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As a responsible e-money issuer our Regulated Provider takes the security of your money very seriously. Your funds are held in a secure, segregated bank account at a major European Bank, specifically for the purpose of redeeming transactions made via your Cards.
In the unlikely event of any insolvency or other loss of your funds, funds that have reached the segregated Client account will be protected against claims by the bank and by any other creditors of our Regulated Provider.
V Protecting Your Cards and Your Personal Information. Your Card information is important information which you agree to keep confidential in order to prevent others from using your Cards without your authorisation.
You will not be held liable for any losses once you have notified us of unauthorised use or transactions unless we reasonably determine that you acted fraudulently or with gross negligence in which cases you shall be liable for all losses.
We will block all and any such compromised Cards to protect your funds once you have advised us of any unauthorised use or transactions. If you receive such an embedded link, you are cautioned not to open it!
It is not from UPayCard and is likely fraudulent. Please ensure that all such Personal Information is up to date, as UPayCard uses this information in order to contact you.
When you update your Personal Information UPayCard will validate the changed Personal Information to ensure you are still eligible to have a Card.
If such new Personal Information prohibits you from having a Card UPayCard is required by law to immediately cancel such Card with no previous notice to you.
VI Using Your Card. Each time a Card is used to make a purchase at a merchant, or ATM, the amount of the transaction will be immediately deducted from your available balance as applicable.
Please note you shall not be allowed to convert crypto currencies in your e-Wallet for use on your Card. Any such conversions will be segregated in your e-Wallet and can only be transferred or withdrawn through the e-Wallet not the Card.
VII Virtual Card and Physical Card Renewal. All Virtual Cards are valid for thirty-six 36 months and will be automatically renewed.
We will notify you about the renewal of Virtual Cards at least once prior to renewal. You will be required to activate your Virtual Card according to the instructions provided by UPayCard via an email to your Account Message Centre prior to the expiration date of your Virtual-Card.
We will not send you a Physical Card. We will charge your Account all applicable Fees for your Virtual Card renewal, as per the Fee schedule available in Section IX.
All Physical Cards are valid for thirty-six 36 months and will be automatically renewed. We will send replacement Physical Cards at least one 1 month before the expiration of a Physical-Card.
You will be required to activate your new Physical Card according to the instructions provided by UPayCard when you receive your Physical Card.
VIII Cancelling Your Virtual Card or Your Physical Card. Should you wish to cancel any Card s you may do so on written notice to UPayCard. If you choose to have the funds that were on your cancelled Card and have been transferred to your Account and desire these funds to be redeemed to you, UPayCard will do so at no charge to you.
Subject to relevant regulations in force at the time, we reserve the right to block access to or to cancel all or any of your Cards if: 1 you load funds onto your Account and then move these funds to a Card from any source that you do not have the legal right from which to transfer funds; 2 you violate the Terms of this Agreement; or 3 we are so directed by the order of a court of competent jurisdiction.
If ordered by a court of competent jurisdiction or other legal or regulatory agency, UPayCard may be required to withhold repayment of your funds to you.
IX Fees and Limits. You hereby authorise UPayCard to deduct the relevant Fees from your Account balance or your Card s balance without prior notice.
All of the Fees shown below are applied in Euros, United States dollars, British Pounds. Fees Virtual Card Issuance Fee: 1st free, the 2nd 3.
We will deduct these Fees directly from your Account or any Card s. Any such changes, modifications or increases will be effective at the end of the two 2 month email notification to you, and the posting of such changes, modifications or increases in a revision to this Agreement on our website at www.
In this case, no cancellation or redemption fees will be charged. Unless otherwise expressly provided herein, no Fees hereunder are refundable at any time or for any reason.
X Authorisations. Each time that you use a Card the transaction will be electronically authorised to ensure that sufficient funds are available on such Card.
Pending Authorisations When you make a purchase at a merchant or make a cash withdrawal from an ATM, we receive an authorisation from the merchant or ATM provider which reduces the amount of funds on such Card that are available for you to spend by the amount of the authorised purchase or ATM withdrawal.
This is a pending authorisation and it will remain on your Card, reducing your available funds, until one of the following events occurs: 1 a settlement transaction is received from the merchant or ATM that matches the pending authorisation amount, which generally occurs within seven 7 days of the authorisation; or 2 we are in receipt of an authorisation release from the merchant or ATM owner which states that the merchant or ATM owner will not be processing a settlement transaction for the authorised amount.
At this time, the pending authorisation will be removed from such Card. When a settlement transaction has been received from the merchant or the ATM, the final amount of the purchase or ATM withdrawal will be debited from such Card at that time.
It is possible that an Authorisation may take place where the exact amount was not disclosed to you, or is significantly different from the amount disclosed to you.
This Section X. A and X. B identify and describe two of those possible situations. Authorisations from an Automatic Fuel Dispenser in a petrol station When you attempt a purchase at an unattended Automatic Fuel Dispenser "AFD" in a petrol station, the transaction may automatically be denied even though you might have sufficient funds in the relevant Card.
It also may automatically be authorised against such Card for One Hundred Euros EUR , provided you have at least One Hundred Euros EUR on that Card.
If you do not have EUR of available funds on that Card, the transaction will be denied. If the transaction is authorised, the actual value of fuel that you purchase from the AFD will be debited from such Card and the One Hundred Euros EUR authorisation will be removed.
If a transaction is denied at the AFD, you may still be able to purchase an amount of fuel up to the amount you have remaining on such Card, by making your purchase through the attendant at the petrol station.
When you complete your purchase, the actual value of your purchase i. If you do not have sufficient funds on such Card to cover the purchase and the Excess, your transaction may be denied at the time of the attempted authorisation.
XI Online Account Statement. A statement of the balance and activity on and the status of all Cards is available to you in electronic format for viewing online anytime on your UPayCard Account.
You may also download your Card balances and transaction history through the download options that we offer at the time you desire to download your Card activity.
XII Failure To Complete Transactions. We accept no liability for failing to complete any transaction for which you have not loaded sufficient funds in your Account or onto your Card s.
Neither UPayCard nor our Regulated Provider will have any liability whatsoever for the failure of any merchant or ATM owner to accept or honour your Card.
XIII International Transactons. XIV Disputes, Returns, Refunds and Chargebacks. Disputes for Fraud Once you have notified us of an alleged fraudulent transaction on a Card, we will promptly investigate your claim.
Unless we suspect a potential fraud on your part, we will immediately refund the claimed amount to you.
However, if UPayCard has evidence of a potential fraud on your part, prior to making a refund to you, we may ask you to provide us further information about the transaction for instance, to enable us to confirm that the transaction was properly authenticated.
You also affirm that you will cooperate with police or other governmental enforcement bodies if requested to do so.
Disputes for Incorrectly Executed Transactions We will promptly investigate your complaint and will immediately correct any error made by a merchant or by an ATM owner.
We will refund any incorrectly executed transaction immediately unless we have any reason to believe that the incident has been caused by a breach of this Agreement, gross negligence or we have reasonable grounds to suspect fraudulent activity.
If the investigations show that any disputed transaction was authorised by you, or you have acted fraudulently or with gross negligence, you may be liable any loss we suffer because of the use of the Card.
Other Disputes Except for disputes relating to Fraud or Incorrectly Executed Transactions, the following Terms apply.
If you notify UPayCard that you dispute a transaction and you have not first attempted to settle that dispute, we reserve the right to require you to first attempt to settle the dispute before we will take any action on your behalf.
You may claim a refund for a transaction that you authorised provided that: Your authorisation did not specify the exact amount when you consented to the transaction; The amount of the transaction exceeded the amount that you could reasonably have expected it to be taking into account your previous spending pattern on the Card, the Terms and Conditions and the circumstances of this case Such a refund must be requested from us within eight 8 weeks of the amount being deducted from a Card.
We may require you to provide us with evidence to substantiate your claim. We will, at minimum, but not be limited to: Require you to provide UPayCard written documentation of the nature of the desired Chargeback, and verify that you have attempted to resolve the dispute with the merchant; Return the disputed charge to the merchant if allowed by Mastercard regulations, 1 Place the funds in dispute in a safeguarded status until the dispute is settled through the Mastercard dispute management process.
The funds in dispute will not be available for your use until the dispute has been resolved in your favour. If the dispute is resolved in your favour, the funds will be released to you.
If you desire UPayCard to attempt to resolve a dispute with an ATM owner from whose ATM you have made a funds withdrawal with any of your Cards, we will, as a minimum, but not be limited to: 1 Require you to provide UPayCard with written documentation that you did not receive the funds from the ATM.
Generally, ATM disputes result from the ATM not delivering funds or delivering a smaller amount than you requested. These funds will not be available to you to spend until the dispute has been resolved in your favour.
If you are entitled to a refund for any reason for goods or services obtained with funds in your Account, you agree to accept credits to your Card as the only method of refund.
We accept no liability to ensure that goods or services that you purchase will meet your satisfaction. XV Loss of or Unauthorised Use of Your Card.
Should you desire we will send you a new Card by post at no cost to you and transfer all of your transaction history to your new Card.
UPayCard will, if required, also notify all relevant law enforcement and governmental agencies and regulators. XVI Complaints. A copy of our Complaints Procedure is available upon request.
UPayCard will try and resolve any complaint as soon as possible. Often however, the complaint will need to be investigated.
The FOS is an independent body. You can contact the FOS at Exchange Tower, London E14 9SR; telephone or Email: complaint.
In any case we will notify you of the final resolution of your complaint within eight 8 weeks after the date we receive your complaint.
XVII Questions Relating to Your Card. Information about your Account If you need more information about a transaction shown on your online Card statement, you may contact UPayCard via email at disputes upaycard.
When you contact UPayCard for more information about a particular transaction shown on your online Account statement, you must provide UPayCard the following information: Your name and the relevant Card number.
The name of the merchant or ATM owner as it appears in your online Card statement or on the receipt you received from your merchant or ATM transaction.
A description of the error or the transaction you are unsure about and an explanation of why you believe it is an error or why you need more information in order to identify the transaction.
The amount of the transaction in question The place, date and time of the transaction. Use of the UPayCard Web Site The UPayCard web site provides general information relating to your card.
The website has been translated using a generic translation tool. Due to the above, you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive.
XVIII Privacy, Cookies and Use of Your Personal Information. UPayCard Cards are issued by the Regulated Provider. This information will be used by UPayCard so that we may perform statistical research and analysis, compliance and regulatory reporting and administration in respect of the Card in accordance with the above.
You grant us a right to keep a record of the information referred to above for a period of five 5 years, unless such period is modified by the relevant authority.
If you want to receive details of those fraud prevention agencies from whom we obtain, and with whom we may record, information about you, please write to us at Legal Department legal upaycard.
You have a legal right to these details. We will only provide your registered users Personal Information to such persons or companies who agree to give your information the same level of protection as we are required to give it in Cyprus, and act solely on our instructions.
Such transfers abroad will only be for the purpose of preventing any fraudulent activity on your Card. We will only do so provided we are legally required to so and are assured that these organisations will give your information the same level of protection as we are required to give it in Cyprus.
You have a legal right to receive a copy of the information we hold about you by sending an email to legal upaycard. A Fee will be payable and will be disclosed to you prior to delivery of this information.
UPayCard utilises Cookies in our communications via our website with you. XIX Release from Third Party Liability.
Except as specifically provided in this Agreement, UPayCard will not be liable for any loss or liability resulting in whole or in part from any act or failure to act of your computer equipment or software, or that of an Internet service provider, an online service provider or an agent or subcontractor of any of them.
Further UPayCard will not be responsible nor liable for any indirect, special or consequential, economic or other damages arising in any way out of or related to the use of your Card s.
The total cumulative liability of UPayCard to you for any direct damages arising in any way out of or related to your use of your Card shall be limited to the total amount of funds on your Card at the time of the loss sustained by you.
XX Change of Terms, Notices. By entering into this Agreement and using your Card s , you agree to receive notice of changes or revisions to this Agreement electronically rather than on paper.
XXI Third-party providers. You can instruct a third-party provider to access information on your accounts or make payments from your accounts online as long as it is open and transparent about its identity and acts in line with the relevant regulatory requirements.
We will treat any instruction from a third-party provider as if it were from you. We may refuse to allow a third-party provider to access your account if we are concerned about unauthorised or fraudulent access by that third- party provider.
Before we do this we will tell you and explain our reasons for doing so, unless it is not reasonably practicable, in which case we will tell you immediately afterwards.
In either case, we will tell you in the way we consider most appropriate in the circumstances. But we won't tell you if doing so will compromise our reasonable security measures or otherwise be unlawful.
We may make available to a third-party provider a specific means of accessing your account. If we do, and it tries to access your account by a different way, we may refuse to allow that access.
If you think a payment may have been made incorrectly or is unauthorised, you must tell us as soon as possible even where you use a third-party provider.
XXII General Provisions. This Agreement is entered into in the country of Cyprus. This Agreement and any dispute between you and us arising out of or related hereto, except for allegations that you have infringed or have threatened to infringe our intellectual property rights, shall be exclusively governed by and subject to the laws Cyprus without regard to any principles of conflicts of laws thereof, whether or not your Account or any Cards associated therewith are used outside of Cyprus.
Venue for any suit or claim arising out of or related hereto, except for allegations that you have infringed or have threatened to infringe our intellectual property rights, shall exclusively be in the courts of Cyprus, and by entering into this Agreement you irrevocably consent to the personal jurisdiction of the courts of Cyprus.
If we allege that you have infringed or have threatened to infringe our intellectual property rights, then in addition to any other rights and remedies we may have, we may seek preliminary or permanent injunctive relief from any court of competent jurisdiction, and any such claims shall be governed by the laws of Cyprus, without regard for any principles of conflicts of laws thereof.
Any claim that you seek to initiate arising out of or related to this Agreement must be brought within one year of the event giving rise to the claim.
You may not assign your obligations under this Agreement. All Cards associated with your Account remain the property of our Regulated Provider; please see the back of your card to identify the Regulated Provider.
Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
UPayCard are not your agent, fiduciary, trustee or other representative. Nothing expressed in, mentioned in or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement.
This Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and UPayCard.
We do not give up our rights by delaying or failing to exercise them at any time. If any term of this Agreement is found by a court of competent jurisdiction to be illegal or not enforceable, all other Terms will remain in effect.
Your responsibility for fees and costs shall in no event exceed the maximum allowed by law. UPayCard will not be liable for the failure of us to perform any obligations under this Agreement due to events beyond our control and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events.
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