Terms & Conditions

Definitions

In this Agreement:

"Agreement" means this agreement including any Schedules, and any amendments to this Agreement from time to time;

Charges" means the following amounts:

such amounts as may be agreed by the parties in writing from time to time;

"Date" means the date of execution of this Agreement.

"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, internet domain names, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

"Minimum Term" means, in respect of this Agreement, the period of 12 months.

"Schedule" means any schedule attached to the main body of this Agreement.

AGREEMENT

1. Prohibited Transaction means any of transactions or activities as listed below or as may be subsequently made available on the Website from time to time:

i. Sale, supply or purchase of illegal items or items promoting or facilitating illegal activities;

ii. Products or services for the processing or aggregation of payments by third parties;

iii. Money laundering;

iv. Terrorism financing or propaganda;

v. Pornography, escort services and selling and/ or advertising sexual services;

vi. Using the Card or Wallet Account in a manner and/or for purposes that violated any applicable law and/or regulations of the Card Organisation or SEPA.

2. Banking Account/Card Related Services

i. The process may involve you providing us a valid passport / ID card and a bank statement/Address proof or other identification documents, as well as a selfie, together with the presented identity document in real time, or any other procedure we may specify. We may use ID verification agencies or other automated platforms to verify your identity. We or financial /banking partner may require you to provide additional information at any time for the duration of this Agreement.

ii. Banks/MasterCard may refuse to approve any transfer/payment process or its services for any reason as per against compliance and financial institutions or card provider or if security breach arise.

iii. The Wallet Accounts and Card are issued to individuals or business director only. You may only use your Accounts and Card personally and do not have the right to transfer the use to anyone else. In case you allow access to or provide any other means to use your Account or Card to any other person, you will bear full responsibility for all payments initiated by them.

iv. You must not use your Account or Card for or in relation to (including sending or receiving proceeds from):

• any activities which do not comply with any applicable laws or regulations, including but not limited to laws relating to money laundering, fraud, financial services or consumer protection;
• Prohibited Transaction under this Agreement; or
• Illegal, trading or business purposes

3. GIVING INSTRUCTIONS FOR CARD PAYMENTS

You give us an instruction and consent to a payment made using your Card using any one of the following methods: in case of online payments for goods or services online or via the phone: by providing your Card details and a one-time payment code or other security information or credentials, when requested. o Merchants in certain business sectors (e.g. car rental companies, Ads Subscriptions or SaaS services, hotels and other service providers) estimate the amount of the final Card payment to them and require to “pre-authorise” or withhold the estimated amount on the Card. Sometimes, that withheld amount may exceed the final amount spent. In such cases, the initially withheld funds will not be available to you for up to 15 days until the final Card payment request is received by us or released by the merchant.

4.CARD ISSUANCE, LOADING, ACTIVATION AND REPLACEMENT

• Each Card has a validity period within which you may use the Card. If your Card is physical, it will expire on the last day of the month/year indicated on its front. If your Card is virtual.
• Service Provider will issue the Debit Card within 4 weeks business day the date your application is accepted and, if the Card is not virtual, will deliver it to you personally at your address given.
• If your Card is virtual, the Card will be made available to you via the Web/App immediately after your application is approved by financial partner or service provider.
• You will be provided with a PIN to use with your Card. You can change your PIN at an ATM.

5. ACCOUNTS/CARDS SERVICES

i. I. Cardholder web access with following modules or functions:

(a) Account Balance

(b) Card Setting

(c) Transactions

(d) Notifications

(e) Cardholder-Preferences and Profile management

ii. Customer Service including the following modules or functions:

(a) Live Operator Help

(b) Email Support

License

We grant you a limited, non-exclusive, non-transferable, and revocable license to use LubyPay for your personal and non-commercial purposes, subject to these terms and conditions and our privacy policy. You may not copy, modify, distribute, sell, or lease any part of LubyPay, nor may you reverse engineer or attempt to extract the source code of LubyPay, unless you have our written permission.

Registration and Account

To use LubyPay, you must register and create an account with us. You must provide accurate and complete information when creating your account and keep your account information updated. You are responsible for maintaining the security and confidentiality of your account and password, and for any activity that occurs under your account. You must notify us immediately of any unauthorized access or use of your account. We are not liable for any loss or damage arising from your failure to comply with this requirement.

Payment Services

LubyPay allows you to link your bank account, credit card, debit card, or other payment methods to your LubyPay account, and use them to make payments to merchants or other users who accept LubyPay. You are solely responsible for verifying the identity and authenticity of the recipients of your payments, and for ensuring that you have sufficient funds or credit to complete your transactions. We are not responsible for any errors, delays, or failures in processing your payments, or for any losses or damages arising from your use of LubyPay payment services.

Fees and Charges

We do not charge you any fees for using LubyPay, except for any fees imposed by your bank, card issuer, or payment service provider. You are responsible for paying any such fees, as well as any taxes, duties, or levies that may apply to your transactions. We reserve the right to change or introduce new fees or charges for LubyPay at any time, with prior notice to you.

Restrictions

You agree not to use LubyPay for any illegal, fraudulent, or unauthorized purposes, or in any manner that violates any applicable laws, regulations, or policies. You also agree not to:

• Use LubyPay to send or receive money that is derived from or intended for any unlawful or prohibited activities, such as gambling, money laundering, terrorism, or tax evasion.
• Use LubyPay to send or receive money that infringes or violates the rights of any third party, such as intellectual property rights, privacy rights, or contractual rights.
• Use LubyPay to send or receive money that is false, misleading, or deceptive, such as counterfeit or stolen goods, or fraudulent or fake invoices.
• Use LubyPay to send or receive money that is harmful, abusive, harassing, threatening, defamatory, or hateful, or that promotes or incites violence, discrimination, or hatred.
• Use LubyPay to send or receive money that is obscene, pornographic, or sexually explicit, or that violates the dignity or morals of any person or group.
• Use LubyPay to send or receive money that is excessive, unreasonable, or disproportionate to the value of the goods or services provided, or that constitutes a pyramid scheme or a cash advance.
• Use LubyPay to send or receive money that is in breach of any contractual or fiduciary obligations, such as insider trading, or that conflicts with any professional or ethical standards.
• Use LubyPay to send or receive money that is in violation of any sanctions, embargoes, or restrictions imposed by any government or authority, or that supports or facilitates any prohibited or restricted entities or activities.
• Use LubyPay to send or receive money that is in contravention of any anti-money laundering, anti-terrorism, or anti-corruption laws or regulations, or that fails to comply with any reporting or verification requirements.
• Use LubyPay to send or receive money that is in circumvention of any limits, controls, or safeguards that we may impose on your LubyPay account or transactions, such as transaction limits, verification procedures, or security measures.

We reserve the right to monitor, review, suspend, cancel, or refuse any transactions that we suspect or determine to be in violation of these terms and conditions, or any applicable laws, regulations, or policies. We also reserve the right to report any suspicious or unlawful activities to the relevant authorities, and to cooperate with them in any investigations or prosecutions.

Intellectual Property Rights

We own and retain all rights, title, and interest in and to LubyPay, including but not limited to its software, design, features, functionality, content, trademarks, logos, and other intellectual property. Nothing in these terms and conditions grants you any rights or licenses to use or reproduce any of our intellectual property, except as expressly permitted by us. You agree not to infringe or challenge our intellectual property rights, or to assist or encourage anyone else to do so.