them, to the Subscriber Number specified by the Client when registering an Electronic Wallet, for the purpose of:
      • increasing the level of security when making Payments using Electronic Money;
      • sending information requests for confirmation of Payment using Electronic Money;
      • sending information about the status of a Payment made using Electronic Money to the Client;
      • sending additional information to the Client on behalf of the Payee in whose favor the Payment was made using electronic money;
      • providing the Client with information about other services provided by the Operator, within the limits of the license granted to him for implementation of banking operations in accordance with the legislation of the Republic of Kazakhstan, including promotions conducted by the WOOPPAY EMS Operator, the introduction of new products, etc.
    9. By concluding an Agreement on the terms of this Offer, the Client confirms that he is familiar with the terms of this Offer.
    10. The Rules and the Customer Agreement of the WOOPPAY EMS Operator are integral parts of this Offer. The current version of the Rules is posted on the Operator's website.

  6. Procedure for the Agreement's Conclusion, Amendment and Termination.

    1. The Client's performance of the actions provided for in paragraph 6.2 of this Offer is considered to be the Client's full and unconditional acceptance of all the terms of this Offer without exception and the conclusion of an Agreement between the Client and the WOOPPAY EMS Operator on the terms of this Offer.
    2. The Agreement is considered concluded on the terms of this Offer (paragraph 6.1 of this Offer) from the moment the Client performs actions specified in paragraph 2.1 of this Offer. Receival of a payment document by the Client at the time of depositing funds is considered as confirmation of the fact of depositing funds.
    3. The Agreement comes into force from the date of the Client's performance of the actions described in clause 6.2 of this Offer, and is valid for 11 months from the date of the Client's last Payment via an Electronic Wallet.
    4. The Client agrees that the WOOPPAY EMS Operator has the right to make changes or additions to the Agreement and its Appendixes, including the procedure and conditions for replenishing the Electronic Wallet Balance, as well as the procedure for performing transactions, restrictions on amounts and types of transactions at any time on a unilateral basis, without sending an additional written notice to the Client. Specified changes or additions to the Agreement come into force 10 (Ten) working days after the date of publication of the new version of the specified changes on the WOOPPAY EMS Operator's website.
    5. If one or more provisions of the Agreement are invalid or become invalid due to amendments to the current legislation of the Republic of Kazakhstan, this will not be considered as a reason for suspending the remaining provisions of the Agreement. Invalid provisions should be replaced by provisions that are legally permissible and close in meaning to the ones being replaced.
    6. The Agreement is considered automatically terminated upon its expiration.

  7. Name, Location of the Agent:

    1. Legal Address: Republic of Kazakhstan, Almaty, Bostandyk district, 280 Baizakov st., index 050040;
    2. Actual Address: Republic of Kazakhstan, Almaty, Bostandyk district, 280 Baizakov st., index 050040.