4.1.  User may use the System only for small electronic payments for personal, family, home, and other needs, but also business purposes not related to commercial sale of goods and services for electronic money.

4.2. Merchant may use the System for commercial purposes in exchange for electronic money. Where the Merchant employs the System outside of commercial purposes, it shall be regarded as a User for the purposes of these Terms of Use.

4.3.  Issuer may use the System for issuing and servicing of electronic money. Where the Issuer employs the System outside of issuance and servicing of electronic money, it shall be regarded as a User for the purposes of these Terms of Use.

4.4.  Dealers may use the Service for accounting and distribution of electronic money. Where the Dealer employs the System outside of accounting and distribution of electronic money, it shall be regarded as a User for the purposes of these Terms of Use.

4.5. Obligations of Center are limited to providing the User with appropriate software tools for management, ownership, and control of electronic money, which is stored in electronic memory of Center’s computer system. Center is not an electronic money institution and neither takes in deposits in exchange for electronic money, nor redeems electronic money in exchange for cash. Center is not a payment service provider and is not an intermediary in transactions of electronic money.

4.6.  Center is not party to transactions between System Members. Center is unable to monitor commercial relations between System Members and bears no liability for quality, reliability, safety, or consequences arising from the use of goods and services provided by Merchants or any other entity providing goods and services in exchange for electronic money within the System. Center is unable to monitor financial position, solvency, capital adequacy, or regulatory compliance of Issuers on behalf of Users and bears no liability for default of Issuers or their failure to redeem their electronic money.

4.7.  User may not employ the System for actions that are in breach of laws applicable on the territory of European Union. User may not employ the System for acquisition of products or services that incite, induce, aid or otherwise perpetrate illegal activity.

4.8.  Center reserves the right to limit and take all measures necessary to prevent the User’s access to the System without notice and without liability or decline to process on behalf of the User any transaction within the System in case the User employs the System in contravention of para. 4.7 of these Terms.

5.    Operations with electronic money

5.1.  User may enjoy possession and use of electronic money within the System for the purposes and within limits provided by law applicable on the territory of European Union, including, but not limited to, conventions, international agreements, by-laws, regulations, rules, procedures, and orders.

5.2.  User may use electronic money within the System for purchasing of goods and services with a particular Merchant that accepts such electronic money or redeem electronic money in exchange for cash from the Issuer that has issued electronic money into circulation.

5.3.  User’s commands and orders pertaining to electronic money to Center for execution of electronic money transactions shall constitute a one-time irrevocable assignment from User to Center.

5.4.  User may use System website under this Privacy Policy, which constitutes an integral part of these Terms. 

5.5.  Where the User employs the System for commercial purposes, it shall be regarded as a Merchant. Merchants may employ the System only in accordance with conditions of use of a Merchant Interface.   

6.     Limit placed on nominal value of electronic money

6.1.  The nominal value of electronic money, issued by a single Issuer,  in possession of a single User at any time and available for use on a single memory storage unit shall not exceed 150 EUR or its equivalent in other currency.

7.      Center’s Liability to the User

7.1.  Center is not liable to the User or any third party for either direct or indirect damages or loss of profits arising from: 
(a) faults, errors, and failures of its software and/or hardware that ensures the functionality of the System where such have occurred due to causes not related to the Center;
(b) temporary absence of User’s access to software tools, which ensure the functionality of the System;
(c) limitation of access for reasons provided in para. 4.8. of these Terms; 
(d) illegal activities of third parties, including, but not limited to, Issuers, Merchants, and Dealers; 
(e) actions undertaken by third parties in connection with unauthorized use of User’s access codes or electronic money; 
(f) computer viruses or other harmful software or hardware which the User employed to access the System;
(g) improper information provided by the User for documents used within the System, including documents used for execution of electronic money transactions; 
(h) User’s failure to adhere to these Terms or follow recommendations or instructions for using the System available at Service website; 
(i) Center’s failure to perform its obligations where such have been caused due force majeure circumstances, arising after User’s acceptance of these Terms, where such could not have been foreseen or prevented by reasonable means.
In other cases of failure to perform or improper performance of obligations under these Terms, the Parties shall be liable for breach thereof under the laws of Republic of Latvia.

7.2.  Center makes no express or implied warranties or representations with respect to suitability, reliability, or applicability of any of the services offered within the System or at System website.

8.     Tariffs and Fees

8.1.  Tariffs and Fees which shall be charged by the Center for provision of its services in accordance with the following Fee Schedule, made available for review at System Website.        

9.     Settlement of disputes

9.1.  Where a dispute and disagreement arises under these Terms, the User shall communicate its concerns in writing via postal service or email to the following address: 
SIA Digimoney
Republikas Laukums 3-703
Riga Latvia
LV-1010
info@webmoney.eu

9.2.   In case where a dispute or a disagreement arising under these Terms is not resolved during a period of 30 (thirty) working days from the moment of Center’s receipt of User’s filing of a corresponding written application, either Party may refer the settlement of the dispute to the court of law.

9.3.  The place of performance of these Terms and any obligations arising therein shall be Center’s legal address. These Terms shall be governed by the laws of Republic of Latvia and shall be subject to the exclusive jurisdiction of the Court of Republic of Latvia.

10.   Miscellaneous

10.1. These Terms are rendered in English language and User guarantees that all terms and conditions of these Terms are understood and accepted by the User fully and unconditionally.

10.2. User warrants that he or she is of the legal age to enter into a binding contract with Center and that he or she is a person not barred from receiving services offered by the Center under the laws of EU Member States or other applicable jurisdiction.

10.3. User guarantees that he or she shall not use the System for purposes other than those provided in these Terms or at System website.

10.4. Center reserves the right to assign, subcontract, or transfer its obligations under these Terms or any section or part of any section thereof to any third party.

10.5. If any section or part of any section of these Terms shall be found illegal or unenforceable, this shall not affect the validity and enforceability of the remainder of these Terms. Any delay or failure to enforce or pursue any remedy or right arising under these Terms shall not be deemed to be a waiver of that remedy or right.

10.6. These Terms constitute an entire legal agreement between User and Center and entirely replace any prior agreements, arrangements, warranties or promises in any other agreement, whether written or oral.