Terms of the Agreement

Master Agreement on Electronic wallet MyProfile

1. Definitions of Terms

1.1 Provider – Money Movers LLC, ID 200274318, address:, N172g Davit Agmashenebeli alley Georgia, Tbilisi, e-mail address - info@mm.ge, website address www.mm.ge, payment service provider registration number 0008-9004;
1.2. System Operator (hereinafter Operator) – Money Movers LLC, ID 200274318, which, in accordance with the legislation of Georgia, independently or together with other legal entities, is authorized and responsible for the operation of the payment system and the development of system rules.
1.3. System Rules (hereinafter "Rules") - A set of rules and procedures for the use of the MyProfile e- wallet, defined by the provider as the system operator.
1.4. User (hereinafter "User") - a natural or legal person, as well as an agent, who establishes a long-term business relationship with the provider in order to open a MyProfile electronic wallet and use payment services.
1.5. Agent - a person who acts on behalf of the provider in the provision of payment services compliant with the " Framework of Agent Agreement" signed with the provider.
1.6. Party/Parties - Provider and Customer individually or collectively;
1.7. Third party - any person other than the user and the provider;
1.6. Party/Parties - Provider and Customer individually or collectively;
1.7. Third party - any person other than the user and the provider;
1.8. Beneficiary - the person in whose favor the payment operation is carried out;
1.9. Payer - a person who issues a payment order and/or agrees to issue a payment order;
1.10. Electronic Wallet MyProfile – (hereinafter “Payment Account” or “Electronic Wallet/E-Wallet”) an electronic money payment tool created by the Provider, which is also a virtual/electronic payment account of a person, containing electronic money managed by the owner of the wallet for the purpose of performing payment operations in accordance with the rules established by the Provider. The e-wallet account is multi-currency and includes the following currency accounts: GEL; USD; EUR RUB;
1.11. Electronic Money - the nominal value of cash received from users for the purpose of payment operations by the provider, which is stored electronically and which is recognized as a means of payment by its issuer ("Money Movers" LLC), users and other persons. The following ratio is established by the provider at all stages of its activity between electronic money and the monetary funds received in exchange: 1 GEL = 1 electronic GEL.
1.12. Payment Instrument - special software in the form of a mobile application and/or web page, through which the user issues a payment order.
1.13. Electronic Money Instrument (the Instrument) - a payment instrument, technical means and/or a set of procedures agreed between the provider and the user, which allows the use of electronic money (hereinafter "the Instrument"); Electronic money instrument - IOS and Android mobile applications and web. Page: www.mp.ge. These tools allow users to use electronic money.
1.14. Card Instrument - a payment instrument, a prepaid card, in which the appropriate payment application is recorded/integrated and through which the payer can initiate a card operation only within the pre-deposited amount (nominal amount of electronic money) (credit limit is not allowed);
1.15. Statement - information about the balance(s) and operation(s) carried out in the electronic wallet;
1.16. Payment Operation - operation of placing, depositing, transferring or withdrawing funds initiated by the user
1.17. Payment Order – an order given by the user to the provider to carry out a payment operation;
1.18. Authorization - the user's consent to perform a payment operation;
1.19. Permanent Assignment - regular transfers/payments in favor of the recipient made from the e-wallet by the provider based on the user's instructions;
1.20. Direct Debit - a payment instrument in which the payment operation is initiated by the payer to deduct (debit) the amount from the payer's payment account, based on the prior consent given by the payer to the payer, the payer's provider or the payer's provider;
1.21. Unique Identifier - a unique combination of letters, numbers or symbols issued by the provider to the user. The unique identifier must be provided by the user to uniquely identify the other user and/or payment account of the latter to perform the payment operation;
1.22. Commercial Exchange Rate - the exchange rate established for the purchase and sale of foreign currency, established by the provider based on the official exchange rate of the National Bank of Georgia;
1.23. Personalized Features - personalized characteristics that the provider provides to the user in order to identify his / her identity or to determine the validity of the use of the payment instrument;
1.24. Special Exchange Rate (hereinafter - Special Exchange Rate) - the exchange rate set individually for a specific customer for the purchase and sale of foreign currency, which is set by the provider based on the official exchange rate of the National Bank of Georgia and the commercial rate;
1.25. Conversion - purchase of one currency for another currency;
1.26. Commission - a fee imposed by the provider for the user to use any product/service, a service fee, the amount and terms of payment of which are determined in accordance with the conditions established by the provider and/or by the agreement signed between the parties for a specific product;
1.27. Application - application by the user to the provider in the form established by the provider, by which the user expresses the desire/consent for the provider to implement and/or suspend/terminate/change the product/service in accordance with the established rules. Consent/statement expressed through a payment instrument has the equal legal force as a material document;
1.28. Business Day - a day (except for Saturdays, Sundays or official holidays defined by the legislation of Georgia) when the provider carries out its activities from 10:00 a.m. to 7:00 p.m. of the same day;
1.29. Operating Day - part of the day from 00:00 to 23:59:59 Georgian time of the same day;
1.30. Provider's Products/Services - use of the provider's products/services, the terms of which are determined by this and/or other agreement signed/to be signed with the customer, which is an integral part of this Agreement;
1.31. The terms used in this Agreement have the meaning of the terms used in the Law of Georgia "On Payment System and Payment Services" and other regulatory documents issued by the National Bank of Georgia.

2. Subject of the Agreement

2.1. The present agreement defines the conditions, the purpose of which is to regulate the business relationship, responsibility and rights and obligations of the parties in the process of using the e-wallet.
2.2. After signing this agreement, the system operator, as e-wallet provider gives the user the possibility of using e- money instrument within the scope of activities allowed by the legislation of Georgia.
2.3. If the user wishes, he/she can request and receive a card instrument, by means of which the payer will initiate a card operation within the amount pre-deposited by him/her to the electronic wallet.

3. Fees and Limits

3.1. Opening and using an electronic wallet is free.
3.2. E-wallet payments and conversions for various products are subject to commission. Information on the amount of the commission is posted on the provider's website - www.mp.ge. In addition, the provider is obliged to additionally notify the user of the commission amount when initiating the payment order.
3.3. The Provider is entitled to unilaterally change the fees. Changes should be reflected on the web page - www.mp.ge.
3.4. The payer/receiver is obliged to pay the fee set by the payment service provider.
3.5. If the payment operation is performed incorrectly due to the user, the provider is entitled to return the money to the user without the commission.
3.6. If the consent to perform a payment operation is given using a payment instrument, the provider is entitled to set a spending limit for operations carried out with this instrument
3.7. In order to reduce risks, the provider is authorized to set restrictions on the user's active operations (transfers, conversions) and to set threshold limits for such operations (maximum amount of one-time transfer, maximum amount of the total amount transferred in a certain period, maximum number of transfers, etc.).
3.8. The electronic wallet has the ability to exchange currency, when exchanging currency, one currency is purchased with another currency. To carry out such an operation, it is necessary to have sufficient funds in the wallet.
3.9. Currency exchange will be carried out at commercial or special rates established by the provider.

4. Opening an Electronic Wallet

4.1. Having passed the identification/verification procedures, an electronic wallet will open for the user. The user is responsible for the accuracy of the information provided by him/her and the authenticity of the documentation.
4.2. During identification/verification, the user is obliged to indicate an active e-mail address. Mail and mobile phone number, which must be identical to the one specified during registration. The mentioned details should be used by the user during authorization and authentication in the electronic wallet.
4.3 Registration and authorization in the electronic wallet can be done by e-mail. At: https://www.mp.ge/ or in IOS and Android mobile applications.

5. The Order and Conditions for Performing Payment Operations in the Electronic Wallet

5.1 It is possible to deposit and withdraw funds in the electronic wallet. The user can deposit funds in his/her wallet in several ways: depositing cash from the cash registers of the provider or its agents, from the self-service terminal, as well as transferring funds from his/her own or another person's bank account or electronic wallet. It is possible to withdraw funds from the electronic wallet both from the cash desks of the provider and its agents, and from ATMs using prepaid cards (if the user uses a card tool). With the electronic wallet, the user can make payments and transfers in favor of various services and goods, including bank account transfer.
5.2. The provider is obliged to make the amount immediately available when the user deposits cash into the electronic wallet.
5.3. If both the payer and the beneficiary are users of the provider, the latter must ensure that the amount indicated in the payment order is reflected in the payment account of the beneficiary and/or that this amount is otherwise available to him/her on the day of receiving the payment order.
5.4 If only the payer is a user of the provider, and the beneficiary is a user of another provider, the system operator is obliged to transfer the amount specified in the payment order to the beneficiary's provider account no later than the next working day of receiving the payment order.
5.5 If the provider is only the beneficiary's payment service provider, it is obliged to reflect the amount credited to its account in the beneficiary's electronic wallet or otherwise make it available to the beneficiary.
5.6 If a non-resident payment system or a financial institution participates in the payment operation, then the provider is obliged to transfer the payment order to the non-resident payment system for execution no later than the next working day after receiving the order.
5.7 If the provider is unable to identify the beneficiary based on the received information, the amount received must be returned no later than the payment order execution deadline, in accordance with the procedure established by the National Bank of Georgia.
5.8 The provider must reflect the amount(s) deposited and/or credited to the user's wallet before 18:00 on the current operating day to the payment account by the end of the current operating day, and the amount(s) deposited and/or credited after 18:00 no later than the next day after receiving the order on the day of operation and/or within the time frame provided by the legislation.
5.9 The provider must process payment orders issued by the user before 18:00 of the current operating day for the transfer of funds from the wallet by the end of the current operating day, and the payment orders issued after 18:00, after its receipt, no later than the next operating day and/or within the deadlines stipulated by the law.
5.10 The moment when the provider receives the payment order initiated by the payer or beneficiary is considered the time of receiving the payment order. If the payment order is received by the provider on a non-working day, it will be considered received on the next working day.
5.11 Processing of a payment order means debiting the payer's payment account by the provider in the amount specified in the order and/or crediting the amount specified in the order to the beneficiary's payment account (if the beneficiary's account is with the same provider) or to the beneficiary's provider's account (if the beneficiary is a user of another provider). Partial processing of the payment order is not allowed, unless otherwise determined by the National Bank of Georgia.
5.12 In order to perform the payment operation, it is necessary for the user to express his/her consent, which implies signing the payment order or expressing his/her consent by authorizing through e- wallet device or placing a card in an ATM and entering a security PIN code or placing a card in a POS terminal/making contactless payments (except for standing orders). When expressing consent to the relevant payment order, the user confirms the accuracy of the data specified in the payment order and the full compliance of the order given to the provider with his will, for which further responsibility rests with the user.
5.13 The user has the right to cancel the payment order given to the provider before the order is processed, if the transfer has not yet been completed. The user understands that in order to make changes to the existing task, it is necessary to cancel the registered task and register a new task.
5.14 In order to confirm the completion of the payment order, the provider is obliged to provide the customer with a special confirmation document in material or electronic form, where the requisites of the payment operation stipulated by legislation will be indicated.
5.15 If it is impossible for the provider to accept, reject and/or process the payment order, the provider must inform the user through the payment instrument.
5.16 The provider has the right to refuse to process the payment order or initiate the payment operation if:
5.16.1. The payment order does not comply with the requirements established by legislation and/or the rules and procedures established by the provider;
5.16.2. The payment order contains inaccurate information/data;
5.16.3. The amount in the electronic wallet for the processing of the payment order, including the commission, is not enough to complete the task and/or the amount specified in the order exceeds the limits established by the provider.
5.16.4. The provider suspects an attempt of performing an illegal operation;
5.16.5. Funds in the electronic wallet are subject to the limitation established by law.
5.16.6. the customer has any kind of monetary obligation towards the provider;
5.16.7. If there is any other defect/circumstance that makes it impossible to perform the task.
5.16.8. If the provider refuses to process a payment order or initiate a payment operation, he is obliged to notify the user about this through a payment instrument or otherwise make information available to him/her as soon as possible, but no later than the deadline for processing the payment order, and indicate the reason for the refusal (except for the cases established by the legislation of Georgia) and provide through the same channel or otherwise make available the procedure for correcting the factual deficiencies that led to the rejectoin, if such information can be provided.
5.17 If the user does not have enough money to carry out the payment operation by the agreed day, the provider has the right to refuse to perform the task, unless otherwise agreed between the parties.
5.18 A rejected payment order shall not be considered accepted, including for the purposes of Clause 5.10 and Article 7 of this Agreement.
5.19 The provider does not have the right to refuse the customer to perform the authorized payment order, except for the cases stipulated by this agreement and the legislation of Georgia.
5.20 In the case of direct debit, the payer has the right to revoke payment order no later than the end of the business day preceding the day agreed for the debit operation. Failure to exercise the said right does not deprive the payer of the right to claim reimbursement of the amount of the payment operation.
5.21 In the cases provided for in subclause 5.27.12 of this agreement, the user has the right to revoke a payment order no later than the business day before the agreed date. In case of expiry of the mentioned term for revocation of the payment order, it is possible for the payer to revoke it in the cases established by the legislation of Georgia.
5.22 The provider is entitled to block a payment instrument on objectively justified grounds related to the security of the same instrument, in case of suspicion of fraudulent and/or unentitled and/or unauthorized use of the payment instrument. The provider is obliged to inform the user about the aforementioned on his phone number or through the payment instrument, indicating the reason for blocking the instrument, no later than immediately after the blocking, except when providing information about the basis of blocking is not allowed for objectively justified reasons related to security, as well as in cases provided for by the legislation of Georgia.
5.23 After eliminating the reason for blocking, the provider is obliged to immediately unblock the payment instrument or replace it with a new payment instrument (in the case of a prepaid card).
5.24 In case of the loss of the payment instrument, its password, disclosure or loss of any code (including in the case of finding it in the hands of a third party), illegal appropriation or unauthorized use, the user is obliged to notify the provider immediately upon discovery of such, through the means of communication specified in this agreement. b) on the basis of which the provider will suspend the payment instrument service; It will be possible to restore its use after the user's application and following the rules established by the provider.
5.25 The provider is obliged to ensure that the blocking/unblocking request from the user and the notification provided for in clause 5.24 of this agreement are received within 24 hours. At the request of the user, the provider is obliged to provide him with proof of receipt of the notification, if no more than 18 months have passed since the receipt of the notification.
5.26 The provider is obliged, upon receiving the user's notification specified in clause 5.24, to immediately prevent/block the further use of the payment instrument so that it cannot be used for payment purposes.
5.27. The user is authorized to issue a standing order payment for the purpose of making regular payments in favor of the beneficiary. The standing order must comply with the following requirements:
5.27.1 When requesting the use of a standing order, the user gives the provider an order (in physical or electronic form) to pay utility or other service fees on the date(s) determined by him/her, to deduct the corresponding amount from his electronic wallet without further consent and transfer it to the recipient's account(s). on
5.27.2 The user has the right to choose a specific or variable date for the performance of the order, and the amount of the order can be both fixed or variable.
5.27.3 The parties agree that the electronic payment document(s) created by the Provider for the procession of a standing order shall have the same legal force as a document printed on paper and confirmed by the signature of a person authorized to manage the electronic wallet.
5.27.4 The provider processes a standing order only if there is sufficient money in the electronic wallet. The provider will not transfer the amount in part.
5.27.5 The priority of a standing order is determined based on the date/time of the initial registration of the task.
5.27.6 The user is obliged, when using the standing order, to always have sufficient balance for transfers/payments in the currency of the amount to be paid on the electronic wallet, taking into account the service fee. In case of not having the amount in the relevant currency, the provider is authorized to convert the amount needed for the transfer from any currency and perform the requested operation.
5.27.7 The user understands that in order to make changes to the existing order, it is necessary to cancel the registered task and register a new task
5.27.8 The user has the right to cancel the order given to the provider no later than the previous working day of the order processing.
5.27.9 The user is entitled to receive information about the performance of a standing order from his/her electronic wallet.
5.27.10 The provider sends information about the status (performance, non-performance, etc.) related to the standing order to the user to the phone number and/or payment instrument. The provider is not responsible for the failure to receive the said message by the user and for any damage caused thereby.
5.27.11 The provider is entitled not to perform the standing order (settlement) in the cases provided for by this agreement and the current legislation of Georgia.
5.27.12 If the payment date of the standing order coincides with a non-working day, the provider is entitled to execute the payment order on the next working day.
5.27.13 The provider is not responsible for the damage caused by the unfulfilled and/or wrongly processed standing order, in the event that the above is caused by the lack of sufficient funds in the user's electronic wallet and/or the user has provided the provider with false information and/or the damage is caused by a third party for any reason .

6. Rights and Obligations of the Parties

6.1. The user is obliged to:
6.1.1. use a payment instrument in accordance with the conditions established for the issuance and terms of use of this payment instrument;
6.1.2. Upon receipt of the payment instrument, ensure safe storage/protection of personalized security features of this instrument, any information, document, password and username provided by the provider for use of the payment instrument; not to disclose the password and/or username to a third party, not to store this data in a computer or any other technical device with which the user connects to the mobile application page, and take all possible measures to prevent its unauthorized use by a third party;
6.1.3 In connection with the service, the user can communicate with the provider using the following means: by sending a message to the electronic wallet instrument, by submitting a written application to the service center; In case of a claim - by submitting a written claim to the electronic wallet tool or service center;
6.1.4. pay the service fee and/or any other fees to the provider, necessary to use the services and various products;
6.1.5. notify the provider in writing about changes and additions to the documents and information provided by him/her to the provider, including information about the founders of the user, changes to the founding documentation, change of the beneficial owner of the user, as well as contact data (legal/current address, phone number, e- mail, etc.) within 5 (calendar) days of such change;
6.1.6. immediately inform the provider about change of residence, transfer of registration to another country, withdrawal from the tax regulations of Georgia, registration in another country or offshore zone, or the occurrence of any other circumstances that substantially change his/her legal/taxpayer status on the territory of Georgia. In the event of the occurrence of any of the given circumstances, the provider will be entitled to terminate this agreement and/or any contract/agreement signed within its scope/basis, with the accompanying legal consequences;
6.1.7. inform the provider in writing about suspension/cancellation of licenses, permits in force at the time of signing this agreement, initiation/completion of the liquidation process and other similar circumstances within 5 (five) calendar days after the occurrence of such circumstances;
6.1.8. immediately notify the provider in writing about change in persons authorized to manage the electronic wallet, conduct operations in the electronic wallet, to receive information about the state of the electronic wallet and/or changes in their authorization and submit the relevant written documents to the provider. The obligation to notify specified in the present paragraph applies unambiguously to all the documents submitted to the provider, with which the user has granted representative powers. Before the submission of the mentioned documents to the service center of the provider, operations in the electronic wallet are performed by the provider on the basis of the previously submitted documents and signature sample;
6.1.9. when opening an e-wallet, provide the provider with information about the user's tax/business status. Also, to immediately inform in writing about the change in the said status;
6.1.10. When performing operations in the electronic wallet, provide the provider with complete, comprehensive and accurate information about the purpose of the operation/payment and submit to the provider any documents requested by him for the performance of the operation, which the provider needs for complete identification of the customer/beneficiary, to determine the content, purpose, type and the compliance with legislation of the operation to be carried out;
6.1.11. In the event that an amount or amounts not belonging to the user were credited to the user's electronic wallet, the user is obliged to immediately, no later than within 1 (one) working day after receiving the information inform the provider of such and to return the mentioned amount to the money transferer, with deduction of commission fee. If the user used the wrongly credited amount, he/she is obliged to compensate it and return it to the sender of the amount without with deduction of commission fee;
6.1.12. if the user mistakenly transferred the amount to a third party, or paid a tax which was not imposed on him and applied to the provider for a refund, the provider will take all possible measures (which are provided for by the rules of the provider and the legislation of Georgia) to return the amount to the payer;
6.1.13. to fully comply with the terms of this agreement and the rules/procedures for using the products established by the provider;
6.1.14. periodically familiarize with the information posted on the provider's website - www.mm.ge and Facebook page, including announcements, changes/additions, read the information letters sent to the electronic wallet tool
6.1.15 make sure that he/she actually enters his/her data;
6.1.16 have the devices and network necessary for communication (including mobile phone, computer, Internet) in working/enabled condition. Otherwise, the provider is not responsible for the consequences/damage caused by failure to do so;
6.1.17 not to trust the messages received by any communication channel/address indicated in the present contract/agreement/appendix and/or submitted to the provider by him/her, the authors of which request the provision/updating of personal and/or other data related to the product/service provided for in the present contract on behalf of the provider, or any other messages. To verify the said messages with the provider, otherwise the provider will be released from any responsibility for the consequence(s) caused by the abovementioned;
6.1.18 The user acknowledges that in case of failure/negligence to comply with the security measures defined by the provider, the provider is released from any responsibility for the result(s) caused by the aforementioned.
6.2. The user has the right to:
6.2.1. receive a statement about the balance in the electronic wallet and the operations carried out;
6.2.2. assign the provider such tasks for carrying out operations in the electronic wallet, which are offered by the Provider and is not prohibited by law;
6.2.3. to use the services/products offered by the provider;
6.2.4. at any time, with a relevant application/agreement, request the provider to terminate a particular product/service, including closing the electronic wallet, provided that the user does not have any unfulfilled obligations (financial or any other) towards the provider regarding a specific product/service;
6.2.5. The user has the right to request the payment service provider to take corrective measures for an unauthorized or incorrectly performed operation, unless more than 13 months have passed since the debiting of the payment account with the amount of the unauthorized or incorrectly performed operation (from the date of the operation) and the user, upon discovering the unauthorized or incorrectly performed operation, notified the provider about such operation, which results in the right of claim of the payer. The user's right to request is not limited by the period specified in the same paragraph, if the provider did not provide information about the payment operation as stipulated by the legislative act of the National Bank of Georgia and/or did not ensure the availability of such information in an agreed form;
6.2.6. If the user reports an unauthorized or incorrectly executed payment operation after the expiration of the relevant period established in clause 6.2.5, after the expiration of this period, the provider is obliged to assist the user in returning the unauthorized or incorrectly transferred amount;
6.2.7. The provider is obliged to compensate the user the amount of the unauthorized or incorrectly executed payment operation.
6.3 The Provider has the right to:
6.3.1. perform the operations allowed by the operator and the applicable legislation within the framework of the system service with the electronic wallet instrument at the request of the user;
6.3.2 require from the user submitting information and documentation and/or additional information or documentation necessary for using an electronic wallet in order to open the mentioned product.
6.3.3. In order to verify the user, obtain the user's identifying data and documents from the electronic databases of the State Services Development Agency or from other reliable independent sources;
6.3.4. If necessary, request any information and documents from the user (for example, information about the founders of the user, the beneficial owner, etc.), including the operation(s) performed and/or to be performed by the user;
6.3.5. To store the user's correspondence (both physical and electronic, telephone records and information obtained by any other means of communication) with the provider. In addition, the user confirms that the data (information) specified in this paragraph may be used by the provider as evidence, it is the property of the provider and has legal force;
6.3.6. Unilaterally change the terms of this Agreement, including the service fee. The customer should be informed about the above 30 calendar days in advance. The change will be deemed to be agreed with the customer, if the user does not notify the provider that he/she does not agree with the changes before they take effect.
6.4. The provider is obliged to:
6.4.1. make available to the user information about his/her payment accounts through the electronic wallet instrument;
6.4.2. carry out operations in a timely manner and with accurate observance of the information provided by the user, and to comply with the applicable legal requirements during their performance;
6.4.3. The provider is obliged to identify and verify the user, monitor the transactions executed from the electronic wallet in accordance with the requirements of the law of Georgia "On prevention of money laundering and funding of terrorism", the legal acts issued by the Financial Monitoring Service of Georgia and the National Bank of Georgia on its basis.
6.4.4. take all measures to ensure the security of the electronic wallet instrument and to prevent improper use;
6.4.5. not to make the personalized features and facilities of the electronic wallet instrument available to persons other than the owner of the tool;
6.4.6. assume all risks related to the transmission of the electronic money instrument and/or its personalized security features and means;
6.4.7. inform the user on and demand full compliance with the security rules of the electronic wallet instrument;
6.4.8. immediately reflected in the e-wallet statement any transaction made by the user through the e-wallet tool with indication of the specific fee;
6.4.9. upon request of the user, provide the user with a statement from the electronic wallet and/or any other information about his/her payment account and operations carried out on the account; The statement must include: e-wallet number, currency, balance at the beginning of the statement period, amount of operations performed, date, time and place of processing of operations, balance at the end of the statement period, amount of commissions paid for each performed operation, if the performance of the payment operation is related to currency conversion, the exchange rate of the currency used to perform the payment operation and the amount obtained as a result of conversion and the currency, the date of receipt of the payment order;
6.4.10. upon request, to provide the user with information about the commission fee and current limits for the service;
6.4.11 respond to the message sent by the user to the provider through the electronic wallet tool within 2 (two) working days. If the mentioned period is not enough for the provider, he is obliged to inform the user of the date of the response;
6.4.12. comply with the terms of this agreement;
6.4.13. The provider's supervisory authority is the National Bank of Georgia, whose website address is www.nbg.gov.ge. The National Bank of Georgia is not responsible for untimely fulfillment of the obligations assumed by the provider.

7. Liabilities of the Parties

7.1. For non-performance or improper performance of the duties under this agreement, the parties shall be liable according to the rules established by this agreement and the current legislation of Georgia;
7.2. The user is prohibited from using the services provided for in this agreement for illegal purposes;
7.3. According to this agreement, fulfilling the requirements related to the refundable amounts of the parties based on the payment operations does not limit the right to request other compensation based on other agreements concluded between the provider and the user and/or the legislation of Georgia.
7.4. The Provider is not Responsible for:
7.4.1 the consequences (including the consequences of non-fulfilment of obligations by the user to any person), if this is caused by:
7.4.1.1. carrying out of an operation at the request of the user;
7.4.1.2. the inaccuracy and/or incorrectness of the information provided by the user to the provider (including the information specified in the payment order or any other document submitted to the provider);
7.4.1.3. failure to exercise the rights granted to the user by this agreement by the user of;
7.4.1.4. malfunction of computer, telephone device and/or other devices and payment instruments (their parts and accessories), software belonging to the user or any other person; reasons caused by the internet provider, telecommunications operator and/or any other person;
7.4.1.5.any restrictions imposed on the territory of the state where the beneficiary's (addressee's) service provider and/or intermediary bank/provider operates, which prevents and/or completely or partially blocks/refuses the receipt of funds;
7.4.1.6. blocking, detaining/cutting the transfer operation and/or the amount to be transferred or its part, based on the requirements established by Law on Prevention of Money Laundering and Funding of Terrorism and/or other reasons;
7.4.1.7. failure to process or incorrect processing of a payment order, caused by incorrect information specified in the payment order submitted by the user;
7.4.2 performing or incorrect performing of a payment operation after incorrect submission of the unique identifier specified by the user.
7.4.3 If the payer provides the provider with a unique identifier along with other additional information, the provider is only responsible for performing the payment operation based on the unique identifier provided by the payer.
7.5. Liabilities of the User:
7.5.1. If the user refuses to take the security measures offered by the provider, the user is fully responsible for the consequences.
7.5.2. The user is fully responsible for the damage related to the unauthorized payment operation, which is caused by his/her criminal act, as well as his intentional or negligent failure to fulfill the obligations specified in subclause 6.1.2 of this agreement. In this case, the maximum amount of liability defined in clause 7.5.3 does not apply.
7.5.3 The user is responsible for the damage caused by the stolen or lost payment instrument or its illegal appropriation or illegal use, arising as a result of an unauthorized operation, not exceeding 100 GEL, unless one of the following conditions is met:
7.5.3.1. It was impossible to detect the theft, loss, illegal appropriation of the payment instrument by the user before the operation;
7.5.3.2. The loss was caused by the action or nonaction of the payment service provider, its agent and/or outsourcing company.
7.5.4 The user is not responsible for the stolen, lost, illegally appropriated or illegally used payment instrument, as well as for the damage caused by unauthorized operation caused by the security measures of the instrument or personalized security means, taking into account the following cases:
7.5.4.1. if the operation was carried out in accordance with the terms stipulated in the agreement, after receiving the notification by the provider, if this damage is not caused by a criminal or intentional act of the user;
7.5.4.2. If the provider did not ensure receipt of the notification and this damage is not caused by a criminal or intentional act of the user.

8. Statements and Warranties of the Parties

8.1. The user declares and confirms that:
8.1.1. When signing the present agreement, he/she is not under the influence of mistake, deception, violence or threats used against him/her;
8.1.2. He/she has not participated and does not participate in any legal process (as a plaintiff, defendant or third party), thereby endangering the fulfillment of the user's obligations;
8.1.3. He/she is fully familiar with and agrees to the conditions defined by this agreement. Also, is informed about the conditions of using the relevant product/service and all possible financial costs and agrees to sign this agreement and any kind of agreement/contract to be signed within its framework/on its basis;
8.1.4. He/she will not refuse to fulfill the obligations stipulated by this agreement and any agreement/contract concluded on its basis/within its scope, nor will he/she transfer his/her obligations to a third party;
8.2. The user acknowledges and confirms that any message/order sent to the provider by means of a payment instrument (whether it is a payment order or others), any application/request to open/close a wallet and/or cancel registered services/products and/or make changes to them, accept (confirm) the product offered by the provider, changes in user data and any other application/request) have the same legal force as a document printed on paper confirmed (in writing and signed) by a person authorized to manage the electronic wallet.
8.3. The user acknowledges that in order to protect the security of his/her information and operations, as well as to receive/confirm any product offered by the provider through the electronic wallet tool, the provider is entitled to create additional mechanisms/requirements for user identification/verification.
8.4 By signing this document, the user gives the provider the right to search, verify, process and store his/her personal data for smooth service provision which also includes searching for information about his/her accounts with gambling operators, searching for accounts/balances and loan obligations in banks, microfinance organizations and other financial institutions. Finding balances and accounts with mobile operators and utility billers, finding fines and taxes with the Revenue Service, the Ministry of Internal Affairs, the National Enforcement Bureau, the Pension Agency and other private or public organizations. It has been explained by the provider that the sole purpose searching for the abovementioned information is to offer a comfortable, flexible and complete service platform to the user in a single space. The user is aware that any type of information obtained on him/her is strictly protected by the provider and it guarantees absolute confidentiality within the scope of the law.

9. Confidential Information, Secrecy, Personal data

9.1. Any kind of information (written/oral/electronic) transferred by the parties to each other is confidential information and its disclosure and/or transfer to third parties is not allowed without the prior written consent of the parties.
9.2. Confidential information, the disclosure of which is mandatory based on the legislation of Georgia, will not be considered confidential.
9.3. Confidentiality requirements are not limited in time.
9.4. In case of breach of confidentiality by the parties, the damage caused to the other party is subject to compensation in full.
9.5. No one has the right to give access to confidential information, to disclose, distribute or use for personal purposes information about the user's electronic money, as well as the operations carried out (including in case of an attempt to carry out an operation). Such information can be provided only to the state bodies and persons defined by the legislation of Georgia
9.6. Clause 9.5 of this article does not limit the provider to transfer the information related to the payment operation to the relevant payment system, the operator and the relevant provider.
9.7. The provider is obliged to ensure the development and implementation of appropriate security measures in order to protect the confidentiality of information.

10. Force majeure circumstance

10.1. The parties are exempted from liabilities for the complete or partial non-fulfillment of obligations in case of force majeure circumstances, during which it is impossible for the party to fulfill the obligations provided for in the agreement.
10.2. Force majeure means circumstances that did not exist at the time of signing the contract, the occurrence and impact of which the parties could not avoid, including natural disasters, acts of war, actions of authorities and judicial bodies related to the adoption of legislative acts (amendment of existing legislative acts) ) due to the occurrence of which the party cannot fulfill the obligation under the contract.
10.3. The party, which cannot fulfill its obligations under the agreement due to the occurrence of force majeure circumstances, is obliged to inform the other party about this within a maximum of 5 (five) working days, otherwise the party loses the right to rely on the existence of force majeure circumstances in relation to the non-fulfillment of obligations under the agreement. The mentioned rule does not apply if the force majeure circumstance is a well-known fact.

11. Rules of appeal, disputes

11.1. The user has the right to complain about electronic wallet payment operations and other inaccuracies (it is desirable to file a complaint within 5 (five) working days after the occurrence of such an event). Complaints can be received in written and oral form. In case the user submits a complaint orally, the provider is obliged to offer to submit it in writing or with the user's consent to make an audio recording. There are several ways to receive a complaint in written form: submitting a complaint to the cash desks of the provider and its agents, to the provider's e-mail address. By sending to the mail - claim@mm.ge or by filling out the complaint form placed on the electronic wallet tool. In addition, the user's appeal of any operation does not mean the provider's unconditional obligation to compensate the user for the losses incurred as a result of the mentioned operations. Each case of appeal of operations by the user is considered individually according to the procedure provided by the legislation of Georgia
11.2. The complaint submitted by the user to the provider must contain the following information:
11.2.1. User name, surname or e-wallet number;
11.2.2. amount, date and time of the operation;
11.2.3. operation payment order (if any);
11.2.4. where was the operation performed;
11.2.5. accurate writing of the disputed issue;
11.3. The provider is obliged to consider the customer's complaint within 15 (fifteen) working days from the submission of the complaint.
11.4. If the provider for objective reasons 11.3. If it is not possible to review the complaint and make a decision on it within the time limit established by the clause, the provider is obliged to inform the user about the above, indicating the justified reason for the delay and the deadline for making the decision.
11.5. The deadline for making a decision on the complaint and notifying the customer should not exceed 35 (thirty-five) working days after the receipt of the complaint.
11.6. The provider is obliged to contact the other party involved in the payment service operation in the process of reviewing the disputed issue, in order to receive information about the operation. Unless all the details and circumstances of the disputed operation are known to the provider.
11.7. The user is obliged, if requested by the provider, to pay the additional service fee (if any) imposed in connection with the investigation of the disputed issue.
11.8. The provider is obliged to notify the decision made by the user immediately in the form chosen by the user when filling out the complaint.
11.9. The user has the right to appeal the decision taken by the provider (in case of partially satisfying or not satisfying the complaint) within 6 months from the date of receipt of the complaint to the dispute resolution commission of the National Bank of Georgia. The commission will consider the dispute free of charge. The user has the right to use the opportunity to file a complaint even if he has not received an answer to the complaint within the established time frame.
11.10. In case of any disagreement between the parties, the parties will try to resolve the issue through negotiations. In case of failure to reach an agreement, the parties refer to 11.1 to resolve the dispute. the opportunity specified in the clause and/or the court of Georgia.
11.11. The dispute between the parties is considered within the framework of the current legislation of Georgia.
11.12. The provider is entitled, in relation to disputes arising from this agreement and/or any type of agreement/agreement signed within its framework/basis, to make the decision of the first instance court in its favor immediately enforceable, in accordance with the rules established by the procedural legislation of Georgia.

12. Validity and Termination of the Agreement.

12.1. This agreement comes into force from the moment of signing this agreement and is valid for an indefinite period.
12.2. Unless otherwise specified in this agreement or other written agreements, to terminate/suspend this agreement and/or any agreements concluded within its framework/on its basis and/or to close the user's payment account opened with the provider, if:
12.2.1. information about the user, available to the provider and/or submitted by the user (documented and/or submitted in electronic form) proves to be false;
12.2.2. any precondition, condition, additional condition and/or any request made by the provider to the user has not been met and/or the conditions and obligations stipulated by this agreement and/or any agreement/contract concluded within its framework/on its basis have been violated;
12.2.3. the user has violated any condition specified in the contract and/or the provider has suspected that the user cannot/will not fulfill any of the obligations imposed on him.
12.2.4. the closing of the payment account is determined by a court decision or in accordance with the law;
12.2.5. the applicant has gone bankrupt or has been declared liquidated;
12.2.6. agreed by the parties;
12.2.7. At the initiative of either party, by sending a corresponding written notice to the other party 1 (one) month in advance. In addition, in case of termination of the contract, the user is obliged to fully cover any payments pending to the provider within 5 (five) calendar days from the notification.
12.3. The monetary obligations of the parties arising from this agreement, as well as the liabilities of the parties due to the breach of the agreement, are valid until the moment of their full performance, regardless of the termination of the agreement.

13. Final Provisions

13.1. The parties are obliged to notify the other party of any change in contact/communication data within 5 (five) calendar days, otherwise, the communication made by the party at the mentioned address (be sending the message) will be considered as duly complete.
13.2. If any of the clauses of the agreement and/or the contract/agreement signed within its framework/on its basis are deemed invalid, this will not affect the validity of the remaining clauses of the contract/agreement. Instead of the invalid provision, the provision that more easily achieves the purpose provided for in the relevant agreement shall be used.
13.3. Any kind of agreement reached between the parties within the framework of this agreement constitutes an integral part of this agreement and is valid for the period of validity specified by this agreement.
13.4. The user is not authorized, without the prior written consent of the provider, to fully or partially assign the rights and/or obligations granted by the contract/agreement to third party(s). In addition, the above does not exclude the authority of the provider, to accept the fulfillment of the obligation defined by the agreement at its own discretion.
13.5. The provider is authorized to assign/transfer to third parties the rights and/or obligations specified in this agreement and/or the agreement/contract signed on its basis/within its scope at any time.
13.6. The terms of this agreement and/or the agreement/contract signed within its scope/on its basis fully apply to the legal successors/legal heirs/successors of the parties.
13.7. When settling issues that are not regulated by this agreement, the parties shall be guided by the current legislation of Georgia.
13.8. The terms of this agreement shall prevail over any prior agreement or contract between the parties on the same subject matter.
13.9. The legal address of the provider is considered the place of execution of this agreement by the parties.
13.9. The legal address of the provider is considered the place of execution of this agreement by the parties.
13.10. If necessary, the contract may be concluded in another language. In this case, the contract is drawn up in the Georgian language and its terms will be given priority over the text drawn up in another language.