1. GENERAL PROVISIONS

1.1. These Terms govern the use by users of the functionality enabling payment for goods and/or services via QR codes (the “Service”) as offered by Domus Payment Solutions Ltd (the “Service Provider”).
1.2. The Service constitutes a set of software and technical solutions enabling the creation, processing, and transmission of transactional data, as well as the organization of interaction between the user and settlement participants for the purpose of executing a payment instruction initiated by the user.
1.3. Within the operation of the Service, the execution of user instructions is ensured with the involvement of banks and other financial institutions acting in accordance with applicable law. The Service may facilitate the receipt of funds from the user for the purpose of their subsequent transfer to settlement participants and execution of the relevant user instruction, without maintaining user accounts or holding funds outside the processes of their designated use within the initiated transaction.
1.4. By using the Service, the user agrees to these Terms and acknowledges that the execution of their instruction is carried out through interaction with third parties participating in the settlement process.

2. DESCRIPTION OF THE SERVICE

2.1. The Service enables the user to initiate a payment by scanning a QR code or generating one within the interface, resulting in the formation of a corresponding user instruction to perform a transaction.
2.2. When using the Service, transactional data necessary for the execution of the user’s instruction is generated and transmitted, including the routing of the request to the relevant financial institutions involved in settlement processing.
2.3. The Service ensures the technical and operational implementation of processes related to the delivery of the user’s instruction to settlement participants, as well as the display of information regarding the progress and status of the transaction, including statuses formed based on data received from such participants.
2.4. The statuses displayed within the Service are of an informational nature and are based on data received from relevant financial institutions; the final status of the transaction is determined by such institutions.

3. PARTICIPANTS

3.1. The use of the Service involves interaction between the user, the payment recipient (merchant), financial institutions facilitating settlements, and the Service Provider acting as the party providing technological and organizational support for the execution of the user’s instruction.
3.2. The Service Provider is not a party to the transaction between the user and the merchant, does not acquire rights or obligations arising from such transaction, and does not act as the recipient of funds, while ensuring the transmission and processing of data necessary for executing the user’s instruction.
3.3. All obligations related to the provision of goods or services arise directly between the user and the merchant.

4. INITIATION AND EXECUTION OF TRANSACTIONS

4.1. The user independently initiates a transaction by confirming the relevant instruction generated through the Service.
4.2. Confirmation of a transaction constitutes the user’s expression of intent to execute the instruction and agreement with the transaction parameters and applicable conditions.
4.3. Upon confirmation, the user’s instruction shall be executed in accordance with the procedures established by the relevant financial institutions involved in the settlement process and may be amended or revoked only within the limits of procedures established by such institutions.
4.4. The Service ensures the transmission of the user’s instruction and related data to settlement participants, as well as the receipt and display of information regarding its execution status.

5. FINANCIAL TERMS

5.1. The conditions of settlements, including applicable fees, exchange rates, and other parameters, are determined by the relevant settlement participants.
5.2. Within the operation of the Service, certain elements of the Service Provider’s remuneration may be incorporated into the structure of transaction parameters, including, but not limited to, currency conversion mechanisms, subject to compliance with applicable law.
5.3. The Service does not independently determine the final financial terms of a transaction, except where such terms are expressly established through the functionality and interface of the Service.

6. REFUNDS AND DISPUTE RESOLUTION

6.1. In the event of any issues related to transaction execution, debiting of funds, refunds, or the quality of goods or services, the user shall first submit a request to the merchant for registration and further processing.
6.2. The Service ensures the receipt and initial processing of user requests, as well as their subsequent routing to relevant settlement participants or the merchant, depending on the nature of the request.
6.3. Resolution of disputes, including refunds, shall be carried out in accordance with the rules of the relevant financial institutions and/or the merchant, and the Service does not independently process refunds.
6.4. The user agrees that failure to comply with the procedure for initial submission of a request as set forth herein may result in the inability or limitation of consideration of such request.

7. LIMITATION OF LIABILITY

7.1. The Service Provider shall not be liable for the actions or omissions of financial institutions involved in the settlement process, including cases of refusal to process a transaction, delays in execution, or discrepancies between displayed status and actual transaction state caused by data exchange specifics.
7.2. The Service Provider shall not be liable for the performance of obligations by the merchant toward the user.
7.3. Responsibility for compliance with applicable laws, including anti-money laundering and sanctions regulations, shall be borne by the respective settlement participants within the scope of their responsibilities.

8. COMPLIANCE AND RESTRICTIONS

8.1. The user represents that the Service is used in compliance with applicable laws.
8.2. Transactions may be suspended, declined, or restricted where grounds exist under applicable law or internal procedures of settlement participants.
8.3. The Service ensures the transmission of information necessary for conducting relevant checks to settlement participants to the extent required for execution of the user’s instruction.

9. DATA PROCESSING

9.1. For the purpose of executing user instructions, the Service processes transactional data necessary for the creation, transmission, and monitoring of transactions.
9.2. Data shall be shared with third parties only to the extent necessary for executing the user’s instruction and ensuring the operation of the Service.
9.3. Data processing shall be carried out in compliance with applicable law.

10. FINAL PROVISIONS

10.1. These Terms are binding upon the user from the moment of commencement of use of the Service.
10.2. The Service Provider may amend these Terms unilaterally.
10.3. The Terms shall be governed and construed in accordance with the laws of Canada.