on the provision of access to the Wanttopay platform and the sale of gift cards and eSIM products
This document constitutes a public offer (the “Offer”) of WTP Technology Limited (the “Company”) and sets out the terms of an agreement that may be concluded between the Company and an individual (the “User”) by way of acceptance of this Offer.
This Offer constitutes the Company’s proposal to enter into an agreement on the terms set out in this document.
The User’s performance of any of the actions specified in Section 3 of this Offer constitutes the User’s full and unconditional acceptance of the terms of this Offer and the conclusion of an agreement between the Company and the User (the “Agreement”).
PLEASE READ THE TERMS OF THIS OFFER CAREFULLY BEFORE ACCEPTING. By accepting, the User confirms that the User has read the Offer in full, understands its terms and accepts them without reservation.
1.1. Platform — the Company’s software and hardware system, accessible via the Wanttopay website, a Telegram bot, a Telegram Mini App, mobile applications, APIs and other interfaces provided by the Company, which affords the User the functionality described in this Offer.
1.2. Personal Account — the User’s personal section on the Platform, access to which is obtained using the User’s authentication credentials.
1.3. License — the right to use the Platform granted to the User on the terms of a non-exclusive license, to the extent provided for in Section 4 of this Offer.
1.4. Card Issuer — a third party (a foreign entity) that independently issues and services payment cards (including virtual prepaid cards). The Company is not a card issuer.
1.5. Gift Card — a digital code, certificate or other electronic instrument sold by the Company in its own name and enabling the User to obtain goods, services or digital content from the relevant Provider.
1.6. eSIM Product — a digital eSIM profile and/or activation data purchased by the User from the Company and enabling access to the services of the relevant foreign telecommunications operator. Telecommunications services are provided by the relevant operator and not by the Company.
1.7. Provider — a telecommunications operator, rights holder, supplier or other third party whose goods, services or digital content are available to the User by means of a Gift Card or an eSIM Product.
1.8. Other terms are used in the meaning established by the applicable law.
2.1. Under this Agreement the Company, for a fee, provides the User, on the terms set out in the Offer, with:
• a License to access the Platform and use its functionality (Section 4);
• Gift Cards sold by the Company in its own name (Section 5);
• eSIM Products sold by the Company in its own name (Section 6).
• executes individual instructions of the User relating to the transfer of funds for topping up cards, in the cases provided for in this Offer.
2.2. The Company does not provide the User with money transfer services as a standalone financial service and is not a credit institution, a money transfer operator, a payment system operator or a Card Issuer. At the same time, the Company is entitled to perform individual actions involving the transfer of funds to third parties solely in execution of the User’s instruction provided for in this Offer.
2.3. The functionality of the Platform may allow the User independently to generate and send to the Card Issuer requests (signals) relating to the issuance of cards by the Issuer. Relations concerning the issuance and servicing of cards arise directly between the User and the Card Issuer and are governed by the Card Issuer’s documents. The Company is not a party to such relations and bears no liability for the actions of the Card Issuer.
2.4. Topping up cards and execution of the User’s instruction.
2.4.1. Where the functionality of the Platform provides for the possibility of topping up cards issued by the Card Issuer, the User is entitled to instruct the Company to perform the actions necessary to transfer funds to the Card Issuer or to another participant in the processing of the relevant transaction.
2.4.2. In executing the User’s instruction, the Company acts in the User’s interests and performs the technical and organizational actions necessary to execute the instruction.
2.4.3. Funds received by the Company for the execution of the User’s instruction to top up a card do not constitute the Company’s remuneration, do not constitute payment for the Company’s services and are accounted for separately from the Company’s own income.
2.4.4. The Company’s own income consists of the amounts paid by the User for the grant of the License, for Gift Cards, eSIM Products and other supplies made by the Company on its own behalf. Funds intended for the execution of the User’s instruction to top up a card are not included in the Company’s own income.
2.4.5. The Company is not the Card Issuer, does not issue cards and does not determine the terms of their issuance, servicing, blocking or use.
2.5. Report on the execution of the instruction. Information on the execution of the User’s instruction is provided via the Platform, including details of the status, amount and date of the transaction. Such information is deemed to be the Company’s report on the execution of the User’s instruction. The User is entitled to submit reasoned objections regarding the execution of the instruction within 10 (ten) calendar days from the date on which the transaction information is displayed. In the absence of objections, the execution of the instruction is deemed accepted by the User. The report on the execution of the instruction may be provided in electronic form via the Platform and forms part of the parties’ electronic document exchange.
3.1. Acceptance of the Offer is the performance by the User of any of the following actions: registration on the Platform and/or creation of a Personal Account; ticking the box confirming agreement with the terms of the Offer; payment for any of the products specified in Section 2. Acceptance constitutes the User’s full and unconditional acceptance of the terms of the Offer.
3.2. The Agreement is deemed concluded from the moment of acceptance and remains in force until the parties have fully performed their obligations.
3.3. By accepting the Offer, the User confirms that the User has reached the age required under the law applicable to the User to enter into the Agreement independently, has the necessary legal capacity and acts of the User’s own will and in the User’s own interest. A legal entity may not act as a User. An individual entrepreneur may be a User provided that the Platform is used exclusively for personal purposes unrelated to entrepreneurial activity.
3.4. The Company is entitled to amend the terms of the Offer unilaterally by posting a new version on the website. The new version takes effect from the moment of posting, unless another date is specified. Continued use of the Platform after the amendments take effect signifies the User’s agreement with them.
4.1. The Company grants the User a non-exclusive License to use the Platform by accessing its functionality via the Internet, for the term and to the extent determined by the tariff selected by the User.
4.2. The License is granted for personal, non-commercial use. The User may not reproduce, modify or decompile the Platform, provide access to it to third parties, or use it in ways not expressly provided for by the Offer.
4.3. The Company’s remuneration for granting the License and related access services is determined by the tariffs posted on the website. Payment for the License does not constitute a card top-up and is not refundable as funds on a card.
4.4. The Platform is provided on an “as is” basis. The Company takes reasonable measures to ensure the operability of the Platform but does not guarantee its uninterrupted and error-free operation or its compatibility with all of the User’s equipment.
4.5. The service of granting the License and access to the relevant functionality of the Platform is deemed rendered properly and in full from the moment the User is provided with access to such functionality in the Personal Account (including from the moment the request (signal) generated by the User is created and/or transmitted to the Card Issuer, or the relevant status is displayed in the Personal Account). The cost of the License granted is non-refundable. This clause governs solely the performance of the obligation to grant the License and access to the functionality of the Platform and does not determine the moment of performance of the Company’s other obligations.
4.6. The Company is not liable for decisions of the Card Issuer to refuse to issue a card, to block or restrict a card, or for the card servicing terms established by the Card Issuer.
5.1. The Company sells Gift Cards to the User in its own name. The list, denominations, region of validity and price of Gift Cards are indicated on the Platform at the time of ordering.
5.2. A Gift Card is a digital product. In selling Gift Cards, the Company acts in its own name and for its own account and does not act as an agent, commissionaire, representative or other intermediary of, or on behalf of, any third party. The Company is the party to the Gift Card sale contract vis-à-vis the User. This provision does not affect the User’s rights in relation to the Provider arising from the Gift Card’s rules of use.
5.3. A Gift Card confers the right to receive goods, services or digital content from the relevant Provider on that Provider’s terms. Use of a Gift Card is governed by the Provider’s rules; the User must review them before purchase, in particular the restrictions on the region of use.
5.4. A Gift Card is deemed transferred to the User from the moment the relevant code (activation data) is provided to the User. From that moment the Company’s obligation to transfer the Gift Card is deemed performed.
5.5. Given the digital nature of a Gift Card and the impossibility of reliably excluding subsequent use of a disclosed code, a code that has been duly transferred is not subject to return or exchange, except in the cases provided for by this Offer or by mandatory rules of the applicable law.
5.6. If an invalid (non-functioning) code is provided, the User is entitled to contact the Company in accordance with Sections 10 and 13 of this Offer. The Company reviews the request and, if the invalidity of the code through the fault of the Company or the Provider is confirmed, replaces the code or refunds the amount paid for it.
5.7. The Company is not liable for restrictions, blocking or other decisions of the Provider in relation to the User’s account, or for the impossibility of using a Gift Card as a result of the User’s breach of the Provider’s rules (including use in an ineligible region).
6.1. The Company sells the User, in its own name, a digital eSIM Product enabling access to the services of the relevant foreign telecommunications operator. The Company is not a telecommunications operator, does not hold a license to provide telecommunications services and does not provide telecommunications services to the User. Telecommunications services are provided by the relevant operator on its terms and in accordance with the law applicable to it.
6.2. Before the purchase of an eSIM Product, the Company provides the User on the Platform with the information necessary to make an informed choice, including: the name of the telecommunications operator (Provider), the region (country) of validity, the volume and validity period of the data allowance, the conditions and method of activation, and the technical requirements for the device.
6.3. An eSIM Product is deemed transferred from the moment the User is provided with the eSIM profile and/or activation data (QR code, activation code). Since activation of an eSIM profile constitutes the supply of digital content and is, as a rule, technically irreversible, an eSIM Product that has been duly transferred (activated) is non-refundable, except where it is non-functional for reasons beyond the User’s control. Refunds are made subject to the provisions of Section 10 of this Offer.
6.4. The User is solely responsible for ensuring the compatibility of the User’s device with eSIM technology and compliance with the telecommunications operator’s requirements. The Company is not liable for the quality of telecommunications services, the coverage area or other circumstances falling within the responsibility of the telecommunications operator.
6.5. An eSIM Product is intended for use exclusively in the countries and regions specified in the description of the relevant product on the Platform. The operability of an eSIM Product outside the specified territory is not guaranteed unless expressly provided for in its description. Before purchase, the User independently assesses whether the product’s region of validity meets the User’s needs.
7.1. The Platform, including its software code, databases, interfaces, text and graphic materials, trademarks and other elements, is subject to intellectual property rights and belongs to the Company or is used by it on lawful grounds.
7.2. The grant of the License in accordance with Section 4 of this Offer does not entail the transfer to the User of any exclusive rights to the Platform or its elements.
7.3. The User is prohibited from copying or modifying the Platform or creating derivative works based on it; decompiling, disassembling or otherwise attempting to obtain the source code; transferring the rights to use the Platform to third parties, including by way of sublicense, assignment or sale; or using the Company’s designations and trademarks beyond the limits expressly permitted by this Offer without the Company’s written consent.
8.1. In order to comply with statutory requirements (including anti-money laundering requirements), the requirements of the Card Issuer, Providers, banks and payment systems, and in order to prevent fraudulent and other improper conduct, the Company is entitled to carry out a check (verification) of the User.
8.2. The Company is entitled to request from the User documents and information necessary for verification, and is entitled to engage specialized providers acting on the Company’s instructions to carry out the check. The list of information requested is determined by the Company taking into account the requirements specified in clause 8.1.
8.3. The Company is entitled to suspend the provision of services, restrict access to the Platform, refuse to sell a digital product, restrict the functionality of the Personal Account or cancel access if the User fails verification, provides inaccurate information, or where the Company has reasonable doubts as to the accuracy of the data provided.
8.4. The Company is entitled not to disclose to the User the specific reasons for refusing verification where such disclosure would contravene the requirements of the applicable law or the terms of the Card Issuer, banks or payment systems.
8.5. Processing of personal data obtained in the course of verification is carried out in accordance with Section 11 of this Offer and the Company’s Privacy Policy.
9.1. Access to the Personal Account is obtained using the User’s authentication credentials, including login, password, one-time codes and other means provided for by the Platform.
9.2. Actions performed using the User’s authentication credentials are deemed to have been performed by the User and are legally binding. Electronic documents and declarations of intent generated via the Platform are recognized as admissible evidence of the parties’ interaction.
9.3. The User must keep the authentication credentials confidential and immediately notify the Company of any unauthorized access.
9.4. The Company is not liable for the User’s loss of access to the Personal Account as a result of the blocking, deletion or compromise of the User’s messenger account, loss of access credentials, change of subscriber number, actions of malicious software or other circumstances beyond the Company’s control. The cost of services duly rendered is not refunded in such cases, except where the loss of access occurred through the fault of the Company.
10.1. The prices of digital products, the amount of remuneration for the License and other supplies made by the Company on its own behalf are indicated on the Platform before the relevant transaction is carried out.
10.2. The total amount of the User’s payment may include:
10.2.1. the Company’s remuneration for granting the License;
10.2.2. the price of a Gift Card;
10.2.3. the price of an eSIM Product;
10.2.4. funds intended for the execution of the User’s instruction to top up a card.
10.2.5. The funds specified in clause 10.2.4 do not constitute payment for the Company’s services, are not included in the Company’s remuneration and are accounted for separately from the Company’s own income.
10.3. The cost of a License duly granted and of a digital product duly transferred is non-refundable, except in the cases expressly provided for by this Offer or by mandatory rules of the applicable law.
10.4. Where an obligation to issue a settlement document arises under the applicable law, the Company sends the User the corresponding electronic settlement document.
11.1. The Company processes the User’s personal data for the purposes of concluding and performing the Agreement, complying with applicable requirements, ensuring security and for other purposes specified in the Privacy Policy, on the grounds provided for by the applicable law.
11.2. A specialized provider acting on the Company’s instructions may be engaged to render individual services and to carry out verification. The scope of the data processed and the purposes and periods of processing are determined by the Privacy Policy.
11.3. Personal data may be transferred to Card Issuers, Providers and other engaged persons in the jurisdictions necessary for the performance of the Agreement, in accordance with the applicable law and the Privacy Policy.
11.4. Where biometric personal data are processed, such processing is carried out only with the User’s separate consent, if such consent is required by the applicable law.
11.5. Personal data are stored for the period necessary to achieve the purposes of processing, perform the Agreement and comply with mandatory requirements, unless a longer period is established by the applicable law.
12.1. The parties recognize the legal force of communications sent via the Personal Account, e-mail, Telegram and other Platform interfaces enabling identification of the User, and to the e-mail addresses specified by the User upon registration and by the Company in Section 17 of this Offer. Such communications are deemed legally significant and give rise to legal consequences for the parties.
12.2. A communication is deemed received by the User on the day it is sent to the e-mail address specified by the User or posted in the Personal Account. The User must keep the User’s contact details up to date and bears the risk of not receiving communications as a result of their being out of date.
13.1. Requests, questions and complaints are to be sent to the Company’s support service at support@wanttopay.net and/or via the official support channel specified on the Platform.
13.2. Before applying to a court, the parties are entitled to take steps to settle the dispute through the complaint procedure. The period for reviewing a complaint is 10 (ten) business days from its receipt, unless another period is established by mandatory rules of the applicable law. This clause does not limit the User’s right to apply to a court where a mandatory pre-trial procedure is not provided for by the applicable law.
13.3. On matters relating to the use of the Platform and the products purchased, the Company interacts with the User who owns the relevant Personal Account. The User is identified by the e-mail address specified upon registration and/or by the messenger account linked to the Personal Account. The Company is entitled not to consider requests sent from other addresses or accounts, in order to ensure security and prevent unauthorized access.
13.4. In order to protect the User’s personal data, the Company is entitled to refuse to provide information in response to a request from a third party (representative, intermediary) if such person has not confirmed their authority to act on behalf of the User and has not provided the documents requested by the Company.
14.1. The parties bear liability in accordance with the applicable law, subject to the terms of this Offer.
14.2. The Company is liable to the User for the proper performance of its own obligations under this Offer, including the grant of the License and the transfer of digital products. The Card Issuer is responsible for the issuance and servicing of cards; the relevant Provider is responsible for the end goods, services, digital content and telecommunications services. The Company is not liable for the actions and decisions of such third parties, except in cases expressly provided for by mandatory rules of the applicable law, subject to the provisions of Sections 5, 6 and 15 of this Offer.
14.3. The terms of this Offer apply subject to the mandatory rules of law applicable to the User as a consumer.
14.4. The User undertakes to use the Company’s products in good faith and in accordance with the law applicable to the User, bearing sole responsibility for compliance with the restrictions established in the User’s jurisdiction.
15.1. The parties are released from liability for the partial or complete non-performance of obligations under the Agreement if such non-performance resulted from force majeure, that is, extraordinary circumstances that are unavoidable in the given conditions and that arose after the conclusion of the Agreement. Such circumstances include, in particular: military action, acts of terrorism, civil unrest, epidemics and pandemics; acts, actions or omissions of public authorities of any jurisdiction involved in the performance of the Agreement that render performance of obligations impossible or unlawful; the imposition of sanctions, embargoes and other restrictive measures by foreign states, their associations or international organizations, including the inclusion of the Company, of the credit institutions servicing it or of its counterparties in sanctions and other restrictive lists; the blocking of or restriction of access to the Platform (including the website, application or messenger through which access to the Platform is provided) by decision of the competent authorities; the disconnection of the Company or its counterparties from international payment or interbank systems; large-scale failures of the Internet or of backbone communication channels, denial-of-service (DDoS) attacks; accidents and failures of data centers, hosting providers and cloud services used by the Company; restrictions imposed by app store operators (App Store, Google Play), cloud services, content delivery networks (CDN) or domain name (DNS) providers that impede the functioning of the Platform; large-scale failures of blockchain networks and of providers of digital asset transactions.
15.2. The party for which performance of obligations has become impossible must notify the other party of the occurrence and cessation of such circumstances within a reasonable time. The Company notifies Users by posting information on the Platform and/or sending a message in accordance with Section 12 of the Offer. The occurrence of force majeure circumstances of a generally known nature does not require additional proof.
15.3. The period for performing obligations is extended in proportion to the time during which the force majeure circumstances and their consequences continue.
15.4. If force majeure circumstances continue for more than 3 (three) consecutive months, either party is entitled to withdraw from the Agreement unilaterally and out of court by notifying the other party. In such case the parties settle accounts in accordance with clause 15.7 of the Offer.
15.5. The User is notified of, and agrees, that performance of the Agreement depends on the actions of third parties — the Card Issuer, Providers, credit institutions, payment systems, acquirers and other participants in transaction processing located in various jurisdictions. The Company is entitled to suspend the provision of services (in whole or in part), to refuse to execute an individual instruction or to sell an individual product, and also, with the User’s consent, to replace a product with one of equivalent value, without the Company incurring any liability as a result, upon the occurrence of any of the following circumstances:
• termination, suspension or restriction by the Card Issuer of the issuance and/or servicing of cards or of individual categories of cards (BINs);
• refusal by a credit institution, payment system, acquirer or other participant in transaction processing to carry out transactions, the blocking of the Company’s accounts or the termination of contractual relations with the Company;
• termination or amendment by a Provider of the terms on which goods, services or digital content are supplied, including in respect of individual regions;
• a change in the legislation or in the requirements of the regulatory authorities of any of the jurisdictions involved as a result of which performance of the obligation becomes impossible or contrary to the applicable law; the introduction of requirements by Card Issuers, banks, payment systems or Providers that render the relevant transaction impossible or economically unjustified;
• the discovery that a transaction directly or indirectly involves a person, territory or jurisdiction subject to sanctions or other restrictive measures, or the suspension of a transaction as a result of internal control procedures of the Company or its counterparties;
• the discovery of indications of fraud, circumvention of applicable restrictions, provision of inaccurate information or the use of technical means that impede proper identification of the User or assessment of the risk of the transaction.
15.6. The circumstances specified in clause 15.5 do not constitute a breach of the Company’s obligations. The Company informs the User of the suspension of the provision of services via the Platform and/or in accordance with Section 12 of the Offer and, where possible, communicates the expected timeframe for resumption if such information is available to it.
15.7. Upon the occurrence of the circumstances specified in clauses 15.1 and 15.5 and the impossibility of executing the relevant instruction of the User, the Company returns to the User the funds received for the execution of such instruction and not transferred to the Card Issuer or another participant in transaction processing, less the expenses actually incurred and documented by the Company, if the withholding of such expenses is permitted by the applicable law. The Company’s remuneration for access actually provided to the Platform and its functionality (the License) is non-refundable in the part corresponding to the period during which access was actually provided. Once such a refund has been made, the Company’s obligation in respect of the relevant instruction is deemed terminated.
15.8. By accepting the Offer, the User confirms that the User understands the cross-border nature of the Company’s activities and accepts that the availability of individual functionality of the Platform, of particular cards, BINs, denominations of Gift Cards or eSIM Products depends on third parties and may change. The Company does not guarantee the continuous availability of any particular product or functionality, including a particular BIN, a particular Card Issuer, a particular telecommunications operator or a particular Gift Card denomination, and bears no liability for their temporary or permanent unavailability for the reasons specified in this Section.
16.1. This Offer is governed by the law of Hong Kong, unless otherwise required by mandatory rules of law applicable to the User as a consumer.
16.2. The choice of applicable law does not deprive the User of the protection afforded by mandatory rules of law of the state of the User’s habitual residence, where such rules are applicable irrespective of the choice of law.
16.3. Disputes are resolved by the competent court in accordance with the applicable rules of jurisdiction. Nothing in this Offer limits the rights granted to the User by mandatory consumer protection legislation.
WTP Technology Limited
TIN (INN) 9909760679
Registered in Hong Kong SAR, Incorporation number 76394774
Place where transactions are carried out: https://wanttopay.net
E-mail for enquiries: support@wanttopay.net
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