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 Terms and Conditions agreement ("Agreement" or “Terms” or “Terms and Conditions”) describes the terms and conditions governing the purchase and use of ’s, trading as UPayCard, (hereinafter the "Company") Products and Services. By purchasing, accepting or using any of the Company’s Products or Services, You agree to be bound by the Terms and Conditions contained in this Agreement, and as it may be amended from time to time. Also, You agree that You are bound by this Agreement if You use the Company’s Products or Services, whether You purchased the Company’s Products or Services from Company or from another party, or if You received the Company’s Products or Services from any other party. Please read this Agreement carefully and keep it for future reference.
I - Definitions
As used in this Agreement, the following terms have the following meanings. As used in these Terms, the singular shall include the plural, and the plural the singular. The masculine and neuter shall each include the masculine, feminine and neuter, as the context requires. 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 Account that is created at the time You signed up to be a Company Account Holder. Your Account will consist of one or more e-Wallets and may include additional Company Products, if purchased by You, or provided to you by another party and approved by the Company.
"Account Holder" means any entity or person who has an Account with the Company.
"Account-to-Account Service" or "A2A" means the Company Service that enables an Account Holder to make secure on-line payments and/or to transfer funds in his or her Account to another Account Holder electronically.
"ACH" and “Checks” and “Check-21” means a transfer of funds through the United States of America’s banking system, initiated by a Company Account Holder, to an Account at a bank in the United States of America.
"Sponsor Account" means a specific type of Business 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 Business Account on behalf of a third parties.
"Business Account" means an Account designated by Us that is governed by separate agreements between Us and the Business Account owner.
“Card Organization” means Visa, American Express and any other organization so designated by the Company, which provides their payment products to the Company for provision to its Account Holders.
"e-Wallet" means a virtual electronic purse provided to each Account Holder and may be denominated in different currencies at the Company’s sole discretion.
"Day" means the twenty-four (24) hour period running from 12:00 a.m. British Time on a calendar day to 12:00 a.m. British Time on the next calendar day, unless otherwise specified.
"High Risk Countries" means those countries designated by Us in Our sole and absolute discretion, which are listed on Our website. We reserve the right to add other countries to the list of High Risk Countries and if We do so, all rules in this Agreement pertaining to High Risk Countries will apply to those newly designated High Risk Countries. We also reserve the right to remove countries from the list of High Risk Countries, and if We do so, all rules in this Agreement pertaining to countries which are not designated High Risk Countries by Us will apply to the country that has been removed.
“Load Method” means all of the methods that the Company offers to enable You to load money from Your funds sources outside of the Company. 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.
“Products” means all Company tangible or intangible goods that are sold to the Company’s customers.
"Products and Services" means the Products and Services offered to Account Holders by the Company.
"Service" and/or "Services" means all Company functionality provided to You, including but not limited to the Account-to-Account Service.
"User ID" means the letters and characters chosen by an Account Holder, or assigned by the Company to identify an Account.
"UPayVerify" means Our proprietary identity authentication system.
"Visa" means Visa Incorporated and any of its regional organizations.
"We", "Us", and "Our" mean the Company, Our successors, affiliates and assigns.
“Withdrawal Method” means any of the methods offered by the Company, at our sole discretion, that allows Account Holders to move funds from their Account to an external Account.
"You" and "Your" means the entity or person who is purchasing, accepting or using the Company’s Products and/or Services.
II - Eligible Users
Our Products and Services are sold or provided only to individuals who are of legal age and who are capable of forming legally binding contracts under applicable law. We may, in Our sole discretion, at any time, refuse to allow You to purchase, fund or use any of the Company’s Products or Services.
III - Sponsored Accounts
"YOU" AND "YOUR" IN THIS PART IV REFERS TO THE SPONSORED ACCOUNT HOLDER, AND NOT THE PROVIDER/PURCHASER OF THE SPONSORED ACCOUNT.
A. Sponsored Account
Your Sponsored Account was created for You by a Sponsor Business Account. Your Sponsored Account includes one or more e-Wallets. The Sponsored Account is for Your personal use and can be used to purchase goods and/or services and make withdrawals at ATMs as provided in this Agreement. Your e-Wallet is subject to the terms and conditions of this Agreement described in this Section A.
- Account Purchases: The only Accounts You may purchase with Your Sponsored Account are Accounts by a A2A transfer of funds from one or more of Your e-Wallets.
- Loading of Funds: The initial load of funds to Your Sponsored Account was by an A2A transfer of funds from a Sponsor Business Account. Only funds from a Sponsor Business Account can be loaded onto Your Sponsored Account. All fund loads will be subject to all applicable fees as described on Our website.
- Transfers of Funds:
A2A Transfers. You may be required to wait three (3) days after You have received Your Sponsored Account before starting to make A2A transfers of funds. You may receive A2A transfers of funds from Sponsor Business Accounts, Standard Business Accounts, other Sponsored Accounts and Personal Accounts. You may transfer funds by A2A funds transfer only to other Sponsored Accounts and Personal Account.
Withdrawal of Funds. You may transfer funds from Your Sponsored Account to an external personal Account by any Withdrawal Method that the Company offers at that time, subject to the terms and conditions We have in effect at the time You request the transfer of funds. Some countries may not allow withdrawals of funds by a Withdrawal Method offered by the Company, and We have no control over the designation of those countries. You will not be allowed to make withdrawals to these countries by a Withdrawal Method offered by the Company that is allowed in other countries.
- Usage Limits: The Usage Limits for Your Sponsored Account are listed on Our website.
- Modification of Limits: Should You want to increase any of the above limits on Your Sponsored Account, You must provide a written request to Us. We reserve the right to approve or disapprove this limit change request at Our sole discretion.
- Acceptance of Terms and Conditions: Your first use of Your Sponsored Account is Your acceptance of the Terms of this Agreement.
IV - Personal Accounts
A. Personal Account
A Personal Account is an Account purchased by an individual not located in a High Risk Country for personal use, which may be used to purchase goods and services. Your Personal Account will consist of one or more e-Wallets and any other Product provided by the Company. Your Personal Account will be subject to the Terms of this Agreement described in this Section A.
- Account Purchases: Subject to the Terms of this Agreement, You may purchase and/or load other Personal Accounts by an A2A funds transfer using funds from one or more of Your e-Wallets.
- Loading of Funds: You may load funds onto Your Personal Account using any of the Load Methods
offered by the Company. Unless previously authorized by Us, the Load Method used to purchase
and/or load Your e-Wallet or Virtual-Card cannot be used to purchase and/or load any other
Account. We may require, at Our sole discretion that all purchase and funds load transactions
effected on one of the Company’s Load Methods be authenticated by one or more of the following
- UPayVerify; or
- Our manual process which will require You to provide certain personal documentation, such documentation to be determined solely by Us. All loaded funds will be loaded directly onto one of Your e-Wallets.
- Funds Transfers:
- A2A Transfers. You will be required to wait three (3) days after You have purchased Your Personal Account to make A2A transfers of funds to any other Personal Account, or Standard Affiliate Account.
- Withdrawal of Funds. You may transfer funds from Your Standard Personal Account to an external personal Account by any Withdrawal Method that the Company offers at that time, subject to the terms and conditions We have in effect at the time You request the transfer of funds. Some countries may not allow withdrawals of funds by a Withdrawal Method offered by the Company, and We have no control over the designation of those countries. You will not be allowed to make withdrawals to these countries by a Withdrawal Method offered by the Company that is allowed in other countries.
- Usage Limits: The Usage Limits for Your Personal Account are listed on Our website.
- Modification of Account Limits: Should You want to increase any of the above limits on Your Account, You will be required to provide additional personal documentation to Us as We may solely determine at the time of Your request. All limit increases will be subject to Our approval.
V - Protecting Your Account
Your Account information, including information regarding Your e-Wallet and Your Account User ID and password and Your Token Card, is important information which You agree to keep confidential in order to prevent others from using Your Account without Your authorization. Specifically, under this Agreement and for Your protection, You agree:
- not to disclose Your Account User ID or password or, if applicable, Your PIN, and Your Token Card or otherwise make these available to any other person. If You do make these available to any other person, You will be deemed to have authorized that person to use Your Account; and,
- not to disclose Your e-Wallet information or otherwise make these available to any other person, unless You intend to make a purchase from that person or authorize that person to use Your Account. If You do make these available to any other person, You will be deemed to have authorized a transaction from that person and/or to have authorized that person to use Your Account; and,
- to use Your e-Wallet, Account User ID and password only in a manner authorized under the Terms of this Agreement; and,
- to promptly notify Us of any loss, compromise or theft of Your Account, Your Virtual-Card and Card number(s), Security Code(s), Account User ID , password, Token Card; and,
- that You will be liable for all transactions made by a person You authorize or permit to use Your e-Wallet, Account User ID or password, Token Card and. If You permit someone else to use Your e-Wallet, Account User ID or password, Token Card, You will be responsible for all transactions made by that person with Your e-Wallet; and,
- that any unauthorized person who obtains access to Your Account User ID and password, token Card may use the funds in Your Account up to the full balance in Your Account, and in such event, in the absence of any intentional or grossly negligent act by Us or Our representatives, We will not be responsible for or liable to You for use of any such funds.
YOU WILL NEVER BE ASKED BY US, WHETHER BY VIA EMAIL, REGULAR MAIL OR TELEPHONE, FOR ANY REASON, TO DISCLOSE YOUR ACCOUNT PASSWORD, TOKEN CARD TOKENS OR PIN. INQUIRIES BY US ASKING YOU TO PROVIDE YOUR ACCOUNT PASSWORD AND/OR TOKEN CARD WILL ONLY BE CONDUCTED ONLINE AND AFTER YOU HAVE SIGNED ONTO THE COMPANY WEBSITE. WE WILL NEVER SEND YOU AN EMAIL REQUESTING THAT YOU ACCESS THE COMPANY WEBSITE BY CLICKING ON AN EMBEDDED LINK IN THE EMAIL AND THEN REQUIRE YOU TO PROVIDE YOUR ACCOUNT PASSWORD, TOKEN CARD TOKEN. IF YOU RECEIVE SUCH AN EMBEDDED LINK, YOU ARE CAUTIONED NOT TO OPEN IT! IT IS NOT FROM US AND IS LIKELY FRAUDULENT.
VI - Using Your Account
Each time You use Your Account, whether by using Your e-Wallet, or the Account-to-Account Service to make a purchase or transfer funds to another Account Holder, the amount of the transaction will be immediately deducted from Your Account balance. We will also deduct from Your Account balance all applicable Fees as specified below in Part XI. You are not allowed to exceed the funded balance in Your Account by any individual transaction or series of transactions.
Subject to the restrictions described in Parts IV through Part VI, You may add funds to Your Account by using any funding method that may be made available to You by Us. You may add funds by one of these methods to Your Account during relevant normal banking hours or twenty four (24) hours a day, seven (7) days a week, subject to any limitations We may place on Your Account, by going to Our website at www.upaycard.com. You are responsible for paying any applicable taxes on funds added to Your Account, which will be in addition to the Fees We may charge You as specified on Our website. Funds added to Your Account will become available for use immediately upon actual transfer subject to Parts IV.A.(3), IV.B.(3), V.A.(3), VI.A.(3), and VI.B.(3), except that funds added to Your Account by certain banking methods will not become available for Your use until the transfer clears Your bank or seven (7) business days, whichever is later. The minimum value that may be added to Your Account at any time is United States Dollars Fifty (US$50.00) or Euros Fifty (€50.00). We reserve the right, in Our sole discretion, to change the minimum value and to set and change a maximum value that may be added to Your Account at any given time and without notification to You.
VII - Account Renewal
Your Account will automatically renew every thirty six (36) months. We will notify You about the renewal of Your Account at least once prior to renewal. We will charge Your Account all applicable fees, as set forth on Our website, upon each annual anniversary and upon renewal of Your Account.
VIII - Closing Your Account
Should You wish to close Your Account, You may do so on written notice to Us, and on such notice, all transactions on Your Account must be cleared, which could take up to thirty five (35) days. Once You notify Us of Your intention to close Your Account, You may withdraw any remaining funds in Your Account by either: (a) using the funds in Your e-Wallet on any internet merchant that accepts payments where the Company logo is displayed. You may also receive any remaining funds in Your Account by providing Us with a photocopy of a current, valid government-issued ID with Your picture on it. We will then return to You any funds remaining in Your Account less a US$50 Funds Return Processing Fee which will be deducted from Your Account before such funds are returned to You. If, after You close Your Account, there are unused funds in Your Account, We reserve the right to charge Your closed Account with a Monthly Dormant Account Fee as described on Our website.
We reserve the right at Our sole discretion to block access to or to close Your Account if: (i) You load funds onto Your Account from any source that You do not have the legal right from which to transfer funds; (ii) You violate the Terms of this Agreement; or (iii) We are so directed by the order of a court of competent jurisdiction. Should We close or block access to Your Account for the reason identified in this Section B(i) and/or this Section B(ii), You immediately forfeit the remaining funds in Your Account.
IX - Fees
The following Fee types apply to Accounts. Your Account may or may not attract any or all of these Fees depending on your Account type and they type of the relevant transaction. We will deduct these Fees directly from Your Account, the value of which are specified on Our website. You hereby authorize Us to deduct the Fees from Your Account balance without prior notice. We retain the right in Our sole discretion to add new Fees, remove Fees and/or change these Fees at any time. Should We change these Fees, we will publish the change on Our website and by providing a fee-change message in your Account Message Center. Your first use of Your Account after we provide notice of a Fee change is Your agreement to accept the Fee change. Should You desire not to accept the Fee change published do not use Your Account. You may then cancel Your Account according to the Terms of this Agreement
Company Account Service Fees:
- Account Load/Re-load Service Fee.
- Transaction Return Service Fee.
- Account-to-Account Service Fee.
- Text Message Fee.
- Account Closing Service Fee.
- Funds Return Processing Fee.
- Monthly Dormant Account Processing Fee.
- Wire Transfer Fee.
- Sponsored Account Purchase Fee.
- Funds Transfer Fee.
- Direct Credit Transfer Fee.
- Currency Conversion Fee.
- International Service Assessment Fee.
We reserve the right to change, modify or increase the above Fees and/or Account Service Fees from time to time without notice. Any such changes, modifications or increases will be effective upon posting 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 close Your Account as provided above in Part X. Your first use of Our Products and Services following the posting of any changes or revisions to the Terms of this Agreement will constitute Your acceptance of all such changes or revisions.
If there are insufficient funds in Your Account 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 deduct such Fee when sufficient funds have been loaded onto Your Account. Unless otherwise expressly provided herein, no Fees hereunder are refundable at any time or for any reason.
X - Online Company Account Statement
A statement of the balance and activity on and the status of Your Account is available to You in electronic format for viewing online anytime at www.upaycard.com. You may review online at any time all transactions that have taken place in the previous thirty (30) days. If You no longer consent to receive Your online Account statement electronically, We reserve the right to terminate and/or close Your Account as provided above in Part X. You may also call Our Account Holder Services Center at at the contact details on Our website to obtain information on Your Account.
XI - Failure to Complete Transactions
We accept no liability for failing to complete any transaction for which You have not loaded sufficient funds onto Your Account. We are not responsible if You do not have enough funds in Your Account to complete a particular transaction. If a transaction is denied because of insufficient funds in Your Account, You may access Our online services by visiting Our website at www.upaycard.com and load additional funds into Your Account. The fee for loading additional funds into Your Account is listed above in Part XI. If You are uncertain as to the exact balance available in Your Account, please review Your online Account statement at www.upaycard.com , or call Our Account Holder Services Center at the contact details on Our website to verify Your Account balance prior to attempting to make a transaction.
XII - Questions Relating to Your Company Account, How to Dispute Errors
If You need more information about a transaction shown on Your online Account statement, or if You think there is an error on Your online Account statement, You may contact Us via email at email@example.com or call Our Account Holder Services Center at at the contact details on Our website. You may also write to Us at: UPayCard LTD, 410 Parkway House, Sheen Lane, London, SW13 8LS, United Kingdom.
When You contact Us for more information about a particular transaction shown on Your online Account statement, You must provide Us the following information:
- The name of the merchant as it appears in Your online Account statement.
- 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 US Dollar amount of the transaction in question
- The date of the transaction.
NEVER GIVE YOUR ACCOUNT PASSWORD TO ANYONE WHOM YOU DO NOT INTEND TO AUTHORIZE TO USE YOUR ACCOUNT.
We will promptly investigate Your complaint or question and will correct any error made by Us.
XIII - Dispute Resolutions
- A2A TRANSACTIONS ARE LIKE SENDING CASH. We are not liable for any A2A transaction unless it is determined in Our sole discretion that an error had been made by Our systems.
- If You believe that a problem has occurred with a A2A transaction that You originated, You must contact Us in writing no later than sixty (60) days after the transaction date.
- We will not be involved in A2A disputes due to non-receipt of or dissatisfaction with purchased merchandise / services unless We have determined, at Our sole discretion, that the recipient has demonstrated fraudulent use of A2A transactions. Should We determine that possible fraudulent use has occurred, We will investigate the transaction and attempt to recover the sender’s funds from the recipient. If We are able to recover the sender’s funds, We will credit the recovered funds back to the sender’s Account. If We are unable to recover the sender’s funds from the recipient, We assume no liability for the sender’s funds. The sender must resolve the dispute with the recipient.
- If the sender believes that he mistakenly sent funds to the wrong Account, We will inform the recipient that the funds were sent in error, and that a dispute has been received from the sender. Within forty eight (48) hours of notification to the recipient, if the recipient agrees that the A2A transaction was made in error, and the funds are still available in the recipient’s Account, We will refund the available funds to the sender. If no funds are available in the recipient’s Account, or the recipient disputes the sender's claim, We will not be further involved in resolving the dispute. The sender must resolve the dispute with the recipient.
- Should a recipient of a A2A transfer of funds notify Us of funds received in error, We will immediately refund the available funds to the sender.
- Should We determine in Our sole discretion that an Account Holder has received funds through fraudulent A2A transfers, We will attempt to recoup the funds and will refund all recovered funds to the recipients.
XIV - Privacy
XV - Release from Thirs Party Liability
- Except as specifically provided in this Agreement, neither We nor the Bank 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 Internet access provider, an online service provider or an agent or subcontractor of any of them. Further, neither We nor the Bank 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 Account.
- The total cumulative liability of Us and the Bank to You for any direct damages arising in any way out of or related to Your use of Your Account shall be limited to the total amount of funds in Your Account at the time of the loss sustained by You.
XVI - Change of Terms. Notices
Except as otherwise provided by law, We may at any time change the Terms of this Agreement or any policies or terms of service governing use of Your Account, including without limitation, changing or increasing fees. Any changes will be effective upon posting the changes or revisions on Our web site at www.upaycard.com . If You do not agree to the posted changes or revisions, You may terminate and/or close Your Account as provided above in Part X. Your first use of Our Products and Services following the posting of any changes or revisions to the terms of this Agreement will constitute Your acceptance of changes or revisions.
By entering into this Agreement and using Our Products and Services, You agree to receive notice of changes or revisions to this Agreement electronically rather than on paper.
XVII - General Provisions
This Agreement is entered into in the country of the United Kingdom ("United Kingdom"). 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 of the United Kingdom without regard to any principles of conflicts of laws thereof, whether or not Your Account is used outside of the United Kingdom. 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 the United Kingdom, and by entering into this Agreement You irrevocably consent to the personal jurisdiction of the courts of the United Kingdom. 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 the United Kingdom, 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.
We 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 Us.
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 must 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 We nor the Bank will be liable for the failure of Us or the Bank to perform any obligations under this Agreement due to events beyond Our control and/or the control of the Bank, 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 and/or the control of the Bank include, but are not limited to, acts of God, war, civil commotion, labor disputes, equipment failures, bank failures, strikes, fire, flood, earthquake or other casualty, shortages of labor 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 notice, if reasonably possible, effective upon the earlier of (i) the date upon which We are unable to provide Our customary services hereunder, or (ii) 30 days following notice.
If Our Products or Services or any Account are to be issued to or used by any business, We reserve the right to vary and/or add to these terms and conditions as We may in Our sole discretion consider appropriate. Any such variations to these term and conditions will be contained in the Business Account Agreement executed between Us and the business.
Your Account, the funds in Your Account and all of Our Products and Services shall not be used as payment for an illegal transaction or for any other illegal purpose. Should We suspect that Your Account, the funds in Your Account, any Card(s) associated with Your Account, or any of Our Products and Services have 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 Us are false, illegally obtained, fraudulent, or otherwise altered, then We shall have the right, in Our sole discretion, to terminate and/or close Your Account immediately, report any and all relevant or potentially relevant information to the appropriate governmental authorities, revoke any funds transfers made using Our A2A Service and recover any and all funds which were illegally or fraudulently obtained and/or used.
Company Electronic Disclosure Consent
You must read and agree to the following Company 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 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 terminate close Your Account. To withdraw Your consent, please contact Us by using Our online services at www.upaycard.com or call Us at at the contact details on Our website. Your Account will be subject to an Account Closing Service Fee as specified herein if Your Account is closed and there are unused funds in the Account.
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 the Account, including the e-Wallet.