Service regulations

Service Regulations

 

Service Regulations of the perekaz24 service

Valid from September 1, 2021.

 

Chapter 1. General terms

§ 1

The Regulations define the rules for using the “perekaz24” money transfer service.

1. The perekaz24 service consists in providing, through the website  www.perekaz24.eu  and the system of providing the “card to card” service, the technical possibility for the Cardholder to submit an order to debit his / her account and then credit the Recipient’s payment card account.

2. The execution of the transaction is possible with the use of Payment Cards approved by Visa or MasterCard regulations for the execution of the Transaction without physical presence.

3. The perekaz24 service is provided by: Service Operator: Meest Transfer Limited Liability Company, based in Ostrowiec Świętokrzyski, at the address:ul. Kilińskiego 30/110, 27-400 Ostrowiec Świętokrzyski, entered into the Register of Entrepreneurs under the KRS number 0000326242, NIP PL 9562248359;

4. The “card to card” service is provided by the Partner: Fenige Sp. z o. o. based in Warsaw at ul. Promiennej 10, 03-672 Warsaw, registered in the District Court for the capital city of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under the number: 0000461471, NIP 118-209-20-36, REGON 146693435.

5. In order to avoid any legal doubts, the Operator declares that it does not provide payment services for which the relevant provisions stipulate the obligation to be entered in the register, including the register kept by the Polish Financial Supervision Authority.

§ 2

The terms used in the Regulations have the following meanings:

Authorization – verification of the Payment Card and its holder and obtaining confirmation from the Payment Organization of the possibility to charge the Sender’s Payment Card and the possibility of recognizing the Recipient’s Payment Card.

Issuer Bank – issuer of the Payment Card of the Sender or Recipient, respectively.

Payment card – a payment card issued under Visa or MasterCard systems, allowed by the regulations of these systems for the execution of a Transaction without its physical presence.

Sender – an adult private person, legal entity or an organizational unit without legal personality, having a card issued by the Issuer’s Bank and the payer of the Service, which concludes an agreement with the Operator pursuant to the Regulations.

User profile – an individual administration panel created by the User as part of the Website, used to carry out the Transaction by the User, view the Transaction history and manage his personal data.

Transaction Limits – daily and monthly limits for Transactions made from the Card and / or the User Account.

Recipient – a private person, legal entity, or an organizational unit without legal personality, the holder of the Payment Card and the recipient of the Service.

Service operator – Meest Transfer LLC, based in Ostrowiec Świętokrzyski.

Partner –  Fenige LLC, based in Warsaw.

Card Holder – an adult private person who has a card issued by the Issuer’s Bank.

Website – the perekaz24 website through which the User orders the execution of the Transaction.

Transaction – payment of funds from the Sender’s Payment Card to the Recipient’s Payment Card in the amount specified by the User after a positive Authorization, not exceeding the Transaction Limits.

Service – a service provided by the Operator consisting in managing the User profile with the use of the Website and accepting the data provided by the User necessary for the Partner to perform the “card to card” service.

Card to card service – a service provided by the Partner to the Sender, consisting in debiting the Sender’s Payment Card account at his request and crediting the Recipient’s Payment Card account, which is not a payment service within the meaning of the Payment Services Act of 19 August 2011 ( i.e. Journal of Laws of 2016, item 1572 as amended).

User – an adult natural person who has correctly created and activated his User profil0 in the perekaz24 system.

§ 3

Conclusion of a contract for the provision of electronic services

1. The conclusion of the contract for the provision of electronic services for browsing the content of the Website is made by opening the desired page of the Website via a web browser and does not require registration.

2. Conclusion of an agreement for the provision of electronic services for maintaining a User profile on the website is made by filling in the electronic form available on the website and confirming the order.

3. Each party has the right to terminate the contract concluded for an indefinite period, and the User also has the right to withdraw from the contract on the terms set out in the Regulations.

4. The registration form contains mandatory fields. In order to speed up the process of filling in the form, the Operator may display certain fields and consents as filled in by default. However, the User or Partner may in any case change the content of the field or withdraw (deselect) consent.

5. In the registration form, the User provides his Personal Data to the extent necessary to set up an Account and verify identity and perform the contract for the provision of electronic services by the Operator and the “card to card” service by the Partner.

6. After completing and sending the registration form, the Operator shall send an e-mail to the provided address confirmation of the creation of the User profile.

7. The conclusion of the contract for the provision of electronic services is tantamount to submitting the following statements:

a) I have read the Regulations and the Privacy Policy. I understand and accept them;

b) I start using the Operator’s services voluntarily;

c) I meet the conditions for using the Website provided for in the Regulations;

d) the data provided by me in the order form are true and do not infringe the rights of third parties;

e) I consent to the conclusion of the contract by electronic means;

f) I consent to the collection and processing of my personal data by the Operator to the extent necessary to provide services electronically, on the terms set out in the Regulations;

g) I agree to receive messages and information about difficulties, changes or technical breaks in the operation of the Website to the e-mail address provided in the form.

8. The operator may refuse to conclude the contract or terminate the concluded contract for the provision of electronic services in the following cases:

a) if the purpose of registration or the manner of using the services is inconsistent with the Website’s regulations;

b) if the User’s activity is aimed at committing a crime, and also if it violates the rights of third parties;

c) if the Operator has received a notification about the unlawful nature of the data provided or the User’s activities related to them;

d) if the User sends unsolicited commercial information;

e) if the User blatantly or persistently violates the provisions of the Regulations;

f) if the address data provided by the User raises objectively justified doubts as to their correctness or truthfulness, in particular, the User provides non-existent towns, streets that do not exist in the town, data of fictitious characters.

9. The declaration of termination of the contract for the provision of electronic services is submitted by the Operator to the e-mail address provided in the order form.

Chapter 2. User Account Registration

§ 4

A private person who is the Holder of a Card issued in his / her name may register as part of the Website.

1. The User registration process takes place only through the Website.

2. In the process of registering the User profile, the User provides his / her data necessary to create the User profile. User Profile activation may be performed only after correctly filling in the User’s data form.

3. In order to activate the User profile, the User must read and accept these Regulations. For the purposes of activating the User profile, the User must confirm that the data provided by him is correct and consistent with the facts.

4. In the process of activating the User profile, the User reads and accepts the Operator’s Privacy Policy, in particular, he / she reads the Operator’s information contained therein as the administrator of personal data, provided when collecting personal data from the data subject. Acceptance of the Operator’s Privacy Policy is required to create the User profile.

5. The User may separately consent to the processing for marketing purposes (including for direct marketing purposes) of his/her personal data provided in the process of registration and activation of the User profile. The consent in this regard is voluntary, and its failure to do so does not affect the activation of the User profile and the provision of services covered by the Regulations.

6. The User is obliged to update his personal data provided during the User profile registration while changes were applied.

7. The password to access the User profile will be set during the registration process and can be changed using the appropriate option in the User profile.

8. After a correctly completed process of registration and activation of the User profile, the User may make Transactions.

9. If the User forgets the password to access his User profile, he/she may, through an appropriate option on the Website, start the password reminding process.

10. The User may have only one Account.

11. The User may use more than one Card in the User profile.

12. The User may not make the User profile available to other people.

13. The User is obliged to keep the User profile password secret.

14. The Operator reserves the right to block the User profile if it is found that the security of the User profile is at risk.

15. Detailed regulations on the rules for the processing of personal data of Cardholders, Users and visitors to the Operator’s website can be found in the Operator’s Privacy Policy.

 

Chapter 3. Transaction Security

§ 5

In order to ensure the highest level of security, the Transaction is carried out through the Partner.

1. The Operator has no access to the User’s payment card data, the data is stored by a Partner with appropriate security certificates.

2. The Operator shall not be responsible for any claims arising from the User providing incorrect or untrue data in the User profile during the registration process.

3. The user is obliged to properly protect the password against unauthorized persons.

 

Chapter 4. Transaction Process

§ 6

1. The Transaction via the Website may be performed by the Cardholder using his User profile.

2. To authorize the Transaction, the Operator provides the Partner via the Website with the data necessary to carry out the Authorization process.

3. The User agrees to provide the Partner with the data entered on the Website and to verify them.

4. After receiving the confirmation of the “card to card” Service order, the Partner sends to the Payment Organization one message about the debiting of the Sender’s Payment Card account in the amount corresponding to the transaction amount increased by the commission and the second message about crediting the Recipient’s Payment Card account in the amount corresponding to the transaction amount. Then the first message is forwarded by the Payment Organization to the Sender’s Bank, and the second to the Receiver’s Bank. If the Sender’s Bank confirms the possibility of debiting, and the Receiver’s Bank confirms the possibility of crediting, the Service will be executed. If the Sender’s Bank refuses to debit or the Receiver’s Bank refuses to apply the transfer, the Service will be interrupted and the transferred funds will be left at the Sender’s account.

5. The Operator charges the Sender with a commission amount based on the amount of the ordered transaction as part of the provision of the Service in accordance with the “Table of fees and limits” available on the Website.

6. Service execution orders may be executed up to the transaction limits entered by the Operator in the “Table of fees and limits”. If only a part of the ordered amount exceeds the limit, the entire Service is not executed.

7. The service is provided by the Operator immediately.

8. The Operator may temporarily suspend the provision of the Service until the situation has been clarified, reject the Service order or block the possibility of ordering the Service in the future by the Sender in the following situations:

a) the Sender’s failure to comply with the provisions of the Regulations;

b) failure to receive from the Sender correct or complete data necessary to perform the Service within the time specified for entering the data, including acceptance of the transaction amount;

c) invalidity of the Sender’s or Recipient’s Payment Card;

d) refusal to execute the transaction by the Sender’s or Recipient’s Bank;

e) attempts to make payments in a manner inconsistent with applicable law, including suspected actions of a person unauthorized to use the Payment Card, or the illegality of the payment itself;

f) orders of a public authority, including law enforcement agencies.

9. The Operator is not responsible for any losses incurred to the Sender due to failure to provide the Service based on one of the situations indicated above.

10. The sender undertakes to:

a) comply with the rules of the Regulations and generally applicable provisions;

b) provide true, complete and up-to-date data for the purpose of providing the Service;

11. A correctly submitted Transaction Order is irrevocable, the Operator may not cancel the Transaction in which the funds have been paid to the Recipient.

 

Chapter 5. Transaction Limits

§ 7

1. The Transaction limits are defined by the Operator. Transaction limits for the Card / User profile are visible after logging in to the User profile.

 

Chapter 6. Responsibility of the Operator, Consumer protection, Complaints regarding the payment service and the provision of electronic services

§ 8

1. The Operator shall not be responsible for delays, returns or refusal to accept the Transaction by the Recipient, if they were not due to his fault, and in particular if incorrect Recipient’s data was provided.

2. The Operator shall not be responsible for lost profits or indirect losses, including lost economic opportunities or loss of revenues resulting from delayed execution or non-execution of the Transaction.

3. The Operator is responsible only for the execution of the Transaction.

4. The User may submit all complaints via the appropriate option on the Website or in the User profile.

5. The User has the right to lodge a complaint regarding the performance of the contract for the provision of electronic services, which does not constitute a money transfer payment service.

6. A consumer who has concluded an agreement with the Operator for the provision of electronic services may terminate the agreement without giving a reason and without incurring any costs by submitting an appropriate statement to the Operator.

7. If the User successfully submits the declaration, the contract for the provision of services is considered void, and the Operator is obliged to immediately delete the User profile and delete the personal data provided by the User, necessary to conclude the contract for the provision of electronic services.

8. The right to terminate the contract for the provision of electronic services on the terms described above is not entitled to the Consumer if the Operator has fully provided the service with the express consent of the Consumer, who was informed before the service begins that after the Operator has fulfilled the service, he loses the right to terminate the contract.

9. User – a consumer using the Operator’s electronic service, with the exception of the money transfer service, may obtain free assistance in resolving a dispute between the User and the Operator, using the free assistance of a municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection.

10.User – a consumer using the Operator’s electronic service, with the exception of the money transfer service, may use the out-of-court option to resolve electronically in a way that does not constitute a complaint regarding financial services via the European Union ODR internet platform, enabling the submission of complaints and claims related to the contract concluded with the Operator. The ODR platform is available at:  http://ec.europa.eu/consumers/odr/  . The Operator’s e-mail address:  kontakt@perekaz24.eu

11. Detailed rules for considering the User’s complaints in matters related to the provision of the money transfer service as well as information on the possibility of out-of-court settlement of disputes related to the consideration of complaints are set out in Annex 1, which is an integral part of these Regulations.

12. Regardless of the content of the Regulations, the rules for considering complaints are made available by the Operator to the Users on the website in the tab / subpage “complaints and complaints”, available from the home page of the website.

Chapter 7. User identification and verification and prevention of violations of the law by Users

§ 9

1. The Operator reserves the right to refuse to register a User profile, delete a User profilet, as well as refuse to execute a Transaction by a registered User.

2. Starting from the moment of submitting the transaction order until the order execution, the Operator is entitled at any time to request from the User officially certified copies of an identity document or other equivalent documents. Until the User provides copies of documents covered by the request, the Operator has the right to suspend the execution of the transaction without the obligation to pay the User any related costs.

3. If the User fails to submit a copy of the documents covered by the request, the Operator has the right to cancel all orders placed by the User without the obligation to remunerate the User for any related costs.

 

Chapter 8.  Processing of personal data

§ 10.

1. The Operator is the administrator of personal data.

2. Providing personal data in the necessary scope indicated by the Operator is a necessary condition for the conclusion and performance of the contract in the form of these Regulations.

3. Personal data are processed in accordance with the provisions on the protection of personal data in force in the Republic of Poland, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to processing personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) (Journal of Laws of the EU. No. of 2016, No. 119, p. 1):

a) to implement the Regulations – on the basis of the necessity to process personal data for the performance of the contract in the form of these Regulations;

b) for analytical and statistical purposes – based on the legitimate interest of the Operator, which is the analysis of the results of the Company’s business;

c) for direct marketing of the Operator’s own products or services – on the basis of the Operator’s legitimate interest, which is direct marketing of the Operator’s own products or services;

d) for marketing purposes (other than those indicated in point c above) or receiving commercial information – based on the voluntary consent of the Sender;

e) to establish, investigate or defend against claims and fulfill legal obligations incumbent on the Operator – based on the Operator’s legitimate interest, which is the exercise of the above rights and fulfillment of legal obligations.

4. The operator is entitled to provide information about the ordered transactions to the relevant state and regulatory authorities, if there is a suspicion of violation of applicable law, and also if such an obligation results from legal provisions, including the Act of November 16, 2000 on anti-laundering. money and financing of terrorism (i.e. Journal of Laws of 2017, item 1049).

5. Personal data may be made available to entities participating in the processing of transactions under the Service, such as payment organizations, Partner, Sender’s Bank and Recipient’s Bank, as well as IT service providers, telecommunications service providers and customer service providers for the proper implementation of the Service, as well as agencies marketing in order to implement marketing services and send commercial information.

6.Every person whose personal data is processed by the Operator, has the right to access the data processed by the Company and concerning it, the right to rectify it, correct it, request processing restriction, transfer, delete, object to their further processing by the Operator, and in the event of consent for the processing of data until its withdrawal at any time, without affecting the lawfulness of the processing, which was carried out on the basis of consent before its withdrawal, by writing to the following e-mail address: reklamacje@perekaz24.eu. The use of the last three rights also means the termination of the Service, due to the impossibility of its further provision.

7. Personal data is processed for the period of the Sender maintaining the User profile on the Operator’s Website and for the period necessary to perform the Service. In addition, personal data is processed to the extent necessary for accounting and tax purposes and for the purposes of preventing money laundering and terrorist financing for the period resulting from applicable law and to the extent necessary to establish, investigate or defend against claims for the period of limitation of claims under these Regulations and for the duration of the pending proceedings.

8. Any person whose personal data is processed by the Operator has the right to lodge a complaint regarding the processing of their data by the Company to the supervisory body dealing with the protection of personal data.

 

Chapter 9. Final provisions

§ 11

1. Users may use the Website and the works or databases made available on it only within the permitted use, as determined by the provisions of the Act on Copyright and Related Rights and the Act on the Protection of Databases, and such use may not violate the normal use of the work. or databases or against the legitimate interests of the Operator and entities whose works or databases – as part of cooperation with the Operator – are made available on the Website

2. The data and information made available on the Website pages and not from the Operator are for information purposes only and come from sources that the Operator deems reliable and verified. Due to the possibility of errors or omissions caused by circumstances beyond the Operator’s control, the company is not responsible for the timeliness, accuracy, and completeness of the information provided on the Website from third parties, as well as for its suitability for specific actions of Users.

3. The court competent to consider disputes arising from the contracts specified in these regulations is the court competent according to the provisions of the Code of Civil Procedure. In the case of a User who is not a Consumer, the competent court is the court of the Operator’s seat.

4. Polish law shall apply to all contracts concluded in the manner and on the terms set out in the Regulations.

5. These Regulations are valid from September 1, 2021.

6. The full and up-to-date text of the Regulations is available on the home page of the Website in the “Regulations” tab.

7. The Operator informs that he may be forced to change these Regulations, in particular in the event of extending the functionality of the Website, technological or technical reasons, or changes in the law.

 

Appendix 1

To the Regulations of 

Perekaz24 services

RULES FOR DEALING WITH USERS ‘COMPLAINTS IN MATTERS RELATING TO THE PROVISION OF THE MONEY TRANSFER SERVICE

along with information on out-of-court settlement of consumer disputes

§ 1.

In the event of any remarks regarding the money transfer service provided, the User has the right to file a complaint.

§ 2. Place and form of submitting a complaint

1. A complaint may be submitted:

a) by person at the Operator’s premises in writing or orally to the protocol drawn up by the employee on duty;

b) orally by telephone using the telephone number provided on the website;

c) by letter sent to the Operator’s address, ie ul. Kilińskiego 30/110, 27-400 Ostrowiec Świętokrzyski;

d) using electronic means of communication, i.e. directly from the User profile, or by sending an e-mail to the address provided on the website: reklamacje@perekaz24.eu

§ 3. The content of the complaint and the complaint examination procedure

1. The content of the complaint should include:

a) name and surname of the client;

b) postal address;

c) e-mail address: if the customer requests a reply to the complaint in the form of an electronic e-mail to an address other than the address indicated when registering the account in the Operator’s system;

d) a detailed description of the event or the subject of the customer’s objections

e) the manner of considering the complaint expected by the customer, i.e. the expected state after considering the complaint;

f) the client’s signature – if the complaint is submitted in writing form.

2. If the Operator finds that the information required to consider the complaint is missing, the Operator asks the client to supplement it in the form in which the client submitted the complaint.

3. If the customer refuses to provide all the data necessary to start the process of considering the complaint, the Operator is entitled to inform the customer that it will not be possible to consider the complaint due to the incompleteness of the information provided. Regardless of the above, the customer is informed about the complaint being considered within the time limit indicated in point 4 below.

§ 4. Deadline for considering the complaint

1. A response to the complaint will be given without undue delay, not later than within 15 working days in the case of complaints relating to the rights and obligations under the Payment Services Act, or 30 calendar days in other cases, from the date of receipt of the complaint by the Operator.

2. In particularly complicated cases, the time limit referred to in sec. 1 may be extended up to 35 business days in the case of complaints relating to the rights and obligations under the Payment Services Act, and up to 60 calendar days in other cases.

3. Particularly complicated cases are considered to be the necessity for the Operator to obtain additional information from third parties cooperating with the Operator necessary to consider the complaint, including in particular information from the Partner, the Publisher’s Bank.

4. If it is not possible to reply to the submitted complaint within the time limit specified in sec. 1, the operator informs the customer about this in writing within 15 working days of receipt of the complaint, including:

a) the reasons for the delay in considering the complaint;

b) the circumstances that must be determined in order to consider the customer’s objections;

c) the expected time limit for responding to the submitted complaint, which may not be longer than that indicated in sec. 2.

5. To meet the deadline for responding to the complaint, it is sufficient to send a reply before its expiry, and in the case of a reply in writing – to send it at the post office of the operator designated within the meaning of Art. 3 point 13 of the Postal Law Act of 23 November 2012.

6. In the event of failure to meet the deadline specified in sec. 1 or 2, the complaint is considered in accordance with the will of the customer.

7. The rules described in sec. 6 does not apply to complaints made by customers who are not consumers.

§ 5. The method of notification of the complaint consideration

1. The answer to the complaint is given in writing and sent:

a) by registered mail to the address indicated in the complaint by the customer or using a durable information carrier – by posting a file containing a response to the complaint in the customer’s account on the payment service, with the possibility of downloading or saving by the customer;

b) only at the customer’s request – using electronic means of communication (by attaching a scan of the response) to the e-mail address from which the complaint was sent, unless the customer provides a different e-mail address in the complaint.

§ 6. The content of the reply to the complaint

1. The response to the complaint will contain at least:

a) factual and legal justification – unless the complaint is considered in accordance with the customer’s will;

b) comprehensive information on the position of the Operator in relation to the complaint;

c) name, surname and position of the person responding to the complaint;

d) specification of the date on which the claim will be made (in the case of considering the complaint in accordance with the will of the customer)

2. If the complaint is not considered, the response to the complaint will contain information on the possibility of:

a) submitting a request for consideration of the case to the financial ombudsman;

b) bring an action to a common court (with an indication of the court and the description of the entity that should be sued);

c) taking advantage of the possibility of an amicable settlement of the dispute.

§ 7. Information on the possibility of out-of-court settlement of disputes related to the payment service provided by the Operator

1. In the event of a dispute with the Operator, the customer who is a consumer may ask for help from the Municipal Ombudsman.

2. If the customer’s claims are not considered in the complaint procedure, the customer may:

a) apply to the Financial Ombudsman to resolve the dispute;

b) bring an action to a common court;

c) use the amicable dispute resolution procedure.

 

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