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 or any Cards associated therewith are 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.
All Cards associated with Your Account remain the property of the Bank. We may terminate Your right to use such Cards and/or Your Account at any time as provided as provided in this Agreement. You may cancel this Agreement by notifying Us as provided above in Part X. Your termination of this Agreement will not affect any of Our rights or Your obligations arising under this Agreement prior to termination. We reserve the right in Our absolute discretion to issue You a card from a different bank and move the funds from Your Card to this card. You will not be charged any additional fees for this new card and, at minimum, this card will provide You with all of the functionality on Your old Card.
Use of all Cards associated with Your Account is subject to all applicable rules and customs of any clearinghouse or other association involved in processing transactions.
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, Card Association 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, all Card(s) associated with 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, obtain an e-Wallet, a Virtual-Card, or purchase a Card, 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 Your Virtual-Card and/or Your Card and 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, and (if applicable) the Virtual-Card and the Card.