Terms and Condition of Use
Online privacy is constantly evolving, and , trading as UPayCard ("UPayCard") a company that is organized in the United Kingdom, will take all commercially reasonable efforts to maintain up to date and effective online privacy standards and practices. We have linked every page of UPayCard's website ("Website") to this page for Your convenience and You may also contact UPayCard at legal@upaycard with any questions or concerns that You may have.
UPayCard is committed to respecting Your online privacy and recognizes Your need for appropriate protection and management of any personally identifiable information ("Personal Information") You share with us. Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home, credit card information, and Website usernames and passwords.
If You choose to provide UPayCard with Your Personal Information through its Website, or by facsimile, mail, or e-mail, UPayCard may transfer that Personal Information within UPayCard and transfer that Personal Information to UPayCard's Third Parties service providers, merchants with whom You have made transactions with for the purpose of assisting the merchant in resolving disputes across borders, and from Your country or jurisdiction to other countries or jurisdictions around the world.
UPayCard also collects government-issued identification numbers ("ID Numbers") to comply with existing Know Your Customer government regulations.
To protect Your privacy, UPayCard has adopted the following principles:
- Access / Accuracy
What is this document?
UPayCard is committed to safeguarding your privacy. We want you to know how we collect, use, share, and keep information about you and the choices that are available to you when you request our products or services.
In this privacy statement, we describe how UPayCard, in its capacity as the data controller, collects, uses, shares, and keeps information about you in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the General Data Protection Regulation). For the contact details of our Data Protection Officer, please see the “Query or Complaint” section.
From time to time, we may change this privacy statement. Depending on the nature of the change, we will inform you of any such change through our written communications with you or through our website, www.upaycard.com
This privacy statement describes how we (and our Service Providers) collect, use, share, and keep information about you. The types of information we collect will depend on which product or service you request or use. We collect Personal Information about you from:
- the application form for a card account and other documents you provide to us;
- when you request or utilise products, goods or services (e.g., use your card to make transactions with merchants, ATM operators, use concierge services or book travel);
- checks at credit reference agencies and fraud prevention agencies including personal and business records (if relevant) (for more information, please see the “Credit Reference Agencies and Fraud Prevention” section);
- you, through the way you communicate with us and use your account (e.g., telephone numbers provided during servicing calls);
- any research, surveys or competitions you enter or respond to or any marketing offers for which you register;
- third parties, such as in marketing lists which we lawfully obtain from Business Partners.
Use of Information
We use your Personal Information: (i) where it is necessary for the performance of a contract or compliance with a legal obligation (e.g., due diligence financial institutions are required to perform before approving card accounts); (ii) for our legitimate interests, such as to establish, exercise or defend legal claims, prevent fraud and/or enhance our products or services; or (iii) where we have obtained your consent, such as for marketing purposes. More specifically, we use your Personal Information to do the following:
- deliver products and services, including to:
- process applications for our products, including making decisions about whether to approve your application;
- administer and manage your account, such as whether to approve individual transactions;
- communicate with you through email, SMS or any other electronic methods about your accounts, products, and services and to update you about new features and benefits attached to the products or services that you requested;
- service and manage any benefits and insurance programmes provided along with the products or services that you requested;
- answer questions submitted to us by you and respond to your requests;
- advertise and market products and services for UPayCard and our Business Partners, including to:
- present content that is personalised in accordance with your preferences;
- help determine whether you may be interested in new products or services;
- communicate promotions and offers to you (by mail, e-mail, telephone, SMS, via the internet or using other electronic means) in relation to products and services that may interest you or which are similar to your existing UPayCard products and services;
- improve our products and services and conduct research and analysis, including to:
- better understand our customers, their needs, preferences and behaviours;
- analyse whether our ads, promotions and offers are effective;
- conduct testing (to ensure security and when we update our systems), data processing, website administration and information technology system support and development;
- allow you to give feedback by rating and reviewing our products and services and those of our Business Partners;
- produce data analytics, statistical research, and reports on an aggregated basis;
- monitor and/or record your telephone calls with us or our Service Providers to ensure consistent servicing levels (including staff training) and account operations;
- manage fraud, operational and security risks (using automated processes and/or manual reviews)
- review and approve individual transactions including those you make through digital channels;
- detect and prevent fraud or criminal activity;
- safeguard the security of your information;
- develop and refine our risk management policies, models and procedures for applications and customer accounts, relying upon information in your application or relating to your creditworthiness and account history (if applicable);
- comply with laws and regulations, including to establish, exercise or defend legal claims and assist in dispute resolution;
- process your application (or personalise your offers) for our products and services (using
automated processes and/or manual reviews) including to:
- help us better understand your financial circumstances and behaviour so that we can make decisions about how we manage your existing accounts and what other products or services can be extended to you;
- inform our collection practices and share information with credit reference agencies and fraud- management agencies (for more information, please see the “Credit Reference Agencies and Fraud Prevention” section).
- deliver products and services, including to:
We do not share your Personal Information with anyone except as described below. We will share your Personal Information only with your consent or as required or permitted by applicable law, such as with:
- credit reference agencies and similar institutions to report or ask about your financial circumstances, and to report debts you owe to us (for more information, please see the “Credit Reference Agencies and Fraud Prevention” section below);
- regulatory authorities, courts, and governmental agencies to comply with legal orders, legal or regulatory requirements, and law enforcement requests;
- collection agencies and external legal counsel to collect debts on your account;
- our Service Providers, regulatory authorities, law enforcement, governmental agencies and third parties such as your bank, building society or other payment card issuers;
- our Service Providers who perform services for us and help us manage your account and/or operate our business;
- Business Partners, including co-brand partners, to provide, deliver, offer, customise or develop products and services to you, either jointly or separately. We will not share your contact information with Business Partners for them to independently market their own products or services to you without your consent. However, we may send you offers on their behalf with your consent. Please note that if you take advantage of an offer provided by a Business Partner and become their customer, they may independently send communications to you. In this case, you will need to review their privacy statement and inform them separately if you wish to decline receiving future communications from them
Credit Reference Agencies and Fraud Prevention
We will exchange your Personal Information with credit reference agencies (CRAs) and fraud prevention agencies (FPAs). We may obtain Personal Information about you from these agencies including, where relevant, your spouse, and any business in which you are involved (including details of your co-directors or partners in business). For these purposes you may be treated as financially linked to such persons ("financial associates") and you will be assessed with reference to their "associated records". You must be sure that you have your financial associates’ agreement to disclose information about them.
When you apply
If you are a director of a business, we will seek confirmation from CRAs that the residential address that you provide is the same as that shown on the restricted register of directors’ usual addresses at Companies House. CRAs will record information about your business and its proprietors and may create a record of the name and address of your business and its proprietors if there is not one already.
During the lifetime of your account
We will continue to make searches at CRAs to assist in managing your account and this will include looking at the associated records of your financial associates. These searches will not be seen or used by other organisations to assess your ability to obtain credit. We will also carry out further credit checks whilst any money is owed by you on your account (including contacting your bank, building society or any referee approved by you).
We may tell CRAs the current balance on your account and we may tell them if you do not make payments when due. They will record this information on your personal and business credit files (as applicable) and it may be shared with other organisations for the purpose of assessing applications from you, and applications from any other party with a financial association with you, for credit or other facilities, for other risk management purposes and for preventing fraud and tracing debtors. Failure to make repayments may impair your credit rating. Records shared with CRAs remain on file for 6 years after they are closed whether settled by you or defaulted.
We will analyse your Personal Information to assist in managing your account and to prevent fraud or any other unlawful activity. We and other organisations may access and use your Personal Information to prevent fraud and money laundering.
We and other organisations may access and use from other countries the information recorded by FPAs.
For additional information about how CRAs gather and use your Personal Information, please review the Credit Reference Agency Information Notice (CRAIN) at www.callcredit.co.uk/crain. You are entitled to access your personal records held by credit and fraud prevention agencies. You can contact the CRAs currently operating in the UK; the information they hold may not be the same so it is worth contacting them all. They will charge you a small statutory fee.
- Call Credit, Consumer Services Team, PO Box 49, Leeds LS3 1WZ or call 0330 024 7574
- Equifax PLC, Credit File Advice Centre, PO Box 3001, Bradford BD1 5US or call 0800 014 2955 or log on to myequifax.co.uk
- Experian, Consumer Help Service, PO Box 8000, Nottingham NG80 7WF or call 0344 481 0800 or log on to experian.co.uk
Most browsers are initially set up to accept cookies. You can set Your browser to block cookies entirely, delete cookies when You leave the website, notify You when You receive a cookie giving You the chance to decide whether or not to accept it, or limit the subsequent retrieval of cookies by the website. In addition, there are number of privacy-enhancing tools and software that You may purchase that will enable You to identify and block cookies on a selective basis. Please note that for some websites that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those websites where cookies are not optional.
International Transfer of Data
We process, transfer and access your Personal Information through our systems in the UK and outside the European Economic Area (EEA), to operate our business, process transactions on foreign purchases, administer your account or provide products and services to you.
Regardless of where we process your information, we will take appropriate steps to ensure the adequate level of protection for your information in other countries outside the UK or EEA including the USA, where data protection laws may not be as comprehensive as the UK or EEA.
We use organisational, administrative, technical and physical security measures to safeguard your Personal Information and to help ensure that your information is processed promptly, accurately and completely. We require Service Providers to safeguard your Personal Information and only use your Personal Information for the purposes we specify.
Retention of Information
We will keep your Personal Information only as long as we need to deliver the products and services that you requested, unless we are required to keep it for longer periods because of law, regulation, litigation or regulatory investigation purposes. For example, your Personal Information will be stored by for 7 years after you close your account, due to Inland Revenue requirements. If your account is in default, and the balance remains unpaid or unsettled, in accordance with fair lending practices and our risk and debt recovery policies, this information could be retained by us for longer periods of time and considered if you choose to apply for products in the future.
When your Personal Information is no longer necessary for legal or regulatory needs, to administer your account or to deliver the products and services you have requested, we will take reasonable steps to securely destroy such information or permanently de-identify it.
Access to your Information
We encourage you to check regularly that all Personal Information held by us is accurate and up to date. If you believe that any information we hold about you is incorrect or incomplete, you may ask us to correct or remove this information from our records. We recommend that you go to www.upaycard.com, log in, and update your Personal Information.
You have the right to access, update, erase, change or correct your Personal Information. More specifically, you have the right to:
- withdraw your consent for our use of your Personal Information at any time, where our processing is based on your consent;
- restrict and/or object to the use of your Personal Information;
- request a manual review of certain automated processing activities where your rights are affected;
- request a copy of your Personal Information we have about you.
If you want to exercise any of your rights or if you have any questions about how we process your Personal Information , you can contact firstname.lastname@example.org.You also have the right to contact the Information Commissioner directly at www.ico.org.uk.
You can choose how you would like to receive marketing communications, including direct marketing - whether we send them to you through postal mail, email, SMS and/or telephone. If you wish to opt out of receiving marketing from UPayCard, we recommend you go to www.upaycard.com, log in, and update your privacy preferences. If you prefer, you can contact email@example.com. If you choose to not receive marketing communications from us, we will honour your choice.
Please be aware that if you choose not to receive such communications, certain offers attached to the products or services you have chosen could be affected.
We may contact you to ensure that the information we hold about your marketing preferences is up to date. Also, we will still communicate with you in connection with servicing your account, fulfilling your requests, or administering any promotion or program in which you have elected to participate.
Query or Complaint
If you have questions about this privacy statement or how your information is handled or wish to make a complaint or exercise your rights email firstname.lastname@example.org
(we, our, us) - UPayCard as identified at the beginning of this privacy statement.
Business Partners - third parties with whom we conduct business and have a contractual relationship, such as processors, suppliers, distribution partners, co-brand partners, insurance and travel service providers, and parties that accept branded cards for payments of goods/services purchased by you (i.e., merchants).
Personal Information – any information relating to an identified or identifiable natural person, such as name, addresses, telephone number, and email address and other information specific to that individual such as demographic details and transaction information.
Service Providers - any vendor, third party and/or company that provides services or performs business operations on our behalf, such as printing, mailing, and other communications services (email, direct mail, etc.), marketing, data processing and outsourced technology, servicing, collections, ad management, auditors, consultants and professional advisors.
UPAYCARD TERMS AND CONDITIONS
This Agreement ("Agreement" or “Terms” or “Terms and Conditions”) describes the terms and conditions governing the use of your Account, e-Wallet and UPayCard.
The Virtual Card and the Physical Card (both referred to as “Card”) are either issued by PSI-Pay Ltd or Moorwand. In all cases the electronic money on the Account accessed by the Card is issued by Moorwand
By purchasing, accepting or using a Virtual Card or a Physical-Card, you agree to be bound by the Terms and Conditions contained in this Agreement as it may be amended from time to time. You further agree that you are bound by this Agreement if you use any Card, whether you purchased it or it was received from UPayCard or from another party. Please read this Agreement carefully and keep it for future reference. The current version of these Terms and Conditions can be found on UPayCard’s website www.upaycard.com . You do not need to log onto your Account to view these Terms and Conditions.
I - Definitions
As used in this Agreement, the following terms have the following meanings. The singular shall include the plural, and the plural the singular. All captions are intended solely for convenience of reference and shall in no way limit any of the provisions of these Terms.
"Account" means the e-money and/or crypto currency account associated with your e-Wallet(s) and Card(s) that is created at the time you signed up to be a UPayCard Account Holder.
"Account Holder" means the person who has an Account with UPayCard.
"Account-to-Account Service" or "A2A" means the UPayCard Service that enables an Account Holder to make secure on-line payments and/or to transfer funds in their Account to another Account Holder electronically.
"ATM" means an automatic teller machine from which cash can be dispensed when you use your Card.
“Business Day(s)” means any weekday other than bank holidays in the United Kingdom.
“Card” and “Card” mean the Virtual Card and/or the Physical Card, which access your Account.
“Card Organisation” means Visa, Mastercard, Union Pay International and any other organisation so designated by us, which provides their payment products to Moorwand for provision to its Account Holders.
“Card Organisation Rules” means all applicable rules, regulations, procedures and other requirements issued by or formed in respect of a relevant Cards Organisation, as amended, replaced or supplemented from time to time;
"Card Service" and/or "Card Services" means all of the functionality on your Card, provided to you by us.
“Chargeback” means an amount representing the value of a Transaction which the Card issuer has refused to settle to the Acquiring Partner or in respect of which the issuer seeks reimbursement in accordance with the Card Scheme Rules;
“Cooling-Off-Period” means a period of fourteen (14) days, after which you obtained your Card and/or Account in which you can cancel your Card and/or Account without incurring a penalty or a Fee.
“Currency Conversion Fee” means the Fee which is charged to an Account when funds are moved from one currency to another within their e-Wallets whether fiat currency or cryptocurrency.
"Data Controller" has the meaning given to it under the Data Protection Law;
"Data Processor" has the meaning given to it under the Data Protection Law;
"Data Protection Law" means (as amended, superseded or replaced from time to time and to the extent applicable to a Party, its business or services or obligations under this Platform Services Agreement or the subject matter in question):
(i) the Data Protection Act 1998;
(ii) any legislation or regulations which implement Directive 95/46/EC;
(iii) Privacy and Electronic Communications (EC Directive) Regulations 2003;
(iv) the GDPR; and
(v) all legally binding guidance and codes of practice issued by any regulator with jurisdiction over the data processing arrangements contemplated in this Platform Services Agreement;
“EMV and EMV CHIP” means Europay, MasterCard, and Visa, and is the global standard for inter-operation of integrated circuit cards and capable point of sale terminals and automated teller machines, for authenticating credit and debit card transactions;
"e-Wallet" and “e-Wallet Account” means the electronic purse holding e-money or cryptocurrencies for each Account Holder and may be denominated in different fiat currencies and cryptocurrencies at our sole discretion.
“Fees” means those charges that may be applied to your Account to pay UPayCard for a transaction and/or an activity on your Account, e-Wallet or Card. These Fees can be found in Section IX - “Fees and Limits” of this Agreement, or which have been otherwise disclosed to you at the time you obtained your Card, or has been disclosed to you, with two (2) month’s notice, as having been modified by UPayCard.
“GDPR” means Regulation (EU) 2016/679, known as the General Data Protection Regulation;
“KeyCard” means the list of six digit authentication numbers that are referenced by a reference-number that can consist of one to three numbers followed by a “-“ and two alpha characters. This authentication number is required when you access your Account and when you access certain functions within your Account.
“Load Method” and “Loading Methods” means all of the methods that we offer to enable you to load money from your funds sources outside of Moorwand. These may include, but are not limited to, loads of funds by Credit Card/Debit Card purchases, transfers from your bank account and wire/telegraphic transfers.
“Merchant Account" means an Account designated by us that is governed by separate agreements between us and the Merchant Account owner.
“Message Centre” means the secure mailbox in your online Account to which UPayCard will deliver confidential messages regarding your Account and your Cards.
“Moorwand” means Moorwand Ltd, the issuer of Cards, starting with card numbers: 533219 & 534804, pursuant to a license from Mastercard and/or any cards issued persuant to a license from VISA and/or any cards issued persuant to a license from Union Pay International (as appropriate). Moorwand are regulated by the Financial Conduct Authority (“FCA”) under the Electronic Money Regulations 2011 (FCA register number 900709).
“Personal Data” has the meaning given to it under the Data Protection Law;
“Personal Information” means, but is not limited to the following: (1) your name and address; (2) your current government issued identification document with your picture; and (3) proof of your address; (4) all information we collect from your use of the Account, together with any other additional personal information we may require from you from time to time.
“PIN” means Personal Identification Number, the four (4) digit code provided to you for use when you use your Card at an ATM and at participating merchants.
“Products” means all UPayCard tangible or intangible goods that are sold to our customers.
"Products and Services" means the Products and Services including, for the avoidance of doubt, the Account and Card Services offered to Account Holders
"PSI" means PSI-Pay Ltd, the issuer of the Cards, starting with card numbers 529548, pursuant to a license from Mastercard. Registered Office: Afon Building, Worthing Road, Horsham, England RH12 1TL. Registered No. 5899168 authorised and regulated by the Financial Conduct Authority (“FCA”) under the Electronic Money Regulations 2011 (FCA register number 900011).
“Security Code” means the three (3) digit code that is provided to you in your Message Centre when you obtain a Virtual-Card, or is printed on the reverse of the Physical-Card.
"Service" and/or "Services" means all UPayCard functionality provided to you, including but not limited to the Account-to-Account Service.
"Sponsor Account" means a specific type of Merchant Account that is designated by us that is governed by separate agreements between us and the Sponsor Account owner.
"Sponsored Account" means an account purchased by a Merchant Account on behalf of a third party.
"User ID" means the letters and characters chosen by an Account Holder, or assigned by us, to identify an Account.
“UpayCard” is a trading style of QS Inpoint Consulting Ltd registered number HE 385328, registered office Archiepiskopou Markariou III, 128 JOC Business Centre, Kiti, 7550, Larnaca, Cyprus.
"UPayVerify" means our proprietary identity authentication system.
"Virtual Card" means a virtual prepaid Card, which is issued with no physical plastic card attached, for use at certain online and/or telephone/mail order merchants.
"we" and "our" and “us” means PSI and/or Moorwand and/or UPayCard, and/or our affiliates and assigns as appropriate.
“Withdrawal Method” means any of the methods offered by Moorwand, at our sole discretion, that allows Account Holders to move funds from their Account to an external account.
"you" , "your" and yours means the person who is purchasing, accepting or using Cards.
II - Eligible Users
The Products and Services described in this Agreement are only available to individuals who are over eighteen (18) years of age and have been approved in advance by us. We may, in our sole discretion, at any time, refuse to allow you to purchase, fund or use any of these Products and Services.
III - Products and Services
Your Account with us is set up by you completing an application process with us. An Account may also set up for you by another party. Your Account consists of one or more e-Wallets and any other Moorwand Product(s) purchased by or provided to you. You may access your Account using a unique User ID and password that you were asked to set up at the time you applied for or were provided your Account, and the designated authentication number from the KeyCard that was provided to you.
When you sign up for an Account, or when you received an Account from another party, we will provide one or more e-Wallets to you.
To use your e-Wallet, you must sign on to your Account by entering your User ID and password and the designated authentication number from your KeyCard. You can: (i) load funds onto your e-Wallet by loading methods provided by us; (ii) make Account-to-Account Transactions using your e-Wallet; (iii) move funds to another e-Wallet that is linked to your Account; and (iv) use funds from your e-Wallet to purchase other Products and Services provided by us. Additionally, you may withdraw funds from your e-Wallet to withdrawal mechanisms provided by us including, but not limited to, bank/wire transfers and country or region specific funds transfer mechanisms such as SEPA transactions in the European Union. These Services will be subject to all applicable Fees, as are posted on our website or as have been agreed by you when you received your Account, or as have been modified by us and agreed by you.
Your e-Wallets are designed to: (i) enhance security and maximize the protection of your funds; and (ii) facilitate the use of your funds within our environment. By keeping funds in one or more of your e-Wallets until you are ready to spend the funds, you can ensure that funds in your Account are safe in the event that your Card Organisation products are compromised or your Card is lost or stolen. Movement of funds between your e-Wallets and any other Moorwand Product that is linked to your Account is done in real time.
You must have a Account before you can obtain a Card.
If you have a current and valid Account and request a Card, such request is your active consent to us using the Personal Information and Account history that we have on file in your Account to determine if you are eligible to receive a Card.
Such consent shall also be consent to allow us to verify your Personal Information against private and governmental information sources to which we have access.
If we approve you to receive a Virtual Card, it will be provided to you as is described in Section IV.A below. If we approve you to receive a Physical Card, it will be provided to you via regular mail, or via private courier service if you so select in accordance with the terms in Section IV. B below.
As with obtaining your Account you can take advantage of the Cooling Off Period to cancel your Card.
IV - Card Products and Services
The Virtual Card
You may have purchased or have been provided one or more Virtual Cards. After you are approved for a Virtual Card, you will be notified by an email to your external email address that you provided to us, that you can access the Virtual Card number, Security Code, and the expiration date of your Virtual Card in the Message Centre of your Account. we will make this information available to you within twenty-four (24) hours after you being approved for your Virtual Card.
A Virtual Card is not a Physical Card.
Your Virtual Card holds its own e-money balance. You may fund your Virtual Card with the funds from any one of your e-Wallets. You may move funds from your Virtual Card back to your e-Wallet for extra security. Funds in your e-Wallets or on your Physical Card are not available when you use your Virtual Card until you have transferred the funds from your e-Wallets and/or your Physical Card to your Virtual Card. Funds that are on your Physical Card must be first transferred to one of your e-Wallet(s) and can then be transferred to your Virtual Card.
Your Virtual-Card can be used at any Internet website, telephone or mail order merchant that accepts the relevant Card Organisation cards unless that merchant or category of merchants has been blocked by us. Should we, in our absolute and unfettered discretion, choose to block usage of your Card at any merchant or merchant group, we will notify you two (2) months in advance, unless ordered to do so sooner by the relevant Card Organisation or a relevant governmental agency, at which time you may cancel your Card according to the conditions of Section VIII – “Cancelling your Card”.
To use your Virtual Card, provide the card number, the Security Code, if applicable, and the expiration date to the merchant. we reserve the right in our sole discretion to prohibit acceptance of your Virtual Card at certain merchants.
We neither accept nor assume any liability to ensure that goods or services that you purchase using your Virtual-Card are as advertised for sale or will meet your satisfaction.
You may have purchased a Physical Card at the time you obtained your Account, or at any time thereafter. Your Physical Card holds its own e-money balance. Funds that are in any of your e-Wallets or are on your Virtual Card are not available when you use your Physical Card until you have transferred the funds from one or more of your e-Wallets to your Physical Card. Funds that are on your Virtual Card must be first transferred to your e-Wallet and can then be transferred to your Physical Card.
If you are issued a Physical Card, UPayCard will mail your Physical Card to the address that was provided to us. Your Physical Card will be issued within five (5) Business Days after you being approved for the Physical Card. If you choose to have your Card delivered by private courier, you will be charged a Fee as is disclosed in Section IX - “Fees and Limits”.
Your Physical Card will display your name, a card number, a Security Code, and the expiration date of your Physical Card. Once you receive your Physical Card, you will be required to log onto UPayCard’s website at www.upaycard.com to authenticate yourself, activate your Physical Card and obtain your PIN. You may create your own PIN or one will be provided to you by UPayCard.
DO NOT KEEP A WRITTEN RECORD OF YOUR PIN.
Your Physical Card can be used at any merchant worldwide that accepts the relevant Card Organisation. Should we, in our absolute and unfettered discretion, choose to block usage of your Card at any merchant or merchant group, we will notify you two (2) months in advance, unless ordered to do so sooner by the relevant Card Organisation or a relevant governmental agency, at which time you may cancel your Card according to the conditions of Section VIII – “Cancelling your Card”.
You can use your Physical Card by: (1) inserting your Physical Card into a Point-of-Sale ( “POS”) terminal and entering your PIN into the POS terminal; (2) inserting your Physical Card into a POS terminal and signing the transaction receipt; and (3) swiping the magnetic stripe on your Physical Card through the card swipe mechanism on a POS terminal, and either entering your PIN on a PIN pad, or signing a transaction receipt.
Your Physical Card can also be used to withdraw available funds at any ATM which accepts the relevant Card Organisation cards by inserting your Physical Card into the ATM and entering your PIN
- We neither accept nor assume any liability to ensure that goods or services that you purchase using your Card are as advertised for sale or will meet your satisfaction.
- Your Cards are not credit cards. No interest will be paid on the funds you transfer onto or maintain on your cards and such funds are not insured by us or any government agency.
- Your Card is an Electronic Money ( “e-Money”) product and as such the UK FSCS Deposit Guarantee Scheme does not apply to your Cards. This means that in the unlikely event that UPayCard became insolvent, your Cards may become unusable and any funds associated with your Cards may be lost. Your first use of your Card and by entering into this Agreement you are indicating that you understand and accept these risks.
- As a responsible e-money issuer we take 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 our segregated Client account will be protected against claims by the bank and by any other creditors of UPayCard.
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. Specifically, under this Agreement and for your protection, you agree:
not to use your Card as a means of identifying yourself to any other person; and,
not to discuss your Card number(s) or Security Code(s) or PIN, or otherwise make these available to any other person, unless you intend to make a purchase from that person’s business and,
to use your Card only in a manner authorised under the Terms of this Agreement; and,
to promptly notify UPayCard of any loss, compromise or theft of your Card number(s), expiration date and/or PIN; and,
that any unauthorised person who obtains access to your Card information may use the funds on your Card up to the full balance on your Card, and in such event, your maximum liability is for the first €50 of losses arising from any unauthorised transactions that take place prior to your notifying us of loss, theft or misuse. You will not be held liable for any further losses once you have notified us of unauthorised 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 your card to protect your funds once you have advised us of any unauthorised transactions.
You will never be asked by UPayCard, whether by via email, regular mail or telephone, for any reason, to disclose your card’s pin. We will never send you an email requesting that you access upaycard’s website by clicking on an embedded link in the email and then require you to provide your card information or pin. If you receive such an embedded link, you are cautioned not to open it! It is not from UPayCard and is likely fraudulent.
You can check the Personal Information that UPayCard has on you by accessing your Account on UPayCard’s website. Please ensure that your 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 that you are still eligible to have a Card. If your new Personal Information prohibits you from having a Card UPayCard is required by law to immediately cancel your Card with no previous notice to you.
VI - Using Your Card
Each time you use your Card to make a purchase at a merchant, or ATM, the amount of the transaction will be immediately deducted from your available balance as applicable. we will also deduct from your available balance all applicable Fees as specified below in Section IX - “Fees and Limits”. You are not allowed to exceed the balance on your Card by any individual transaction or series of transactions with the transaction’s relevant Fees as are provided in Section IX - “Fees and Limits” and have been posted on UPayCard’s website and have been disclosed to and accepted by you.
VII - Virtual Card and Physical Card Renewal
Your Virtual Card is valid for thirty-six (36) months and will be automatically renewed. We will notify you about the renewal of your Virtual Card 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 - “Fees and Limits”, and have been posted on the UPayCard website, or have been disclosed to and accepted by you.
Your Physical Card is valid for thirty-six (36) months and will be automatically renewed. We will send you a replacement Physical Card at least one (1) month before the expiration of your 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. We will charge your Account all applicable Fees as are provided in Section IX - “Fees and Limits” and have been posted on UPayCard’s website and have been disclosed to and accepted by you.
VIII - Cancelling Your Virtual Card or Your Physical Card
You have a legal right to cancel your Card up to fourteen (14) days after you have applied and paid for your Card without being charged a fee. This fourteen (14) day period is known as the “Cooling-Off-Period”. If you have made transactions on your Card during this Cooling-Off-Period, you will be responsible for these transactions.
Should you wish to cancel your Card you may do so on written notice to UPayCard. Upon receipt of this notice, you may withdraw any remaining funds on your Card by: (1) using your Virtual Card to purchase goods or services at any Internet/mail/telephone merchant website that accepts Cards; (2) using your Physical Card to purchase goods or services at any merchant that has the ability to accept the relevant Card Organisation cards; (3) using your Physical Card to withdraw funds at an ATM which accepts Cards; or (4) transferring any of the remaining funds on your Card to your Account and request a redemption of your funds from your Account. Should you request a redemption of the remaining funds on your Card by transferring them to your Account, UPayCard will transfer your funds to your Account at no charge.
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 your Card if: (1) you load funds onto your Account and then move these funds to your 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 have had the opportunity to have purchased your Card on UPayCard’s website, or may have been provided your Card by a third party.
Should you have purchased your Card directly from UPayCard, the following Fees and Limits apply to your Card. For Cards obtained through another party, refer to the fees and limits provided to you upon your issuance of that Card. UPayCard may, in UPayCard’s sole discretion, modify these Fees. If UPayCard modifies these Fees, UPayCard will provide you with two (2) months’ notice of the Fee change and if you do not accept these Fee changes, you may cancel your Card according to the terms of Section VIII – “Cancelling your Card”.
You hereby authorise UPayCard to deduct the relevant Fees from your Account balance or your Card balance without prior notice. All of the Fees shown below are applied in Euros. Where relevant, should you incur any Fee or reach any of the limits due to transactions in a currency other than Euros, the Fee and/or Limit will be applied in the equivalent amount of the non-Euro currency used.
- Virtual Card Issuance Fee: - €5.00.
- Physical Card Issuance Fee: - €0.00.
- Physical Card Shipping and Handling Fee: - €9.95.
- ATM withdrawal Fee: - €3.50.
- ATM Balance Inquiry Fee: - €1.00.
- Foreign Exchange Fee Mark-up over the rate that Card Organisation applies to any currency conversion: - 3.0% (For example, you can access the Mastercard Currency Exchange Calculator on the Mastercard website at https://www.mastercard.co.uk/en-gb/consumers/get-support/convert-currency.html )
- Express Delivery of Physical Card Fee: - €60.00.
- Monthly Maintenance Card Fee: - €2.00 per month.
- Wire Transfer of funds: - €25.00 per outbound wire transfer.
The following limits apply:
- Maximum movement of funds from your e-Wallet to your Card per transaction: - €4,500.
- Maximum movement of funds from your e-Wallet to your Card per day: - €4,500.
- Maximum balance on your Card: - €20,000.
- Maximum number of loads to your Card per day: - 2.
- Maximum number of loads to your Card per month: - 50.
- Maximum POS spend per transaction: - €4,500.
- Maximum POS spend per day: - €9,000.
- Maximum number of POS transactions per day: - 10.
- Maximum POS spend per week: - €25,000.
- Maximum number of POS transactions per week: - 50.
- Maximum POS spend per month: - €100,000.
- Maximum number of POS transactions per month: - 100.
- Maximum ATM withdrawal per transaction: - €900.
- Maximum ATM withdrawal per day: - €900.
- Minimum ATM withdrawal per transaction: - €10.
- Maximum number of ATM transactions per day: - 2.
- Maximum number of ATM transactions per week: - 14.
- Maximum number of ATM transactions per month: - 25.
Should you have obtained your Card through a company who has a relationship with UPayCard, relevant Fees and Limits will have been provided to you, and you have agreed to these Fees and Limits prior to obtaining your Card. These Fees apply to your Card only at the time your obtained your Card. UPayCard may, in our sole discretion, modify these Fees. If we modify these Fees, UPayCard will provide you with two (2) months’ notice of the Fee change, should you not accept the Fee change, you may cancel your Card according to the terms of Section VIII – “Cancelling your Card”.
We will deduct these Fees directly from your Account or your Card
We reserve the right to change, modify, decrease, eliminate or increase the above Fees from time to time by providing you with two (2) months’ notice, by sending you an email to your external email address directing you to a message in your Account Message Centre detailing the changes. 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.upaycard.com . If you do not agree to the posted changes, modifications or increases, you may cancel your Card as provided above in Section VIII – “Cancelling your Card”. In this case, no cancellation or redemption fees will be charged.
If there are insufficient funds on your Card to satisfy any Fees at the time any such Fee is assessed, we reserve the right to place a pending charge on your Account and/or your Card and deduct such Fee when sufficient funds have been loaded onto your Account or your Card. Unless otherwise expressly provided herein, no Fees hereunder are refundable at any time or for any reason.
X - Authorisations
Each time that you use your Card the transaction will be electronically authorised to ensure that sufficient funds are available on your Card.
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 your 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 your 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 your 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. If you identify a charge on your Card that is significantly different than that to which you agreed at the time of the transaction, please immediately contact UPayCard’s Customer Service at the contact details provided on UPayCard’s website. We will treat this situation as a dispute and perform our obligations according to the Terms described in Section XIV – “Disputes, Returns, Refunds and Chargebacks”.
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 your Card. It also may automatically be authorised against your Card for One Hundred Euros (EUR100), provided you have at least One Hundred Euros (EUR100) on your Card. If you do not have EUR100 of available funds on your 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 your Card and the One Hundred Euros (EUR100) authorisation will be removed. If your 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 your Card, by making your purchase through the attendant at the petrol station.
Authorisations from a Restaurant
When you make a purchase at a restaurant, your transaction may be authorised for the amount of the purchase and any applicable taxes, plus twenty percent (20%) of the purchase value (Excess), provided you have such amount on your Card. When you complete your purchase, the actual value of your purchase (i.e. meal and any applicabletaxes, plus tip) will be debited from your Card and the prior authorisation will be removed from your Card at that time. If you do not have sufficient funds on your 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 your Card is available to you in electronic format for viewing online anytime on your UPayCard Account at . You may review online at any time all transactions that have taken place for the time periods being offered by UPayCard on your Card on UPayCard’s website. You may also download your Card balance and transaction history through the download options that we offer at the time you desire to download your Card activity.
You may also call UPayCard’s Account Holder Services Centre on the number shown on UPayCard’s website to obtain information on your Card.
XII - Failure to Complete Transactions
We accept no liability for failing to complete any transaction for which you have not loaded sufficient funds onto your Card. If a transaction is denied because of insufficient funds in your Card, you may access UPayCard’s online services by visiting UPayCard’s website at www.upaycard.com and transfer to your Card.
Neither UPayCard, Moorwand nor PSI will have any liability whatsoever for the failure of any merchant or ATM owner to accept or honour your Card.
XIII - International Transactions
A. Transactions on your Card
The exchange rate between the transaction currency and your billing currency that is used for processing international transactions is the Card Organisation rate applicable at the time the transaction is completed via the Card Organisation system plus UPayCard’s mark-up of that rate as is disclosed in these Terms and Conditions, Section IX - “Fees and Limits”.
For example details of the Mastercard foreign exchange rates can be found at: https://www.mastercard.co.uk/en-gb/consumers/get-support/convert-currency.html
XIV - Disputes, Returns, Refunds and Chargebacks
If at any time you become aware of an unauthorised transaction made using your Card you must notify UPayCard by calling the Customer Service number on UPayCard’s website immediately and without undue delay and, in any event, within thirteen (13) months of the date of the transaction. we reserve the right to refuse a refund under this Clause XV where you fail to notify us within thirteen (13) months of the date of the transaction.
Disputes for Fraud
Once you have notified us of an alleged fraudulent transaction on your 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.
Except for disputes relating to Fraud or Incorrectly Executed Transactions, the following Terms apply.
You agree to attempt to first settle all disputes, other than disputes for alleged fraud or incorrectly executed transactions as are described in Paragraphs A and B of this Section, concerning transactions you make using the funds in your Card with the merchant(s), and/or the ATM owner with whom you made those transactions. 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. If you want UPayCard to attempt to resolve the dispute (and providing you have first attempted to resolve the dispute yourself), we will attempt to resolve the dispute with the merchant(s), and/or ATM owner in accordance with the relevant European Union and/or Card Organisation regulations in force at the time of your transaction or dispute.
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; and
- 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 your 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 Card Organisation regulations,
- Place the funds in dispute in a safeguarded status until the dispute is settled through the Card Organisation 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 the dispute is resolved in the merchant’s or ATM owner’s favour the funds will be forwarded to such merchant or ATM owner.
If you desire UPayCard to attempt to resolve a dispute with an ATM owner from whose ATM you have made a funds withdrawal with your Card, we will, as a minimum, but not be limited to:
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. we may require you to provide additional information about the situation or take additional actions such as:
- Provide UPayCard with a copy of the ATM receipt(s) you received;
- Dispute the ATM transaction, if allowed, by Card Organisation regulations.
- Place the funds in dispute in a safeguarded status until the dispute is settled through the Card Organisation’s dispute management system.
- These funds will not be available to you to spend 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 the dispute is resolved in the ATM owner’s favour the funds will be forwarded to the ATM owner.
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.
You are responsible for all transactions made on your Card, except as otherwise provided in this Agreement and/or by relevant law. Should your Card reach a zero balance and still have further transations or fees outstanding due to delayed or erroneous posting of any transaction due to processing or operational errors, we reserve the absolute right to make a charge or charges to: (1) any other Cards that you may have with UPayCard; (2) any eWallet that you may have with UPayCard; (3) the loading payment mechanism that you used to fund your Account, and/or to any other Account that you many have with UPayCard in order to clear any such indebitness you have incurred and to ensure the Card does not exceed a zero balance.
XV - Loss of or Unauthorised Use of Your Card
If you believe that any of your Card(s) information has been lost or stolen, or that someone has used any of your Card(s) without your permission, notify UPayCard immediately by using UPayCard’s online services at www.upaycard.com . Once you notify UPayCard that any of your Card(s) have been lost or stolen, or that someone has used any of your Card(s) without your permission, we will, subject to the conditions noted in Section XIV – “Disputes, Returns, Refunds and Chargebacks”, immediately refund any fraudulent transactions that have taken place on your Card. we reserve the right to block or cancel your Card as provided above in Section VIII – “Cancelling 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. If this is the case, UPayCard will respond to you within one (1) Business Day after receipt of your complaint/dispute to acknowledge receipt of your complaint/dispute and inform you how long it might be before your complaint is resolved. If your complaint cannot be resolved, you may refer it to the Financial Ombudsman Service (the “FOS”). The FOS is an independent body. You can contact the FOS at Exchange Tower, London E14 9SR; telephone 0800 023 4567 or 0300 123 9123. Email: email@example.com . website: www.financial-ombudsman.org.uk .
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
A. 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 firstname.lastname@example.org or call UPayCard’s Account Holder Services Centre at +44 (0)20 81336271. You may also write to UPayCard at: UPayCard C/O Moorwand, 29th Floor, 30 St Mary’s Axe, London, EC3A 8BF, United Kingdom.
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 your 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.
B. 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, the Card Holder, 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
The UPayCard Mastercard Cards starting with number 529548 is issued by PSI-Pay Ltd. The UPayCard Mastercard Cards starting with numbers 533219 & 534804 and any VISA or Union Pay International cards are issued by Moorwand Ltd.
The Personal Information which we hold about you may be shared with and cross-checked by other businesses, fraud prevention or credit reference agencies, our suppliers, agents or subcontractors to: (1) verify your identity and/or address and/or other information provided to us by you; (2) trace debtors, recover debt; (3) to prevent fraud, money laundering and/or terrorist financing; (4) manage and administer your Card; and (5) perform our statistical analysis and market research.
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, UpayCard C/O Moorwand Ltd, 29th Floor, 30 St Mary’s Axe, London, EC3A 8BF , United Kingdom. You have a legal right to these details. We will only provide your 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 England and Wales, and act solely on our instructions. Such transfers abroad will only be for the purpose of preventing any fraudulent activity on your Card
From time to time we may be required by law enforcement and/or governmental regulatory agencies and/or a court of competent jurisdiction to provide them with information about you. 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 England and Wales.
You have a legal right to receive a copy of the information we hold about you by applying in writing to us at UpayCard C/O Moorwand Ltd, 29th Floor, 30 St Mary’s Axe, London, EC3A 8BF , United Kingdom. A Fee will be payable by you and will be disclosed to you prior to delivery of this information. The Fee will not exceed EUR Ten (€10.00) per request.
XIX - Release from Thirs Party Liability
Except as specifically provided in this Agreement, neither UPayCard, Moorwand nor PSI will 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, neither UPayCard nor PSI will be responsible or 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.
The total cumulative liability of UPayCard, Moorwand and PSI 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
Except as otherwise provided by law, and with at minimum, two (2) month’s prior notice to you, we may change the Terms of this Agreement or any policies or terms of service governing use of your Card, including without limitation, changing or increasing Fees. Any changes will be effective two (2) months after posting the changes or revisions on UPayCard’s web site at www.upaycard.com and providing you an email notification that the details of the change are posted in your Message Centre. If you do not agree to the posted changes or revisions, you may cancel your Card as provided above in Section VIII – “Cancelling your Card”.
By entering into this Agreement and using your Card, you agree to receive notice of changes or revisions to this Agreement electronically rather than on paper.
XXI - General Provisions
This Agreement is entered into in the country of England and Wales. 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 England and Wales without regard to any principles of conflicts of laws thereof, whether or not your Account or any Cards associated therewith are used outside of England. 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 England and Wales, and by entering into this Agreement you irrevocably consent to the personal jurisdiction of the courts of England and Wales. 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 England and Wales, 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. we may assign or delegate all or certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
All Cards associated with your Account remain the property of the issuer; please see the back of your card to identify the issuer. we may terminate your right to use such Cards and/or your Account at any time as provided for in this Agreement. You may cancel this Agreement by notifying UPayCard as provided above in Section VIII – “Cancelling your Card”. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Neither UPayCard, Moorwand nor PSI are 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. If we take legal action against you because of default in the terms of this Agreement, you agree to pay reasonable attorneys’ fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum allowed by law.
Neither UPayCard, Moorwand nor PSI will 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. Events beyond our control include, but are not limited to, acts of God, war, civil commotion, labour disputes, equipment failures, bank failures, card scheme failures, strikes, fire, flood, earthquake or other casualty, shortages of labour or material, government regulation or restriction, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, disruptions on account of or caused by vandalism, theft, phone service outages, Internet disruptions, viruses, and mechanical, power or communications failures. If, after the date of this Agreement, any law, regulation, rule, regulation or decision of or of any other funding method association, or ordinance, whether federal, state, or local, becomes effective which substantially alters our ability to perform services hereunder, we shall have the right to cancel this Agreement, with two (2) month’s notice to you.
Your Card(s) shall not be used as payment for an illegal transaction or for any other illegal purpose. Should we suspect that your Card, has been, are being, or may be used as payment for an illegal purchase or for any other illegal purpose, or we find or suspect that the government-issued IDs or other documents you have submitted to UPayCard are false, illegally obtained, fraudulent, or otherwise altered, then we shall have the right, in our sole discretion, to cancel your Card immediately, report any and all relevant or potentially relevant information to the appropriate governmental authorities and recover any and all funds which were illegally or fraudulently obtained and/or used.
UPayCard’s Electronic Disclosure Consent
You must read and agree to the following Electronic Disclosure Consent permitting us to send you important information relating to your Account electronically. When you have carefully read this disclosure, give your consent by selecting the "I agree" button at the bottom of the page. If you do not accept these Terms you will not be able to purchase a Card or have an Account, and you will be returned to our home page.
You have the right to withdraw this consent, but if you do, we will immediately cancel your Card and Account. To withdraw your consent, please contact UPayCard by using the online services at www.upaycard.com or call UPayCard on +44 (0)20 81336271.
By selecting "I Accept" below, I understand and affirm that:
- I am over the age of eighteen (18) years;
- I agree to the Terms and Conditions;
- I consent to receive disclosures in electronic form in connection with My use of My Card.