Legal Agreement for LeuPay Wallet
Last update: 23rd of December, 2016
1. Legal relationship and Service
1.1 This Agreement is between Satabank p.l.c. and Client. Satabank p.l.c. (referred to as "Satabank"), a credit institution existing under the laws of Malta, bearing registration number C66993, Malta, licensed as a Credit Institution under the Banking Act of Malta (the "Law") and is under the prudential supervision of the Malta Financial Services Authority (MFSA, mfsa.com.mt).
A copy of the Public Register of MFSA of licensed Credit Institutions can be seen at: http://www.mfsa.com.mt/pages/licenceholders.aspx, under License Holders.
Since the Service is related to issuing of e-money, which does not qualify as a deposit or an investment service in the sense of the Law, the Client is not protected by the Malta Depositor Compensation Scheme provided by the Depositor Compensation Scheme in Malta. Client is not be entitled to interest on the balance of e-money or money collected by Satabank that is kept by Satabank under this Agreement.
1.2 Summary of most important definitions (see below in Section 19 for other definitions):
"LeuPay Wallet" or the "Service" means a Mobile App for smart phones with Android operation system for instant chats, money transfers, contactless payments with the LeuPay Wallet App on NFC POS terminals, payments with cards on POS and Internet and cash withdrawal with Cards with to logo of the Card Organizations;
"LeuPay Wallet Chat" is part of the Mobile App that allows the Client to send instant messages, such as text, document, pictures, video and other supported files by the Service, to other users registered for the Service, as well as to encrypt communication with other registered users;
"LeuPay Wallet Cash" means electronic money (monetary value) issued by Satabank on receipt of funds, registered in electronic form in Satabank Register of e-money in Satabank IT System and indicated as a Balance or Cash, which represents a claim of the Client against Satabank for redemption and is accepted as means of payment by persons other than Satabank. The Client can send and receive e-money via the Mobile App and can redeem the cash via LeuPay Wallet Card;
"LeuPay Wallet Card" or "Card" and "Additional card" is a payment instrument, linked to the cash (e-money) of the Client, personalized with security characteristics and used according to the Card Organizations Rules.
1.3 Client acknowledges and agrees that a condition for registering for the service is to fulfil the following steps:
(i) Downloading the Mobile App or downloading a link for the App, officially published by Satabank and agreeing with the Mobile App Agreement;
(ii) Registering for the Service via the Mobile App with entry of valid and true data, such as names of Client, Country of residence, mobile phone number that will be used by the Service, principle currency of the e-money account and other, as required by Satabank;
(iii) Verifying the mobile phone number for the Service as indicated by Satabank;
(iv) Chosing and entering secret code, which is required for using of the Service;
(v) To use the Contactless payment functionality Client must install LeuPay Wallet App on a smartphone which is NFC enabled, (except for iOS phones, where only contactless payment is not offered currently).
1.4 Use of the Service is subject to the Agreement. The Agreement will be effective from the date of its acceptance by Client ("Effective Date"). Client can accept the Agreement by clicking to Accept or Agree to the Terms and Conditions of use, where this option is made available to Client by Satabank via the Mobile Application for the Service. This action represents an advanced digital signature made by Client and therefore the electronic document of the Agreement is deemed as duly signed by Client.
1.5 A link of the Agreement will be provided to Client in the Mobile App from where the Client may download the Agreement in printable form during or immediately after the sign-up process. A copy of the Agreement, as amended from time to time, is available to Client in the Mobile App. Client may request to be provided with a copy of the Agreement, and a link to the Agreement will be sent to Client email address for printing.
1.6 The Agreement and all communication with Client will be in English language. Where Satabank has provided Client with a translation of the English-language version of the Agreement or communication, Client agrees that the translation is provided only for Client convenience and that the English-language versions of the Agreement and communication will govern the relationship with Satabank. If there is any contradiction between the English-language version and a translation, the English-language version takes precedence.
1.7 Client declares that Client is registering for the Service on Client’s behalf only and that Client is not acting on behalf or on account of third party.
2. Eligibility. Types of Accounts and Cards:
2.1 To be eligible for the Services, Client must (i) have full legal capacity to enter into a contract; and (ii) not be present on any black list or sanctions lists, related to AML/FT purposes, officially published and notified by Regulators or black lists of card fraudsters of Satabank or Card Organizations.
2.2 Basic account: Customers enrolling for the Services will initially be registered for Basic account. The spending limits on the basic accounts are set out in the Tariff and are imposed for regulatory reasons. To change the limits and obtain verified status and Standard account Client must follow the verification procedure as it is provided by the Service.
2.3 Verified status and Standard account. Clients who have successfully completed the verification procedure may be eligible for Standard account.
For customer verification, Client has (i) to upload ePassport (scan international passport only; no other ID documents are accepted for this Service) and (ii) to order LeuPay Wallet Card to Client’s address and activate the card via the registered mobile phone. Satabank may require at any time additional information as a condition of continued use of the Service or to assist in determining whether to permit Client to continue to use the Service. Client agrees to provide such information without delay, as Satabank may require in this regard. Satabank may from time to time, make available to Client other methods or procedures for customer verification.
2.4 The funding, sending and receiving limits of basic and standard account can be viewed in the Mobile App.
2.5 For regulatory, risk and security reasons Satabank may impose or change the limits unilaterally and without the consent of Client, for which Satabank shall inform the Client with a notification via the LeuPay Wallet Chat unless Satabank is not permitted by law to notify Client in certain cases. Satabank is entitled at its sole discretion to decide whether to change the limits after a customer request for change of limits and Satabank shall not be liable in case of decline of request.
2.6 Upon registration for the Service and during this Agreement, Client must provide current, complete and accurate information by personalizing his/her LeuPay Wallet Profile, as requested by Satabank and maintain that information as current and accurate during use of the Service. Client acknowledges and gives consent to Satabank to have access to the contact list/address book in the Client’s smart phone in order to find, keep track and use of the mobile phone numbers of other users of the Service. In case of any changes in information provided by Client, Client agrees to update the information in the online account without delay.
2.7 The physical card is sent to the address of the Client and has to be activated via the mobile phone of the Client registered for the Service as a part of the verification of the Client.
3. Funding of account and Receipt of money: Client may purchase or receive e-money in the following ways, as allowed by the Service.
3.1 Funding with a stored card:
3.1.1 Client may decide to register a valid card (stored card), of which Client is authorized holder, which will be used to fund the purchase of e-money for the Service. Purchase of e-money via stored card may be for amount defined by Client or for the amount determined by Satabank, necessary for crediting of Client’s account, in order to complete a payment transaction or charge Client as per this Agreement. By adding a stored card Client consents to use the stored card for funding transactions, that the funding transactions in compliance with this Agreement can no longer be revoked and that Satabank may check if the stored card is in good standing with the issuing institution or Operator, including, but not limited via procedure for verification of a stored card or in other ways. The limits for funding via stored card are set out in the Mobile App. Client may change the limits, as allowed by the Service, by completing successfully the procedure for verification of stored card, available in the online account of Client.
3.1.2 Satabank will store information which Client provides, such as stored card details, and will process funding transactions through the appropriate Card Organization. Client agrees that the stored card details will be used by Satabank to debit or charge the stored card for the purchase of e-money and/or processing of a funding, including all related fees, as applicable.
3.1.3 If Client chooses to register multiple stored cards (not more than two Stored cards), Client must select from which Stored Card will the funding transactions be executed.
3.2 Funding via bank transfer: Client can order a credit transfer from a bank account to the IBAN for funding of LeuPay Wallet Account, provided by Satabank. Upon receipt of the amount of the transfer by Satabank, Satabank will issue electronic money in the same amount and in the currency of the LeuPay Wallet account and in the same business day as the date of receipt of the funds by Satabank. Satabank is not responsible for and does not control when Satabank will receive the funds from Client’s payment services provider and whether the payment services provider of Client or correspondent banks will charge Client fees for the transfer and will transfer the full amount to Satabank.
3.3 In order to receive the amount in the account, Client must provide the correct number of Client’s account and/or correct IBAN, as well as other beneficiary account details, as stated in the LeuPay Wallet App. The limits for funding via bank transfer are set out in the LeuPay Wallet account. Client may change the limits for Basic account by completing successfully the procedure for customer verification and upgrade to Standard account or other procedure, as may be requested by Satabank.
3.4 Client agrees that Satabank may impose different limitations on amounts of purchased e-money, or special requirements, or not accept bank transfer from certain banks, upon discretion of Satabank.
3.5 Funding transactions with some funding methods may be rejected or limited by Satabank for regulatory reasons (AML/FT), risk and security or in order to avoid conflict between various Services by Satabank or on other grounds, or may be rejected or delayed, for reasons beyond Satabank control. Satabank does not guarantee the acceptance of any particular funding method, and may make changes or discontinue the acceptance of any particular funding method at any time and without prior notice to Client, for which Satabank is not liable.
3.6 Client agrees that Client cannot make a successful Chargeback after a funding transaction, on the ground "goods not delivered or similar", as the purchased e-money (purchased goods) is issued (delivered) by Satabank upon receipt of funds.
3.7 Receipt of money: Client’s LeuPay Wallet account may be funded with e-money by receiving transfer from another user registered for LeuPay Wallet Service. In order to receive e-money from another user registered for LeuPay Wallet Service, the Client has to be in the phone contact list and LeuPay Wallet Chat of the other user.
3.8 Budget: Client may set a Budget via the Service – a fixed amount of e-money, within the limits of the Service, which is debited from the funding instrument (funding card or other) and is credited as e-money in the wallet, and is available at a certain period of time, such as daily, weekly or monthly. Client may use or spend this amount and the other e-money balance. This amount may be subject to a blocking or hold by Satabank, in the same way and on the same grounds, as the e-money. Client understands and agrees that by authorizing the first funding of the wallet for replenishing the fixed budget amount, Client expresses an authorization for recurring transactions with the funding instrument and in this regard, Client is not entitled to a charge-back or reversal for unauthorized transactions. Client may edit or suspend the Budget at any time via the Service.
4. Send and Request money via LeuPay Wallet Service:
4.1 Client may send e-money via the Service to other users, registered for LeuPay Wallet Service. In order to send money via the Service Client must use the correct mobile phone number of the user, registered for the Service (recipient). Client understands and accepts that LeuPay Wallet Service does not allow Sending money to persons that are not registered for the Service.
4.2 Client is fully liable for sending correct submissions via the send money functionality of LeuPay Wallet Service. By clicking the button "Send Money" or similar in the Mobile App and after entry of the secret code when requested by the Service, Client confirms that Client is making confirmed and irrevocable payment order to Satabank to execute the payment order and debit Client’s cash with the amount of the transfer, and all applicable fees (if any). Confirmed order, received by Satabank, cannot be revoked by Client.
4.3 Satabank shall execute the authorized payment order of Client, provided that Client has enough cash (e-money) to cover the amount of the transfer and the applicable fees (if any). Satabank may refuse to execute a specific transaction if there is not enough balance of e-money or Satabank reasonably believes that the payment order is made by unauthorized person or transaction is fraudulent, illegal or in breach of the present Agreement or any law or regulation.
4.4 The deadline for Satabank to send money to another LeuPay Wallet Client is within the same day as of the date of placement of correct payment order.
4.5 Additional services: The Client is able if the Client wishes to buy special design electronic cheques via LeuPay Wallet App and use them as a customized design of the payment order to send money to other users registered for the Service. The price and the number of the special design electronic cheques is posted in the LeuPay Wallet App and the Client has to pay the price with the cash in the LeuPay Wallet account. The Client is not entitled to return or refund of the price in case the Client does not use the purchased special design electronic cheques or for other reasons. Once the Client uses all numbers of special design electronic cheques from one set, the Client is no longer able to use this set and is able to either use the standard design electronic cheques or buy a new set of special design electronic cheques.
4.6 Money Request:
(i) Client may request to receive an amount of e-money from another user, registered for LeuPay Wallet Service by submitting a request via LeuPay Wallet Service and specifying the requested amount of e-money. Client acknowledges and agrees that the user of LeuPay Wallet Service who receives the Money Request has full discretion whether to accept or decline the request and Satabank is not liable in any way for acceptance or decline of the request. Satabank is also not liable in case the other user cannot perform the money send operation due to the status of his/her LeuPay Wallet account (limits of account exceeded or status blocked or similar);
(ii) Satabank may block the functionality money request in part or wholly, with regard to all customers or group of customers or individually, in case of users’ complaints or other serious reasons;
5. Payment transactions with LeuPay Wallet Cards or with balance of e-money:
5.1 Payments with cards:
(a) NFC (contactless) card: Upon registration for the Service Client may make Contactless payments with the cash in Client’s account using an NFC enabled phone, on which the app for the Service is successfully installed (except for the cases where the Service is accessed via an iOS device).
(b) Virtual card: Moreover, Client is able to make payments in Internet with the virtual card, accessible via LeuPay Wallet Service. Client with verified status is entitled to request and receive additional virtual cards via the Service, as well as to replace a virtual card that is about to expire via the Service or delete (remove and deactivate) a virtual card, if the card has been compromised or Client no longer wants to use it. The main virtual card is free of charge. The additional virtual cards are subject to a fee, stated in the Tariff, charged by Satabank from the balance of e-money in the wallet of the Client. The virtual cards are issued in the currency of the wallet and have a 1-year validity.
(c) Plastic card: The physical LeuPay Wallet Card for POS and Internet purchases and ATM cash withdrawals is not issued automatically and must be ordered by the Client via the LeuPay Wallet App, and Satabank may charge issuing fee for it. The Card is issued in the currency of the LeuPay Wallet account. The Card may be used only by the cardholder and only after its activation, as instructed by Satabank.
5.2 The payment order executed with Card will be received by Satabank in electronic form. The Client’s consent for execution of the payment transaction with Card becomes irrevocable when Client presents the Card/LeuPay Wallet App for execution of the transaction and:
(a) the chip or the magnetic stripe of Card or NFC built chip is read by the ATM or POS device and/or a valid PIN is entered (except for contactless payments of small amounts) and/or Client or authorized cardholder signs the receipt from the device; or
(b) by giving the Card or entering it into a terminal and reading of its chip on a self-service terminal; or
(c) by entering the data of Card, such as the 16-digits number, validity date or CVC2 code in the Internet; or
(d) by providing the card data (number, validity, CVC2) to the provider of goods or services and authorizing him to use it for payment of the respective service by fax, telephone or other communication device. In case of contactless payments via the LeuPay Wallet Service of small amounts for which entry of PIN is not required as per the Rules of the Card Organizations, the Client’s consent for execution of the payment transaction with the contactless functionality becomes irrevocable when Client presents the phones to the NFC enabled POS and enters the PIN for the LeuPay Wallet App.
5.3 Card, which has been personalized with the names of a cardholder, must be used only by the cardholder to whom the Card is issued. Card, which has not been personalized with names of cardholder (if offered by the Service), may be used by Client or third parties, to whom Client provides or makes available the Card for which Client is fully responsible. The Card is linked to the account of Client, who has ordered or activated the Card, and provides access to e-money in Client’s account, unless otherwise agreed with Client.
5.4 The spending limits with Cards or via Contactless Payments are set out in the Tariff. To minimize the risk from losses and/or unauthorized transactions, Client may set even more strict spending limits via the Mobile App and manage the security characteristics of the payment instruments, as allowed by the Service, via the Mobile App. Requests for blocking and unblocking of Cards may be made by the Client (main cardholder).
6. Refusal, reversal of unauthorized transaction and reversal of incorrect payment orders:
6.1 Where Satabank refuses to execute a payment order, the refusal and, if possible, the reasons for it as well as the procedure for correcting any factual mistakes that led to the refusal shall be notified to Client, unless prohibited by other relevant EU or national legislation. Satabank shall provide notification to Client via Mobile App at the earliest opportunity. Satabank may charge a fee for providing additional information for such a notification if the refusal is objectively justified.
6.2 The Client is obliged to notify Satabank immediately and without delay in case of loss, theft, misappropriation or unauthorised use of Identifying Credentials and/or Card/s and to take all preventive and security measures as allowed by the Service or Satabank to limit the risks and damages. Client who is not a Consumer cannot claim that a transaction is not authorized, because of lack of Client consent for the transaction.
6.3 Client agrees that Satabank may not be always able to reverse the amount of unauthorized transaction in cases, where the deadlines for chargeback before the Card Organizations have expired or in other cases according to the rules of the respective Card Organization, in which cases Satabank shall not compensation to Client.
6.4 When Client receives a payment, Client is liable to Satabank for the full amount of the payment plus any Fees if the payment is later invalidated for any reason. In addition to any other liability, if there is a Reversal, or if Client loses a Chargeback or Claim, Client will owe to Satabank an amount equal to the Reversal, Chargeback or Claim and applicable fee as per the Tariff and other charges related to the Reversal, Chargeback or Claim. Satabank may debit Client’s account to recover any amounts and fees, due by Client in connection to Reversal, or Chargeback or Claim or Reserve, immediately and without prior notice.
6.5 Client agrees that in case a payment transaction is not approved for some reason or Merchant wishes to refund full or partial amount, than the following rules shall apply:
(i) Reversal or refund of full amount of transaction – the amount of the transaction is refunded in the original type of currency; or
(ii) Partial reversal or refund of amount of transaction – the amount subject to reversal or refund is refunded in the currency of the transaction; or
(iii) If payment has been made with Card via debiting of linked Funding Instrument - the amount subject to reversal or refund is refunded in the currency of Card; or
(iv) If payment has been made with e-money via debiting of linked Funding Instrument - the amount subject to reversal or refund is refunded to Funding instrument if possible, or if not possible is refunded in Client’s account in the currency of the transaction.
6.6 Other rules for use of the Service:
6.6.1 Without prejudice to the above, Client agrees and acknowledges that the reporting and payment of any applicable taxes arising from use of the Service and which by law are obligations of Client, is Client’s exclusive responsibility and liability. Client hereby agrees to comply with any and all applicable tax laws.
6.6.2 Client acknowledges and agrees that:
(a) The sales of Goods and Services, including but not limited to top-up of prepaid or similar services, are transactions between the Merchant and Client and not with Satabank, or any Branches, Agents or affiliates of Satabank. Satabank is not liable for the performance of obligation of Merchants.
6.6.3 Satabank provides to Client information on balance/s, IBAN numbers and other unique account identifiers, information on transactions, history of transactions, status of account, status of other payment instruments, status of Client from customer verification point of view, notifications to Client and other important information via the LeuPay Wallet Mobile App.
6.6.4 Client will be able to view Client transactions free of charge in the transaction history, which is updated regularly, and Client agrees not to receive paper statements. Upon Client request Satabank may, at Satabank discretion, provide Client with additional statements, paper or otherwise, of the transactions but in this case Satabank may charge Client a reasonable administration fee. Satabank may charge Client a fee for other information services, different from the standard information services, provided via the Service or additional services provided by Satabank, as provided in the Tariff.
7. Payment instruments security features. Security measures and Safety Requirements:
7.1 Satabank has provided to Client personalized security features for using all payment instruments, included in the Service, such as, but not limited to secret code for access to the LeuPay Wallet App, secret code for confirmation of payment orders, embossed number of the card, PIN, CVC/CVV or similar code of the card and others, which are necessary tools for preserving the security of the payment instruments of Client. Satabank will make sure that the personalised security features of the payment instruments are not accessible to parties other than the Client or user entitled to use the payment instrument, without prejudice to the obligations on Client.
7.2 Client is able to control the security of the payment instruments, by enabling or disabling them for certain transactions, such as Internet transactions, ATM cash withdrawal or other, receipt of SMS after each transaction with Card, and imposing limits, which are more stringent than Satabank’s default spending limits via the LeuPay Wallet Mobile App. Client agrees to use these security control mechanisms available via the Service in order to minimize the risks of unauthorized access to Client’s account and unauthorized transactions. Client must use the functionalities of the Service for disabling cards for Internet transactions and cash withdrawals only with one click and enabling such Internet transactions or cash withdrawals only when Client wishes to make such transactions.
7.3 Client agrees to use the Client’s credentials, such as username and password and other personalized security features for Client’s payment instruments only in accordance with this Agreement and with the law. Client must not provide and must not allow disclosure of the personalized security features to a third party even where the Card or payment instrument is PIN based, because even in this case Card or payment instrument can be comprised and result in unauthorized transactions, for which Client is fully liable. The breach of this obligation is breach of Client’s obligation for protection of personalized security characteristics of payment instrument and Client will be fully liable for unauthorized transactions as a result of Client’s breach of this obligation willfully or with gross negligence.
7.4 Client acknowledges and agrees that all Cards linked to Client’s LeuPay Wallet account are providing access to the e-money in Client’s account and Client shall be liable for all transactions and charges arising of the use of Cards, associated with Client’s account.
7.5 If Client believes that Client’s account or other payment instruments have been used in an unauthorised manner or in case of unauthorized transactions, Client has to contact Satabank without undue delay. Client agrees to notify Satabank via the Contact Center or via e-mail, immediately and without delay in case of loss, theft, misappropriation or unauthorised use of credentials and/or personalized security features and/or payment instruments, including, but not limited to Cards, and to take all preventive and security measures as allowed by the Service, including to disable the compromised payment instruments via the Service, or allow Satabank to do it and limit the risks of unauthorized transactions and damages. Client also agrees to notify Satabank without undue delay and in the same manner of any other breach of security regarding the Service of which Client has knowledge.
7.6 Satabank may suspend the use of the Service in part of wholly, including block the Card/s or the Contactless Payments, or account, where it suspects that their security may have been compromised or that unauthorised or fraudulent use has taken place. Satabank will inform Client in advance or, if that is not possible, immediately after, of the suspension of the use of the Service, specifying the reasons for the suspension, unless such provision of information would compromise reasonable security measures or be otherwise unlawful. Satabank will provide the Service or replacement credentials or personalized security characteristics to Client, as soon as practicable after the reasons for the suspension cease to exist and on condition that Client has performed all obligations towards Satabank.
8. Protection of Client personal information and Bank Secrecy:
8.2 Bank Secrecy: Satabank is bound, in accordance with the laws of Malta, to observe secrecy and confidentiality with regards to all information which Client discloses to the Bank about the Client ("Secret Information"). However, Satabank is authorized by the laws of Malta to disclose Secret Information in so far as the declaration of such Secret Information is:
(a) required in terms of any provision of law in any jurisdiction, under the applicable laws on automatic exchange of information, such as Foreign Account Tax Compliance Act (FATCA) or Common Reporting Standard (CRS) or similar, or in particular at the request or upon the order of any supervisory authority;
(b) required in terms of an order of a Court of law investigating a criminal offence (including money laundering or terrorism financing) or a breach of duty;
(c) required for any proceedings by the Bank against the Client for recovery of sums due to it in terms of the business relationship or for defending itself against any claim with regard to services provided to Client in connection with which the secret information has been obtained by the Bank;
(d) otherwise permitted by the Client including when Client require the Bank to provide a reference or a status report to a third party or by any applicable law.
8.3 In accordance with the provisions of Maltese Law, by accepting this Legal agreement, the Client consents to disclose information about Client, acquired during the course of the relationship in the circumstances specified hereunder:
(a) to any of the Bank’s professional advisers (including but not limited to financial, legal and other advisers as might be engaged from time to time), or to any actual or potential assignee or transferee of the Bank’s rights against the Client, or to any person who may otherwise enter into contractual relations with the Bank in relation to the business relationship with the Client;
(b) when the information is required to be disclosed or is requested in the course of a due diligence exercise;
(c) when the information is required in the normal course of business with institutions or other persons who are normally bound by similar obligations of secrecy.
8.4 Client Identity Verification for Anti-Money-Laundering Requirements and Fraud detection:
(a) Client acknowledges that Satabank is offering and continues to offer the Services to Client on the condition that Client satisfies all due diligence and identity checks that Satabank may conduct, and that Client complies with Satabank, Card Organization, and regulatory anti-money-laundering requirements. Identity checks may include credit checks, anti-money- laundering checks required by relevant legislation, checks required by card associations and checks to meet relevant regulatory requirements. Client will provide all assistance requested by Satabank in carrying out such checks and determining compliance with anti-money-laundering requirements, including the provision of such additional registration or identity verification information as Satabank may require at any time.
(b) Client consents to Satabank sharing with and obtaining from third parties, both inside and outside the European Economic Area, and to the extent permitted by law, information held about Client, including personal data as defined under relevant data protection legislation, for the purpose of Satabank conducting applicable due diligence and identity checks, and Client agrees that such third parties may retain the information shared in this way.
(c) Non-satisfaction of the conditions in this clause, including that Client provides information requested by Satabank to conduct identity verification or determine compliance with anti-money-laundering requirements, may result in decline or immediate suspension of the Client's use of the Service and/or also termination of this Agreement without prior notice to Client.
9. Use of LeuPay Wallet Chat and Top-Up Services
9.1 The LeuPay Wallet Service allows Clients to submit content in various formats, such as text messages, voice messages, photos, documents, PDF, location data and other files (collectively referred to as "Submissions"). Clients agrees that the "last seen" status and LeuPay Wallet Profile photo (collectively referred to as Public Submissions) will be visible to other users of the Service who have Client’s mobile phone number in their mobile phone and which Client has not expressly blocked. For clarity, Submissions will only be viewable by those users to whom Client directly addresses these Chat Submissions whereas Public Status may be globally viewed by all users that have Client’s mobile phone number on their smartphones and are registered for LeuPay Wallet Service, unless the user is blocked by the Client and Satabank does not guarantee any confidentiality with respect to Public Submissions.
9.2 Client acknowledges and accepts that any Submissions are only available from the Client smart phone from which they are sent and are not available in a cloud, virtual storage or similar type of Service.
9.3 Client shall be solely and fully responsible for any type of Submissions generated via LeuPay Wallet Chat and the consequences of posting or publishing them. However, by submitting the Submissions to LeuPay Wallet Mobile App, Client hereby grants Satabank a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Service.
9.4 Satabank also reserves the right to decide any of the content communicated via LeuPay Wallet Chat is compliant with the terms stipulated in the Agreement and especially with the Client’s permissible actions or is in violation with any copyrights or any kind of intellectual property rights. Satabank may remove such content and/or terminate a Client's access for uploading such material in violation of the Agreement at any time, without prior notice and at its sole discretion.
9.5 The Service allows the Client to encrypt the content of the submissions sent to other users, registered for the Service. Satabank shall not be able to learn the submitted content nor shall be anyone else without direct access to Client’s mobile smart phone. Satabank does not store Client’s secret chats on its servers. Satabank also does not keep any logs for messages in secret chats, so after a short period of time Satabank no longer knows who or when Client messaged via secret chats. Client agrees that encrypted messages may be accessed only from the device they were sent to or from.
9.6 Regarding the content of the Submissions, Client further agrees that Client will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless Client is the owner of such rights or has permission from their rightful owner to post the material and to grant Satabank all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage Satabank or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business;
(v) impersonate another person;
(vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
(viii) attempt to gain unauthorized access to the Service or its related systems or networks. Clients understands and agrees that Adult content must be identified as such.
9.7 Client understands that when using the Service Client will be exposed to Submissions from a variety of sources, and that Satabank is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. Client further understands and acknowledges that Client may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and Client agrees to waive, and hereby does waive, any legal or equitable rights or remedies Client has or may have against Satabank with respect thereto, and agrees to indemnify and hold Satabank harmless to the fullest extent allowed by law regarding all matters related to Client’s use of the LeuPay Wallet Chat.
9.8 The Service offers possibility for top-up (loading of money) into vouchers and prepaid mobile numbers (“Top-Up”) from the LeuPay Wallet balance. The Service is using sub-contractors or third parties, who are acting as top-up resellers for the Mobile Operators, who provide the vouchers or prepaid mobile numbers and Satabank is not providing the vouchers or prepaid mobile numbers. Some Mobile operators or some of their agents may collect a surcharge fee on top of the amount to be loaded in the vouchers or prepaid mobile numbers (“Top-Up Fee”). Such fees may vary depending on the Mobile operator, not Satabank. In such cases, this fee will be displayed in LeuPay Wallet, prior to the debit operation and the customer may refuse to proceed with a Top-up, if the customer does not agree to the fee. The fee is just collected by Satabank and transferred to the agent of the Mobile operator or its sub-contractor. LeuPay Wallet is facilitating of the money transfer from the customer to the agent or sub-contractor of the Mobile Operator and Satabank is not liable for any compensation for the delivery, timely delivery or quality of the vouchers or prepaid time from the Mobile Operators or their agents or sub-contractors.
10. Satabank Acceptance Policy and permissible actions by the Client
10.1 Client may only use the Service in bona fide and in accordance with the functionalities of the Service as defined in the online account of the Service and the use of Card as defined by the Card Organization and in compliance with this Agreement. Client agrees to use the Service only as permitted by:
(i) The Agreement;
(ii) Characteristics, settings and limits of the Service, including setting of limits and options by Client as allowed by the Service, as published and updated by Satabank from time to time on Satabank website for the Service or in User Interface for the Service; and
(iii) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
10.2 It is strictly forbidden to use the Service in violation of the Agreement, or for any illegal purposes. In particular, Client shall under no circumstances use the Service for activities which without limitation involve or may involve any of the following:
(a) Breach of this Agreement (including, without limitation, providing false identifying data, such as false names, e-mail address, multiple mobile numbers or other data, with the aim or resulting in opening of multiple Accounts for a single user or avoiding the limits imposed by Satabank in another way); or
(b) Breach or risk of breach by Client or by Satabank of any law, statute, contract, or regulation applicable (for example IP laws, or those governing payment services including anti-money laundering or terrorist financing, or similar regulatory requirements, including where Satabank cannot verify the identity or other data about Client according to regulatory or Internal requirements of Satabank, consumer protections, unfair competition, anti-discrimination, gambling, false advertising, illegal sale or purchase or exchange of any Goods or Services according to all applicable laws); or
(c) Abuse by him of the reversal or chargeback process provided by Client’s bank or credit card company; or
(d) Use of the Service in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to Satabank, Branch or Agent of Satabank; or
(e) Initiation of transactions that may be considered to be cash advances or assisting in cash advances from Merchants or to facilitate the purchase of cash equivalents (travellers' cheques or money orders, etc.); or
(f) intercept or monitor, damage or modify any communication that is not intended for the Client or use any type of spider, virus, worm, trojan-horse or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Service;
(g) send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(h) use of any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy for which the Client does not have license or permission from the owner of such rights; or
(i) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way or use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
(j) Use the Service in connection with any other underlying illegal transaction such as but not limitted to collection or harvesting any personally identifiable information, including account names, from the Service; or;
(k) Use of the Service for any sale of purchase of goods and/or services, which are not acceptable to Satabank as determined on Satabank website for the Service or instructed in writing by Satabank.
10.3 Client may not use the Service and/or may not accept the Agreement and Satabank may temporarily stop or terminate the Service and/or Agreement immediately and without prior notice to Client, if:
(a) Client is not of legal age to form a binding contract with Satabank and operate the payment instrument or funding instrument for use with the Service; or
(b) Client is a person barred from receiving the Service under the applicable laws or Regulations of Card Organizations or other Organizations or rules or policies of Satabank;
(c) Client has not been dully identified or verified by Satabank, upon single discretion of Satabank; or
(d) Other important reasons, upon discretion of Satabank, such as risk and compliance;
10.4 Satabank shall be entitled to notify Client at any time on non-acceptance to the Service via the Mobile App. The decision for the refusal is strictly in Satabank’s discretion and Satabank shall not be liable for whatsoever compensations.
10.5 Client agrees that Client will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service, or impact or attempt to impact the availability of the Service, with a denial of service (DOS) or distributed denial of service (DDoS) attack.
10.6 Client agrees that Client will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
10.7 Client agrees that Client is fully responsible for (and that Satabank has no responsibility to Client or to any third party for) any breach of Client obligations under the Agreement and for the consequences (including any loss or damage which Satabank may suffer) of any such breach.
10.8 Client acknowledges and agrees that in order to meet all obligations after anti-money laundering legislation (Prevention of Money Laundering Act and The Prevention of Money Laundering and Funding of Terrorism Regulations) and other documents related to their execution, as well as all European and national legislation in the field, Satabank may block some or all of the Service’s functionalities or may establish general practices and limits concerning the use of the Service without prior notice to Client, including, without limitation, individual or aggregate transaction limits on the value or turnover of e-money, transaction or other limits on the value, type or number of funding transactions or Payment Transactions during any specified time period(s). Satabank shall notify Client for every amendment in the common practices and limitations within reasonable time unless such notification is prohibited by aforementioned anti-money laundering legislation.
10.9 Satabank may refuse to execute any funding or payment transaction or other use of the Service if Satabank has reasonable grounds to suspect fraud, a breach of the applicable Agreement by Client or the Merchant, or a violation of law or regulation of Card Organization or other Organization. Transactions may also be delayed due to Satabank’s compliance with its obligations under applicable anti-money-laundering legislation, including if Satabank suspects that the transaction involves fraud or illegal or non-acceptable activities. In the event that Satabank refuses to execute a Funding or Payment Transaction or Payment Order, Client will be notified, unless it is unlawful for Satabank to do so or would compromise reasonable security measures.
10.10 Client acknowledges and agrees that if Satabank disables access to e-money account or to any payment instrument by stopping the use of Client Identifying Credentials or blocking the Card/s, Client may be prevented from accessing the Service, Client’s account details or any files or other content which are contained in Client’s account or connected to Client e-money or payment instruments.
10.11 The LeuPay Wallet Mobile Application for smart devices is available for downloading only for certain Smart devices as described in the Agreement and Satabank is not liable for lack of availability of the Service on mobile or smart devices, or inability to download or use the Services via particular smart device, or lack of Service or part of the Service, because of lack of Internet or because of mobile operator services (such as SMS or other) or hardware specifics or problems.
10.12 Satabank is not liable for declined payment transactions due to lack of enough balance in the account or linked funding instrument/s, use of Card without name of cardholder or in case of Merchants not accepting payments with such Cards, or offline transactions (Cards are generally not accepted for offline transactions, such as payments on toll roads, or other, however, this does not exclude Client liability for offline transactions, if any), lack of Internet, or problems with hardware or software of Client, or exceeding the limits set by Client as allowed by the Service, or the general limits, determined by Satabank, or any other reason beyond the reasonable control of the Satabank.
10.13 Non-satisfaction of the conditions in this Agreement may result in immediate suspension of the Client's use of the Service, blocking of funds in Client’s account, right of Satabank to withhold funds in Client’s account for satisfaction of damages incurred by Satabank, because of Client breach, claim by Satabank against Client, initiation of procedures before competent regulatory bodies or Card Organizations, and also termination of this Agreement without prior notice to Client.
11. Service Fees. Currency Conversion Fees:
11.1 Satabank will charge Client fees to use the Service, as specified in the Tariff. Tariff may be changed by Satabank unilaterally with 2-month notice to Client. Updates in Tariff will be indicated via the LeuPay Wallet account, and the Client will be duly notified in accordance to the Agreement. Satabank may charge fee for transfers, if it is stated in the Tariff.
11.2 Currency conversion: If transaction involves a currency conversion, it will be completed at a foreign exchange rate determined by Satabank plus a foreign exchange fee expressed as a certain percentage above the exchange rate. Foreign exchange rate is adjusted regularly based on market conditions (the wholesale exchange rate at which Satabank obtains foreign currency). The exchange rate may be updated daily by Satabank and can be viewed on www.leupay.eu under Currency Exchange Rates.
11.3 Where a currency conversion is offered by Satabank at the point of sale Client will be shown the foreign exchange rate that will be applied to the transaction before authorising the payment transaction on the website of Satabank for the Service. By proceeding with authorisation of the payment transaction Client is agreeing to the currency conversion on the basis of the foreign exchange rate. Where a currency conversion is offered at the point of sale by the Merchant, not by Satabank, Client chooses to authorise the payment transaction on the basis of the Merchant's exchange rate and charges, Satabank has no liability to Client for that currency conversion. Where Client payment for e-money is funded by a Debit or Credit Card and involves a currency conversion, by entering into this Agreement Client consents to and authorises Satabank to convert the currency in place of Client Credit or Debit card issuer.
11.4 In case Client is being sent e-money in currency, different from the currency of Client’s account, Client agrees that Satabank shall automatically make a currency conversion and shall issue e-money in the currency of the Client’s account at the foreign exchange rate, applied by Satabank at the date of issuing the e-money.
11.5 Client agrees and understands that the financial institution or Operator that issues the stored card or provides the bank account to Client, used for funding transactions, may charge Client a fee and/or currency conversion fee in connection with the debiting or charging of the funding instrument resulting from the funding transaction. Client should consult the Terms and Conditions governing Client funding instrument for more information about any such fees. Satabank is not liable for taxes, fees or costs imposed by third parties.
12. Client liability
12.1 Client who has acted as a Consumer shall be liable for all losses incurred in respect of unauthorised transactions, as a result of use of lost or stolen payment instrument, if Client has not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. Client who has not acted as a Consumer shall be liable without limitation for all losses incurred in respect of unauthorised or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders.
12.2 However, Client shall be fully liable for all losses incurred in respect of unauthorised transactions and/or all damages, notwithstanding the amount of the losses or damages, if Client has acted fraudulently or has, with intent or gross negligence, failed to comply with the Agreement or law, including Client’s obligations to preserve the security of Client Identifying Credentials, providing access to Client’s account, e-money or Card or other.
12.3 Client shall be entitled to redress losses (excluding fees or interest in case of Clients who are not Consumers) incurred by Client in respect of unauthorised or incorrect transactions made after Client has informed Satabank for the unauthorized or incorrect transaction and Satabank has been able to block the Account and/or Card or other payment instrument without undue delay in the day when the Client’s account was debited or within 7 (seven) days afterwards, and in case where Client is Consumer, no later than any longer period after the debit date, as provided in applicable legislation in the interest of consumer. Satabank will, on Client request, make efforts to trace the transaction and notify Client of the outcome. Where Client is entitled to redress, Satabank will refund the amount of the unauthorised transactions, less applicable fees as per Tariff, by crediting Client’s account.
12.4 Client agrees to indemnify, defend and hold harmless Satabank, from and against any losses or negative balance on Account or Cards, which Satabank may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain as a result from any and all actions, causes of actions, claims, demands, liabilities, judgments, damages or expenses (collectively, "Claim" or "Claims") that are: (a) connected to the use of the Service, including, but not limited to accounts, payment instrument or LeuPay Wallet Chat, that is in breach of any provision, warranty or representation in this Agreement, or in breach of regulations of Card Organizations or other Organizations and of any legislation including but not limited to AML, data protection laws. Client agrees that Satabank is authorized to satisfy immediately as they become due any obligations of Client by debiting or withdrawing directly funds from the Client’s account , or from Security provided by Client (if Security is provided), or any outstanding sums owed by Satabank to Client, including by debiting or charging the Funding instrument of Client. Satabank shall inform Client via LeuPay Wallet account on the ground, amount and value date of such withdrawals, unless it is forbidden by law or regulations for AML or security reasons to make such notice.
12.5 In case of delay for payment of amounts due to Satabank Client shall owe a penalty for delay in the amount of the statutory interest according to the European Central Bank rate for each day of delay from the date of delay until payment of the full amount.
13. Termination of Agreement
13.1 Client acknowledges and agrees that Satabank may stop providing the Service to Client, as provided in the Agreement. Client may stop using the Service at any time, without need to inform Satabank when Client stops using the Service. The Agreement will continue to apply until terminated either by Client or Satabank, as set out below.
13.2 If Client wants to terminate legal Agreement with Satabank, Client may do so immediately and without charge for termination at any time by:
(a) Notifying Satabank, in accordance with clauses for communication by Client to Satabank below; and
(b) Closing Client’s account for the Service, including withdrawing or redeeming the available balance of e-money; and
(c) Return of Card to Satabank.
13.3 In case of any risk of Damages for Satabank, resulting from reversals, chargebacks, claims, fees, fines, penalties, Client’s non-compliance with AML/FT or other regulations and other similar liabilities arising from Client‘s use of the Service, Satabank may hold the Client’s funds for up to 180 Days even after Termination of Agreement or shorter or longer period, as required by the law, including laws in favor of the consumer. Client will remain liable for all obligations arising under this Agreement even after Termination of Agreement and/or closing of account.
13.4 Satabank may, at any time, terminate the Agreement with Client without notice if:
(a) Client has breached any material provision of the Agreement or law or Regulations of Card Organizations or other Organizations (or have acted in a manner which clearly shows that Client does not intend to or is unable to comply with the material provisions of the Agreement); or
(b) Satabank is required to do so by law or Regulations of Card Organizations or other Organizations (for example, where the provision of the Service to Client becomes non-compliant with the Regulations).
13.5 Unless a shorter period is provided in this Agreement, as permitted by law, Satabank may, at any time, terminate the Agreement by giving Client two (2) months' notice.
13.6 When this Agreement comes to an end, all of the legal rights, obligations and liabilities that Client and Satabank have benefited from, or which have accrued over time whilst the Agreement has been in force, or which are expressed to continue indefinitely, will be unaffected by this cessation, and the provisions of clause 19.5 will continue to apply to such rights, obligations and liabilities indefinitely.
13.7 Redemption of e-money upon closing of account:
13.7.1 Client is entitled to request personally by sending an e-mail to Satabank to redeem (buy back) all available balance of e-money of Client, less all applicable fees upon closing of LeuPay Wallet account and termination of the Agreement, requested by the Client. Subject to the successful completion of applicable anti-money-laundering, fraud and other illegal activity checks of every request for redemption by Satabank, Satabank will redeem the amount of the outstanding e-money, less the applicable fees, such as redemption fee, determined in Tariff or currency conversion fees if applicable and possible bank transfer fees for the bank transfer. Satabank shall initiate transfer of the remaining amount to Client’s personal bank account, which has to be in the same currency as the currency in or in one of the currencies, supported by Satabank, as notified by Satabank on the website of Satabank for the Service.
13.7.2 Satabank is not liable for incorrect transactions based on false or incomplete information. Satabank shall not be liable for delays in the redemption of e-money where the delay is caused by any third party involved in the transfer transaction of redeemed money.
13.7.3 Client cannot request and is not entitled to e-money redemption if there is no balance available in Client’s account for whatsoever reason or balance is not enough to cover the fees for redemption.
13.7.4 If the outstanding amount of e-money cannot be redeemed in accordance with this clause, Client has six (6) years following termination of the Agreement to request the redemption of the outstanding amount in full and in compliance with this Agreement, after which time any e-money left in Client’s account becomes the property of Satabank. For the purposes of this clause, the Agreement terminates when Client is no longer able to use Client e-money for the purpose of making Funding and/or Payment transactions or use of the Service. Any redemption made, pursuant to this clause, is subject to the successful completion of applicable anti-money-laundering, fraud and other illegal activity checks, and Client agrees to provide the information requested by Satabank in order for Satabank to complete these checks. Nothing in this clause limits Satabank's right to terminate the Agreement, pursuant to the other clauses of this Agreement or the law.
13.8 Death of Individuals Satabank will assume that the relationship between Satabank and the Client persists until Satabank is notified in writing about the death of the Client. Satabank must be notified by who is legally vested with the rights and obligations to act on behalf of Client’s affairs and will take instructions from him/her/them. Such person may be the heir, legatee, administrator, executor or otherwise. Satabank shall be entitled to receive to its satisfaction such evidence, at Client’s cost, as may be required by Satabank to establish the proper entitlement and authority of the person claiming to be in charge of acting on behalf of Client’s affairs and Satabank shall not be bound to act upon such instructions until such time as we are satisfied of such authority.
14. Limitation of Warranties:
14.1 Satabank makes no express warranties or representations with respect to the provision of the Service. In particular, Satabank do not warrant to Client that:
(a) Client use of the Service will meet Client requirements or expectations;
(b) Client use of the Service will be uninterrupted, timely, secure or free from error; and
(c) Any information obtained by Client as a result of use of the Service will be accurate or reliable.
14.2 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service, except to the extent that they are expressly set out in the Agreement.
14.3 Nothing in the Agreement will affect those mandatory statutory rights to which Client is entitled as a consumer and that Client cannot contractually agree to alter or waive.
15. Limitation of Liability:
15.1 Nothing in the Agreement will exclude or limit Satabank’s liability for losses which may not be lawfully excluded or limited by this Agreement or by applicable law.
15.2 Subject to the previous Clause, Satabank will not be liable to Client for:
(a) Any indirect or consequential losses which may be incurred by Client. This will include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by Client;
(b) Any loss or damage which may be incurred by Client as a result of:
(i) Any reliance placed by Client on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between Client and any advertiser whose advertising appears on the Service;
(ii) Any change which Satabank may make to the Service or any permanent or temporary cessation in the provision of the Service (or any features within the Service);
(iii) Malfunction of the Service;
(iv) The deletion of, corruption of or failure to store any communications data maintained or transmitted by or through Client use of the Service;
(v) Client failure to provide Satabank with accurate account information; and
(vi) Any fraudulent use of the Service by Client or third parties;
(c) Any compensation for fees or interest paid or levied on Clients who are not Consumers, as a result of non-performance or incorrect performance of a payment transaction.
15.3 Satabank does not assume any responsibility for the information provided by the clients via the LeuPay Wallet Chat which has links to content, policies or practices of any third parties websites upon which Satabank cannot influence or control in any way. The Client acknowledges and agrees that Satabank is not liable for any damages or claims resulting from use or visit by the Client of third parties’ websites.
15.4 Satabank does not endorse any Submission that Client may send via LeuPay Wallet Chat or any opinion, recommendation, or advice expressed therein, and Satabank expressly disclaims any and all liability in connection with Status Submissions.
16. Changes to the Agreement:
16.1 Client agrees that Satabank may make changes to the Agreement from time to time. Satabank shall give Client two (2) months' notice of changes in the Agreement, unless shorter period is necessitated by a Regulatory change, or is allowed by law, by push notification sent to Client’s LeuPay Wallet Chat before their proposed date of entry into force.
16.2 Client understands and agrees that Client will be deemed to have accepted the changes unless Client notifies Satabank to the contrary by notice, as provided herein under, prior to the date on which the changes are to come into effect, in which case the Agreement will terminate without charge for termination immediately before the effective date of the changes.
16.3 Nothing in this Section will limit:
(a) Satabank’s right to update and revise its policies from time to time or to add new features to the Service from time to time without prior notice, which may be accepted by Client by using the new feature. Such revisions may take place using a method chosen at Satabank's discretion, and such method may also include email communication or publication on a Satabank website for the Service or in LeuPay Wallet App; and
(b) The parties' right to vary the terms of this Section, where the variation is not prohibited by law and both parties agree to it.
16.4 Satabank may introduce innovations, improvements, developments, new functionalities, upgrade accounts or amend the names of accounts or products unilaterally and without the consent of Client, for which Satabank shall inform Client via LeuPay Wallet App.
17. Communications and Notices
17.1 All information will be made available or provided to Client in an easily accessible manner, in easily understandable language, in a clear and comprehensible form and in English.
17.2 Client agrees that Satabank may send notices and other communications to Client via LeuPay Wallet App or other reasonable means to any matter relating to Client use of the Service, including the Agreement (and revisions or amendments to the Agreement), notices or disclosures regarding the Service and payment authorisations.
17.3 Particular communications will be handled as follows:
(i) The Agreement will be provided to Client’s email at the sign-up in a printable form following a request by the Client address to email@example.com where the Client also provides his or her e-mail;
(ii) Changes to this Agreement after the sign-up will be provided the LeuPay Wallet Mobile App;
(iii) Except where this Agreement provides otherwise, a notice to terminate this Agreement will be provided in an email sent to Client email address;
(iv) Information about balance or transactions or statements will be made available in transaction history on the Mobile App;
(v) Information about a suspension of the Service and about the rejection of transactions with e-money will be made available via SMS to Client’s mobile phone number or on the Mobile App.
17.4 Any notice sent to Satabank under this Agreement should be sent by registered post to Satabank’s address of registered office, stated above in the Agreement, except that:
(i) Notification of loss, theft, unauthorized use or security breach must be made immediately to the Contact Center of Satabank, on numbers notified to Client by Satabank or has to be sent, as soon as possible, through "Contact us" on Satabank’s website for the Service;
(ii) Notification of application for Card, purchase of e-money in a currency other than the Primary currency of the account, redemption of e-money upon termination of this Agreement should be sent through "Contact us" on the website for the Service.
(iii) Notification by Client that Client does not agree to the amendment of the Agreement and wishes to terminate the Agreement prior to entry into force of the amendments should be sent through "Contact us" on the website for the Service from Client or a person explicitly authorized by the Client.
18. General legal terms
18.1 Unless otherwise expressly stated in the Agreement or Tariff, all amounts stated in the Agreement are denominated in EURO (EUR).
18.3 Client agrees that if Satabank does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Satabank has the benefit of under any applicable law), this will not constitute a waiver of Satabank’s rights and that those rights or remedies will still be available to Satabank.
18.4 If any court of law having the jurisdiction to decide on a matter relating to the Agreement rules that any provision of the Agreement is invalid in respect of a certain Client or Client, who is a Consumer, then that provision will be removed from the Agreement with this Client without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
18.5 Client may not assign Client rights under the Agreement or otherwise sub-contract or transfer any of Client rights or obligations under the Agreement without the prior written consent of Satabank.
18.6 Satabank may transfer its rights and obligations under the Agreement to third party, which is licensed to issue e-money giving to Client at least two-month notice previous the date of the transfer per e-mail unless such a transfer is required due to regulatory reasons. In case of such transfer and if Client disagrees with it Satabank shall provide the Client the possibility to terminate the Agreement free of taxes, penalties or other.
18.7 Any claim or dispute arising under the Agreement or as a result of the provision of the Service by Satabank should, in the first instance, be referred to Satabank in writing to the Complaints Officer, Satabank p.l.c. or via e-mail on firstname.lastname@example.org. Client has to submit Complains in writing and clearly stating the reasons for complaint. Satabank shall try to resolve the complaint, within reasonable term upon receipt of clear and correctly submitted complaint. The Bank will then investigate and, where appropriate and necessary, take immediate action to rectify the situation. The Bank also undertakes to take the necessary steps to prevent a recurrence. All complaints will be acknowledged and the Client will be informed accordingly of the investigation’s outcome. If the Client is still dissatisfied with the outcome of the Bank’s investigation, he/she may direct his/her complaint to the Consumer Complaints Manager at the MFSA by writing to the Consumer Complaints Manager, Malta Financial Services Authority, Notabile Road, Attard BKR 3000, Malta, or by calling free phone at 8007 4924, or +356 21441155, or via e-mail at email@example.com.
18.8 Both Parties agree that the authentic and/or correct execution of transactions and operations shall be proven with print-outs or statements printed or generated from Satabank IT systems, such as the online account of Client, the website of Satabank for the Service, Card System of Satabank or BIN Sponsor, Issuer or Acquirer, Register of E-money of Satabank or other software systems or platforms used by Satabank in the capacity of regulated E-Money Institution or its Agents or sub-contractors, in their capacity of authorized Agents or sub-contractors of Satabank, licensed to use software or platforms of Satabank.
18.9 "LeuPay Wallet", "LeuPay Wallet Card", "LeuPay Wallet Chat" and all related URLs, logos, marks or designs, scripts, graphics, interactive features and similar, software, interfaces, standard or special design of electronic cheques or visualizations or other related to the Services, including logos and marks of Card Organizations are protected by copyright, trademark registration or Patent or other intellectual property right of Satabank or third party Licensor. Client may not use, copy, imitate, modify, alter or amend, sell, distribute or provide them without Satabank’s prior written explicit consent to do so in a separate Agreement.
18.10 The Agreement and Client relationship with Satabank under the Agreement will be governed in all cases by Maltese law.
(i) Jurisdiction of competent Court between parties when Client is not a consumer: Both Parties agree to submit to the exclusive jurisdiction of the competent Court in the City of Valetta, Malta to resolve any dispute arising between them. Nevertheless the Client agrees that Satabank will still be allowed, upon Satabank’s discretion, to bring a claim or apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
(ii) Jurisdiction of competent Court between parties when Client has the capacity of consumer: Claims against defendants with the capacity of consumer shall be submitted to the competent Court as per Client’s domicile.
The following defined terms are used in this Agreement:
"Account" means the personalized profile of the Client in LeuPay Wallet App for which the Client has personalized securities credentials;
"Agreement" means this Legal Agreement, as it may be amended from time to time by Satabank;
"Business Day" means a day (other than a Saturday or Sunday) on which banks in Malta are open for business (other than for the sole purpose of 24-hour electronic banking);
"BIN Sponsor" means a company different from Satabank, Principal Member of the Card Organizations, MasterCard, VISA, JCB and other, licensed to issue prepaid cards, virtual cards, and provide other payment services, which has a contract with Satabank for BIN sponsorship and issuing and acquiring of payments cards and other payment instruments and payment services.
"Additional card" means a card, which is linked to the account of Client for e-money, that may be without Client names, or with Client names or with the names of members of the family or close associates of Client. Cardholders of additional cards, different from Client, do not have account for e-money and use the electronic money of Client. The Client is allowed to have one Additional card unless the LeuPay Wallet Service provides otherwise.
"Cash" or "Balance" means any electronic money (e-money) of the Client, issued by Satabank in à currency, supported by Satabank and chosen by Client upon registration for the Service;
"Contactless payment" is a functionality of LeuPay Wallet Card and Service that allows the Client to make contactless payments with the Client’s phone on NFC enabled POS terminals at Merchants after entry of PIN when requested by the Service. To use this functionality Client must install the LeuPay Wallet App on a smartphone, which is NFC enabled;
"Client" or "User" means a natural person who registers for the Service as Client or actually uses the Service as Client;
"Client mobile phone number" means the mobile phone number via which the Client signs up for the Service and which Satabank will use for sending OTP to Client and for communication with Client;
"Card Organizations" means MasterCard International ("MasterCard"), VISA Europe (VISA), JCB Europe ("JCB") or any other card association or organization applicable hereunder, including any parent, affiliate, subsidiary, or successor, of any of them;
"Currencies, supported by Satabank" means various currencies, supported by Satabank for the Service, in which Satabank issues electronic money, available in the Mobile App during enrollment for the Service;
"Consumer" means a natural person, who uses the Service for personal needs, different from his/her business, commercial or professional needs or activities. Any other natural or legal person, using the Service mainly for business, professional, commercial or other purposes, different from personal, family or households needs, is not a consumer, and some parts of this Agreement do not apply to persons who are not consumers or are dealt with differently;
"ePassport Upload" is a mandatory step of the Client verification procedure performed via the LeuPay Wallet Service, which consists of scanning the data from the international passport via the LeuPay Wallet Service, encryption and transmission to data servers of Satabank and verification of data by Satabank for regulatory and security needs;
"Funding via stored card" means the transaction by which Satabank debits Client’s stored card with an amount, equal to the amount of e-money to be issued by Satabank, plus a fee for the funding operation;
"Funding via bank transfer" means the transaction by which the Client orders a credit transfer from Client’s bank account to the IBAN for funding of LeuPay Wallet and issuing of e-money by Satabank in the business day in which Satabank receives the bank transfer and in the currency in which LeuPay Wallet is opened;
"Mobile Application" or "Mobile App", or "LeuPay Wallet Mobile App" means a software application for smartphones with Android system, developed for Satabank, allowing the registration for and use of LeuPay Wallet Service;
"Non-payment transaction" means operation for check of balance, history of transactions and other non-payment transactions available for the Service.
"Payment transaction" means the transactions for payment on POS, payment in Internet for Goods and Services, ATM withdrawal, electronic money transfers or any other payment transactions with e-money or with payment instrument available for the Service;
"Personalized security features" or "Identifying Credentials" means all personalized security characteristics of all payment instruments, such as the App Secret code, cardholder data, PAN, expiry date, CHIP & PIN, CVV, CVC or similar codes, OTP (one time password), security codes and all other unique and/or identifying information that Satabank provides to Client to access Client’s account and payment instruments and use the Service under this Agreement. Client may view his/her personalized security features in the LeuPay Wallet Profile after entering the App Secret Code initially specified by the Client;
"Principle currency" means the currency selected by Client as default currency and most frequently used by Client, upon registration for the Service, or later amended by Client via the Service, amongst the currencies, supported by Satabank, in which currency is the Tariff of Satabank for the Service, applicable for Client;
"Send Money" means a transfer of electronic money within the system of Satabank from one Client to another registered user;
"Stored card" means the credit card, debit card, or other payment card, which Client registers for use with the Service and which will be used by Satabank to receive funds against which Satabank shall issue e-money for Client or for other purposes under this Agreement;
"Verification of stored card" means a procedure of Satabank, performed via the Mobile App, under which Satabank will verify if Client is the authorized user of the stored card, by debit preauthorization of a small amount (about 1 or 2 EUR or its equivalent in foreign currency) from the stored card and sending of a secure code to Client along with the information for debit preauthorization transaction, which amount, upon successful completion of the verification procedure, will be credited to the account of Client and Client will be able to spend it via the Service, including to transfer it to Client’s bank account;
"Verification of mobile phone number" is a procedure of Satabank that verifies the mobile phone number used by the Client for the Service by sending via SMS a confirmation to mobile phone number where the Client has installed the Mobile App which confirmation must be entered in the Mobile App in order to complete the verification.
|Fees for LeuPay Wallet account|
|Account Service Fees:|
|Open account||Free of charge|
|Monthly service fee||Free of charge|
|Annual service fee||Free of charge|
|Account Funding Fees:|
|Funding via Bank transfer||Free of charge|
|Funding via consumer card MasterCard/VISA, issued in EU||0.500%, Min. 0.25 EUR|
|Funding via other type card MasterCard/VISA/JCB||1.000%, Min. 0.50 EUR|
|Send money to other LeuPay Wallet client||Free of charge|
|Receive money from other LeuPay Wallet client||Free of charge|
|Request for Cancellation or Return of a Payment||10.00 EUR|
|Budget funding via consumer card MasterCard/VISA, issued in EU||0.500%, Min. 0.25 EUR|
|Budget funding via other type card MasterCard/VISA/JCB||1.000%, Min. 0.50 EUR|
|Budget funding from a LeuPay account||Free of charge|
|E-money redemption upon closing of an account||15.00 EUR|
|SMS notification1||0.10 EUR|
1 Other fees can be imposed by Client Mobile services provider.
|Fees for virtual cards and contactless payments|
|Account Service Fees:|
|Main card issuance||Free of charge|
|Additional cards issuance||1.00 EUR|
|Payment on POS terminal||Free of charge|
|Internet payments||Free of charge|
|Fee for initiating chargeback procedure||15.00 EUR|
|Fees for LeuPay card|
|Account Service Fees:|
|Card issuance||5.00 EUR|
|Replacing of expired card||5.00 EUR|
|Replacing of non-expired card (loss, theft, stolen, damaged)1||10.00 EUR|
|ATM cash withdrawal in EU|
|(Amount of withdrawal in EUR or its exchange value in foreign currency at the date of transaction)|
|≤ 300.00 EUR||2.00 EUR|
|> 300.00 EUR||4.00 EUR|
|ATM cash withdrawal International|
|(Amount of withdrawal in EUR or its exchange value in foreign currency at the date of transaction)|
|≤ 300.00 EUR||3.00 EUR|
|> 300.00 EUR||4.00 EUR|
|POS cash withdrawal2||1.000% + 3.00 EUR, Min. 5.00 EUR|
|Payment on POS terminal||Free of charge|
|Internet payments||Free of charge|
|ATM Balance check||0.50 EUR|
|Declined transaction at ATM||0.50 EUR|
|Fee for initiating chargeback procedure||15.00 EUR|
1 Not applicable in case of replacing defect card/tag for which Issuer is responsible.
2 The POS Operator can charge additional fees.