User Agreement for LeuPay Wallet Platform

Last update: November 20th, 2018

1. Legal relationship and Platform

1.1 This User Agreement is between the Client (referred to as “You”) on one side and iCard Services AD, UIN 175415100 , with seat and registered address in Varna, Business Park Varna, B1, Bulgaria, on the other side referred to jointly as “we”, or “us”, acting as a Registered agent of 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 “Financial Institution”).

The User Agreement regulates your use of the online LeuPay Wallet. All e-money, payment or other linked services are regulated by separate agreements.

“LeuPay Wallet Platform” or “Platform” is a web-based Platform, operated by us, which end-users may use as a gateway in order to enrol and gain access to their e-money accounts, as well as a mobile app for Android and iOS. The LeuPay Wallet Platform also provides real-time communications services (or “chat”).

The E-money account is a separate product, provided by the entity, described in the Legal Agreement for LeuPay Wallet Account, which is a separate legal agreement, concluded via our Platform.

Any issues related to e-money, payment services and instruments, is not a subject of the present Agreement and is described in the respective legal agreement for the product in question.

Not a Framework Contract: For the avoidance of doubt, the present User Agreement does not constitute a "framework contract" for the purpose of the EU Payment Services Directive 2 (EU) 2015/2366 or any implementation of that directive in the European Union or EEA (including, without limitation any national laws implementing the EU PSD).

1.2. Brief description of some of the most important definitions:

“LeuPay Wallet Platform” or “Platform” is a web-based Platform, operated by us, which end-users may use as a gateway in order to enrol and gain access to their e-money accounts, as well as a mobile app for Android and iOS. The LeuPay Wallet Platform also provides real-time communications services (or “chat”).

“LeuPay Wallet User” means a natural or legal person which is an acceptable client the LeuPay Wallet Platform.

"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 Platform, to other users registered for the Platform.

1.3. You acknowledge and agree that a condition for becoming a LeuPay Wallet User is to fulfil the following steps:

(i) Downloading the Mobile App, officially published by us
(ii) Аgreeing with the Mobile App License Agreement and this User Agreement for LeuPay Wallet Platform, as well as 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) You are required to enter valid and true data, such as your name of, Country of residence, mobile phone number that will be used by the Platform, principle currency of the e-money account and other, as required by us
(v) Verifying the mobile phone number for the Platform as indicated by us
(vi) In relation to the Mobile app - choosing and entering secret code (PIN) for the mobile app, which is required for using of the Platform;

1.4. The Agreement will be effective from the date of its acceptance by you ("Effective Date"). By clicking Accept or Agree where this option is made available to you by us via the Website for the Platform or Mobile Application for the Platform and which you hereby adopt as your electronic signature you consent and agree to the terms and conditions of the present Legal Agreement and therefore the electronic document of the Agreement is deemed as duly signed by you.

1.5. A link of the Agreement will be provided to you in the Website or Mobile App from where you may download the Agreement in printable form during or immediately after the sign-up process. A copy of the Agreement, as amended from time to time, is available to you in the Mobile App and also on Website for the Platform www.leupaywallet.eu (“Website”). You may request to be provided with a copy of the Agreement, and a link to the Agreement will be sent to your registered mobile number for the service.

1.6 The Agreement and all communication between you and us will be in English language. Where we have provided you with a translation of the English-language version of the Agreement or communication in other languages, this translation is only for your convenience and you explicitly agree that the English-language version of the Agreement and communication will govern the relationship with us. If there is any contradiction between the English-language version and a translation, the English-language version takes precedence.

1.7 You declare that you are registering for the Platform on you own behalf only and that you are not acting on behalf or on account of third party.

2. Eligibility for LeuPay Wallet Platform

2.1. To be eligible to use any functionalities of the LeuPay Wallet Platform, 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 Website or Mobile app; and (iii) you must be eligible to access the LeuPay Wallet E-money and other payment services, as described in the Agreement for LeuPay Wallet account and LeuPay Wallet Card.

2.2. Upon registration for the Platform and during this Agreement, you must provide current, complete and accurate information by personalizing your Online account, as requested by us and maintain that information as current and accurate during use of the Platform.

3. Types of offered services - Specific functionalities of the Platform. Access to payment and other services via the LeuPay Wallet Platform

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 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.

3.3 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.

3.4. 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 Platform.

3.5 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.

3.6 The Platform 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.

3.7 Regarding the content of the Submissions, you further agree 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.

3.8 You understand that when using the Platform, 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.

3.9. You acknowledge and agree that the provision of any Goods and Platforms performed via LeuPay Wallet, including but not limited to top-up of prepaid or similar services, are transactions between the respective service/goods provider and you and not with us. We are not liable for the performance of obligation of such providers and you should address your claims to them.

3.10. You hereby confirm your understanding that our Platform solely provides you online access to the LeuPay Wallet e-money and payment services, with the exception of some linked activities such as chat services or customized stickers. We are not liable for the provision of the e-money and payment services. In case of any dispute you should address your claims to the company, providing these services to you.

4. Personal Data Protection. Financial Secrecy

4.1. For information about our data protection practices, you are obliged to read the Privacy Policy, which forms an inseparable part of this Agreement, available on our Platform. You may request that an electronic copy of Privacy Policy is sent to you in PDF form by contacting us via е-mail.

5. Use of the LeuPay Wallet e-money and payment services,

5.1. The use of the e-money and payment services, such as funding of account receipt of money, payments with cards, credit transfer, direct debit, currency exchange or others, are regulated in the respective Legal Agreements for LeuPay Wallet Account and Legal Agreement for LeuPay Wallet Card and other legal documents (if applicable), which are concluded with iCard AD, a separate entity – licensed E-money institution under the laws of the Republic of Bulgaria.

6. LeuPay Wallet Acceptance Policy and permissible actions

6.1 You may only use our Platform in bona fide and in accordance with the functionalities of the Platform. You agree to use the Platform only as permitted by:

(i) The Agreement;
(ii) Characteristics, settings and limits of the Platform, including setting of limits and options by you as allowed by the Platform, as published and updated by us from time to time on our website for the Platform or in User Interface for the Platform; and
(iii) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

6.2. It is strictly forbidden to use the Platform in violation of the Agreement, or for any illegal purposes. In particular, you shall under no circumstances use the Platform 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 any restrictions 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 Platforms according to all applicable laws); or
(c) Abuse on your side; or
(d) Use of the Platform in a manner that results in or may result in complaints, disputes, claims, fees, fines, penalties and other liability to us or any of our Branches or Agents, affiliates and other similar; or
(е) 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 Platform;
(f) send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Platform for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(g) 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
(h) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way or use the Platform to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
(i) Use the Platform in connection with any other underlying illegal operation such as but not limited to collection or harvesting any personally identifiable information; or;
(j) Use of the Platform for any sale of purchase of goods and/or services, which are not acceptable to us as determined our website for the Platform or as instructed in writing by us.

6.3 You may not use the Platform and/or may not accept the Agreement and we may temporarily stop or terminate the Platform 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 Platform; or
(b) You are a person barred from receiving the Platform under the applicable laws or Regulations, with the requirements of the entity which provides the e-money and payment services, 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;

6.4 We shall be entitled to notify you at any time for the termination of your use ofthe Platform via the Online account or through the LeuPay Wallet Mobile App, in case you have become a non-acceptable client for us. The decision for the refusal is strictly in our discretion and we shall not be liable for whatsoever compensations.

6.5 You agree that you will not engage in any activity that interferes with or disrupts the Platform (or the servers and networks which are connected to the Platform, or impact or attempt to impact the availability of the Platform, with a denial of service (DOS) or distributed denial of service (DDoS) attack.

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

6.7 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.

6.8 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 Platform on mobile or smart devices, or inability to download or use the Platforms via particular smart device, or lack of Platform or part of the Platform, because of lack of Internet or because of mobile operator services (such as SMS or other) or hardware specifics or problems.

6.9 Non-satisfaction of the conditions in this Agreement may result in immediate suspension of the the Platform, 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.

7. Termination of Agreement

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

7.3. In case you wish to terminate the present Agreement, the company which provides the e-money and payment services will have to terminate the respective legal relationships with you as well. You will be given the option to redeem your e-money balance in accordance with the terms set out in the Legal Agreement for LeuPay Wallet Account.

You will be instructed to destroy or return the LeuPay Wallet Card in accordance with the Legal Agreement for LeuPay Wallet Card, in case it’s applicable.

7.4. In case of any risk of Damages for us, resulting from claims, fees, fines, penalties, your non-compliance with regulations and other similar liabilities arising from your use of the Platform, you hereby agree that we may instruct the entity, which services your e-money account to 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.

7.5 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 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 (for example, where the provision of the Platform to you becomes non-compliant with the Regulations).

7.6 Unless a shorter period is provided in this Agreement, as permitted by law, we may, at any time, terminate the Agreement by giving you 5-days' notice.

7.7 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.

7.8 Death of a natural person and change in legal status

7.8.1 Death of a natural person. We will assume that the relationship between us persists until we are notified in writing about your death. We must be notified by who is legally vested with the rights and obligations to act on behalf of your affairs and will take instructions from him/her/them. Such person may be the heir, legatee, administrator, executor or otherwise. We shall be entitled to receive to its satisfaction such evidence, at your cost, as may be required by us to establish the proper entitlement and authority of the person claiming to be in charge of acting on behalf of your affairs and we shall not be bound to act upon such instructions until such time as we are satisfied of such authority.

7.8.2 Legal Entities: In the event that you are placed into liquidation, bankruptcy or administration or any other analogous process wherein a liquidator, curator or trustee or similar officer is appointed and in whom legal authority and representation is vested, to the exclusion of the persons you may have nominated, we shall be entitled to receive to our satisfaction such evidence, at your cost, as we may require to establish the proper entitlement and authority of the person claiming power to give us instructions and we shall not be bound to act upon such instructions until such time as we are satisfied of such authority. In case where the legal entity or organization is dissolved, the succssessor of the assets (money) in the Account has to provide us with additional information for the due identificaton and verification of the persons, entitled to be provided with access to our service of providing access to the LeuPay Wallet Platform.

8. Limitation of Warranties:

8.1 We make no express warranties or representations with respect to the provision of the Platform. In particular, we do not warrant to you that:

(a) Your use of the Platform will meet your requirements or expectations;
(b) Your use of the Platform will be uninterrupted, timely, secure or free from error; and
(c) Any information obtained by you as a result of use of the Platform 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 Platform, 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 Platform;
(ii) Any change which we may make to the Platform or any permanent or temporary cessation in the provision of the Platform (or any features within the Platform);
(iii) Malfunction of the Platform;
(iv) The deletion of, corruption of or failure to store any communications data maintained or transmitted by or through your use of the Platform;
(v) Your failure to provide us with accurate information; and
(vi) Any fraudulent use of the Platform or attempt for fraudulent use by you or third parties related to you;

9.3 We do not assume any responsibility for the information provided by you or other persons to any third parties upon which we cannot influence or control in any way. You acknowledge and agree that we are not liable for any damages or claims resulting from your use or visit on third parties’ websites.

10. Changes to the Agreement:

10.1 You agree that we may make changes to the Agreement from time to time. We shall give you 5-days' notice of changes in the Agreement, unless a longer period is necessitated by a Regulatory change, or is allowed by law, by notification-mail sent to your e-mail registered for LeuPay Wallet Platform before their proposed date of entry into force.

10.2 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.

10.3 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 Platform from time to time without prior notice, which may be accepted by you by using the new feature. Such revisions may take place using a method chosen at our discretion, and such method may also include email communication or publication on the Website for the Platform 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.

10.4 We may introduce innovations, improvements, developments, new functionalities, upgrade Accounts or amend the names of Accounts or products unilaterally and without your consent, for which we shall inform you via e-mail or via the Website for the Platform.

11 Communications and Notices

11.1 All information will be made available or provided to you in an easily accessible manner, in easily understandable language, in a clear and comprehensible form and in English and other languages supported by us.

11.2 You agree that we may send notices and other communications to you via your Online account for the Platform or via the LeuPay Wallet Mobile App, or via e-mail or other reasonable means to any matter relating to your use of the Platform, including the Agreement (and revisions or amendments to the Agreement), notices or disclosures regarding the Platform.

11.3 Particular communications will be handled as follows:

(i) The Agreement will be provided in the Website and/or the LuePay Mobile app at the sign-up and will also be available on the website for the Platform and in your Online account;
(ii) Notifications on changes to this Agreement after the sign-up will be provided via e-mail ;
(iii) Except where this Agreement provides otherwise, a notice to terminate this Agreement will be provided via e-mail;

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

Att: iCard Services AD
Business Park Varna, B1, Varna, Bulgaria

11.5 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 Platform;
(ii) Notification by you that you do not agree to the amendment of the Agreement and wish to terminate the Agreement prior to entry into force of the amendments has to be sent from you via your registered e-mail for the Platform.
(iii) Notification by you that you complain about certain services have to be sent via your registered e-mail for the Platform.

12. General legal terms

12.1 This User Agreement, including Privacy Policy, Legal Agreement for LeuPay Wallet Account, the Tariff and the other Legal Agreement (such as the Legal Agreement for LeuPay Wallet Card, and other if its applicable), represent the entire legal agreement for your use of the LeuPay Wallet Plaform and any services related to the Platform and completely replace any prior agreements in relation to the Platform.

12.2 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.

12.3 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.

12.4 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.

12.5 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.

12.6 Any claim or dispute arising under the Agreement or as a result of the provision of the Platform should, in the first instance, be referred to us via the Mobile app and/or via your registered mobile number. You have to submit Complains in writing and clearly stating the reasons for complaint. Complaints of clients who have not been successfully identified and verified may not be responded, unless the complaint is related to the process of identification and/or verification of the client. We shall try to resolve the complaint, within reasonable term upon receipt of clear and correctly submitted complaint. We will then investigate and, where appropriate and necessary, take immediate action to rectify the situation. We also undertake to take the necessary steps to prevent a recurrence. All complaints will be acknowledged and you will be informed accordingly of the investigation’s outcome. If you are still dissatisfied with the outcome of the resolution, you may direct your complaint to the following regulatory bodies:

For Complaints related to our services:

The Commission for consumer protection (in case you are using the service in a consumer capacity): https://www.kzp.bg/

For Complaints related to e-money and payment services: See your Legal Agreement for LeuPay Wallet Account.

12.7 "LeuPay Wallet", "LeuPay Wallet Card", "LeuPay Wallet Account" and all related URLs, logos, marks or designs, scripts, graphics, interactive features and similar, software, interfaces, standard or special design of Pay Stickers or visualizations or other related to the Platform, including logos and marks of Card Organizations are protected by copyrights, trademark registrations or Patents or other of our intellectual property rights. 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.

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

Legal Agreement for LeuPay Wallet Account

Last update: November 20th, 2018

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.

A copy of the Public Register of the Bulgarian National Bank of licensed E-money Institutions can be seen at:
http://www.bnb.bg/PaymentSystem/PSPaymentOversight/PSPaymentOversightRegisters/index.htm?toLang=_EN;

“LeuPay Wallet Service” is a FinTech online payment service for e-money, provided by iCard, accessible through the LeuPay Wallet Platform, which is supported by iCard Services AD.

The present agreement regulates the part of the LeuPay Wallet Service, which constitutes of Е-money issuing and distribution, and any other payment services related to said e-money services. These services are provided by a licensed Institution – iCard AD. To use the LeuPay Wallet Account you have to subscribe and use the LeuPay Wallet Platform via the Mobile app.

Important Legal Notice: The e-money issued by us does not qualify as a deposit or an investment service in the sense of the Law and the Client is not protected by any Depositor Compensation Schemes provided by the competent compensation Schemes. Client is not entitled to interest on the balance of e-money or money collected and kept by us under this Agreement.

1.2. Summary of most important definitions (see below in Section 20 for other definitions):

"LeuPay Wallet Account" or “Е-money Account” or “Account” means an account for electronic money, provided by us. LeuPay Wallet Account can solely be Personal - for your personal needs. Your use of LeuPay Wallet is regulated by the terms of the present 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" is a payment instrument, provided by нас по Договора за LeuPay Wallet Карта with the logo of the Card Organizations used for payments on POS or Internet or cash withdrawals on ATMs. The LeuPay Wallet Card is a plastic card, CHIP & PIN based, embossed with names of the cardholder issued with the logo of the Card Organizations. Your use of LeuPay Wallet Card is regulated under a separate Agreement for LeuPay Wallet Card;

“LeuPay Wallet Platform” or “Platform” is a web-based Platform, operated by iCard Services AD, which end-users may use as a gateway in order to enroll and gain access to their e-money accounts, via a mobile app for Android and iOS

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 for the Service, published by iCard Services AD., 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 LeuPay Wallet 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 Website 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 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 on Website of the Service 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 Consumers: If you act in your capacity of Consumer, 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 your Online account 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 14 of this Agreement.

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 (unless you are a Dependent, as described below); and (ii) be resident of the countries, listed on the Website; 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 LeuPay Wallet Platform (via the Website for the Service), 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. We reserve our right to ask for any additional personal details, additional documents including without limitation, originals or certified copies of proof of address, originals or notarized copies of ID documents or other documents at any time.
(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 documents for proof of address, other documents, 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 the 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 your Online account. 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 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 your Online account, as requested by us and maintain that information as current and accurate during use 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 Set-off. You agree that LeuPay Wallet Service may set-off any of the amounts held in your e-money accounts or currency balances held or controlled by you with any fees, charges or other amounts you owe to us or our Affiliates. In simple terms, our right to set-off means that we may deduct such fees, charges or other amounts due by you to us or our Affiliates. If such set-off includes a currency conversion we will convert the amount that you owe us according to our currency exchange rate for the date of the operation.

2.8 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.

2.8.1 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.

2.8.2 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.

2.8.3 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.

2.8.4 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 and Receipt of money:

You may purchase or receive e-money in the following ways, as allowed by the Service.

3.1 Funding with a stored card:

3.1.1 You may decide to register a valid card (stored card), of which you’re an authorized holder, which will be used to fund the purchase of e-money for the Service. Purchase of e-money via stored card may be for amount defined by 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 this Agreement. By adding a stored card you 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 Member, 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 Online account. You may change the limits, as allowed by the Service, by completing successfully the procedure for verification of stored card, available in your Online account.

3.1.2 We 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:

a) Debit or charge the stored card for the purchase of e-money and/or processing of a funding or payment transaction, including all related fees, as applicable;
b) Debit or charge the stored card for processing of all payments, which are required to charge You for any other fees or charges arising from this Agreement or use of the Service;
c) Upon your explicit request and our consent of or in other cases of reversal of payment operation or refund of sums, to credit, if possible, to your stored card such amounts as may be necessary to effect any Reversal of a funding or payment transaction or refunds of amounts, through the Service.

3.1.3 If you choose to register multiple stored cards, you must select the priority order, to be followed by us for funding transactions. You have to select the order for debiting of your Account from available Account Balance or stored card. You may enable via the Servicee, and afterwards - disable, the functionality for automatic funding of your Account from the stored card with the purpose for payment on physical POS or virtual POS (in Internet) in which case there will be no funding fee for such funding operation. In order to enable this option, we may have requirements for verification of stored card or others, as requested by us. If you activate this option, you (1) cannot dispute or make chargeback of the funding operation and (2) agree that if the stored card cannot be debited for some reason and you have enough Balance in your Account, then your Balance may be debited for the performance of the payment transaction.

3.2 Funding via bank transfer: You can order a credit transfer from a bank account to your LeuPay Wallet Account for e-money provided by us. Upon receipt of the amount of the transfer by us, we will issue electronic money in the same amount and currency as the amount and currency received by us and in the same business day as the date of receipt of the funds. We are not responsible for and do not control when we are going to receive the funds from your payment services provider and whether your payment services provider or correspondent banks will charge you fees for the transfer and will transfer the full amount to us. You will be notified through information in the Online account in the Balance and transaction history on the amount of issued money and date of credit operation.

3.3 In order to receive the amount in the Account, you must provide the correct number of your Account and/or correct IBAN, as well as other beneficiary account details, as stated in your Online account. The limits for Funding via bank transfer are set out in the Online account.

3.4 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, upon our sole discretion.

3.5 The credit value date for the Payee's account (your Account) and the amount of the funding transactions shall be available no later than the Business day on which the amount of the funding transaction is credited to the Account, held with us.

3.6 Funding in cash: If and when it is allowed and provided by the Service, you will be able to purchase e-money in cash only in the places where this funding is allowed by us and only for type of Accounts and limits for funding in cash, approved by us. Funding in cash is possible in the offices, stores or points of sale of some of our authorized agents or subcontractors, listed on the Website for the Service. Funding in cash is available in limited places and countries, stated on the Website for the Service (“authorized points for cash-in”). The authorized points for cash-in services may charge you at their discretion a fee for the cash-in service on top of the amount to be funded in cash. We shall issue e-money in the same amount as the amount paid in cash by you, less fee for cash-in (if there is such) and shall make the amount available to you immediately after the receipt of funds, or in case of a Payee, who is not a Consumer – at latest on the next Business day after the receipt of the funds. In some cases, such as co-branded programs with sub-contractors, upon our sole discretion, we may make the amount available to you earlier than the receipt of funds by us. Limits on funding in cash operations may vary depending on place and country and are provided to you on the Website for the Service or on spot.

3.7 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 various Services by We or on other grounds, or may be rejected or delayed, for reasons beyond our reasonable control. We do not guarantee the acceptance of any particular funding method, and may make changes or discontinue the acceptance of any particular funding method at any time and without prior notice to you, for which we are not liable.

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

3.9 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.

3.10 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.

3.11. In any event, in case of any payment operation which may be considered to be an EU cross-border payment made in EUR currency, the amount shall be transferred by us into the account of the beneficiary’s payment service provider no later than the end of the working day on which the order was placed

3.12 Receipt of money: Your Account may be funded with e-money on receipt of money by you from your other Accounts in our system and services or from other bank accounts. In order to receive money from a Client’s Accounts in our system, you have to provide to the Payer either your registered email for the Service or your registered Mobile phone number for the Service or the number of your Account, available in your Online account. In order to receive money from a bank account (inbound money transfer), you must provide to the Payer the correct number of your Account and/or correct IBAN, as well as other beneficiary Account details, as stated in your Online account.

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 iCard Services AD 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 which comply with the principles of strong customer authentication for using all payment instruments, included in the Service, such as, but not limited to, password, OTP (one-time passcodes) received via SMS or generated via special mobile applications for access to Online account and making a payment order, embossed number of the card, PIN, CVC/CVV or similar code of the card, password for Mobile Application 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 the entitled to use the payment instrument user and conform to all Regulatory Technical Standards, without prejudice to your obligations.

6.2 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 or email after each transaction with Card, and imposing limits, which are more stringent than our default spending limits via the Service (Online account, Mobile App or SMS commands via registered mobile number or in other available ways). You agree to use these security control mechanisms available via the Service in order to minimize the risks of unauthorized access to your Account and unauthorized transactions. You must use the functionalities of the Service for disabling cards for Internet transactions and cash withdrawals only with one click or with SMS and enabling such Internet transactions or cash withdrawals only when you wish to make such transactions.

6.3 You agree to use your credentials, such as username and password and other 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. You must not disclose the credentials for access to a Business account (username and password), because they may be identical with the credentials for access to your personal account and there is a risk of unauthorized transactions. 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.

6.4 You acknowledge and agree that all Cards linked to your Account are providing access to the e-money in your Account and you shall be liable for all transactions and charges arising of the use of Cards, associated with your Account.

6.5 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 or via "Contact us" on our Website for the Service, 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.

6.6 We may suspend the use of the Service in part of wholly, including block the Card, or Account, 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 Service, specifying the reasons for the suspension, unless such provision of information would compromise reasonable security measures or be otherwise unlawful. We will provide the Service or replacement credentials or personalized security characteristics to you, as soon as practicable after the reasons for the suspension cease to exist and on condition that you have satisfied all obligations towards us.

6.7 More information on security measures, which you must and are able to take, is provided on the Website for the Service or in the Online account.

7. Protection of your personal information and our Professional Secrecy Obligation:

7.1 We are authorized to store and process your data, including personal data in terms with the applicable legislation and the terms of the present agreement 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 fulfil our 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 our data protection Policy, you have to read the Privacy Policy 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 through the "Contact us" on the Website for the Service.

8. Our Acceptance Policy and permissible transactions:

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 agree 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 the Online account 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 including but not limited fraud, money laundering, tax evasion or other illegal activities. In particular, you shall under no circumstances use the Service for activities or execution of transactions, 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, 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 regulatory or our Internal requirements, 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
e) Initiation of transactions that may be considered to be cash advances or assisting in cash advances from Merchants or to facilitate the purchase of cash equivalents (travellers' cheques or money orders, etc.); or
f) Infringement of ours or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; or
g) Use the Service in connection with any other underlying illegal transaction;
h) Use of the Service for any sale of purchase of goods and/or services, which are not acceptable to us as determined on our Website for the Service or 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 or Agreement immediately and without prior notice to you, if:

a) You are not of legal age to form a binding contract with usand 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 sole discretion; or
d) Other important reasons, upon our sole discretion, such as risk and compliance;

8.4 We shall be entitled to notify you at any time about the cessation of the provision of the Service to you via e-mail. The decision for the refusal is strictly in our discretion and we shall not be liable for whatsoever compensations.

8.5 You authorize us to obtain a credit report and/or to otherwise make credit or other background enquiries from time to time, as we may deem appropriate, to evaluate your registration for or continued use of the Service.

8.6 You agreе not to access (or attempt to access) any of the Service by any means other than through the Online account of the Service and Card that we have provided for the Service, unless you have been specifically allowed to do so in a separate agreement with us. You acknowledge that this restriction will apply to use of the Service by any automated means.

8.7 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).

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

8.9 You agree that you are 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.

8.10 You acknowledge and agree that in order to meet all obligations after the 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 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.

8.11 We may refuse to execute any funding or payment transaction, payment order 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 withour 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.

8.12 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.

8.13 We are not liable for declined payment transactions or lack of Service, 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.

8.14 Non-satisfaction of the conditions in this Agreement and/or our Acceptance Policy, may result in immediate suspension of your use of the Service, blocking of funds in your Account, our right to withhold funds in your Account for satisfaction of damages incurred by us, because of you rbreach, our claim against you, initiation of procedures before competent regulatory bodies or Card Organizations, and also termination of this Agreement without prior notice to you.

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 to you. Updates in Tariff will be indicated on the Website for the Service or via the Online account, 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 transaction 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 applied immediately by us. 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 the foreign exchange rate that will be applied to the transaction before authorising the payment transaction on our Website for the Service. By proceeding with authorisation 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 shall 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 consent to 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 Institution or Member that issues the stored card or providеs the bank account to you, used for funding tranactions, 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 are not liable for taxes, fees or costs imposed by third parties.

9.6. In case where your LeuPay Wallet 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 or Reserve amount, or collateral amount, 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. Your liability

10.1 In case you are using the Service as a Consumer, you shall be liable for all losses incurred in respect of unauthorized transactions, as a result of use of lost or stolen payment instrument or from its misappropriation, before it is reported for up to a maximum of 50 EUR unless you were able to detect the loss, theft or misappropriation of the payment instrument before the payment was made or the loss was caused by acts or lack of action of an employee, agent or branch of ours. In case you are not using the Service as a Consumer, you shall be liable without limitation for all losses incurred in respect of unauthorized or incorrect transactions, as a result of use of lost or stolen payment instrument or from its misappropriation or incorrect payment orders. When you do not use LeuPay Wallet Service as a Consumer, you agree that all payment transactions with your LeuPay Wallet Account or Card or other payment instruments will be considered as authorized by you if they are registered in the system of the respective Financial Institution. In case that the unauthorized transaction was made through a third-party payment service provider approved by the payment initiation service, we shall immediately refund the amount involved in said unauthorized transaction no later than by the end on the next working day. If applicable, the status of the debited account shall be restored to the state it would have been had the unauthorized transaction not been made, nothwistanding any rights of recourse to which we may be entitled against the payment service provider. Your liability cap of 50 EUR maximum arising from unauthorized transactions under the terms set out in the above paragraph shall likewise apply in the event of transactions made through a third-party payment service provider.

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 has, 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 your are not a Consumers) incurred by you in respect of unauthorized or incorrect transactions made after you have informed us for the unauthorized or incorrect transaction and we has 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 have acted as a 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 redress, we will refund the amount of the unauthorized transactions, less applicable fees as per Tariff, by crediting your Account.

In the case of an unauthorised payment transaction, which debits your Account, including where the unauthorized transaction was made through a third party authorised payment initiation services provider (PISP), we shall refund the amount of the unauthorised payment transaction immediately, and in any event no later than by the end of the following business day, after being notified of the unauthorized transaction by you or your legal representative (in case of legal entities), except where we have reasonable grounds for suspecting fraud and communicate those grounds to the relevant national authority in writing. Where applicable, we shall restore the debited account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for your account shall be no later than the date the amount had been debited. You have to inform us via your registered e-mail in case of unauthorized transaction and request a refund. You have to be fully identified and verified and your account has to be in good standing and not blocked for security or compliance reasons.

10.4. You agree to indemnify, defend and hold us harmless , from and against any losses or negative Balance on Account or Cards, resulting from any and all actions, causes of actions, claims, demands, liabilities, judgments, damages or expenses (collectively, "Claim" or "Claims") which we may at any time during the term of this Agreement or within 5 (five) years after its termination incur, sustain or become subject as a result of any Claim and: (a) connected to your or your employees’, agents’ or sub-contractors’, or 3rd parties’ use of the Service, including, but not limited to Accounts or Cards, breach of any provision, warranty or representation in this Agreement, or regulations of Card Organizations or other Organizations; or (b) arising out of your or your employees’, agents’ or sub-contractors’, or end customers’ or 3rd parties’ use of the Service, including, but not limited to Accounts or Cards, willful acts or omissions, gross negligence, or other similar wrongdoings or claims, or fraud, charge back, including, but not limited to amounts and fees debited or charged by Card Organizations for charge back, initiated by you or 3rd parties, offline transactions, recurring transactions, currency conversions, pre-authorization, manual operations, stand-in process, system malfunction, or other unlawful use of the Card and/or e-money; or (c) arising from your or your employees’, agents’ or sub-contractors’, or end customers’ or 3rd parties’ use of the Service, including, but not limited to Accounts or Cards, failure to comply with any law or regulation including but not limited to AML, data protection laws, Cardholder´s data information and other rules and regulations. 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 Account, or from any 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 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.

10.4.1 In case of outstanding obligations of yours towards us or any of our Affiliates, you consent explicitly and irrevocably and authorize us to debit the amount of your obligations from your account/s with us without prior notice and pay your obligations on your behalf. The information on the debit transaction value and date will be shown in the Client’s online account.

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 Right of Retention: Unless otherwise agreed between the parties in writing, according to applicable law we may exercise a right of retention over all your money in your account/s with us or our Affiliates until all outstanding fees, costs, charges, expenses and liabilities owed to us have been paid in full.

10.7 In addition to our right of indemnification, in case where your LeuPay Wallet Account has been blocked by us for compliance or security reasons, or under order by a regulator, due to your breach of this Legal Agreement or use of the Service by you in breach the applicable laws or the Rules of the Card Organizations, we shall be entitled to block your LeuPay Wallet Account and all or part of the Services, without prior notice to you and we shall be entitled to receive as a penalty for each breach by you, equal to 20% of your turnover via LeuPay Wallet Service for a period not exceeding the last 12 (twelve) months prior to the blocking of the account, and per each breach. We reserve our right to withhold amounts and/or seek higher compensation for our actual damages.

10.8 Right of Withhold or Set-off: Unless otherwise agreed between the parties in writing, according to the applicable law we may exercise a right of withhold and/or set-off over all your money in your Account/s with us until all outstanding fees, costs, charges, expenses and liabilities due to us have been paid in full.

10.9 We shall be released of liability in the case that a card is not accepted by a Merchant or another financial institution that has undertaken to sell goods or render services paid for by card or in the event of incidents of a technical or operational nature that affects ATMs. We shall be held harmless from any incidents and liabilities that may arise from transactions conducted between us.

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 when you stop using the Service. The Agreement will continue to apply until terminated either by you or 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 below; and
b) Closing your Account for the Service, including withdrawing or redeeming the available balance of e-money; and
c) Return of 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, Wwe 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 without notice if:

a) You have breached any material provision of the Agreement or law, including but not limited to the AML/KYC and/or FT laws and regulations or our internal rules, or Regulations of Card Organizations or other Organizations (or have acted in a manner which clearly shows that you do not intend to or is 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 both parties 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 You are entitled to request personally by sending an e-mail from “Contact Us” on our Website for the Service to redeem (buy back) part or all available Balance of your e-money, less all applicable fees. The request for redemption of e-money has to be signed by a legal representative or a person explicitly authorized by you in relation to the Business Account. Subject to the successful completion of applicable anti-money-laundering, fraud, risk and other checks of every request for redemption by us and subject to the expiry of any reserve/hold/block or collateral under this Agreement or the law, 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 the same currency as the currency in your account or in one of the currencies, supported by us, as notified by us on our Website for the Service. The e-money is issued by us in our capacity of a E-money Institution and your claim of for the available balance of e-money is towards us.

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 is 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 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 persists until we are notified in writing about your death. We must be notified by who is legally vested with the rights and obligations to act on behalf of your affairs and will take instructions from him/her/them. Such person may be the heir, legatee, administrator, executor or otherwise. We shall be entitled to receive to its satisfaction such evidence, at your cost, as may be required by us to establish the proper entitlement and authority of the person claiming to be in charge of acting on behalf of your affairs and the Bank shall not be bound to act upon such instructions until such time as we are satisfied of such authority.

12. Limitation of Warranties:

12.1 We, our Agents or sub-contractors, make no express warranties or representations with respect to the provision of the Service. In particular, we, our Agents or sub-contractors 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, our Agents or sub-contractors or Licensees, 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 by you or third parties;
c) (in case you are not a Consumer) Any compensation for fees or interest paid or levied on you , 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 email sent to your email address and/or by notifying you in the Online account or the Website of the Service before their proposed date of entry into force.

14.2 You understand and agree that you will be deemed to have accepted the changes unless you notifie us to the contrary by notice, as provided hereinunder, 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 include email communication or publication on a our Website for the Service; 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. For each transaction made through the Service we shall provide to you information about its execution deadline, the fees to which you shall be subject and, if applicable, a breakdown of the fees, provided such information is requested prior to execution. Furthermore, once the fees have been debited from your LeuPay Wallet account, we shall provide you with the following information: (i) a reference number that enables you to identify each payment and, if applicable, information about the beneficiary; (ii) the amount involved in each payment; (iii) the amount of any fees charged and, if applicable, the corresponding breakdown; (iv) the exchange rate to which each payment is subject, if applicable, and (v) the date of debit or receipt of a payment order. You are entitled to request this information to be provided or made accessible regularly, at least once a month, free of charge, provided you are allowed to store this information and reproduce it without changes.

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

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.

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 Bulgarian lev (BGN).

16.2 The Agreement, including Privacy Policy, Tariff and if applicable other appendices, constitutes the whole legal agreement between us and governs your use of the Service (but excludes any services which we may provide to you under a separate written agreement) and completely replaces any prior agreements between us in relation to the Service.

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 our 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, then that provision will be removed from the Agreement 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 licensed to issue e-money 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 of such transfer and if you disagree with it 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 your registered and verified e-mail address for the Service. You have to submit Complains in writing and clearly stating the reasons for complaint. We may not respond to a complaint if you have not been successfully identified and verified, unless the complaint is related to the process of identification and/or verification. 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 ur IT systems, such as your online account, our Website of for the Service, our Card System of or the Member’s, our Register of E-money of or other software systems or platforms used by us in the capacity of regulated Financial institution or its sub-contractors, licensed to use our software or platforms.

16.9 “LeuPay Wallet”, “LeuPay Wallet Card”, LeuPay Wallet, www.leupaywallet.com and all related URLs, logos, marks or designs, software, interfaces or other related to the Services, including logos and marks of Card Organizations are protected by copyright, trademark registration or Patent or our other intellectual property rights or third party Licensor’s. You may not use, copy, imitate, modify, alter or amend, sell, distribute or provide them without our prior written explicit consent to do .

16.10 The Agreement and our relationship under the Agreement will be governed in all cases by Bulgarian law. 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 using the Service as 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:

"Agreement" means this legal Agreement for LeuPay Wallet Account, as it may be amended from time to time by us;

“Balance” means any electronic money (E-money) in any currency, supported by us that you have in the account for e-money;

“Business account” means an account used primarily for business purposes and not for personal, family, or household purposes.

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

“Member” or “Issuer” means a company that is Principal Member of the Card Organizations, MasterCard, VISA, JCB, UnionPay and other, licensed to issue cards with the logo the Card Organizations;

“Card” means “LeuPay Wallet Card”, issued as part of the Service, collectively called "Card" means a payment instrument, issued by the Member, with the logos of and one of the Card Organizations, providing possibility for the Cardholder to submit payment orders for payment on POS and in Internet, or ATM transactions, such as cash withdrawal or Balance check. The Card is linked to your account for e-money. Card is always personalized with personalized security characteristics, such as PAN, expiry date, CHIP & PIN based, CVV or CVC or similar characteristics, and is with or without Cardholder names embossed.

“Additional card” means a card, which is linked to your account for e-money, that may be without your names, or with your names or with the names of members of your family or close associates. Cardholders of additional cards, different from you, do not have account for e-money and use your electronic money.

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

"Cardholder" means a person to whom a Card has been issued and/or any authorized user of such Card;

“Currencies, supported by us” means various currencies, supported by us for the Service, in which we issue electronic money, notified on our Website 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.

"Disputes" means any disagreements, complaints, litigation, arrangements and/or other such disputes between us arising from this Agreement or in relation to the use of Service, or any applicable law;

"Electronic Money" or “e-money” means monetary value issued by us on receipt of funds, registered in electronic form in our Register of e-money in our IT System and indicated as a Balance, which represents your claim towards us for redemption and is accepted as means of payment by persons other than us.

"Email address" means the email address provided by you during sign-up for the Service or later amended by you via the Service, which we will use for communication with you;

"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, performed with the purposes of payment of amount for e-money, or also execution of payment transaction through the Service or charging you under this Agreement;

"Funding via bank transfer" means the transaction by which you will order a credit transfer from your bank account to your account and upon receipt of the amount of the transfer by us, we will issue electronic money in the same amount as received by us and in the same business day.

“Mobile Application”, such as LeuPay Wallet Mobile App, means a software application, part of the Platform, for smartphones, allowing access to your LeuPay Wallet account and managing the settings of your Card and Account;

"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 iCard Services AD.

"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 username and password, Cardholder’s 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 to access your account and payment instruments and use the Service under this Agreement;

"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 our Tariff for the Service, applicable for you;

“Send Money” means a transfer of electronic money within our system from one client’s account for e-money to another Client’s account for e-money;

"Service" means issuing of electronic money from us upon receipt of funds from you, providing account for electronic money with Balances in multiple currencies, unique identifier of the account for electronic money and/or IBAN as unique identifier for your different Balances, issuing and acquiring of prepaid cards with the logo of MasterCard, VISA, JCB and other Card Organizations, money transfers within our system and SEPA and International money transfers and all payment services and related products available through the Website(s) for the Service, such as www.LeuPay Wallet.eu and all related URLs.

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

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

"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.

“Financial Institution” or “We” 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 Principal Member of MasterCard, VISA and JCB.

“Affiliate” means, in relation to a body corporate, any subsidiary, subsidiary undertaking or holding company of such body corporate, any subsidiary or subsidiary undertaking of any such holding company (as each such term is defined in the Sale And Purchase of Securities Act)

"You" or “Client” means a natural or legal person or other type of entity, that registers for the Service or actually uses the Service;

Legal Agreement for LeuPay Wallet Card

Last update: November 20th, 2018

1. Legal relationship and Service

1.1 This Agreement is between the Client using LeuPay Wallet Service and LeuPay Wallet 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” or “Member”);. 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 Service” is a FinTech online payment service for e-money, provided by iCard, accessible through the LeuPay Wallet Platform, which is supported by iCard Services AD.

The present agreement regulates the part of the LeuPay Wallet Service, which constitutes of Card/s issuing and processing, and any other payment services with Cards with the logo of the Card Organizations. These services are provided by a licensed Institution, which is a Member to the Card Organizations – iCard AD. To use the LeuPay Wallet Card/s you have to subscribe and use the LeuPay Wallet Platform via the Mobile app.

This Agreement represents an inseparable part of the Legal Agreement for LeuPay Wallet Account, concluded via LeuPay Wallet Platform.

For the purposes of the present Agreement, all consumer-related protections shall apply to Clients which are micro-enterprises and are protected as Consumers under the payment services legislation of their domicile.

1.2 Summary of most important definitions:

"LeuPay Wallet Card" or "Card" is a payment instrument, provided by us with the logo of the Card Organizations used for payments on POS or Internet or cash withdrawals on ATMs. The LeuPay Wallet Card is a plastic card, CHIP & PIN based, embossed with names of the cardholder. The LeuPay Wallet Card provides access to the funds in the LeuPay Wallet Account to which it is linked.

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

“Member” means the company, which is a principal member of the Card Organizations and is providing card issuing services. The Member is iCard AD defined as a party to this Agreement.

1.3 The present Agreement regulates the issuing, use and execution of payments with LeuPay Wallet Card.

1.4 Issuing of Cards:

(i) The plastic payment card for POS and Internet purchases and ATM or POS cash withdrawals is not issued automatically and must be ordered by you via the Online account on the Website for the Service or via the LeuPay Wallet Mobile App for which we may charge issuing fee. 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 directly from the Member, where the Card will be inactive and not loaded with funds. You agree that to activate such Card, you have to enroll for the LeuPay Wallet Service and agree with all Legal Agreements and documents and requirements for identification and verification applicable to your use of the Service.
(ii) Your use of the Card/s is subject to opening and maintaining of at least one valid LeuPay Wallet Account.

1.5 You acknowledge and agree that we will issue the LeuPay Wallet Card and you can use LeuPay Wallet Card upon the following conditions being met:

(i) Agreeing with the User Agreement for LeuPay Wallet, the Legal Agreement for LeuPay Wallet Account and the present Agreement for LeuPay Wallet Card and all supplementary legal agreements (if applicable);
(ii) Protecting your privacy is very important to us. You must read and agree with 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 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) Perform the procedure for Card activation as indicated by us on the cover of the Card, or the Online account, or in the LeuPay Wallet Mobile 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 with regulatory limits, such as 150 EUR or other in compliance with the law. 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.
(vi) Successfully pass the identification and verification procedure as per your Legal Agreement for LeuPay Wallet Account, to which Account the Card will be linked.

1.6 By clicking “Accept” or “Agree” where this option is made available to you by us on the Website 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 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 Website for the Service. 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.

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 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.

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 The spending limits with Cards or via Contactless Payments are set out the LeuPay Wallet Mobile App. To minimize the risk from losses and/or unauthorized transactions, you may set even more strict spending limits via the LeuPay Wallet Mobile App and manage the security characteristics of the payment instruments, as allowed by the Service, via the LeuPay Wallet Mobile App. Requests for blocking and unblocking of Cards may be made only by you in your capacity of main cardholder.

2.4 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 which comply with the principles of strong customer authentication for using all payment instruments, included in the Service, such as, but not limited to secret code for access to the LeuPay Wallet Mobile 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 and conform to all Regulatory Technical Standards, 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 Service (LeuPay Wallet Mobile App or SMS commands). 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 Features 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 When you do not act as a consumer you agree that when a transaction is executed with your LeuPay Wallet Card the use of your LeuPay Wallet Card recorded in our system by us as appropriate means that the transaction is authorized by you. The appropriate use includes without limitation any transaction in which the chip or the magnetic stripe of your LeuPay Wallet Card is read by any ATM or POS device, or a self-service machine, and/or your valid PIN is entered, and/or the data of your LeuPay Wallet Card, such as the 16-digits number, validity date or CVC2 code is entered in the Internet. In case where the transaction is executed by a third party the use of your LeuPay Wallet Card recorded in our system as appropriate means you have breached your obligation for protection of your security features with gross negligence or you have acted with fraud, or you have willfully shared your Personalized Security Features with a third party.

3.5 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 Personalized Security Features and/or Identification Credentials 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.

3.6 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 Features, 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 Online account for the Service.

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 transaction 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 obtain foreign currency). The exchange rate may be applied immediately and could be viewed by you in your LeuPay Wallet Mobile app.

5.3 Where a currency conversion is offered by us at the point of sale you will be shown in your Mobile App 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’s 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 or from its misappropriation, before it is reported, up to a maximum of 50 EUR unless you were able to detect the loss, theft or misappropriation of the payment instrument before the payment was made or the loss was caused by acts or lack of action of an employee, agent or branch of ours. When you do not act as a consumer and you use your LeuPay Wallet Card, you shall be liable without limitation for all losses incurred in respect of any unauthorized or incorrect transactions executed with your Card, as a result of lost or stolen payment instrument or from its misappropriation or incorrect payment orders. In case that the unauthorized transaction was made through a third-party payment service provider approved by the payment initiation service, we shall immediately refund the amount involved in said unauthorized transaction no later than by the end on the next working day. If applicable, the status of the debited account shall be restored to the state it would have been had the unauthorized transaction not been made, nothwistanding any rights of recourse to which we may be entitled against the payment service provider. Your liability cap of 50 EUR maximum arising from unauthorized transactions under the terms set out in the above paragraph shall likewise apply in the event of transactions made through a third-party payment service provider.

6.2 Notwithstanding the provision above, 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 E-money account, or Card or other. When you do not act as a consumer and you use your LeuPay Wallet Card you agree that it is for you to prove that the payment transaction was unauthorized or incorrectly executed.

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.

In the case of an unauthorised payment transaction, which debits your Account, including where the unauthorized transaction was made through a third party authorised payment initiation services provider (PISP), we shall refund the amount of the unauthorised payment transaction immediately, and in any event no later than by the end of the following business day, after being notified of the unauthorized transaction by you or your legal representative (in case of legal entities), except where we have reasonable grounds for suspecting fraud and communicate those grounds to the relevant national authority in writing. Where applicable, we shall restore the debited account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for your account shall be no later than the date the amount had been debited. You have to inform us via your registered e-mail in case of unauthorized transaction and request a refund. You have to be fully identified and verified and your account has to be in good standing and not blocked for security or compliance reasons.

6.4 You agree that we are entitled to satisfy immediately as they become due any of your obligations by debiting or withdrawing directly funds from your LeuPay Wallet account under Legal Agreement for 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.

6.5 We shall be released of liability in the case that a card is not accepted by a Retailer or Bank that has undertaken to sell goods or render services paid for by card or in the event of incidents of a technical or operational nature that affects ATMs. We shall be held harmless from any incidents and liabilities that may arise from transactions conducted between us. You shall not bear any financial consequences for the use of the card subsequent to it being reported as lost or stolen, except in the case of fraudulent acts.

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 and the Legal Agreement for LeuPay Wallet Account. 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) We block the LeuPay Wallet E-money account, to which the Cards are linked, or otherwise decide to terminate the LeuPay Wallet Account 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. For each transaction made through the Service we shall provide to you information about its execution deadline, the fees to which you shall be subject and, if applicable, a breakdown of the fees, provided such information is requested prior to execution. Furthermore, once the fees have been debited from your LeuPay Wallet account, we shall provide you with the following information: (i) a reference number that enables you to identify each payment and, if applicable, information about the beneficiary; (ii) the amount involved in each payment; (iii) the amount of any fees charged and, if applicable, the corresponding breakdown; and (iv) the date of debit or receipt of a payment order. You are entitled to request this information to be provided or made accessible regularly, at least once a month, free of charge, provided you are allowed to store this information and reproduce it without changes.

10.2 You agree that we may send notices and other communications to you via emails, via the LeuPay Wallet Mobile App (if applicable) 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 to your email registered for the Service or on the Online account, or the LeuPay Wallet Mobile App;
(iii) Except where this Agreement provides otherwise, a notice to terminate this Agreement will be provided to your email registered for the Service or on the Online account;
(iv) Information about Balance or transactions or statements will be made available in transaction history on the Online account or 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 to your email registered for the Service or on the Online account, or 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 or emails stated on Website for the Service and on the back side of the Card;
(ii) Notification of application for Card should be sent via or via email the Online account or via LeuPay Wallet 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 from your registered email for the Service, from your Online account or via the LeuPay Wallet Mobile App.
(iv) Notifications by you that you complain about certain services have to be sent via from your registered email for the Service, the Mobile app and via your registered mobile number.
(iv) Customers claims for refunds of unauthorized transactions have to be sent to us with clear explanation of the claim, reasons why do you believe that the transaction is unauthorized and a request for refund, via e-mail from your registered e-mail for the Service to the e-mail, published on the website for the Service: support@LeuPay Wallet.eu. We reserve our right not to honour requests for refunds of unauthorized transactions made via the chat channel of communication.

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

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 Service.

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 Member 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 in a written form. You have to submit Complains in writing and clearly stating the reasons for complaint. We may not respond to complaints submitted by you, when you 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 the Service for the LeuPay Wallet Service, our Card System, our Register of E-money or other software systems or multims 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", 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 The Agreement and relationship between you and us arising under this Agreement will be governed by Bulgarian law. When you are using the LeuPay Wallet Service not as a consumer, the Parties agree to submit to the jurisdiction of the competent court in the City of Sofia, Bulgaria to resolve any dispute arising between them. Nevertheless, the Client agrees that we will still be allowed, upon our discretion, to bring a claim or apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court or jurisdiction.