Terms & Conditions
ملحق رقم ( 1.1 ) – الشروط والأحكام العامة الملزمة لخدمات XPay
البند الأول – تمهيد
XPay تقدم خدمة الدفع الالكترونى و الخدمات اللوجستية فإن الشروط والأحكام التالية فى هذا الملحق او اى ملحق آخر يتم الاتفاق عليه بين الطرفين تمثل جزء لا يتجزأ من العقد الرئيسى للخدمة و تعتبر جميع أجزائه وحدة واحدة.
البند الثانى – اﻻحكام العامة الملزمة:
- تسجيل قيمة أو الخدمة المؤداة أو المقدمة للعميل بالأرقام والحروف بوضوح في المكان المخصص بها بالصفحة الإلكترونية دون زيادة وألا تتضمن هذه القيمة أي ائتمان منح لأغراض أخرى.
- تقديم كافة البيانات الخاصة بالعميل والبيانات الخاصة بعملياته إذا كانت متاحة وذلك في حالة القيام باستخدام كروت ائتمانية أو محافظ إلكترونية بشكل يثير شكوك XPay او البنك الراعى للخدمة في صحتها عند الطلب وذلك حرصا على حماية مصالح الاطراف وعملائهم كما يتم تقديم كافة أوجه التعاون في العمليات التي تخص تقصى الحقائق ومكافحة الاحتيال بمختلف أشكاله و مكافحة غسل الأموال .
- تحمل المسئولية كاملة على سرية بيانات العملاء المتعاملين وكذلك بيانات بطاقات الدفع والمحافظ لمدة خمس سنوات من تاريخ الحصول على البيانات وفي حالة تسرب أي من تلك البيانات يتحمل المسئول عنها أي أضرار قد تلحق بأى من أطراف التعامل حيث تلزم المؤسسات الدولية المتعاملين من خلال البطاقات تطبيق أقصى درجات الحيطة والحذر وتحديد الجهات والأشخاص التي تملك حق الاطلاع على تلك البيانات وذلك طبقا للمعايير الدولية لحماية البيانات وتسري تلك المدة في حال سريان العقد أو انتهائه أو فسخه و يسرى هذا البند على الطرفين.
- الاحتفاظ بكافة المستندات والإشعارات الخاصة بالعمليات لمدة 18 شهر من تاريخ إتمام العملية.
- أي إخلال بالالتزامات المنصوص عليها قد يترتب عليها عملية استخدام احتيالي أو شبهة غسل أموال يعتبر خيانة أمانة عليه تجميد حسابات الطرف المسئول وتوقيع غرامة مناسبة، أو التعرض للمسائلة القانونية.
- الامتناع نهائيا عن بيع أو إصدار تذاكر طيران من خلال البرنامج بدون موافقة كتابية من مقدم خدمة الدفع الإلكترونى.
- الشركات التي تقدم خدمات بيع أو إصدار تذاكر طيران: لا بد من التأكد من هوية حامل البطاقة قبل تقديم الخدمة و التأكد من أن اسم العميل على البطاقة الائتمانية المستخدمة فى عملية الدفع الإلكتروني متطابق مع جواز سفر العميل وهذا للحد من مستوى المخاطر.
- اتخاذ الإجراءات المناسبة للتأكد من هوية العميل والالتزام بإخطار البنك فورا في حالة التعرض أو الاشتباه في التعرض لفعل احتيالي من قبل حامل البطاقة أو أي طرف آخر.
البند الثالث – تحذيرات
ممنوع منعا باتا استخدام البرنامج في تجارة أي من الأغراض التالية:
- الأسلحة بجميع أنواعها وأشكالها
- المخدرات و أدوية الجدول والمنتجات الطبية والعقاقير التي لا تصرف إلا تحت إشراف الطبيب
- المنتجات والمواد المنافية للآداب العامة أو التي تخدش الحياء والتي يجرمها القانون المصري
- تجارة الأعضاء البشرية والمنتجات الصحية الغير مشروعة
- المجوهرات الباهظة الثمن مثل الذهب والفضة والأحجار الكريمة
- القمار والمراهنات واليانصيب
- استخدام العلامات التجارية المقلدة أو المزيفة أو المسروقة
- بيع منتجات التبغ أو التدخين خارج نطاق جمهورية مصر العربية
- التحميل الغير مشروع للبرمجيات ومواد الحاسب الآلي من برامج وأفلام وموسيقى وألعاب..الخ
- المحافظ الرقمية أو نقل أو تحويل النقود الكترونيا من صورة إلى أخرى
- المعاملات التي تتم لأغراض سياسية سواءً داخلية أو خارجية
البند الرابع – سياسة استرجاع المعاملات الالكترونية
- يتعين تحديد سياسة الاسترجاع والاستبدال للخدمات المؤداة فى صفحة شراء العميل، على ان يوافق عليها العميل قبل عملية الدفع الإلكتروني.
- لا يتم عمل استرجاع للعمليات التي تمت إلا عن طريق البرنامج الخاص بمقدم خدمة الدفع الإلكترونى وعلى نفس العملية المسحوبة لضمان السداد على نفس البطاقة وذلك من خلال البوابة الخلفية للبرنامج التي تم تفعيلها من قبل مقدم خدمة الدفع اﻻليكترونى وذلك للأشخاص المفوضين فقط.
- لا يسمح بعمل استرجاع لأى من المعاملات الالكترونية بعد مرور 90 يوم من تاريخ المعاملة إلا ما يخص قبول الاعتراضات المتعارف عليها دولياً من مؤسستي فيزا و ماستر كارد العالمية أو غيرها (Chargeback letters) .
Last updated: May 1, 2021
We’ve included annotations in the gray boxes below to emphasize certain portions of our notice and help guide you as you read them. The annotations aren’t summaries, so please take the time to read everything!
This page explains our terms for XPay. By using the service you agree to these terms. If you use the service on behalf of your company, your company agrees to them too.
These Additional XPay Terms of Service (the “XPay Terms”) govern your use of XPay, a payment service and financial platform (the “Service”) offered by XPay, Inc. (“XPay,” “we,” “our,” or “us”). By using the Service you agree to be bound by these XPay Terms, the General Terms of Service (“General Terms”) and all other terms and policies applicable to each Service as set forth below. If you are using the Service on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms.
Using XPay requires you open an account. You’ll need to be an Egyptian resident and at least 16 years old if you want to issue XPay prepaid card. If you want to use your account balance to send money to another XPay user, then you’ll need to give us some more information about you, and we’ll need to be able to verify your identity.
You must be a resident of Arab Republic of Egypt, at least 16 years old, and you must register for an account (your “Account) to use the Service. Certain features of the Service will only be available for use in Egypt. Some features, such as the ability to send money to another XPay user with the balance in your Account, may be available only if you provide us with certain information about you and we are able to verify your identity.
- XPay Account and Communication
- XPay Account
Here’s the part where you tell us you own the email or phone number you registered with and that the personal information you provide to us is correct. You agree to cooperate with us so that we can verify your identity. We might use third parties to help us do so.
You represent and warrant that you own the email or mobile phone number you register with and all information entered or collected in the course of creating your Account and any information you subsequently add or update from your settings (“Account Information”) is true and accurate. All Account Information is subject to XPay’s Copyright and Trademark Policy.
To register, open, use, or upgrade an Account, XPay may require that you submit certain Account Information, including but not limited to your name, email address, text-enabled mobile phone number, street address, zip code, date of birth, and a government issued form of identification to XPay.
When you first open your Account, it will be a “Restricted Account.” A Restricted Account has all the features and functionality described in these Terms of Service except that you cannot make a payment to another XPay customer using your XPay Balance (defined below). With a Restricted Account you may link an external-issued bank account (an “Eligible Bank Account”) (subject to these Terms of Service) to make a payment to another XPay customer. If you have a Restricted Account and you attempt to make a payment to another XPay customer from your XPay Balance, then you will be given the option of upgrading your Account to an “Unrestricted Account”.To upgrade your Account, you will need to provide us with certain personal information so that we can verify your identity. After we verify your identity, your Account will convert to an Unrestricted Account. If you decline to provide us with the information that we request or if we cannot verify your identity to our satisfaction (in our sole judgment and discretion) for any reason, then your Account will remain a Restricted Account and you will not be able to use your XPay Balance to make payments to other XPay users.
The first time you access your Account using a new device we may require you to authenticate your Account with additional information. If your Account cannot be verified you may be required to set up a new Account.
You hereby authorize XPay, directly or through third parties, to make any inquiries we consider necessary to validate your identity or authenticate your identity and Account Information and your company or employer. This may include asking you for further information or documentation about your Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial instruments, or verifying your information against third party databases or through other sources.
In connection with your use of the Service, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law or the Service Terms, (b) provide confirmation of your identity, or (c) provide confirmation of any information you provide us.
Receipts and Account Statements
You can find your transaction receipts and account statements in your XPay account.
You have the right to receive a receipt for some of your XPay transactions. Such transaction receipts can be found in the home section of your XPay application.
You have the right to receive an Account statement. You may request your Account statement through customer support in XPay application.
Contact us if you see any errors or issues with your account. Our contact info is below, along with a description of the process and timeline for us to look into your issue. We’ll need some basic information from you to begin our investigation.
In case of errors or questions about your account contact our customer support on XPay application, please note a XPay representative will never ask you for your password, PIN or full card number. Or send us at support@XPay.app as soon as you can if you think an error has occurred in your Account. We must allow you to report an error until 60 days after the date you electronically access your Account, if the error could be viewed in your electronic history. In order for us to assess the situation, you will need to tell us:
- Your name and Account number;
- Why you believe there is an error, and the EGP (Egyptian pounds) amount involved; and
- Approximately when the error took place.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time however, we may take up to 45 days to investigate your complaint or question.
For errors involving new Accounts, as well as point-of-sale transaction, we may take up to 90 days to investigate your complaint of question. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, contact us at support@XPay.app, please note a XPay representative will never ask you for your password, PIN, social security number or full debit card number.
For purposes of these disclosures, our business days are Sunday through Thursday. Holidays are not included.
Your Liability for Unauthorized Transactions
Contact us as soon as possible if you think there has been unauthorized activity on your account. Depending on the circumstances, if an unauthorized transaction has occurred we may be able to cover you.
Please let us know if you believe there is an Unauthorized Transaction on your Account. You could lose all the money in your Account.
We will protect you from Unauthorized Transactions in your Account. When this protection applies, we will cover you for the full amount of the Unauthorized Transaction, so long as we were able to complete the Error Resolution procedures described above.
An “Unauthorized Transaction” occurs when money is sent from your Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account, an Unauthorized Transaction has occurred. However, the following are NOT considered Unauthorized Transactions:
- If you give someone access to your Account (e.g. by giving them your login information) and they use your Account without your knowledge or permission;
- If you, or someone else with whom you are acting in concert, act with fraudulent intent; or
- You reverse engineer or chargeback a transaction made with your XPay Card.
We will cover your losses for certain incomplete or incorrect transactions, detailed here.
If we do not complete a transaction to or from your Account on time or in the correct amount according to these XPay Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you have insufficient funds in your Account to complete the transaction;
- If the ATM where you are making the Transaction or using your XPay Card does not have enough cash;
- If XPay was not working properly and you knew about the breakdown when you started the transaction;
- If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.
Funding Sources Used for Payments Made Through the Service
You may link an Eligible Bank Account to your XPay to fund payments made through the Service. XPay reserves the right to limit which banks or what types of accounts constitute an Eligible Bank Account.
When you initiate a payment through XPay, if you have a Restricted Account, then you will not be able to initiate payments to other XPay users with your XPay Balance. If you have a Restricted Account and you wish to make a payment to another XPay customer, you may: (1) use an Eligible Bank Account or Eligible Credit Account; or (2) upgrade to an Unrestricted Account to make the payment with your XPay Balance.
If you have an Unrestricted Account and have sufficient funds in your XPay Balance to satisfy the full payment amount you can choose whether you want the payment fulfilled by your XPay Balance, Eligible Bank Account or Eligible Credit Account. If you do not have sufficient funds in your XPay Balance to cover the full transaction, then you may choose the funding source from your Eligible Transaction Accounts or Eligible Credit Accounts.
You may choose a unique username for XPay, which will be your “XPay Username.” If you choose a XPay Username that turns out to be too confusing or deceptive, we might require you to change it.
You may select a unique alpha-numeric name to identify yourself on the Service (a “XPay Username”). Your XPay Username must accurately and truthfully represent your business or personal identity. You may not select a XPay Username that misleads or deceives others as to your identity or creates an undue risk of chargebacks or mistaken payments. We may require you to change your XPay Username or details of your Account Information in our sole discretion, and we may reclaim or make unavailable XPay Username without liability to you.
Sharing of Your Information
Here’s where we describe your consent to receive texts from us and your representations regarding texts we send to others relating to your payments.
By providing us with a mobile number, you consent to receiving text (SMS) messages from us. If you provide us with the mobile number of any other person or entity when initiating or requesting a payment through the Service, you represent and warrant to us that the person or entity has consented to receive text messages from us related to that payment. Standard text messaging rates may apply based on your plan with your mobile carrier.
We reserve the right to charge for or change the fees associated with the use of the XPay at any time subject to these XPay Terms. A fee may be imposed by XPay or an ATM operator for use of the XPay Card at an ATM, including for a balance inquiry, and by any network used to complete the ATM transaction.
III. XPay Balance
By initiating transactions from your linked bank account or debit card, you are authorizing us to debit those sources. If we incur costs because you have insufficient funds in your account, you will cover those costs.
Functionality.Your balance consists of the funds you have in your Account that are available for new transactions and are not subject to pending transactions (your “XPay Balance”). You are solely responsible for all funds necessary to complete any payments initiated through the Service. You agree to reimburse XPay for any fees, costs, or expenses it incurs as a result of insufficient or unavailable funds in connection with any payment you initiate through the Service.
- Authorization.By instructing us through XPay to add funds from an Eligible Bank Account or Direct Deposit (both defined below) or debit card to your XPay Balance or make any other transfer you authorize us to debit such Eligible Bank Account or debit card for the amount instructed, either in a single or recurring transaction, as applicable.
- Limitations.XPay may impose limits on the amount you can keep in your XPay Balance and reserves the right to change these limits at any time. Funds in your XPay Balance might not be available to use for all types of transactions. If you have a Restricted Account, then you may not use your XPay Balance to make payments to other XPay users unless you first upgrade to an Unrestricted Account.
- Funding Your XPay Balance
There are several ways you can add funds to your XPay balance. Each method is described here.
- Debit Card.You may link a debit card to fund your XPay Balance. To do so, you must have a valid debit card issued by an Egyptian bank or financial institution bearing the Visa Inc. (“Visa”), MasterCard International Inc. (“MasterCard”). Any such debit card, collectively with your XPay Balance (if you have an Unrestricted Account) and an Eligible Bank Account, is referred to herein as an “Eligible Transaction Account”.
- P2P Payments Received Through XPay.You can keep funds received from P2P Payments (defined below) made to you through XPay in your XPay Balance.
- Access to Funds.Certain funding features may be unavailable or delayed from time to time due to risk-based restrictions, scheduled maintenance, changes to our Services, unforeseen circumstances, or outages.
- Treatment of Funds
XPay will not mix your funds with XPay’s corporate funds. Your funds will be held in pooled bank accounts with the funds of other XPay customers.
If you do hold funds in your XPay Balance, XPay will hold such funds separate from its corporate funds, will not use your funds for any corporate purposes, nor will XPay voluntarily make your funds available to its creditors in the event of bankruptcy. XPay will combine your funds with the funds of other users and place those pooled accounts in one or more bank accounts in XPay’s name.
You will not receive interest on the funds that you have in your stored balance.
You agree that you will not receive interest on or other monies derived from the funds that XPay handles and places in pooled accounts. It is likely that XPay will receive interest on funds held for its users. In consideration for your use of the Service, and with full knowledge and understanding that XPay will receive this interest, you irrevocably transfer and assign to XPay all right that you may have in any interest that may accrue on funds held in pooled accounts.
- Peer to Peer Service
- Description Of Service
The peer-to-peer Service (“Peer-to-Peer Service”) allows you to send funds or receive funds for peer-to-peer personal, non-commercial purposes.
- Sending Funds
You will be able to send funds using our P2P service if you have a linked bank account or linked a credit card. If you have an Unrestricted Account you will also be able to send funds using our P2P service if you have funds available in your balance. You authorize us to move funds on your behalf. We won’t be responsible for certain incomplete transactions, as described here.
Once you have opened an Account and either have funds available in an Eligible Transaction Account or linked a credit card issued by an Egypt.-based bank or financial institution bearing the trademark of Visa, or MasterCard, you will be able to send funds using the Peer-to-Peer Service. Note that your XPay Balance will not be an “Eligible Transaction Account” until you have given us certain information and we have verified your identity, as set forth above. This means that until (a) you give us this information (b) we verify your identity and (c) you have an Unrestricted Account, you will not be able to use the XPay Balance to send funds using the Peer-to-Peer Service. Your XPay Balance is an “Eligible Transaction Account” only if you have an Unrestricted Account. With a Restricted Account, you may send funds with the Peer-to-Peer Service using an Eligible Credit Account or an Eligible Bank Account.
As a party initiating a transfer (“Sender”), you will send funds to your selected recipient (“Recipient”) by designating the Recipient and the transfer amount to us (a “Payment Instruction”). Your Payment Instruction authorizes us to move funds from your Eligible Transaction Account or Eligible Credit Account to your designated Recipient (a “P2P Payment”). By submitting a Payment Instruction, you are also authorizing us to move funds to your applicable Eligible Transaction or applicable Eligible Credit Account for P2P Payments that are canceled or otherwise returned.
You understand and agree that when you initiate a P2P Payment Instruction using the Service, the processing of the Payment Instruction will begin, and funds will leave your Eligible Transaction Account, as early as the moment of the initiation of such Payment Instruction. However, we will only begin to process the requested transfer of funds to the Recipient once the Recipient has provided all required information, and you hereby authorize and direct us to retain such funds until the earlier of such time as the Recipient has provided all required information or fourteen (14) days.
You agree that we shall incur no liability if we are unable to complete any transaction because of: (i) insufficient funds in your Eligible Transaction Account or Eligible Credit Account; (ii) malfunction of the Peer-to-Peer Service due to circumstances beyond our control or due to circumstances that you were already aware of at the time you initiated your Payment Instruction; (iii) inaccurate or insufficient Payment Instructions; or (iv) failure of the Recipient to claim the P2P Payment; or (v) either you or the Recipient does not provide us with any information that we request, or we are unable to verify your identity or the identity of the Recipient to our satisfaction.
You may also request funds to be transferred to you through the Peer-to-Peer Service by designating the amount of funds requested and your selected Sender (a “XPay Request”). If the Sender approves your XPay Request, your XPay Request will become the Sender’s Payment Instructions and be processed as described in these XPay Terms.
Any P2P Payment you receive via the Peer-to-Peer Service will be stored in your XPay Balance.
Peer-to-Peer Service Fees
Sending money to others through our P2P service is currently free, but we can charge fees in the future.
There are currently no fees for sending funds via an Eligible Transaction Account using the Peer-to-Peer Service. The fee for sending funds using an Eligible Credit Account through Peer-to-Peer Service will be displayed at the time of the transaction. We reserve the right to charge for or change the fees associated with use of the Peer-to-Peer Service at any time subject to these XPay Terms.
Payment Cancellation, Stop Payment Requests and Refused Payments
Our ability to stop a P2P Payment Instruction or recover funds associated with an unauthorized Payment Instruction will depend on how the Payment Instruction was initiated, and whether the Payment Instruction has begun processing. P2P Payments not claimed by a Recipient for fifteen (15) days after the processing has begun will be canceled automatically. We will attempt to return any unclaimed, refused, refunded, prohibited, or denied P2P Payment to your Eligible Transaction Account or Eligible Credit Account, as applicable. If we are not able to do so, we may use other reasonable means to return the P2P Payment to you, as permitted by applicable law.
Invalid P2P Payments
If we believe you received a payment that should not have been made for some reason (for example, fraud), you give us permission to reverse that payment. We are not responsible for any payments that you receive, even if you don’t know who sent the payment.
If you receive a P2P Payment and we later determine in our sole discretion that the P2P Payment was invalid for any reason, you hereby authorize us to move funds from the applicable Eligible Transaction Account or Eligible Credit Account in an amount equal to the P2P Payment.
You acknowledge and agree that we will not be liable in any way for any P2P Payments that you may receive, regardless of whether you authorized the Sender to send them to you.
Risk of Fraudulent Transactions
The Peer-to-Peer Service is a money transmission service. As a result, fraudulent transactions may result in the loss of funds with no recourse.
- XPay Card
- Issuance of the XPay Card
We may arrange for a bank to provide you with a virtual or physical XPay Card. By using the XPay Card, you agree to any additional applicable terms from the issuing bank. We may cancel, repossess or revoke your XPay Card at any time.
XPay may arrange for an issuing bank to provide you with access to a prepaid payment card under the XPay Prepaid Card Program or a debit card under the demand deposit account program (each a “XPay Card”).
The XPay Card may be issued in virtual or physical form. To activate the virtual card, and to request a physical card, you need to follow in-app prompts.
We reserve the right to reject signatures and card applications for any reason. Prohibited signatures include, but are not limited to, those signatures that depict inappropriate subject matter, the intellectual property rights of others, or an ink-intensive design.
Once you receive your physical card in the mail you must follow the directions in the mailing to activate your card prior to use. Your personal identification number (“PIN”) will be the code you set as your XPay PIN, and you may reset the PIN in XPay. Your physical card may be cancelled, repossessed, or revoked at any time without prior notice at our discretion (including for depicting a prohibited signature) subject to applicable law.
Using the XPay Card
You can use your XPay Card to make purchases using any available XPay balance. You agree we can move funds from your balance to your XPay Card for purchases that you make with your XPay Card.
Your XPay Card may be used to make purchases with a merchant using any available amounts in your XPay Balance. Upon activating the Service, you instruct XPay to use the available funds in your XPay Balance to load your XPay Card for making purchases with your XPay Card and to transfer the funds from your XPay Balance to your XPay Card upon receipt of funds into your XPay Balance.
Payment Transaction Limits
You agree that you won’t make a purchase or transaction in excess of the funds available in your balance and if you do, you agree that we can recover any negative balance.
You can only make transactions using your XPay Card to the extent that you have funds in your XPay Balance to support those transactions. You agree not to make a purchase or other transaction in excess of the funds available in your XPay Balance. If you do make a purchase or other transaction that exceeds the funds available in your XPay Balance, you agree that we can recover any negative balance incurred.
No Right to Stop Payment
You do not have the right to stop payment on a transaction originated with your XPay Card.
“Lock Card” Feature
You may use the “Lock Card” feature of XPay to disable your XPay Card if you lose your XPay Card or think it has been stolen.
In the event of a lost, stolen, or misplaced XPay Card, or you otherwise want to prevent future transactions from your XPay Card, you may disable your XPay Card with the XPay’s “Lock Card” feature within XPay. Use of this feature will not prevent processing of pending transactions initiated prior to disabling your XPay Card. In the event you have found your card, or otherwise want to enable a disabled XPay Card, you must select the “Unlock Card” option within the XPay before your “locked” XPay Card can be used for transactions. You are responsible for preventing unauthorized disabling and enabling activity on your device relating to your XPay Card. Such activity, when not authorized, may be deemed invalid in XPay’s sole discretion.
If we determine that you are no longer eligible for a XPay Card, we will let the issuing bank know and your XPay Card may be canceled without notice.
We will inform the issuing bank if we determine that you are no longer eligible for your XPay Card. If you are no longer eligible for your XPay Card it may be canceled at any time without notice as detailed in the applicable XPay Card Terms and your funds will be returned to you unless they are the subject of an investigation into suspected unlawful activity, or if XPay is otherwise required by law to withhold your funds.
We make no guarantees regarding your XPay Card and we are not responsible if it gets stolen, lost, destroyed, or used without your permission.
XPay disclaims all express or implied warranties as to your XPay Card. Except as otherwise set forth herein or required by applicable law, XPay is not responsible if your XPay Card is lost, stolen, destroyed, or used without your permission.
- OTHER LEGAL TERMS
- Recovery of Funds
You give us permission to recover amounts you owe by debiting funds available in your XPay account or any other account you may have with XPay. This may involve us making attempts to recover less than the full amount you owe to us. We might contact you or take other legal actions to collect amounts due.
You authorize XPay to debit, charge, setoff against and otherwise recover funds from your Account, your XPay Balance, any Balance (as defined in the Payment Terms) or any Reserve (as defined in the Payment Terms) if applicable, and any payment instrument, linked bank, depository and other account registered in your Account. Your authorization will remain in full force and effect until the later of closure or termination of your Account, or the disbursement of all funds held on your behalf.
Further, in the event that any attempt to recover funds from you should fail, your authorizations hereunder include your grant to XPay of new, original authorizations to recover all or less than all of the amount you owe us or belong to us. You authorize XPay to take the above steps without prior notice to you and irrespective of (i) whether we have made demand under these XPay Terms, the Payment Terms, the General Terms or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. Your authorization hereunder includes all authorizations to take the above steps in complete compliance with the Network Rules. You agree that your grant of the authorizations hereunder has the same legal effect as if you had signed a paper containing the same terms.
If XPay is unable to recover the funds by these means, XPay may attempt to contact you or may take other legal actions to collect the amounts due, to the extent allowed by applicable law.
Compliance with Governmental Authorities
XPay may freeze, withhold, or remit funds in your Account in response to a facially valid subpoena, court order, search warrant, or other binding order from a governmental authority, including but not limited to tax levies or wage garnishment orders.
Limitations on Use
We may limit your funding sources to reduce risk. You will use XPay legally and in accordance with debit and credit card network rules. You agree to not abuse the payment system or the service. We may block or reverse any transaction, including those that violate our terms or the law, at your expense.
XPay may limit the funding sources available for a specific transaction at any time in its sole discretion. You may not use unaffiliated prepaid cards or gift cards to fund transactions on the XPay.
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Service and for all communications you send through the Service.
You further agree that in connection with your use of the Service, or in the course of your interactions with XPay, a user or a third party, you will not (a) use your Account or the Service in a manner that XPay, Visa or MasterCard, reasonably believe to be an abuse of the payment card system or a violation of payment card association rules, (b) provide yourself a XPay advance from your Eligible Credit Account (or help others to do so), or (c) use the Service to make transactions for the sole purpose of earning rewards, perks, miles, points, etc. with your Eligible Credit Account.
We reserve the right to block, refuse, or reverse any transaction, in our sole discretion. We will notify the affected parties promptly if we decide to do so, but notification is not required if the transaction is prohibited by these terms or applicable law. Neither we nor third parties to whom we assign or delegate rights or responsibilities will be liable for any claims or damages resulting from prohibited transactions. All costs for research and resolution for any misapplied, misposted or misdirected prohibited transactions will be your sole responsibility and not ours.
Limitations on Our Liability for Failure to Complete Transactions
There are some circumstances where we will not be liable if transactions do not go through. Those circumstances are listed here.
We will not be liable, for failure to complete transactions in the following circumstances: (a) Through no fault of ours, there are insufficient funds in your XPay Account to complete the transaction; (b) A merchant refuses to accept your XPay Card; (c) The information supplied by you is incorrect, incomplete, ambiguous or untimely; (d) An ATM where you are making a XPay withdrawal does not have enough cash; (e) An electronic terminal (Point of Sale or ATM) where you are making a transaction does not operate properly; (f) Access to funds in your XPay Account have been blocked after you reported your XPay Card lost or stolen; (g) The transaction cannot be completed because your XPay Card is damaged; (h) There is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use; (i) We have reason to believe the requested transaction is unauthorized; (j) Circumstances beyond our control (such as fire, flood, power failure, strike, labor dispute, critical service provider failure, computer breakdown, telephone line disruption, government or regulatory action, or a natural disaster) prevent or delay the completion of the transaction, despite reasonable precautions that we have taken; or (k) Any other exception stated in our Agreement with you.
Each of your external funding sources may have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory (if, for example, you are disputing charges on your account). Your dispute resolution rights are determined by the funding source used to fund the applicable transaction. Please consult the terms and conditions of such funding source for more detail.
Our Relationship With You
We are an independent contractor for all purposes, except that we act as your limited agent with respect to the custody and transfer of your funds for the purposes set forth herein only.
Termination of Account
We can terminate or refuse your access to the service at any time, for any reason.
Services Upon Closure of Account
When your XPay account is closed, we’ll settle any pending transactions and return remaining funds in your account to you. We may need to hold your funds if there is an investigation at the time your Account is closed.
Any pending transactions at the time of termination, closure, or suspension of your Account will be settled. Any funds that we are holding in custody for you at the time of termination, suspension, or closure of your Account, less any applicable fees, (1) may be made available for you to cash out in XPay’s discretion and subject to the other conditions in these XPay Terms, and (2) we may require you to link a new bank account that has not been associated with your Account to cash out such funds.. If an investigation is pending at the time of closure, we may hold your funds until resolution of the investigation.
From time to time, we may offer referral programs or incentives for inviting others to use the Service (a “Referral Program”). Any bonuses or incentives under such Referral Program shall be subject to the then current Referral Program terms, if applicable, and otherwise at our sole discretion.
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