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提供电子货币和支付服务的一般条款和条件

有效期至 2024 年 4 月 8 日

1.序言

1.1.本《提供电子货币和支付服务的一般条款和条件》("GT&Cs")规定了使用纽威电子货币账户和相关支付服务的条款和条件。
1.2.这些 GT&Cs 应与《隐私政策》(可通过链接https://www.Nuvei.com/privacy-notice/获取,并通过引用纳入本文)以及适用于努维服务的任何其他条款和条件或其他文件一并阅读,它们均应构成努维与客户之间的法律协议。
1.3.这些GT&Cs适用于努维的自然人客户。
1.4.努韦服务专门支持具有商业元素的支付,即--我们将执行与您的虚拟资产交易相关的法定支付。努维无意为消费者的日常消费需求提供服务。通过接受这些 GT&Cs,您,我们的客户,确认您在使用我们的服务时不会充当消费者,因为此类活动始终具有商业元素。因此,这些 GT&Cs 是根据《立陶宛共和国支付法》第 3(7)条规定的豁免条款编写的,因此应适用《立陶宛支付法》第三部分第 4(1)、4(2)、4(3)、11(1)、11(2)、11(5)、29(3)、36、37、39、41、44、51、52 条的规定,这些规定导致了对《立陶宛支付法》规定的某些允许偏离。因此,请仔细阅读这些 GT&Cs 以充分了解您作为我们客户的权利和义务。
1.5.如果本 GT&Cs 未涵盖某些关系,则应按照适用法律的要求进行处理。
1.6.1.6. 请注意 GT&Cs 可能会不时更改,且此特定版本的 GT&Cs 仅适用于标题中 "自......起有效 "旁标明的日期。Nuvei 的客户将被单独告知 GT&Cs 的每次修改。请务必阅读有效版本。

2.关于Nuvei

2.1.Nuvei 是一家在立陶宛共和国注册成立的有限责任公司,法律代码为 304445876,注册地址为 Antakalnio str.
2.2.2.2. Nuvei 持有立陶宛银行于 2019 年 7 月 23 日颁发的第 54 号电子货币机构许可证。电子货币机构许可证授权 Nuvei 提供许可证中列出的服务。电子许可证可通过以下链接查看:https://www.lb.lt/en/enforcement-measures-1/view_license?id=1873。
2.3.2.3. Nuvei 的活动受立陶宛银行监管,立陶宛银行地址为 Gedimino avenue 6, LT-01103, Vilnius, the Republic of Lithuania,电话 +370 800 50 500。有关立陶宛银行的更多详情,请访问其官方网站:https://www.lb.lt/en/。
2.4.可通过电子邮件与 Nuvei 联系:[email protected]
2.5.2.5. Nuvei 已将其电子货币机构许可证通行到欧洲经济区国家和英国。此类许可证护照赋予努维向这些国家的居民或法律实体提供服务的权利。自 2021 年 1 月 1 日起,努维将根据英国的临时许可制度向英国居民或法律实体提供服务(英国脱欧后不再属于欧洲经济区),该制度受某些监管标准和要求的约束。如果您受到英国临时许可制度的影响,您可以在以下网址找到有关努维参与英国临时许可制度的更多信息 :https://register.fca.org.uk/s/firm?id=0010X00004NuWayQAF,或在以下网址找到有关临时许可制度的一般信息:英国 FCA 网站:https://www.fca.org.uk/consumers/how-brexit-could-affect-you/dealing-eea-firms-funds,或在以下网址找到英格兰银行网站:https://www.bankofengland.co.uk/eu-withdrawal/temporary-permissions-regime。

3.服务范围

3.1.GT&Cs规定了向客户提供以下服务的总体框架。

3.1.1.开设和维护电子资金账户;
3.1.2.发行和赎回电子货币,并将其存入为特定客户开立的电子货币账户;
3.1.3.执行支付转账:
a.电子货币账户之间的转账(内部转账);
b.从电子货币账户到在其他支付服务提供商处开立的支付账户(外部支付转账 - SEPA 和 SWIFT 支付)。
3.1.4.3.1.4. 直接借记:当收款人根据本《一般条款和细则》的规定同意进行支付转账时,从客户的电子货币账户中扣款;
3.1.5.3.1.5. 获取支付交易,使努维公司能够代表客户接受和处理中转账户内的支付交易,最终将资金转入客户的电子货币账户。
3.2.努韦仅支持法定货币服务。努韦不购买、储存或出售虚拟资产(加密货币),不组织 ICO,也不执行涉及加密货币的货币兑换。对于努维客户而言,这意味着通过使用努维服务,您将无法向努维转移虚拟货币或在您的电子货币账户中保存虚拟货币。您所有与虚拟资产相关的活动都不在努维服务范围内,努维对您的此类活动不承担任何责任。努维仅作为您的支付服务提供商,协助您并确保您对出售或购买的虚拟资产进行支付,而虚拟资产交易仍由您和此类交易的另一方(如加密货币交易所)负责。

4.定义

4.1. Affiliates – mean any person or entity which directly or indirectly controls, is controlled by, or is under common control with Nuvei as of the date of these GT&Cs as well as other Nuvei group companies, for as long as such relationship remains in effect. For purposes of this definition, “control” means the direct or indirect ownership of at least 50% of the outstanding voting securities of a party, or the right to control the policy decisions of such party.
4.2. Business Day – means Monday, Tuesday, Wednesday, Thursday and Friday, i.e. days when Nuvei and commercial banks operating in the Republic of Lithuania are open for business. Saturday, Sunday and holidays when Nuvei and banks operating in the Republic of Lithuania do not work, including public holiday days, are not considered as Business Day.
4.3. Client – means you, a natural person, willing to enter into a contractual relationship with Nuvei under the GT&Cs, the subject matter of which is provision of Services.
4.4. Confidential Information – means any information, facts and data that are used in the GT&Cs, as well as all other information, facts and data that were received by Nuvei about the Client (and vice versa) during the course of contractual relationship between Nuvei and the Client covered by these GT&Cs which has a certain value and capacity to cause benefit or harm to Nuvei and / or the Client, or information that is classified by its provider as confidential or its confidential nature results from its essence or circumstances of which of the other Party is aware including but not limited to information on payment transactions, on commercial terms offered to the Client and any other information relating to the activities of any of the Parties.
4.5. Direct Debit – a payment service where a payment transaction is initiated by the payee requesting debiting Client’s E-money account and when Nuvei debits Client’s E-money account on the basis of the consent given by the Client to Nuvei under these GT&Cs.
4.6. Electronic money – funds of the Client credited or transferred to and held on E-money account for execution of Payment Transfer.
4.7. E-money account – a virtual account having its IBAN number opened within the Nuvei Platform in the name of the client and used to perform Payment Transfers.
4.8. GT&Cs – means these General Terms and Conditions for the Provision of E-Money and Payment Services and all its annexes (if any) under which the Client and Nuvei agree regarding the provision of Services. In case other agreements are concluded between the Client and Nuvei with respect to the provision of Services prior to the Client accepts these GT&Cs, such agreements shall be considered as integral part of these GT&Cs. In case clauses of agreement(s) signed prior to accepting these GT&Cs contradict with the GT&Cs – provisions of the GT&Cs shall prevail, unless agreed by the Client and Nuvei otherwise in writing. In case clauses of agreement(s) signed after these GT&Cs contradict with the GT&Cs – provisions of the subsequent agreement(s) shall prevail, unless agreed by the Client and Nuvei otherwise in writing.
4.9. Identifier – unique credentials (e.g. ID, password) used by the Client to access his/her User Account and initiate Payment Transfers.
4.10. Payment Order – means an unconditional and unequivocal instruction given by the Client to Nuvei within the Nuvei Platform for the performance of the Payment Transfer.
4.11. Payment Services – payment services listed in clauses 3.1.3 – 3.1.5 of the GT&Cs which shall be provided to the Client by Nuvei and which are listed in electronic money institution license issued to Nuvei which may be found via the link provided in clause 2.2 of the GT&Cs.
4.12. Payment Transfer – means a payment transaction executed by Nuvei following the Payment Order received from the Client according to the rules established in these GT&Cs.
4.13. Parties – means Nuvei and the Client who accepted the GT&Cs.
4.14. Segregated Account – means a segregated bank account opened by Nuvei with an EEA credit institution to hold Clients’ funds for funds safeguarding purposes.
4.15. Services – mean E-money related services and Payment Services to be provided by Nuvei to the Client under the GT&Cs which are all listed in clause 3.1 of the GT&Cs.
4.16. Nuvei – UAB “Nuvei”. More details about Nuvei are provided in Section 2 of these GT&Cs.
4.17. Nuvei Platform – means an IT based platform which is owned by the parent company of Nuvei and within which the Services are provided and E-money accounts are opened to Nuvei Clients.
4.18. Transit Account – an electronic money account having its IBAN number opened within the Nuvei Platform in the name of Nuvei which is to be used either (i) to collect funds in Fiat currency from the virtual asset liquidity providers for the virtual asset sold by the Client and to transfer the funds in Fiat currency to the E-money account of the Client or (ii) as an interim account to which the Client transfers its funds so that Nuvei could later distribute them to the payees following Client’s instructions.
4.19. User Account – means a secure environment provided by Nuvei to each Client which may be reached by the Client through the Nuvei Platform which is available via the Website. User Account means a page / window assigned to each Client separately, i.e. each Client shall have his/her own User Account to which the Client may log in using logins and passwords created to and by that particular Client. In the User Account each Client can check data on transactions and other additional business information, place Payment Orders and initiate Payment Transfers.
4.20. Website – means https://accounts.Nuvei.com.
4.21. Other words used in the GT&Cs shall be explained following the Law on Payments of the Republic of Lithuania, unless the situation dictates otherwise.

5.接受GT&Cs并订立合同关系

5.1.这些 GT&Cs 规定了客户和努维在提供服务方面的相互权利、义务和责任,包括与终止、范围和修改 GT&Cs 以及双方合同关系有关的权利、义务和责任。
5.2.如果客户不理解或不希望同意 GT&Cs 中的特定条款,则客户不得接受 GT&Cs。接受这些 GT&Cs 即证明客户确认并承诺遵循和遵守这些 GT&Cs 的所有条款。
5.3.当客户按照 GT&Cs 第 11.2 条(当客户仅与努维建立有关提供服务的合同关系时)或 GT&Cs 第 8 条(当客户已经与努维建立有关提供服务的合同关系并且 GT&Cs 被修改时)的规定在努维平台注册过程中确认这些 GT&Cs 时,这些 GT&Cs 将被视为被客户接受。
5.4.尽管客户接受了《一般条款和条件》,但这本身并不意味着双方在提供服务方面的合同关系已经成立。当努维做出接受客户的决定并按照 GT&Cs 第 11.3 条的规定以书面形式分别通知客户时,双方之间的合同关系即被视为成立。为了做出这样的决定,努韦需要对客户执行全面的 "了解您的客户 "程序,包括核实客户身份、"了解您的客户 "文件、决定客户的风险敞口,这些都是立陶宛共和国《防止洗钱和资助恐怖主义法》所要求的。只有当评估结果显示努韦公司可以向客户提供服务时,客户才能获得服务。
5.5.为了解客户,可能会要求客户提供额外或更新的信息、数据和/或文件。客户拒绝提供此类信息、数据、文件和/或提供不充分或虚假的信息、数据、文件应被视为纽威拒绝与客户建立合同关系或决定终止根据 GT&Cs 提供服务的合同关系的理由,并可能根据适用法律的要求向有关当局披露。此外,为执行 "了解您的客户 "或其他反洗钱或打击恐怖主义融资程序,努韦可能需要向第三方提供从客户处获得的信息。客户接受 GT&Cs 即被告知,有关客户的信息将提供给此类第三方,但仅限于客户入职和执行后续合法行动(包括但不限于监测业务关系)所需的范围。

6.与使用服务有关的安全风险的信息

6.1.本节专门向客户说明与使用服务相关的安全风险。
6.2.努维和您(我们的客户)双方都可能出现安全风险。为确保控制安全风险,努维实施了最佳安全实践,旨在将安全风险水平降至最低,并不断更新和监控这些实践。但是,没有人能够百分之百地避免安全风险,因此,在控制安全风险和防止安全事故发生时,不仅努维,而且客户也必须谨慎行事,这一点非常重要。
6.3.要降低安全风险,就必须了解这些风险可能如何发生以及发生这些风险可能产生的影响。安全风险的例子如下(并非详尽无遗):客户身份信息或标识符泄漏、被盗或丢失,客户计算机或努维系统被黑客攻击,其他欺诈行为使第三方能够滥用、欺诈或未经授权使用客户的用户账户,例如,未经客户实际授权而代表客户下付款订单。此外,客户的计算机或服务所使用的互联网,甚至移动电话运营商的网络也可能出现技术问题,导致无法使用或暂停使用服务。所有这些行为都可能给客户造成损失,也可能成为其他非法行为的一部分,包括从洗钱/恐怖融资的角度来看。
6.4.客户有责任保护用于接收服务的设备,不向第三方泄露身份信息。为以合规和安全的方式接受服务,客户承担以下主要责任:
6.4.1 不得让第三方接触到设备和/或识别信息;
6.4.2. 记住个人信息,不将其写在他人容易找到的地方,不向第三方透露;
6.4.3. 不得让第三方使用客户的设备或个人信息;
6.4.4. 采取一切措施确保客户用于获取服务的设备的最佳安全性(例如,安装杀毒软件、反间谍软件、防火墙、使用多因素验证、强密码等);
6.4.5. 如果客户提出紧急交易要求或来自意想不到的人,不得进行任何交易(爱情骗局、尼日利亚王子骗局、预付费骗局、慈善骗局、金字塔骗局等);
6.4.6. 立即通知努韦公司,并通过以下网站的门户提交投诉单 https://accountsnuvei.zendesk.com/hc/en-gb/requests/new6.4.6. 如果发生任何可能导致您的账户被欺诈、滥用或未经授权使用的事件,请立即通知纽威;
6.4.7. 采取客户希望采取的所有其他措施和行动,以确保客户凭证和标识符的安全,不向未经授权的第三方提供其用户帐户或服务。

7.合同关系的期限

7.1.自客户接受 GT&Cs 时起,双方在提供服务方面形成的合同关系应持续十二 (12) 个月("初始期限"),除非按照 GT&Cs 的规定提前终止。
7.2.初始期限到期后,双方之间的合同关系将自动延长十二(12)个月(每个期限为 "续约期限"),除非任何一方在初始期限或任何续约期限(如适用)到期前至少十四(14)个日历日书面通知另一方,表示不希望延长合同关系并希望终止合同关系(初始期限和续约期限(如有)统称为 "期限")。展期次数不限。

8.GT&Cs的修改

8.1.努韦有权通过电子邮件向客户发送不少于 7(七)个日历日的书面通知,单方面修订 GT&Cs,除非修订对客户有利(如适用费用降低),或适用法律或监管机构的指示要求立即生效 - 在这种情况下,事先书面通知的要求不适用。
8.2.在向客户发送通知即将修改 GT&Cs 的同一封电子邮件的同时,还将向客户发送修改后 GT&Cs 的模板或指向放置修改后 GT&Cs 模板的网站的有效链接。客户如需保留修改后的版本,应从网站或电子邮件中下载。
8.3.如果建议的修改对客户产生负面影响(例如,适用的费用增加、服务的提供因适用法律要求的改变而收紧等),客户有权不同意所做的修改,并通过向努维提交书面终止通知来终止这些 GT&Cs 所涵盖的与努维的合同关系。该书面终止通知应由客户在努维提出的修订生效日期之前提交给努维,即在本 GT&Cs 第 8.1 条规定的 7(七)个工作日内。根据本条款终止合同关系时,Nuvei 无需支付任何费用。提交终止通知的程序见 GT&Cs 第 21 条。如果 GT&Cs 的拟议修订对客户没有负面影响,则客户无权根据 GT&Cs 的本节规定终止与努维的合同关系,但客户有权根据下文第 9 节规定的理由终止 GT&Cs 规定的合同关系。
8.4.如果客户没有按照 GT&C 条款第 8.2 款的规定通知纽威终止合同,则 GT&C 条款的拟议修正案应从纽威根据 GT&C 条款第 9.1 款发出通知时指定的日期起生效。生效的修订不具有追溯效力,也不影响修订生效前客户与努维之间产生的任何权利和/或义务。

9.合同关系的终止

9.1. Termination under Legal Acts or under Request of the Supervisory Authority. Nuvei shall have the right, in all instances, to terminate contractual relations covered by these GT&Cs between the Parties unilaterally (without applying to court or coordinating with the Client) where so required by legal acts and/or supervisory authority(-ies) supervising activities of Nuvei. Contractual relations between the Parties shall be terminated within a period established under such legal acts or established by the supervisory authority(-ies). In case legal acts and/or supervisory authority do not establish a particular termination period, then the contractual relations between the Parties shall be terminated immediately but in any case no later than within thirty (30) calendar days.
9.2. Termination under grounds related to anti-money laundering and countering terrorist financing requirements. Nuvei shall have a right, in all instances, to terminate the contractual relations covered by these GT&Cs between the Parties unilaterally (without applying to court or coordinating with the Client) where Nuvei identifies that the Client fails to meet applicable anti-money laundering and countering terrorist financing requirements, including, but not limited to cases, when the Client fails to submit all the required information or documents, submits false data, wants to conceal data, engages in actions related to money laundering and/or terrorist financing, etc. If such grounds are identified, the contractual relations shall be terminated immediately, unless regulators set different terms or required to perform additional actions. Depending on legal requirements, Nuvei may be prohibited to disclose concrete contractual relations termination grounds to the Client and, if so required under applicable laws, shall submit information and documents related to the Client to relevant authorities. These circumstances may be also relied upon by Nuvei when suspending provision of Services to the Client, including blocking the E-money account(s) and/or User Account for the period when the situation is properly assessed by Nuvei, however, no longer than 30 days (extensions in specific situations are possible, e.g. when the Client provided requested documents, however, additional time is needed for the documents to be certified).
9.3. Termination under request of Nuvei banking and/or payment services partners. Nuvei shall have the right, in all instances, to terminate the contractual relations covered by these GT&Cs between the Parties unilaterally (without applying to court or coordinating with the Client) where so required by Nuvei banking and/or payment services partners. In such cases Nuvei may have no authority to affect the decision of its banking and/or payment services partners, however, will make its best to ensure that the termination is based on objective reasons (e.g. related to anti-money laundering regulation, etc.). Contractual relations between the Parties shall be terminated within a period requested by the banking and / or payment services partners of Nuvei with a prior notice to the Client.
9.4. Termination for Convenience. Either Party may terminate the contractual relations covered by these GT&Cs between the Parties unilaterally (without applying to court) at any time upon provision of a 30 (thirty) calendar days’ prior written notice to the other Party.
9.5. Other grounds. The contractual relations covered by these GT&Cs between the Client and Nuvei may be terminated upon occurrence of other termination grounds established under these GT&Cs, including but not limited to, for instance, established under clauses 5.5, 8.2, 12.4 and 17.4 of the GT&Cs. The contractual relations covered by these GT&Cs between the Client and Nuvei shall be terminated within thirty (30) calendar days after the occurrence of the termination ground.
9.6. Effect of Termination. Upon the expiration or termination of the contractual relations covered by these GT&Cs between the Parties for whatever reason indicated above: (i) all rights granted herein shall terminate immediately; (ii) each Party shall promptly return to the other Party, or destroy and certify the destruction of all Confidential Information to the other Party, if any, except for cases when legal acts require to store relevant data even after termination of business relationships; (iii) each Party shall remit in full all payments due to the other Party according to these GT&Cs or other agreements between the Parties accruing prior to the date of termination, and following such final payment, neither Party will be entitled to receive any payment from the other Party; (iv) any provision of the GT&Cs that by its very nature or context is intended to survive any termination, cancellation or expiration hereof, shall so survive; and (v) all other performance obligations of both Parties under the GT&Cs shall cease; (vi) Nuvei shall not have a duty to provide the Client with information about all payment operations initiated by the Client within 36 months period. However, such information may be provided to the Client subject to additional fee applied by Nuvei which shall be determined considering the scope of information requested and technical abilities to accumulate and submit such information. The termination itself shall be free of charge, i.e. Nuvei shall not charge the Client with a separate termination fee.
9.7. Provision of notice regarding termination. The written notice regarding termination of the contractual relations covered by these GT&Cs between the Parties for whatever reason listed above shall be submitted by the terminating Party to the other Party as specified under Section 22 of the GT&Cs and following timeframes established under this Section.

10.服务

10.1. During the Term (as defined above in clause 7.2) of the GT&Cs, Nuvei shall provide the Client with the Services.
10.2. Services shall consist of opening and maintenance of E-money account, issuance and redemption of E-money and provision of Payment Services.
10.3. E-money account: The Client may have one or several E-money accounts opened with Nuvei Platform. However, the Client is allowed to have only one User Account. Each E-money account shall have an IBAN assigned which shall be unique and allow recognizing the E-money account and the Client for whom such E-money account is opened. The Client may access his/her E-money account via the User’s Account which is available within the Website. Funds held in an E-money account shall not constitute a deposit and interest shall not be paid to the Client for the electronic money held within the E-money account.
10.4. Payment Services: Payment Services shall be provided by Nuvei in non-cash form and exclusively remotely, i.e. via electronic means.
10.5. Currency exchange: Nuvei may provide the Client with currency exchange services. The Client shall have a right to initiate currency exchange of funds held within the E-money account once this service becomes available within Nuvei Platform and User Account. The currency exchange shall be based on the exchange rate applied by Nuvei, which is valid at the moment of conversion and which shall be determined by using European Central Bank’s standard rate plus a certain percentage applied by Nuvei which shall be posted within Nuvei Platform. When available, the currency exchange service should be considered as a separate service which is applied only under request of the Client. Accordingly, in cases when the Client wants to initiate a Payment Transfer and for this executes a currency exchange, however, the Payment Transfer is rejected and cannot be processed further, the amount of funds to be refunded to the Client’s E-money account might be lower, i.e. less of currency conversion fees. If Nuvei changes the currency conversion rates, they become affective as of the change date without applying Client’ notification requirement as specified under Section 8 of the GT&Cs.
10.6. Funds may be held on an E-money account only in EUR or other Fiat currencies which might be indicated within Nuvei Platform and User Account as possible to be held within an E-money account. In cases where only EUR balance is allowed and the Client receives funds in different Fiat currencies, Nuvei shall have the right and the Client gives an irrevocable consent to initiate currency exchange of funds before crediting them to the Client’s E-Money account based on exchange rate described above in this clause 10.5 of the GT&Cs. The Client hereby expresses its consent and undertakes responsibility for possible losses due to currency exchange performed in such cases and shall not have a right to raise claims to Nuvei with this respect.
10.7. By keeping funds in different currency (if and when such possibility will be supported by Nuvei), the Client undertakes responsibility for possible depreciation of funds due to changes in currency exchange rates and shall not have a right to raise claims to Nuvei with this respect.
10.8. Currencies: Balances within E-money accounts may be held and Payment Services shall be supported by Nuvei only in EUR or other Fiat currencies which might be indicated within Nuvei Platform and User Account as possible to be served by Nuvei.
10.9. Since Nuvei provides the Services by electronic means, your instructions given to Nuvei shall be confirmed by the means Nuvei uses to confirm your identity on the Nuvei Platform. Your consents, approvals, acceptances and other statements given though the use of Nuvei Platform shall have the same legal validity as Client’s signature on a written document. Client’s agreements concluded with Nuvei via Nuvei Platform shall be deemed to be written agreements concluded between the Client and Nuvei.
10.10. If the Client requests Nuvei to perform additional services listed in the Website than the ones agreed under these GT&Cs (“New Services”), Nuvei may, at its sole discretion, provide a written quote to the Client listing the charges for the requested New Services (“New Services Fees”). The Client may accept such quote within seven (7) calendar days, and elect to have Nuvei perform the New Services, and the consideration under the GT&Cs will be adjusted to also reflect the New Services Fees. If the Client so elects, the New Services will then be deemed part of the “Services” and will be subject to the terms and conditions of the GT&Cs beginning on the date agreed to by the Client and Nuvei. For the avoidance of doubt, except as otherwise agreed to by Nuvei expressly and in writing, Nuvei will not in any case be obligated to provide any additional services, and shall render any such additional services only to the extent Nuvei has the ability to do so and if such service is possible to be provided by Nuvei according to the scope of Nuvei electronic money institution license.

11.在Nuvei平台注册和创建用户账户

11.1.为了开始使用服务,客户必须在努维平台注册。
11.2.在努维平台上注册应由客户按照以下步骤进行:
1.连接至网站;
2.点击 "开设免费账户";
3.提供电子邮件地址并点击 "下一步";
4.阅读 GT&Cs 和隐私政策。只有当您同意 "一般条款与细则 "和 "隐私政策 "时,才可点击 "下一步";
5.努韦将向您在上述步骤 3 中填写的电子邮件发送验证链接;
6.点击验证链接,您将被重定向到努维平台,在那里您可以执行进一步的步骤;
7.提供个人详细信息。如果国籍较少,请全部添加。然后点击 "下一步";
8.提供您的电话号码,然后点击 "下一步"。请注意,该电话号码将用于向您发送授权交易所需的确认代码,以及出于其他目的与您联系,因此请务必提供正确的电话号码;
9.根据纽威说明创建密码,然后点击 "下一步";
10.按照屏幕上的说明提供您的详细地址,然后点击 "下一步";
11.按照努维在屏幕上显示的具体说明,执行您的身份验证和收集 "了解您的客户 "信息所需的所有操作。这可能需要一些时间,但请注意,这些信息对我们向您提供服务非常重要,因此,请提供所有必要信息并确保其准确、正确和真实;
12.如果上述所有步骤均正确执行,且努维收到客户提供的所有信息,努维将为您开设用户帐户。
11.3.请注意,开设用户账户并不意味着您(我们的客户)从那一刻起就可以使用服务--根据 GT&Cs 第 5.4 和 5.5 条的规定,努维需要为此进行所有了解客户的评估,并且只有根据此类评估,努维决定向您提供服务时,您才可以使用服务。努维将尽快但不迟于您提供所需信息和文件后的五 (5) 个工作日内以书面形式单独通知您其决定(肯定或否定)。在需要进行更全面分析的特定情况下,可能需要更多时间进行评估。
11.4.Nuvei 有权拒绝客户注册而无需说明理由,但是 Nuvei 应确保拒绝注册始终基于 Nuvei 无需或无权披露的重要理由。

12.开设电子货币账户

12.1.一旦客户收到纽威关于客户接受和提供服务的通知(如第 11.3 条所规定),客户的服务将被激活,客户将能够在纽威平台内开设电子货币账户。
12.2.在努维平台内为客户开立的电子货币账户的期限不确定,但不得超过《细则与条款》第 7.2 条规定的期限。
12.3.客户可以在努韦平台上开设多个电子货币账户。
12.4.电子货币账户允许客户存款、转账、在电子货币账户中保留资金用于转账、执行本地和国际转账、缴款支付,也可接收电子货币账户中的资金、结算商品和服务,以及执行与电子货币转账直接相关的其他操作,包括货币兑换(当努维提供时)。然而,根据客户的风险敞口以及努韦认为对适当管理和控制特定客户相关风险至关重要的其他标准,努韦有权对客户电子货币账户的功能进行限制(例如,只允许向客户的支付账户或从客户的支付账户进行支付,以及禁止第三方支付等)。
12.5.电子货币账户上的资金应视为 Nuvei 在客户向其电子货币账户转账后发行的电子货币。在客户将资金转入其电子货币账户且努维收到资金后,努维将按面值发行相应金额的电子货币并将其存入电子货币账户,并在下一个工作日之前将从客户处收到的资金存入独立账户。电子货币仅记入电子货币账户并由其持有。
12.6.在电子货币账户上持有的电子货币不应被视为存款,努韦在任何情况下都不会为在电子货币账户上持有的电子货币支付任何利息,也不会提供与存款和/或与电子货币存储期限相关的任何其他利益。
12.7.应客户要求,客户电子货币账户中的电子货币可随时按面值赎回,但法律另有规定的除外。赎回电子货币时,Nuvei 不收取任何费用。
12.8.客户应通过生成支付指令提交赎回电子货币的请求,将电子货币从其电子货币账户转入客户指定的属于客户的任何其他账户。赎回或转账的电子货币金额由客户选择。
12.9.如果客户终止本《细则与条款》所涵盖的合同关系并要求关闭其电子货币账户和删除其用户账户,或者努维终止本《细则与条款》所涵盖的合同关系,则电子货币账户上的资金应转入客户的银行或在客户指定的另一家支付服务提供商处开立的支付账户,除非与努维另有明确的书面约定。努韦有权从属于努韦的应偿还资金中扣除费用(提供服务的费用和/或客户未支付的费用,如有)。如果努韦公司与客户之间发生争议,努韦公司有权扣留争议资金,直至争议得到解决。
12.10.如果由于努维无法控制的原因导致努维无法向客户偿还资金,则应立即通知客户。客户应立即提供偿还资金(执行付款)所需的补充信息。

13.电子货币账户的使用

13.1. The Client can manage an E-money account via the Nuvei Platform by logging in to Client’s User Account.
13.2. The Client shall have a right to execute Payment Transfers from the E-money account to other E-money accounts opened with Nuvei (internal transfers) or to accounts opened within other payment service providers. The Client shall also have a right to receive Payment Transfers to his/her E-money account from other E-money accounts opened with Nuvei or from other payment accounts opened with other payment service providers. However, subject to Client’s risk exposure and other criteria that may be seen by Nuvei as of the key importance for the proper management and control of risks related to the particular Client, Nuvei shall have a right to apply limitations towards the functionality of the Client’s E-money account (for instance, to allow only payments to / from payment accounts of the Client and to forbit third-party payments, etc.).
13.3. Opening and maintenance of an E-money account is free of charge, except for inactive E-money account(s), as specified in clause 13.4.1 below in these GT&Cs.
13.4. If the Client did not login to his/her E-money account and did not perform any transaction on his/her E-money account for more than 12 (twelve) months, Nuvei shall have a right to terminate the GT&Cs. In this case the following procedure should be followed:
13.4.1. if the E-money account of the Client is inactive for 3 (three) months in a row or more and the balance of E-money account is 0 (zero), Nuvei shall have a right to terminate the contractual relations formed under these GT&Cs with the Client. For this, Nuvei shall submit the Client with a prior written notice under which the Client would be informed about the expected closing of inactive E-money account if the Client does not start using it until the date indicated in Nuvei notification about E-money account closing which shall not be less than 30 (thirty) calendar days. If the Client starts using the E-money account and starts performing Payment Transfers within the indicated term, the E-money account would not be terminated. If the Client does not start using the E-money account within the indicated term, the E-money account would be terminated and the Client would be informed accordingly. It is a right of Nuvei to decide whether to terminate the contractual relations with the Client in case its E-money account is inactive for more than 3 (three) months and its balance is 0 (zero), however, Nuvei should not tolerate inactivity period for a period longer than 12 (twelve) months – if Client’s E-money account is inactive for more than 12 (twelve) months and its balance is equal to 0 (zero), Nuvei right to close such E-money account turns into a duty. If the E-money account to be closed is the only E-money account of the Client, contractual relations with the Client shall be terminated as well;
13.4.2. If the E-money account of the Client is inactive for 12 (twelve) months in a row and there is a positive balance within the E-money account, Nuvei shall inform the Client about the fee to be applied for an inactive E-money account. If after notifying the Client it does not express its intention to close inactive E-money accounts, Nuvei shall keep it open, however, Nuvei obtains a right to charge the inactivity fee by deducting it from the E-money account of the Client on a monthly basis. The inactive account fee shall be applied on a monthly basis for each and every inactive E-money account that the Client might have starting from the thirteen (13) month after the last payment transaction was executed or received or currency exchange was performed within the E-money account. Nuvei shall have a right to keep charging the inactivity fee until the balance of inactive E-money account comes to 0 (zero). When the E-money account comes to 0 (zero), Nuvei shall inform the Client about the expected closing of inactive E-money account if the Client does not start using it until the date indicated in Nuvei notification about E-money account closing which shall not be less than 30 (thirty) calendar days. If the Client starts using the E-money account and starts performing Payment Transfers within the indicated term, the E-money account would not be terminated. If the Client does not start using the E-money account within the indicated term, the E-money account would be terminated and the Client would be informed accordingly.
13.5. The Client, having noticed that funds have been credited to Client’s E-money account by mistake or in other ways that have no legal basis, is obliged to notify Nuvei about it. The Client has no right to dispose of funds within an E-money account that do not belong to it. In such cases Nuvei shall have the right and the Client gives an irrevocable consent to deduct such funds from Client’s E-money account without the Client’s order. If the amount of funds owned by the Client and held in the Segregated Account is insufficient to debit the funds credited by mistake, the Client unconditionally commits to repay Nuvei the funds credited by mistake in 3 (three) Business Days from the receipt of such request from Nuvei.
13.6. The Client may check his/her E-money account balance, E-money account history, information about initiated Payment Transfers (recipients, senders, currency, amount of transaction, date of transaction, account numbers, etc.), currency exchange rates applied by Nuvei, commissions / fees applied by Nuvei, by logging in to his/her User Account.
13.7. The Client shall ensure that:
13.7.1. incoming funds on his/her/its E-money account are not obtained as a result of criminal activity;
13.7.2. the Client will not use Services provided by Nuvei for any illegal purposes, including actions and operations in order to legalize funds received for a criminal or illegal activity.

14.转运账户的使用

14.1.在客户愿意与虚拟资产流动性提供商执行支付转账的情况下,经纽维公司许可,客户必须以 GT&Cs 本节下文所述的方式使用转接账户的功能。
14.2.转帐账户是以努维名义开立的电子货币账户,仅支持努维平台内部支付,即仅支持电子货币账户之间的内部转账。只有努维有权访问和管理转接账户,并且是转接账户的所有者。
14.3.经努韦公司许可,客户可将转接账户用作以下用途
14.3.1. 电子货币账户,用于收集和积累虚拟资产流动性提供者向客户支付的款项。在中转账户内收取付款后,努韦公司将按照与客户商定的时限将收取的金额转入客户的电子货币账户。在这种情况下,虚拟资产流动性提供商将获得中转账户的 IBAN 号码,并将努维视为收款人,尽管他们知道努维只是支持收款人付款的支付服务提供商;
14.3.2. 电子货币账户,客户可向该账户发送电子货币,随后由努维将其分发给收款人。在这种情况下,收款人将把努维视为付款人,尽管他们知道努维只是支持付款人付款的支付服务提供商。
14.4.努维可能会对转接账户的使用收取单独费用。客户将另行收到有关费用的书面通知。转接账户的费用可从客户转入/转接账户或客户电子货币账户的资金中扣除。

15.收到支付令。履行支付令

15.1. The Client will be able to place Payment Orders only after logging into his/her User Account. The Client shall provide a Payment Order for the execution of the Payment Transfer following instructions specified in the Nuvei Platform and valid at the moment of Payment Transfer initiation. Before sending a Payment Order for the execution of a Payment Transfer the Client is required to check and update the instructions on filling in the account. After the Payment Order is placed, Nuvei will execute the Payment Order following its details.
15.2. Provided the Client is the payer, the Payment Order is considered received by Nuvei on the day when it is placed with the User Account of the Client, or, if the moment of receipt of the Payment Order is not a Business Day, the Payment Order shall be considered received on first Business Day coming after.
15.3. The Payment Order that was received by Nuvei on a Business Day, but not on business hours set by Nuvei, shall be considered received on the nearest Business Day.
15.4. The Client and Nuvei shall have a right to agree that the Payment Order shall be executed on particular agreed day or only after certain conditions are met (i.e. Direct Debit service). For instance, if the Client is required to pay the price for the purchased asset to the seller only after the Client receives the purchased asset from the seller, the Client may instruct and authorize Nuvei in advance to execute Payment Transfer from Client’s E-money account to the seller after Nuvei receives information that the Client received the purchased asset. In this case, the Client is not required to place separate Payment Orders after the purchased asset is received by the Client, instead, the Payment Order of the Client shall be considered received by Nuvei the day when Nuvei received information that asset was transferred to the Client. The Client shall ensure that the balance of Client’s E-money account is always sufficient to execute Payment Transfer. If, at the moment when Nuvei shall execute Payment Transfer from Client’s E-money account to the seller as specified in this clause the balance of Client’s E-money account is not sufficient, Nuvei will contact the Client and inform about non-sufficient balance of Client’s E-money account. In such case Nuvei shall not be deemed liable for the non-execution of Payment Transfer and the duty to execute Payment Transfer shall become valid only after the Client credits its E-money account and the balance is sufficient to execute Payment Transfer. Nuvei shall also have a right to apply fees in case of impossibility for Nuvei to perform Payment Transfer due to reasons indicated in this clause. The Client is to be informed separately about such fees.
15.5. Terms for Payment Order execution:
15.5.1. in case Payment Order shall be executed within Nuvei Platform (i.e. internal transfer) – Payment Order shall be executed immediately, i.e. up to a few minutes, unless the Payment Order is suspended due to cases set forth by legal acts and the GT&Cs, regardless of business hours of Nuvei;
15.5.2. in case an external (i.e. from E-money account to payment account opened with another payment service provider) Payment Order is initiated in EUR currency and within European Economic Area countries – Payment Order shall be executed within (1) one Business Day and funds shall be credited to the recipient’s account as soon as they are received by the recipient’s payment service provider, unless the Payment Order is suspended due to cases set forth by legal acts and the GT&Cs;
15.5.3. in case an external (i.e. from E-money account to payment account opened with another payment service provider) Payment Order is initiated in currency other than EUR – Payment Order shall be executed within (4) four Business Days and funds shall be credited to the recipient’s account as soon as they are received by the recipient’s payment service provider, unless the Payment Order is suspended due to cases set forth by legal acts and the GT&Cs;
15.5.4. in case an external Payment Order is initiated in EUR currency and Payment Order is initiated and shall be executed in the Republic of Lithuania – the Payment Order shall be executed within the same Business Day provided that the Payment Order was received until 12 a.m. (noon), unless the Payment Order is suspended due to cases set forth by legal acts and the GT&Cs. In case the Payment Order was received after 12 a.m. (noon), the Payment Order shall be executed no later than within the next Business Day and funds shall be credited to the recipient’s account as soon as they are received by the recipient’s payment service provider, unless the Payment Order is suspended due to cases set forth by legal acts and the GT&Cs.
The above terms may be extended if so required according to factual circumstances (e.g. terms also depend on Nuvei banking and/or payment service partners) and/or is allowed under legal acts (e.g. when Nuvei assesses whether the expected Payment Transfer is not suspicious or related with money laundering and / or terrorist financing).
15.6. Payment Orders submitted by the Client shall comply with requirements applicable for the submission of the Payment Order and (or) content of the Payment Order set by the legal acts or by Nuvei. Payment Orders submitted by the Client shall be formulated clearly, unambiguously, shall be executable and contain clearly stated consent of the Client. Nuvei does not undertake responsibility for errors, discrepancies, repetitions and (or) contradictions in Payment Orders submitted by the Client, including but not limited to, correctness of requisites of the Payment Order submitted by the Client.
15.7. Nuvei shall have the right to refuse to execute a Payment Order in case of a reasonable doubt that the Payment Order has been submitted not by the Client or in case of other lawful suspicion with respect to the Payment Order. In such cases, Nuvei shall have the right to demand from the Client to additionally confirm the submitted Payment Order and (or) submit additional information or documents confirming the Payment Order. Payment Order may be proceeded only if the Client submits requested information or documents and/or deletes technical defects. Notification about the refusal to execute Payment Order shall be submitted to the Client following procedure established under Section 22 of the GT&Cs. Notification about the refusal to execute Payment Order shall be submitted to the Client immediately but in any case not later than:
15.7.1. in case Payment Order is initiated in EUR currency – within (1) one Business Day;
15.7.2. in case Payment Order is initiated in currency other than EUR – within (4) four Business Days.
The above terms may be extended if so required according to factual circumstances (e.g. terms also depend on Nuvei banking and/or payment service partners) and/or is allowed under legal acts (e.g. when Nuvei assesses whether the expected Payment Transfer is not suspicious or related with money laundering and / or terrorist financing).
15.8. Nuvei shall have a right to apply fee with respect to the Client for the lawful refusal to execute the Payment Order as specified above in this clause 15.7. If such a fee is to be applied, it will be published with the Website in the fee section.
15.9. Before executing the Payment Order submitted by the Client, Nuvei shall have a right to suspend it and demand from the Client documents which prove the legal source of funds related to the Payment Order. In case the Client does not submit such documents, Nuvei shall have a right to refuse to execute the Payment Order of the Client and to provide related information to relevant authorities, if so required under applicable laws.
15.10. In case Nuvei has refused to execute the Payment Order submitted by the Client, Nuvei shall immediately inform the Client about this or create necessary conditions for the Client to get acquainted with such notification, except when such notification is technically impossible or forbidden to be provided to the Client under applicable laws.
15.11. Provided that Nuvei debited funds from Client’s E-money account, but is unable to credit the funds indicated in the Payment Order to the recipient’s account (e.g. the recipient’s account is closed, the indicated IBAN number does not exist or else), Nuvei shall return the payment amount to the Client’s E-money account not later than within 2 (two) Business Days, however, the actual receipt of funds by the sender may last longer depending on the time of transfer processing by other payment services providers. In this case, charges for returning a Payment Order may be applied. Also, the amount to be credited back to the Client’s E-money account may be lower than the initial amount debited due to applied currency exchange fees or other fees that may be applied in the exact case which would be deducted. If Nuvei cannot credit funds indicated in the Payment Order to the recipient due to errors in Client’s Payment Order, but the Client requests to return the funds indicated in the Payment Order, the Payment Order may be cancelled and funds may be returned to the Client, but only under a written request of the Client and if the recipient agrees to return the funds to the payer (if the recipient can be identified). Cancellation of the Payment Order shall be subject to fees applicable by Nuvei. Applicable fees shall be published on the FAQ page within the Website and may be amended from time to time.
15.12. In case the Client indicates incorrect data of the recipient of the payment and the Payment Order is executed according to the incorrect data provided by the Client (i.e. the Client indicates a wrong receiver’s account number; the Client indicates wrong credit card details (for external transfer); the Client indicates a wrong IBAN number of his/her/its E-money account / email), it shall be considered that Nuvei has fulfilled the obligations properly and shall not be obliged to repay the transferred amount to the Client. Even though Nuvei shall not be held liable for the execution of the Payment Order based on the incorrect data provided by the Client, Nuvei shall take all reasonable measures to track the executed payment operation and shall put reasonable efforts to recover funds. All information necessary to track the executed payment operation shall be provided to the Client to the extent allowed under the laws which should assist the Client shall directly contact the person, who has received the payment for the issue of the returning the transferred funds.
15.13. The Client cannot cancel the Payment Order after it is received by Nuvei, except in the following cases.
15.13.1. in case terms specified under clauses 15.7.1 and 15.7.2 passed due – the Payment Order may be cancelled only if it is separately agreed by the Client and Nuvei; in case specified under clause 15.7.1 – the receipt of consent of the received shall also be received.
15.14. Immediately and no later than within the same Business Day when it is determined that due to the fault of Nuvei the Payment Order was executed without consent of the Client and/or was executed improperly, Nuvei shall refund the Client with funds that were transferred within such unauthorized Payment Order. In case it is determined that executed Payment Order was unauthorized and/or executed improperly due to the fault of the Client – consequences specified under clause 15.12 of the GT&Cs shall apply and Nuvei shall not be considered liable and execution of Payment Order shall be considered as fulfilled properly. Whereas Nuvei has reasonable ground to suspect fraud in relation to the executed Payment Order as indicated in this paragraph, Nuvei shall immediately notify the Supervisory Authority about such Payment Order and reasons why it is suspected to be fraudulent.
15.15. Nuvei, after deducting relevant amount from Client’s E-money account following Client’s Payment Order, shall provide the Client within the User’s Account the following information about each executed Payment Transfer:
15.15.1. Information about the payee: name and IBAN number;
15.15.2. Amount and currency in which the amount was debited from Client’s E-money account;
15.15.3. Currency exchange ratio applied, if currency exchange was applied;
15.15.4. Amount in a currency after conversion;
15.15.5. Amount of commissions applied by Nuvei;
15.15.6. The date when the funds were debited from the E-money account.
15.16. Nuvei, after crediting relevant amount to Client’s E-money account, shall provide the Client within the User’s Account the following information about each received Payment Transfer:
15.16.1. Information about the payer: name and IBAN number;
15.16.2. Amount and currency in which the amount was credited to Client’s E-money account;
15.16.3. Currency exchange ratio applied, if currency exchange was applied by Nuvei prior to crediting funds to Client’s E-money account;
15.16.4. Amount in a currency prior conversion;
15.16.5. Amount of commissions applied by Nuvei;
15.16.6. The date when the funds were credited to Client’s E-money account.

16.SWIFT支付

16.1. Nuvei supports both SEPA and SWIFT payments. SEPA payments are made within European Economic Area countries (i.e. SEPA region) while SWIFT payments are cross-border payments that may be executed over the world. The Client will be able to choose desired payment method (SEPA or SWIFT) in his / her User account.
16.2. The GT&Cs apply to SEPA and SWIFT payments to full extent, except for this Section 16 which shall apply only with respect to SWIFT payments.
16.3. In case of SWIFT payment, apart from the key payment information (such as amount, payee, payee’s account IBAN, etc.), the Client will be also requested to indicate the destination country, payee bank’s code, the currency and also to specify payee’s address. The exact information required for the SWIFT payment will be requested automatically when creating the Payment Order within the User Account.
16.4. Processing of SWIFT payments is subject to Nuvei fees that are usually higher than SEPA payment fees. Besides, in case of SWIFT payment intermediary bank fees may be also applied, the amount of which may not be known to Nuvei and the Client when placing a SWIFT Payment Order and which would be deducted from the amount being transferred to the payee and, as a result, the recipient may receive a lower amount than was initially transferred. Please take this into account when placing the SWIFT Payment Order.
16.5. If you are initiating SWIFT payment (i.e. when you act as the payer), you will have to pay SWIFT payment processing fees applied by Nuvei meanwhile the remaining fees (e.g. applicable by the payee’s payment service provider or intermediary banks) will have to be settled by the payee. Usually, intermediary bank fees are deducted directly from the amount being transferred to the payee which is why the payee might receive the lower amount than was initially transferred by the payer. Outgoing SWIFT payment fee is to be applied by Nuvei and to be deducted not from the amount being transferred but from the Client’s E-money account balance. If Client’s E-money account balance is not sufficient to cover Nuvei fees, Nuvei shall have a right to refuse executing outgoing SWIFT payment.
16.6. If you are receiving SWIFT payment (i.e. when you act as the payee), Nuvei will deduct its incoming SWIFT payment fee from the amount being transferred before crediting it to your E-money account. Please note that intermediary banks may be already deducted their own fees from the amount being transferred which may be the reason why the amount of funds received by you is lower than you expected or in exceptional cases the amount received may be even equal to zero if the transferred amount was low and it was all used to deduct intermediary bank fees. Nuvei has not power or obligation to manage fees applied by the payer’s payment service provider or intermediary banks, therefore, in case of any claims regarding amount credited to your account please address them to the payer. In case the amount to be credited to Client’s account will be equal or lower than incoming SWIFT payment fee to be applied by Nuvei, Nuvei shall have a right to either reject the payment or to use the funds being transferred to cover the fees of Nuvei leaving no funds to be credited to the Client’s E-money account. In any case, even if the amount received is lower than Nuvei fees to be applied with respect to incoming SWIFT payment, Nuvei shall not have a right to deduct applicable fees from the balance of Client’s E-money account to cover the remaining fee part.
16.7. Nuvei shall have a right to apply SWIFT payment rejection fee with respect to Client who initiated a rejected SWIFT payment in case there are objective reasons for the rejection (e.g. E-money account balance is not sufficient to cover initiated SWIFT payment, etc.) and/or in case the Client provides false identifiers (e.g. payee’s IBAN indicated by the Client is not valid) and the funds need to be refunded to the Client as they cannot reach the payee.
16.8. Please always check applicable fees before placing the SWIFT Payment Order and assess the possibility of fees deduction from the amount being transferred. Applicable fees are published on the Website.
16.9. Nuvei may apply certain restrictions in making payments to countries which are not supported by Nuvei. Such restrictions are to be published on the Website. If Nuvei does not support payments to certain countries, you will not be allowed to place the Payment Order to that country (such Payment Order will be automatically rejected).
16.10. Nuvei may apply specific rules deviating from these GT&Cs with respect to SWIFT payments (e.g. SWIFT payment processing times, SWIFT payment fees and their distribution among the parties, restrictions to payments to certain countries or payee’s banks or payment service providers, FAQ regarding SWIFT payments, etc.). Such specific rules shall apply only if they are published on the Website, otherwise rules under these GT&Cs shall be followed by the Parties. If you are willing to initiate SWIFT payment, please get acquainted with information provided in SWIFT payments section on the Website.

17.费用

17.1.客户就服务应支付的费用公布在网站的常见问题页面。适用费用可能会不时修订。
17.2.在客户作为收款人的情况下,双方同意努韦有权从记入客户电子货币账户的金额中扣除与执行支付交易相关的适用费用(佣金),然后再记入客户的电子货币账户。
17.3.未在网站上公布,但可能根据具体情况向客户收取的额外费用(如非活动账户费用),将按照 GT&Cs 第 22 条规定的方式单独提供给客户。

18.赔偿责任的限制

18.1.一方应对另一方因不履行或不适当履行 GT&Cs 规定的义务而造成的损失负责。有罪一方应承诺赔偿受害方的直接损失。
18.2.Nuvei 在 GT&Cs 下的责任限制如下:
18.2.1.努维仅对因直接和实质性违反 GT&Cs 而造成的直接损失负责,且仅对努维在违约时可合理预见的损失负责;
18.2.2.纽威对因违反 GT&Cs 而造成的损失的赔偿应限于客户在过去 12(十二)个月内支付给纽威的所有费用和收费的金额。但是,如果适用法律禁止限制努维的赔偿责任,则不适用此类限制。
18.3.努维不承担任何责任:
18.3.1. 由于任何原因,努维平台在任何时间或任何期间不可用或被破坏;
18.3.2. 信贷机构、结算系统或其他第三方所犯的错误、付款指令执行不及时、资金冻结;
18.3.3 由于努维无法控制的第三方原因造成的努维义务履行不当的后果;
18.3.4. 因合法终止 GT&Cs、取消或限制客户访问努维平台以及合理限制或终止提供服务而产生的后果;
18.3.5 如果努维在履行适用法律规定的义务时,未履行合同义务或造成损失,则应承担未履行合同义务和损失的责任。
18.4.如果客户(或代表客户行事的人)在行使 GT&Cs 规定的权利时向努韦提供了不真实、不完整、不正确或误导性的信息、指示或文件,或未能及时提供所需的信息、指示或文件,由此给客户造成的任何损失,努韦概不负责。客户应对其/其代表向努韦提供的任何信息、指示或文件的正确性、完整性和及时性负全部责任。
18.5.如果一方能够证明不履行 GT&Cs 规定的义务是由不可抗力造成的,并根据适用法律得到证明,则应免除其不履行 GT&Cs 规定的义务的责任。
18.6.GT&Cs 规定的责任不影响受害方因严重疏忽或故意不当行为而要求全额赔偿损失的权利。

19.机密信息

19.1.各方承诺,除 GT&Cs 和法律规定的情况外,任何时候都不得向任何人披露任何机密信息。
19.2.机密信息不包括有书面记录显示的信息:(i) 在接收方未采取行动或未采取行动的情况下被普遍知晓或可获得的信息; (ii) 接收方在不违反任何保密义务的情况下已经知晓的信息; (iii) 第三方在不受限制或未披露的情况下合法提供给接收方的信息;(iv) 接收方在未参考披露方保密信息的情况下独立开发的信息; (v) 根据政府机构或法院具有约束力的命令发布的信息,只要在发布之前接收方向披露方发出通知,以便披露方可以寻求保护令或其他适当的补救措施。在上文第 (v) 条所述的任何情况下,接收方仅披露法律要求的机密信息,并尽合理努力为披露的任何机密信息获取保密处理。根据上述第 (v) 项的规定进行的任何披露不得允许接收方发布任何新闻稿或以其他方式讨论或进一步传播要求披露的信息。
19.3.接收方理解,披露方已经披露或可能在双方根据 GT&C 合同关系的期限内披露机密信息或与此相关的信息。接收方同意(i) 采取商业上合理的预防措施保护此类机密信息;(ii) 不使用(除非 GT&Cs 或法律允许)或向任何第三方泄露任何此类机密信息;(iii) 保护和保障机密信息,防止任何未经授权的使用、披露、转让或公布,其谨慎程度至少与保护和保障自身机密或专有信息的谨慎程度相同,但在任何情况下都不得低于合理的谨慎程度;(iv) 对代表其行事的所有人员采取适当措施,确保这些人员受到类似保密契约的约束,并告知这些人员,除非本协议另有规定,否则不得披露此类保密信息;以及 (v) 一旦发现任何未经授权使用或披露保密信息的情况,即通知披露方,并采取合理措施重新获得保密信息的所有权,防止进一步的未经授权的行为或其他违反 GT&Cs 的行为。
19.4.除根据 GT&C 行使权利和履行义务或与 GT&C 有关外,任何一方不得将任何其他方的机密信息用于任何其他目的。

20.陈述和保证

20.1.行动权。各方在此声明并保证(i) 各方有能力缔结 GT&Cs 下的合同关系;(ii) 各方拥有缔结 GT&Cs 下的合同关系和全面履行 GT&Cs 下的义务的所有权利、权力和授权;(iii) 各方不存在妨碍其履行 GT&Cs 下的义务的任何其他限制、约束、合同义务或法定义务。
20.2.第三方服务提供商。客户承认,努韦公司在履行服务时可以使用第三方服务提供商,条件是此类第三方服务提供商所受条款和条件的约束与努韦公司根据 GT&Cs 所受条款和条件的约束基本相似。此外,客户承认努韦公司在履行服务时可以使用其任何关联公司。向此类第三方服务提供商披露保密信息,只要此类信息是适当提供服务所必需的,则不应视为违反 GT&Cs 且客户同意此类披露。
20.3.对第三方信息的依赖。客户在此被告知,努韦也可能在法律允许的范围内依赖第三方关于客户的信息来识别客户。此外,在法律允许的范围内,其客户为客户的第三方可能会依赖纽威所持有的客户信息进行身份识别。
20.4.服务的使用。客户将根据并仅为 GT&Cs 中规定的目的使用服务。客户不得将服务用于任何非法目的或助长任何非法目的。构成非法目的的活动和服务包括(但不限于):洗钱、恐怖主义融资、人口贩运(包括儿童色情制品);暴力;金融犯罪;走私(包括麻醉品、武器、毒品、烟草等);网络犯罪;白领犯罪和腐败;与侵犯知识产权有关的活动和服务。如果努韦公司有合理理由认为客户将服务用于上述任何不正当目的,努韦公司可在书面通知客户后立即暂停或终止服务。客户也不得将用户账户和/或电子货币账户的访问权限提供给未经授权代表客户发起支付指令的其他第三方。如果一方意识到任何未经授权的第三方正试图访问用户账户或电子货币账户,应立即通知另一方。
20.5.数据的使用。任何一方不得以违反任何适用法律的方式使用通过服务处理和获得的数据或与服务相关的数据,双方均应遵守所有适用法律,包括数据保护法。在本节中,"数据保护法 "指与相关国家或地区的数据和个人信息保护有关的所有适用法律和法规,包括《通用数据保护条例》(欧盟)2016/679。努韦在此还通知客户,有关客户的某些数据可能会根据有关当局的合法要求提供给有关当局,包括用于统计目的和/或履行其监督职能。
20.6.熟悉 GT&Cs.通过接受 GT&Cs ,客户确认其有足够的时间了解 GT&Cs 的条款和条件,双方对 GT&Cs 进行了单独讨论,客户确认并同意 GT&Cs 的条款和条件。
20.7.客户的其他承诺。客户不得以任何方式干扰、修改或篡改服务。

21.争议解决

21.1.努维与客户之间的争议应通过协商解决。
21.2.客户有权向努维提交投诉。投诉可根据 GT&Cs 第 22 节的规定通过电子邮件提交给努维。
21.3.努维应在收到投诉后 15(十五)个工作日内以书面形式或使用其他耐用媒介回复客户的投诉。在特殊情况下,由于努维无法控制的原因,允许努维向客户发送初步答复,说明延迟的原因和客户收到努维最终答复的期限。在任何情况下,提供最终答复的期限不得超过收到投诉后的 35 个工作日。
21.4.如果客户对 Nuvei 的最终答复不满意,或者 Nuvei 未能在收到索赔后 15(十五)(35(三十五))个工作日内答复客户,客户有权通过三种不同方式向立陶宛银行提出申请:

(i) 通过电子争议解决设施电子政务网关:https://www.epaslaugos.lt/portal/service/55620/3620?searchId=5dcd7380-18f9-4e93-8a5c-23cadacd5afa、

(ii) 填写申请表(见https://www.lb.lt/en/how-can-i-apply-for-dispute-settlement),并将其发送至立陶宛银行监管处,地址:Totorių g. 4, 01121 Vilnius,电子邮件:https://www.lb.lt/en/how-can-i-apply-for-dispute-settlement:[email protected]

(iii) 提交自由格式的申请,并将其发送至立陶宛银行监管处(地址:Totorių g. 4, 01121 Vilnius),电子邮件::[email protected].

无论客户选择哪种方式提交索赔,都必须使用该国的官方语言,即立陶宛语。首先向 Nuvei 提出申请是客户向立陶宛银行提出申请的前提条件。立陶宛银行的决定对 Nuvei 或客户不具强制性,即使争议已由立陶宛银行解决,客户仍有权向法院提出申请。
21.5.此外,如果客户对努维或其服务普遍不满意,且努维与客户之间不存在索赔或分歧,则客户仍可随时向立陶宛银行(地址:Totorių g. 4, LT-01121 Vilnius,电子邮件:[email protected])投诉,或向立陶宛银行监督处(地址:Totorių g. 4, 01121 Vilnius,电子邮件:[email protected])投诉:[email protected].
21.6.投诉处理免费。双方同意应使用英语提交、处理和回复投诉。
21.7.Nuvei 应根据适用法律制定内部程序,公平、及时地处理投诉。
21.8.如果客户对 Nuvei 或立陶宛银行的最终答复不满意,除非双方另有约定,否则客户只能向法院提起诉讼。
21.9.客户还可在网站上查阅 Nuvei 的投诉处理政策。

22.沟通

22.1.努维与客户之间的任何通信应主要通过电子邮件进行。通过电子邮件披露的任何信息只有在以下情况下才被视为正式提交:(i) 纽威根据 GT&Cs 第 2.4 条披露的用于通信的电子邮件;(ii) 客户根据 GT&Cs 第 11.2 条规定在创建用户帐户时披露的用于通信的电子邮件。除非双方另有书面约定,否则通过其他电子邮件进行通信将被视为不适当。有关特定技术问题的交流也可通过网站上的 "聊天 "工具进行。
22.2.通过 GT&Cs 第 22.1 条规定的电子邮件发送的通知和其他通信,应视为在发送的同一工作日送达并由该方收到。
22.3.双方有权通过其他通信方式进行通信,包括邮寄或电话。
22.4.努韦公司不对任何错误、不准确、技术缺陷或因不正确、过时的客户联系信息以及努韦公司随后使用这些信息而造成的损害负责。
22.5.通信应使用英语。

23.数据保护

23.1.客户被告知,努维将根据适用的数据保护法收集、使用、存储或以其他方式处理客户提供的或努维收到的与本文所述服务有关的任何个人数据。
23.2.客户还理解并被告知,Nuvei 收到和/或收集的有关客户的数据可能会提交给 GT&Cs 第 20.2、20.3 和 20.5 条等规定的第三方并由其使用。

24.最后规定

24.1. Equitable Relief. Either Party may enforce any provision of the GT&Cs by obtaining equitable relief in addition to all other remedies at law or under the GT&Cs. The non-breaching Party’s remedies at law for a breach of any provision of the GT&Cs may be inadequate and such Party may suffer irreparable harm from any such breach. The rights and remedies of the non-breaching Party under the GT&Cs are cumulative and not alternative and are in addition to any other right or remedy set forth in any other agreement between the parties, or which may now or subsequently exist at law or in equity, by statute or otherwise.
24.2. Force Majeure. Each Party to the GT&Cs will be excused for delays in performing or from its failure to perform hereunder (other than payment delays) to the extent that the delays or failures result from causes beyond the reasonable control of such Party; provided that, in order to be excused from delay or failure to perform, such Party must act diligently to remedy the cause of the delay or failure.
24.3. Assignment. Neither the GT&Cs nor any of Client’s rights or obligations under the GT&Cs may be assigned, transferred or encumbered by the Client without the prior written consent of Nuvei. Any such purported assignment shall be null and void. Nuvei may freely assign its rights and obligations hereunder to an entity controlling, controlled by or under common control with Nuvei, or in the context of a merger, reorganization or sale of all or substantially all of its assets, without the Client’s consent.
24.4. Governing Law and Dispute Resolution. The GT&Cs and contractual relations covered by the GT&Cs and any claim arising from the GT&Cs and/or in connection with the Services will be governed by and interpreted in accordance with the laws of the Republic of Lithuania, without regard to conflicts of laws and principles. Any and all actions brought to enforce the GT&Cs or resolve any dispute arising out of the GT&Cs and/or in connection with the Services must be brought exclusively in the courts of the Republic of Lithuania, and each Party hereby consents to and agrees to submit to the exclusive personal jurisdiction and venue of such courts.
24.5. Suspension of E-money account or funds within E-money account. Nuvei shall have a right to suspend (block) Client’s E-money account and funds held with the E-Money account if so required under applicable legal acts (e.g. under the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania), by supervisory authorities and/or other lawful requests of third parties (e.g. courts, bailiffs), PLAIS system requests, etc. The Client may be not informed about such suspension if so required under the applicable legal acts or lawful requests of third parties.
24.6. Language. Both Parties agree that the GT&Cs shall be concluded and communication between the Client and Nuvei shall be performed in English.
24.7. Waiver of Breach. No waiver by either Party of any breach of the GT&Cs will constitute a waiver of any other breach of the same or other provisions of the GT&Cs. No waiver by either Party will be effective unless made in writing and signed by each Party in a way agreed by both Parties.
24.8. Severability. If any provision in the GT&Cs is invalid or unenforceable in any circumstance, its application in any other circumstances and the remaining provisions of the GT&Cs will not be affected thereby.
24.9. Entire agreement. The GT&Cs, together with its annexes (if any), Fees and Privacy Policy constitutes the entire agreement and understanding of the Parties relating to the subject matter hereof. The GT&Cs supersedes all prior written and oral agreements and all other communications between Nuvei and the Client.
24.10. Headings; Interpretation. The Section headings in the GT&Cs are for identification purposes only and will not affect the interpretation of the GT&Cs. Unless Business Days are specified, all references to “days” mean calendar days.
24.11. Information submission. The Client shall have a right to request Nuvei to provide information possessed by Nuvei in relation to Client’s information and transactions initiated by the Client within an E-money account. Such requests may be provided once per month and should be limited only to the information that Nuvei possesses and which is able to be submitted to the Client under legal acts or internal procedures of Nuvei and only if such information cannot be assessed by the Client via Client’s User Account. Submission of such information to the Client is free of charge, however, in case the Client requests information for frequently than once per month or if the submission of information causes relevant losses to Nuvei, Nuvei shall have a right to apply relevant fee for fulfillment of request to provide information to the Client. The fee shall be proportionate to efforts required from Nuvei to fulfill the request. The fee shall be applied only subject to prior notice to the Client and after the Client provides its consent with respect to the fee. In case the Client disagrees to pay a fee, Nuvei shall have a right to refuse to submit information requested by the Client. Information shall be submitted following the procedure established under Section 22 of the GT&Cs, unless Parties agree otherwise or the form and content of the information to be submitted requires a different submission method.