MerchantX Privacy Policy
1. GENERAL PROVISIONS
1.1. The present terms of use (hereinafter referred to as “Terms of Use” or “Terms”)
define the procedure making payments via PayX System, charging commission fees,
therefore, rights and liabilities arising between the system users and the Company,
as well as other conditions and terms necessary for the use of PayX System.
1.2. The main concepts used in these Terms have the following meanings:
Company: PayX LLC, PayX System owner
Account Bank/ Bank: Commercial bank operating in RA
PayX System: software and hardware environment (infrastructure) through which
various payments are made from the payment cards of users to the relevant physical
persons and legal entities receiving payments with the System.
Application: Owned by the Company or the Partner entity a software, where is
activated the payment with the System feature.
Partner: An entity, which provides the payments with the System feature in the own
mobile app.
User or Card Holder: a physical person or legal entity using PayX application who, at
the same time, shall be the holder of a payment card acceptable for PayX System,
who also got familiar with and accepted the Terms of Use.
Payment Recipient: relevant physical persons and legal entities, state and local self-
government bodies of the Republic of Armenia registered in the System and receiving
payment with the System.
Payment: The payment performing with the Application in the System infrastructure
to the Payment Recipients.
Payment Card: Payment cards issued within the frameworks of ARCA, Visa,
MasterCard and other systems acceptable for registration into the PayX System.
Equipment: any electronic device /cell phone, data tablet, or computer/ used for using
PayX System by the User.
QR code: a graphical image, as a result of the scanning which by the device’s camera
and the Application, the user receives the Payment Recipient and Payment Details
for the payment.
2. RIGHTS AND LIABILITIES
2.1. Under the present Terms the Company shall provide the following services:2.1.1. Displaying required information for making payments to the approval of the
Users.
2.1.2. Proper calculation of the size of the commission fee to be charged for payments
and providing complete information on the commission fee to the Users with
special notification of any case where the commission fee is not included in the
total sum liable to be paid to the Payment recipient,
2.1.3. After receiving acknowledgment of the Users given via PayX application,
transfer all the data required for payment stated by that acknowledgment,
including the size and periodicity of partially made payments, to the Bank in
order to make payment to the account of the relevant Payment recipient,
2.1.4. Solving technical issues related to the PayX System in the shortest possible time
as well as the proper response to the questions (including, tasks, alarms, and
complaints) given by the Users within 1/one/ working day, if necessary,
involving the Bank/ Payment recipient/s/ and notifying the User of realistic
timeframes necessary for the solving of the issue.
2.1.5. In case of a request by the Users, providing electronic receipt/s/, information
and reports on the payments made by the Users via PayX System.
2.2. The Company shall reserve the right to terminate the operation of the System
temporarily for the purpose of detecting defects and problems of the equipment
and software, as for the operation of the System and for implementation of
technical works with proper prior notice to the User.
2.3. While using PayX System the User shall be obligated to
2.3.1. comply with the Terms of Use,
2.3.2. maintain confidential information known to him/her while using PayX System,
2.3.3. fulfill other obligations under the Terms
2.4. While using PayX System the User shall have a right to
2.4.1. submit payment orders in compliance with the Terms providing complete
information required for such payment,
2.4.2. submit suggestions and comments to the Company related to the operation of
the System,2.4.3. Make requests via the System and receive information on payments made by
him/her or payment statements.
2.4.4. exercise other rights prescribed under the present Terms.
3. PAYMENTS AND REQUIREMENTS THERETO
3.1. All the payments shall be made under the appropriate instructions of and on behalf
of the User;
3.2. For ensuring Payments the User states one-time prior consent, that all future
instructions/orders with authorization of his/her payment card, registered in the
Application are the instructions/orders provided by the User duly for payments
from Users payment card in favor of Payment Recipient.
3.3. The payment amounts in the Application can be entered in two ways:
3.3.1. Automatically, when the payment amount appears in the User’
s Application while
the QR code scanning.
3.3.2. Manually, when the payment amount is absent while the QR code scanning
and shall be entered by the User.
3.4. To perform each payment the Bank is executing transaction authorization of
registered Payment Card, for which the cardholder identification isn’t required.
3.5. Via PayX System only those payments shall be made which meet special
requirements to e-commerce transactions set by the Bank and “Armenian Card”
Processing Center and which comply with the Terms as well as in terms thereof
the User has provided mandatory requisites for that payment. All the payments
which have not been authorized shall be considered invalid.
3.6. The Company shall transfer the information on incorrectly made payments from
the payment cards of the Users due to any failure of operations of PayX System to
the Bank in order to recover them.
3.7. The Company shall reserve a right to inform the Bank about any extraordinary
transaction in PayX System.
3.8. User may request to the Payment Recipient for Payment cancelation or for
Payment refund: In case, if refund request has been denied by the stated party Usermay apply to the bank-issuer of Payment Card registered in Application to proceed
the Chargeback in the prescribed manner.
3.9. For making some payments a commission fee set by the Bank or Payment recipient
may be charged from the User. Information on charging a commission fee and on
its size is provided to the User via Аpplication prior to the approval of the
transaction. In case of such commission fees, they are calculated and charged from
the User, from each sum of payment separately.
3.10. All the payments shall be made in Armenian drams. The amounts of payments shall
be rounded to decimal precision.
3.11. The payment shall be denied and shall not be made if:
3.11.1. the User has exceeded the limits defined under the present Terms (if any),
3.11.2. the Payment sum, including the commission fee to be charged, exceed the
available balance of the registered payment card as of that time,
3.11.3. the results of checking the card details required for payment are negative or
unsatisfactory,
3.11.4. to the extent provided under the Terms.
4. GUARANTEES OF USERS, DATA SECURITY AND CONFIDENTIALITY
4.1. The Company shall guarantee
4.1.1. that it shall not collect, and store details of payment card registered by the User,
4.1.2. the use of data/information of the Users available to the Company for performing
in the PayX System their payment requests only,
4.1.3. proper operation and availability of PayX System,
4.1.4. to provide the Users with appropriate technical support for the use of PayX
System. At that, the issues in domain of the Bank and those related to payment
processing shall be directed to the Bank and in relation to all other issues related to
the operation of PayX System, the Company shall respond itself,
4.1.5. for proper payment details of Payment recipients in PayX System and information
included required for making payments to be accurate,4.1.6. Detailed information (electronic receipts and other bases) on payments/
transactions made and conducted via PayX application and under the instructions
of the Users shall be stored for 5 (five) years upon the payment/ transaction date.
Based on appropriate written enquiry of the User the Company shall within 5
(five) working days provide the User with the information on payments made by
him/her or with a statement. The Company shall continue to store information
defined in this clause about the User even when that person does not act as a User
anymore. Notwithstanding the foregoing, the stated person may apply to the
Company within the defined time period and receive relevant information/ data.
5. RESPONSIBILITY
5.1. The Parties shall bear mutual responsibility in the procedure stipulated by the
Legislation of the Republic of Armenia for failing to fulfill or for improper
fulfillment of liabilities assumed under the present Terms, including for damages
caused to other Party due to publishing any information.
5.2. The Company, the Partner and the Bank shall not bear responsibility for:
5.2.1. For non-performance or improper performance of obligations by the Payment
recipient to Users;
5.2.2. transactions conducted illegally or by any third party using the User’s card or by
card details;
5.2.3. impossibility to serve the payments caused due to malfunction of
communications;
5.2.4. impossibility to make payments by the User caused due to circumstances
beyond the control of the Company, including malfunction of the equipment of the
User;
5.2.5. the damages caused due to loss of User’s equipment;
5.2.6. the damage caused due to unlawful transactions via PayX System by the User’s
equipment by any third party or by another equipment on behalf of the User,
5.2.7. not making Users’ payments which do not comply with the Terms.5.3. The User shall be responsible for the cases defined in 5.2.2., 5.2.4., 5.2.5., 5.2.6. and
5.2.7. clauses of the present Terms.
5.4. Relations and issues not regulated under the present Terms shall be regulated
according to RA Legislation, the terms of the Bank and payment systems of
registered cards.
6. OTHER PROVISIONS
6.1. The Terms shall enter into force for each User from the time when the User accepts
the conditions defined in the Terms by electronic confirmation thereof. Based on
the foregoing confirmation the Joining Agreement between the Parties shall be
deemed to be executed and to be entered into force and it shall be valid without
time limit. At that, acceptance of the Terms by the User with its legal consequences
shall be equipotent to execution of a written agreement under the signatures of the
Parties.
6.2. The User may at any given time terminate the use of PayX System. From that
moment on the Terms/ Joining Agreement cease to have effect in relations between
the Company and that User, except in so far as the User’s details are stored and
other applicable provisions set under the Terms. At that, if still there are
outstanding liabilities as of that time, the Joining Agreement shall have effect until
the foregoing liability is properly complied with.
6.3. The Company may terminate the service provided to the User via PayX System
with a prior notice of 10 /ten/ days on the occurrence of any of the following:
6.3.1. Significant breach of the Terms by the User;
6.3.2. illegal use of payment cards or card details by the User or any third party or
suspect of such use;
6.3.3. termination of operation of the System by the Company;
6.3.4. such amendments to the legislation were providing the service to the customer
or group of customers has become impossible or unreasonable;
6.3.5. Other cases prescribed by the Legislation of the Republic of Armenia.6.4. The Terms /their separate provisions/ may be amended. The User shall be notified
of any amendment to the Terms at least 2 /two/ working days ahead they enter into
force.
6.5. Disputes and disagreements between the Company and the Users shall be settled
through negotiations, if the Parties fail to come to an agreement within one-month
period pursuant to the Legislation of the Republic of Armenia, they are settled by
the competent judicial instances of the Republic of Armenia.
6.6. All notices, notifications and messages provided for by the Terms and sent for the
use of PayX System by the User and during the service via System shall be deemed
to be properly done (sent and received by the other party) if they have been sent
6.6.1. if addressed to the Company, to the official e-mail address of the Company
6.6.2. if addressed to the Users, to the e-mail address or at the phone number indicated
while being registered.