For All Users
User Agreement for LeuPay ServiceLast update: 5th of February 2018
1. Legal relationship and Service1.1 This User Agreement is between the Client (referred to as “You”) on one side and LEUPAY LTD, registered in the Companies House, UK, company number 10785565, registered seat and address 20 Kentish Town Road, London, England, NW1 9NX on the other side referred to jointly as “we”, or “us”.
The User Agreement regulates your use of the FinTech platform LeuPay, which is a software and is our intellectual property and is necessary for the provision of the e-money and payment services, provided by Financial Institutions to which we have licensed the use of the Platform.
“LeuPay Service” is a FinTech multi-banking web based Platform, operated by us, for e-money and payment services, provided by Financial Institutions, licensed by us to use our platform.
The element of your Account which constitutes the e-money services, card/s and payment functionality will be known as the "E-money account". The E-money account is the operational part of your Account through which you have access to funds and which can be used for the execution of payment transactions. The E-money account is provided by a Financial Institution, described in the Legal Agreement for LeuPay Account, which is a separate legal agreement, concluded via our Platform. To use LeuPay Service you must have at least one valid E-money account, with a Financial Institution, licensed to use our Platform.
The electronic money is issued by the Financial Institution, which opens and maintains the E-money account for you. The E-money balance in your E-money account represent a claim against the Financial Institution, which has issued the E-money.
1.2. Summary of most important definitions:
"LeuPay Platform" or “Platform” is a FinTech multi-banking online Platform, supported by us, for e-money and payment services, provided by Financial Institutions, licensed by us to use our Platform.
"LeuPay Account" means an account for electronic money, provided by a Financial Institution. LeuPay Account can be Personal for your personal needs or Business Account for your professional or business needs. In case you are using LeuPay Account for your business or professional needs, then you are not considered as a consumer. Your use of LeuPay is regulated by the terms of a separate Legal Agreement for LeuPay Account. For the purposes of the present Agreement, all consumer-related protections shall apply to Clients which are micro-enterprises and are protected as Consumers under the payment services legislation of their domicile;
"LeuPay Balance” means electronic money (monetary value) issued by the Financial Institution on receipt of funds as described in detail in the Legal Agreement for LeuPay Account;
"LeuPay Card" or "Card" is a payment instrument, provided by Member with the logo of the Card Organizations used for payments on POS or Internet or cash withdrawals on ATMs. The LeuPay Card is a plastic card, CHIP & PIN based, embossed with names of the cardholder issued with the logo of the Card Organizations. Your use of LeuPay Card is regulated under a separate Legal agreement for LeuPay Card concluded with the Member;
1.3 You acknowledge and agree that a condition for registering for the service is to fulfil the following steps:
(i) Downloading the Mobile App, officially published by us and agreeing with the Mobile App License Agreement and this User Agreement for LeuPay Service.
(ii) Agreeing with the Legal agreement for LeuPay Account and other legal documents if applicable.
(iv) Enrolling for LeuPay Service via the Mobile App with entry of valid and true data, such as your name of, 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 us;
(v) Verifying the mobile phone number for the Service as indicated by us;
(vi) Choosing and entering secret code (PIN) for the mobile app, which is required for using of the Service;
1.4 The Agreement will be effective from the date of its acceptance by you ("Effective Date"). By clicking Accept or Agree where this option is made available to you by us via the Website for the Service or Mobile Application for the Service and which you hereby adopt as your electronic signature you consent and agree to the terms and conditions of the present Legal Agreement and therefore the electronic document of the Agreement is deemed as duly signed by you.
1.5 A link of the Agreement will be provided to you in the Website or Mobile App from where you 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 you in the Mobile App and also on Website for the Service www.leupay.eu (“Website”). You may request to be provided with a copy of the Agreement, and a link to the Agreement will be sent to your registered mobile number for the service.
1.6 The Agreement and all communication between you and us will be in English language. Where we have provided you with a translation of the English-language version of the Agreement or communication in other languages, this translation is only for your convenience and you explicitly agree that the English-language version of the Agreement and communication will govern the relationship with us. If there is any contradiction between the English-language version and a translation, the English-language version takes precedence.
1.7 You declare that you are registering for the Service on you own behalf only and that you are not acting on behalf or on account of third party.
2. Eligibility for LeuPay Service. Age restrictions. Identification and Verification:2.1. To be eligible to use all functionalities of the LeuPay Service and the payment and e-money Services, you must (i) be at least 18 years old ; and (ii) be resident of the countries, listed in the Website or Mobile app; and (iii) you or any user of additional card to your Account must 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 or similar. You agree that the use of LeuPay Service is subject to you opening and having at least one valid LeuPay Account.
2.2. Identification and verification: The Financial institutions, providing the e-money and payment services are legally obliged to identify and verify your identity in compliance with the applicable AML/FT laws, Internal AML/FT rules and procedures and the applicable rules of the Card Organizations. The procedure for identification and verification is described in detail in your Legal Agreement for LeuPay Account.
2.3 Upon registration for the Service and during this Agreement, you must provide current, complete and accurate information by personalizing your Online account, as requested by us and maintain that information as current and accurate during use of the Service. You acknowledge and give us your consent to have access to the contact list/address book in your smart device 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 you provided, you agree to update the information in the Online account without delay.
2.4. Set-off. You agree that LeuPay Service may set-off any of the amounts held in your e-money accounts or currency balances held or controlled by you with any fees, charges or other amounts you owe to any of the Financial Institutions or Member. In simple terms, our right to set-off means that we may deduct such fees, charges or other amounts due by you under this Agreement or the other legal agreements with different Financial Institution for LeuPay Account from any of the account balances held or controlled by you. If such set-off includes a currency conversion we will convert the amount that you owe according to our currency exchange rate for the date of the operation.
3. LeuPay Functionalities3.1. You acknowledge and agree that the sales of Goods and Services performed via LeuPay, including but not limited to top-up of prepaid or similar services, are transactions between the Merchant and you and not with us. We are not liable for the performance of obligation of Merchants.
3.2. You agree that you can use the e-money and payment services, provided to you by the Financial Institution via our Platform. For that purpose our Platform will display to you the account information, such as balance, account numbers, transactions, cards, status of cards, tariff or fees, notifications, or other, but we are not liable for the provision of the e-money or payment services. The liability towards you with regard to the e-money or payment services and the regulatory obligations is with the Financial Institution, providing these services to you.
3.3. In case you are eligible and have more than one E-money account, provided by different Financial Institutions, licensed for use of our Platform, we may visualize for your convenience the total amount of all your available balances hold with the different Financial Institutions in your selected primary currency. This total amount is visualized only for your ease and does not represent E-money issued by us or your claim against us.
4. Security features. Security measures and Safety Requirements:4.1 We have provided to you personalized security features which comply with the principles of strong customer authentication for using the Service, such as, but not limited to secret code for access to the Online account or LeuPay App, secret code for confirmation of payment orders which are necessary tools for preserving the security of your LeuPay Account. We will make sure that the personalized security features are not accessible to parties other than you or any user authorized by you to use the payment instrument, and conform to all Regulatory Technical Standards, without prejudice to your obligations.
4.2 You agree to use your credentials, such as username and password and other personalized security features for your LeuPay only in accordance with this Agreement and with the law. You must not provide and must not allow disclosure of the personalized security features to a third party. The breach of this obligation is breach of your obligation for protection of personalized security characteristics of payment instrument and you will be fully liable for unauthorized transactions as a result of your breach of this obligation willfully or with gross negligence.
4.3 If you believe that your Account or other payment instruments have been used in an unauthorized manner or in case of unauthorized transactions, you have to contact us without undue delay. You agree to notify us via the Contact Center, immediately and without delay in case of loss, theft, misappropriation or unauthorized use of credentials and/or personalized security features and to take all preventive and security measures as allowed by the Service, including to disable the compromised payment instruments via the Online account or via the LeuPay Mobile App, or allow us to do it and limit the risks of unauthorized transactions and damages. You also agree to notify us without undue delay and in the same manner of any other breach of security regarding the Service of which you have knowledge.
4.4 We may suspend the use of the LeuPay Service in part of wholly, including block the Account, where we suspect that the security may have been compromised or that unauthorized or fraudulent use has taken place. We will inform you in advance or, if that is not possible, immediately after, of the suspension of the use of the LeuPay Service, specifying the reasons for the suspension, unless such provision of information would compromise reasonable security measures or be otherwise unlawful. We will provide you again the Service or will replace your personalized security characteristics, as soon as practicable after the reasons for the suspension cease to exist and on condition that you have performed all obligations towards us.
5.2 Financial Secrecy: The Financial Institution, providing the e-money and payment services and we are bound, in accordance with the applicable legislation, to observe secrecy and confidentiality with regards to all information which you disclose to us regarding yourself ("Secret Information"). However, we are authorized by the applicable laws 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, requiring financial institutions to exchange automatically with the competent tax authorities information on client data, such as client names, address, Tax number, social security number, or similar, Account number and Account/s balance as at the end of the calendar year and other information for tax purposes, specified in these acts, or on ad hoc principle upon request or order of any competent authorities;
b) required in terms of an order of a Court of law, prosecution office, or police or tax authority, bailiffs, or other authority or agency investigating a criminal or administrative offence (not limited to money laundering or terrorism financing) or a breach of any law by you;
c) required for any of our proceedings against you 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 you in connection with which the secret information has been obtained by us;
d) otherwise permitted by you including when you require us to provide a reference or a status report to a third party or by any applicable law.
e) to the Issuer and Acquirer of cards for the purposes of issuing or acquiring of cards, card transactions authorizations and processing, processing of claims (chargebacks or fraud) for cards with the logo of the Card Organizations, including but not limited to full KYC data and files on the customer.
5.3 In accordance with the provisions of the applicable law, by accepting this Legal agreement, you consent to disclose information about yourself, acquired during the course of the relationship in the circumstances specified hereunder:
a) to any of our 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 our rights against you, or to any person who may otherwise enter into contractual relations with us in relation to the business relationship with you;
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.
5.4 Identity Verification for Anti-Money-Laundering Requirements and Fraud detection:
(a) You acknowledge that we are offering and continue to offer the Services to you on the condition that you satisfy all due diligence and identity checks that we may conduct, and that you comply with our requirements or with the requirements of the 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. You will provide all assistance requested by us 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 we may require at any time.
(b) You consent to us 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 yourself, including personal data as defined under relevant data protection legislation, for the purpose of conducting applicable due diligence and identity checks by our side, and you agree that such third parties may retain the information shared in this way.
(c) Non-satisfaction of the conditions in this clause, including that you provide information requested by us to conduct identity verification or determine compliance with anti-money-laundering requirements, may result in decline or immediate suspension of your use of the Service and/or also termination of this Agreement without prior notice to you.
6. Use of LeuPay Service6.1. The use of the e-money and payment services, such as funding of account receipt of money, payments with cards, credit transfer, direct debit, currency exchange or others, is regulated in this Agreement and in the respective Legal Agreements for LeuPay Account and Legal Agreement for LeuPay Card and other legal documents (if applicable).
7. LeuPay Acceptance Policy and permissible actions7.1 You 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. You 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 you as allowed by the Service, as published and updated by us from time to time on our 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.
7.2. It is strictly forbidden to use the Service in violation of the Agreement, or for any illegal purposes. In particular, you 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 us in another way); or
(b) Breach or risk of breach by you 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 we cannot verify the identity or other data about you according to our Internal regulatory requirements of, 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 of the reversal or chargeback process provided by your 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 us or any of our Branches or Agents, or affiliates; 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 (travelers’ cheques or money orders, etc.); or
(f) intercept or monitor, damage or modify any communication that is not intended for you 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 you do 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 limited 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 us as determined our website for the Service or as instructed in writing by us.
7.3 You may not use the Service and/or may not accept the Agreement and we may temporarily stop or terminate the Service and/or Agreement immediately and without prior notice to you, if:
(a) You are not of legal age to form a binding contract with us and operate the payment instrument or funding instrument for use with the Service; or
(b) You are a person barred from receiving the Service under the applicable laws or Regulations of Card Organizations or other Organizations or our rules or policies;
(c) You have not been dully identified or verified by us, upon our single discretion; or
(d) Other important reasons, upon our discretion, such as risk and compliance;
7.4 We shall be entitled to notify you at any time on non-acceptance to the Service via the Online account or through the LeuPay Mobile App. The decision for the refusal is strictly in our discretion and we shall not be liable for whatsoever compensations.
7.5 You agree that you 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.
7.6 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
7.7 You agree that you re fully responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
7.8 You acknowledge and agree 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, we 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 you, 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). We shall notify you for every amendment in the common practices and limitations within reasonable time unless such notification is prohibited by aforementioned anti-money laundering legislation.
7.9 We may refuse to execute any funding or payment transaction or other use of the Service if we have reasonable grounds to suspect fraud, a breach of the applicable Agreement by you or the Merchant, or a violation of law or regulation of Card Organization or other Organization. Transactions may also be delayed due to our compliance with its obligations under applicable anti-money-laundering legislation, including if we suspect that the transaction involves fraud or illegal or non-acceptable activities. In the event that we refuse to execute a Funding or Payment Transaction or Payment Order, you will be notified, unless it is unlawful for us to do so or would compromise reasonable security measures.
7.10 You acknowledge and agree that if we disable access to E-money account or to any payment instrument by stopping the use of your Identifying Credentials or blocking the Card/s, you may be prevented from accessing the Service, your Account details or any files or other content which are contained in your Account or connected to your e-money or payment instruments.
7.11 The LeuPay Mobile Application for smart devices is available for downloading only for certain Smart devices as described in the Agreement and we are 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.
7.12 We are 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 your liability for offline transactions, if any), lack of Internet, or problems with your hardware or software, or exceeding the limits set by you as allowed by the Service, or the general limits, determined by us, or any other reason beyond our reasonable control.
7.13 Non-satisfaction of the conditions in this Agreement may result in immediate suspension of the the Service, blocking of the funds in your Account, our right to withhold funds in your Account for satisfaction of damages incurred by us, because of your breach, claim by us against you, initiation of procedures before competent regulatory bodies or Card Organizations, and also termination of this Agreement without prior notice to Client.
8. Service Fees. Currency Conversion Fees:8.1 We will display in LeuPay Platform the Tariff and fees for the services. The fees will be charged by the Financial Institution, proving the e-money and payment services and debited directly from your balance. Tariff may be changed unilaterally with 2-month notice sent to you. Updates in Tariff will be indicated via the LeuPay Service, and you will be duly notified in accordance to the Agreement.
8.2 Currency conversion: If a transaction performed via the Service involves a currency conversion, it will be completed at a foreign exchange rate determined by Financial Institution plus a Currency exchange fee expressed as a certain percentage above the exchange rate and as specified in the Tariff. Foreign exchange rate is adjusted regularly based on market conditions (the wholesale exchange rate at which we obtains foreign currency). The exchange rate may be updated daily by Financial Institution and applied immediately. It may be viewed in your LeuPay Mobile App or on the Website for the Service under Currency Exchange Rates.
8.3 Where a currency conversion is offered by us at the point of sale you will be shown in your Online account or via the LeuPay Mobile App or on the website for the Service the foreign exchange rate that will be applied to the transaction before authorizing the payment transaction. By proceeding with authorization of the payment transaction you are 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 us, you choose to authorize the payment transaction on the basis of the Merchant's exchange rate and charges, we have no liability to you for that currency conversion. Where your payment for e-money is funded by a Debit or Credit Card and involves a currency conversion, by entering into this Agreement you agree and authorize us to convert the currency in place of your Credit or Debit card issuer.
8.4 In case you are being sent e-money in a currency, different from the currency of your Account, you agree that a currency conversion shall be made and that the Financial Institution shall issue e-money in the currency of your LeuPay Account at the foreign exchange rate, applied at the date of issuing the e-money.
8.5 You agree and understand that the financial institution or Operator that issues the stored card or provides the bank account to you, used for funding transactions, may charge you a fee and/or currency conversion fee in connection with the debiting or charging of the funding instrument resulting from the funding transaction. You should consult the Terms and Conditions governing your funding instrument for more information about any such fees. We shall not be liable for taxes, fees or costs imposed by third parties.
8.6 In case where your Account has been blocked by us or by the Financial Institution, providing to you the e-money and payment services for compliance or security reasons, or under order by a regulator, and this situation has not been rectified within a period of 2 (two) years from date of blocking, we shall be entitled to charge a Non-compliant fee in the amount of 15 EUR per month from any outstanding balance until rectification of the non-compliance or depletion of the funds in the Account, in which last case we have the right to Terminate the Agreement and close the Account.
9. Client liability9.1. When you use LeuPay Service as a Consumer you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument or from its misappropriation, before it is reported, up to a maximum of 50 EUR, unless you were able to detect the loss, theft or misappropriation of the payment instrument before the payment was made or the loss was caused by acts or lack of action of an employee, agent or branch of the Financial Institution. When you do not use LeuPay Service as a Consumer you shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect transactions, as a result of lost or stolen payment instrument or from its misappropriation or incorrect payment orders. When you do not use LeuPay Service as a Consumer, you agree that all payment transactions with your LeuPay Account or Card or other payment instruments will be considered as authorized by you if they are registered in the system of the respective Financial Institution. In case that the unauthorized transaction was made through a third-party payment service provider approved by the payment initiation service, we shall immediately refund the amount involved in said unauthorized transaction no later than by the end on the next working day. If applicable, the status of the debited account shall be restored to the state it would have been had the unauthorized transaction not been made, nothwistanding any rights of recourse to which we may be entitled against the payment service provider. Your liability cap of 50 EUR maxcimum arising from unauthorized transactions under the terms set out in the above paragraph shall likewise apply in the event of transactions made through a third-party payment service provider.
9.2. However, you shall be fully liable for all losses incurred in respect of unauthorized transactions and/or all damages, notwithstanding the amount of the losses or damages, if you have acted fraudulently or have, with intent or gross negligence, failed to comply with the Agreement or law, including your obligations to preserve the security of your Identifying Credentials, providing access to your Account, e-money or Card or other.
9.3. You shall be entitled to redress losses (excluding fees or interest in case of when you are not a Consumer) incurred by you in respect of unauthorized or incorrect transactions made after you have informed us for the unauthorized or incorrect transaction and we have been able to block the Account and/or Card or other payment instrument without undue delay in the day when your Account was debited or within 7 (seven) days afterwards, and in case where you act as Consumer, no later than any longer period after the debit date, as provided in applicable legislation in the interest of consumer. We will, on your request, make efforts to trace the transaction and notify you of the outcome. Where you are entitled to a redress, we will refund the amount of the unauthorized transactions, less applicable fees as per Tariff, by crediting your Account. In the case of an unauthorised payment transaction, which debits your Account, including where the unauthorized transaction was made through a third party authorised payment initiation services provider (PISP), we shall refund the amount of the unauthorised payment transaction immediately, and in any event no later than by the end of the following business day, after being notified of the unauthorized transaction by you or your legal representative (in case of legal entities), except where we have reasonable grounds for suspecting fraud and communicate those grounds to the relevant national authority in writing. Where applicable, we shall restore the debited account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for your account shall be no later than the date the amount had been debited. You have to inform us via your registered e-mail in case of unauthorized transaction and request a refund. You have to be fully identified and verified and your account has to be in good standing and not blocked for security or compliance reasons.
9.4. You agree to indemnify, defend and hold us harmless, from and against any losses or negative balance on Account or Cards, which we 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, 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. You agree that we are authorized to satisfy immediately as they become due any of your obligations by debiting or withdrawing directly funds from your LeuPay Account, or from Security provided by you (if Security is provided), or any outstanding sums owed by us to you, including by debiting or charging your Funding instrument. We shall inform you via LeuPay 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.
9.5. In case of delay for payment of amounts due to us you 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.
9.6. We shall be released of liability in the case that a card is not accepted by a Retailer or Bank that has undertaken to sell goods or render services paid for by card or in the event of incidents of a technical or operational nature that affects ATMs. We shall be held harmless from any incidents and liabilities that may arise from transactions conducted between us.
9.7. The ultimate liability with regard to your claims related to cards with the logo of the Card Organizations is with the Issuer.
10. Termination of Agreement10.1 You acknowledge and agree that we may stop providing the Service to you, as provided in the Agreement. You may stop using the Service at any time, without need to inform us. The Agreement will continue to apply until terminated either by you or by us, as set out below.
10.2 If you want to terminate Legal Agreement with us, you may do so immediately and without charge for termination at any time by:
(a) Notifying us, in accordance with clauses for communication by you and us below; and
(b) Closing your Account for the Service, including withdrawing or redeeming the available balance of e-money; and
(c) Return of your Card to us.
10.3. In case of any risk of Damages for us, resulting from reversals, chargebacks, claims, fees, fines, penalties, your non-compliance with AML/FT or other regulations and other similar liabilities arising from your use of the Service, we may hold your 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. You will remain liable for all obligations arising under this Agreement even after Termination of Agreement and/or closing of Account.
10.4 We may, at any time, terminate the Agreement with you without notice if:
(a) You have 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 you do not intend to or you are unable to comply with the material provisions of the Agreement); or
(b) We are required to do so by law or Regulations of Card Organizations or other Organizations (for example, where the provision of the Service to you becomes non-compliant with the Regulations).
10.5 Unless a shorter period is provided in this Agreement, as permitted by law, we may, at any time, terminate the Agreement by giving you two (2) months' notice.
10.6 When this Agreement comes to an end, all of the legal rights, obligations and liabilities that you and we 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.
10.7 Redemption of e-money upon closing of Account:
10.7.1 Upon closing of the Account at your request, you are entitled to request personally via e-mail from your registered e-mail for the Service to redeem (buy back) all available Balance of e-money, less all applicable fees upon closing of LeuPay Account and termination of the Agreement (if such are applicable). Subject to the successful completion of the applicable due diligence, anti-money-laundering, fraud and other illegal activity checks of every request for redemption by you, the Financial Institution 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. The Financial Institution shall initiate transfer of the remaining amount to your personal bank account, which has to be in one of the currencies, supported by us, as notified by us on the website for the Service.
10.7.2 We are not liable for incorrect transactions based on false or incomplete information. We 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.
10.7.3 You cannot request and you are not entitled to e-money redemption if there is no balance available in your Account for whatsoever reason or balance is not enough to cover the fees for redemption.
10.7.4 If the outstanding amount of e-money cannot be redeemed in accordance with this clause, you have 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 your Account becomes our property. For the purposes of this clause, the Agreement terminates when you are no longer able to use your e-money for the purpose of making Funding and/or Payment transactions or for 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 you agree to provide the information requested by us in order for us to complete these checks. Nothing in this clause limits our right to terminate the Agreement, pursuant to the other clauses of this Agreement or the law.
10.5 Death and Change in Legal Status
10.5.1 Individuals: We will assume that the relationship between us persists until we are notified in writing about your death. We must be notified by who is legally vested with the rights and obligations to act on behalf of your affairs and will take instructions from him/her/them. Such person may be the heir, legatee, administrator, executor or otherwise. We shall be entitled to receive to its satisfaction such evidence, at your cost, as may be required by us to establish the proper entitlement and authority of the person claiming to be in charge of acting on behalf of your affairs and the Bank shall not be bound to act upon such instructions until such time as we are satisfied of such authority.
10.5.2 Legal Entities: In the event that you are placed into liquidation, bankruptcy or administration or any other analogous process wherein a liquidator, curator or trustee or similar officer is appointed and in whom legal authority and representation is vested, to the exclusion of the persons you may have nominated, we shall be entitled to receive to its satisfaction such evidence, at your cost, as we may require to establish the proper entitlement and authority of the person claiming power to give us instructions and we shall not be bound to act upon such instructions until such time as we are satisfied of such authority. In case where the legal entity or organization is dissolved, the succssessor of the assets (money) in the Account has to provide to the bank a legal document, proving that he is the succssessor of the assets in the Account and you are entitled to these assets. The Bank may have additional requirements for identification and verification of a succssessor of the assets in the Account or other documents prior to providing access to the Account or order of the money to the succssessor.
11. Limitation of Warranties:11.1 We make no express warranties or representations with respect to the provision of the Service. In particular, we do not warrant to you that:
(a) Your use of the Service will meet your requirements or expectations;
(b) Your use of the Service will be uninterrupted, timely, secure or free from error; and
(c) Any information obtained by you as a result of use of the Service will be accurate or reliable.
11.2 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.
11.3 Nothing in the Agreement will affect those mandatory statutory rights to which you are entitled as a consumer and that you cannot contractually agree to alter or waive.
12. Limitation of Liability:12.1 Nothing in the Agreement will exclude or limit our liability for losses which may not be lawfully excluded or limited by this Agreement or by applicable law.
12.2 Subject to the previous Clause, we will not be liable to you for:
(a) Any indirect or consequential losses which may be incurred by you. 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 you;
(b) Any loss or damage which may be incurred by you as a result of:
(i) Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser whose advertising appears on the Service;
(ii) Any change which we 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 your use of the Service;
(v) Your failure to provide us with accurate Account information; and
(vi) Any fraudulent use of the Service or attempt for fraudulent use by you or third parties related to you;
(c) Any compensation for fees or interest paid or levied on you who are not Consumers, as a result of non-performance or incorrect performance of a payment transaction.
12.3 We do not assume any responsibility for the information provided by you or other persons to any third parties upon which we cannot influence or control in any way. You acknowledge and agree that we are not liable for any damages or claims resulting from your use or visit on third parties’ websites.
13. Changes to the Agreement:13.1 You agree that we may make changes to the Agreement from time to time. We shall give you two (2) months' notice of changes in the Agreement, unless shorter period is necessitated by a Regulatory change, or is allowed by law, by notification-mail sent to your e-mail registered for LeuPay Service before their proposed date of entry into force. In case we make changes to the non-payment services, we shall give you an one (1) month notice in your Online account or via e-mail, unless shorter notice is allowed by the law.
13.2 You understand and agree that you will be deemed to have accepted the changes unless you notify us 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.
13.3 Nothing in this Section will limit:
(a) Our 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 you by using the new feature. Such revisions may take place using a method chosen at our discretion, and such method may also include email communication or publication on the Website for the Service or in LeuPay 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.
13.4 We may introduce innovations, improvements, developments, new functionalities, upgrade Accounts or amend the names of Accounts or products unilaterally and without your consent, for which we shall inform you via e-mail or via the Website for the Service.
14. Communications and Notices14.1 All information will be made available or provided to you in an easily accessible manner, in easily understandable language, in a clear and comprehensible form and in English and other languages supported by us. For each transaction made through the Service we shall provide to you information about its execution deadline, the fees to which you shall be subject and, if applicable, a breakdown of the fees, provided such information is requested prior to execution. Furthermore, once the fees have been debited from your LeuPay account, we shall provide you with the following information:
(i) a reference number that enables you to identify each payment and, if applicable, information about the beneficiary;
(ii) the amount involved in each payment;
(iii) the amount of any fees charged and, if applicable, the corresponding breakdown; and
(iv) the date of debit or receipt of a payment order. You are entitled to request this information to be provided or made accessible regularly, at least once a month, free of charge, provided you are allowed to store this information and reproduce it without changes.
14.2 You agree that we may send notices and other communications to you via your Online account for the Service or via the LeuPay Mobile App, or via e-mail or other reasonable means to any matter relating to your use of the Service, including the Agreement (and revisions or amendments to the Agreement), notices or disclosures regarding the Service and payment authorizations.
14.3 Particular communications will be handled as follows:
(i) The Agreement will be provided in the Website and/or the LuePay Mobile app at the sign-up and will also be available on the website for the Service and in your Online account;
(ii) Notifications on changes to this Agreement after the sign-up will be provided via e-mail ;
(iii) Except where this Agreement provides otherwise, a notice to terminate this Agreement will be provided via e-mail;
(iv) Information about balance or transactions or statements will be made available in transaction history in your Online account ;
(v) Information about a suspension of the Service and about the rejection of transactions with e-money will be made available in your Online account or via e-mail.
14.4 Any notice sent to us under this Agreement has to be sent by registered post addresses of registered office, as applicable:
Att: LeuPay Ltd
20 Kentish Town Road, London, England, NW1 9NX
For E-money account and all payment services:
The Financial Institution in your Legal Agreement for LeuPay Account
14.5 In the following urgent cases, you have to notify us immediately and without delay:
(i) Notification of loss, theft, unauthorized use or security breach must be made immediately to the Contact Center on numbers stated on website for the Service;
(ii) Notification of application for Card, redemption of e-money upon termination of this Agreement should be sent via e-mail to the e-mail address published on the Website for the Service or via the Online account.
(iii) Notification by you that you do not agree to the amendment of the Agreement and wish to terminate the Agreement prior to entry into force of the amendments has to be sent from you via your registered e-mail for the Service.
(iv) Notification by you that you complain about certain services have to be sent via your registered e-mail for the Service.
(v) Customers claims for refunds of unauthorized transactions have to be sent to us with clear explanation of the claim, reasons why do you believe that the transaction is unauthorized and a request for refund, via e-mail from your registered e-mail for the Service to the e-mail, published on the website for the Service: email@example.com. We reserve our right not to honour requests for refunds of unauthorized transactions made via the chat channel of communication
14.6 To help us continually improve our services and in the interests of security we may monitor and/or record your telephone calls with us.
15.2 You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not constitute a waiver of ours rights and that those rights or remedies will still be available to us.
15.3 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 to you, in your capacity of a Consumer, then that provision will be deemed void and will be removed from the content of the Agreement with you without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
15.4 You may not assign your rights under the Agreement or otherwise sub-contract or transfer any of your rights or obligations under the Agreement without our prior written consent.
15.5 We may transfer our rights and obligations under the Agreement to a third party, giving to you at least two-month notice previous the date of the transfer per e-mail or via LeuPay Mobile App unless such a transfer is required due to regulatory reasons. In case you disagree with such transfer we shall provide you the possibility to terminate the Agreement free of taxes, penalties or other.
15.6 Any claim or dispute arising under the Agreement or as a result of the provision of the Service should, in the first instance, be referred to us via the Mobile app and/or via your registered mobile number. You have to submit Complains in writing and clearly stating the reasons for complaint. Complaints of clients who have not been successfully identified and verified may not be responded, unless the complaint is related to the process of identification and/or verification of the client. We shall try to resolve the complaint, within reasonable term upon receipt of clear and correctly submitted complaint. We will then investigate and, where appropriate and necessary, take immediate action to rectify the situation. We also undertake to take the necessary steps to prevent a recurrence. All complaints will be acknowledged and you will be informed accordingly of the investigation’s outcome. If you are still dissatisfied with the outcome of the resolution, you may direct your complaint to the following regulatory bodies:
For Complaints related to our services:
The Ombudsmen and complaint handling bodies covering in the UK, which you may find at the following web page: http://www.ombudsmanassociation.org/find-an-ombudsman.php
Alternatively, the European Commission Online Dispute Resolution (“ODR”) is accessible via:
For Complaints related to e-money and payment services: See your Legal Agreement for LeuPay Account.
15.7 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 our IT systems, such as your Online account for LeuPay, the Card System of the Issuer, the Register of E-money or other software systems or platforms used by the Financial Institution in its capacity of regulated Institution or its Agents or sub-contractors, in the capacity of its authorized Agents or sub-contractors, licensed to use our software or platforms.
15.8 "LeuPay", "LeuPay Card", "LeuPay Account" and all related URLs, logos, marks or designs, scripts, graphics, interactive features and similar, software, interfaces, standard or special design of Pay Stickers or visualizations or other related to the Service, including logos and marks of Card Organizations are protected by our copyrights, trademark registrations or Patents or other of our intellectual property rights or of third party Licensor. You may not use, copy, imitate, modify, alter or amend, sell, distribute or provide them without our prior written explicit consent to do so in a separate Agreement.
15.9 This User Agreement and the relationship between us shall be governed by English law, subject to your local mandatory rights. For complaints that cannot be resolved otherwise, you submit to the non-exclusive jurisdiction of the English courts arising out of or relating to this User Agreement or the provision of our Services. In simple terms, “nonexclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from this User Agreement against us in Court, an acceptable court would be a court located in England, but in case you are a consumer you may also elect to bring a claim in the court of the country as per your permanent residence.