User Agreement
1. General Provisions
1.1. This document, referred to as the User Agreement (hereinafter Agreement), outlines the main terms governing the relationship between the parties on the website http://bapay.io/ (hereinafter referred to as the Site, Service, or Platform).
1.2. The terms of this Agreement are defined by the Agreement itself, the Privacy Policy, the User’s confirmation, the Risk Notice, and other rules outlined in the documents posted on the Site. No document posted on the Site should be interpreted in isolation but should be understood collectively with other documents published on the Site.
1.3. The Site administration reserves the right to amend, supplement, or delete provisions of this Agreement at any time without prior notice to the User.
1.4. By using the Site, the User accepts this Agreement and any changes made to it.
1.5. The User is solely responsible for reviewing this Agreement and any changes made to it.
2. Definitions of Terms
2.1. For the purposes of this Agreement, the following terms shall have the meanings set forth below:
2.1.1. https://bapay.io – An Internet resource (Internet service) located at the domain name https://bapay.io, operating on the Internet and providing related services.
2.1.2. https://bapay.io – A website, an electronic service containing information about Goods and/or Services and/or other values for the User, performing functions (providing services) as defined by this Agreement.
2.1.3. Site Administration - Individuals authorized by the Site owner to manage and ensure the functionality of the Site.
2.1.4. Visitor of the Site – An individual who has access to the Site by visiting https://bapay.io and has the ability to review its content.
2.1.5. Site User - An adult, legally competent individual who has reviewed and accepted this Agreement and other documents posted on the Site, with access to the Site's functions (services), which may include registration and the creation of a personal User account.
2.1.6. Site Content (hereinafter referred to as Content) – Protected intellectual property, including literary works, their titles, prefaces, annotations, articles, illustrations, covers, musical works with or without lyrics, graphic, textual, photographic, derivative, composite, and other works; user interfaces; visual interfaces; trademarks; logos; software programs; databases; as well as the design, structure, selection, coordination, appearance, general style, and arrangement of this Content within the Site and other intellectual property objects, collectively and/or individually, contained on the website https://bapay.io.
3. Subject of the Agreement
3.1. The subject of this Agreement is the relationship between the Parties regarding the provision or granting of access to the functional capabilities (services) of the Site to the User.
3.1.1. The Site provides the User with services as defined by the annexes to this Agreement.
3.1.2. This Agreement applies to all current services of the Site, as well as any future modifications and newly introduced services.
3.2. Access to the Site is free of charge.
3.3. This Agreement constitutes a public offer. By accessing the Site, the User is deemed to have accepted this Agreement and the other documents posted on the Site in their entirety. The User, by utilizing the Site's functions (services), understands and agrees to comply with this Agreement and other documents posted on the Site.
3.4. The use of materials and services of the Site is governed by the national laws of the country where the Site's domain name is registered.
4. Rights and Obligations of the Parties
4.1. The Site Administration has the right to:
4.1.1. Modify the rules for using the Site, as well as its content. Changes take effect from the moment the updated version of the Agreement is published on the Site.
4.2. The User has the right to:
4.2.1. Utilize all available features (services) of the Site.
4.2.2. Ask any questions related to the Site's features (services).
4.2.3. Use the information from the Site for commercial purposes without special permission, except when using intellectual property objects that require the owner's consent in accordance with the law.
4.3. The User agrees to:
4.3.1. Use the Site solely for purposes and in a manner prescribed by this Agreement and not prohibited by the User’s applicable national legislation.
4.3.2. Provide additional information upon request by the Site Administration, if directly related to the services offered on the Site.
4.3.3. Respect the intellectual and moral rights of authors and other rights holders when using the Site.
4.3.4. Refrain from actions that may disrupt the normal operation of the Site.
4.3.5. Avoid disseminating any confidential or legally protected information about individuals or legal entities using the Site.
4.3.6. Prevent actions that could compromise the confidentiality of information protected by applicable law.
4.3.7. Do not use the Site to distribute advertising information, unless written consent is obtained from the Site Administration.
4.3.8. Do not use the Site for purposes including, but not limited to:
4.3.8.1. Violating the rights of minors and/or causing harm to them in any form.
4.3.8.2. Infringing on the rights of national or other minorities.
4.3.8.3. Impersonating another person, organization representative, community member, or government official, including Site Administration employees, without sufficient authorization.
4.3.8.4. Misleading others about the properties and characteristics of any service or feature of the Site.
4.3.8.5. Making improper comparisons of the Site's services or creating negative perceptions of the Site, its features, or its users (or non-users).
4.3.8.6. Uploading content that is illegal, violates third-party rights, promotes violence, cruelty, hatred, and/or discrimination based on race, nationality, gender, religion, or social status; contains false information or insults toward individuals, organizations, or authorities.
4.3.8.7. Encouraging unlawful activities or assisting individuals whose actions aim to violate restrictions or prohibitions.
4.3.8.8. Violating laws or any acts directly prohibited by the national legislation of the User or persons on whose behalf the User utilizes the Site’s functionalities, and infringing on the rights and legitimate interests of third parties.
4.3.9. Ensure the accuracy of the information provided.
4.3.10. Safeguard personal data against unauthorized access by third parties.
5. The User is Prohibited from:
5.4.1. Using any devices, programs, procedures, algorithms, or methods, whether automated or manual, to access, acquire, copy, or track the Site's content.
5.4.2. Disrupting the proper functioning of the Site.
5.4.3. Circumventing the Site's navigation structure in any manner to obtain or attempt to obtain information, documents, or materials by means not explicitly provided by the Site's services.
5.4.4. Gaining unauthorized access to the Site's features, any other systems or networks related to the Site, or any services offered on the Site.
5.4.5. Breaching the security or authentication system on the Site or any network associated with the Site.
5.4.6. Performing reverse lookups, tracking, or attempting to track any information about other Site Users.
5.4.7. Using the Site and its content for any purposes prohibited by applicable law, as well as inciting any illegal activity or other actions that violate the rights of the Site or third parties.
6. Use of the Site
6.1. The Site and all its Content are private property, protected by law, and managed by the Site Administration.
6.2. The Site's Content is protected by copyright law, trademark law, other intellectual property rights, and laws on unfair competition.
6.3. This Agreement applies to all services provided on the Site.
6.4. The information posted on the Site should not be interpreted as an amendment to this Agreement.
6.5. The Site Administration has the right to modify the functionality of the Site or the services provided on it at any time without notifying the User.
7. Liability
7.1. The Site Administration will not be liable for any damages incurred by the User due to intentional or negligent violations of this Agreement, or unauthorized access to another User’s communications.
7.2. The Site Administration is not responsible for:
7.2.1. Delays or failures in operations caused by force majeure, as well as any issues in telecommunications, computer, electrical, or related systems.
7.2.2. Actions of transfer systems, banks, payment systems, and delays related to their operation.
7.2.3. The proper functioning of the Site if the User does not have the necessary technical means to use it, nor is it obligated to provide such means to Users.
8. Violation of the Terms of the User Agreement
8.1. The Site Administration reserves the right to disclose information about the User if required or permitted by applicable law.
8.2. The Site Administration may terminate and/or block the User’s access to the Site without prior notice if the User violates this Agreement, any other provisions posted on the Site, or in the event of Site discontinuation or due to technical issues.
8.3. The Site Administration is not liable to the User or third parties for terminating access to the Site if the User violates any provision of this Agreement or any other provision in documents posted on the Site.
9. Dispute Resolution
9.1. In the event of a disagreement or dispute between the Parties, the first step before taking legal action is the submission of a claim (a written proposal for voluntary dispute resolution) via email. Claims directed to the Site Administration should be sent to the Administration’s email address, while claims addressed to the User should be sent to the email address provided by the User during registration. These are the only recognized communication channels between the Parties.
9.2. The recipient of the claim must respond to the other Party within a reasonable time frame regarding the outcome of the claim review.
9.3. If the dispute cannot be resolved voluntarily, either Party has the right to seek judicial protection of its rights and legitimate interests.
9.4. Disputes that cannot be resolved voluntarily and arise in connection with the formation, execution, or termination of this Agreement, or other documents posted on the Site, as well as disputes related to the operation of the Site and its services, shall be submitted to the Hong Kong International Arbitration Centre (HKIAC) for resolution according to the procedures outlined on their website: https://www.hkiac.org/.
10. Additional Provisions
10.1. The Site Administration does not accept counterproposals from the User regarding amendments to this Agreement or other documents posted on the Site.
10.2. User reviews posted on the Site are not considered confidential information and may be used by the Site Administration without restrictions.
Annex No. 1 to the User Agreement
1. Subject of the Annex
1.1. Under this Annex, the User authorizes, and the Site Administration undertakes, acting on behalf of and at the expense of the User, to organize the receipt of funds from the User and transfer (payment, remittance, transfer, credit) the equivalent of the specified amount of these funds to the person indicated by the User (or to the User themselves) in the country and currency specified by the User. The User undertakes to pay the Executor the Remuneration in accordance with the Tariffs. A report on the completion of the function described in this section will be sent to the User in any convenient way for the Site Administration. The preferred method of sending the report is email, as specified by the User.
1.2 The User specifies the following details on the Site: The amount of money that the User deposits (transfers) for the execution of this Agreement, as well as the payment details to which the equivalent of this amount should be credited by the Executor, or the address where the equivalent of this amount should be provided in cash; The currency in which the equivalent of this amount should be credited to the account or provided in cash.
1.3. The history of transactions made by the User using the Service is available via the Telegram messenger.
1.4 The territorial scope of the Service’s usage rights is worldwide. The duration of these rights is limited to the term of this offer.
2. Procedure for Providing the Service
2.1. The period during which the funds deposited by the User are transferred to the specified details or provided in cash does not exceed three days. In certain cases, this period may be extended by the Site Administration, who will notify the User by any convenient method. The transfer period for funds ranges from two business days.
2.2 If it is impossible to transfer the funds (or part of them) to the details specified by the User or to provide them in cash to the specified person, the funds (or part of them) will be returned to the User in the same currency in which they were received. In this case, no interest for the use of the funds will be accrued from the moment of deposit until the moment of return to the User.
2.3. All User transactions are reflected in the Electronic Journal.
3. Rights of the Parties
3.1. The Site Administration has the right to:
3.1.1. In case of a violation by the User of these terms and/or providing false information/documents and/or violating regulatory acts, or violating ethics or rules of conduct, unilaterally and out of court terminate this Agreement, limit the User’s access to certain functional capabilities. The Site Administration is not responsible for any losses (damages) incurred by the Users due to such actions. The Site Administration is not obliged to inform the User about the reasons for the termination of the Agreement. Upon termination of this Agreement, the User must pay the Fee (if there is an outstanding balance) within three calendar days after receiving the termination notification and/or notification of the need to settle the outstanding fee.
3.1.2. At any time, delete or limit access to any information posted on the Site that violates regulatory acts, the rights, and lawful interests of others.
3.1.3. Require Users to provide documents necessary to execute Instructions.
3.1.4. At any time, refuse to execute Instructions for Users if there is suspicion that the Instructions were issued with illegal purposes (such as money laundering, financing terrorism, or any other unlawful purpose).
3.1.5. In case of the User’s debt to other Users and/or to the Service, and if this User has funds in their balance, the Service may ensure the transfer of these funds to settle the mentioned debt.
3.1.6. Transfer information about the User and the documents provided by the User to third parties if necessary to execute Instructions.
3.1.7. Not return the Fee paid by the User if the execution of the Instruction is impossible due to reasons beyond the Site Administration’s control.
3.1.8. Unilaterally amend the Tariffs (the amount and procedure for payment of the Fee). These changes come into effect the day after their publication on the Site.
3.2. The User has the right to:
3.2.1. Use the Service.
3.2.2. Post Instructions in the Service.
3.2.3. Use the Service’s functionality only for submitting Instructions that the Service is designed to handle.
3.2.4. Use the software provided by the Service.
3.2.5. Exchange information with the Service in the Telegram messenger chat.
3.3. The User is prohibited from:
3.3.1. Providing false information.
3.3.2. Using the Service for money laundering, deceiving other Users or the Service, entering into and/or executing fictitious and sham transactions, as well as any other operations that violate the law or this Agreement.
3.3.3. Disrupting the normal operation of the Site.
3.3.4. Modifying the software included in the Service, as well as any other software posted on the Site, including changing, decompiling, decrypting, and performing any other actions with the object code and source text.
3.3.5. Using the Service and/or any other software placed on the Site in a manner not provided for in this Agreement.
3.3.6. Distributing, copying, or publicizing the software included in the Service and/or any other software posted on the Site.
3.3.7. Using the Service and/or any other software posted on the Site and/or its parts beyond the term of this Agreement.
3.3.8. Creating new software and/or other intellectual property and/or services using the Service and/or any other software posted on the Site.
3.3.9. Providing third-party data in the Service without their prior written consent.
3.3.10. Collecting, processing, transmitting, storing, or otherwise using the personal data of other Users and/or third parties without their written consent.
3.3.11. Performing actions in the Service using software that mimics the actions of the User, as well as collecting and/or processing information posted in the Service.
