User Agreement
USER AGREEMENT
for the website funpay.com
This User Agreement (hereinafter referred to as the "Agreement") is a public offer of FUNPAY LLC, a company registered under the laws of Georgia under registration number 412753685 (hereinafter also referred to as the "Company").
1. TERMS AND DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings specified below:
1.1. Website, Program – a software program accessible on the internet under the domain name funpay.com, functioning as an online platform where some Users (hereinafter also referred to as "Sellers") publicly post offers to sell their Goods, and other Users (hereinafter also referred to as "Buyers") purchase these Goods.
1.2. Service – the provision of information-technology interaction between the Seller and Buyer through the Operator for the purpose of facilitating settlements between Users regarding a Transaction. This interaction is configured to transfer the Buyer's payment for the Goods to the Seller after the Buyer confirms the fulfillment of the Transaction (also known as the "Transaction Guarantee").
1.3. Offer – this Agreement, a proposal to an indefinite number of persons to accept the terms of access to the website funpay.com. For the purposes of this document, the terms "Offer," "License Agreement," and "Agreement" are equivalent.
1.4. Acceptance – the full and unconditional acceptance by the User of the terms of access to the Service on the website funpay.com by performing the actions specified in the Agreement.
1.5. Parties (Party) – individuals who have entered into this Agreement with one another.
1.6. User – an individual who is a licensee under this Agreement, possessing the necessary legal capacity to access the Service and utilize its functionalities, and who has performed or is performing actions aimed at registering on the website funpay.com.
1.7. Seller – a User who acts as a seller in a specific one-time Transaction, posting an Advertisement with an offer to enter into a Transaction for their Goods, acting in their own interests or in the interests of another party.
1.8. Buyer – a User who acts as a buyer in a specific one-time Transaction, viewing an Advertisement posted by a Seller, interacting with the Seller regarding the Goods, and concluding a Transaction with the Seller using the Secure Pages of the Website.
1.9. Goods – any property, property rights, goods, or services for which the Seller posts an Advertisement through the Website.
1.10. Advertisement – an informational message offering Goods (including any related information), posted by the Seller through the Website and addressed to an indefinite number of persons (Sellers' offers).
1.11. Transaction – a contract of sale for Goods entered into between the Seller and Buyer in accordance with the terms of this Agreement and the conditions specified in the Advertisement.
1.12. Secure Pages of the Website – Service pages that are accessible only upon the Buyer or Seller entering their Login and Password.
1.13. Personal Account – an interface for interaction between Users (Buyers/Sellers) and the Website, allowing them to view Advertisements, post or edit Advertisements, modify information provided by Users about themselves (including but not limited to: nickname, phone number, email address), accessible to Users after registration on the Website by entering their Login and Password.
1.14. Payment Services Operator, Operator – a bank, payment system operator, or other payment provider authorized under applicable law to conduct monetary transfers and other lawful payment methods.
The Operator provides settlement services between the Buyer and Seller based on separately concluded agreements between the Operator and the User.
1.15. Service Provider – the Company or other entities to whom the Company has delegated the provision of the Service.
2. PROCEDURE FOR CONCLUDING THE AGREEMENT
2.1. Full and unconditional acceptance of this public Offer is carried out by the User through any actions specified in this Agreement.
2.2. By accepting the terms of the Agreement, the User confirms that they possess the legal capacity, rights, and authority to enter into the Agreement and fully understand the significance of their actions.
2.3. From the moment the User accepts the Agreement, it is considered concluded in writing, equivalent in legal force to a document signed personally by both Parties, and is recognized as concluded at the Company's location.
2.4. The Agreement takes effect upon its conclusion and remains in force until the Parties fulfill their obligations under it.
2.5. The provision of certain services on the Website may be regulated by additional documents (terms, rules, etc.). Documents governing specific matters related to the provision of services on the Website shall apply insofar as they do not conflict with the Agreement.
2.6. By accepting the Agreement through clicking the corresponding button at the end of the Agreement's text, the User gives full and unconditional consent to the terms set forth in the Agreement, thereby establishing legal relations (rights and obligations) for using the Website.
2.7. Upon completing the registration process on the Website, the User is deemed to have fully accepted the terms of the Agreement without any reservations or restrictions.
2.8. If you disagree with any condition or find it unclear, please do not accept the Agreement or continue using the Website until the uncertainties or disagreements are resolved.
3. SUBJECT
3.1. The Company grants the User the right to use the Website under the conditions and scope defined in the Agreement.
3.2. Use of the Website is carried out by the User independently, without direct participation of the Company, on an "as is" basis, meaning the User has no right to demand or expect anything from the Company and the Website other than what is provided. The Company makes no warranties regarding the compatibility, functionality, or other aspects of the Website and is not obligated (but may, at its discretion) to provide technical support or updates for the Website.
An updated Website may include bug fixes, error corrections, and/or new or modified features and functionalities.
3.3. The right to use the Website and its functionalities is provided by the Company free of charge. This includes the User's ability to post Advertisements (Sellers' offers) for the purchase of Goods, conduct Transactions, receive compensation from other Users (Buyers) for sold Goods, as well as search for, purchase, and pay for Goods.
3.4. Only the Service is subject to payment. The cost of the Service will be calculated for the User prior to their confirmation of the service.
Depending on the selected method of fulfilling settlement obligations, the User will be redirected to the Operator that has a technical connection with the Website to receive information about the Transaction, allowing the Operator to facilitate deferred execution of the Transaction as instructed by the Users (Buyer and Seller).
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The User's granted right includes the direct use (operation) of the Website and the automatic temporary copying by the User's browser of audiovisual representations of parts of the Website and portions of its program code. Generating any income from the use of such copies, whether direct (fees) or indirect (revenue from advertisements displayed using the copies), is not permitted.
4.2. Registration on the Website:
4.2.1. Registration is carried out by the User automatically (without the Company's involvement) in the manner provided on the Website. Registration can be completed either by filling out a form provided by the User or by authorizing through third-party websites (e.g., vk.com, facebook.com, and others), if such an option is available on the Website. In the latter case, the minimum information about the User required for authorization (e.g., the User's ID on vk.com when authorizing via VKontakte) is automatically transferred to the Website from the third-party site.
4.2.2. Registration is not possible without the User's agreement to the Agreement. By registering, the User expresses full and unconditional consent to the Agreement.
4.2.3. Upon registration, an account and a page on the Website are created for the User. Access to the account is achieved using a login and password (either for the Website or for the third-party site used to authorize on the Website). The User is obligated to keep their password confidential. Any actions performed using authorization on the Website (via the account) are considered to be performed by the User themselves.
4.3. The User has the right to use the Program while residing in any country.
4.4. The User, when transferring or receiving payments for a Transaction and otherwise using the Service (particularly for deferred execution of transfers and/or choosing the method of fulfilling settlement obligations), is required to pay a fee for using the Service under the conditions of the Agreement.
4.5. The Company (or another Service Provider) has the right, at its sole discretion and without justification, to provide certain additional features/functionalities or discounts to specific Website Users, along with other preferences when using the Service.
4.6. The Company has the right to conduct planned maintenance on the Website (error resolution, bug fixes, security enhancements, updates, etc.), during which certain functionalities of the Website or the entire Website may be temporarily unavailable. However, the Company is obligated, where possible, to conduct such maintenance during nighttime hours (Tbilisi, Georgia time) and for no more than eight hours cumulatively per calendar month.
The Company may, but is not obligated to, notify Users in advance by posting a notice of planned maintenance on the Website's main page.
The limitations specified in this clause do not apply to cases where work is conducted to eliminate significant errors, vulnerabilities, or cases of Website inoperability unrelated to the Company's deliberate actions (hacking, attacks, etc.).
4.7. The User is not permitted to assign their rights under the Agreement to third parties or sublicense them.
4.8. The User agrees to refrain from:
- Modifying the Website or the results it generates, including audiovisual representations, through unauthorized programmatic code interactions or unapproved queries.
- Adapting or decompiling the Website.
- Circumventing technical security measures.
- Extracting information from the Website, including individual objects (images, sounds, videos, texts).
- Performing actions not explicitly provided for by the Website's interface.
The User agrees to avoid exploiting any technical vulnerabilities of the Website (bugs, "holes," etc.) and, upon discovery, must promptly notify the Company via email or a feedback form.
4.9. The User consents to the Company making decisions based solely on automated processing of the Website's user database that result in legal consequences for the User or otherwise affect their rights and legitimate interests, especially when such decisions pertain to granting additional rights or functionalities (e.g., discounts, additional website functionalities, prize draws in the form of goods and services, etc.).
4.10. The User (Seller) is required to refrain from selling the same Goods, categories of Goods, or similar Goods offered for sale on the Website through other websites or directly to other Website users, including through exchanging contact information or discussing deals bypassing the Website's functionalities. The Website serves as an exclusive platform for Sellers.
For example, a Seller offering virtual currency (game money, gold, rubles, coins, etc.) for sale may not post ads for the sale of game items, artifacts, chests, etc., on other websites.
If a User is found to have violated this obligation, the Company has the right to temporarily or permanently prohibit them from acting as a Seller on the Website.
The User also understands and agrees that all discussions conducted through the Website's functionalities must aim to conclude a Transaction. To monitor compliance with this clause, the Company may access any discussions or other User messages within the Website.
4.11.The Seller is obligated to conduct Transactions exclusively through the Website in accordance with the Agreement, the trading terms posted on the Website at https://funpay.com/trade/info, and within the technical functionality and limitations of the Website. Violation of any condition constitutes a breach of the Agreement.
4.12. The User (Buyer) independently searches for, examines, and accepts the Sellers' offers.
4.13. Ensuring direct access to the Website (necessary devices, software, connectivity, etc.) is the sole responsibility of the User.
4.14. The User understands and confirms that neither the Company, the Service Provider, nor the Operator is a party to the Transaction between the Buyer and the Seller. They are not a source of income for the Seller and do not participate in the transfer of Goods from the Seller to the Buyer. They are not responsible for any factual and/or legal consequences of the Transaction between the Buyer and Seller (e.g., certain online game rules may provide for in-game penalties for specific actions). They do not study or verify the rules of the games nor ensure that Transactions and User actions comply with these rules.
4.17. The transfer of Goods is carried out directly from the Seller to the Buyer outside the Website. However, the chat window on the Transaction page may be used to exchange information about the method of delivery/transfer of the Goods. The Buyer confirms the receipt of the Goods on the Transaction page. The Buyer independently inspects and evaluates the quality and completeness of the Goods. After the Buyer confirms the receipt of the Goods in the chat window on the Transaction page, payment is made available to the Seller, and the Transaction is closed and considered completed.
4.18. The User is obligated not to post materials or information (texts, images, videos, etc.) on the Website or take actions that violate laws, the rights or legitimate interests of third parties, or the rules for using the Website and concluding and executing Transactions as outlined on the Website. For the User's convenience, the main rules and the consequences of their violation are presented at https://funpay.com/trade/info. The User confirms that they have reviewed these rules and agreed to the consequences specified therein.
5. SERVICE AND SETTLEMENTS
5.1. Through established communication channels between the Service Provider and the Operator, information about all stages of settlements (User payment, User receipt of payment, etc.) is displayed in the User’s Personal Account (in the Finance section, on the Transaction page, and other Personal Account pages). The obligation to pay for a Transaction between the Buyer and the Seller is considered fulfilled by the Buyer at the moment funds are received by the Operator, which is reflected in the corresponding User’s Personal Account. This guarantees that payment for a Transaction will not be transferred to the Seller until the Buyer confirms receipt of the Goods, and the Seller is assured that the Goods will be paid for. Therefore, for the Users’ interests and the Service’s reputation, settlements outside the Website are prohibited.
5.2. Processing fees for settlements related to Transactions (for using the Service and the Operator's services) are calculated automatically based on the User’s location, Service Provider, Operator’s tariffs, distribution of monetary flows, and technical factors at a given time. These fees are displayed to the User on the Website as a single amount at each stage:
1) Payment made by the Buyer through the Operator or fund deposit,
2) Receipt of funds through the Operator or fund withdrawal (usually done by the Seller but also possible for the Buyer in the case of a refund).
The fee at each stage typically does not exceed 20%.
5.3. When the User chooses a payment method or a method for receiving funds for a Transaction, the Service Provider’s and Operator’s fees are automatically calculated based on the User’s country of residence. The User hereby instructs and authorizes the inclusion of this fee in the calculation of the User’s balance on the Website and agrees to instruct the Operator to pay the Service Provider’s commission.
Additionally, the User is notified that each Operator independently calculates and charges its own fees in accordance with its rules—based on public offers, agreements, and policies of the Operator itself. (Users are encouraged to familiarize themselves with these documents when making payments and accepting them.)
The User may accept the terms of the Service Provider and the Operator or refuse to complete the Transaction before payment is made, without any financial penalties from the Service Provider or Operator. However, after the Service is accepted for a specific Transaction and/or payment is made for the Transaction, the Service Provider and Operator are entitled to their fees. As a result, while refunds are possible, the amounts will be reduced by the Service Provider’s and Operator’s fees. The Service Provider and/or Operator may waive or reduce their fees, of which the User will be notified by the display of the recalculated amount.
5.4. The Seller may use funds owed to them by the Buyer for completing a Transaction through the Website (as a Buyer) no sooner than 48 hours after receipt. Fund transfers (payments to the specified account details minus additional withdrawal fees) are typically completed within 48-72 hours (but no more than 180 days). This delay is part of the Service’s guarantee mechanism for the Transaction, aimed at minimizing fraud (including payment by bank cards) and enhancing the reliability and reputation of the Website.
5.5. If information from law enforcement agencies, authorized bodies, Operators, and/or the Service Provider regarding suspected or confirmed fraudulent activities by the User is received, the Service Provider has the right to provide Operators with information on the need to block the User’s funds until complaints are resolved.
5.6. As part of the Service, the Service Provider offers Users the ability to block their counterparty's funds in a Transaction upon complaint until the dispute is resolved. The User consents to participate in such a mandatory pre-trial procedure and agrees to the Service Provider and/or the Company taking the necessary actions and measures in accordance with the rules and arbitration procedures available at https://funpay.com/support/ticket.
If the Service Provider makes an incorrect decision during Arbitration, it agrees to compensate the affected User with an amount equal to the price of the Transaction between the Seller and the Buyer. This constitutes exclusive liquidated damages (losses exceeding this amount are not subject to compensation), and no claims may be brought by the User in connection with the resolved dispute (neither to the Company, the Service Provider, the Operator, nor any other User).
5.7. For the convenience of Users, the prices for Goods offered by Sellers typically include the Service Provider’s fees and Operator’s commissions, i.e., the total amount the Buyer will pay.
6. PERSONAL DATA
6.1. The Website may collect technical information during its use (including background operation): device details, model and version, operating system and its version, IP address, login time, location, and technical information collected by internet analytics tools (e.g., Yandex.Metrica, Google Analytics, etc.). This information is necessary for analyzing the Website, improving its performance, and adapting it to the User.
6.2. The User agrees not to enter any information in the Website's form fields that would allow for their identification as an individual (full name, address, passport details, etc.). The User provides only their email address, which is required for User identification on the Website and granting access (not publicly displayed), as well as a nickname (pseudonym) publicly displayed on the Website (e.g., when conducting Transactions with other users through the Website). The password provided by the User is transmitted and stored in encrypted form and is therefore inaccessible to the Company.
6.3. Accordingly, the Company does not process the User’s personal data.
6.4. If the User provides their personal data (including in violation of the Agreement), this constitutes their consent for the Company to process it for the purposes of fulfilling the Agreement and other User Transactions.
6.5. The Service Provider processes personal data in accordance with the requirements of legislation.
6.6. Personal data is governed by a separate Privacy Policy.
7. USER CONTENT
7.1. The User has the right to post Advertisements for the sale of Goods on the Website and independently determines their content within the limits provided by the Agreement and the technical functionality of the Website. The User assumes full responsibility for the materials (content) they post, both before those whose rights may be affected and before the Company, and for violating the terms of the Agreement.
7.2. The Company does not monitor, review, approve, or endorse the User’s Advertisements. This includes the content of the User’s pages (pages on the Website that the User may modify and/or does modify). The Company provides the User with the technical capability to create pages (Advertisements) within the Website.
The Company does not initiate the placement of materials in the interest or on behalf of the User. The User places materials at their own initiative and through their actions using the automated technical tools and software of the Company. The Company does not control the specific placement of materials, select or approve the final recipients of the materials—visitors (including other users) of the Website.
The Company does not alter the content of materials posted by the User. Any technical changes made to the materials do not affect their substantive content. The User understands that the Website’s design and the display of entered information may change, but the User’s information itself will not.
7.3. The Company reserves the right, at its sole discretion, to delete or block (make unavailable to third parties) any material, suspend or restrict the User’s access to their account and/or the Website, or unilaterally terminate the Agreement, resulting in the deletion of the User’s account, if the Company becomes aware that the User’s use of the Website violates or contributes to the violation of the Company’s rights, third-party rights (including other users and/or Website visitors), legal norms, international standards, the Agreement, and/or the purpose and essence of the Website.
In any case, the Company does not modify the content of the User’s materials.
The Company may take actions outlined in this clause without prior notice to the User if it deems immediate action necessary to address a violation or suspected violation in accordance with applicable law.
The User agrees to accept the actions (measures) taken by the Company under this clause, regardless of their own assessment or the assessment of the reasons that led to such actions.
7.4. The User agrees not to use the Website for advertising purposes (e.g., repeatedly posting about the same person, product, or service from the same manufacturer, linking to the same website, etc.), except to advertise Goods they are selling through the Website and only using the functionality provided by the Website.
7.5. The User agrees to refrain from using the Website for illegal or unethical purposes (e.g., inciting conflicts that violate third-party rights, infringing or violating the rights and legitimate interests of third parties, profiteering, deception, misleading, fraud, insults, degradation of human dignity, spam, etc.).
7.6. The User agrees to refrain from posting personal and/or contact information on the Website, including phone numbers, email addresses, and other details, either their own or those of third parties.
8. MODIFICATION AND TERMINATION OF THE AGREEMENT
8.1. The license to use the Website remains valid until the Company revokes it. If the Company decides to shut down the Website or suspend its operation, it will, as a general rule, notify the User in advance. In such cases, the license is considered terminated or suspended accordingly.
8.2. The Company reserves the right to unilaterally amend the Agreement. The User will be notified of such changes via email.
Logging into the Website (using their login and password) after the new version of the Agreement takes effect constitutes full acceptance of the updated Agreement.
If the User disagrees with the new version, they must refrain from logging into the Website.
8.3. The Company may unilaterally terminate the Agreement if the User violates any of its terms or other contractual obligations (under other agreements with the Company or the Transaction Guarantor). The Agreement is considered terminated extrajudicially at the moment the User is effectively deprived of access to the Website's functionality.
8.4. Termination of the Agreement (including early termination) also entails the revocation (termination) of the license to use the Website.
8.5. The Company may refuse to enter into an Agreement if the User has previously violated the Website's license terms or any other agreements concluded with the Company or another Transaction Guarantor. The Company may also unilaterally terminate the Agreement at any time without providing any compensation.
9. MISCELLANEOUS PROVISIONS
9.1. The Company and the Service Provider are liable only if they intentionally violate their obligations under the Agreement.
9.2. The Website name and domain name are protected means of individualization. Their use without the rights holder's consent is prohibited.
9.3. The Company has the right to send advertising messages to the User through the Website interface and/or via email, but only regarding the Company itself, its programs (including other websites), and services.
9.4. The legislation of Georgia applies to the relationships between the Parties concerning the Website. The national law of the Service Provider applies to the relationships between the Parties concerning the Service. The applicable law governing relationships between the User and the Operators is determined by the Operators themselves (according to their rules and agreements).
9.5. The competent court for disputes related to the Agreement will be the court at the Company's registration location, as determined on the date of filing the claim.
9.6. The Parties agree to use Tbilisi, Georgia time for calculating deadlines under the Agreement.
9.7. The Parties recognize the legal validity of documents submitted through the Website account (notifications of data changes, User requests, messages, etc.). Such documents, signed with a simple electronic signature (for the User, access to the account is achieved through a login and password or authorization via third-party sites, which is also accessed through a login and password; for the Company, through login and password entry), are considered equivalent to paper documents signed with the personal signature of the respective Party. The Parties are obligated to maintain the confidentiality of their passwords.
9.8. The Parties recognize the legal validity of emails (and their attachments) as documents sent via email, considering them equivalent to paper documents signed with a personal signature, as only the Parties and their authorized persons have access to the respective communication means—the email addresses. Each Party accesses their email through a password and is obligated to maintain its confidentiality.
For the Company, these are the email addresses listed on the Website. For the User, this is the email address provided when entering into the Agreement.
9.9. Electronic documents signed under clauses 9.8 and/or 9.9 of the Agreement will serve as proper written evidence in legal proceedings.
9.10. The text of the Agreement is protected by copyright (exclusive rights are retained by the author of the text). The User and third parties are not entitled to use the text of the Agreement or its protected parts in other agreements or make any other use of the text except for the purposes of executing the Agreement and only when such use of the text or its parts is necessary.
9.11. The current version of the Agreement is available at https://funpay.com/account/agreement.
10. COMPANY DETAILS
FUNPAY LLC (Limited Liability Company)
IN 412753685 (Identification number, LEPL National Agency of Public Registry)
Legal Address: Georgia, Tbilisi, Samgori District, Akaki Paghava Str., N 27 B
E-mail: a@funpay.com
for the website funpay.com
This User Agreement (hereinafter referred to as the "Agreement") is a public offer of FUNPAY LLC, a company registered under the laws of Georgia under registration number 412753685 (hereinafter also referred to as the "Company").
1. TERMS AND DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings specified below:
1.1. Website, Program – a software program accessible on the internet under the domain name funpay.com, functioning as an online platform where some Users (hereinafter also referred to as "Sellers") publicly post offers to sell their Goods, and other Users (hereinafter also referred to as "Buyers") purchase these Goods.
1.2. Service – the provision of information-technology interaction between the Seller and Buyer through the Operator for the purpose of facilitating settlements between Users regarding a Transaction. This interaction is configured to transfer the Buyer's payment for the Goods to the Seller after the Buyer confirms the fulfillment of the Transaction (also known as the "Transaction Guarantee").
1.3. Offer – this Agreement, a proposal to an indefinite number of persons to accept the terms of access to the website funpay.com. For the purposes of this document, the terms "Offer," "License Agreement," and "Agreement" are equivalent.
1.4. Acceptance – the full and unconditional acceptance by the User of the terms of access to the Service on the website funpay.com by performing the actions specified in the Agreement.
1.5. Parties (Party) – individuals who have entered into this Agreement with one another.
1.6. User – an individual who is a licensee under this Agreement, possessing the necessary legal capacity to access the Service and utilize its functionalities, and who has performed or is performing actions aimed at registering on the website funpay.com.
1.7. Seller – a User who acts as a seller in a specific one-time Transaction, posting an Advertisement with an offer to enter into a Transaction for their Goods, acting in their own interests or in the interests of another party.
1.8. Buyer – a User who acts as a buyer in a specific one-time Transaction, viewing an Advertisement posted by a Seller, interacting with the Seller regarding the Goods, and concluding a Transaction with the Seller using the Secure Pages of the Website.
1.9. Goods – any property, property rights, goods, or services for which the Seller posts an Advertisement through the Website.
1.10. Advertisement – an informational message offering Goods (including any related information), posted by the Seller through the Website and addressed to an indefinite number of persons (Sellers' offers).
1.11. Transaction – a contract of sale for Goods entered into between the Seller and Buyer in accordance with the terms of this Agreement and the conditions specified in the Advertisement.
1.12. Secure Pages of the Website – Service pages that are accessible only upon the Buyer or Seller entering their Login and Password.
1.13. Personal Account – an interface for interaction between Users (Buyers/Sellers) and the Website, allowing them to view Advertisements, post or edit Advertisements, modify information provided by Users about themselves (including but not limited to: nickname, phone number, email address), accessible to Users after registration on the Website by entering their Login and Password.
1.14. Payment Services Operator, Operator – a bank, payment system operator, or other payment provider authorized under applicable law to conduct monetary transfers and other lawful payment methods.
The Operator provides settlement services between the Buyer and Seller based on separately concluded agreements between the Operator and the User.
1.15. Service Provider – the Company or other entities to whom the Company has delegated the provision of the Service.
2. PROCEDURE FOR CONCLUDING THE AGREEMENT
2.1. Full and unconditional acceptance of this public Offer is carried out by the User through any actions specified in this Agreement.
2.2. By accepting the terms of the Agreement, the User confirms that they possess the legal capacity, rights, and authority to enter into the Agreement and fully understand the significance of their actions.
2.3. From the moment the User accepts the Agreement, it is considered concluded in writing, equivalent in legal force to a document signed personally by both Parties, and is recognized as concluded at the Company's location.
2.4. The Agreement takes effect upon its conclusion and remains in force until the Parties fulfill their obligations under it.
2.5. The provision of certain services on the Website may be regulated by additional documents (terms, rules, etc.). Documents governing specific matters related to the provision of services on the Website shall apply insofar as they do not conflict with the Agreement.
2.6. By accepting the Agreement through clicking the corresponding button at the end of the Agreement's text, the User gives full and unconditional consent to the terms set forth in the Agreement, thereby establishing legal relations (rights and obligations) for using the Website.
2.7. Upon completing the registration process on the Website, the User is deemed to have fully accepted the terms of the Agreement without any reservations or restrictions.
2.8. If you disagree with any condition or find it unclear, please do not accept the Agreement or continue using the Website until the uncertainties or disagreements are resolved.
3. SUBJECT
3.1. The Company grants the User the right to use the Website under the conditions and scope defined in the Agreement.
3.2. Use of the Website is carried out by the User independently, without direct participation of the Company, on an "as is" basis, meaning the User has no right to demand or expect anything from the Company and the Website other than what is provided. The Company makes no warranties regarding the compatibility, functionality, or other aspects of the Website and is not obligated (but may, at its discretion) to provide technical support or updates for the Website.
An updated Website may include bug fixes, error corrections, and/or new or modified features and functionalities.
3.3. The right to use the Website and its functionalities is provided by the Company free of charge. This includes the User's ability to post Advertisements (Sellers' offers) for the purchase of Goods, conduct Transactions, receive compensation from other Users (Buyers) for sold Goods, as well as search for, purchase, and pay for Goods.
3.4. Only the Service is subject to payment. The cost of the Service will be calculated for the User prior to their confirmation of the service.
Depending on the selected method of fulfilling settlement obligations, the User will be redirected to the Operator that has a technical connection with the Website to receive information about the Transaction, allowing the Operator to facilitate deferred execution of the Transaction as instructed by the Users (Buyer and Seller).
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The User's granted right includes the direct use (operation) of the Website and the automatic temporary copying by the User's browser of audiovisual representations of parts of the Website and portions of its program code. Generating any income from the use of such copies, whether direct (fees) or indirect (revenue from advertisements displayed using the copies), is not permitted.
4.2. Registration on the Website:
4.2.1. Registration is carried out by the User automatically (without the Company's involvement) in the manner provided on the Website. Registration can be completed either by filling out a form provided by the User or by authorizing through third-party websites (e.g., vk.com, facebook.com, and others), if such an option is available on the Website. In the latter case, the minimum information about the User required for authorization (e.g., the User's ID on vk.com when authorizing via VKontakte) is automatically transferred to the Website from the third-party site.
4.2.2. Registration is not possible without the User's agreement to the Agreement. By registering, the User expresses full and unconditional consent to the Agreement.
4.2.3. Upon registration, an account and a page on the Website are created for the User. Access to the account is achieved using a login and password (either for the Website or for the third-party site used to authorize on the Website). The User is obligated to keep their password confidential. Any actions performed using authorization on the Website (via the account) are considered to be performed by the User themselves.
4.3. The User has the right to use the Program while residing in any country.
4.4. The User, when transferring or receiving payments for a Transaction and otherwise using the Service (particularly for deferred execution of transfers and/or choosing the method of fulfilling settlement obligations), is required to pay a fee for using the Service under the conditions of the Agreement.
4.5. The Company (or another Service Provider) has the right, at its sole discretion and without justification, to provide certain additional features/functionalities or discounts to specific Website Users, along with other preferences when using the Service.
4.6. The Company has the right to conduct planned maintenance on the Website (error resolution, bug fixes, security enhancements, updates, etc.), during which certain functionalities of the Website or the entire Website may be temporarily unavailable. However, the Company is obligated, where possible, to conduct such maintenance during nighttime hours (Tbilisi, Georgia time) and for no more than eight hours cumulatively per calendar month.
The Company may, but is not obligated to, notify Users in advance by posting a notice of planned maintenance on the Website's main page.
The limitations specified in this clause do not apply to cases where work is conducted to eliminate significant errors, vulnerabilities, or cases of Website inoperability unrelated to the Company's deliberate actions (hacking, attacks, etc.).
4.7. The User is not permitted to assign their rights under the Agreement to third parties or sublicense them.
4.8. The User agrees to refrain from:
- Modifying the Website or the results it generates, including audiovisual representations, through unauthorized programmatic code interactions or unapproved queries.
- Adapting or decompiling the Website.
- Circumventing technical security measures.
- Extracting information from the Website, including individual objects (images, sounds, videos, texts).
- Performing actions not explicitly provided for by the Website's interface.
The User agrees to avoid exploiting any technical vulnerabilities of the Website (bugs, "holes," etc.) and, upon discovery, must promptly notify the Company via email or a feedback form.
4.9. The User consents to the Company making decisions based solely on automated processing of the Website's user database that result in legal consequences for the User or otherwise affect their rights and legitimate interests, especially when such decisions pertain to granting additional rights or functionalities (e.g., discounts, additional website functionalities, prize draws in the form of goods and services, etc.).
4.10. The User (Seller) is required to refrain from selling the same Goods, categories of Goods, or similar Goods offered for sale on the Website through other websites or directly to other Website users, including through exchanging contact information or discussing deals bypassing the Website's functionalities. The Website serves as an exclusive platform for Sellers.
For example, a Seller offering virtual currency (game money, gold, rubles, coins, etc.) for sale may not post ads for the sale of game items, artifacts, chests, etc., on other websites.
If a User is found to have violated this obligation, the Company has the right to temporarily or permanently prohibit them from acting as a Seller on the Website.
The User also understands and agrees that all discussions conducted through the Website's functionalities must aim to conclude a Transaction. To monitor compliance with this clause, the Company may access any discussions or other User messages within the Website.
4.11.The Seller is obligated to conduct Transactions exclusively through the Website in accordance with the Agreement, the trading terms posted on the Website at https://funpay.com/trade/info, and within the technical functionality and limitations of the Website. Violation of any condition constitutes a breach of the Agreement.
4.12. The User (Buyer) independently searches for, examines, and accepts the Sellers' offers.
4.13. Ensuring direct access to the Website (necessary devices, software, connectivity, etc.) is the sole responsibility of the User.
4.14. The User understands and confirms that neither the Company, the Service Provider, nor the Operator is a party to the Transaction between the Buyer and the Seller. They are not a source of income for the Seller and do not participate in the transfer of Goods from the Seller to the Buyer. They are not responsible for any factual and/or legal consequences of the Transaction between the Buyer and Seller (e.g., certain online game rules may provide for in-game penalties for specific actions). They do not study or verify the rules of the games nor ensure that Transactions and User actions comply with these rules.
4.17. The transfer of Goods is carried out directly from the Seller to the Buyer outside the Website. However, the chat window on the Transaction page may be used to exchange information about the method of delivery/transfer of the Goods. The Buyer confirms the receipt of the Goods on the Transaction page. The Buyer independently inspects and evaluates the quality and completeness of the Goods. After the Buyer confirms the receipt of the Goods in the chat window on the Transaction page, payment is made available to the Seller, and the Transaction is closed and considered completed.
4.18. The User is obligated not to post materials or information (texts, images, videos, etc.) on the Website or take actions that violate laws, the rights or legitimate interests of third parties, or the rules for using the Website and concluding and executing Transactions as outlined on the Website. For the User's convenience, the main rules and the consequences of their violation are presented at https://funpay.com/trade/info. The User confirms that they have reviewed these rules and agreed to the consequences specified therein.
5. SERVICE AND SETTLEMENTS
5.1. Through established communication channels between the Service Provider and the Operator, information about all stages of settlements (User payment, User receipt of payment, etc.) is displayed in the User’s Personal Account (in the Finance section, on the Transaction page, and other Personal Account pages). The obligation to pay for a Transaction between the Buyer and the Seller is considered fulfilled by the Buyer at the moment funds are received by the Operator, which is reflected in the corresponding User’s Personal Account. This guarantees that payment for a Transaction will not be transferred to the Seller until the Buyer confirms receipt of the Goods, and the Seller is assured that the Goods will be paid for. Therefore, for the Users’ interests and the Service’s reputation, settlements outside the Website are prohibited.
5.2. Processing fees for settlements related to Transactions (for using the Service and the Operator's services) are calculated automatically based on the User’s location, Service Provider, Operator’s tariffs, distribution of monetary flows, and technical factors at a given time. These fees are displayed to the User on the Website as a single amount at each stage:
1) Payment made by the Buyer through the Operator or fund deposit,
2) Receipt of funds through the Operator or fund withdrawal (usually done by the Seller but also possible for the Buyer in the case of a refund).
The fee at each stage typically does not exceed 20%.
5.3. When the User chooses a payment method or a method for receiving funds for a Transaction, the Service Provider’s and Operator’s fees are automatically calculated based on the User’s country of residence. The User hereby instructs and authorizes the inclusion of this fee in the calculation of the User’s balance on the Website and agrees to instruct the Operator to pay the Service Provider’s commission.
Additionally, the User is notified that each Operator independently calculates and charges its own fees in accordance with its rules—based on public offers, agreements, and policies of the Operator itself. (Users are encouraged to familiarize themselves with these documents when making payments and accepting them.)
The User may accept the terms of the Service Provider and the Operator or refuse to complete the Transaction before payment is made, without any financial penalties from the Service Provider or Operator. However, after the Service is accepted for a specific Transaction and/or payment is made for the Transaction, the Service Provider and Operator are entitled to their fees. As a result, while refunds are possible, the amounts will be reduced by the Service Provider’s and Operator’s fees. The Service Provider and/or Operator may waive or reduce their fees, of which the User will be notified by the display of the recalculated amount.
5.4. The Seller may use funds owed to them by the Buyer for completing a Transaction through the Website (as a Buyer) no sooner than 48 hours after receipt. Fund transfers (payments to the specified account details minus additional withdrawal fees) are typically completed within 48-72 hours (but no more than 180 days). This delay is part of the Service’s guarantee mechanism for the Transaction, aimed at minimizing fraud (including payment by bank cards) and enhancing the reliability and reputation of the Website.
5.5. If information from law enforcement agencies, authorized bodies, Operators, and/or the Service Provider regarding suspected or confirmed fraudulent activities by the User is received, the Service Provider has the right to provide Operators with information on the need to block the User’s funds until complaints are resolved.
5.6. As part of the Service, the Service Provider offers Users the ability to block their counterparty's funds in a Transaction upon complaint until the dispute is resolved. The User consents to participate in such a mandatory pre-trial procedure and agrees to the Service Provider and/or the Company taking the necessary actions and measures in accordance with the rules and arbitration procedures available at https://funpay.com/support/ticket.
If the Service Provider makes an incorrect decision during Arbitration, it agrees to compensate the affected User with an amount equal to the price of the Transaction between the Seller and the Buyer. This constitutes exclusive liquidated damages (losses exceeding this amount are not subject to compensation), and no claims may be brought by the User in connection with the resolved dispute (neither to the Company, the Service Provider, the Operator, nor any other User).
5.7. For the convenience of Users, the prices for Goods offered by Sellers typically include the Service Provider’s fees and Operator’s commissions, i.e., the total amount the Buyer will pay.
6. PERSONAL DATA
6.1. The Website may collect technical information during its use (including background operation): device details, model and version, operating system and its version, IP address, login time, location, and technical information collected by internet analytics tools (e.g., Yandex.Metrica, Google Analytics, etc.). This information is necessary for analyzing the Website, improving its performance, and adapting it to the User.
6.2. The User agrees not to enter any information in the Website's form fields that would allow for their identification as an individual (full name, address, passport details, etc.). The User provides only their email address, which is required for User identification on the Website and granting access (not publicly displayed), as well as a nickname (pseudonym) publicly displayed on the Website (e.g., when conducting Transactions with other users through the Website). The password provided by the User is transmitted and stored in encrypted form and is therefore inaccessible to the Company.
6.3. Accordingly, the Company does not process the User’s personal data.
6.4. If the User provides their personal data (including in violation of the Agreement), this constitutes their consent for the Company to process it for the purposes of fulfilling the Agreement and other User Transactions.
6.5. The Service Provider processes personal data in accordance with the requirements of legislation.
6.6. Personal data is governed by a separate Privacy Policy.
7. USER CONTENT
7.1. The User has the right to post Advertisements for the sale of Goods on the Website and independently determines their content within the limits provided by the Agreement and the technical functionality of the Website. The User assumes full responsibility for the materials (content) they post, both before those whose rights may be affected and before the Company, and for violating the terms of the Agreement.
7.2. The Company does not monitor, review, approve, or endorse the User’s Advertisements. This includes the content of the User’s pages (pages on the Website that the User may modify and/or does modify). The Company provides the User with the technical capability to create pages (Advertisements) within the Website.
The Company does not initiate the placement of materials in the interest or on behalf of the User. The User places materials at their own initiative and through their actions using the automated technical tools and software of the Company. The Company does not control the specific placement of materials, select or approve the final recipients of the materials—visitors (including other users) of the Website.
The Company does not alter the content of materials posted by the User. Any technical changes made to the materials do not affect their substantive content. The User understands that the Website’s design and the display of entered information may change, but the User’s information itself will not.
7.3. The Company reserves the right, at its sole discretion, to delete or block (make unavailable to third parties) any material, suspend or restrict the User’s access to their account and/or the Website, or unilaterally terminate the Agreement, resulting in the deletion of the User’s account, if the Company becomes aware that the User’s use of the Website violates or contributes to the violation of the Company’s rights, third-party rights (including other users and/or Website visitors), legal norms, international standards, the Agreement, and/or the purpose and essence of the Website.
In any case, the Company does not modify the content of the User’s materials.
The Company may take actions outlined in this clause without prior notice to the User if it deems immediate action necessary to address a violation or suspected violation in accordance with applicable law.
The User agrees to accept the actions (measures) taken by the Company under this clause, regardless of their own assessment or the assessment of the reasons that led to such actions.
7.4. The User agrees not to use the Website for advertising purposes (e.g., repeatedly posting about the same person, product, or service from the same manufacturer, linking to the same website, etc.), except to advertise Goods they are selling through the Website and only using the functionality provided by the Website.
7.5. The User agrees to refrain from using the Website for illegal or unethical purposes (e.g., inciting conflicts that violate third-party rights, infringing or violating the rights and legitimate interests of third parties, profiteering, deception, misleading, fraud, insults, degradation of human dignity, spam, etc.).
7.6. The User agrees to refrain from posting personal and/or contact information on the Website, including phone numbers, email addresses, and other details, either their own or those of third parties.
8. MODIFICATION AND TERMINATION OF THE AGREEMENT
8.1. The license to use the Website remains valid until the Company revokes it. If the Company decides to shut down the Website or suspend its operation, it will, as a general rule, notify the User in advance. In such cases, the license is considered terminated or suspended accordingly.
8.2. The Company reserves the right to unilaterally amend the Agreement. The User will be notified of such changes via email.
Logging into the Website (using their login and password) after the new version of the Agreement takes effect constitutes full acceptance of the updated Agreement.
If the User disagrees with the new version, they must refrain from logging into the Website.
8.3. The Company may unilaterally terminate the Agreement if the User violates any of its terms or other contractual obligations (under other agreements with the Company or the Transaction Guarantor). The Agreement is considered terminated extrajudicially at the moment the User is effectively deprived of access to the Website's functionality.
8.4. Termination of the Agreement (including early termination) also entails the revocation (termination) of the license to use the Website.
8.5. The Company may refuse to enter into an Agreement if the User has previously violated the Website's license terms or any other agreements concluded with the Company or another Transaction Guarantor. The Company may also unilaterally terminate the Agreement at any time without providing any compensation.
9. MISCELLANEOUS PROVISIONS
9.1. The Company and the Service Provider are liable only if they intentionally violate their obligations under the Agreement.
9.2. The Website name and domain name are protected means of individualization. Their use without the rights holder's consent is prohibited.
9.3. The Company has the right to send advertising messages to the User through the Website interface and/or via email, but only regarding the Company itself, its programs (including other websites), and services.
9.4. The legislation of Georgia applies to the relationships between the Parties concerning the Website. The national law of the Service Provider applies to the relationships between the Parties concerning the Service. The applicable law governing relationships between the User and the Operators is determined by the Operators themselves (according to their rules and agreements).
9.5. The competent court for disputes related to the Agreement will be the court at the Company's registration location, as determined on the date of filing the claim.
9.6. The Parties agree to use Tbilisi, Georgia time for calculating deadlines under the Agreement.
9.7. The Parties recognize the legal validity of documents submitted through the Website account (notifications of data changes, User requests, messages, etc.). Such documents, signed with a simple electronic signature (for the User, access to the account is achieved through a login and password or authorization via third-party sites, which is also accessed through a login and password; for the Company, through login and password entry), are considered equivalent to paper documents signed with the personal signature of the respective Party. The Parties are obligated to maintain the confidentiality of their passwords.
9.8. The Parties recognize the legal validity of emails (and their attachments) as documents sent via email, considering them equivalent to paper documents signed with a personal signature, as only the Parties and their authorized persons have access to the respective communication means—the email addresses. Each Party accesses their email through a password and is obligated to maintain its confidentiality.
For the Company, these are the email addresses listed on the Website. For the User, this is the email address provided when entering into the Agreement.
9.9. Electronic documents signed under clauses 9.8 and/or 9.9 of the Agreement will serve as proper written evidence in legal proceedings.
9.10. The text of the Agreement is protected by copyright (exclusive rights are retained by the author of the text). The User and third parties are not entitled to use the text of the Agreement or its protected parts in other agreements or make any other use of the text except for the purposes of executing the Agreement and only when such use of the text or its parts is necessary.
9.11. The current version of the Agreement is available at https://funpay.com/account/agreement.
10. COMPANY DETAILS
FUNPAY LLC (Limited Liability Company)
IN 412753685 (Identification number, LEPL National Agency of Public Registry)
Legal Address: Georgia, Tbilisi, Samgori District, Akaki Paghava Str., N 27 B
E-mail: a@funpay.com