User Agreement for LeuPay Wallet Service

Last update: 7 December 2017

1. Legal relationship and Service

1.1. 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 Mobile Application platform LeuPay Wallet (“LeuPay Wallet Mobile App” or “Mobile App” or “Platform”) which mobile application is a software and our intellectual property and is necessary for the provision of the real-time communication services (chat) and the e-money and payment services, provided by Financial Institutions to which we have licensed the use of the Platform.

“LeuPay Wallet Service” is a FinTech multi-banking mobile application for smart phones with Android or iOS operation system for instant chats, supported by us and e-money and payment services, provided by banks and Financial Institutions, licensed by us to use our platform.

The element of your account which constitutes the real-time communication services (chat) is provided by us. 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 Wallet Account, which is a separate legal agreement, concluded via our platform. To use LeuPay Wallet 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 Wallet Mobile App" or “Mobile App” is a FinTech multi-banking mobile application for smart phones with Android or iOS operation system for instant chats, supported by us and e-money and payment services, provided by banks and Financial Institutions, licensed by us to use our platform.

"LeuPay Wallet" means an account for electronic money, provided by a Financial Institution. Your use of LeuPay Wallet is regulated by the terms of a separate Legal Agreement for LeuPay Wallet Account;

"LeuPay Wallet 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 Wallet Account;

"LeuPay Wallet Card" или " Card" , или "Additional card", или "NFC Card" , или "Virtual Card" is a payment instrument, provided by Issuer with the logo of the Card Organizations used for payments on POS or Internet or cash withdrawals on ATMs. The LeuPay Wallet Card may be plastic card, or virtual card or NFC card in the Mobile App. Your use of LeuPay Wallet Card is regulated under a separate Agreement for LeuPay Wallet Card concluded with the Issuer;

"LeuPay Wallet Chat" " is part of the Mobile App that allows you to send encrypted instant messages, such as text, images, stickers, document, pictures, video and other supported files by the Service, to other users registered for the Service.

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 Wallet Service.

(ii) Agreeing with the Legal agreement for LeuPay Wallet Account and other legal documents if applicable

(iii) Protecting your privacy is very important to us. You must read and agree to the LeuPay Wallet Privacy Policy, to better understand our commitment to maintain your privacy, as well as our use and disclosure of your information;

(iv) Enrolling for LeuPay Wallet 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 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 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 of the Service www.leupaywallet.com. 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 Wallet Service. Age restrictions. Identification and Verification:

2.1. To be eligible to use all functionalities of the LeuPay Wallet Service and the payment and e-money Services, you must (i) be at least 18 years old (please see your Agreement for LeuPay Wallet Account for dependents under 18 years old); and (ii) be resident of the countries, listed in the 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 Wallet Service is subject to you opening and having at least one valid LeuPay Wallet 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 Wallet Account.

2.3. Upon registration for the Service and during this Agreement, you must provide current, complete and accurate information by personalizing his/her LeuPay Wallet Profile, 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.

3. LeuPay Wallet Functionalities

3.1. You are able to buy specially designed Pay Stickers via LeuPay Wallet App and use them as a customized design of your payment order to send money to other users registered for the Service. The price and the number of the specially designed Pay Stickers is specified in the LeuPay Wallet App and you have to pay the price with the cash in the LeuPay Wallet account. You are not entitled to a return or a refund of the price in case you do not use the purchased Pay Stickers or for other reasons. Once you use all numbers of specially designed Pay Stickers ques from one set, you are no longer able to use this set and you are able to either use the standard design Pay Stickers or buy a new set of specially designed Pay Stickers.

3.2. You acknowledge and agree that the sales of Goods and Services performed via LeuPay Wallet, 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.

3.3. 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.

3.4. 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 for using the Service, such as, but not limited to secret code for access to the LeuPay Wallet App, secret code for confirmation of payment orders which are necessary tools for preserving the security of your LeuPay Wallet. 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, 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 Wallet 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 LeuPay Wallet 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 Wallet 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 Wallet, 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. Protection of Your personal information and Financial Secrecy:

5.1. We are authorized to store and process your data, including personal data in terms with applicable legislation, to the extent that this is necessary for the appropriate conduct of the business relations and conforms to the applicable statutory provisions. We only record information which serves to fulfill its duties and do this solely within the scope of the service provided to you. In this respect you authorize us to collect, process and store data relating to you from other banks and other professionals. For information about the data protection Policy, you have to read the Privacy Policy, inseparable part of this Agreement, available on the website for the Service. You may request that an electronic copy of Privacy Policy is sent to you in PDF form by contacting us via the chat in the Mobile app.

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:

а) 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:

а) 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:

(а) 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 Wallet Chat and other non-payment services

6.1. The LeuPay Wallet Mobile app allows you to submit content in various formats, such as text messages, voice messages, photos, documents, PDF, location data and other files (collectively referred to as "Submissions"). You agree that the "last seen" status and LeuPay Wallet Profile photo (collectively referred to as Public Submissions) will be visible to other users of the Service who have your mobile phone number in their mobile phone and which you have not expressly blocked. For clarity, Submissions will only be viewable by those users to whom you have directly addressed these Chat Submissions whereas Public Status may be globally viewed by all users that have your mobile phone number on their smartphones and are registered for LeuPay Wallet Service, unless these user are blocked by you. We do not guarantee any confidentiality with respect to Public Submissions.

6.2. Legal Capacity; Children and Minors, using LeuPay Wallet Chat and other non-payment services. If you are under the age of consent in your country to form a binding agreement, you should only use LeuPay Wallet Chat and other non-payment services if you are either an emancipated minor, or have the legal consent of your parent or guardian for your use of our Service. You should use these services only if you are fully able to understand and enter into and comply with these Terms. LeuPay Wallet Chat and other non-payment services are not intended for children under 13: if you are under 13, please wait until you turn 13 to use them. Children between 13 and 17 years included may only be eligible to use independently the LeuPay Wallet Chat and other non-payment services, subject to any restrictions imposed by the applicable law.

6.3. You acknowledge and accept that any Submissions are only available from your smart phone from which they are sent and are not available in a cloud, virtual storage or similar type of Service. You shall be solely and fully responsible for any type of Submissions generated via LeuPay Wallet Chat and the consequences of posting or publishing them. However, by submitting the Submissions to LeuPay Wallet Mobile App, you hereby grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with the Service.

6.4. We also reserve the right to decide any of the content communicated via LeuPay Wallet Chat is compliant with the terms stipulated in the Agreement and especially with your permissible actions or is in violation with any copyrights or any kind of intellectual property rights. We may remove such content and/or terminate your access for uploading such material in violation of the Agreement at any time, without prior notice and at its sole discretion.

6.5. The Service allows you to encrypt the content of the submissions sent to other users, registered for the Service. We shall not be able to learn the submitted content nor shall be anyone else without direct access to your mobile smart phone. We do not store your secret chats on its servers. We also do not keep any logs for messages in secret chats, so after a short period of time we no longer know who or when you have messaged via secret chats. You agree that encrypted messages may be accessed only from the device they were sent to or from.

6.6. Regarding the content of the Submissions, you further agrees that you will not:

(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or has permission from their rightful owner to post the material and to grant us all of the license rights granted herein;

(ii) publish falsehoods or misrepresentations that could damage us or any third party;

(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

(iv) post advertisements or solicitations of business;

(v) impersonate another person;

(vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

(vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or

(viii) attempt to gain unauthorized access to the Service or its related systems or networks. You understand and agree that Adult content must be identified as such.

6.7. You understand that when using the Service you will be exposed to Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further agree and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agrees to waive, and hereby does waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the LeuPay Wallet Chat.

7. LeuPay Wallet Acceptance Policy and permissible actions

7.1. 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 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 Wallet 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 Wallet 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 Wallet 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 us 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 us and applied immediately by us. It may be viewed in your Mobile App or on www.leupaywallet.com 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 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 Wallet 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 liability

9.1. When you act 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, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer you shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders.

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.

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 Wallet Chat, that is in breach of any provision, warranty or representation in this Agreement, or in breach of regulations of Card Organizations or other Organizations and of any legislation including but not limited to AML, data protection laws. 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 Wallet 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 Wallet account on the ground, amount and value date of such withdrawals, unless it is forbidden by law or regulations for AML or security reasons to make such notice.

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. 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 Agreement

10.1. 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 the chat to redeem (buy back) all available Balance of e-money, less all applicable fees upon closing of LeuPay Wallet 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.

10.8. Death of Individuals We will assume that the relationship between us and you will persist until the moment we are notified in writing about your death. Regarding this event we must be notified by person that is legally vested with the rights and obligations to act on your behalf and for your affairs and we shall take instructions from him/her/them. Such person may be your heir, legatee, administrator, executor or otherwise. We shall be entitled to receive such evidence, at your cost, as we may be required in order to determine the proper entitlement and authority of the person claiming to acting on your behalf and for your affairs and we shall not be bound to act upon such instructions until such time as we are satisfied of such authority.

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:

(а) 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 clients via the LeuPay Wallet Chat which has links to content, policies or practices of any third parties websites 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.

12.4. We do not endorse any Submission that you may send via LeuPay Wallet Chat or any opinion, recommendation, or advice expressed therein, and we expressly disclaims any and all liability in connection with Status Submissions.

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 push notification sent to your LeuPay Wallet Chat before their proposed date of entry into force. In case we make changes to the non-payment services, we shall give you a one (1) month notice in the chat, 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 a our website for the Service or in LeuPay Wallet App; and

(b) The parties' right to vary the terms of this Section, where the variation is not prohibited by law and both parties agree to it.

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 LeuPay Wallet App.

14. Communications and Notices

14.1. 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.

14.2. You agree that we may send notices and other communications to you via LeuPay Wallet App 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 Mobile app at the sign-up and will also be available on the website for the Service and in your profile in LeuPay Wallet;

(ii) Notifications on changes to this Agreement after the sign-up will be provided the LeuPay Wallet Mobile App;

(iii) Except where this Agreement provides otherwise, a notice to terminate this Agreement will be provided in the chat in the Mobile app;

(iv) Information about balance or transactions or statements will be made available in transaction history on the Mobile App;

(v) Information about a suspension of the Service and about the rejection of transactions with e-money will be made available via the Mobile App.

14.4. Any notice sent to us under this Agreement has to be sent by registered post addresses of registered office, as applicable:

For LeuPay Wallet Chat and all non-payments services:

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 Wallet 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, purchase of e-money, redemption of e-money upon termination of this Agreement should be sent via the Mobile App.

(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 the Mobile App.

(iv) Notification by you that you complain about certain services have to be sent via the Mobile app and via your registered mobile number.

14.6. Any e-mail address stated by us on the website for the Service, such as help@leupaywallet.com can be used only for general information purposes on the functionalities of the Service and not to provide client specific information.

14.7. 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. General legal terms

15.1. This User Agreement, including Privacy Policy, Tariff and the other Legal Agreements, constitutes the whole legal agreement for your use of the LeuPay Wallet Service and completely replaces any prior agreements in relation to the Service.

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 Wallet 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 LeuPay Wallet Chat and other non-payment services:

The Ombudsmen and complaint handling bodies covering in the UK, which you may find at the following web page: www.ombudsmanassociation.org/find-an-ombudsman.php

Alternatively, the European Commission Online Dispute Resolution (“ODR”) is accessible via:

ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm

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 Wallet, 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 Wallet", "LeuPay Wallet Card", "LeuPay Wallet Chat" and all related URLs, logos, marks or designs, scripts, graphics, interactive features and similar, software, interfaces, standard or special design of 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.

Agreement for LeuPay Wallet Account by iCard


Last update: 7th of December 2017

1. Legal relationship and Service

1.1. This Agreement is concluded between the Client (referred to as “You”) on one side and iCard AD, having its seat and registered office at: Bulgaria, Sofia, 76A James Boucher Blvd., PO 1407, UIN: 175325806, authorized and regulated by the Bulgarian National Bank as an Electronic Money Institution under the Electronic Money Directive 2009/110/EC (the “EMD”) with license No. 4703-5081/25.07.2011 Principal Member of Mastercard, VISA and JCB, (hereinafter referred to as “us”, “we”, “our”, “iCard” or “Financial Institution”), entitled to provide e-money, payment services and card services under EU Payment Services Directive and EU E-money Institutions Directive.
“LeuPay Wallet Service” is a FinTech multi-banking mobile application for smart phones with Android or iOS operation system for instant chats and e-money and payment services, provided by banks and Financial Institutions, licensed by the owner of the platform to use the 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 us under this Legal Agreement for LeuPay Wallet Account, concluded via LeuPay Wallet platform. To use LeuPay Wallet account you have to download, subscribe and use LeuPay Wallet Service via the LeuPay Wallet Mobile App.

1.2. Summary of most important definitions (see below in Section 19 for other definitions):
"LeuPay Wallet" means an account for electronic money, where the account for e-money is open and maintained by us as a Financial Institution. Your use of LeuPay Wallet is regulated by the terms of this Legal Agreement for LeuPay Wallet Account;
"LeuPay Wallet Balance” means electronic money (monetary value) issued by us on receipt of funds by us as described in detail in this Legal Agreement for LeuPay Wallet Account;
"LeuPay Wallet Card" or "Card" or "Additional card" or “NFC Card”, or “Virtual Card” is a payment instrument, issued by the designated Issuer, stated on the back of the Card or in the App, with the logo of the Card Organizations, personalized with security characteristics, such as PAN, PIN and CVC, and used for payments on POS or Internet or cash withdrawals on ATMs according to the terms and limits in this Legal Agreement and the Rules of the Card Organizations. The LeuPay Wallet Card may be plastic card, or virtual card or NFC card in the Mobile App.
"LeuPay Wallet Mobile App" or “Mobile App” is a FinTech multi-banking mobile application for smart phones with Android or iOS operation system for instant chats, supported by LeuPay Ltd and e-money and payment services, provided by us as a Financial Institution, licensed to use LeuPay Wallet platform.

1.3. You acknowledge and agree that a condition for registering and using the service with us is to fulfil the following steps:
(i) Downloading the Mobile App, officially published by us and agreeing with the Mobile App License Agreement and the User Agreement for LeuPay Wallet Service.
(ii) Agreeing with the Legal agreement for LeuPay Wallet Account and the other legal documents if applicable.
(iii) Protecting your privacy is very important to us. You must read and agree with the LeuPay Wallet Privacy Policy, to better understand our commitment to maintain your privacy, as well as our use and disclosure of your information;
(iv) Enrolling for the e-money account 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;
(vii) You must pass successfully the identification and verification procedure for client verification, as required by us and explained in this Legal Agreement and the Privacy Policy, inseparable part of this Legal Agreement;

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 Mobile Application 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 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 your account for Mobile App and also on website of the Service www.leupaywallet.com. 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.

1.8. 14-days cancellation period: For 14 days after agreeing with the Agreement for LeuPay Wallet Account you have the right to cancel your contract with us by closing your account(s). We will give you all your available money back to a bank account stated by you or via cash withdrawal with LeuPay Wallet Card (if you have such) after completion of card activation. You will not have to pay any charges for exercising this right but you will have to pay for any transactions relating to the time that your account was open. You can tell us you want to close your account(s) via the chat or by calling us at our Contact Center. If you do not close your account in the 14-day period, you can still close your account in accordance with the Section 13 of this Agreement.

1.9. In case you are eligible and have more than one E-money account in your LeuPay Wallet Service, provided by a different Financial Institution, you agree that the LeuPay Wallet Service may visualize for your convenience the total amount of all your available balances hold with us and with the other 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. Your claim against us is only for the balance of e-money, which is issued by us and subjects to all terms and conditions of this Legal Agreement and any other legal documents applicable to our relationship.

2. Eligibility for e-money and payment services. Age restrictions. Identification and Verification:


2.1. To be eligible for the payment and e-money Services, you must (i) be at least 18 years old (please see below section 2.7 our terms for dependents under 18 years old); and (ii) be resident of the countries, listed in the 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.

2.2. Identification and verification: We are legally obliged to identify and verify your identity in compliance with the applicable AML/FT laws, our Internal AML/FT rules and procedures and the applicable rules of the Card Organizations.
(i) For that purpose, we require identification and registration of your data on our platform (via the mobile app), such as, but not exhaustively, names, address, date of birth, citizenship, TIN, registered mobile number and other.
(ii) Then, you must undergo a face-to-face video chat identification by our employees or the employees of our sub-contractor. . To pass the video chat identification you must be at least 18 years old. Your personal data, photos, pictures and documents, which are collected during the video call are described in detail in the Privacy Policy, inseparable part of this Agreement. You understand and agree that in order to open e-money account and use the payment services, you must pass successfully the identification and verification via the video call and all other checks (if applicable), as well as all ongoing AML/FT measures applied by us.
(iii) You agree that the video call is only a part of the verification and that your identity will be verified by us via independent sources, such as PEP registers, Dow Jones or similar databases, registers of Card Organizations or other independent sources. You agree with such checks and will provide all assistance requested by us in carrying out such checks. You agree that we shall have full discretion in determining whether you are verified and continue to be in compliance with the anti-money-laundering/FT requirements. We are entitled to decline, stop or terminate Service temporarily or in a permanent way in case of failure to complete the identification and verification process successfully in reasonable time or due to any other risk, security or regulatory reasons, for which we shall not be liable.
(iv) You understand and agree that the payment services, including the account and card/s, shall not be activated and available until successful completion of the identification and verification procedures under our Internal AML/FT rules and procedures. We reserve our right to ask for any additional documents, personal details, originals or notarized copies of ID documents or other documents at any time.

2.3. At our discretion you may be entitled to use only part of the service, such as LeuPay Wallet Card or Additional card, prior to completion of the full identification and verification procedure. In this case special limits shall be applied for the Service whereas these limits are defined explicitly in the section regarding “Limits” which is available in the Mobile App and also may be review on the following link www.leupaywallet.com/en/transaction-limits. You agree that the limits specified there are based on statutory requirements and may be subject to immediate change in case the regulatory requirements are amended accordingly for which you will be notified.

2.4. In case you are successfully verified by us your account shall be automatically activated with the standard limits. Nevertheless, we may require at any time additional information as a condition of the continued use of the Service by you. You agree to provide such information without undue delay, as we may require in this regard. The limits on your account/card are set out in the section regarding “Limits” which is available in the website for the Service and in your Mobile app.

2.5. For regulatory, risk and security reasons we may impose or change the limits unilaterally and without your consent for which we shall inform you with a notification via the LeuPay Wallet Chat unless we are not permitted by law to notify you in certain cases. We are entitled at our sole discretion to decide whether to change the limits after a customer request for change of limits and we shall not be liable in case of decline of request.

2.6. Upon registration for the Service and during this Agreement, you must provide current, complete and accurate information by personalizing his/her 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.

2.7 Users under 18 years of age (“Dependents”): Users under 18 years of age are not eligible to use independently the payment services under this Agreement and have their own independent e-money account, nor to pass the video chat identification. If such users wish to use the payment services they have to ask at least 1 of their parent or guardian (“Parent/Guardian”) to download the mobile app, register for the Service, conclude the Legal Agreement, undergo successfully the video chat identification and add the user under 18 years old as a “Dependent” in their own account. To add as a “Dependent” the main client will have to enter the names, birth date and mobile phone of the Dependent. Dependent users are not considered as Clients for the payment or e-money services and do not have a separate claim on the e-money balance in the Dependent account. However, they shall be entitled to contact the Call Center or the Chat in case of lost or stolen additional card, where they will be asked to state their name, birth date and registered mobile number for security reasons. We reserve our right to ask the Parent/Guardian for any document which may prove his/her relation to the Dependent.
2.7.1. Once successfully added as “Dependent” such users under 18 years of age will be able to use the service only as sub-account to the main account of the Parent/Guardian and/or additional cards, linked to the Parent/Guardian account of the main user with limits set by the Parent/Guardian and only for as long as the main account of the Parent/Guardian is valid, not blocked and/or not terminated. Any claim for chargeback or unauthorized transaction with additional card/wallet has to be made by the Parent/Guardian.
2.7.2. Upon request of the Parent/Guardian the Dependent may be issued or have limited or terminated additional cards embossed or not with the name of the Dependent. Such Dependent users will also be able to use the Fund, Send and Request money functionalities with strict limitations, set via the Parent/Guardian account, and their cards will be limited for certain MCC according to the Card Organizations Rules. The information on all transactions made by such Dependent Users will be sent via the Chat to the Parent/Guardian account.
2.7.3. Once such user reaches the age of 18 years, such user may conclude a Legal Agreement for independent e-money account/card via the mobile app and upon successful identification and verification of the person the account will be open with the standard functionalities and limits. Any cards, issued prior to that moment, may continue to be used with the new independent account. The transactional history of the Dependent prior to the age of 18 shall be also available in the new independent account.
2.7.4. Disclosure to my Dependents: This section only applies to Parents/Guardians of dependents with sub-accounts and/or additional card(s): I, the Parent/Guardian, agree that you can disclose to my Dependent who has a sub-account and/or additional card (s) account with you that I no longer have a and account with you.

3. Funding of account, Top-up and Receipt of money.


3.1. Funding with a stored card:
3.1.1. You may decide to register a valid card (stored card), of which you are authorized cardholder, which will be used to fund the purchase of e-money for the Service. Purchase of e-money via stored card may be for amount defined by you or for the amount determined by us, necessary for crediting of your account, in order to complete a payment transaction or charge you as per the Tariff to this Agreement. By adding a stored card you give us your consent to use the stored card for funding transactions, that the funding transactions in compliance with this Agreement can no longer be revoked and that we may check if the stored card is in good standing with the issuing institution or Operator, including, but not limited via procedure for verification of a stored card or in other ways. The limits for funding via stored card are set out in the Mobile App. You may change the limits, as allowed by the Service, by completing successfully the procedure for verification of stored card, available in the online account.
3.1.2. iCard will store information which you provide, such as stored card details, and will process funding transactions through the appropriate Card Organization. You agree that the stored card details will be used by us to debit or charge the stored card for the purchase of e-money and/or processing of a funding, including all related fees, as applicable.
3.1.3. If you choose to register multiple stored cards (not more than two Stored cards), you must select from which Stored Card will the funding transactions be executed.

3.2. Funding via cash deposit: You are allowed to purchase e-money for funding your LeuPay Wallet via cash deposit at our offices or at offices of our authorized agents. You may check the limits and the fees with which you are charged for cash deposits in sections Fees and Limits. Immediately after your cash deposit amount is registered in our system we shall issue you the same amount of e-money and shall credit it to your LeuPay Wallet. If you have not passed the verification procedure you are not allowed to fund your LeuPay Wallet via cash deposits.

3.2.1. Funding via bank transfer: This option is available with regulatory limits prior to your full verification and after your verification. You may order a credit transfer from a bank account to the account number for funding of LeuPay Wallet Account, provided by us. We shall issue you electronic money in the same amount and in the currency of the LeuPay Wallet account and in the same business day as the date of receipt of the funds by us. We are not responsible for and does not control when the funds will be received from the payment service provide via whom you have transferred the funds and whether the payment services provider or the correspondent banks will charge you with fees for the transfer and will transfer the full amount to us.
3.2.2. In order to receive the amount in the account, you must provide the correct number of your LeuPay Wallet account and/or correct account number (IBAN) for Funding, as well as other beneficiary account details, as stated in the LeuPay Wallet App. The limits for funding via bank transfer are set out in the LeuPay Wallet account. You may change the limits by completing successfully the procedure for verification and/or other procedure, as may be requested by us.

3.3. You agree that we may impose different limitations on amounts of purchased e-money, or special requirements, or not accept bank transfer from certain banks for risk or security reasons, upon our discretion.

3.4. Funding transactions with some funding methods may be rejected or limited by us for regulatory reasons (AML/FT), risk and security or in order to avoid conflict between our various Services or on other grounds, or may be rejected or delayed, for reasons beyond our control. We do not guarantee the acceptance of any particular funding method, and we may make changes or discontinue the acceptance of any particular funding method at any time and without prior notice to you, for which we shall not be liable.

3.5. You agree that you may not make a successful Chargeback after a funding transaction, on the ground "goods not delivered or similar", as the purchased e-money (purchased goods) is issued (delivered) by us upon receipt of funds.

3.6. Receipt of money: Your LeuPay Wallet may be funded with e-money by receiving transfer from another user registered for LeuPay Wallet Service, who is already a verified client. In order to receive e-money from another user registered for LeuPay Wallet Service, you have to be in the phone contact list and LeuPay Wallet Chat of the other user.

3.7. Budget: You may set a Budget via the Service – a fixed amount of e-money, within the limits of the Service, which is debited from the funding instrument (funding card or other) and is credited as e-money in the wallet, and is available at a certain period of time, such as daily, weekly or monthly. You may use or spend this amount and the other e-money balance. This amount may be subject to a blocking or hold by us, in the same way and on the same grounds, as the e-money. You understand and agree that by authorizing the first funding of the wallet for replenishing the fixed budget amount, you express an authorization for recurring transactions with the funding instrument and in this regard, you are not entitled to a charge-back or reversal for unauthorized transactions. You may edit or suspend the Budget at any time via the Service.

3.8. The Service offers possibility for top-up (loading of money) into vouchers and prepaid mobile numbers (“Top-Up”) from the LeuPay Wallet balance. The Service is using third parties subcontractors, who are acting as top-up resellers for the Mobile Operators, who provide the vouchers or prepaid mobile numbers and we are not providing the vouchers or prepaid mobile numbers. Some Mobile operators or some of their agents may collect a surcharge fee on top of the amount to be loaded in the vouchers or prepaid mobile numbers (“Top-Up Fee”). Such fees may vary depending on the Mobile operator, not on us. In such cases, this fee will be displayed in LeuPay Wallet, prior to the debit operation and the customer may refuse to proceed with a Top-up, if the customer does not agree to the fee. The fee is just collected by us and transferred to the agent of the Mobile operator or its sub-contractor. We are not liable for any compensation for the delivery, timely delivery or quality of the vouchers or prepaid time from the Mobile Operators or their agents or sub-contractors.

4. Send and Request money via LeuPay Wallet Service:


4.1. Once verified, you may send e-money via the Service to other users, registered for LeuPay Wallet Service. In order to send money via the Service you must use the correct mobile phone number of the user, registered for the Service (recipient). You understand and accept that LeuPay Wallet Service does not allow Sending money to persons that are not registered for the Service.

4.2. You are fully liable for sending correct submissions via the send money functionality of LeuPay Wallet Service. By clicking the button "Send Money" or similar in the Mobile App and after entry of the secret code when requested by the Service, you confirm that you are making confirmed and irrevocable payment order to us to execute the payment order and debit your balance with the amount of the transfer, and all applicable fees (if any). Confirmed order, already received by us, cannot be revoked.

4.3. We shall execute the authorized payment order made by you, provided that the balance of e-money in your account is enough to cover the amount of the transfer and the applicable fees (if any). We may refuse to execute a specific transaction if there is not enough balance of e-money or we reasonably believe that the payment order is made by unauthorized person or transaction is fraudulent, illegal or in breach of the present Agreement or any law or regulation.

4.4. We are obliged process you Send money order to another LeuPay Wallet Client and credit its LeuPay Wallet with the amount of the order within the same day as of the date of placement of correct payment order.

4.5. Money Request:
(i) You may request to receive an amount of e-money from another user, registered for LeuPay Wallet Service by submitting a request via LeuPay Wallet Service and specifying the requested amount of e-money. You acknowledge and agree that the user of LeuPay Wallet Service who receives the Money Request has full discretion whether to accept or decline the request and we are not liable in any way for acceptance or decline of the request. We are also not liable in case the other user cannot perform the money send operation due to the status of his/her LeuPay Wallet account (limits of account exceeded or status blocked or similar);
(ii) We may block the functionality money request in part or wholly, with regard to all customers or group of customers or individually, in case of users’ complaints or other serious reasons;

5. Refusal, reversal of unauthorized transaction and reversal of incorrect payment orders:


5.1. Where we refuse to execute a payment order, the refusal and, if possible, the reasons for it as well as the procedure for correcting any factual mistakes that led to the refusal shall be notified to you, unless prohibited by other relevant EU or national legislation. We shall provide notification to you via Mobile App at the earliest opportunity. We may charge a fee for providing additional information for such a notification if the refusal is objectively justified.

5.2. You are obliged to notify us immediately and without delay via the Contact numbers of the Call Center on the website www.leupaywallet.com in case of loss, theft, misappropriation or unauthorized use of Identifying Credentials and/or Card/s and to take all preventive and security measures as allowed by the Service or us to limit the risks and damages. If you are not a Consumer you cannot claim that a transaction is not authorized, because of lack of your consent for the specific transaction.

5.3. You agree that we may not be always able to reverse the amount of unauthorized transaction in cases, where the deadlines for chargeback before the Card Organizations have expired or in other cases according to the rules of the respective Card Organization, in which cases we shall not be liable before you for compensation bigger than the one provided in the law.

5.4. When you receive a payment, you are liable to us for the full amount of the payment plus any Fees if the payment is later invalidated for any reason. In addition to any other liability, if there is a Reversal, or if you lose a Chargeback or Claim, you will owe to us an amount equal to the Reversal, Chargeback or Claim and applicable fee as per the Tariff and other charges related to the Reversal, Chargeback or Claim. We may debit your account to recover any amounts and fees, due by you in connection to Reversal, or Chargeback or Claim or Reserve, immediately and without prior notice.

5.5. You agree that in case a payment transaction is not approved for some reason or Merchant wishes to refund full or partial amount, than the following rules shall apply:
(i) Reversal or refund of full amount of transaction – the amount of the transaction is refunded in the original type of currency; or
(ii) Partial reversal or refund of amount of transaction – the amount subject to reversal or refund is refunded in the currency of the transaction; or
(iii) If payment has been made with Card via debiting of linked Funding Instrument - the amount subject to reversal or refund is refunded in the currency of Card; or
(iv) If payment has been made with e-money via debiting of linked Funding Instrument - the amount subject to reversal or refund is refunded to Funding instrument if possible, or if not possible is refunded in your LeuPay Wallet account in the currency of the transaction.

5.6. In case we have reasonable doubts or we receive information from third parties, such as Card Organizations, other Regulators or card issuers/acquirers for fraud or payments with stolen cards, false cards, or unauthorized payments with cards or other irregularities in connection with your use of the Service, we have the right to withhold or block all amounts in your account and other accounts, which seem to be connected to your account, and to start an investigation without prior notice to you or third parties. You are obliged to cooperate with us and present us all requested information related to the alleged fraud or unauthorized payments. We have to complete our internal investigation within a reasonable period and inform you on the outcome, unless this is not permitted by the law for compliance reasons. You acknowledge and agree that in some cases of violations we may be obliged to report you to registers of Card Organizations or other Regulators and terminate the Service, for which we shall not be liable.

5.7. Other rules for use of the Service:
5.7.1. Without prejudice to the above, you agree and acknowledge that the reporting and payment of any applicable taxes arising from use of the Service and which by law are your obligations, shall be your exclusive responsibility and liability. You hereby agree to comply with any and all applicable tax laws.
5.7.2. You acknowledge and agree that the sales of Goods and Services, including but not limited to top-up of prepaid or similar services, are transactions between the Merchant and you and not with us, or any of our Branches, Agents or affiliates. We are not liable for the performance of obligation of Merchants.
5.7.3. We provide to you via the LeuPay Wallet platform information on balance/s, IBAN numbers and other unique account identifiers, information on transactions, history of transactions, status of account, status of other payment instruments, status of your customer verification point of view, notifications sent to you and other important information regarding your e-money account opened under the present Agreement. You agree to any such disclosures of your personal and e-money and payment services data and records to LEUPAY LTD for the purposes of providing the LeuPay Wallet Service.
5.7.4. You will be able to view transactions free of charge in the transaction history, which is updated regularly, and you agree not to receive paper statements. Upon your request we may, at our discretion, provide you with additional statements, paper or otherwise, of the transactions but in this case we may charge you a reasonable administration fee. We may charge you a fee for other information services, different from the standard information services, provided via the Service or additional services provided by us, as provided in the Tariff.

6. Payment instruments security features. Security measures and Safety Requirements:


6.1. We have provided to you personalized security features for using all payment instruments, included in the LeuPay Wallet, such as, but not limited to secret code for access to the LeuPay Wallet App, secret code for confirmation of payment orders which are necessary tools for preserving the security of your LeuPay Wallet. 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, without prejudice to your obligations.

6.2. You agree to use your credentials, such as username and password and other personalized security features for your LeuPay Wallet 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.

6.3. 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 LeuPay Wallet 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.

6.4. We may suspend the use of the LeuPay Wallet 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 Wallet, 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.

7. Protection of Your personal information and Financial Secrecy:


7.1. We are authorized to store and process your data, including personal data in terms with applicable legislation, to the extent that this is necessary for the appropriate conduct of the business relations and conforms to the applicable statutory provisions. We only record information which serves to fulfill its duties and do this solely within the scope of the service provided to you. In this respect you authorize us to collect, process and store data relating to you from other banks and other professionals. For information about the data protection Policy, you have to read the Privacy Policy, inseparable part of this Agreement, available on the website for the Service and in the LeuPay Wallet Mobile App. You may request that an electronic copy of Privacy Policy is sent to you in PDF form by contacting us via the chat in the Mobile app.

7.2. Financial Secrecy: 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 Issuer or 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.

7.3. 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 iCard’s 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.

7.4. 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.

8. LeuPay Wallet Acceptance Policy and permissible actions


8.1. 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.

8.2. 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.

8.3. 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;

8.4. We shall be entitled to notify you at any time on non-acceptance to the Service via the Mobile App. The decision for the refusal is strictly in our discretion and we shall not be liable for whatsoever compensations.

8.5. 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.

8.6. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.

8.7. 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.

8.8. 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.

8.9. 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.

8.10. 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.

8.11. The LeuPay Wallet 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.

8.12. 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.

8.13. Non-satisfaction of the conditions in this Agreement may result in immediate suspension of 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.

9. Service Fees. Currency Conversion Fees:


9.1. We will charge you fees to use the Service, as specified in the Tariff. Tariff may be changed by us unilaterally with 2-month notice sent to you. Updates in Tariff will be indicated via the LeuPay Wallet Service, and you will be duly notified in accordance to the Agreement. We may charge fee for transfers, if it is stated in the Tariff.

9.2. Currency conversion: If a transaction performed via the Service involves a currency conversion, it will be completed at a foreign exchange rate determined by us 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 us and applied immediately by us. It may be viewed in your Mobile App or on https://www.leupaywallet.com/ under Currency Exchange Rates.

9.3. Where a currency conversion is offered by us at the point of sale you will be shown in your 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.

9.4. In case you are being sent e-money in currency, different from the currency of your account, you agree that we shall automatically make a currency conversion and shall issue e-money in the currency of your LeuPay Wallet account at the foreign exchange rate, applied by us at the date of issuing the e-money.

9.5. 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.

9.6. In case where your account has been blocked by us 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.

10. Client liability


10.1. When you act 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, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer you shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders.

10.2. 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.

10.3. 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.

10.4. 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 Wallet Chat, that is in breach of any provision, warranty or representation in this Agreement, or in breach of regulations of Card Organizations or other Organizations and of any legislation including but not limited to AML, data protection laws. 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 Wallet 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 Wallet account on the ground, amount and value date of such withdrawals, unless it is forbidden by law or regulations for AML or security reasons to make such notice.

10.5. 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.

10.6. The ultimate liability with regard to your claims related to cards with the logo of the Card Organizations is with the Issuer.

11. Termination of Agreement


11.1. 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.

11.2. 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.

11.3. 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.

11.4. 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).

11.5. 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.

11.6. 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.

11.7. Redemption of e-money upon closing of account:
11.7.1. Upon closing of the account at your request, you are entitled to request personally via the chat to us to redeem (buy back) all available Balance of e-money, less all applicable fees upon closing of LeuPay Wallet 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, we 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. We 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. The e-money is issued by iCard in its capacity of a licensed e-money institution and your claim for redemption of the available balance of e-money upon closing of the account is towards iCard.
11.7.2. 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.
11.7.3. 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.
11.7.4. 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.

11.8. Death of Individuals We will assume that the relationship between us and you will persist until the moment we are notified in writing about your death. Regarding this event we must be notified by person that is legally vested with the rights and obligations to act on your behalf and for your affairs and we shall take instructions from him/her/them. Such person may be your heir, legatee, administrator, executor or otherwise. We shall be entitled to receive such evidence, at your cost, as we may be required in order to determine the proper entitlement and authority of the person claiming to acting on your behalf and for your affairs and we shall not be bound to act upon such instructions until such time as we are satisfied of such authority.

12. Limitation of Warranties:


12.1. 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.

12.2. 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.

12.3. 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.

13. Limitation of Liability:


13.1. 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.

13.2. 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.

13.3. We do not assume any responsibility for the information provided by you or other clients via the LeuPay Wallet Chat which has links to content, policies or practices of any third parties websites 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.

13.4. We do not endorse any Submission that you may send via LeuPay Wallet Chat or any opinion, recommendation, or advice expressed therein, and we expressly disclaims any and all liability in connection with Status Submissions.

14. Changes to the Agreement:


14.1. 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 push notification sent to your LeuPay Wallet Chat before their proposed date of entry into force. In case we make changes to the non-payment services, we shall give you a one (1) month notice in the chat, unless shorter notice is allowed by the law.

14.2. 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.

14.3. 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 a our website for the Service or in LeuPay Wallet App; and
(b) The parties' right to vary the terms of this Section, where the variation is not prohibited by law and both parties agree to it.

14.4. 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 LeuPay Wallet App.

15. Communications and Notices


15.1. 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.

15.2. You agree that we may send notices and other communications to you via LeuPay Wallet App 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.

15.3. Particular communications will be handled as follows:
(i) The Agreement will be provided in the Mobile app at the sign-up and will also be available on the website for the Service and in your account in LeuPay Wallet;
(ii) Notifications on changes to this Agreement after the sign-up will be provided the LeuPay Wallet Mobile App;
(iii) Except where this Agreement provides otherwise, a notice to terminate this Agreement will be provided in the chat in the Mobile app;
(iv) Information about balance or transactions or statements will be made available in transaction history on the Mobile App;
(v) Information about a suspension of the Service and about the rejection of transactions with e-money will be made available via the Mobile App.

15.4. Any notice sent to us under this Agreement has to be sent by registered post addresses of registered office, as applicable:
For e-money account and all payment services:
Att: Leupay Wallet Team
iCard AD, James Bourchier 76A, Sofia 1407, Bulgaria

15.5. 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, purchase of e-money, redemption of e-money upon termination of this Agreement should be sent via the Mobile App.
(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 the Mobile App.
(iv) Notification by you that you complain about certain services have to be sent via the Mobile app and via your registered mobile number.

15.6. Any e-mail address stated by us on the website for the Service, such as help@leupaywallet.com can be used only for general information purposes on the functionalities of the Service and not to provide client specific information.

15.7. To help us continually improve our services and in the interests of security we may monitor and/or record your telephone calls with us.

16. General legal terms


16.1. Unless otherwise expressly stated in the Agreement or Tariff, all amounts stated in the Agreement are denominated in EURO (EUR) or in Bulgarian lev (BGN).

16.2. This Agreement, including Privacy Policy, Tariff and the other Legal Agreements, constitutes the whole legal agreement for your use of the LeuPay Wallet account.

16.3. 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.

16.4.If any court of law having the jurisdiction to decide on a matter relating to the Agreement rules that any provision of the Agreement is invalid in respect 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.

16.5. 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.

16.6. We may transfer our rights and obligations under the Agreement to third party, which is a licensed Financial Institution giving to you at least two-month notice previous the date of the transfer per e-mail unless such a transfer is required due to regulatory reasons. In case you disagree with such transfer we shall provide you the possibility to terminate the Agreement free of taxes, penalties or other.

16.7. 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 e-money and payment services, provided by iCard AD:
Conciliation Commission for Payment Disputes on the following address: Bulgaria, Sofia, 4A Slaveykov Square, fl. 3, entitled to offer out-of-court solution, which have to be accepted by both parties.

16.8. Both Parties agree that the authentic and/or correct execution of transactions and operations shall be proven with print-outs or statements printed or generated from our IT systems, such as your online account for LeuPay Wallet, our Card System, our Register of E-money or other software systems or platforms used by us in our capacity of regulated Credit Institution and/or E-Money Institution or our Agents or sub-contractors, in the capacity of our authorized Agents or sub-contractors, licensed to use our software or platforms.

16.9. "LeuPay Wallet", "LeuPay Wallet Card", "LeuPay Wallet Chat" and all related URLs, logos, marks or designs, scripts, graphics, interactive features and similar, software, interfaces, standard or special design of 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.

16.10. This Agreement and the relationship between us shall be governed by Bulgarian law, subject to your local mandatory rights. For complaints arising out of or relating to this Agreement or the provision of our Service that cannot be resolved otherwise, you submit to the non-exclusive jurisdiction of the competent court in Sofia, Bulgaria. In simple terms, “nonexclusive jurisdiction of the competent court in Sofia, Bulgaria” means that if you were able to bring a claim arising from this Agreement against us in Court, an acceptable court would be a court located Sofia, Bulgaria, 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.

17. Definitions


The following defined terms are used in this Agreement:

Definitions:

"Agreement" means this Legal Agreement, as it may be amended from time to time by us;

"Business Day" means a day (other than a Saturday or Sunday) on which banks in EU are open for business (other than for the sole purpose of 24-hour electronic banking);

"Cash" or "Balance" means your electronic money (e-money), issued by us in a currency, supported by us and chosen by you upon registration for the Service;

“You”, "Client" or "User" means you in your capacity of a natural person who registers for the Service as Client or actually uses the Service;

"Your Mobile phone number" means the mobile phone number via which you sign up for the Service and which we will use for sending OTP to you and also for communication with you;

"Card Organizations" means MasterCard International ("MasterCard"), VISA Europe (VISA), JCB Europe ("JCB") or any other card association or organization applicable hereunder, including any parent, affiliate, subsidiary, or successor, of any of them;

"Currencies, supported by us" means various currencies, supported by us for the Service, in which we issue electronic money, available in the Mobile App during enrollment for the Service;

"Consumer" means a natural person, who uses the Service for personal needs, different from his/her business, commercial or professional needs or activities. Any other natural or legal person, using the Service mainly for business, professional, commercial or other purposes, different from personal, family or households needs, is not a consumer, and some parts of this Agreement do not apply to persons who are not consumers or are dealt with differently;

"Funding via stored card" means the transaction by which we debit your stored card with an amount, equal to the amount of e-money to be issued by us, plus a fee for the funding operation;

"Funding via bank transfer" means the transaction by which you order a credit transfer from your bank account to the IBAN for funding of LeuPay Wallet and issuing of e-money by us in the business day in which we receive the bank transfer and in the currency in which LeuPay Wallet is opened. Only the verified Client is allowed a Funding via bank transfer;

“Financial Institution”, “iCard”, “Us”, “We” or “Our” means iCard AD, having its seat and registered office at: Bulgaria, Sofia, 76A James Boucher Blvd., PO 1407, UIN: 175325806 authorized and regulated by the Bulgarian National Bank as an Electronic Money Institution under the Electronic Money Directive 2009/110/EC (the “EMD”) with license No. 4703-5081/25.07.2011, fully authorized to provide services in all EEA member states, Principal Member of MasterCard, VISA, JCB and UnionPay, which provides the issuing of card/s, transactions with cards under this Agreement;. A copy of the Public Register of E-money Institutions in which iCard AD is registered can be found at http://www.bnb.bg/PaymentSystem/PSPaymentOversight/PSPaymentOversightRegisters/index.htm?toLang=_EN;

"LeuPay Wallet Chat" is part of the Mobile App that allows you to send encrypted instant messages, such as text, images, stickers, document, pictures, video and other supported files by the Service, to other users registered for the Service. LeuPay Wallet Chat is supported by LeuPay LTD.

"Non-payment transaction" means operation for check of balance, history of transactions and other non-payment transactions available for the Service.

"Payment transaction" means the transactions for payment on POS, payment in Internet for Goods and Services, ATM withdrawal, electronic money transfers or any other payment transactions with e-money or with payment instrument available for the Service;

"Personalized security features" or "Identifying Credentials" means all personalized security characteristics of all payment instruments, such as the App PIN code, cardholder data, PAN, expiry date, CHIP & PIN, CVV, CVC or similar codes, OTP (one time password), security codes and all other unique and/or identifying information that we provide to you for accessing your LeuPay Wallet account and payment instruments and for using the Service under this Agreement. You may view your personalized security features in the account in LeuPay Wallet after entering the App Secret Code initially specified by you;

"Principle currency" means the currency selected by you as default currency and most frequently used by you, upon registration for the Service, or later amended by you via the Service, amongst the currencies, supported by us, in which currency is also our Tariff for the Service, applicable to you;

"Send Money" means a transfer of electronic money within our system from one registered user of LeuPay Wallet to another registered user for the Service;

"Stored card" means the credit card, debit card, or other payment card, which you register for use with the Service and which will be debited by us upon your request against which we shall issue you e-money or which may be used for other purposes specified under this Agreement;

"Verification of stored card" means the procedure we followed and which we perform via the Mobile App, under which we shall verify if you are the authorized user of the stored card, by debit preauthorization of a small amount (approximately 1 or 2 EUR or its equivalent in foreign currency) from the stored card and sending of a secure code to you along with the information for debit preauthorization transaction, which amount, upon successful completion of the verification procedure, will be credited back to your account and which you will be able to spend via the Service, including to transfer it to the account of your stored card;

"Verification of mobile phone number" is the procedure we follow that verifies You Mobile phone number for the Service by sending via SMS a confirmation to your mobile phone number assigned to the device on which you have installed the Mobile App which confirmation must be entered in the Mobile App in order to complete the verification.

Legal Agreement for LeuPay Wallet Card


Last update: 7 th December 2017

1. Legal relationship and Service


1.1.This Agreement is between the Client using LeuPay Wallet Service and Card (referred to as “You”) on one side and iCard AD having its seat and registered office at: Bulgaria, Sofia, 76A James Boucher Blvd., PO 1407, UIN: 175325806 authorized and regulated by the Bulgarian National Bank as an Electronic Money Institution under the Electronic Money Directive 2009/110/EC (the “EMD”) with license No. 4703-5081/25.07.2011, fully authorized to provide services in all EEA member states, Principal Member of MasterCard, VISA, JCB and UnionPay (“Card Organizations”), which provides the issuing of card/s and payment transactions with cards under this Agreement (referred to as “us” or “we” or “our” “Issuer”);. A copy of the Public Register of E-money Institutions in which iCard AD is registered can be found at аhttp://www.bnb.bg/PaymentSystem/PSPaymentOversight/PSPaymentOversightRegisters/index.htm?toLang=_EN;
“LeuPay Wallet Service” is a multi-banking mobile application for smart phones with Android or iOS operation system for instant chats and e-money and payment services, provided by banks and Financial Institutions, licensed by the owner of the platform to use the platform.
The element of your account which constitutes Card/s and payment services with Cards with the logo of the Card Organizations is provided by a licensed financial institution that is a Member to the Card Organizations. To use the LeuPay Wallet Card/s you have to download, subscribe and use LeuPay Wallet Service via the LeuPay Wallet Mobile App.
This Agreement represents an inseparable part of the Legal Agreement for LeuPay Wallet Account, concluded between the Financial Institution and you and regulates the use of LeuPay Wallet Card.

1.2. Summary of most important definitions (see below in Section 11 for other definitions):
"LeuPay Wallet" means an account for electronic money, where the account for e-money is open and maintained by the Financial Institution. Your use of LeuPay Wallet is regulated by the terms of a separate Legal Agreement for LeuPay Wallet Account;
"LeuPay Wallet Balance” means electronic money (monetary value) issued by us on receipt of funds by us as described in detail in this Legal Agreement for LeuPay Wallet Account;
"LeuPay Wallet Card" or "Card" or "Additional card" or “NFC Card”, or “Virtual Card” is a payment instrument issued by us, stated on the back of the Card or in the App, with the logo of the Card Organizations, personalized with security characteristics, such as PAN, PIN and CVC, and used for payments on POS or Internet or cash withdrawals on ATMs according to the terms and limits in this Agreement and the Rules of the Card Organizations. The LeuPay Wallet Card may be plastic card, or virtual card or NFC card in the Mobile App.
"Additional card" means a card, which we issued to you, which is linked to your account e-money that may be without your names, or with your names or with the names of members of the family or close associates of Client. In cases where the cardholder of additional card is not personally yourself, you agree that the Additional card is linked to your LeuPay Wallet and that the Additional Card shall use the electronic money in your balance. You are allowed to have one Additional card unless the LeuPay Wallet Service provides otherwise;
"Contactless payment" is a functionality of LeuPay Wallet Card and Service that allows you to make contactless payments with your phone on NFC enabled POS terminals at Merchants after entry of PIN when requested by the Service. To use this functionality you must install the LeuPay Wallet App on a smartphone, which is NFC enabled;
"Card Organizations" means MasterCard International ("MasterCard"), VISA Europe (VISA), JCB Europe ("JCB") or any other card association or organization applicable hereunder, including any parent, affiliate, subsidiary, or successor, of any of them;
“Financial Institution” means the entity that provides and services your LeuPay Wallet e-money account under your Legal Agreement for LeuPay Wallet Account;
“Issuer” means the company, which is a member of the Card Organizations and is providing issuing and acquiring services for the LeuPay Wallet Service. The Issuer is iCard AD defined in section 1 of this Agreement.
"Personalized security features" or "Identifying Credentials" means all personalized security characteristics of all payment instruments, such as the App Secret code, cardholder data, PAN, expiry date, CHIP & PIN, CVV, CVC or similar codes, OTP (one time password), security codes and all other unique and/or identifying information that we provide to you for accessing your LeuPay Wallet accont and payment instruments and for using the Service under this Agreement. You may view your personalized security features in the LeuPay Wallet Profile after entering the App Secret Code initially specified by you;

1.3. The present agreement regulates the issuing, use and execution of payments with LeuPay Wallet Card, which may be:
(i) a NFC (contactless) card: you may make Contactless payments with the cash in your LeuPay Wallet using an NFC enabled phone, on which the app for the Service is successfully installed (except for the cases where the Service is accessed via an iOS device).
(ii) Virtual card: you are able to make payments in Internet with the virtual card, accessible via LeuPay Wallet Mobile App.
(iii) Plastic payment card: a CHIP&PIN payment card with the logo of the Card Organization and LeuPay Wallet logo, issued by us.

1.4. Issuing of Cards:
(i) The first NFC card is issued and linked to the LeuPay Wallet that you have opened with the Financial Institution at the moment of enrolling for the LeuPay Wallet service (as described in the Legal Agreement for LeuPay Wallet, this Agreement being an inseparable part of the latter)
(ii) The virtual cards are issued in the currency of the wallet and have a 1-year validity. The first Virtual card is issued and linked to the LeuPay Wallet that you have opened with the Financial Institution at the moment of enrolling for LeuPay Wallet (as described in the Legal Agreement for LeuPay Wallet, this Agreement being an inseparable part of the latter). If you have verified status you are entitled to request and receive additional virtual cards via the Service, as well as to replace a virtual card that is about to expire via the Service or delete (remove and deactivate) a virtual card, if the card has been compromised or you no longer want to use it. The main virtual card is free of charge. The additional virtual cards are subject to a fee, stated in the Tariff, charged by us from the balance of e-money in your LeuPay Wallet.
(iii) The plastic Card for POS and Internet purchases and ATM or POS cash withdrawals is not issued automatically and must be ordered by you via the LeuPay Wallet Mobile App, and we may charge issuing fee for it. The Card is issued and linked to your LeuPay Wallet Account as described in this Agreement. In case, where allowed by the LeuPay Wallet Service you may purchase or otherwise obtain an inactive LeuPay Wallet Card by an authorized Agent or Distributor of the LeuPay Wallet Service or Issuer, which will be inactive and not loaded with funds. You agree that to activate such card, you have to enroll for the LeuPay Wallet Service, download the LeuPay Wallet Mobile App and agree with all Legal Agreements and documents and requirements for identification and verification applicable to your use of the Service.
(iv) Your use of the Card/s is subject to opening and maintaining of at least one valid LeuPay Wallet account with a Financial Institution, licensed to us LeuPay Wallet platform.

1.5. You acknowledge and agree that we will issue the LeuPay Wallet Card upon the following conditions being met:
(i) Downloading the LeuPay Wallet Mobile App, officially published by LeuPay Ltd. and agreeing with the Mobile App License Agreement, the User Agreement for LeuPay Wallet, the Legal Agreement for LeuPay Wallet and the present Agreement for LeuPay Wallet Card and all supplementary legal agreements to the aforementioned, all of which represent an inseparable part of the present Agreement.
(ii) Protecting your privacy is very important to us. You must read the Privacy Policy, part of this Agreement, to better understand our commitment to maintain your privacy, as well as our use and disclosure of your information;
(iii) Registering for the 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;
(iv) Verifying the mobile phone number as indicated by us;
(v) Choosing and entering secret code for the mobile app, which is required for using of the Mobile App;
(vi) To use the Contactless payment functionality you must install LeuPay Wallet App on Android smartphone which is NFC enabled, (except for iOS phones, where only contactless payment with the Mobile app is not offered currently);
(vii) You must pass successfully the identification and verification procedure for client verification, as required by us and explained in this Agreement and the Privacy Policy, inseparable part of this Agreement;
(viii) Perform the procedure for Card activation as indicated by us on the cover of the Card, or in the App or on the website of the Service. In some cases, we may allow limited use of the Card prior to completion of the client verification procedure. The limits are specified below in this Agreement and may be changed due to regulatory requirements or at our discretion in case of higher risk.

1.6. By clicking Accept or Agree where this option is made available to you by us via the 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 Agreement and therefore the electronic document of the Agreement is deemed as duly signed by you.

1.7. A link of the Agreement will be provided to you in the LeuPay Wallet 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 LeuPay Wallet Mobile App and also on website www.leupaywallet.com. 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.

1.8. 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.

1.9. You declare that you are concluding the present Agreement you own behalf only and that you are not acting on behalf or on account of third party with respect to the use of the Card.

1.10. 14-days cancellation period in case you have ordered your Card online: For 14 days after agreeing with this Agreement or ordering a plastic Card, an additional NFC or additional virtual card, you have the right to cancel your contract with us by returning your card and cancel your order. We will give you all your available money back to a bank account stated by you. You will not have to pay any charges for exercising this right but you will have to pay for any transactions made during the time your card was active. You can tell us you want to cancel this Agreement via the chat or by calling us at our Contact Center. If you do not use this right, you can still stop using the service or close terminate your Agreement at any time in accordance with the Section 7 of this Agreement.

2. Payment transactions with Cards:


2.1. The payment order executed with Card will be received by us in electronic form. Your consent for execution of the payment transaction with Card becomes irrevocable when you present the Card/NFC-enabled phone for execution of the transaction and:
(a) the chip or the magnetic stripe of Card or NFC built chip is read by the ATM or POS device and/or a valid PIN is entered (except for contactless payments of small amounts) and/or you or authorized cardholder signs the receipt from the device; or
(b) by giving the Card or entering it into a terminal and reading of its chip on a self-service terminal; or
(c) by entering the data of Card, such as the 16-digits number, validity date or CVC2 code in the Internet; or
(d) by providing the card data (number, validity, CVC2) to the provider of goods or services and authorizing him to use it for payment of the respective service by fax, telephone or other communication device. In case of contactless payments of small amounts for which entry of PIN is not required as per the Rules of the Card Organizations, your consent for execution of the payment transaction with the contactless functionality becomes irrevocable when you present your Mobile phone to the NFC enabled POS and enter the PIN for the LeuPay Wallet Mobile App.

2.2. Card, which has been personalized with your names in your capacity of a cardholder, must be used only by you. Card, which has not been personalized with your names in your capacity of cardholder (if offered by the Service), may be used by you or third parties, to whom you provide or make available the Card for which you shall be fully responsible.

2.3. In case you are eligible and have more than one E-money account in your LeuPay Wallet Service, provided by a different Financial Institution, you agree that all your cards are linked to the account provided by the first Financial Institution and can spend the balance available in this account only. If you wish to spend your balance from the other e-money account provided by a different Financial Institution, you have to order a new card, which will be linked to this other account.

2.4. The spending limits with Cards or via Contactless Payments are set out in section regarding “Limits” which is available in the website for the Service and in your Mobile App. To minimize the risk from losses and/or unauthorized transactions, you may set even more strict spending limits via the Mobile App and manage the security characteristics of the payment instruments, as allowed by the Service, via the Mobile App. Requests for blocking and unblocking of Cards may be made only by you (in your capacity of main cardholder).

2.5. You understand and agree that in some cases when you perform a cash withdrawal transaction with your Card at ATM or POS terminal the Service provider supporting the terminal may charge you a fee for the transaction. You understand and acknowledge that we may not control the amount of such fees, prevent their application or affect them in any way. We are not liable for the fees determined by other Service providers.

3. Payment instruments security features. Security measures and Safety Requirements:


3.1. We have provided to you personalized security features for using all payment instruments, included in the Service, such as, but not limited to secret code for access to the LeuPay Wallet App, secret code for confirmation of payment orders, embossed number of the card, PIN, CVC/CVV or similar code of the card/s and others, which are necessary tools for preserving the security of your payment instruments. We will make sure that the personalized security features of the payment instruments are not accessible to parties other than you or any user authorized by you to use the payment instrument, without prejudice to your obligations.

3.2. You are able to control the security of the payment instruments, by enabling or disabling them for certain transactions, such as Internet transactions, ATM cash withdrawal or other, receipt of SMS after each transaction with Card, and imposing limits, which are more stringent than our default spending limits via the LeuPay Wallet Mobile App. You agree to use these security control mechanisms available in order to minimize the risks of unauthorized access to your account and unauthorized transactions. You must use the functionalities for disabling cards for Internet transactions and cash withdrawals only with one click and enabling such Internet transactions or cash withdrawals only when you wish to make such transactions.

3.3. You agree to use personalized security features for your payment instruments 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 even where the Card or payment instrument is PIN based, because even in this case Card or payment instrument can be comprised and result in unauthorized transactions, for which you are fully liable. 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.

3.4. If you believe that your Card(s) 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/or payment instruments, including, but not limited to Cards, and to take all preventive and security measures as allowed by the Service, including to disable the compromised payment instruments via the Service, or allow 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.

3.5. We may suspend the use of the Card in part of wholly, including block the Card/s or the Contactless Payments, where we suspect that their 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 Card, specifying the reasons for the suspension, unless such provision of information would compromise reasonable security measures or be otherwise unlawful. We will unblock the use of the Card or 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.

4. Protection of Your personal information and Financial Secrecy:


4.1. We are authorized to store and process your data, including personal data in terms with applicable legislation, to the extent that this is necessary for the appropriate conduct of the business relations and conforms to the applicable statutory provisions. We only record information which serves to fulfill its duties and do this solely within the scope of the service provided to you. In this respect you authorize us to collect, process and store data relating to you from other banks and other professionals. For information about the data protection Policy, you have to read the Privacy Policy, inseparable part of this Agreement, available on the website for the Service and in the LeuPay Wallet Mobile App. You may request that an electronic copy of Privacy Policy is sent to you in PDF form by contacting us via the chat in the Mobile app.

4.2. Financial Secrecy: we are bound, in accordance with the applicable law, 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 us 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 Issuer or 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 you.

4.3. 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 iCard’s 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.

4.4. 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.

5. Service Fees:


5.1.. We will charge you fees to use the Service, as specified in the Tariff. Tariff may be changed by us unilaterally with 2-month notice sent to you. Updates in Tariff will be indicated via the LeuPay Wallet Mobile App, and you will be duly notified in accordance to the Agreement. We may charge fee for transfers, if it is stated in the Tariff.

5.2. Currency conversion: If a transaction performed via the Service involves a currency conversion, it will be completed at a foreign exchange rate determined by us 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 us and applied immediately by us. It may be viewed in your Mobile App or on https://www.leupaywallet.com/ under Currency Exchange Rates.

5.3. Where a currency conversion is offered by us at the point of sale you will be shown in your 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.

6. Client liability


6.1. When you act 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, if you have not managed to preserve the security of the payment instrument, up to a maximum of 150 EUR. When you do not act as a Consumer you shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect transactions, as a result of use of lost or stolen payment instrument or incorrect payment orders.

6.2. 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.

6.3. 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 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.

7. Termination of the Agreement


7.1. You acknowledge and agree that we may stop providing the Services to you, as provided in the Agreement. You may stop using these services 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.

7.2. If you want to terminate the present 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) Return of your Card to us.

7.3. 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 stop providing the Services and/or 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.

7.4. 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).
(c) The Financial Institution, providing to you the LeuPay Wallet e-money account, to which the Cards are linked, has blocked your account or is terminating your Agreement with you for any reasons. In such case we shall not be liable for terminating this Agreement with you.

7.5. 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.

7.6. 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.

8. Limitation of Warranties:


8.1. 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.

8.2. 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.

8.3. 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.

9. Limitation of Liability:


9.1. 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.

9.2. 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.

10. Communications and Notices


10.1. 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 language, unless we support another language for the Service.

10.2. You agree that we may send notices and other communications to you via LeuPay Wallet App or other reasonable means to any matter relating to your use of LeuPay Wallet Card, including the Agreement (and revisions or amendments to it), notices or disclosures regarding the Card and payment authorizations.

10.3. Particular communications will be handled as follows:
(i) The Agreement will be provided in the Mobile app at the sign-up and will also be available on the website for the service;
(ii) Notifications on changes to this Agreement after the sign-up will be provided the LeuPay Wallet Mobile App;
(iii) Except where this Agreement provides otherwise, a notice to terminate this Agreement will be provided in the chat in the Mobile app;
(iv) Information about balance or transactions or statements will be made available in transaction history on the Mobile App;
(v) Information about a suspension of the use of the Card and about the rejection of transactions with e-money will be made available via the Mobile App.

10.4. Any notice sent to us under this Agreement has to be sent by registered post addresses of registered office, as applicable:
For the LeuPay Wallet Card and all card services:
Att: iCard
LeuPay Wallet Cards Team
iCard AD, James Bourchier 76A, Sofia 1407, Bulgaria

10.5. 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 should be sent via the Mobile App.
(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 the Mobile App.
(iv) Notifications by you that you complain about certain services have to be sent via the Mobile app and via your registered mobile number.

10.6. Any e-mail address stated by us on the website for the service, such as help@leupaywallet.com can be used only for general information purposes on the functionalities of the Service and not to provide client specific information.

10.7. To help us continually improve our services and in the interests of security we may monitor and/or record your telephone calls with us.

11. General legal terms


11.1. Unless otherwise expressly stated in the Agreement or Tariff, all amounts stated in the Agreement are denominated in EURO (EUR) or in Bulgarian lev (BGN).

11.2. This Agreement, including Privacy Policy, Tariff and the other Legal Agreements, constitutes the whole legal agreement for your use of the LeuPay Wallet.

11.3. 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.

11.4. If any court of law having the jurisdiction to decide on a matter relating to the Agreement rules that any provision of the Agreement is invalid in respect 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.

11.5. 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.

11.6. We may transfer our rights and obligations under the Agreement to third party, which is a licensed financial institution giving to you at least two-month notice previous the date of the transfer per e-mail unless such a transfer is required due to regulatory reasons. In case you disagree with such transfer we shall provide you the possibility to terminate the Agreement free of taxes, penalties or other.

11.7. 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 e-money and payment services, provided by iCard AD:
Conciliation Commission for Payment Disputes on the following address: Bulgaria, Sofia, 4A Slaveykov Square, fl. 3, entitled to offer out-of-court solution, which have to be accepted by both parties.

11.8. Both Parties agree that the authentic and/or correct execution of transactions and operations shall be proven with print-outs or statements printed or generated from our IT systems, such as your online account for LeuPay Wallet, our Card System, our Register of E-money or other software systems or platforms used by us in our capacity of regulated E-Money Institution or our Agents or sub-contractors, in the capacity of our authorized Agents or sub-contractors, licensed to use our software or platforms.

11.9. "LeuPay Wallet", "LeuPay Wallet Card", "LeuPay Wallet Chat" and all related URLs, logos, marks or designs, scripts, graphics, interactive features and similar, software, interfaces, standard or special design of 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.

11.10. This Agreement and the relationship between us shall be governed by Bulgarian law, subject to your local mandatory rights. For complaints arising out of or relating to this Agreement or the provision of our Service that cannot be resolved otherwise, you submit to the non-exclusive jurisdiction of the competent court in Sofia, Bulgaria. In simple terms, “nonexclusive jurisdiction of the competent court in Sofia, Bulgaria” means that if you were able to bring a claim arising from this Agreement against us in Court, an acceptable court would be a court located Sofia, Bulgaria, 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.