1. Scope and use of Payment services
1.1. JTC provides Payment Services to Users through and in connection with the Palmarius Platform, including collection of payments and the transfer and payment of funds (“Payment Services”). Payment services, including collection of payments, as well as transfer and payment of funds in Russian ruble currency, are provided by Palmarius LLC. Please note that the term “Payment Services” includes, among other things, the services of JTC related to the provision of free travel reservations.
1.2. JTC may temporarily and subject to the legitimate interests of Users (for example, by sending a prior notice), restrict access to the Payment Services or their individual functions to perform technical work that ensures the proper or improved functioning of the Payment Services. JTC may improve, expand and modify Payment Services, and introduce new Payment Services. JTC will send Users notifications of any changes to the Payment Services, unless such changes are of a minor nature and do not have a significant impact on the contractual obligations of the parties.
1.3. Payment services may contain links to third party sites and resources ("Third Party Services"). The operation of the Third Party Services is governed by other terms and conditions, including privacy terms, and Users should read them separately. JTC is not responsible for the availability or accuracy of Third Party Services, or the content, products, or services of Third Party Services. Links to Third Party Services do not imply any warranty of any kind regarding Third Party Services by JTC.
1.4. You can use the Payment Services only in accordance with the laws of the Russian Federation and your country of residence, as well as other applicable laws. In particular, Payment Services cannot be used to send funds: (i) to countries that are subject to an embargo in the Russian Federation; (ii) persons included in the List of Special Categories of the Ministry of Finance of the Russian Federation or on the sanctions list of the Ministry of Trade of the Russian Federation. You represent and warrant that: You warrant that (i) you are not located and your Services are not provided in countries that are embargoed by the Russian Federation or that have been designated by the Russian government as “supporting terrorists”; and (ii) you are not a member of any parties included by the Russian government in the list of prohibited. In addition to complying with the above requirements, you are also required to comply with all applicable export control laws in your jurisdiction.
1.5. You may need to fulfill or accept additional terms to use or access certain Payment Services. Unless otherwise stated, in the event of a conflict between these Payment Terms and the terms applicable to certain Payment Services, the latter shall prevail in relation to the use or access to these Payment Services.
2. Basic definitions
"Payout" is a payment made to the User by JTC for the provision of services that have been provided in connection with the Palmarius Platform.
“Payment Method” is the payment method that you have specified in your Palmarius Account, such as direct transfer, prepaid bank card or debit bank card (if applicable).
3. Changes to these Terms of Payment
JTC reserves the right to change these Payment Terms at any time in accordance with this statement. In the event of changes to these Payment Terms, the updated Payment Terms will be posted on the Palmarius Platform with the date of the last update at the top of the first page of the Payment Terms. We will also notify you of the changes by email at least thirty (30) days before the changes take effect. If you do not agree with the updated Terms of Payment, you can terminate this Agreement with immediate effect of termination. We will inform you of the right to opt out and terminate the Agreement in the notification sent by e-mail. By not terminating the Agreement before the effective date of the changes and continuing to use the Payment Services, you thereby confirm that you have accepted the updated Terms of Payment.
4. Verification of compliance with the established requirements, verification of the User
4.1. You must be at least 18 years old to use the Payment Services and you must be able to enter into legally binding contracts. By using the Payment Services, you confirm that you are 18 years of age or older.
4.2. JTC may stipulate access to, and use of, Payment Services features and services, such as requiring verification or compliance with certain criteria.
4.3. We may ask for any information we deem necessary to identify or verify your identity, and to prevent fraud. In this regard, you authorize JTC to search third-party databases and other sources for information about you, and to request reports from suppliers of Goods and Services. We are required by laws in some jurisdictions to collect personal data to comply with anti-money laundering regulations. These measures may include (i) asking for official identification (such as a driver's license or passport), date of birth, address and other details; (ii) requiring you to verify your email address, Payment Method, or Payment Method; (iii) attempts to verify information about you in third party databases. JTC reserves the right to terminate, suspend or restrict access to the Payment Services if it is impossible to obtain or verify your data.
5. Account Registration
5.1. To use the Payment Services, you must have a Palmarius Account with the proper status. If your Palmarius Account is closed by you or Palmarius for any reason, you will no longer be able to use the Payment Services.
6. Payment Methods and Payment Methods
6.1. When adding a Payment Method and Payment Method to your Palmarius Account, you need to provide JTC or a third party payment operator with general information, including name, billing address, and payment method information. It is your responsibility to provide accurate, valid and complete information when adding a Payment Method and Payment Method, and you are responsible for maintaining the validity of a Payment Method and Payment Method. When using some Payment Methods, the following information may be required to implement the Payment Method:
account holder's name, account type, bank code, account number, email address, payment currency, identification number and account information with the payment operator.
6.2. When adding or using a new Payment Method, JTC may verify the Payment Method by performing a small amount of authorization or by verifying the authenticity of your account through a third party payment operator. For additional verification, we may also (i) conduct one or two small authorizations for your Payment Method and ask you for an authorization amount, or (ii) ask you to download an account statement. We can and reserve the right to initiate a refund of these amounts through the Payment Method. If a Payment Method is added when paying for a booking, we will automatically save that Payment Method in your Palmarius Account for future use.
6.3. Please note that using Payment Methods and Payment Methods may require the involvement of third party payment operators. Such payment processors may charge you additional fees for processing payments and Payouts as part of the provision of Payment Services, including deducting the fees from the amount of the Payout. JTC will provide accurate information on the cost of such fees before paying for the booking. JTC is not responsible for such fees and disclaims any liability in this regard. The use of Payment Methods and Payment Methods may be subject to additional rules of third-party payment operators. Please review these terms and conditions before using Payment Methods and Payment Methods.
6.4 You authorize JTC to store your Payment Method details and debits with the Payment Method indicated in accordance with these Payment Terms. If the banking information of your Payment Method (for example, account number, bank code, expiration date) changes as a result of reissue or for other reasons, we have the right to obtain this information from our financial services partners or at your bank, as well as update Payment Method information stored in your Palmarius Account.
6.5. You are solely responsible for the accuracy and completeness of information about your Payment Method and Payment Method. JTC will not be held liable for any losses incurred as a result of your providing incorrect information about a Payment Method or Payment Method.
6.6. If your Contracting Party is different from the country of your Payment Method, or the currency you choose is different from the billing currency of your Payment Method, your payment may be processed outside of your country of residence. For example, if you book using a bank card issued in the Russian Federation, but choose Euro as your currency, your payment may be processed outside Russian banks, and card issuing companies may charge fees for international transactions and currency exchange for such international transactions. In addition, if you pay in a currency other than the billing currency of your Payment Method, your bank or card company may convert the payment amount to your billing currency associated with your Payment Method based on the exchange rate and the charge amount. installed exclusively by your bank. As a result, the amount shown on your card statement may differ from that displayed at the time of payment. For questions about fees and applicable exchange rates, please contact your bank or card company.
7. Appointment of JTC as a limited liability collection agent
7.1. Each User who provides Goods or services through the Palmarius Platform and receives payment for them (hereinafter referred to as the "Provider of Goods and Services") hereby appoints JTC as its collection agent solely for the purpose of receiving funds from Users purchasing these services (hereinafter - "Consumer of Goods and Services").
7.2. Each Supplier of Goods and Services agrees that a payment made by a Consumer of Goods and Services through JTC is equal to a payment made directly to the Supplier of Goods and Services. The Supplier of Goods and Services undertakes to provide the paid Goods and Services to the Consumer of Goods and Services in an agreed manner, as if the Supplier of Goods and Services received payment directly from the Consumer of Goods and Services. Each Supplier of Goods and Services agrees that JTC may return funds to the Consumer of Goods and Services in accordance with the Palmarius Terms. Each Supplier of Goods and Services understands that JTC's obligation to transfer fees to the Supplier of Goods and Services is conditional on the successful receipt of the corresponding funds from the Consumer of the Goods and Services. JTC guarantees to the Suppliers of the Goods and Services the transfer of fees only in the amount in which it is successfully received by JTC from the Consumers of the Goods and Services in accordance with these Payment Terms. Taking on the functions of the agent of the Supplier of Goods and Services with limited liability for collection of payments, JTC does not assume any responsibility for the actions or omissions of the Consumers of the Goods and Services.
7.3. Each Consumer of Goods and Services agrees that JTC is not a party to the agreement between him and the Provider of Goods and Services, but acts as a limited agent to collect payments from Consumers of Goods and Services on behalf of the Provider of Goods and Services. After the funds are transferred to JTC, your obligation to pay for the Goods and Services of the Supplier for the agreed amount is considered fulfilled. JTC is obliged to transfer these funds to the Supplier of Goods and Services in accordance with these Terms of Payment, which constitutes an agreement between JTC and the Consumer of Goods and Services. If JTC does not transfer the money paid, then the Supplier of Goods and Services may only make claims against JTC, and not against the Consumer of Goods and Services.
8. General financial conditions
JTC may charge fees for the use of certain Payment Services. Information about the amount of such fees is published on the Palmarius Platform and is available for viewing by all Users on the booking page before paying for the Goods and Services.
8.2. The right to write off funds
You authorize JTC to charge you in accordance with these Payment Terms and the Palmarius Terms. Specifically, you authorize JTC to charge you the following amounts:
amounts payable to Palmarius (including in connection with the creation, Modification or cancellation of bookings as a Guest, Co-payer, Owner or user of the Palmarius Platform), including for reimbursement of expenses incurred by Palmarius on your behalf - by debiting funds using The Payment Method specified in the Palmarius Account (unless you previously revoked your permission to use this Method), or by deducting these amounts from the amount of future Payouts. The funds deposited with JTC will be offset against your obligations to Palmarius.
amounts payable to the Supplier of Goods and Services by a Consumer of Goods and Services that JTC receives as Supplier's collection agent in accordance with the provisions of section 7;
If, in addition to the above amounts, there are other late or claim payments associated with your Method of Payment, we reserve the right to collect from you the costs we incur in collecting those payments, including collection fees, service charges, or other third party fees.
9.1. All refunds or credits to the User in accordance with the Refund Policy will be made by JTC.
9.2. JTC will process refunds promptly, however, the time to receive any refund will vary depending on the Payment Method and applicable payment transfer system rules (eg Visa, Mastercard, etc.).
10.1. Errors when processing payments
We will take all necessary steps to correct any payment processing errors that we become aware of, including we may credit or debit funds using the Payment or Payment Method that you used for the original Payment or payment, so that the payment or received the amount is correct. Such actions may be performed by JTC or a third party, including your financial institution.
10.2. Collection of payments
10.2.1. If JTC is unable to write off any amounts that you are required to pay under these Payment Terms, JTC may take steps to recover those amounts from you.
10.2.2. Payments to JTC are considered overdue if the following conditions are met: (a) for authorized debits - after 30 (thirty) days have passed since JTC's first attempt to debit funds using the Payment Method specified by the User, or from the moment the corresponding services are provided (depending on what comes later); (b) for deductions from future Payments to the Supplier of Goods and Services - upon expiration of 60 (sixty) days from the date of adjustment of the Supplier's invoice of Goods and Services or from the date of provision of the relevant Goods and Services (whichever comes later).
10.2.3. If it is impossible to collect overdue payments within 90 (ninety) days from the date of the delay, JTC will recognize these obligations as unfulfilled: (a) for authorized debits - after the first attempt by JTC to write off funds using the Payment Method specified by the User, or from the moment the relevant Goods are provided and the Services (whichever comes later); (b) for deductions from future Payments to the Supplier of Goods and Services - after adjusting the account of the Supplier of Goods and Services or from the date of provision of the relevant Goods and Services (whichever occurs later).
10.2.4. You hereby agree that all notices regarding amounts payable will be sent to the email address or telephone number that you have provided to Palmarius and / or JTC. Such notices may be sent by Palmarius and JTC and by third parties on their behalf, including third party collection agencies.
11. Security bonds
12. Currency conversion
JTC processes transactions in currencies: US dollar, euro, Israeli new shekel, Russian ruble. For the convenience of the user, the system provides a larger number of currencies. The currency of the write-off and the exact amount of the write-off in the selected currency is displayed on the payment page for the product or service. The withdrawal currency is selected automatically in order to optimize payments depending on the payer's country of residence, as well as the bank that issued his bank card. The list of currencies available for payments and payments on transactions may be limited due to legal or technological restrictions depending on the Payment or payment Method chosen by the User, the country of residence of the User or the party (s) of the Palmarius agreement. Such restrictions will be published on the Palmarius Platform, and the User will be given the opportunity to pay in another currency or another Method of payment or payout. Please note that third-party payment operators of the User may charge transaction, conversion and other fees depending on the currency or Method of payment or payout. JTC assumes no responsibility for such fees and expressly disclaims all liability in this regard.
13. Prohibited activities
You are solely responsible for complying with all laws, regulations, bylaws and Tax obligations that may apply or arise in connection with your use of the Payment Services. By using the Payment Services, you agree that you will not personally commit, and will not help or allow others to do the following:
violate applicable laws or rules, terms of agreements with third parties, the rights of third parties, as well as evade compliance;
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payment Terms;
register with your Palmarius Account Payment or Payment Methods that do not belong to you or that you do not have the authority to control;
avoid, delete, deactivate, damage, decrypt or otherwise circumvent any technical means used by JTC or other third parties to ensure the security of the Payment Services;
take any actions that cause damage and negative impact, as well as may damage or negatively affect the speed or proper functioning of the Payment Services;
make attempts to decrypt, decompile, disassemble the software used to provide the Payment Services, as well as attempt to disclose its technology;
violate someone's rights or otherwise harm someone.
14. Intellectual property rights, rights notices
14.1. Payment services are protected by copyright and trademark laws, as well as other laws of the Russian Federation and other countries. You agree that the Payment Services, including all associated intellectual property rights, are owned exclusively by Palmarius, JTC and its licensors. You may not remove, modify, or hide copyright, trademark, service mark, or other protected rights notices that are part of or associated with Payment Services. Trademarks, service marks, logos, trade names and any other protected designations of third parties used in or associated with the Payment Services are used for identification purposes only and may be the property of their respective owners.
14.2. You may not copy, adapt, modify, distribute, sell, assign, publicly display, publicly perform, broadcast, transmit or otherwise use the Payment Services, or develop or license derivative works based on them, except in ways that expressly provided for in these Payment Terms. You are not granted any licenses or rights in intellectual property owned or controlled by Palmarius, JTC or its licensors, except for licenses and rights expressly provided for in these Payment Terms.
We welcome and encourage any feedback, comments and suggestions for improving the Payment Services ("Suggestions"). You can send us Proposals by email using the "Contact Us" section of the Palmarius Platform. All Submissions you submit are not considered confidential and are not considered your property. By submitting an Offer to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual sublicense license to use and post ideas and materials for any purpose and without compensation to you.
16. Disclaimer of rights and claims
16.1. You use the Payment Services voluntarily and at your own risk. To the extent permitted by applicable law, Palmarius provides the Payment Services on an “as is” basis, without any express or implied warranties.
16.2. Notwithstanding the fact that JTC has been appointed as an agent of Suppliers of Goods and Services with limited liability to collect payments from Consumers of Goods and Services through the Palmarius Platform, JTC explicitly disclaims responsibility for any actions or omissions of Users or other third parties. Acting as an agent of the Suppliers of Goods and Services, JTC assumes no other obligations other than those expressly provided for in these Terms of Payment, as well as all additional obligations provided for by applicable law, to the extent permitted by law.
16.3. The fact that we carry out verification of the identity of any User to the extent permitted by applicable law does not entail the provision of explicit or implied guarantees that as a result of the verification, all facts of violations committed by Users in the past will be established, and their violations in the future will be excluded.
16.4. The foregoing disclaimer applies to the maximum extent permitted by applicable law. You may have other legal rights or warranties that are not limited by law. In this case, the scope of the provided mandatory rights and guarantees (if any) will be limited to the maximum extent permitted by law.
You agree that, to the maximum extent permitted by law, you assume all risk arising in connection with your access to and use of the Payment Services. If you authorize or authorize another person to use your Palmarius Account in any way, you are responsible for that person's actions. Neither JTC nor any other person involved in the provision of the Payment Services is responsible for incidental damages, special circumstances of the case, or punitive damages or incidental damages, including lost profits, loss of data, or damages goodwill, service interruptions, computer damage or system failures, the cost of replacing products or services, for any loss due to personal injury, personal injury or moral damage arising out of (i) these Payment Terms, or (ii) related to the use or inability to use the Payment Services, as well as (iii) with communication, exchange of information or meetings with other Users or persons with whom you interact in the course of using the Payment Services, regardless of whether your requirements are conditioned by the provisions of the guarantee or a contract, the fact of an offense (including through negligence), liability for quality your products or other grounds, and whether JTC has been advised of the possibility of such damages, even if it is found that the use of the limited remedies set forth in these terms does not achieve their primary purpose. Except for our obligation to transfer fees to Suppliers of Goods and Services under these Terms of Payment or as required under the Warranty for Suppliers of Goods and Services, JTC's aggregate liability arising out of these Terms and your use of Payment Services, including as a result of use or inability to use the Payment Services, under no circumstances can exceed the amount that you have paid or must pay for bookings through the Palmarius Platform as a Client for the last 12 (twelve) months prior to the event that gave rise to liability. In the event that you are a Supplier of Goods and Services, the aggregate liability of JTC may under no circumstances exceed the amount paid to you by JTC in the last 12 (twelve) months prior to the event giving rise to the liability, or 100 (one hundred) dollars United States, if such payments were not made. The foregoing limitations on damages are fundamental aspects of the contractual relationship between you and JTC. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. If you live outside the territory of the Russian Federation, the above limitation does not apply to JTC's liability in the event of death or harm to life or health as a result of negligence, deliberate misrepresentation or misrepresentation of facts in relation to material matters, as well as its liability in other cases, if such liability cannot be excluded or limited in accordance with applicable law.
18. Compensation for damage
To the fullest extent permitted by applicable law, you agree to indemnify, defend (at JTC's discretion), indemnify and hold harmless JTC, its affiliates, subsidiaries and their officers, directors, employees and agents from any claim, liability, damage, losses and expenses, including reasonable legal and accounting expenses, in any way related to (i) your breach of these Payment Terms; (ii) your misuse of the Payment Services; (iii) in violation by you of laws, regulations or rights of third parties. If your country of residence is in the EEA, the indemnity obligation under this Section 18 applies only to the extent and to the extent that the claims, liability for damages, losses and expenses were caused by your willful breach of contractual obligations.
19. Termination and suspension of the contract, other measures
19.1. This agreement is effective until terminated or suspended, or other measures described in this Section 19 are taken.
19.3. In addition to the rights set out below, JTC may also terminate this Agreement at any time in its sole discretion by giving you thirty (30) days' notice by email.
19.4. (i) if you have committed a material breach of your obligations under this Agreement; (ii) you have provided incorrect, distorted, outdated or incomplete information; (iii) you have violated applicable laws, regulations or third party rights; (iv) JTC has reason to believe that such action is reasonably necessary to protect the interests of other Users, Palmarius companies, JTC or third parties (for example, in the event of attempted fraud by the User).
19.5. (i) in compliance with the requirements of the law, a decision or order of a court, instructions from law enforcement, administrative or government authorities; (ii) if you have violated these Payment Terms, applicable laws, regulations or third party rights; (iii) if you have provided incorrect, distorted, outdated or incomplete information about the Payment or Payment Method; (iv) if amounts payable under the Terms of Payment are late or unpaid, or (v) if JTC has reason to believe that such action is reasonably necessary to protect the personal safety or property of Palmarius, its Users, JTC or third parties, as well as to prevent fraud or other illegal activities.
19.6. If the violations are not material, then you will be notified of the action planned by JTC, with a proposal to eliminate the cause of the violation in accordance with the requirements of JTC.
19.7. If the JTC applies the measures described in this section, you can dispute this decision by contacting Customer Service at firstname.lastname@example.org
19.8. If you are a Supplier of Goods and Services and any of the measures specified in this section have been applied to you, we may decide to fully refund Clients for all confirmed reservations, regardless of the current cancellation policy.
19.9. If your access to the Payment Services is restricted or this Agreement is terminated on our initiative, you may not register a new Palmarius Account, try to access or use the Payment Services through another Palmarius User's Account.
19.10. If your country of residence is not in the EEA, the terms of Sections 10 and 14 to 22 of these Payment Terms will remain in effect upon termination or expiration of this Agreement.
20. Applicable law and jurisdiction
20.1. If you have a contractual relationship with JTC, these Payment Terms will be construed in accordance with the laws of Israel, without regard to their conflict of laws rules. Litigation (with the exception of small claims) is considered in the Israeli court, unless otherwise agreed by the parties. Both parties to the contract agree with the territorial jurisdiction and personal jurisdiction of the Israeli court.
20.2. If you have a contractual relationship with Palmarius, these Payment Terms shall be governed by and construed in accordance with the laws of the Russian Federation. Any disputes arising in connection with these Terms of Payment are considered in the Arbitration Court of the Tomsk Region.
21. Dispute Resolution
21.1. Review of the dispute resolution procedure. JTC endeavors to ensure that the dispute resolution process is user-friendly. As such, the dispute resolution process set out in these Payment Terms for Individuals, to whom Clause 21.1 applies, involves informal negotiations with Palmarius customer support.
21.2. Pre-trial dispute resolution and notification. Both you and JTC agree to notify the other party of the dispute and attempt to resolve it through informal negotiations prior to initiating legal proceedings. We will contact you using the email address you provided to us; you can contact Palmarius support by email. If, as a result of a good faith attempt at negotiation, one of the parties remains dissatisfied with the result, the party intending to continue the dispute in court agrees to notify the other party about this by e-mail prior to initiating legal proceedings.
22. General provisions
22.1. These Payment Terms constitute the entire Agreement between JTC and you in relation to Payment Services, canceling and superseding all prior oral and written agreements and understandings in this regard, unless the Payment Terms are amended by additional rules, standards, rules or conditions.
22.2. This Agreement or your use of the Payment Services does not imply any joint venture or partnership between you and JTC, or any employment or agency relationship.
22.3. If any provision of these Terms of Payment is found to be invalid or unenforceable, this provision will be deemed deleted and will not affect the validity and enforceability of the remaining provisions.
22.4. Failure to enforce any right or provision of these Terms of Payment by JTC shall not constitute a waiver of future enforcement of that right or provision. Except as expressly set forth in these Terms of Payment, any party's use of any of the remedies at its disposal under these Terms will not restrict the use of any other remedies at its disposal, whether provided in these Terms or permitted by law.
22.5. You may not assign, transfer or delegate this Agreement, or your rights and obligations under this Agreement, without the prior written consent of JTC. JTC may, without limitation, assign, transfer or delegate this Agreement and its rights and obligations under this Agreement at any time in its sole discretion by giving you thirty (30) days' notice by email. You have the right to terminate this Agreement at any time.
22.6. This Agreement does not imply and cannot be construed as giving any rights or remedies to any person other than the parties to the contract. At the same time, the parties agree to consider payment card operators as third-party beneficiaries under this Agreement when executing the provisions related to payments, and not require their consent or the conclusion of any agreement with these operators to amend this Agreement.
22.7. Unless otherwise specified, all notices or other communications permitted or required by this Agreement shall be in writing and sent by JTC by email, posting on the Palmarius Platform, or by sending messages (including SMS). For notifications sent to Users outside the EEA, the date of receipt is the date the notice was sent by Palmarius.
ИНН/ОГРН - 320880834
Alexandr Kogan - Director
JTC provides a printed version of these Terms upon request. If you have any questions regarding these Terms, please contact us by email.