This Agreement is a valid contract between you and Beijing Xiaomi Digital Technology Co., Ltd. and its affiliates and third-party cooperative corporations ("Xiaomi" or ‘’we’’) regarding Mi Pay ("the Service"). Some of our Service must be used in conjunction with third party services. We strongly encourage you to contact related service providers for more information about their service policies and/or user agreement. You have the right to choose not to use the Service; and if you choose to use the Service, you will be deemed to have full legal capacity to enter into a contract and agreed to be governed by the terms and conditions of the Agreement (including the updates).
1. Service contents and usage rules
Mi Pay refers to the e-payment services related to Xiaomi equipment and provided by Xiaomi. When you are using Xiaomi equipment containing NFC chip and binding with your credit or debit cards, you could pay or use other transaction function through such equipment.
1.1 To use Mi Pay, you must have a Xiaomi registered account, a device, and software that satisfy the requirements of the Xiaomi service system and compatibility requirements, all of which may affect your ability to use Mi Pay (these requirements may change from time to time). Please confirm that your hardware, software and device meet the system requirements;
1.2 Mi Pay enables you to add and delete credit and debit cards;
1.3 Mi Pay enables you to conduct transactions in the store easily, securely, and privately;
1.4 The “Find My Xiaomi” feature of Mi Pay supported by Xiaomi mobile devices, enables you to set your mobile device to “Lost Mode” in case your mobile device is lost and you need to suspend the use of the card or remove the card from Mi Pay. After you retrieve your mobile device, you can re-enable Mi Pay.
2. Privacy protection
Mi Pay takes your security and privacy into account in its design. Mi Pay helps protect your transactions with the security features built into the device’s hardware and software.
2.1 When you add a credit card or debit card to Mi Pay, Xiaomi may provide the following information to the card issuer or the service provider authorized by the card issuer, to confirm the user’s identity and activate the payment features:
a)Information about credit and debit cards, such as card number, expiration date, security code ;
b)Location information;
The card information as mentioned above will be encrypted and protected while transferring to the finance organizations/banks. Xiaomi will not store and back up such information.
2.2 To improve the stability of the software and provide services that better fit your preferences as well as for the risk control purpose, Xiaomi will collect your device data. You agree for Xiaomi to collect and analyze the following information: device information, such as IMEI and SEID.
2.3 When you use the Service, we may send you service-related messages (such as system maintenance, security warnings, and consumption records) as necessary. You may not be able to cancel important notices related to the Service that do not pertain to promotion.
2.4 To learn more about how Xiaomi protects your data and personal information, please click and review Russia Mi Pay Privacy Policy.
3. Transaction security
3.1 You shall keep confidential the payment password, bank card information, mobile phone and wristband information, and SIM card information to prevent use of such information by anyone else. Otherwise, you shall bear the risks and losses caused.
3.2 You shall ensure that Xiaomi equipment is operated and used in a safe, virus-free, uninvaded, unmonitored and legal environment; otherwise, you shall bear the risks and losses that occur.
3.3 When you use a card bound with Mi Pay for payment, you must follow the terms of management and use of the card issuer.
3.4 In the event that your Xiaomi equipment is lost or damaged, you shall contact the bank card issuer and report your lost physical card as soon as possible. The risks and losses caused by your failure to notify the bank card issuer shall be borne by yourself. In the event your physical bank card is damaged, the corresponding electronic bank card on your Xiaomi equipment will automatically become invalid and unavailable.
4. Service interruption and termination
4.1 We will use reasonable efforts, consistent with prevailing industry standards, to maintain the Service in a manner which minimizes errors and interruptions in the Service. However, we do not warrant that the Service will be uninterrupted or error free. Except as expressly set forth in this section, the Service is provided “as is” and we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
4.2 Xiaomi shall not be liable for any damage to your inability to use the Service due to any of the following circumstances, including but not limited to:
a)Xiaomi interrupts Xiaomi’s service system and software and hardware systems for maintenance and upgrading purposes;
b)Data transmission is interrupted due to a system failure in the communication network;
c)Service interruption caused by force majeure factors including typhoon, earthquake, power outage, flood, and war; and
d)Service interruption due to hacker attacks on the system.
4.3 Xiaomi will interrupt the Service at any time in line with the actual conditions, and will not be responsible for any individual or third party in the event of interruption;
4.4 Xiaomi expressly reserves the right to change, modify, update, add, terminate, remove, revise, delete or otherwise alter any part of Mi Pay unilaterally at any time, and under no circumstance shall Xiaomi be liable for the losses resulting from any claims or expenses incurred in connection with such actions.
5. Agreement change
Xiaomi has the right to unilaterally modify or change the contents of the Agreement in the light of the adjustment of business operations, and publish the latest service agreement through the Mi Pay client. If you continue to use Mi Pay after the Agreement or ancillary agreements are modified or changed, you will be deemed to have read, understood, and agreed to accept such modifications or changes.
6. Governing English version
We provide the Russian translation for the Mi Pay User Agreement and Privacy Policy for reference. In case there is any conflict between the English version and the Russian version, the English version shall prevail.
7. Governing law
7.1 The Service shall be governed by and interpreted according to the laws of Russia;
7.2 Mi Pay complies with the laws and regulations published by the region and the rules established by the relevant merchants, clearing and finance organizations, regulatory authorities, and government agencies;
7.3 None of the provisions of the User Agreement changes the terms of use and privacy policy established by the bank that issued the card registered in Mi Pay;
7.4 By accepting and agreeing to this User Agreement, you agree not to use Mi Pay for fraudulent, illegal purposes, or in other ways that violate the requirements of applicable laws. You agree not to directly or indirectly interfere with the work of Mi Pay, not to violate it and not to use the Service, other related infrastructure in other unacceptable ways. You agree to use Mi Pay solely for personal purposes, with your debit or credit cards;
7.5 Xiaomi does not regulate and does not process payment transactions made through Mi Pay, is not responsible for the accuracy of information about payment cards, transactions, other financial information related to cards and transactions made by you. Xiaomi does not carry out banking activities, does not issue and does not provide bank cards, other payment instruments, funds related to your use of Mi Pay. All these issues are resolved by you directly with the bank that issued the card. You acknowledge and agree that all transactions using Mi Pay are made directly between you and the seller of goods and services, and not Xiaomi or its affiliates. Xiaomi does not have any control over, and is not responsible or liable for, the products or services that are paid for with Mi Pay services. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. Xiaomi is not a party to any agreements, contracts, terms and conditions between the card holder, its user and the bank. Xiaomi is not obligated to confirm the validity of your bank cards, or to guarantee that the bank that issued the card will approve and complete the transaction when buying through Mi Pay.
7.6 Under no circumstance shall Xiaomi be liable for any indirect, consequential, exemplary, incidental, exceptional or punitive damages incurred in connection with the Service
Effective date: 26/12/2019