PayEye Payment Terms and Conditions
For the purposes of these Terms and Conditions, we use the following definitions:
Available funds – the amount of funds in the Wallet that you may have at your disposal, which is the difference between the balance of funds in the Wallet and the sum of amounts blocked due to blocked funds and accepted for the making of Payment/transfer order
Payment/transfer order – any order, action request or statement addressed to us under the terms of the Agreement, including the Terms and Conditions, or other regulations in force between you and us
Payment Instruction – An instruction containing an order to make a Transaction
Business Day – a day from Monday to Friday, excluding public holidays in the Republic of Poland
Password – a confidential string of letters, numbers and special characters for authentication
SMS code – a confidential string of digits sent by text message to your telephone number for Payment/transfer order approval and authentication
We – PayEye sp. z o.o. with its registered office in Wrocław, ul. Zwycięska 43, 53-033 Wrocław, entered into the Register of Entrepreneurs of the National Court Register by the District Court for Wrocław-Fabryczna in Wrocław, 6th Commercial Division of the National Court Register under KRS number 0000773560, NIP 8943138845, REGON 382724489, with the share capital of PLN 9,700, e-mail address: email@example.com, providing payment services as a small payment institution under the supervision of the Financial Supervision Authority, entered in the register of small payment institutions kept by the Financial Supervision Authority under number MIP42/2019
PIN – a confidential four-digit string for Payment/transfer order validation and authentication
Wallet – a payment account maintained for you by PayEye under the Agreement
Terms and Conditions – these PayEye Payment Terms and Conditions
Website – PayEye website available at payeye.com
Strong Authentication – authentication ensuring that the confidentiality of the data is protected, based on the use of at least two elements from the following categories:
– knowledge of something only the authenticated person knows,
– having something that only an authenticated person has,
– the characteristics of the authenticated person,
which are an integral part of the authentication and are independent in such a way that the breach of one of those elements does not undermine the credibility of the others, the scope of the obligation to which is laid down in payment services legislation
Table of Fees and Commissions – Table of Fees and Commissions charged by PayEye, which is attached to the Terms and Conditions
PayEye terminal – a device for accepting payments by merchants using the PayEye service, equipped with a camera for taking pictures of the irises of the eyes
Transaction – payment transaction made under the Agreement
You – a natural person using the PayEye service
Agreement – agreement for the provision of the PayEye Service concluded on the principles specified in the Terms and Conditions
PayEye Service – payment services provided by us under the Terms and Conditions
Biometric Pattern – a digital record that represents a picture of your irises made using Payeye technology for approval of the Payment/transfer order and authentication
Safeguards – Password, SMS code, PIN and pattern of your irises
Trusted Merchant – a merchant who has concluded an agreement with us, entitling him/her to perform activities related to the registration of the Biometric Pattern using the PayEye Terminal
II Subject matter of the Terms and Conditions
These Terms and Conditions set out the rules for the provision of the PayEye Service by us, including the rules for using the Wallet and the Website, the rules for making Transactions by us and the rules for reporting complaints.
III Start using the PayEye Service
III.1 Application for the conclusion of the Agreement
- You can submit an application for the conclusion of the Agreement on the Website www.payeye.com. While submitting the application you will be asked to:
- provide the following data:
- your first name(s) and surname;
- your e-mail address;
- your date and place of birth;
- the address of your residence;
- the type and number of your identity card;
- your bank account number in NRB format.
- make the required statements;
- set up the Password and PIN;
- send a scan of your identity document, the number of which you have provided in the application, and the scan should include:
- both sides of the identity card, or
- a page with the details of the passport holder.
- provide the following data:
- In the process of applying for the Agreement, you will be additionally asked to confirm:
- your phone number – by entering the code sent to you by SMS;
- your e-mail address – by clicking the activation link sent to you by e-mail.
- The application to conclude the Agreement may be submitted only by natural persons with full legal capacity.
- We will inform you about the acceptance of the application or refusal to conclude the Agreement within 2 Business Days of receipt of the application by e-mail to the address provided in the application. Our failure to inform you that we have accepted the application within the time limit referred to in the previous sentence means a refusal to conclude the Agreement.
- As soon as we accept your application, the Agreement is concluded.
- You may withdraw from the Agreement without giving reasons and without paying any penalty for this within 14 days of its conclusion. The deadline is considered met if a statement of withdrawal has been sent before its expiry. Withdrawal does not affect the Transactions authorised by you prior to submitting the statement of withdrawal; in particular, it does not result in the return of amounts of Transactions authorised by you. The statement of withdrawal should be made in writing or sent by e-mail to the address: firstname.lastname@example.org.
- Remember that you are obliged to provide us with true and up-to-date information each time and to notify us immediately of any changes. You can change your contact details (e-mail address, telephone number) in the Website. You can submit a request to change other data in the Website, by e-mail or in writing. Due to the regulations binding on us, we may verify the correctness of the changed data and, for this purpose, ask you to present documents confirming the change and, in the case of a change in your e-mail address or telephone number, to reconfirm it in the manner specified in point III.1.2.
III 2. Biometric Pattern
- Making payments at the merchant requires registration of the Biometric Pattern.
- Registration of the Biometric Pattern consists in taking a picture of both your irises, assigning them to you and saving them in encrypted form by PayEye.
- You can register your Biometric Pattern with a Trusted Merchant. To do it, you should:
- make the required declarations regarding the processing of your biometric data by PayEye;
- provide the phone number and the SMS code received at the PayEye Terminal;
- allow a Trusted Merchant to take pictures of irises using the PayEye Terminal;
- By registering the Biometric Pattern, you are obliged to ensure that the photo taken by the Trusted Merchant will only show your eye iris and take all measures to ensure that the image of your eye irises is not distorted when taking the photo. Registration shall be made without glasses, contact lenses or other optical instruments. In the case of some diseases or damage to the iris, it may not be possible to register the Biometric Pattern. The inability to register the Biometric Pattern does not affect your ability to use the PayEye Service functionality other than based on the use of the Biometric Pattern.
- You can delete a saved Biometric Pattern using the functionality in the Website. After deletion of the Biometric Pattern, we will continue to store specific personal data related to the Biometric Pattern (not belonging to specific categories of personal data, i.e., so-called sensitive data) in order to comply with the law and to protect against claims.
- The list of Trusted Merchants is available at www.payeye.com.
IV PayEye Service
- In order to enable you to use the PayEye Service including access to the Wallet and information on Transactions, submission of Payment/transfer order, ongoing communication with us and submission of declarations of intent related to the Agreement, upon conclusion of the Agreement we give you the opportunity to use the Website. You may use the Website for the entire term of the Agreement.
- In order to use the Website, you are required to enter your telephone number and Password, as well as the SMS Code or PIN, if required. Submitting a Payment/transfer order at the Website with the use of the Password and the SMS or PIN code, if its submission is required, according to this provision constitutes confirmation of the content of the Payment/transfer order. Submitting a Payment Instruction at the Website with the use of the Password and the SMS Code or PIN, if its submission is required, pursuant to this provision constitutes consent to making the Transaction (authorisation of the Transaction).
- The Website is available in a time frame of not less than 98% of the time per calendar month.
- When using the Website, it is prohibited to provide content of an illegal nature, including content that violates the rights of third parties or is contrary to good morals.
- In order to use the Website, you must have the latest versions of Chrome, Firefox, Edge, Safari browsers and accept cookies.
- We charge the fees set out in the Table of Fees and Commissions for the execution of the Agreement, including the Payment/transfer orders you place and the Transactions you make.
- Fees due to us are payable on their due dates by deducting them from the money stored in the Wallet. Charging your Wallet by reducing your balance is equivalent to the submission of a statement of deduction.
- Periodic fees are charged by us only for the duration of the Agreement. In the case of the Agreement being in force for an incomplete settlement period of a given fee, the fees paid in advance shall be returned proportionally.
- We are entitled to make the amounts of Transactions received available to you less the fees or commissions payable in connection with their completion.
- We send you a fee statement for services related to the Wallet charged during the period covered by the statement once a year to your e-mail address. In the event of termination of the Agreement, we will provide you, no later than within 2 weeks from the date of termination of the Agreement, with a fee statement for the period for which no fee statement was prepared, until the date of termination of the Agreement to your last confirmed e-mail address.
- You can also obtain the terms and conditions, the fee document and the fee statement on paper or on another durable medium upon request by contacting us by e-mail at email@example.com. The fee document is also available on the Website www.payeye.com/tabela-oplat-i-prowizji.pdf
V. Wallet and Transactions
- As part of the PayEye Service, we run the Wallet for you and make Transactions.
- The Wallet is a payment account kept for you, on which you accumulate your funds in PayEye and from which you spend them when ordering Transactions. The funds in the Wallet do not bear interest and do not bring you other benefits.
- We keep the Wallet for you in Polish zloty (PLN), and we make Transactions in this currency.
- As part of the PayEye Service, you can deposit funds to the Wallet and dispose of those funds through:
- withdrawals from the Wallet;
- payment at the merchant;
- PayEye transfers.
- We send you information about Transactions once a month to your e-mail address. At any time, you can submit a request for information about the Wallet and the Transactions performed to the following e-mail address: firstname.lastname@example.org.
- In order to make a Transaction from the Wallet, you must have available Funds in this Wallet not less than the amount of the Transaction and the amount of fees due to us for completion.
- You can check the current balance of your Wallet, including the balance of Available Funds, through the Website.
- The balance of funds on your Wallet cannot exceed the equivalent of PLN 8000. If the completion of the Transaction received by us would result in exceeding this amount, we will refuse to complete the Transaction in accordance with point V.2.4.
V.2. Payment Instructions
- The moment of receipt of the Payment Instruction is the moment when the Payment Instruction was received by us unless we have stipulated otherwise in other provisions of the Terms and Conditions. This applies both to Payment Instructions given directly by you and by or through the Recipient.
- You may not cancel the Transaction you have instructed or withdraw your consent to make the Transaction from the moment we receive your Payment Instruction or, in the case of Transaction initiated by or through a payment service provider, by or through a recipient after you have given your consent to the initiation of the Transaction or after you have given your consent to make the Transaction to the payment service provider.
- After the dates set out in point V.2.2 cancellation of the Transaction or withdrawal of consent to make the Transaction is effective only if agreed with us and in the case of Transactions initiated by the payment transaction initiation service provider also with the relevant payment transaction initiation service provider. In the case of Transactions initiated by the payment transaction initiation service provider a payment transaction, by or through the Recipient, the cancellation of the Payment Instruction or withdrawal of consent to make the Transaction after the deadlines specified in this point shall additionally require the consent of the recipients.
- We may refuse to make a Payment Instruction if you fail to comply with the requirements set out in the Agreement, including the Terms and Conditions, as well as in situations specified by law, including those provided for in the Terms and Conditions. We will notify you at the Website of the refusal to make the Payment Instruction and, if possible, the reasons for the refusal and the procedure for correcting the errors that caused the refusal, unless the notification is inadmissible by law.
- For the proper making of a Transaction, it is sufficient to provide a unique identifier, but you are obliged to indicate the information required in the Payment Instruction form.
- A Payment Instruction shall be deemed made for the benefit of the relevant Recipient if it was made in accordance with the unique identifier indicated in the content of the Payment Instruction, regardless of other additional information given in the content of the Payment Instruction or held by any entity participating in the making of the Transaction. The unique identifier that uniquely identifies the Recipient or his/her payment account is:
- for depositing funds into the Wallet – your technical account number in NRB format;
- for withdrawals from your Wallet – your account number in NRB format;
- for a PayEye transfer – the telephone number of the Recipient.
- Using PayEye Service, you can order Transactions up to the following limits:
Table of limits
- You can change the limits in the Website, but you cannot set limits higher than those indicated in the table above.
- If you have the Wallet, you can use the service of accessing account information or the service of initiating a payment transaction provided by these service providers. When submitting Payment Instructions or other Instructions through an account information service provider or payment transaction initiation service provider, you should ensure that they are in accordance with your will. If you have any doubts as to their correctness you should refuse to authorise the Transaction or to authorise another Instruction and contact us immediately.
- We may deny the service provider access to account information or the service provider initiating a payment transaction access to the Wallet for objectively justified and duly documented reasons relating to unauthorised or illegal access to the Wallet by such provider, including the unauthorised initiation of a Transaction. As soon as the reasons justifying the refusal cease to exist, we will allow the service provider to access your account information or the service provider to initiate a payment transaction to access your Wallet. We will inform you in the Website of the refusal and the reasons for it, at the latest immediately after such refusal, but no later than on the Business Day following the day of such refusal, unless it would not be advisable to provide information about the refusal for objectively justified security reasons or is contrary to the law.
- You may give us your written consent to respond to requests from the payment card-based payment instrument provider to confirm that the amount corresponding to a specific Transaction made on the basis of that card is available in the Wallet.
V.3. Depositing funds into the Wallet
- You can make a deposit to your Wallet at any time by making a transfer to your allocated technical account from your individual bank account. In order for the transfer to be credited by us, the data of the sender of the transfer should be identical to the data we have about you. You will find the number of the technical account used to make the deposit in the Website.
- The funds deposited into the Wallet will be made available to you as soon as your technical account is credited.
In the case of a deposit into the Wallet in a currency other than the Polish zloty (PLN), the funds received on that account will be converted into the Polish zloty (PLN) at the rate applied by the bank maintaining our account on the day of crediting your technical account, provided that it accepts payments in a given currency. The rates used by the bank maintaining our account are not dependent on us and are subject to change without restriction in terms of frequency and scope, and you will not be notified of such changes. The exchange rate table is available at the link https://www.santander.pl/przydatne-informacje/kursy-walut
V.4. Withdrawals from the Wallet
- At any time you can order a withdrawal of funds from your Wallet to your bank account, whose number you have given in the Website and from which you have made at least one deposit to the Wallet that has been properly credited.
- When ordering a withdrawal from your Wallet, you must provide us with your bank account number and the amount you wish to withdraw. We will make the withdrawal order by debiting your Wallet and transferring funds to the indicated bank account.
- We will make the payment from the Wallet by crediting the payment account of the provider maintaining your bank account no later than by the end of the next Business Day after we receive the Payment Instruction. If we receive a Payment Instruction on a day other than a Business Day or after 6 pm on a Business Day, we will treat it as if it had been received on the next Business Day and from that moment on the date of the transfer of funds by us will be counted.
V.5. Payments at the merchant
- If you have registered the Biometric Pattern with PayEye, you can order payments from a merchant.
- You can only make payments at merchants’ outlets that accept PayEye payments – they are marked: “Here you can pay with PayEye”.
- To make a payment with a merchant, you should:
- inform the merchant about the choice of payment using the PayEye Service;
- approve the amount of the Transaction and provide the PIN code in the merchant’s payment terminal, if required;
- enable the merchant to take a picture of your eyes using the PayEye Terminal.
- Allowing the merchant to take a photo of your eyes using the PayEye Terminal and providing the PIN code, if required, constitutes consent to make the Transaction (Transaction authorisation).
- We make payments to the merchant by immediately debiting the payment amount of your Wallet and crediting the Recipient’s payment account.
V.6. Transfer to another user
- At any time you can make a transfer to another user who has a payment account with PayEye using the Website.
- When ordering a transfer to another user, you must provide us with their phone number, user name and the amount you wish to transfer to their account. The user name you provide does not have to be identical to the user data registered by us on the Website. We will make the transfer order by debiting your Wallet and transferring funds to the indicated account of the Recipient.
- The transfer to another user will be made by crediting the Recipient’s payment account immediately.
VI. PayEye security
- You are obliged to comply with the provisions of the Terms and Conditions, including taking the necessary measures to prevent a breach of the Securities, in particular, to store the Securities with due diligence and not to make them available to unauthorised persons.
- You are obliged to properly protect the devices with which you use the Website from access by third parties and harmful software.
- You are required to report to us without delay any loss, theft, misappropriation or unauthorised use or unauthorised access to the Security. Such notification should be made by e-mail to email@example.com.
- We are entitled to block access to the Website or the possibility of ordering Transactions using Security:
- in connection with the suspicion of unauthorised use of the Security or intentionally leading to an unauthorised Transaction;
- for justified reasons related to the Security of the Website and Security, including because of entering an incorrect Password on the Website three times.
- We will inform you before blocking access to the Website or the possibility of ordering Transactions using the Security, or, if this is not possible, immediately after blocking access to the Website or the possibility of ordering Transactions using the Security by e-mail to your address given on the Website, unless we are prohibited by law from notifying you or notification would be unreasonable for security reasons.
- You may at any time request to unblock access to the Website or to order Transactions using Security. You can submit such a request electronically by sending an e-mail to us: firstname.lastname@example.org or in writing to PayEye: ul. Zwycięska 43, 53-033 Wrocław. Access to the Website and the possibility of ordering Transactions using the Security will be unblocked after the reasons for the blockade cease to exist, of which we will inform you by e-mail to your address given in the Website.
- In the event of a serious operational or Security incident that has or may have an impact on your financial interests, we will notify you without undue delay of the incident and of the available measures you can take to mitigate the adverse effects of the incident by sending an e-mail to your address provided on the Website.
- In case of fraud or suspicion of fraud or security threats, we will contact you by e-mail to your address given in the Website.
- You are entirely responsible for unauthorised Transactions ordered from the Wallet, including through a payment transaction initiation service provider:
- to which you have intentionally led;
- made before the notification referred to in point VI.3, to which you have led as a result of a breach of the obligations set out in point VI.1 intentionally or through gross negligence.
- You are responsible for unauthorised Transactions ordered from the Wallet, including through a payment transaction initiation service provider, other than those specified in point 1 above made before the notification referred to in point VI.3, up to the equivalent of 50 euros, resulting from:
- use lost or stolen Security;
- misappropriation of the Security.
- Point 2 above does not apply if:
- you were unable to determine the loss, theft or misappropriation of the Security, except if you acted intentionally, or
- the loss of the Security was caused by any act or omission of Our employee or agent or technical service provider providing Payment Services to Us who is not in possession of the funds that is the subject of the Transaction and is not a service provider for initiating a payment transaction and accessing account information.
- You are not charged for unauthorised Transactions ordered from the Wallet, including through a payment transaction initiation service provider not listed in pointVII.1-VII.2 above. If we have not provided the means for the notification referred to in point VI.3, you will only be charged for unauthorised Transactions that you have intentionally carried out. If we do not require a Strong Authentication, you shall not be liable for unauthorised Transactions ordered from the Wallet, unless you acted intentionally.
- The conversion of the amount in EUR referred to in points shall be made 2 using the average exchange rate announced by the National Bank of Poland on the day when the Transaction is made, and if on that day the National Bank of Poland does not announce the average exchange rate, the last exchange rate announced by the National Bank of Poland before that day shall apply.
- Subject to points V.2.6, VII13 and VII.15 of these Terms and Conditions, we are responsible for the proper completion of your Transactions and are liable for the proper completion of the Transaction received for you, and for Transactions placed by you which are completed to a payment account with another payment service provider, we are responsible for the proper completion of that Transaction by crediting the amount to the account of that payment service provider.
- In the event of a non-completion or improper completion of a Transaction initiated directly by you by crediting the account of the payment service provider of the Recipient for which we are responsible, we will immediately restore the Wallet to the state it would have been if there had been no non-completion or improper completion of the Transaction by returning the amount of the Transaction to you up to the part of the Transaction that was not completed and for which you were charged, with adjusting fees, if any. If we make a Transaction late, acting on your behalf, we will ask the Recipient’s supplier to settle the interest on the Recipient’s payment account as if the Transaction had been completed correctly. We will refund you the amount of a non-completed or improper completed Transaction and, if necessary, restore the debited Wallet to the state that it would have existed if it had not been unduly completed, even if the Payment Instruction is submitted by you to the payment transaction initiation service provider.
- In the event of a non-completion or improper completion of a Transaction initiated by or through the Recipient by crediting the Recipient’s supplier’s account, we will immediately restore the Wallet to the state that it would have been if there had been no non-completion or improper completion of the Transaction by returning the amount of the Transaction to you, with adjusting fees, if any. This obligation does not apply if we prove that the Recipient’s supplier received the amount of the Transaction in question, even if the Transaction was completed late.
- In the event of a non-completion or improper completion of a Transaction received for you for which we are responsible, we will immediately credit your Wallet with the appropriate amount to bring it to a state that it would have existed if there had been no non-completion or improper completion of the Transaction.
- If an unauthorised Transaction for which we are responsible occurs, we will return the amount of the unauthorised Transaction to you as soon as possible, but no later than the end of the Business Day following the day on which the unauthorised Transaction charged to your Wallet was detected or after the date of receipt of the relevant notification, and where applicable, we will restore the debited Wallet to the condition it would have been if there had been no unauthorised Transaction, by reimbursing you for the amount of the Transaction up to the amount for which you are not responsible under these Terms and Conditions except where we have reasonable and duly documented grounds to suspect fraud, and we will inform in writing the authorities appointed to prosecute the crime. Restoring the Wallet to the state, it would have existed if no unauthorised Transaction had taken place is done by returning to you the amount of the Transaction up to the amount for which you are not responsible in accordance with the provisions of the Terms and Conditions, with adjusting of possible fees.
- We will immediately, but no later than the end of the Business Day following the day on which the unauthorised Transaction charged to the Wallet was detected or after the date of receipt of the relevant notification, refund you the amount of the unauthorised Transaction and, where applicable, restore the charged Wallet to the state that it would have existed had the unauthorised Transaction for which we are responsible not taken place, even if the Transaction is initiated through a payment initiation service provider.
- In the event that we return the amount of an unauthorised Transaction to you, in whole or in part, even though you are responsible for the unauthorised Transaction, you must return the amounts received from us immediately. We are entitled to collect the amount to be refunded by deducting it from your Wallet.
- Our liability is completely excluded if the non-completion or improper completion of the Transaction is due to force majeure or the application of legal regulations, including the decisions of competent public administration bodies.
- You may request a refund of a made and authorised Transaction initiated by or through the Recipient if:
- the exact amount of the Transaction was not determined at the time of authorisation, and
- the amount of the payment transaction is higher than you could have expected, taking into account the type and value of your previous transactions, the provisions of your framework Agreement and relevant circumstances.
In the refund application, you should provide facts indicating that the refund conditions have been met. You have 8 (eight) weeks from the date on which your Wallet is debited to make a refund request. The refund application must be submitted electronically by sending an e-mail to us: email@example.com in writing to PayEye( ul. Zwycięska 43, 53-033 Wrocław. Within 10 Business Days of receipt of the return request, we will either refund the full Transaction amount or refuse your request.
- You are obliged to monitor the correctness of the submitted Payment Instructions on an ongoing basis. You are obliged to report to us:
- any unauthorised, non-completed or improperly completed or improperly initiated Transactions found, and
- other irregularities, including identified inconsistencies in the Wallet balance for reasons other than those indicated in item a and this point, together with an indication of the reasons for the notification and their plausibility. You are obliged to report to us any identified unauthorised, non-completed or improperly completed Transactions immediately, no later than 13 months from the date on which the Wallet was debited or the date on which the Transaction was to be completed. If you do not give the notice referred to in the preceding sentence within the 13 month period referred to above, your claims against us in respect of unauthorised, non-completed or improperly completed Transactions will lapse. Irregularities referred to in this point shall be reported by e-mail to the address: firstname.lastname@example.org.
- You may request that we take action to recover the amount of a Transaction you have ordered, made in accordance with your unique identifier, but on behalf of an unintended recipient (but we cannot guarantee the recovery of funds). Once you have submitted your application, we will take the actions required by law, and we will inform you of the outcome of our actions by e-mail.
- You may file a complaint regarding services provided under the Terms and Conditions:
- in writing – in person at PayEye’s headquarters or by post to the address: ul. Zwycięska 43, 53-033 Wrocław;
- orally – personally for the record during a visit to PayEye’s headquarters (ul. Zwycięska 43, 53-033 Wrocław) or by phone at +48 666 959 850
- Electronically by sending an e-mail to email@example.com
- The complaint should include at least:
- the grounds for the complaint;
- your mailing address and, if you request a response to a complaint by e-mail, your e-mail address.
- You are obliged to provide us with explanations and assistance in matters relating to your complaint if the provisions of applicable law do not preclude such explanations or assistance. Any clarification should be provided within seven days of receipt of the request.
- The complaint shall be dealt with without undue delay, but no later than within 15 Business Days of receipt. In particularly complex cases, which make it impossible to consider a complaint and respond within 15 Business Days, this deadline may be extended to 35 Business Days from the date of receipt of the complaint, in which case we will explain the reason for the delay, indicate the circumstances which must be established in order to consider the case and specify the expected deadline for considering the complaint and responding, not longer than 35 Business Days from the date of receipt of the complaint. In order to meet the deadlines, it is sufficient to send a reply before the expiry of the deadline, and in the case of answers given in writing – to post it at the post office of Poczta Polska S.A.
- We will respond to your complaint either in paper form or by e-mail after Agreement with you.
- If you are a consumer, you can use the following out-of-court consumer dispute resolution procedures:
- proceedings before the Financial Ombudsman on the principles set out in the Act of 5 August 2015 on the handling of complaints by financial market entities and the Financial Ombudsman. Detailed information on the proceedings of the Financial Ombudsman, including the rules of dispute resolution, is available at https://rf.gov.pl/;
- proceedings before the Arbitration Court at the Financial Supervision Authority, in accordance with the Rules of the Arbitration Court at the Financial Supervision Authority available at www.knf.gov.pl, where you can find detailed information about the rules of dispute resolution, with the condition that each party to the dispute gives its separate consent.
- We also inform about the existence of the European Online Dispute Resolution platform (ODR) and the possibility of using it for dispute resolution. The ODR platform is available at http://ec.europa.eu/consumers/odr/.
IX. Term of the Agreement
- The Agreement is concluded for an indefinite period of time.
- You can terminate the Agreement at any time by:
- making a written declaration and sending it to our address: ul. Zwycięska 43, 53-033 Wrocław;
- sending a statement in the electronic form to the following e-mail address: firstname.lastname@example.org.
- We may terminate the Agreement with two months’ notice for the following important reasons only:
- if you violate IV.1.4, VI3 of the Terms and Conditions or an obligation to take the necessary measures to prevent a breach of the Securities, in particular, to store the Securities with due diligence and not to make them available to unauthorised persons;
- if you undertake actions or activities contrary to generally applicable laws and regulations which affect the manner of performance of the Agreement;
- if we obtain information from governmental authorities that you have committed or are suspected of committing a crime against property, business transactions, reliability of documents or protection of information using the PayEye Service;
- if you have provided us with false or inaccurate data during registration or have used forged, falsified, counterfeited, or false documents;
- if you repeatedly infringe other than those referred to in point a. the provision of the Terms and Conditions and we will call on you to cease such breach within seven days otherwise you will be in breach of the Agreement and you will again breach or will not cease to breach this provision after the expiry of the period specified by us;
- if our obligation to terminate the Agreement arises under anti-money laundering and anti-terrorist financing laws or other laws.
- We may change the Terms and Conditions for the following important reasons:
- as a result of a change in the legal status, resulting in the need to introduce changes to the Terms and Conditions;
- in the event of a ruling by a common court or the issuance of a decision, recommendation, recommendation or another act binding on us by a public administration body, resulting in the need to introduce changes to the Terms and Conditions;
- in case of a change in our offer due to:
- introduction of new products and services, if at the same time 1) the change of the Terms and Conditions only concerns the introduction of provisions or change of provisions related to those products or services, 2) the use of new products and services will not be obligatory for you, 3) not using them will not involve costs for you,
- improvement of the existing functionalities or services provided by us in order to increase the level of security, protection of personal data or improve the usability of the functionalities or services provided by us, the amendment to the Terms and Conditions may only apply to the introduction of provisions or changes in provisions related to those functionalities or services,
- a change in or resignation from certain functionalities or services provided by us due to further inability to provide a given service or make a given functionality available in its current form caused by 1) termination of the agreement between us and the entity from which we use the services, providing a given service or making a given functionality available, or 2) increase in the costs of providing a given service by at least 2%, caused by the increase in prices of energy, telecommunication connections, operation of an IT system used by us to provide a given service or make a given functionality available, or) a change in the deadlines for the performance of activities by the entities whose services we use, or 3) an amendment to the provisions of law governing the services provided or functionalities made available by us, if the event giving rise to the change took place no more than 3 months before the announcement of the amendment to the Terms and Conditions, or 4) the occurrence of significant threats to the security of services provided under the Agreement or the protection of data processed in connection with the performance of the Agreement – however, the amendment to the Terms and Conditions may be made only to the extent necessary to remove or change these functionalities or services.
- a change in exchange rates in the form of a decrease in the average euro (EUR) exchange rate announced by the National Bank of Poland to the Polish zloty (PLN) below 4.10 or an increase above 5.00, however, an amendment to the Terms and Conditions may only apply to a change in the transaction limits referred to in point V.2.7 of the Terms and Conditions or to a change or amendment of the funds balance limit referred to in point V.1.8 of the Terms and Conditions.
- We will inform you about the proposed changes to the Terms and Conditions by e-mail at the latest two months before their effective date. Until the day before the change comes into force you can:
- terminate the Agreement with effect from the date on which you are notified of the change but no later than the date on which the change would be applied;
- raise an objection – if you have not terminated the Agreement in accordance with item a, it will expire on the day preceding the day of entry into force of the changes.
If you do not object to the proposed effective date of the amendments to the Terms and Conditions, this will mean that you have agreed to the amendments.
- Termination of the Agreement and objection to changes in the Terms and Conditions may be submitted in writing or by e-mail to email@example.com
X. Final provisions
- The Terms and Conditions are available for download at www.payeye.com/regulamin-platnika.pdf.
- The costs of using the means of distance communication are borne according to your operator’s tariff.
- The Agreement, including the relationship between you and us prior to the conclusion of the Agreement and the conclusion and performance of the Agreement, is governed by Polish law.
- The information about the conditions under which the Agreement can be concluded is binding during the period of their availability in the Website.
- The language of the Agreement and the language of communication between you and us is Polish. Unless otherwise stated in these Terms and Conditions, we will communicate with you through the Website, by e-mail, telephone or SMS during the performance of the Agreement.
- You may withdraw from the Agreement without giving reasons and without paying any penalty for this within 14 days of its conclusion. The deadline shall be deemed to have been met if the statement of withdrawal has been sent before its expiry. The a statement of withdrawal should be made in writing or sent by e-mail to the address: firstname.lastname@example.org.
- The authority supervising our activities is the Financial Supervision Authority (contact details: ul. Piękna 20, 00-549 Warsaw, PO Box No. 419; www.knf.gov.pl). The payer and the person to whom we have refused to provide services may file a complaint with the Financial Supervision Authority against our action if the action violates the law.
- If any provisions of these Terms and Conditions prove to be invalid or ineffective in whole or in part for any reason, other provisions of the Terms and Conditions shall remain in force.
- The Agreement is concluded exclusively with you – you cannot transfer your rights and obligations under the Agreement to a third party.
- Any disputes arising in connection with the Agreement and the use of the PayEye service, which are not resolved amicably, shall be settled by a common court of competent local and material jurisdiction.
Appendix to the Terms and Conditions – Table of Fees and Commissions