Rocken System Terms and Conditions

This document (hereinafter — the Terms and Conditions) contains the principal provisions pertaining to the operation of the Rocken System and working in this System. System Services are provided, where applicable, by one or more of the following companies (hereinafter called the “Administrator”) depending on the services provided to the Customer:

PAYEAN FINANCE INC., a company incorporated under the laws of Canada, having registered address at 1631 Dickson Avenue, Office 1113, Kelowna, British Columbia, Canada, V1Y0B5 and registered number BC1333355, registered as Money Service Business (MSB) by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) with the registration number M21940685

and

PAYEAN UAB, a company incorporated under the laws of Lithuania, having registered address at Gedimino Ave., 44A-201, Vilnius, Lithuania and registered number 306061130, registered as Depository virtual currency wallet operator and Virtual currency exchange operator and regulated by Lithuanian Financial Crime Investigation Service.

The Terms and Conditions define the principles and conditions on which the Administrator – provides the Customers with an access to the System Services, charging Fees as per the agreed Rates, and a Customer shall use the System and its Services in accordance with these Terms and Conditions and the Internal Policies.

These Terms and Conditions are the Administrator’s official public offer intended for eligible parties regarding the opportunity to use the System and its Services.

Pertaining to any and all matters not provided for in the Terms and Conditions, the Administrator may regulate such matters on the basis of its Internal Policies providing information regarding such Internal Policies on the Website. Acceptance of these Terms and Conditions means the Customer’s consent with all provisions of both the Terms and Conditions and the Internal Policies.

The content of the Website is provided on an “as is” basis for information purposes only. The Administrator shall not make any guarantees, representations or warranties both express or implied, that the content of the Website is accurate, up-to-date, and complete and/or can be used as a basis for any action or inaction.

Unless the context otherwise demands, words importing any gender shall be interpreted to mean any or all genders.

• for PAYEAN FINANCE INC.:
  • for communication by mail: PAYEAN FINANCE INC., 1631 Dickson Avenue, Office 1113, Kelowna, British Columbia, Canada, V1Y0B5;
  • for communication via email: [email protected];
• for PAYEAN UAB:
  • for communication by mail: PAYEAN UAB, Gedimino Ave., 44A, Vilnius, Lithuania;
  • for communication via email: [email protected].

1. comply with the provisions of the Terms and Conditions and the Internal Policies;
2. provide accurate, complete and up to date information during the Registration in the System, the Verification and at any request of the Administrator due to the Terms and Conditions and the Internal Policies;
3. not allow any third parties to use the Customer’s Account;
4. take all reasonable measures to keep the Authorization Details secret and not to disclose them to any third parties. The Customer shall assume full responsibility for the security of the Authorization Details and for all the risks related to their loss, theft and/or compromise;
5. immediately notify the Administrator via contacting the Customer Care when discovering the Transaction carried out without permission of the Customer, unauthorized access to the personal information, or loss of the Authorization Details;
6. use fully operational device with Internet access;
7. not use any malicious software on their computer (or any other data carrier); use only licensed software; work with the System on a computer that has the following installed: antivirus software with the database updated to date, the updated version of a browser, all the necessary updates for the operating system and the software;
8. not use the System to carry out the Transactions aimed at obtaining illegal profit or tax evasion;
9. not use the System for any purposes that violate laws of the country of the Customer’s residence, including attempts to carry out Prohibited Activities;
10. ensure that the Funds balance in their Wallets is not negative;
11. undertake full responsibility for any cancelled, invalid, and disputed Transactions, and for any Chargebacks;
12. not make the Transactions to/from the Shell Banks.

The Applicant willing to create the Account shall complete the Registration: to fill out the registration forms on the Website, to provide the registration details and to accept these Terms and Conditions by clicking the “Register” button.

Once the Applicant accepts these Terms and Conditions, it shall be deemed a multilateral agreement of the Parties.

During the Registration the Applicant shall provide the following registration details to the Administrator:

• Name;
• Surname;
• Email address;
• Password.

By accepting the present Terms and Conditions, the Applicant declares that they are acting on their own behalf only and not acting on behalf or in the interest of third parties.

When undergoing the Verification in order to gain the full access to the System Services, available to the Verified Accounts, the Customer shall provide the following data to the Administrator:

• An image of a valid ID document issued by an authorized state body, containing a unique identification number and the Customer’s photo, the Customer’s name and surname, the Customer’s date of birth, the date of issue of the document;
• The Customer’s mobile phone number;
• Liveness check;
• Proof of address;
• The Internal Policies may require the Customer to disclose information on the purpose of the Account creation, source of wealth, occupation and name of employer;
• To identify the Customer and manage fraud, the Administrator may demand that the Customer undergoes authentication with the use of videoconference, including the use of third-party services.

An individual also undergoes the Liveness Check procedure. During the Check, the System determines if it is interacting with a real person whose documents were submitted for the Registration and Verification.

To verify the phone number indicated by the Customer in the System, the Administrator shall send an automatically generated one-time password to the indicated phone number that should be entered on the Website.

If the data subject to clause 4.5. is not provided or proved to be unreliable, incomplete, outdated in full or in part, the Verification shall be deemed failed.

The Verification shall usually be performed within 24 hours after the Customer has provided the requested data. The Verification may exceed the period of 24 hours, in case the Administrator has a reasonable ground to perform the enhanced due diligence.

The Verification shall be deemed completed at the moment the Customer receives the confirmation from the Administrator via the email or via the phone number provided by the Customer in the System at the choice of the Customer. Once the Verification is completed, the Customer may use the full scope of the System Services available for the Verified Accounts.

The Customer shall notify the Administrator about any changes in the data provided for the Verification in a timely manner and provide up-to-date data as soon as reasonably possible.

The Administrator may ask the Customer at any time and at its discretion to confirm that the documents and data provided by the Customer are accurate, complete and up-to-date and/or to provide additional supporting documents and/or data within 14 days.

If the Customer fails to provide requested documents and/or data within the period provided for by clause 4.12., the Administrator may:

• Cancel the Account Verification;
• Apply the Suspension of Account.

Once the Applicant completes the Registration, the Account is created, and the Applicant becomes the Customer.

The Customer may create separate Wallets for the different currencies available for use. All the Funds transferred to the Customer’s Account are stored in the Wallets in corresponding currencies.

The Funds can be kept in the Wallet for an indefinite period of time except for the cases provided for by Section 14 for the unclaimed funds, and no interest is charged or incurred for any Funds kept in the Wallet.

Certain limits may be applicable to the Wallet in respect to replenishment of the Funds, payments and withdrawals of the Funds, depending on the Customer’s status, Type of Wallet, and other factors that the Administrator may take into account. These limitations are determined in accordance with these Terms and Conditions and are available on the Website.

To create the Account, an individual must be 18 years or older, acting in full capacity in accordance with their national laws. By creating the Personal Account, the Customer declares that they have reached the age of 18, the Administrator may demand that the Customer files a confirmation of their age at any time.

Accounts may not be created for citizens from the sanctioned countries and the countries that are not supported by the System. The Customer may create the Account only if this does not contradict to the provisions of the laws of the country of the Customer's permanent residence or registration. By creating the Account, the Customer declares and guarantees to the Administrator that opening of such an Account by the Customer does not violate any laws or regulations applicable to the Customer. The Customer shall compensate the Administrator an amount of all losses incurred by the Administrator if the Customer violates provisions of this clause.

The information on the Customer’s Transactions with the Funds and use of their Wallet is recorded and kept by the Administrator for the duration of the effective term of these Terms and Conditions and for a period of 5 (five) years after these Terms and Conditions are terminated and the Account is closed.

By making the new Transaction resulting in the change of balance of the Funds in the Wallet, the Customer confirms the Wallet balance. The Customer’s confirmation is expressed by clicking the appropriate button confirming the new Payment Order.

An access to the Wallet and any Transactions involving the use of the Wallet are only available upon the Authorization.

The Login is generated by the System by default from the email indicated by the Customer upon the Registration or changed upon the Customer’s request sent to the Customer Care. The Password shall be generated by the Customer independently. The Login and Password shall be used for the Authorization and can be changed at any time.

The Customer is responsible for keeping the Authorization Details confidential. Any actions related to the Account performed with the use of the valid Authorization Details shall be considered to be actions performed by the Customer.

In case the Customer fails to enter the Authorization Details 3 times, the Account shall be suspended. To recover the access to their Account, the Customer shall contact the Customer Care.

In case the Customer loses the Authorization Details, the Customer shall contact the Customer Care and request to recover the access to their Wallet.

In order to recover the access to the Account:

1. The Customer requests the link to be sent to the email provided by the Customer in the System;

2. In case the Customer has verified the mobile number, the Customer receives a digital code via SMS and enters the received code on the Website available by the link sent to the Customer’s email indicated by the Customer in the System.

The Customer may close the Wallet at any time by contacting the Customer Care. Closing the particular Wallet does not lead to the Account closure.

The Customer is restricted from registering multiple Accounts. Otherwise, the Administrator shall have the right to automatically mark such Accounts as fraudulent and suspend the provision of the System Services to all such Accounts.

The Customer may replenish and/or withdraw the Funds from their Wallet by logging into their Account on the Website and following the relevant instructions for the Wallet replenishment and withdrawal. The ways of the Wallet replenishing may vary depending on the location of the Customer. The currently available methods of replenishment and withdrawal are available on the Website.

The Wallet replenishment and withdrawal of the Funds are the payment services provided by third parties; therefore, they are not a part of the System Services.

The replenishment and/or the withdrawal of the Funds from the Wallet is carried out in accordance with the procedure set forth in the Terms and Conditions, the Internal Policies, policies of third parties that provide services, and applicable law.

The Administrator may restrict the range of the Wallet replenishment and withdrawal methods for certain categories of Customers depending on the degree of risk of the activity and/or transactions of the Customer. Specific restrictions are available on the Website.

When the Wallet is replenished by third parties, all rights and responsibilities pertaining to the Funds credited to such a Wallet shall be the Customer’s. Such Transactions made by the third parties are considered by the Parties as activities by a third party on Customer’s behalf and for the Customer’s benefit.

The Administrator sets the limits for the Wallet replenishment for the security reasons. The Customer may view the limits in the Customer’s Account profile upon choice of one of the replenishment methods available.

Additional fees may be charged by the third parties for the Wallet replenishment or withdrawal, depending on the method of the replenishment or withdrawal.

A Transaction is carried out on the basis of the Customer’s Payment Order electronically with the use of the Wallet.

When the Administrator receives the Payment Order to transfer the Funds from the Customer’s Wallet, the Administrator identifies the Customer using the Authorization Details. In some cases, the Administrator may demand that additional identification procedures should be completed before the Payment Order is fulfilled.

All the Transactions carried out with the use of the Authorization Details of the Customer shall be considered to be the Transactions carried out by the Customer unless the Administrator is notified on the unauthorized or fraudulent use of the Account in accordance with the clause 3.4.5.

The Transaction not exceeding the applicable limits set for the Wallets shall be performed without undue delay not later than 24 hours after the Payment Order is received by the Administrator. The timing of the Transaction that depends on third-party financial services is determined in accordance with the policies of such third parties. The Administrator shall not be liable for the delay caused by the fault of the third parties.

The Administrator may send the notifications to the Customer via the email address indicated by the Customer in the System on the Transactions executed with the use of the Account by default. The Customer may disable the notifications in the Account on the Website.

The Administrator may restrict the list of payees of the Funds for certain categories of the Customers depending on the degree of risk of the activity and/or transactions of the Customer. Specific restrictions are available on the Website.

Existing limits on the amount of the balance of the Funds in the Wallet and amount of payments applicable to different statuses of the Accounts and categories of the Customers, depending on the level of risk associated with the Customer’s activities, and/or transactions are available on the Website.

The Customer may choose a method for the withdrawal by creating a request for the withdrawal of the Funds from their Wallet. During the withdrawal of the Funds, the Customer may be requested to provide comments, additional information or documents. For the withdrawal of the Funds, an amount of the Funds in the Customer’s Wallet should be sufficient to cover the Fees for the withdrawal of the Funds.

To replenish the Wallet with the use of a bank card, the Administrator may request the Customer to undergo the verification procedure “Know Your Customer” in accordance with the AML Policy.

The Customer shall be entitled to exchange the currency contained in their Account for the other available currency within the System at the exchanged rates indicated in the System.

The Customer shall be entitled to transfer the Funds between their Wallets within their Account or to the Wallets of other Customers’ Accounts within the System.

The Customer may download the electronic reporting documents on the executed Transactions for any period of time at their own discretion in their Account free of charge.

All the Transactions executed by the Customer using the System are final and are not subject to disputes, revisions or cancellations, with the exception of the Wallet replenishment Transactions performed using the external systems that have been classified as fraudulent.

When the Customer loads their Wallet with a card, the following refund rules apply. If the Customer completed the card verification and received the Funds to the Wallet, the card Payment becomes non-refundable. If the card verification is not completed, the pending card Payment is dropped automatically. The Customer’s bank may need several business days (usually 2 to 14) for the Funds to return to the card balance.

The Administrator shall charge the Fees for the Services provided to the Customer.

The amount and procedures for charging the Fees are available on the Website.

The Administrator may unilaterally change the Fees rates. Such changes and amendments shall come into effect from the day that such changes and amendments are published on the Website.

All Fees are calculated in the currency of the Transaction and rounded off to the nearest whole cents.

The System Services provided to the Customer by the Administrator are not subject to VAT or any other turnover taxes.

All the applicable Fees are charged from the Customer’s Wallet by the Administrator upon the completion of the Transaction subject to the Fees, or at the moment when the Administrator has substantiated grounds to charge the applicable Fees.

If the current balance on the Wallet is not sufficient to charge the applicable Fees, the Administrator may reject the Transaction and request the Customer to pay the applicable Fees.

In the event of failure to comply and/or improper fulfillment of the obligations under these Terms and Conditions, the Parties shall be responsible in accordance with the provisions of these Terms and Conditions, the Internal Policies, and the applicable laws.

If the Customer delays the fulfilment of any obligation in the monetary form as set forth in these Terms and Conditions, the Customer shall pay to the Administrator a penalty fine in the amount of 0.1% (one tenth of a percentage point) of the amount of such delayed funds to be transferred to the Administrator for every day of such delay. The Customer shall pay to the Administrator the penalty fine as specified in this clause of the Terms and Conditions within 3 (three) business days after the date the Customer receives a relevant request from the Administrator in writing or electronically. The Administrator has the right, but not the obligation to send a penalty fine payment request.

The Customer shall repay to the Administrator the damages incurred as a result of any damages charged from the Administrator due to the Customer’s violations of the applicable laws when using the System on condition that the Administrator can provide the relevant documents that confirm the amount of the damages incurred by the Administrator.

The Customer shall be responsible for all the Transactions accounted for in the Wallet, including any Transactions with the use of bank payment cards. These Transactions shall also include the Transactions executed by the third parties that have access to the Customer’s Wallet.

The Customer shall take full responsibility to get acknowledged with the current legislation of the Customer’s residence, regulating the Account opening and money transfer Transactions via the System. The Administrator shall not be liable for any breach of the national laws by the Customer resulted from the use of the System. If the Customer’s use of the System and Services contradicts the laws of this Customer’s jurisdiction, such Customer should immediately stop using the Services.

The Customer shall take full responsibility for all the risks related to the use of the Internet during the Customer’s interaction with the Administrator, other Customers and third parties.

The Customer shall not undertake any activity that misleads other parties about the Services offered by the Administrator, which can directly or indirectly damage the Administrator’s reputation, including, but not limited to, impersonating themselves as representatives of the Administrator in any way or context, providing false data related to the System including, but not limited to, falsifying transaction IDs, wallet IDs and any other data such as text, screenshots, or any other media, creating clones of the Administrator’s Website, and other similar activities. In case of violation the Administrator reserves the right to suspend the Customer’s Accounts, freeze the Funds for the period of investigation, and limit the usage of the System in other ways. The Administrator also reserves the right to pursue legal action in courts of applicable jurisdiction, including cases when this rule is violated by other parties that are not the Customers of the Administrator.

The Customer shall protect the Administrator’s interests, reimburse the Administrator’s losses and pay compensations to the Administrator as well as indemnify the Administrator and its affiliates against any claims or damages, costs or expenses (including expenses for legal support, penalties or forfeits) resulting from violation by the Customer of these Terms and Conditions or any applicable laws or regulations and/or use of the System. This provision shall survive termination of the relations between the Parties.

If, through the Customer’s fault, a completed Payment serves as a ground for a payer to file a claim to the Administrator for protection of their violated right, the Administrator may demand that the recipient of the Funds reimburses losses resulting from collection of funds or other property from the Administrator to the benefit of the payer.

The Administrator shall have no responsibility to the Customer:

1. If the Customer transfers their data to any third parties, for deliberate provision of access to their Account in the System, or any other violation of the confidentiality of the Customer’s information caused by the Customer’s fault;

2. For illegal activities of any third parties, including those related to the use of the Customer’s registration data and the Customer’s email or the Authorization Details;

3. For presence of any viruses or any other malicious software in the hardware and software used by the Customer to access the System;

4. For any disputes pertaining to any transactions between the Customers made via the System;

5. For violation of the current legislation by the Customer in relation to the use of the System as well as for the complaints pertaining to the Customer from tax, regulation, and law enforcement authorities regarding any reporting documentation or taxation in relation to the Customer’s transactions involving the System;

6. If the Customer does not have access to the software or hardware that ensure the use of the System;

7. If the Customer cannot be reached by using the Contact Details filed thereby, particularly, due to the reason that the Customer filed unreliable data or fails to update such data in a timely manner;

8. For any payment services provided to the Customer by third parties;

9. For any actions taken by third parties whose websites the Customer visited following a link or information provided on the Website;

10. For temporary inoperability of the System, malfunctioning and errors in the operation of hardware or software (including disconnection or damage of electricity supply and communication networks, software malfunctioning, interruption of mail services, Internet provider’s, payment system operations, disruption in other lines, channels and/or networks that are provided, offered or serviced by third parties, etc.), occurred not through the Administrator’s fault; in this case, the Administrator shall not bear responsibility for the Customer’s possible losses.

In the event of loss of the Authorization Details, the System’s locking the Wallet, the Customer’s loss of the Password, the Suspension of Account, or other events that cannot be remedied without the Verification, the Administrator shall have no responsibility if the access to the Account cannot be recovered because the Customer is lacking access to their email, mobile number, or for the Customer’s inability to make actions in accordance with the provisions of clause 5.14 of the Terms and Conditions.

The Administrator shall not be responsible for any damages and losses incurred by the Customer or by any third party as a result of:

1. The Suspension of Account in accordance with these Terms and Conditions or the requirements of the law;

2. Failure to pass the Verification;

3. Incorrect completion of the Payment Orders to carry out the Transactions or completion by mistake;

4. Violation by the Customer of the established procedure for making the Payments;

5. Administrator’s or third parties’ compliance with the legislative or regulative requirements;

6. Failure to read the up-to-date version of the Terms and Conditions or the Internal Policies and other information published on the Website;

7. Impossibility to use a desired payment method at the Customer’s location;

8. Violation by the Customer of these Terms and Conditions or the Internal Policies, as well as the Administrator’s instructions and guidelines.

In any event, the Administrator’s responsibility to the Customer shall always be limited to the amount that does not exceed the amount of the Fees charged to such Customer for a period of the previous 3 months.

The Administrator shall not be responsible for any indirect or consequential damages incurred by the Customer or any third parties, including any loss of profit, loss (forfeit, non-receipt, unsubstantiated spending) of revenue, income, contracts, customers, time, data, enterprise, or reputation.

The Administrator shall provide to the Customer Services “as is” as at the moment, without any express, implied or statutory representations or guarantees.

The Administrator shall use the Contact Details as means of communication with the Customer.

Communication between the Customer and the Administrator is carried out in English.

The Customer may contact the Administrator at any time using the Customer Care chat available on the Website, or by the email [email protected].

The Administrator may inform the Customer on the changes in the Services provided either by sending email notifications or by posting the updates on the Website.

The document flow between the Customer and the Administrator shall be in electronic form via the Account. Moreover, the use of the Authorization Details by the Customer shall be deemed by the Parties a due and sufficient method of the Customer Authentication for the purposes of the document flow as well as for confirmation of authenticity and integrity of the provided electronic document, except for the cases provided for by the Terms and Conditions or the Internal Policies. Entering the Customer’s Authenticated Data shall be deemed by the Parties equal to the Customer’s handwritten signature.

Administrator may send emails to the Customer informing about new features of the Wallet and special offers. By accepting these Terms and Conditions, the Customer agrees to receive such communication. The Customer may unsubscribe anytime.

The Administrator, at its discretion, has the right to unilaterally and without a prior notification of the Customer apply the Suspension of Account in the following events:

1. Objectively justified reasons relating to the security of the Account;

2. Suspicion of unauthorized or fraudulent use of the Account;

3. The activities of the Customer are deemed suspicious or controversial to the Terms and Conditions, other agreements concluded between the Customer and the Administrator, the Internal Policies or the requirements of current legislation;

4. Requirement by a court order or command by a regulatory authority or by any applicable laws and regulations;

5. The Account is subject to a governmental proceeding, criminal investigation or other pending litigation;

6. The Customer fails to confirm that their documents and data are accurate, complete and up-to-date and/or provide additional documents or data upon request of the Administrator in accordance with the clause 4.12;

7. The Customer created multiple Accounts in violation of the clause 5.16;

8. The Customer’s Account is the Dormant Account;

9. Actions of the Customer can harm reputation of the Administrator or might cause losses or other negative consequences to the Administrator.

If the Account holds a balance at the time of its suspension, the Customer shall withdraw the Funds within a reasonable period of time deducting the applicable Fees.

The Administrator shall notify the Customer via the email address indicated by the Customer in the System of the Suspension of Account unless notifying the Customer would be unlawful or the Administrator is at risk of a security threat.

The Administrator shall lift the Suspension of Account as soon as practicable after the reasons for such Suspension have ceased to exist.

The Suspension of Account or termination of the Terms and Conditions does not exempt the Customer from the execution of all responsibilities to the Administrator which have arisen till the Suspension.

The Administrator shall not be liable to the Customer for the Suspension of Account.

The Administrator shall reserve the right to keep and use the transaction data or other information related to such suspended Accounts.

These Terms and Conditions are concluded for an indefinite term and shall be in effect until terminated in accordance with the provisions stated below.

The Customer is entitled to terminate the relations, including concluded agreements, with the Administrator by deleting the Account at their discretion at any time if the Customer does not have any unfulfilled obligations to the Administrator. The Account can be closed by sending the relevant request to the Customer Care via creating a ticket in the System.

After the Customer initiates closure of the Account, the execution of the Transactions with the use of the Account shall be impossible. Any monetary obligations of the Parties created prior to the date of the Account closure shall retain until they are fully executed.

The Administrator may unilaterally terminate these Terms and Conditions, sending the written notification to the Customer no later than two months in advance.

The Administrator shall have the right to terminate these Terms and Conditions and close the Account without prior notification in the following events:

1. In case the Customer objects to the amendments of the Terms and Conditions, the Terms and Conditions shall be terminated on the date the amendments enter into force;

2. At the expiry of the period of three years from the date of the Suspension of Account.

In case any funds remain in the Account of the Customer with whom the Terms and Conditions are terminated, the Customer shall withdraw the remaining Funds within a reasonable period of time deducting the applicable Fees by indicating the payment details to the Administrator.

Should the Account be terminated (closed), the account and transactional information that meet data retention standards will be securely stored for 5 years in accordance with the requirements of the law.

The Administrator may unilaterally amend these Terms and Conditions by publishing the updated text on the Website.

The Administrator shall notify the Customer on the upcoming amendments to these Terms and Conditions no later than 2 (two) months before such amendments come into force. The Administrator shall publish the updated version of these Terms and Conditions on the Website as well as send a notice of change to the Customer’s email. The new version of the Terms and Conditions shall come into force 2 months after its publication on the Website. To avoid contradictions, the Administrator shall specify the effective date of the new version of the Terms and Conditions.

Prior to the effective date of the amendments, the Customer shall either accept or reject them. The Customer shall notify the Administrator of the refusal to accept the amendments to the Terms and Conditions via contacting the Customer Care. In case of the rejection, the Terms and Conditions are to be deemed terminated with such Customer on the date the amendments enter into force.

The use of the Services by the Customer shall be considered as the unconditional acceptance of the updated Terms and Conditions. If the Customer registers with the System after the publication of the updated version of the Terms and Conditions, the relations between the Administrator and the Customer shall be governed by this version.

Any appendixes to the Terms and Conditions shall constitute the integral part of these Terms and Conditions.

Without limitations to the provisions stated in the present Section 15, the period stated in the clause 15.2. does not cover the notification timeframe to any amendments of the Fees applicable to the Services provided by the Administrator. The Fees changes may be applied immediately and without prior notice.

The Parties shall not be responsible for any delays in the performance or non-performance of the obligations, any expenses, including losses, and costs related to complaints by any third parties that may result from any acts of God, acts of civil or military authorities, civil disturbances, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of the Services by a third party by any means, including without limitation, DDoS attacks, software viruses, “Trojan horses”, “worms”, “time bombs” or any other software program or technology designed to disrupt or delay the Services (each a “Force Majeure Event”). The Party experiencing the impact of any Force Majeure Event shall notify the other Party within 10 days after the commencement of such Force Majeure Event.

The provisions of clause 16.1. shall not limit or terminate the Customer’s obligations pertaining to making the returning Payments, as well as payment of any fines, penalties, fees, commissions, returning any goods, or (not) performing any works or services after the Force Majeure Event is over.

These Terms and Conditions and the relations between the Administrator and the Customer arising from them are governed by:

• the laws of Canada for all relations concerning the System Services rendered by PAYEAN FINANCE INC.;

  and

• the laws of Lithuania for all relations concerning the System Services rendered by PAYEAN UAB.

All the disputes between the Parties arising from these Terms and Conditions shall be settled through negotiations. The basis for negotiations shall be either Party’s submitting a written complaint to the other Party. All the complaints and claims shall be reviewed within 30 (thirty) days of their receipt.

In case a dispute cannot be resolved by negotiations within the specified period of time, either Party may apply to a court. The following courts shall have the jurisdiction to settle any dispute arising out of or in connection with these Terms and Conditions:

• the courts of Canada for all relations concerning the System Services rendered by PAYEAN FINANCE INC.;

  and

• the courts of Lithuania for all relations concerning System Services rendered by PAYEAN UAB.

The choice of law and jurisdiction in the clause 17.3. does not affect the mandatory rights of the Customer under the laws of the country of their residence.

The Customer shall not transfer any rights or obligations under these Terms and Conditions to any third party without the prior written consent given by the Administrator.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.

These Terms and Conditions enter into force since the Applicant clicks the “Register” button during the Registration process.

The Customer acknowledges and confirms that all the provisions of the Terms and Conditions are clear, and that the Customer agrees with the Internal Policies available on the Website, accepts them unconditionally and shall comply with their provisions and requirements.