PAY.COM Terms and Conditions

Introduction

PAY.COM (available from: www.pay.com.) is provided by SafeCharge (Cyprus) Limited. SafeCharge Limited is an authorised electronic money institution regulated by the Central Bank of Cyprus. SafeCharge Limited’s licence number is 115.1.3.9 and its main office is at 148 Strovolos Avenue, Strovolos, 2048, Nicosia, Cyprus. The registered address is 9 Kafkasou Street, Treppides Tower, Aglantzia, 2112, Nicosia, Cyprus.

These terms and conditions form part of a LEGALLY BINDING AGREEMENT between you and SafeCharge Limited (“PAY.COM”, "we" and/or "us") in relation to the use of your account, any physical card and/or ancillary service. By registering for your account, you agree that you understand, accept and shall comply with these terms and conditions, the policy on cookies, the privacy policy, the table of fees and limits, the statement on copyright and any amendments to them as notified to you, and any other document which you are required to accept in connection with the provision of the account (together, the “Agreement”).

These Terms and Conditions may change from time to time. Notice of the change will be published on www.pay.com. If they do change you will have the right to inform us that you wish to redeem the funds from your account because of the proposed changes. No fee will be applied to the redemption if you decide that you don’t want accept the new terms and conditions.

If you don’t respond to the notice of the proposed changes, or proceed in accordance with the revised terms, we’ll take this as acceptance of the new Terms and Conditions, but we’ll contact you to tell you that we’ve taken your inaction as acceptance. The latest version of these Terms and Conditions and the related documents is available from: www.pay.com.

Please make sure you fully understand the contents of the agreement. If you do not agree with any parts of the agreement, you must notify us immediately and you may not use the services offered by us nor continue with the process of application and registration. An account may only be issued to a natural person over the age of eighteen, who resides in a jurisdiction that is within the European Union and who holds an active mobile telephone number. We would like to help you to use PAY.COM in the safest way possible, so this document contains some advice and rules for using PAY.COM and related services.

These Terms and Conditions are applicable to consumers that wish to use PAY.COM. If you wish to use PAY.COM in a capacity other than as a consumer, please contact Customer Support.

The headings and sub-headings below are for reference only and do not limit the scope of each section. In this document, unless the context requires a different interpretation:

  • the singular includes the plural and vice versa;
  • "including" is understood to mean "including without limitation"; and
  • reference to any statutory, agreement, term, condition or other provision includes any modification or amendment of it.
Definitions

In these Terms and Conditions, the following expressions shall have the following meanings:

Account

An account containing one or more currency accounts, which in turn, may incorporate a MasterCard© number and may also include a physical card issued to you pursuant to this agreement. In this document when we refer to an account it should be read as relating to a currency account, all currency accounts and/or the Card.

Account holder

The individual that has entered into the agreement with us in relation to the use of the account and that has been granted a limited licence to use a PAY.COM account.

Account password

The password that the account holder creates in the course of registration. This may be changed via the website. The account password is required to access the account.

Agreement

This has the meaning set out in the preamble to these Terms and Conditions.

ATM

An automated teller machine or cash dispenser bearing the MasterCard logo.

Account balance

The amount of electronic money in the currency account.

Card

A virtual or physical PAY.COM MasterCard.

Card PIN

The personal identification number for a physical card. This PIN can be retrieved by you online at www.pay.com. Certain transactions require a card PIN.

Charges

The charges and fees applicable to your account. These are set out in the agreement and in the Table of Fees and Limits.

Currency account

A prepaid account in the Euro or Great British Pound (GBP) Sterling currency and associated MasterCard number which may be linked to a physical card issued to you pursuant to this agreement.

Customer Number

A number that appears on the back of the card. This number is used as a reference by Customer Support whilst they assist customers with queries.

Customer Support

An email service provided by PAY.COM’s Customer Support team. This email service addresses queries and requests from account holders in relation to the activation and use of their account.

Know your customer

The activities that we must undertake to identify our customers. This includes the verification of certain information provided to us. This may include electronic checks against databases (such as the telephone directory and electoral roll) to verify the information that you provided. It may also include engaging third party service providers to examine identification documents that you provide.

MasterCard number

The account number, associated expiry date and (in the case of physical cards) a CVV2 number associated with a MasterCard.

Merchant

A retailer or any other legal or natural person that displays the MasterCard logo and that accepts prepaid MasterCard payments.

Micro-transaction

The process whereby a small withdrawal of £1 or €1 is made from your debit or credit card account. The corresponding transaction description on your statement will contain a code. In some circumstances, it may take up to three days for the transaction and code to appear on your account. You must complete the micro-transaction procedure and enter the code on the PAY.COM website or application to verify each card that you associate with your account. Verification of some of the information that you have provided is required by law and you cannot complete the initial registration until the process has been completed.

Mobile application

The PAY.COM mobile application which may be available from your application store.

P2P

Person to person. This is a transaction that is between individuals that hold Gold or Black PAY.COM accounts.

Physical card

A contactless enabled prepaid MasterCard Card linked to your account. A contactless card is one that does not have to be entered into a point of sale device to operate.

Service

An account, one or more virtual cards and, in some circumstances, a physical MasterCard including related and ancillary services.

Table of Fees and Limits

The table setting out the fees, charges and the limits on transactions that applies to your account. The content of the table and the applicable fees and limits may change. The table is available from the website www.pay.com.

Terms and Conditions

These Terms and Conditions, attachments, associated documents and those Terms and Conditions set out in any product leaflet, website, mobile application or other documentation whether or not they are in electronic form.

Top up, topping up or topped up

The adding of funds to a currency account.

Transaction

Any account activity conducted on your account that alters the balance of the PAY.COM account.

We, us, our or ourselves (or any other variations thereof)

SafeCharge Limited and/or any other person or entity to whom SafeCharge Limited may transfer or assign rights and/or obligations now or in the future.

Website

www.pay.com and associated websites.

You

The person entering into this agreement for the purposes of becoming the holder of a licence in relation to an account.

1. Your account

1.1 You are required to read and accept these Terms and Conditions before the agreement can be deemed to have been made and account can be created for you.

1.2 By agreeing to these Terms and Conditions you confirm that you are eighteen years of age, or older, and that you have the legal capacity to enter into legally binding agreements under applicable law.

1.3 Agreeing to these Terms and Conditions also constitutes acceptance of the agreement and confirmation that all of the information provided by you to us in connection with the agreement is true, accurate and not misleading.

1.4 Your account is issued by us in our capacity as an authorised Electronic Money Institution and any virtual or physical card is/are issued by us under licence from MasterCard. Upon the conclusion of a valid agreement, you will be granted a limited licence to use the account. The account shall remain the property of PAY.COM at all times. The account is not transferrable.

1.5 Following registration of your account, your account may be topped up in accordance with the rules set out in the agreement and the applicable limits set out in the Table of Fees and Limits.

1.6 We, at our sole discretion, may refuse to issue an account and/or a virtual and/or physical card or to issue a replacement for any of the aforementioned where we have reasonable grounds to believe that doing so would facilitate a breach of the agreement or would not be conducive to the conduct of business in an orderly and/or compliant manner.

1.7 You may request a currency account denominated in British Pounds Sterling or in Euro. You can have a maximum of two currency accounts: one in Euro (€) and one in GBP Sterling (£). You may not hold two currency accounts denominated in the same currency.

1.8 Your account and any card connected to it are issued to you for use by you only, and it/they should not be used by any other person. If we determine that your account(s) is/are being used by any person other than you, we may suspend, deactivate and/or close it/them. Your account must only be used in accordance with these Terms and Conditions. Third parties are not permitted to register or otherwise acquire or operate an account on your behalf. You may not top-up your account with a card that is not in your name.

1.9 PAY.COM is not a bank and does not act as a trustee, fiduciary or escrow holder in respect of your account balance or the funds thereon. You acknowledge and agree that PAY.COM accounts are not insured and that you are not eligible, to nor will PAY.COM, SafeCharge, its agents or affiliates, pay you any interest on your balance on your account.

1.10 In the unlikely event that SafeCharge Limited becomes insolvent, there is a risk that you may lose the balance on your account. However, we have taken all steps that we deem necessary, and in compliance with applicable law, to ensure that your account balance or the equivalent value is held in such a manner that it is protected against claims from SafeCharge Limited’s other creditors. In particular, we have arranged for a value equivalent to your account balance to be segregated and held on a trustee basis with a third party bank.

1.11 You must ensure that the balance on your account is sufficient to meet the value of any transaction (including any value added tax (VAT) and any other taxes or charges that apply in respect of a transaction) that may be debited from your account. Each time you carry out a debit transaction and/or a chargeable transaction, the balance on your account will be reduced by the complete amount of that debit transaction and the value of any applicable charge or fee (including any VAT, and any other taxes or charges that apply in respect of the transaction).

1.12 It is your responsibility to check your account balance regularly. You can check your account balance on the website, via the mobile application or by contacting Customer Support.

1.13 You must not use, or attempt to use, your account where the value of the proposed transaction (including any VAT and any other taxes or charges that apply in respect of the transaction) exceeds the balance on your account, or where your account has expired, been terminated or suspended. If, for any reason, a transaction (including any VAT and any other taxes or charges that apply in respect of the transaction) is processed which is greater than your account balance, you must repay us the amount in excess of your account balance amount in full within 14 days of being notified by us. We reserve the right to take all steps necessary, including taking legal action, to recover the outstanding funds.

1.14 Some on-line merchants will not deduct payment from your account balance until such time as the goods are dispatched. Please be conscious of any potentially outstanding transactions of this nature when examining your account balance and ensure that sufficient funds are available on your account to satisfy the costs associated with any pending or future transactions.

1.15 When you make a payment using your account, the amount of the transaction (including any VAT and any other taxes or charges that apply in respect of the transaction) will normally be deducted from your account balance immediately. In accepting these Terms and Conditions you acknowledge that we are not obliged to carry out transactions or debit your account pursuant to particular transactions in any particular order.

1.16 You will be responsible for all transactions which you have authorised on your account.

1.17 We will correct any error that we make in relation to your account balance.

1.18 We shall accept no liability and are not responsible for any loss arising if you do not have sufficient funds available to complete a transaction (including any VAT and any other taxes or charges that apply in respect of the transaction).

1.19 You are entitled to request a copy of these Terms and Conditions in a durable form. You may also view the Terms and Conditions (as amended) online at any time during which this agreement remains in force.

1.20 Your account may not be used for illegal transactions or to buy illegal goods and/or services. You should ensure that any transactions that you enter into online are not infringing any domestic or local laws and/or regulations.

1.21 You are specifically prohibited from using the account and associated MasterCard numbers:

(i) For any illegal purpose including without limitation in a manner which is contrary to laws, statutes or regulations concerning money laundering, fraud, the financing of terrorism, unlawful gambling, criminal activity, financial services, privacy, data protection, consumer protection and/or or any alternative payment method and/or card scheme rules.

(ii) In a manner that may be considered as an abuse or circumvention of your relationships and applicable usage restrictions with the respective merchants or your bank.

2. Our Obligations and Applicable Limits

2.1 If you believe that your PIN or account password have been compromised or obtained by any other person you must notify Customer Support as soon as possible. If you do not inform Customer Support promptly, you may be liable for losses that may arise.

2.2 We are firmly committed to meeting our obligations related combating money laundering and the financing of terrorism. We maintain and follow a strict ‘Know Your Customer’ policy and apply additional validation checks as may be applicable from time to time. The policy and checks are affected by applicable anti money laundering and terrorist financing rules and regulations and as such may change from time to time and may differentiate between types of accounts, activities etc. Certain activities and monetary limits and volumes may only be allowed once you have passed the ‘Know Your Customers’ checks by providing us with the identification documents. We will also take steps to validate the information that you provide to us. This may include comparing the information and documents that you provide to use with that available from commercially available resources and service providers. Information on limitations and required documentation will be provided to you. From time to time we may ask from you to confirm elements or all of the information or for additional or different information. We may also ask for documentary evidence to validate the information that you have provided.

2.3 Once You have accepted these Terms and Conditions You may Top Up or increase the balance on Your Account. There are limits on the amount and frequency with which you may increase the balance on Your Card. These limits vary depending on the type of card that you have.

2.4 In furtherance of our compliance with laws and regulations related to money laundering, the financing of terrorism, international tax reporting and scheme rules, we have imposed certain thresholds and limits on certain activities. Some of these limits may be raised by providing additional documentation and/or information. These thresholds and limits are applied to the amount of funds that can be added to an account, that can be spent, and that can be withdrawn. There are daily, weekly, monthly and annual limits.

2.5 These thresholds are subject to change and may be examined in the Table of Fees and Limits.

2.6 We reserve the right to request evidence of your identity, address, source of funds, source of wealth or other information at any time. Your account may be suspended and/or terminated if you do not provide the information that is required.

2.7 Your account balance may be increased by using a debit or credit card, by adding funds from your bank, by receiving funds from other PAY.COM users, or by using such other means as are available from time to time.

2.8 Funds from transactions with debit or credit cards will usually be added to your balance within ten minutes. You may only add funds using a card that is in your name. Funds from your internet banking facility will usually be available within three to five business days. These timelines are indicative only. We cannot guarantee that your account will be credited within a particular timeframe. When transferring funds from a bank, it is vitally important to enter your customer number as a payment reference. The payment reference that should be used is the account that you wish to credit.  

2.9 If the funds received are in a different currency to your PAY.COM account, any applicable currency conversion rate applied by the financial institution and any associated charges will be applied in addition to the applicable fee(s) set out in the Table of Fees and Limits. The remaining amount will be credited to your PAY.COM account.

2.10 If you make a transaction in a currency other than the currency in which your account is denominated, and subsequently receive a refund, the amount refunded may be more or less than the amount of the initial transaction if there has been a change in the comparative exchange rates. Transaction fees may also be payable. Consider the restrictions on your account and determine if it is necessary to apply for a card with higher limits when engaging in transactions.

2.11 Any transaction in a currency other than the currency in which the account is denominated will be converted at a rate of exchange that will be illustrated in the transaction history.

3. Authorisation of Transactions

3.1 Account Transactions are regarded as authorised where you authorise the transaction by following whatever instructions are provided by the merchant.

3.2 Once you have authorised a transaction you cannot discontinue that transaction.

3.3 Statements illustrating transactions and charges are available from the website and application. These statements can be printed and retained by you.

3.4 When you use your account to purchase goods and/or services, the transaction will be subject to the terms and conditions of the retailer of such goods and/or services and/or by any payment service provider or processor. Additional charges may apply in respect of such purchases. We do not provide any warranties, representations, conditions or guarantees with respect to retailers’ goods and/or services or such transactions. You should carefully review the Terms and Conditions of any such retailer, payment service provider or processor before making any purchase, making any transaction or entering into any contract. This should include any terms affecting your eligibility to do so in these terms and conditions or elsewhere.

3.5 In some circumstances a merchant or PAY.COM may require you to have an account balance in excess of the value of a proposed transaction in order to proceed. When your card is used to enter into a transaction with certain merchants (including some bars and restaurants), an additional amount (typically 10% to 20% of the value of the purchase price) may be deducted as an anticipated service charge or tip. When a physical card is used to purchase fuel at an automated fuel pump, a minimum amount which may be in excess of €100 (or the Sterling equivalent) may be temporarily deducted from your balance. This additional balance is required to ensure there are sufficient funds available to meet the ultimate cost of the fuel. It may take up to ten days from the date of the transaction for these additional deductions to become available.  Only the actual amount of the final bill agreed between you and the merchant will be permanently deducted from the account. For further information please refer to the frequently asked questions section available at www.pay.com.

4. Charges and Fees

4.1 A number of fees and charges are applicable to the account. These are set out in the Table of Fees and Limits. The Table of Fees and Limits is available from www.pay.com.

4.2 We will charge you the fees illustrated in the Table of Fees and Limits or as specifically indicated in this agreement in relation to activity (or lack thereof) on your account. You are personally responsible for the payment of all fees and charges owed to us. Fees and any other funds owed to us will be deducted from your account. By accepting these Terms and Conditions, you specifically authorise us to make such deductions.

4.3 Fees may be amended; revised or new charges may be introduced from time to time.

4.4 If there are not sufficient funds in your account to pay fees, charges or other dues owed to us, you must pay us the monies owed by an alternative means within three days of our notice to you. All bank transfers and charges of settlements described in this section shall be borne solely by you. Failure to pay the fees on or by the due dates will entitle us to exercise remedies, including but without limitation to, the right to interest at the maximum rate permitted by applicable law.

4.5 Changes to the reference interest rate or to the exchange rate shall apply immediately, without prior notice. We are not responsible for any charges or fees that may be imposed by merchants and in this respect, no liability will be borne by us. We encourage you to familiarize yourself with any such charges or fees and determine whether you wish to proceed with the particular transaction.

4.6 It is possible to redeem at any time at par value. There is no minimum threshold for redemption. A proportionate and cost-based fee may be applied.

5. Security

5.1 You must take all available reasonable steps to prevent the account, account password, physical cards, and card numbers (whether virtual or physical), CCV numbers, and card PIN from being lost, stolen, compromised and/or obtained by another person. You should never keep your card PIN with the card or disclose your card PIN or account password. We’ll never ask you for this information and you must never make this information available to any person.

5.2 You must not allow anyone else to use your account, account password, virtual card, physical card or card PIN. You must immediately inform Customer Support if your account has been lost, stolen or compromised, or you know, or think that someone else is using, or has tried to use your account or card.

5.3 You may only disclose the card number to third parties in order to carry out a legitimate transaction.

5.4 Your account and any associated card remains the property of SafeCharge Limited. If we ask you to return the physical card, you must return it to the address that will be provided to you.

5.5 If any change to your personal information and/or contact information including; mobile telephone number, postal address, and/or email address is required, you must contact Customer Support immediately. You can change certain details on the www.pay.com website and on the application. For compliance and security reasons, is not possible to update your residential address via the website. You may be required to provide documentary evidence to support the change e.g. we may request new documents evidencing a change of address. We do not accept responsibility for losses or injury arising from inaccurate or incorrect information supplied by you. We reserve the right to terminate your account if the details provided by you are untruthful and/or inaccurate or if you fail to inform us of a material change.

5.6 If Customer Support suspects there to be a threat to the security of your account, or that a fraud is being perpetrated on the account, account password, physical card, virtual card, or PIN and Customer Service consider it reasonably necessary, Customer Support may at any time suspend, restrict or cancel the account and/or refuse to replace the account. Customer Support will make reasonable efforts to inform you before taking this action. You may request that the suspension be lifted by contacting Customer Support.

5.7 There is no obligation upon Customer Card to prevent and/or detect fraud.

5.8 Unfortunately, we cannot guarantee that you will always be able to use your account, and we do not accept any liability for any loss or injury arising from such circumstance.

5.9 Consider that certain devices (computers, tablets etc.) and/or internet browsers have ability to store and/or save certain information related to your activity. This functionality is often referred to as ‘cookies’. We recommend that you disable this functionality when accessing your account.

5.10 Our service does not support older internet browsers.

6. Lost and Stolen accounts or Cards

6.1 Any person who enters the correct account username and password or who provides us with the correct answers to security questions will be able to access your account. We shall be entitled to treat any transaction conducted by a person or persons entering or providing such information as the authorised account holder and we are not responsible for any loss or damage arising therefrom

6.2 Your account should be treated as if is a cash wallet and kept safe. If the wallet is lost or stolen or compromised, you may lose some or all of the value on the wallet and the account associated therewith, in the same way as if you had lost a wallet or purse that contained cash.

6.3 You may be asked to give certain information to Customer Support so that they can be assured that they are speaking to the authorised account holder. You may also be asked to help us, our agents or the police or other law enforcement agencies, if your account is stolen or compromised and/or we (or another competent agency) suspect that there has been fraud or misuse. Similar measures apply where you have informed us that you wish to raise a dispute in relation to a transaction.

6.4 If you are concerned or suspect that your card or any element thereof has been compromised, you must immediately order a replacement card. If you are concerned or suspect that your account or any element thereof has been compromised, you must immediately change your password. You must notify us of any such concerns or suspicions immediately.

6.5 Where you have notified us that your physical card has been lost, stolen and/or compromised, and that card is subsequently found, or where the card is damaged or does not work correctly, you should notify Customer Support immediately. You should then cut the card through the magnetic strip, and then through the chip and dispose of each piece separately.

6.6 The replacement card fee (please see the Table of Fees and Limits) will be deducted from your account balance. Where the account Balance remaining on the account is less than the replacement account or Card fee, then we reserve the right;

(i) Not to reissue a replacement account or card, or

(ii) To deduct the relevant fee from your next top up.

7. Term, account Expiry, Cancellation, Termination and Repayment

7.1 This agreement (and, for the avoidance of doubt, the constituent elements thereof, as may be amended) shall endure and shall not expire unless it expires, or is terminated in accordance with the terms of the agreement.

7.2 The expiry date for your virtual MasterCard is available in your account. The physical card’s expiry date is on the front of the physical card. A MasterCard number cannot be used after the expiry date. This should be considered the provisional termination date of the agreement. The agreement may be terminated before this date in accordance with these Terms and Conditions.

7.3 When a MasterCard number expires, a new MasterCard Number will generally be issued to you in the month of the expiry date. A new number will not be issued where:

(i) You request otherwise at least forty five days in advance of the expiry date; or

(ii) You have not made any transactions for a consecutive period of twelve months at a point in time forty-five days in advance of the expiry date.

7.4 You should destroy cards that have expired in the manner prescribed above.

7.5 You may cancel your account at any time. To cancel an account and request repayment of your account balance (redemption), please contact Customer Support.

7.6 You may at any time during the term of this agreement request repayment of your account balance. Please contact Customer Support to request redemption. You can also request this repayment from our website or mobile application. Redemptions are paid to an account in the name of the account holder. If you do not have a bank account in your name, please contact Customer Support to discuss alternative repayment arrangements.

7.7 We retain the right, in accordance with our legal obligations, to require you to submit suitable and valid identification documentation prior to the processing of any redemption.

7.8 If any account has no funds in it for a continuous period of twelve months, we may cancel the account upon providing you with two months' written notice.

7.9 If the account has an account balance, but is not topped up or used for a period of nine months, we may cancel the account after giving you two months' written notice. If there is no activity on the account for nine months, we will normally contact you by email to determine whether you wish to cancel your account and reclaim your account balance.

7.10 If your account has not been used for a period of nine months, we will begin to deduct an inactivity fee from your account balance. This level of fee applied is specified in the Table of Fees and Limits. This fee reflects the costs associated with maintaining the account.

7.11 We reserve the right to terminate or suspend your entitlement to use the account. Notice thereof may be served in writing, by post, e-mail, text message, by telephone or other means (whether electronic or otherwise).

7.12 Your account may be terminated by us at any time subject to giving you at least two months’ written notice.

7.13 Your account may be terminated upon a shorter written notice or without notice in any of the following circumstances:

a. If you breach any provision of this agreement (including but not limited to your representations and obligations) or any other provision applicable to our relationship;

b. If you fail to provide us with information that we require for the purposes of an investigation or compliance with our legal and/or regulatory obligations.

c. If we discover that any of the information that you provided to us was materially incorrect;

d. If you become bankrupt;

e. If we have reason to believe that you are in violation of any applicable law or regulation;

f. If we have reason to believe that you and/or your account are in any way involved in any fraudulent activity, money-laundering, the financing of terrorism, tax evasion or other criminal activity;

g. If we have reason to suspect your account has been compromised or is being used without your authorisation; and/or

h. If we are requested or expected to do so in compliance with guidelines set forth by regulators, authorities, courts and government bodies having jurisdiction.

7.14 Termination of your account for any reason shall mean the immediate termination of any virtual and/or physical cards associated therewith.

7.15 Upon the termination of the account for any reason, you shall immediately pay us all amounts owed by you under the agreement, and your rights to use the account and any other rights granted hereunder shall immediately cease.

7.16 Upon any termination of this agreement for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.

8. Restricted Activities

You may not, in connection with your use of our website, your Account, or the Services, or in the course of your interactions with PAY.COM:

8.1 Breach this Agreement (including, without limitation, open multiple PAY.COM accounts or breach any other agreement that you have entered into with us or any associated policy, term or condition);

8.2 Breach any law, statute, contract, or regulation (including, without limitation, those governing financial services and measures designed to combat money- laundering and the financing of terrorism);

8.3 Infringe PAY.COM’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

8.4 Act in a manner that is obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing;

8.5 Provide false, inaccurate or misleading information;

8.6 Fail to provide us with further information about you, your sources of wealth, source of funds or information on activities that we may reasonably request;

8.7 Refuse to cooperate with an investigation or to provide evidence of your identity or evidence to support any other information you provide to us;

8.8 Attempt to "double dip" or undertake any action which could amount to unjust enrichment during the course of a dispute by receiving or attempting to receive funds from both PAY.COM and the seller, bank, or credit card company for the same transaction;

8.9 Use an anonymous proxy;

8.10 Control an Account that is linked to another account that has engaged in any of these restricted activities;

8.11 Conduct your business or use the services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to PAY.COM, a user, a third party or to you;

8.12 Disclose or distribute another account holder’s information to a third party;

8.13 Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;

8.14 Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;

8.15 Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior express written permission;

8.16 Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the services associated therewith;

8.17 Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the PAY.COM and associated parties’ website(s) without our or any applicable third party’s written consent;

8.18 Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;

8.19 Use the service to test debit card behaviours;

8.20 Reveal your account password to anyone else, nor may you use anyone else's password, and/or;

8.21 Do, or omit to do, or attempt to do, any other act or thing which may interfere with the proper operation of the service or activities carried out as part of the services.

9. Actions by PAY.COM

9.1 If we have reason to believe that you have engaged in any restricted activities set out above, we may, but are not obliged to, take various actions to protect PAY.COM, a user, a third party, or you from reversals, chargebacks, claims, fees, fines, penalties and any other loss or damage. The actions we may take include but are not limited to the termination of your account and any associated cards.

10. Disputed Transactions, Non-Execution or Defective Execution

10.1 If you wish to raise a dispute in relation to any transaction (except where you have reason to believe that your account, or any element thereof has been compromised) we recommend that you contact the merchant initially, as this may lead to a quicker resolution of the matter.

10.2 If the matter cannot be resolved by communicating with the merchant, you must contact Customer Support as soon as is possible (and in any event no later than thirteen months from the date of the disputed transaction).

10.3 In order for us to investigate a disputed transaction, we may to request that you provide additional information and a statement signed by you in relation to the matter within ten days of our request for same.

10.4 We reserve the right to take whatever action we consider necessary against any party that we believe has made, or is making a fraudulent claim that an unauthorised transaction has taken place, regardless of whether such a party has received a refund.

10.5 If we have reason to suspect fraudulent or negligent behaviour on your part, we will not issue you with a refund immediately.

10.6 If any investigations by us yield the conclusion that any disputed transaction was in fact duly authorised, and an immediate refund was initially made by us which you were not entitled, we shall deduct the amount of the disputed transaction from your account balance or seek from you repayment of any amount refunded to you. We reserve the right to have recourse to all legal means to recover such funds.

10.7 We shall not be liable for your failure to execute, or for the defective execution of a transaction. We shall, upon your request, make reasonable efforts to recover the funds involved in such transaction and shall notify you of the outcome of our efforts.

11. Complaints

11.1 If you have a complaint about your account, please contact Customer Support so that they may investigate the matter. Customer Support can explain complaints are managed upon request. The Customer Support complaints procedure can also be obtained by emailing Customer Support. The information is also available on the website and application.

11.2 You will be asked to submit the details of your complaint to Customer Support in writing.

11.3 If Customer Support is unable to resolve your complaint to your satisfaction you may contact the Financial Ombudsman Service (FOS) in Cyprus, by writing to them at P.O BOX: 25735, 1311 Nicosia, Cyprus, or calling them on +357 22848900. In some instances, the FOS may not be empowered to act in relation to the matter. In some circumstances, you may be entitled to contact the regulator or ombudsman in your jurisdiction.

11.4 PAY.COM is committed to adhering to guidance issued by local regulators for conduct of business rules.

11.5 Following these complaint procedures will not affect your legal rights.

12. Assignment

12.1 The account, the agreement, any part thereof and/or any rights or obligations arising thereunder may not be novated, assigned, outsourced or transferred by you without our advance written consent. Any assignment or transfer in violation of the aforementioned provisions shall be deemed null and void ab inito.

12.2 We may allow any person to take over any of our rights and/or duties under the agreement. You authorise us to give that person or persons or its or their agent(s) any financial or other information about you. References to the term ‘us’ in the Agreement include SafeCharge Limited’s successors and assigns.

13. Changes to the Agreement

13.1 We may at any time change any of the provisions contained in the agreement by giving the you at least two months’ notice in writing, by post, e-mail, text message or other means (whether electronic or otherwise). Changes which have no effect on your rights or which are required by applicable law or regulation may come into effect immediately and/or without notice.

13.2 In the event of us notifying you of a change, you may cancel your account and immediately terminate the Agreement without having to pay any charges for doing so by advising Customer Support in writing. If you do not notify us of any objection to the change before the change is due to take effect, or if you object yet continue to use the account you will be deemed to have accepted such change.

13.3 We may, acting reasonably, suspend, cancel, add, modify or delete any feature offered in connection with an account.

14. Our Liability

14.1 Subject always to the disputed transactions provisions above, we shall not be liable to you for any direct or indirect loss or damage (other than that which cannot be excluded by law) you may suffer as a result of your use or inability to use your account and/or the usage information we provide in relation thereto, or any loss or damage you suffer as a result of a third party using your account. We do not bear any responsibility for errors committed by merchants or ATMs. We will not be obliged to enter into any dispute arising between the account holder and a merchant or bank and, moreover, a dispute with a merchant or bank does not absolve the account holder from complying with regulations governing the use of the account and the current Terms and Conditions.

14.2 We shall not be liable to you for any loss or damage that arises from matters beyond our reasonable control, or from any of your instructions not being sufficiently clear, your transaction not being successfully completed, any failure by you to provide correct information or our taking any action required by any Government, Federal, European or State or regional law or regulation or Court Order. We shall not be liable hereunder for any direct or indirect damage hereunder in any circumstances.

14.3 By entering into this agreement you acknowledge and agree that we shall have no liability, either directly or indirectly, in relation to any decision, action or omission of a network or telecommunications providers, card scheme, acquiring bank or alternative payment method provider or regulatory authority including without limitation where the funds held with such entities become unavailable due to Government actions, such entities becoming bankrupt or insolvent and otherwise, save if and to the extent that such decision, action or omission is made as a direct result of our breach of the agreement.

14.4 We cannot guarantee that a merchant will accept your account or that we will authorise any particular transaction. We shall not be liable for any direct or indirect loss or damage you may suffer in the event that a merchant refuses to accept your MasterCard number or card (in whole or part), or if we cancel or suspend your account in accordance with these Terms and Conditions. We shall not be liable if we are unable to perform our obligations under this agreement due (directly or indirectly) to the failure of any machine, data processing, system or transmission link or to industrial dispute, altered or new legislation or license requirements or any other matter which is outside our control or the control of the our agents or contractors.

14.5 Without prejudice to the above, we shall not be liable for any indirect, special, incidental, or consequential damages of any kind.

14.6 Without prejudice to the above, any liability we may have to you under this agreement will not exceed aggregately and for the duration of this agreement, the amount of the fees paid by you to us in the three month period prior to the liability arising.

14.7 The above exclusions and limitations shall apply to any liability of our affiliates, or other suppliers, contractors, agents or distributors and any of their respective affiliates to you which may arise in connection with these Terms and Conditions. Nothing herein shall limit our liability to you for death or personal injury arising out of our negligence or fraudulent misrepresentation or misstatement or insofar as any limitation or exclusion of liability herein is prohibited by law.

15. Your Liability to Us

15.1 By agreeing to these Terms and Conditions, you confirm that they you personally liable for the use of the account.

15.2 To the extent permitted by law, you will be liable to us for and agree to indemnify us and hold us harmless, upon demand, from and against any and all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings we directly or indirectly incur or which are brought against us to the extent directly or indirectly arising out of or in consequence of or in connection with your fraudulent behaviour, negligence, misuse of your account or card, breach or failure to comply with the provisions of the agreement and any third party claim resulting from or in relation to you including the costs of any legal action taken to enforce these Terms and Conditions.

15.3 We shall not be bound to recognise the interest or claim of any person other than the account holder in respect of the account balance on the account, nor shall we be liable in any way for failing to recognise such interest or claim (except as required by law).

15.4 No claim by you against a third party may be the subject of a defence or counterclaim against us.

15.5 Maximum effect: The laws of certain countries and jurisdictions may not allow some or all of the above disclaimers, exclusions, or limitations and they may not apply to you in which case only the limitation which are lawful in your country or jurisdiction will apply to you and our and our affiliates' (and our and their respective employees, directors, agents and representatives) liability is limited to the extent permitted by law.

15.6 Limitation of Actions: To the extent permitted by applicable law, any claims arising by you out of this agreement must be brought within twelve (12) months after you learned and otherwise must be brought within the time limit specified under the relevant law.

15.7 Merchants and Other Third Parties: We are not responsible and we disclaim any and all liability for the performance or behaviour of third parties, including but not limited to other account users and merchants. This also means that we are not responsible for the content or privacy practices of merchant sites, nor to the merchant’s products and services, marketing efforts and publications, refund policies, supply and delivery practices, complaints and dispute policies, fees and charges, compliance with applicable laws etc.

16. Intellectual Property

16.1 You hereby acknowledge and agree that all information, content, graphics, text, sounds, images, buttons, trademarks, trade names, logos and other materials contained on the website and mobile application, or used in connection with the account and included intellectual property are exclusively owned by us or our affiliated companies or licensors and are protected by copyright and other intellectual property laws.

16.2 You are granted a limited licence solely for your own personal non-commercial use to refer to, bookmark or point to any page within the website and application and, to download the materials contained on the website to a single personal computer and to print a single hard copy of the materials for your own personal reference, provided however that all copyright, trademark and other proprietary notices are left intact. Any other use of the materials in the website without the prior written permission by us is strictly prohibited and is in violation of our proprietary rights.

16.3 Safecharge and PAY.COM are trademarks, trading names, trade dress and/or service marks of Safecharge Limited and our affiliates and subsidiaries.

16.4 Other marks, graphics, icons, names and logos used or displayed on or through the website and service and the describes or offered products or services are trademarks, trade dress and/or service marks of us and our affiliates and subsidiaries or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

16.5 No license is granted to you in the agreement, either expressly or implicitly, to use any of the aforementioned, in whole or in part, without our and the respective owner’s prior written permission. 

17. Disclaimer

17.1 You acknowledge that use of the account is at your sole risk. The account is provided on an “as is” and “as available” basis. To the maximum extent allowed by applicable law, we expressly disclaim any and all warranties of any kind, whether express, statutory or implied by law, custom or otherwise, including without limitation any warranty of availability, merchantability, satisfactory quality, non-infringement and/or fitness for a particular purpose. We make no warranty regarding any goods or services purchased or obtained through the account or any transactions entered into with the account. We make no warranties or representations about the accuracy or completeness of the respective website, service and products or that the respective website, account and products will be uninterrupted, timely, secure, or error free or that defects in the operation or functionality will be corrected.

17.2 We may at any time, and from time to time, where due to technical, security, maintenance, administration or other reasons temporarily suspend use of an account for such period as we may require without incurring any liability to you. To the extent permitted by law, we shall not, under any circumstances, be liable to you for any loss or damage, whether direct or indirect or for consequential loss or any inconvenience, arising in respect of any failure by any merchant to provide an account or use of an account to you.

17.3 You acknowledge the electronic nature of the account and service to be supplied hereunder, and the inherent risk that communications by electronic means may not reach their intended destination or may do so much later than intended for reasons outside of our control. The provision of services shall at all times be subject to our respective agreements with the acquiring banks, alternative payment method providers, card schemes, any other relevant payment provider or other third party and the performance and availability of such entities. We accept no responsibility for service levels provided by the aforementioned.

18. General

18.1 No Waiver: No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision of this agreement.

18.2 Entire Agreement: This agreement, its schedules and all constituent documents and documents referred to, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede and cancel all prior understandings, agreements and discussions between them, oral or written, with respect to such subject matter.

18.3 Severability: All the provisions of this agreement are distinct and severable. If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of this agreement or affect the other provisions which are valid.

18.4 A person who is not a party to this agreement has no rights to enforce the terms of this agreement.

18.5 Governing Law: Jurisdiction. The Agreement and all matters arising from it and any dispute arising between the parties in connection with this agreement shall be governed and construed in accordance with the laws of Cyprus. The competent courts of Cyprus shall have exclusive jurisdiction in any legal proceedings resulting or connected with this agreement, and the parties hereby irrevocably submit to such exclusive jurisdiction. However, this shall not prevent us from bringing any action in the Court of any other jurisdiction for injunctive or similar relief.

18.6 Language: Where we provide you with a translation of the English language version of the agreement, privacy policy or any other document, you agree that the translation is provided for your convenience only and does not come to modify the English version and you agree that the English language versions govern our relationship. Both parties agree to conduct all communications in relation to this agreement in English. Where we send or accept a communication which is not in English this will be done for your convenience only and will not be held to derogate from the aforementioned or as a precedent for subsequent correspondences.

19. Communications: Customer Support

19.1 Contacting you: We may send communications and notices to you at the email address, or through other communication means that you provide us. You are responsible for informing us of changes to your contact details and for checking for communications regularly and frequently. We shall not be liable for any loss arising out of your failure to do so. Any communication or notice sent by e-mail will be considered to be “in writing” and shall be deemed to be received by you upon the communication being dispatched by us. If the communication is sent by mail, shall be deemed to have been received once it enters the postal system. We reserve the right, but assume no obligation, to provide communications in paper format.

19.2 Contacting us: You may contact us at any time by contacting Customer Support by using the contact details set forth below or as published on the website.

19.3 If you have any queries, are dissatisfied with the standard of service, you think we have made a mistake in operating the account or you require further information please contact Customer Support.

19.4 Customer Support contact details:

support@pay.com

PAY.COM Customer Support

Care of SafeCharge Limited

115L, Tsarigradsko shosse Blvd.,

Building C,

Sofia 1784, Bulgaria

Date of last update to this document: September 2016