These Terms and Conditions of Using the Website and products/services (the "Terms and Conditions") shall apply to all users of the Website and/or other products/services of the Company.
Any users of the Website and/or products/services of the Company may be referred to for ease as "You" or "Your". Before using the Website or any of the products/services offered on the Website (the "Services") and/or by the Company, you must carefully read these Terms and Conditions, Policies and Regulations governing your use of the Website and/or the products/services offered by the Company. If you do not agree with any of the clauses of these Terms and Conditions, Policies and Regulations governing your use of the Website and/or the products/services offered by the Company, we kindly ask you to leave the Website. By continuing to use this Website and/or registering to use the Company's products/services (our services), you confirm that you have read, understand, accept and agree to comply with these Terms and Conditions, Policies and Regulations governing your use of the Website and/or the products/services offered by the Company.
1.1. In these Terms and Conditions, the following terms shall have the following meaning:
Agreement shall mean a separate Agreement between ANY.MONEY and the Merchant to be concluded within the framework of these Terms and Conditions;
ANY.MONEY Services shall mean any services provided by ANY.MONEY under these Terms and Conditions, including the E-Wallet Payment Service, the Gateway Service and any other service available for use on the website;
ANY.MONEY Website https://any.money/ru/ shall mean ANY.MONEY Website for the provision of services currently available at https://any.money/ru/, without regard to any third party websites on which the Website is indicated using hyperlinks or otherwise;
Merchant shall mean a party to contractual relations within the Agreement;
Merchant Website shall mean the Merchant Website;
Merchant Account shall mean a registered Merchant Account with ANY.MONEY in accordance with these Terms and Conditions of Using;
Payment Method shall mean any card payment systems (VISA, MasterCard or other, national or local systems), bank payments (direct banking systems, direct debit systems or bank transfer systems) or electronic payment systems (electronic money, telephone payments) or other digital assets;
Business Day shall mean any day other than Saturday, Sunday, public holidays or bank non-business days;
Gateway Service shall mean any ANY.MONEY service using a payment gateway integrated (but not necessarily hosted) on the Merchant Website to receive payment instructions from the client;
Manual shall mean any of the technical manuals applicable to the ANY.MONEY Services and published on the ANY.MONEY Website, or, in case of merchant integration through a third party service provider, any third party integration instructions or manuals;
Confidential Information shall mean information that is considered "Confidential" or which should be treated as confidential, taking into account the context of disclosure or nature of such information, without prejudice to the foregoing, these Terms and Conditions, as well as business plans, data, strategies, methods, buyer and merchant lists, technical specifications, transaction data and data of the parties to the transaction shall be considered confidential;
Regulatory Requirements shall mean any applicable law, enactment, regulation, order, judgment, decision, recommendation, rule, policy and/or procedure (including, but not limited to, KYC/AML/CTF Policies and/or procedures) or manuals adopted or issued by parliament, government or any competent court or authority or any payment system (including, but not limited to, bank payment systems, card payment systems such as Visa, MasterCard, or any other payment, clearing or settlement system or similar agreement used to provide services under these Terms and Conditions);
Prohibited Conduct shall mean any illegal conduct that includes fraud, corruption, money laundering, collusion, terrorist financing and any other criminal conduct.
Fraud shall mean the use of deceit for the purpose of pursuing personal interests and causing damage to interests, including those of the Merchant and/or Any.Money.
Scam shall mean a method of deception, fraud in order to obtain money from Internet users, may include hiding information or providing incorrect information in order to extort money, property and inheritance from the injured persons.
Corruption shall mean offering, giving, receiving or soliciting, directly or indirectly, anything of value that could improperly influence the actions of another party.
Money laundering shall mean a scheme of financial transactions aimed at concealing the identity, source and destination of illegally obtained money or financing illegal activities.
Anti-Money laundering (AML) shall mean a set of measures and procedures aimed at identifying and/or preventing the use of Any.Money company/website and/or services provided by Any.Money for money laundering purposes.
Counter-terrorist financing (CTF) shall mean a set of measures and procedures aimed at identifying and/or preventing the use of Any.Money company/website and/or services provided by Any.Money for the purposes of terrorist financing.
Sanctions — economic sanctions — shall mean commercial and financial sanctions imposed by one or several countries against targeted self-governing states, groups or individuals.
Red flags shall mean a warning or indicator suggesting the presence of a potential issue or threat with transactions passing through the Company and/or Service of the Company.
Collusion shall mean an agreement between two or more parties to achieve an improper purpose, including improperly influencing the actions of another party.
Terrorist financing shall mean the provision or collection of funds by any means, directly or indirectly, with the intent to use them or on the condition that they will be used in whole or in part to carry out any of the crimes related to terrorism.
Criminal conduct shall mean a crime in any part of the world or what would be qualified as a crime in any part of the world if it happened there.
Know Your Client (KYC) shall mean a set of measures and procedures aimed at obtaining information about a participant in a transaction, the Merchant and their activities in order to manage the risks of the Company.
Customer Due Diligence (CDD) shall mean verification of data/information about the Merchant and/or a participant in a transaction and other checks related to the study of the Merchant and its activities aiming at fully-fledged risk assessment when accepting for and during service.
Politically exposed person (PEP) shall mean an individual who plays a prominent public role within a certain country or at the international level.
Third-party service provider shall mean a third-party counterparty of the Company, which provides additional services to the Company.
2.1. Services of ANY.MONEY payment aggregator help to make payments from the Merchant or in favor of the Merchant from its clients. Any means of payment sent by the Merchant's clients and received by ANY.MONEY must be transferred to the Merchant Account immediately after deducting any fees due to ANY.MONEY.
2.2. The Merchant is aware that receiving a payment to the Merchant Account is not the same as receiving credited funds. The Merchant shall remain liable to ANY.MONEY for the full amount of payment and any fees deducted from it (the "Refund Amount") if the payment is subsequently cancelled for any reason. In case of such cancellation of payment, ANY.MONEY will first debit the Merchant Account with the Cancelled Amount and any applicable third party refund or cancellation fee. If ANY.MONEY is unable to fully recover the Refund Amount and applicable third-party chargeback or reversal fee from the Merchant Account (including any funds transferred to it after the cancellation of payment), it reserves the right to invoice the Merchant for the unrecovered balance.
2.3. ANY.MONEY reserves the right, at any time and at its sole discretion, to suspend the Merchant Account (or some of its functions, such as uploading, receiving, sending and/or withdrawing funds) if transactions are made that ANY.MONEY considers, at its sole discretion, to be (I) committed in violation of these Terms and Conditions, or (II) suspicious of money laundering, terrorist financing, fraud, violation of established sanctions restrictions/circumvention of established sanction restrictions or other illegal activity, or (III) violation of ANY.MONEY Policies, it will make the necessary efforts to inform the Merchant of any measures, unless ANY.MONEY is prohibited from doing so by law, court or government order, or unless such informing is related to AML/KYC/CDD/CTF procedures and other necessary procedures.
2.4. The Merchant acknowledges and agrees that ANY.MONEY shall act solely as a payment aggregator and that ANY.MONEY shall under no circumstances act as a seller, buyer, dealer, wholesaler, auctioneer, supplier, distributor, manufacturer, broker, agent or merchant in respect of any product or service ordered, obtained or acquired by any means processed through its services.
2.5. The Merchant acknowledges and agrees that:
2.6. Without applying the limitations of liability, the Merchant undertakes to fully compensate ANY.MONEY for the funds spent on satisfaction of claims of third parties related to the use of the offered goods and services, and compensate ANY.MONEY in full for the costs of any legal defense.
3.1. ANY.MONEY shall provide the Merchant and its current and potential clients with ANY.MONEY Services as specified in these Terms and Conditions.
3.2. The Merchant must not receive payment for the delivery of tobacco products, prescription or over-the-counter drugs, illegal downloads, goods or services that infringe the intellectual property rights of third parties, or for any other goods or services the offer or provision of which is illegal under the applicable current legislation.
3.3. The Merchant undertakes to:
3.4. After the entry into force of these Terms and Conditions and at any time thereafter, for the purpose of complying with the Regulatory Requirements, the Merchant shall provide ANY.MONEY with information about its business, corporate structure and articles of association, shareholders, partners, members, directors, key employees or in case of a trust — its beneficiaries and other information requested by ANY.MONEY for the above purposes. In particular, the Merchant undertakes to notify ANY.MONEY in writing of any change in its business model or in goods or services it sells or distributes if such change has or may be expected to be relevant for the compliance with the Regulatory Requirements. Without limitation of liability, the Merchant undertakes to indemnify ANY.MONEY for all losses resulting from the Merchant's failure to notify ANY.MONEY of any such changes that are relevant for the compliance with the Regulatory Requirements applicable to ANY.MONEY or the Merchant.
3.5. The Merchant undertakes to provide its clients with a clear and honest return and refund policy. The Merchant must provide and update information on the return and refund policy in the relevant section on its website and/or in the relevant agreement/offer.
4.1. In order to minimize the risks of settlements, ANY.MONEY may initiate the creation of the necessary reserve. The conditions of the reserve shall be determined in a separate agreement between ANY.MONEY and the Merchant. The general procedure for establishing a reserve shall be set out below, unless otherwise stipulated by a separate agreement.
4.2. Without limiting the discretion of ANY.MONEY under clause 4.1., ANY.MONEY may consider, inter alia, the following factors in determining the amount of any reserve:
4.2.1. the Merchant terminates its activities or a significant part thereof;
4.2.2. the Merchant significantly changes the nature of its business;
4.2.3. the Merchant's business activities involve risk of chargebacks or other refunds to the client higher than usual;
4.2.4. general financial position of the Merchant and its change;
4.2.5. The Merchant becomes insolvent or, for other objective reasons, cannot pay the debts when they fall due;
4.2.6. ANY.MONEY receives a disproportionate number of client complaints, chargebacks or other charges, fines, sanctions or other violations of obligations related to the Merchant Account;
4.2.7. ANY.MONEY reasonably believes that the Merchant will not be able to perform its obligations under these Terms and Conditions.
4.2.8. The Merchant's activity violates or may violate the Regulatory Requirements and/or Policies.
4.3. The Merchant agrees to provide ANY.MONEY with information about its financial and operational status, including the most recent financial statements, upon reasonable request and at the expense of the Merchant. The Merchant must also perform, at its own expense, any further action (including execution of any necessary documents and registration of any form of document) necessary to establish such form of security as is reasonably required by ANY.MONEY.
4.4. If so required by ANY.MONEY, the Merchant shall transfer to its Merchant Account such amounts as are reasonably determined by ANY.MONEY to replenish the initial Reserve or to respond to unforeseen increased risks of payment cancellations not covered by the current balance of the Merchant Account.
4.5. Notwithstanding all of the foregoing, if the Merchant has a negative balance on its Merchant Account or is otherwise liable for the repayment of funds, the Merchant must replenish such a negative balance or make the corresponding ANY.MONEY payment within seven calendar days after the date of the request or claims for such payment from ANY.MONEY.
5.1. The cost of ANY.MONEY services shall be specified in the "Tariffs" section on ANY.MONEY website or in the "Personal Account" on ANY.MONEY website or in a separate agreement between ANY.MONEY and the Merchant. Unless otherwise specified, the fees shall be denominated in US dollars.
5.2. The tariffs shall not include value added tax. If value added tax or any other sales tax is or becomes chargeable, ANY.MONEY will add such tax to the amount payable, but will provide information on the net amount, amount of tax and applicable tax rate should it be necessary.
5.3. Any fee payable by the Merchant shall be deducted from the balance in the Merchant Account. If the trading account balance is insufficient or the trading account balance becomes negative, ANY.MONEY reserves the right to invoice the Merchant for any shortage.
5.4. Fees may vary.
5.5. If ANY.MONEY is unable to deduct any fees or other funds payable by the Merchant from the balance of the Merchant Account, ANY.MONEY will issue an invoice for the amount due. Invoices shall be payable within fifteen calendar days following the invoice date.
6.1. ANY.MONEY shall have all rights to adjust and make changes to the Content of the Website and/or amendments to these Terms and Conditions at its sole discretion without mandatory prior notice to the Merchant.
6.2. ANY.MONEY shall make reasonable and sufficient efforts to keep the Content of the Website and/or these Terms and Conditions up-to-date. However, not all information may be up-to-date and complete. The Company does not guarantee the accuracy of the Content. Any examples in the Website Content shall be illustrative. ANY.MONEY undertakes to use its best efforts to correctly display current and future products and/or services, while de facto they may differ.
6.3. If these Terms and Conditions are updated, ANY.MONEY will notify of the changes by posting the current version of the Terms and Conditions on the Website or notifying by e-mail. The new version of the Terms and Conditions shall enter into force once it is published on the Website, unless otherwise specified subject to the requirements of the applicable legislation. The obligation to monitor the current Terms and Conditions shall rest with the Merchant. Your use of the Website with the updated version of the Terms and Conditions will be deemed by ANY.MONEY as your consent to use the updated version of the Terms and Conditions.
7.1. Each party warrants to the other party that:
- it has and will maintain the appropriate means (including staff training, internal controls and technical equipment) to comply with its data protection and privacy obligations under these Terms and Conditions.
7.2. The Merchant warrants:
- that it has and will retain all necessary rights and powers to accede to these Terms and Conditions by using the Website and performing its obligations under these Terms and Conditions;
- the goods and services that are available to buyers have been certified in accordance with the current legislation of any jurisdiction in which the Merchant provides its goods and services, and that the Merchant has at any time all the necessary licenses and permits to participate in advertising and provide its goods and services;
- it does not receive funds from illegal, fraudulent activities, and that the Merchant does not send or receive funds to or from an illegal source or in violation of the Regulatory Requirements and Policies;
- that goods and services, as well as the activities of the Merchant do not violate the requirements of applicable legislation and established sanction restrictions/do not contribute to circumventing the established sanction restrictions.
7.3. ANY.MONEY owns all intellectual property rights in relation to Merchant services. The Merchant shall have no right, without the written consent of ANY.MONEY, to use, in whole or in part, trademarks, product names or logos associated with the Merchant services for any purpose other than to communicate that the Merchant accepts ANY.MONEY as service payment system. Any use of ANY.MONEY intellectual property rights shall be carried out subject to the instructions provided by ANY.MONEY.
8.1. Neither party to these Terms and Conditions shall be liable for tort (including negligence or breach of statutory obligations) or otherwise, for any indirect or consequential loss or damage of any kind, including punitive damages, or damages for any loss of profits or loss of contract, loss of favor or goodwill, loss of opportunity, loss of income, or loss of a third party, whether foreseeable or otherwise, except to the extent that this clause is consistent with other provisions of these Terms and Conditions.
8.2. Subject to clauses 8.3, 8.4 and 8.5 and any other section expressly excluding the effects of this section, the aggregate liability of each party to these Terms and Conditions for tort, negligence or anything arising out of or in connection with these Terms and Conditions, for a period of twelve months after the effective date or annual extension date (each, a "Contract Year") shall be limited to the lower of (I) USD 50,000.00 or (II) the total amount of fees received by ANY.MONEY from the Merchant in the previous Contract Year (or, in the first Contract Year, fees received to date).
8.3. The Merchant acknowledges and agrees that:
- losses incurred by ANY.MONEY as a result of the conduct described above will be significant, including (but not limited to) fines and other costs associated with payment systems and service providers, and even in cases where it may be extremely difficult and practically impossible to determine their amount. If the Merchant takes part in such actions, ANY.MONEY may charge you a fine of USD 50,000 and/or ANY.MONEY may file a claim against the Merchant for the recovery of damages in excess of the amount of the fine.
- USD 50,000.00 is currently a reasonable minimum estimate of damages of ANY.MONEY considering all circumstances currently in place, including (but not limited to) the ratio of the amount to the range of ANY.MONEY damages that may be expected, and assuming that the actual damage may be extremely difficult to prove.
- ANY.MONEY has the right to deduct such fines directly from any existing balance in the offender's account or from any other ANY.MONEY account with which the Merchant is associated. If the Merchant or a person associated with it uses ANY.MONEY services in a way that violates these Terms and Conditions, the account of the Merchant or a person associated with it will be subject to restriction or immediate closing. The Merchant or a person associated with it also understands that if the Merchant uses ANY.MONEY services in a way that violates these Terms and Conditions, ANY.MONEY may incur significant liability and/or significant losses, including (but not limited to) fines and other related costs from payment systems and service providers. By selling goods or services (including access to content) in violation of these Terms and Conditions or ANY.MONEY Policies, the Merchant acknowledges liability to ANY.MONEY for any damages caused to ANY.MONEY. Without limitation to the foregoing, the Merchant agrees to indemnify ANY.MONEY for any and all costs, expenses and fines imposed on ANY.MONEY by payment systems and/or service providers as a result of such activities.
- if the Merchant or ANY.MONEY initiates litigation or arbitration proceedings in connection with this paragraph, the successful party shall have the right to recover reasonable attorneys' fees and other costs incurred in the course of such proceedings, in addition to any other assistance to which the successful party may be entitled to.
8.4. Unless expressly stated otherwise, no indemnification obligation under these Terms and Conditions shall be subject to liability limitations contained in this section.
8.5. If the Merchant violates clauses 2.6., 7.2. (in relation to intellectual property provided to the Merchant under the sublicense granted by any payment method):
8.5.1. the liability limitations under Sections 8.1 and 8.2 shall not apply;
8.5.2. The Merchant undertakes to indemnify ANY.MONEY for the satisfaction of all claims, expenses, losses, fines to third parties arising as a result of or in connection with such a violation; provided that any negligence on the part of ANY.MONEY must be taken into account in order to reduce the liability of the Merchant under this section in a reasonable and proportionate manner.
8.6. ANY.MONEY shall not be responsible for any of the following:
8.6.1. hardware, software or Internet connection is not functioning properly;
8.6.2. any suspension or denial of payments that ANY.MONEY has reason to believe are fraudulent or unauthorized, or violating/potentially violating the requirements of the Policies and/or Regulatory Requirements;
8.6.3. received payment instructions contain incorrect or incorrectly formatted information;
8.6.4. unforeseen circumstances that interfere with ordinary operation, despite the precautions taken by ANY.MONEY — force majeure. Such circumstances may include, but are not limited to, acts of war, decisions of government authorities, natural disasters, power outages, fires, floods, theft, equipment breakdowns, hacker attacks, internal mechanical or system failures, and downtime of ANY.MONEY website including by decisions of authorized competent state authorities.
9.1. If any individual provisions of these Terms and Conditions are invalid for any reason, the remaining provisions of the Terms and Conditions will remain valid and enforceable.
11.2. Any disputes arising between the Company and users of the Website must be resolved through negotiations. Should it be impossible to reach an agreement through negotiations, the dispute shall be referred to the competent court located in Tallinn, Estonia. The parties undertake to keep all the issues relating to litigation confidential.
11.3. In its activities, the Company shall comply with the applicable legislation and the best international standards and practices, and expects the Merchant to comply with these Terms and Conditions and Policies. Internal documents on AML/CTF risk management and KYC/CDD procedures shall be developed by the Company additionally and shall be restricted internal documents of the Company. Such documents correspond to these Terms and Conditions and Policies.
12.1. If you have any questions, comments, feedback, complaints in respect of these Terms and Conditions, please feel free to contact us through the Company's support service at the e-mail address: email@example.com