Cardholder
Agreement â Consumers 2025
Introduction
These terms and conditions (together with the
Tariff and any other documents incorporated by reference, the âAgreementâ) set out the terms and
conditions that apply to your Accounts, Cards and any other associated services
provided to you by Paynetics AD (âPayneticsâ,
âweâ âusâ, âourâ) under this Agreement.
This Agreement
constitutes a legal contract between you and Paynetics. It contains important
information that may affect your rights, use of any of our services and your
ability to recover your money. Please read all of the documents forming part of
this Agreement carefully and keep a copy or download a copy of them for your
records and future reference.
This Agreement shall be
governed by and construed in accordance with the laws of Republic of Bulgaria,
without giving effect to conflict of law principles, and subject to mandatory
provisions under the laws of your country of residence. To the extent that the
Bulgarian law is in conflict with laws of your country of residence, the law of
Republic of Bulgaria shall prevail to the maximum extent possible. If not
prohibited by the laws of your country of residence, disputes shall be settled
by the Bulgarian courts.
You can request a copy
of this Agreement at any time throughout its duration by contacting our Customer
Relations Centre. By submitting your order for an Account with a Card to
Paynetics and by clicking âI Acceptâ in the relevant
box, you indicate
that you have accepted this Agreement.
You should read this
Agreement alongside Privacy Policy which you can view
here https://paynetics.digital/privacy-and-security-policy/.
Our Privacy Policy (as it may be amended from time to time in
accordance with its terms), together with this
Agreement, describes the basis upon which any personal data we collect about
you, either directly or from our authorised partners or that you provide to us
or them, will be processed, handled, and shared by us.
1.
DEFINITIONS
In
this Agreement:
âAccountâ or âPaynetics Accountâ means
a payment account opened and maintained for you by Paynetics under this
Agreement, which is used for the execution of payment transactions and/or card
payments. The Account might be denominated in EUR, GBP, RON or USD and, if
provided for hereinbelow, may be allocated International Bank Account Number
(IBAN).
- Tariff of Paynetics AD (the
âTariffâ),
- Privacy Policy, and
- Any other appendix
explicitly specified herein, incorporated in the Agreement by reference.
 âAppâ or âLirapay
Appâ means the mobile App, which is provided by CardBlue and is accessible
from Google Play Store, Apple Play Store, Huawei Gallery or other relevant mobile app stores and through which we
provide you with payment services as described hereunder.
 âATM" means an automated
teller machine that can be used for cash
withdrawals using a Card, and sometimes for other payment and non-payment
transactions.
âBlocking
the Cardâ shall mean a
temporary discontinuation of the Card service by Paynetics resulting in an
objective impossibility to use the Card. Paynetics shall keep a record of
blocked cards. You will be also able to block (temporarily and permanently) the
Card via the Lirapay App in accordance with these Terms and Conditions.
âBusiness Dayâ means a day (excluding Saturdays and Sundays)
on which the banks in Republic of Bulgaria generally are open in for normal
business.
 âCardâ
means any debit Visa© or Mastercard© card issued to you by Paynetics that is
linked to your Account in EUR, GBP, RON or USD. The Card is a type of
payment instrument which allows you to access the Account`s balance to make
debit card payments. The Card may be physical or virtual.
âCardBlueâ means CardBlue Limited,
a limited liability company incorporated and existing under the laws of Malta
with seat and registered office address at: Level G (Office 1/1134), 75 Quantum
House, Abate Rigord Street, Ta` Xbiex XBX 1120, Malta, registered with
Registrar of Companies on 9th of May 2019 under company number C91765, which is
the
operator that performs certain technical and operational functions in relation
to our services, including the operation of the Lirapay App, which connects you
with Paynetics. CardBlue is entered into the register under art.
19 of the Bulgarian Payment Services and Payment Systems Act (PSPSA), kept by
the Bulgarian National Bank (BNB), agent of Paynetics AD for the territory of
the Republic of Malta, and is a subcontractor of Paynetics AD for the territory
of the rest of the EU and EEA.
âCard Organizationâ means
Mastercard International (âMasterCardâ), VISA Europe (âVISAâ) or any other association or organisation maintaining a
card payment system applicable under this Agreement, including any affiliate,
subsidiary or successor company of any of them, of which Paynetics is a member
and is entitled to issue cards and accept payments, including using Cards
accepted by such Card Organisation.
âCard Paymentâ shall mean a payment made by you as the Cardholder using the Card
including: a transaction at a physical POS terminal; ATM transaction; an
Internet transaction using a virtual POS terminal, whereby the balance onto
your Account or Card is debited with the amount of the Card Transaction,
together with the applicable fees, if any.
âCompetent
Authorityâ means a body acting in accordance with defined statutory functions
and exercising public authority and public power for the purposes of payment
services, electronic money, or other financial regulation, including, the Bulgarian
National Bank (âBNBâ), the European Banking Authority (âEBAâ).
âCVC2â shall mean a three-digit code or password for Secure
Internet Payments issued for each card. CVC2 is a strictly personalised code
for access to funds available on the Card, which is entered using a virtual POS
terminal. Each CVC2 entry using a virtual POS terminal serves to prove the
identity of the Cardholder.
âDeactivating
the Cardâ shall mean the final discontinuation of
the Card service by Paynetics.
âEnd Userâ, âCardholderâ, âyouâ, âyoursâ
means a natural person who has been approved by Paynetics, has accepted this
Agreement for the provision of Paynetics` payment services by clicking
âI Acceptâ in the relevant box upon installation of the Lirapay App and uses
the payment services of Paynetis as provided for in the present Agreement.
âFPâ or âFaster
Paymentsâ means Faster Payments Service scheme in the UK, which
allows sending and receiving payments in GBP between participating payment
service providers.
âIdentificationâ
or âKYC Procedureâ shall mean an
identification procedure that requires at least provision of a valid passport /
ID card and bank statement or other identification document, as well as a
selfie of the person, together with the presented identity document in real
time.
âMastercardâ means Mastercard
International Incorporated or its successors.
âVisaâ means Visa Europe or its successors.
Paynetics AD, a company incorporated in Republic of Bulgaria, under registration
number 131574695 and having its registered office at 76A James Bourchier Blvd.,
1407 Sofia, Republic of Bulgaria. Paynetics
AD is an electronic money institution holding a license for operating as an
electronic âmoney company issued by the Board of Directors of the Bulgarian
National Bank by Decision 44 âof 11 April 2016, and is entered in the register
kept by the Bulgarian National Bank, which is âaccessible on http://www.bnb.bg/RegistersAndServices/RSPIPublicRegisters/index.htm. Paynetics AD
is licensed by the Bulgarian National Bank (âBNBâ) to issue, distribute and
redeem electronic money and to provide payment services, such as opening and
maintaining payment accounts and issuing of payment cards, in accordance with
the Payment Services Directive 2015/2366 (PSD2), the E-Money Directive 2009/110
(âEMDâ) and the Bulgarian Payment Services and Payment Systems Act (âPSPSAâ). The
âBulgarian National Bank supervises the activities of Paynetics ADâ.
âPINâ shall mean
a unique four-digit personal identification number, which can be used to
confirm Card payments.
âP2P
Transfer/ P2P Transactionâ shall mean an act initiated by you
and other Lirapay Appâs accountholder as a payer of transferring funds from Account/Card
within Lirapay App to a beneficiary/payee`s payment Account/Card within Lirapay
App.
âPOS
(Point of Sale, Point of Service) Terminal" shall mean a device where the Card is used to pay for the purchase of
goods or services in commercial premises.
âVirtual
POS Terminalâ shall mean a
logically defined POS terminal device by which payment of goods and services
are performed via the Internet.
âPayment
transactionâ shall mean an act, initiated by the
payer or on his behalf or by the payee, of placing, transferring or withdrawing
funds, irrespective of any underlying obligations between the payer and the
payee.
âCredit
transferâ shall mean a national or cross-border payment service for
crediting a payeeâs payment account with a payment transaction or a series of
payment transactions from a payerâs payment account by the payment service
provider which holds the payerâs payment account, based on an instruction given
by the payer.
âPrivacy
Policyâ means our
privacy policy which you can view here: Privacy & Security Policy -
Paynetics and which, together with this Agreement, describes the basis upon which
any personal data We collect from You, either directly or from our authorised
partners or that You provide to Us or them, will be processed, handled and
shared by Us, as may be amended from time to time in accordance with its terms
and as further explained and defined in this Agreement. If there is any
discrepancy between the terms of our privacy policy and the relevant policies
and/or terms and conditions of our partners in relation to our services and our
treatment of your data then the provisions of our privacy policy shall apply.
âProhibited Transactionâ means any of transactions or activities as listed below or as
may be subsequently made available on the Website from time to time:
1.
Any sales of âpyramidâ type, Ponzi schemes or similar marketing or matrix
programs or other schemes for âquick enrichmentâ or high-yield investment
programs;
2.
Sale, supply or purchase of illegal items or items promoting or facilitating
illegal activities;
3.
Sale, supply or purchase of counterfeit products or products infringing
intellectual property rights;
4.
Products or services for the processing or aggregation of payments by third
parties;
5.
Money laundering;
6.
Terrorism financing or propaganda;
7.
Pornography, escort services and selling and/ or advertising sexual services;
8.
Using the Card or Account in a manner and/or for purposes that violated any
applicable law and/or regulations of the Card Organisation or SEPA;
âSEPAâ means
Single Euro Payments Area scheme, which allows sending
and receiving payments in EUR between participating payment service providers.
âStrong
Customer Authenticationâ or âSCAâ means an authentication
method based on the use of two or more elements categorized as knowledge
(something only the user knows), possession (something only the user possesses)
and inherence (something the user is) that are independent, in that the breach
of one does not compromise the reliability of the others, and is designed in
such a way as to protect the confidentiality of the authentication data. SCA is
performed when you access your Account online, you initiate an electronic
payment transaction or carry out any action through a remote channel which may
imply a risk of payment fraud or other abuses.
âQR
(Quick Response) Code Paymentâ shall mean a payment method
where payment is performed by scanning a flat, two-dimensional abstract
pattern, made from black bars and squares set on a white background, which
contains encrypted information (QR Code), through a mobile application;
âTariffâ means
the tariff
adopted by Paynetics for the fees collected by Paynetics for payment
transactions performed with the Account or Card . The Tariff may define the
transaction limits for Account and Card operations.
The
Tariff, as amended from time to time, is available on the Website.
âWebsiteâ
means the following website: https://www.lirapay.io/
2.
ABOUT
OUR SERVICES
2.1.
Your Accounts are opened and maintained
by Paynetics and the Card is issued to you by Paynetics. The
value stored on your Accounts is
electronic money, otherwise referred to as âe-moneyâ. Paynetics is not a bank,
and your Account is not a bank account. The funds available in your Account are
not a deposit. No interest will accrue on your Account balance. Your Card is a
debit card linked to your Account, it is not a credit or charge card.
2.2.
The Bulgarian Deposit Insurance
Fund or any other applicable compensation scheme or fund do not apply to funds
held in your Accounts/Cards. Instead, Paynetics protects your funds through a
process known as âsafeguardingâ, in line with its regulatory requirements. In
this process, Paynetics keep your money separate from our own funds and places
it in a safeguarding account with a bank or cover it by an insurance policy or
a comparable guarantee.
2.3.
 Before we provide any of our
services to you,
you will have to successfully complete our process for verifying your
identity. The process may involve you
providing us a valid passport / ID card and a bank statement or other
identification documents, as well as a selfie, together with the presented
identity document in real time, or any other procedure we may specify. We may
use ID verification agencies or other automated platforms to verify your
identity. We or CardBlue may require you to provide additional information at
any time for the duration of this Agreement.
2.4.
This Agreement will only become
effective once you receive a confirmation that Paynetics has approved your
application. Paynetics will not be obliged to provide any of the services under
this Agreement before such confirmation is provided. Paynetics may refuse to
approve any application and/or enter into an agreement for its services for any
reason.
2.5.
To be eligible for our Account and
associated services, you must be: (a) 18 years of age or over; (b) EU/EEA
resident; (c) you must have passed all our identification procedures and
checks; (d) you must have provided us with a valid email address and telephone
number; (e) you must not have committed a violation of this Agreement and (f)
you must not have another profile in the App with which you have already
successfully passed the identification procedure. We can close your Account/cancel
your Cards or stop providing our services if we find out you are not eligible
for it.
2.6.
The Account and Card are issued to
individuals only. You may only use your Account and Card personally and do not
have the right to transfer their use to anyone else. In case you allow access
to or provide any other means to use your Account or Card to any other person,
you will bear full responsibility for all payments initiated by them.
2.7.
You must not use your Account or
Card for or in relation to (including sending or receiving proceeds from):
2.7.1.
any activities which do not comply
with any applicable laws or regulations, including but not limited to laws
relating to money laundering, fraud, financial services or consumer protection;
2.7.2.
Prohibited Transaction under this
Agreement; or
2.7.3.
trading or business purposes.
3.
DESCRIPTION
OF THE PAYNETICS ACCOUNTS
When
this Agreement becomes effective, Paynetics will set up, upon your request, and
maintain:
3.1.1.
an Account in EUR with a dedicated
IBAN and one or more Cards in EUR, associated to the Account, which Account may
be used for receiving and sending payments via SEPA in EUR to an account in the
EEA and for Card payments and cash withdrawals in EUR; and/or
3.1.2.
an Account in GBP with a unique account number and sort code and
one or more Cards in GBP, associated to the Account, which Account may be used
for receiving and sending payments via Faster Payments in GBP to an account in GBP
in the EEA and for Card payments and cash withdrawals in GBP; and/or
3.1.3.
a USD Account with token identifier associated with one or more
Cards in USD and maintained for the purpose of Card payments and cash
withdrawals in USD, which may only be used for loading of funds to the Card(s)
as provided for in clause 4.4. hereinbelow and may not be used for inbound
transfers and outbound Credit Transfers.
3.1.4.
a RON Account associated with one
or more Cards in RON and maintained for the purpose of Card payments and cash withdrawals
in RON, which may only be used for loading of funds to the Card(s) as provided
for in clause 4.4. hereinbelow and may not be used for inbound transfers and
outbound credit transfers.
3.2.
Limits may apply to your Account
and Card, such as limits on minimum load payments to your Account, the maximum
balance that can be held on your Account, the value of individual Account
and/or Card payments or an aggregate value or number of payments in a
particular time period. The applicable limits are as set out in the Tariff and
may be changed by us from time to time. To âmanage our risk, âparticularly with
respect to money laundering, fraud, âor security concerns, we may also apply
âinternal controls, âincluding âlimits, to certain types of transactions from
time to time but for security âpurposes, will not disclose them.â
4.
LOADING FUNDS TO YOUR ACCOUNT
4.1.
The minimum load amount to top up your Account is indicated in the Tariff.
4.2.
The balance of the Account should
never exceed the limits set out in the Tariff.
4.3.
You can load your Account using one of the following methods:
4.3.1.
via incoming SEPA Credit transfers â for Accounts in EUR only;
4.3.2.
via incoming Faster Ctedit transfers â for Accounts in GBP only;
4.3.3.
by incoming Credit trasfers from CardBlue`s business account opened at
Paynetics;
4.3.4.
through P2P Transactions;
4.3.5.
by transfers from virtual to plastic Card of the same cardholder issued in the
LiraPay App;
4.3.6.
through other top-up card operations;
4.4.
Accounts in RON and USD can be loaded only by incoming transfer(s) from CardBlue`s
business account at Paynetics or by top-up card operations.
4.5.
The received funds will be credited to your Account immediately after Paynetics
receives the funds.
4.6
Paynetics may refuse to execute an
incoming payment and your Account will not be credited if:
a.your
Account or payment breaches any of the limits as set out in the Tariff;
b.your
Account is inactive, blocked or terminated;
c.
the sender has provided
incorrect/invalid Account details for payment;
d.
Paynetics reasonably believes the payment is fraudulent, illegal or
unauthorized;
e.
Paynetics reasonably believes the payment is related to a Prohibited
Transaction.
4.4.
If an incoming payment is refused
for any of the reasons set out above, the funds may be sent back to the sender
without prior notice to you.
4.5.
Paynetics will charge you a top up
fee every time your Account is loaded as set out in the Tariff.
5.
PAYMENTS FROM/TO YOUR ACCOUNT
5.4.
You must make sure that your
Account has sufficient funds available to cover the amount of a given payment
and all applicable fees. Paynetics may refuse to perform any given payment if
your Account does not have sufficient balance to cover the amount of the
payment and all applicable fees.
5.5.
Paynetics will execute your
payment instructions for payments from your Account on the same day it receives
them (or the future day agreed if it is in the future). The time of receipt of
your payment instruction is when Paynetics receives it (which will typically be
on the same day you instruct the payment) or, if the payment instruction
specifies the payment is to take place on a future day, then your payment
instruction will be treated as received on that future day. Payment
instructions received on a Business Day after 15:00 PM or on a
holiday/non-working day, will be considered as received on the following
Business Day. You cannot cancel a payment after you have authorized it and
Paynetics has received your payment instruction for it, except that you can
cancel a future payment, such as a recurring Card payment if you notify
Paynetics of cancellation no later than the end of the business day before the
payment is due to be made via the App. Cancelling a future dated payment such
as a recurring Card payment with us will not cancel the agreement with the
organization you are paying to. You should tell the organization collecting the
payment about the changes to your instructions.
5.6.
After receiving your payment
instruction for payment from your Account (including Card payments), Paynetics
will credit the recipientâs account within the timescales set out below.
Type of payment |
Delivery to the recipientâs account |
Payments in EUR from your
Paynetics Account to another Paynetics account.Â
|
Immediately upon receipt of
the payment order by Paynetics, if there is enough balance onto the Account
to cover the amount of the transaction together with the applicable fees. |
Payments in EUR to an
account in the EEA. |
No later than the end of
the business day after your payment instruction is received. Payment
instructions received on a Business Day after 15:00 PM or on a
holiday/non-working day, will be considered as received on the following
Business Day. |
Payments in GBP from your
Paynetics Account to another Paynetics account in GBP.Â
|
Immediately upon receipt of
the payment order by Paynetics, if there is enough balance onto the Account
to cover the amount of the transaction together with the applicable fees. |
Payments in GBP to an
account in GBP the EEA. |
No later than the end of
the business day after your payment instruction is received. Payment
instructions received on a Business Day after 15:00 PM or on a
holiday/non-working day, will be considered as received on the following
Business Day. |
5.7.
When you are the payee, your
Paynetics Account will be credited with the relevant amount on the day of
receipt of the amount onto an account in the name of Paynetics, in its capacity
as a payee`s payment services provider. If the amount has been received onto an
account in the name of Paynetics after 15:00 PM on a Business Day or on
holiday/non-working day, it shall be considered that the amount has been
received on the next Business Day.
5.8.
In order to comply with the applicable
law or court order in any applicable jurisdiction, the instructions provided by
a Card Organisation or any other rule or duty applicable to Paynetics, Paynetics
reserves the right to request additional documents and information, including
original paper copies, regarding a particular Payment Transaction carried out from
or to your Account. In the event that You fail to comply with your undertaking
under the preceding sentence, Paynetics may refuse or delay the execution of
the relevant payment transaction. In such cases, Paynetics shall not be liable
for any damages or losses of any nature suffered as a result of a refused and/or
delayed payment transaction.
5.9.
Paynetics will deduct the value of
payments together with all applicable fees from the balance on the relevant
currency Account. Payments from your
Account by way of Credit transfers in EUR will be deducted from your Account in
EUR. Payments from your Account by way of Credit transfers in GBP will be
deducted from your Account in GBP. Card payments in EUR, GBP, RON and USD will
be deducted from your respective currency Account. Card payments in any other
currency will always be deducted from your respective Account at then
prevailing currency conversion rates. If there is insufficient
balance on your respective Accounts in EUR, GBP, RON, or USD to complete the
payment, including all applicable fees, the payment will be refused.
See clause 11 for more detail on the applicable currency conversion rates and
fees.
6.
ACCESS TO YOUR ACCOUNTS BY THIRD
PARTY PROVIDERS
6.4.
You may choose to allow (and
provided you have given them your explicit consent):
6.4.1.
providers of account information
service (i.e., an online service which accesses one or more payment accounts to
provide a consolidated view of such accounts) to access information on your
Account in EUR or your Account in GBP; and/or
6.4.2.
providers of payment initiation
service (i.e. an online service which allows a third party to initiate payments
on behalf of the account holder from their account and at their request) to
initiate payments (other than Card payments) from your Account in EUR or from
your Account in GBP.
6.5.
Only those providers of account
information or payment initiation services that are authorized with the BNB or
by another European regulator to provide the relevant service in an EU member
state, as applicable, can be given access to your Account. The EBA established
a central register accessible at EUCLID - Register (europa.eu) that contains
information about payment and electronic
money institutions authorized or registered within the EU and the EEA countries,
which provide account information or payment initiation services. In
addition, each EU member State has established a register of authorized or
registered payment and electronic money institutions at national level where
information is updated on regular basis.
6.6.
We will treat any instruction from
such providers of account information or payment initiation services as if it
was from you. Some providers may use your Account security details to provide
their service. You should always consider the possible implications of sharing
your security information.
6.7.
âWe can deny providers of account
information or payment initiation services access to your Account if we are
concerned about unauthorized or âfraudulent access. We will notify you of the
denial of access and the reasons âfor it beforehand, if possible, or otherwise
immediately afterwards (unless doing so would âcompromise our security measures
or would be unlawful). The access to your Account may be restored once the
reasons âfor denying the access no longer justify such âdenial.â
7.
GIVING INSTRUCTIONS FOR PAYMENTS
FROM YOUR ACCOUNTS
7.1.
You give us instructions and
consent to a payment from your Account in one of the following ways:
7.1.1.
using the App;
7.1.2.
giving us instructions via a third
party (such as payment initiation service provider);
7.1.3.
using Cards (see clause 10 below
on how you instruct us to make payments using a Card);
Paynetics
adheres to the requirement for SCA set forth in the applicable law. You may be
required to provide security details, such as a PIN, and/or use a particular
authentication method depending on the method you use. We will tell you which
authentication can be used or if they are unable for any particular types of
service. Paynetics reserves the right to
change or introduce new authentication methods at any time, including for
reasons relating to changes in the law, technical characteristics of the services
or security.
7.2.
For a payment from your Account in
EUR or from your Account in GBP (including transfers to your other Accounts) to
be properly executed, you must provide us the following information when you
instruct us to make the payment (in addition to any other information we may
ask for):
7.2.1.
For Credit Transfers (available
only from Accounts in EUR or GBP), P2P Transactions, QR Code Payments and
Virtual POS Terminal operations your instruction will be considered given when
you access the App on your mobile device (something that you possess) and:
7.2.1.1.
For Credit Transfers â submit a
payment order containing information about the IBAN/unique account number and
sort code of your Account in EUR or GBP, beneficiary`s (payee`s) name, IBAN of
beneficiary`s payment account, amount, currency, execution date, grounds
(information about the beneficiary), additional clarifications and confirm the
payment order by entering your PIN (something that you know) or placing your
fingerprint or using another biometric method for identification and
authentication as might be applicable (something that you are);
7.2.1.2.
For P2P Transactions/QR Code
Payments â enter information about the Paynetics` account you want to make the
transfer to (you can choose the payment account by entering the name of the
beneficiary or by scanning the QR code generated by the beneficiary whose
Paynetics` account will the amount be transferred to) and confirm the payment
order by entering your PIN (something that you know) or
placing your fingerprint or using another biometric method for identification
and authentication as might be applicable (something that you are). The P2P
payment order can be executed only if you and the beneficiary have active
Paynetics` accounts within LiraPay App;
7.2.1.3.
For ATM and Physical POS Terminal
operations - you give an instruction for the execution of the payment operation
by inserting in or tapping the Card over the ATM/POS terminal device and
entering a PIN;
7.2.1.4.
For Virtual POS Terminal
operations (purchases of goods and services on the Internet, e-commerce
transactions on 3D secure merchants` websites) -Â you give an
instruction for the execution of
the payment operation by entering your Card details (unique number,
cardholder`s name, validity term and CVC2/CVV2 code) and by confirming the
payment order as follows: you will receive a notification about the purchase on
your mobile phone device(something that you possess), in order to see it you
should access the App by entering your PIN (something that you know) or placing
your fingerprint or using another biometric method for identification and
authentication as might be applicable (something that you are), then you should
confirm the payment order by selecting the notification and entering your PIN
(something that you know) or placing your fingerprint or using another
biometric method for identification and authentication as might be applicable
(something that you are);
7.3.
for any payments above EUR 15,000
or its equivalent in another currency: the sender (originator) and / or
recipient (beneficiary) could also be required to provide a declaration to
prove the origin of funds; âIf you provide us with incorrect or incomplete information or
refuse to provide information, we âmay refuse to execute the payment, the funds
could be lost and irrecoverable or there could be âa delay in the recipient
receiving the payment. â
7.4.
Paynetics may refuse to carry out
any instructed payment from your Account if it does not meet the requirements
of this Agreement, including, but not limited to any of the following
circumstances:
7.4.1.
Paynetics reasonably suspects that
the payment is unauthorized or involved in fraud or illegal activity;
7.4.2.
your instruction is unclear,
incorrect or incomplete;
7.4.3.
Paynetics reasonably believes that
there has been a violation of this Agreement;
7.4.4.
you have failed to use the
authentication method and/or provide security information required;
7.4.5.
there are insufficient funds in
the Account to cover the payment and any applicable fees;
7.4.6.
the payment violates any
applicable limits;
7.4.7.
carrying out your instruction
might cause us to break the law, order of a regulatory body, code, rule of Card
Organisation or other duty applicable to Paynetics;
7.4.8.
 due to a technical impossibility to
carry out
the payment;
7.4.9.
Paynetics reasonably believes
payment is related to a Prohibited Transaction.
7.5.
If we refuse to execute the
payment, we will notify you as soon as possible unless it would not be unlawful
for us to do so. If âpossible, we will provide the reasons for refusal to
execute the payment and where those reasons relate to factual matters, the
procedure for ârectifying any factual errors that led to such refusal.â
7.6.
The execution of any payment to or
from your Account (including Card payments) may be delayed or refused due to
the performance of Payneticsâ security or legal compliance checks, including if
Paynetics suspects that the payment is involved in fraudulent, illegal, or unacceptable activities or
constitutes an unauthorized payment.
8.
DESCRIPTION OF THE CARD
8.1
Your Card is issued to you by
Paynetics and is linked to your Account in EUR, GBP, RON and USD, as
applicable, maintained by Paynetics. Your Card can be used in your country of
residence or abroad. You will be entitled to 10 (ten) virtual Cards, based on Paynetics`
approval, with either the same of different currency, and 2 (two) plastic Cards
(with either the same of different currency). By default, the first payment
Card to be issued to You is a virtual one.
8.2
Cards in EUR are issued under the
Visa brand pursuant to license granted by Visa Europe. Cards in USD, GBP and
RON are issued under the MasterCard brand pursuant to license granted by
Mastercard International.
8.3
 Unless specified otherwise in this
Agreement,
your Card can be used to pay merchants for goods or services at (whether
in-store, online or over the phone) and for cash withdrawals at ATMs. If you
have been issued with a virtual Card, it can only be used to pay merchants
online and for contactless payments by
tapping/waving the device where the Card is held over a card reader for
contactless payments. Your Card can
be used at all card acceptance
terminal devices bearing the Visa and Mastercard logos which maintain the
necessary functions.
8.4
Card payments will be executed
immediately after Paynetics receives the payment request.
8.5
The value of all Card payments,
including all applicable fees, will be deducted from your relevant Account
balance, You will be responsible for all goods or services purchased with the
Card. Any dispute with a merchant about a product or service purchased with the
Card will be considered a dispute between you and the merchant, and should be
addressed directly to that merchant. Paynetics does not accept any
responsibility or liability for the quality, safety, legality, or any other
aspect relating to and does not provide any warranties regarding such goods or
services purchased with the Card.
8.6
Paynetics will not be liable if a
merchant refuses to accept a Card or if Paynetics has refused to execute a
payment in accordance with this Agreement.
8.7
The Card is property of Paynetics
as a card issuer and cannot be transferred and/or made available to anyone
else.
9
CARD ISSUANCE, LOADING, ACTIVATION
AND REPLACEMENT
9.1
Each Card has a validity period
within which you may use the Card. If your Card is physical, it will expire on
the last day of the month/year indicated on its front. If your Card is virtual,
it will expire on the last day of the month/year indicated on the Appâ. All
Card payments initiated after the expiration or cancellation of the Card will
not be authorized or executed.
9.2
Paynetics will issue the Card
within 10 business days from the date your application is accepted and, if the
Card is not virtual, will deliver it to you personally. If your Card is
virtual, âthe Card will be made available to you via the App immediately after
your application is approved by
Paynetics.
9.3
âThe physical Card will be
personally delivered to you and you may be required to produce an ID document
to collect it. You must sign on the signature strip on the reverse side of the
physical Card immediately after receiving it.
9.4
You will be provided with a PIN to
use with your Card. You can change your PIN at an ATM or through the App. You
should memorize your PIN and then destroy the media on which it is recorded.
You have important obligations to keep your security details such as PIN safe
(see clause 14 below).
9.5
You may request Paynetics to issue
a new Card in the following cases:
9.5.1
in case of destruction or damage
to the Card;
9.5.2
in case of loss, theft, or other
misappropriation of the Card,
9.5.3
in case of a forgotten PIN, and
9.5.4
upon expiry of your Cardâs
validity period.
9.6
If your Card is replaced because
it was lost or damaged, or in case of a forgotten PIN or upon expiry of your
Cardâs validity period, you will be charged a Replacement Fee (see Tariff)
which will be deducted from your respective Account. If your Card has been
reported stolen or misappropriated, you will be charged a fee that is directly
related to the cost of replacement (see Tariff). If your Card has been reported
lost, stolen, or misappropriated but later is found, then you should
immediately inform Paynetics about it and destroy the Card.
9.7
When you receive the physical Card
it will be inactive. You have to activate the Card before using it. Otherwise,
any Card payments attempted by you will be rejected. The Card can be activated
online by following the instructions for activation provided to you. The Card
can be activated by You through the LiraPay App.
9.8
Paynetics shall have the right to
block your Card if any of the circumstances described in clause 7.4 occur.
10
GIVING
INSTRUCTIONS FOR CARD PAYMENTS
10.1
You give us an instruction and
consent to a payment made using your Card using any one of the following
methods:
10.1.1
 in case of cash withdrawal from an
ATM: by
entering a PIN;
10.1.2
in case of payment for goods or
services in-store: by tapping/waving the Card (or a
device where it is held) over a card reader for contactless payments, and by
entering a PIN;
10.1.3
in case of online payments for
goods or services online or via the phone: as described in 7.2.1.4. above.
10.2
Your consent for a Card payment
may cover a single payment or a series of recurring payments on a Card (such as
where you give your Card details to a merchant to be used for Card payments in
the future) for a set or variable amount.
10.3
Merchants in certain business
sectors (e.g. car rental companies, hotels and other service providers)
estimate the amount of the final Card payment to them and require to
âpre-authoriseâ or withhold the estimated amount on the Card. Sometimes, that
withheld amount may exceed the final amount spent. In such cases, the initially
withheld funds will not be available to you for up to 15 days until the final
Card payment request is received by us or released by the merchant. Paynetics
may release such amounts only with the merchantâs consent.
10.4
You are responsible for providing
a correct and accurate instructions for execution of a payment. If the
instructions provided by you are incorrect, inaccurate, or incomplete,
Paynetics will not be liable for errors or inaccuracies in the transaction. If
a payment is carried out in accordance with the instructions provided by you,
it will be deemed to have been correctly executed.
11.1
Fees that apply to your Account, Card,
and associated services and/or transactions are as set out in the Tariff. All
fees will be determined in the currency of the relevant Card and/or Account to
which they relate and will be deducted from the relevant Account.
11.2
Paynetics reserves the right to
change the applicable fees in accordance with this Agreement (see further
clause 16). Changes in the reference exchange rate will apply immediately
without prior notice.
11.3
If a payment received or sent
into/from your Account (where outboundÂ
transfers can be made only from Accounts in EUR and GBP) is in a
currency other than the currency of the Account (including transfer between
your different currency Accounts), then the payment amount will be âconverted
into the currency of the destination account using an exchange rate made up of
a reference rate (available at ââthe App). The exchange rate will be determined
at the time (with respect to payments into Account) the payment is received or
ââ(with respect to payments from Account in EUR or GBP) the payment instruction
is received by âPaynetics.â
11.4
If a payments using a Card is in a
currency other than the currency of the Account from which it is taken, then
the amount deducted will be the amount of the Card payment converted to the
currency of the Account using the reference exchange rate applied by VisaÂź
(available at Currency Converter â
Exchange Rate Calculator | Visa) and MasterCardÂź
(available at Mastercard Currency
Converter | Currency Exchange Rate Calculator).
The exchange rate shall be determined on the date of the Card payment is
processed. The âexchange rate is not set by Paynetics and varies throughout the
day meaning it may âchange between the date the Card payment is made and the
date it is processed. â
12
NEGATIVE BALANCE
12.1
If any action results in a
negative balance in your Account/Card, you must reimburse Paynetics the amount
of the negative balance immediately upon request. Paynetics may charge the
amount of the negative balance against the funds on any other Accounts held by
you, including any subsequently loaded funds. Paynetics may suspend Accounts
and Cards until it is reimbursed for the negative balance in full and may take
legal action against you to recover such amount.
13
COMMUNICATION PROCEDURE
13.1
The Agreement is executed in
English and all communications between you and us will be in English, unless
expressly agreed otherwise in this Agreement.
13.2
Your representatives or persons
authorized by you may receive information about the payments made with the
Card/Account electronically.
13.3
We can communicate with you
(including to provide any information or notifications in relation to this
Agreement) using any of the following methods:
13.3.1
 via the App;
13.3.2
 by email;
13.3.3
 by phone (including by sending you
an SMS);
13.3.4
 by writing to your home address.
We
will tell you if any of these communication methods are not available. We will
also tell you if you need any technical requirements or software to communicate
with us.
13.4
We will use the contact
information you have most recently given us to communicate with you. If any of
your contact details change, you must inform Paynetics about it as soon as
possible by updating your details via the App. All notifications, invitations
or other notices sent to your last email address last known to Paynetics will
be deemed to have been delivered.
13.5
You can contact our Customer
Relations Centre (see contact details at clause 22).
13.6
Paynetics will provide information
about your Account and Card transactions and fees by means of electronic
statements which will be accessible on the App. Paynetics will
also notify you at least once per month
by SMS or email that your statement is ready.
Statements will not be provided on paper. You should carefully review your
Account and Card transaction information regularly. Your statements will remain
available on the App for you to access for â1 (one) year. You may wish to
download or print your statements for your future reference.Â
You will be charged a fee (see Tariff) if you
ask us to provide additional information or provide it in a different manner
than as described here.
14.1
You must use your Card and Account
in accordance with the terms and conditions set out in this Agreement. You have
important obligations to do everything you reasonably can to keep your Account
and Card safe and to notify Paynetics of any loss, theft, misappropriation or
unauthorised use of the Card or Account immediately after becoming aware of it
as further described below.
Your
obligations to keep your Account and Card safe
14.2
You will be provided with or will
be able to set up certain security details (such as your Card PIN and any
password, passcode or other login details which can be used to access or make
payments with your Account or Card via the App). You must:
14.2.1
take all reasonable measures to
keep your Account, Card and security details safe;
14.2.2
not write down any of your
security details (such as PIN or password) unless it is done in a way to make
it difficult for anyone else to recognize them;
14.2.3
not record security details such
as PIN on the Card or keep such information together with the Card;
14.2.4
not to disclose to and/or allow
anyone else (other than authorised providers of account information services or
payment initiation services) to use in any manner whatsoever your security
details such as user identifiers, passwords or PINs;
14.2.5
keep your Card and any personal
devices (mobile phones, computers, tablets) that can be used to access your
Account, Cards or security details secure and not let anyone else use them to
make payments;
14.2.6
not choose security details such
as PIN or password to access your Card or Account that is easy for someone to
guess such as letters or digits that:
14.2.6.1
 are easily associated with you, for
example
your telephone number or date of birth;
14.2.6.2
are part of the data imprinted on
the Card;
14.2.6.3
consist of the same digits (1111)
or the sequence of running digits (1234); or
14.2.6.4
are identical to previously
selected PIN/password.
14.2.7
use up-to-date virus, malware, and
spyware software and a firewall on any devices used to access your Account or
cards to reduce the risk of security breaches.
Your
obligation to notify us
14.3
If your Card has been withheld by
an ATM, you must immediately notify Paynetics. If Paynetics is not able to
return the Card to you, Paynetics will issue a new Card to replace it.
14.4
You must immediately notify our
Customer Relations Centre (using contact details at clause 22) if:
14.4.1
your Card is lost, stolen or
misappropriated; or
14.4.2
you believe there has been
unauthorised use of your Card or Account or anyone else may be able to use or
access your Account, Card or security details to access them.
Paynetics
will make all reasonable efforts to stop the use of Account and/or Card by
blocking the Account and/or Card payments after receiving a notification from
you.
14.5
Paynetics may restrict, block or
deactivate the Card or Account if:
14.5.1
 Paynetics is concerned about the
security of
the Card or Account or the security details relating to them;
14.5.2
Paynetics becomes aware or
suspects that the Account, Card or security details relating to them are being
used in an unauthorised, unlawful or fraudulent manner;
14.5.3
Paynetics reasonably believes it
needs to do so to comply with the law or court order in any applicable
jurisdiction, the instructions provided by a Card Organisation or any other
rule or duty applicable to Paynetics;
14.5.4
this Agreement is terminated for
any reason;
14.5.5
you request us to do so;
14.5.6
you have breached any term of this
Agreement in a material way.
14.6
We will, if possible, notify you
before restricting, blocking or deactivating your Account or Card that we will
do so and the reasons for it. If we are unable to notify you beforehand, we
will notify you immediately afterwards. We will not notify you if doing so
would compromise our security measures or would be unlawful.
14.7
Your Card and/ or Account will be
unblocked or re-activated (or replaced) as soon as possible after the reasons
for blocking cease to exist.
14.8
You can also block your Cards
through the LiraPay App, if you believe that you Card has been lost, stolen,
misappropriated or there has been unauthorized use of your Card. You will have
two options â to temporarily block the Card, which option enables You to
unblock the Card after the reasons for blocking cease to exist, or to activate
âtotal blockâ. If you choose âtotal blockâ You will not be able to unblock Your
Card after the reasons for blocking cease to exist. In that case You will have
to request issuance of a new Card.
Fraud
or security threats
14.9.
You agree you will not make any
attempts to interrupt or impair the functionality of our information system,
including but not limited to, not to spread files containing viruses, damaged
files or other similar software which may be used for accessing, modifying,
deleting, or damaging data files.
14.10.
We may need to contact you
urgently in the event of suspected or actual fraud or security âthreats to your
Account, Card and/or security details. To do so, we may âuse an SMS,
âtelephone, e-mail, or another secure procedure. When we contact you, we may
also give you âinformation on how you can minimize any risk to your Account,
Card or security details âdepending on the nature of the security threat.â But
will never ask you to
disclose your full security details (such as PIN, password or passcode) or ask
you to transfer money to a new account for security reasons.
15.
LIABILITY
& REFUNDS
15.1.
You must notify Paynetics in
writing of any unauthorized or incorrectly executed payments on your Card or
Account without undue delay after becoming aware of such unauthorized or
incorrectly executed payment and in any case no later than 13 months from the
date the payment was debited to your Account. You can notify us of such unauthorized
or incorrectly executed payments by contacting our Customer Relations Centre
(see clause 22 for details).
15.2.
If you notify us of an unauthorized
or incorrectly executed payment in accordance with clause 15.1, you may be
entitled to receive a refund of the funds as detailed below. Paynetics will
verify the authenticity of the payment, its proper recording and reporting, and
whether the transaction has been affected by a technical malfunction or other
defect.
15.3.
If you are entitled to a refund
for an incorrectly executed or unauthorized payment, we will refund you as soon
as possible upon receipt of your claim or any additional information we may
request in order to investigate your right to a refund. However, if after we
refund you, our investigation leads us to reasonably that you were not entitled
to the refund, we will have the right deduct the amount of the refund from any
funds on Accounts you hold with us and reserve the right to recover the value
of the refunded payment by any other legal means.
Unauthorized
payments from your Account or Card
15.4.
If Paynetics establishes you have
not authorized a payment from your Account or using your Card (for example,
someone else made it) and there are no reasonable grounds for suspecting that
you acted fraudulently, Paynetics will refund the value of the unauthorised
payment by no later than the end of the business day after you notify Paynetics
of the unauthorised payment. The refund will include any fees to restore your
Account to the position it would have been at if the unauthorized payment was
not made. Paynetics may hold you responsible for up to first EUR 50 for
services provided in the EU incurred as losses with respect to unauthorized
payments arising from the loss, theft or misappropriation of your Card or
security details before you notify Paynetics.
15.5.
You will not be entitled to a
refund and you will bear all losses, irrespective of their amount, relating to
an unauthorized payment if:
15.5.1.
the payment was authorized by you;
15.5.2.
you have acted fraudulently;
15.5.3.
you have intentionally or with
gross negligence have failed to comply with one or more of the obligations
under this Agreement (for example, with regards to keeping your Account and
Card safe or to notify us of any unauthorized payments).
Non-executed
or Incorrectly executed payments from your Account or Card
15.6.
Without prejudice to the provisions
of the clauses 4.6, 7.4, 9.8
and 14.5, If Paynetics fails to
execute or incorrectly executes a payment from your Account or made using a
Card, Paynetics will promptly reimburse
the amount of the payment (including any fees to restore the Account to the position
it would have been at if the defective payment was not made), unless Paynetics
can show that the recipientâs payment service provider has received the payment
(in which case they will be liable). In this case, on your request, Paynetics
will make reasonable efforts to trace the payment and inform you about the
outcome.Â
15.7.
Pаynetics will not be liable for
any payment executed in accordance with the payment instructions given by you.
If the payment instruction you have given us was incorrect or incomplete (for
example, you have made a mistake in giving us the recipientâs account details),
Paynetics will make reasonable efforts to recover the payment amount. Paynetics
may charge you a fee for any such recovery as indicated in the Tariff. If
Paynetics is not able to recover the payment amount, Paynetics will, on your
written request, provide you with the relevant information about the payment.
Late
or incorrectly executed payments to your Account
15.8.
Without prejudice to the provisions
of the clauses 4.6, 7.4 and 14.5,
If Paynetics has received a payment for your Account but has not executed or
incorrectly executed the payment (for example, where Paynetics is responsible
for crediting your Account with the received payment later than it should have
been), Paynetics will immediately credit your Account with the correct amount
(including any fees to restore the Account to the position it would have been
at if the payment was executed correctly and in time).
15.9.
If a payment is received in your
Account incorrectly (for example, by mistake), Paynetics may, where it
considers reasonable to do so, hold the payment and return it to the sender. In
any case, Paynetics is obliged to provide certain information to the senderâs
payment service provider about you and the payment to enable them to recover
the funds.
Payments
initiated by payee
15.10.
If you authorize a payment
initiated by or through the payee without knowing the final amount of the
payment (for example, a Card payment initiated by the merchant when renting a
car or booking a hotel room), you have the right to request Paynetics for a
refund of such payment provided that all of the following conditions are met:
15.10.1.
you have asked for a refund within
8 weeks from the date on which your Account was debited;
15.10.2.
at the time of authorization to
execute the payment, its exact amount was not specified; and
15.10.3.
the amount of the payment exceeded
the amount you could have reasonably expected taking into account your previous
spending patterns, the terms of this Agreement and the case-specific
circumstances. If the amount of the payment increased because of the currency
exchange when the reference exchange rate agreed with Paynetics has been
applied, it will not be a valid reason.
At
the request of Paynetics, you must provide information to show the conditions
above have been met.
15.11.
Within 10 business days of
receiving your request for a refund, or, where applicable, of receiving the
further information Paynetics requested, Paynetics will refund the full amount
of the payment or inform you of the refusal to refund it, together with the
grounds for refusal and the authorities to which you can complain if you do not
accept those grounds. The refund will include the entire amount of the payment
which will be dated back to the date on which your Account was debited.
15.12.
You will not be entitled to a
refund of any payment initiated by or through payee when:
15.12.1.
you have given your consent to
perform the payment directly to Paynetics; and
15.12.2.
where applicable, Paynetics or the
payee has informed you about the upcoming payment at least 4 weeks before it
was due to be made.
General
liability
15.13.
Paynetics will not be liable to
you for any damages or losses arising from or relating to:
15.13.1.
your failure to use the Card or
Account in accordance with this Agreement;
15.13.2.
any payments executed in
accordance with the information or instructions provided by you which were
incorrect, inaccurate or incomplete;
15.13.3.
any unusual or unforeseeable
circumstances beyond the control of Paynetics, the consequences of which could
not be avoided despite Payneticsâ best efforts;
15.13.4.
refusal of a merchant, ATM or any
other person to accept the Card or any other Account payment;
15.13.5.
malfunction of a mobile device or
other equipment, software or services required for the successful technical
performance of an operation which is beyond the control of Paynetics;
15.13.6.
compliance with the applicable
legal or regulatory requirements or any rules or guidelines provided by the
Card Organisation;
15.13.7.
you acting fraudulently or with
gross negligence;
15.13.8.
loss of revenue, goodwill, lost
benefits or expected savings;
15.13.9.
any loss or damage which is not a
direct result nor a direct consequence of a breach of this Agreement by
Paynetics; or
15.13.10.
any loss or damage caused by a
virus, Denial of Service attack dissemination or other technologically harmful
material that may infect a computer or other device or equipment, software
programs, data or other proprietary material in connection to the Card, Account
and this Agreement;
15.13.11.
the quality, safety, legality or
any other aspect of goods and/or services purchased using the Card or Account
or any possible disputes arising between you and the provider of such
goods/services;
15.13.12.
Paynetics refusing to accept or
execute any payment or restricting, blocking or deactivating your Account
and/or Card in accordance with this Agreement;
15.13.13.
loss or damage beyond Payneticsâ
responsibility by law.
15.14.
None of the terms of this
Agreement will limit or exclude Payneticsâ liability for fraud, gross
negligence or any other liability which cannot be legally excluded or limited
by law.
15.15.
You are responsible for the use of
the Card and Account in accordance with this Agreement. You will be liable to
Paynetics for all losses and damages caused by their improper and/or
non-compliant use that does not comply with this Agreement.
16.1.
Paynetics may make changes to this
Agreement, including the fees set out in the Tariff, as set out further below
for reasons which may include (but are not limited to):
16.1.1.
 changes to the products or services
or
introducing new products or services under this Agreement;â
16.1.2.
withdrawal of a particular part of
our products or services;â
16.1.3.
changes in market conditions or
operating costs that affect Paynetics;â
16.1.4.
changes in technology, our systems
and/or payment methods;â
16.1.5.
making this Agreement clearer or
more favourable to you; or
16.1.6.
changes in relevant laws or
regulations, or codes or rules that apply to Paynetics.
16.2.
Paynetics will notify you about
any changes to this Agreement, including the Tariff, and the date on which such
changes shall take effect, by posting a notice on the Website, the App and/or
via email, at least 2 months before the changes take effect. When we notify you
directly in the App, we will send an active notification (push notification) to
your device, which you can open after logging into the App, and which will
contain information about the upcoming changes and where you can view them. Paynetics
can make immediate changes, without notice to you, to the exchange rates used
to convert Account or Card payments where such changes are the result of
changes in the reference rate, we have disclosed to you or are clearer or more
favourable to you.
16.3.
If you do not approve of the
changes to this Agreement, you have the right to terminate this Agreement free
of charge by informing Paynetics before the changes take effect. Paynetics will
treat you as having accepted the changes unless you inform Paynetics that you
do not approve these changes before they take effect.Â
17.
TERM
OF THE AGREEMENT. CANCELLATION. TERMINATION. VALIDITY PERIOD OF THE CARD
17.1.
This Agreement will become effective
when your application is approved by Paynetics. This Agreement will remain
valid until it is terminated in accordance with its terms.
17.2.
You can cancel your Account and
Card and terminate this Agreement within 14 days of the date you receive
confirmation your application has been approved by Paynetics by contacting our
Customer Relations Centre. You will not be charged for cancelling within this
period and the funds in your Account will be returned to you in accordance with
clause 18. You will not be entitled to a refund of any payments and associated
fees made from your Account or using the Card up to the date you notify
Paynetics of the cancellation.
17.3.
This Agreement can be terminated
by you:
17.3.1.
notifying Paynetics you do not
accept changes to this Agreement in accordance with clause 16.3;
17.3.2.
notifying Paynetics of the cancellation
of this Agreement in accordance with clause 17.2;
17.3.3.
providing Paynetics a written
request for termination of this Agreement at any time.
17.4.
This Agreement can be terminated
by Paynetics:
17.4.1.
providing you 2 monthsâ notice of
termination of this Agreement;
17.4.2.
with a notice having an immediately
effect addressed to you if:
17.4.2.1.
you breach an important term or
persistently breach the provisions of this Agreement;
17.4.2.2.
Paynetics reasonably believes that
your Account, Card or any of its services is being used for any fraudulent or
illegal purposes or in an unauthorised manner or for Prohibited Transactions;
17.4.2.3.
Paynetics is required to do so to
comply with any law or regulation or a requirement by a regulatory authority or
a Card Organisation;
17.4.2.4.
âPaynetics reasonably believe that
continuing to permit use of your Account or Card may cause Paynetics to âbreach
any applicable law or regulation, code or other âduty applicable to it or
expose Paynetics to any âadverse action, âcensure, fine or penalty from any
regulatory authority, law enforcement âor other âgovernmental agency or Card
Organisation;â
17.4.2.5.
you become bankrupt or decease;
17.4.2.6.
in other cases provided by law or
in the Agreement.
17.5.
If this Agreement is terminated
for any reason, your right to use the Account and Card will be terminated, your
Account will be closed and Card will be deactivated. All fees and
other amounts due to Paynetics
under the Agreement, if any, will become payable on termination. You can
request the return of any remaining funds on your Account in accordance with
clause 18.
17.6.
You will be responsible for all
payments performed prior to termination of this Agreement, their resulting
liabilities and any other obligations relating to the use and servicing of the
Account or Card prior to such termination.
18.1.
You can redeem all or part of the
e-money held on your Accounts any time for the duration of this Agreement by
requesting Paynetics to ârefund it to you.Â
After this Agreement is terminated, you can only request to redeem the
remaining e-money on your Account in full. You can request to redeem the
e-money by contacting our Customer Relations Centre. You will need to âprovide
Paynetics the details of an account [which must be an account in your name] to
which you would like the refund to be made and âany other details we may
require. Paynetics may require you to provide satisfactory confirmation of
âyour identity and address before the refund is made.â
18.2.
All redemptions will be paid in
the currency of your Account in which the remaining e-money being redeemed is
held, at an exchange rate (if applicable) âprevailing at the time of processing
the redemption. â
18.3.
A redemption fee (see Tariff) will
be charged to cover redemption costs on each âredemption request if:â
18.3.1.
redemption is requested before
this Agreement is terminated for any reason;â
18.3.2.
you terminate this Agreement
before any agreed termination date; or
18.3.3.
redemption is requested more than
one year after the date this Agreement is terminated.â
18.4.
The redemption fee (see Tariff)
will not be charged for redemption that is requested:
18.4.1.
at termination of this Agreement
or up to one year after that date;â
18.4.2.
when you cancel this Agreement in
accordance with clause 17.2.â
18.5.
Paynetics will not refund the
remaining value of e-money on your Account if you make the request for
âredemption more than 6 âyears after the date of termination of this
Agreement.â
19.
COMPLAINTS
19.1.
If you wish to complain about
Paynetics services under this Agreement, you can do so by contacting our
Customer Relations Centre.
19.2.
You can find more information on
how we handle complaints on âthe Website. We will provide you with a copy of
our complaints âprocedure on your request or if we receive a âcomplaint from
you. âIn most cases, Paynetics will review your complaint and provide a full
response within 15 business days from the date the complaint is received. In
exceptional circumstances, where Paynetics is unable to respond to your
complaint in full within that timeframe, Paynetics will send you a holding
response with reasons for the delay and the timeframe within which you will
receive a full response, which in any case will be within 35 business days from
the date your complaint was received.
20.
If Paynetics fails to provide a
full response to your complaint within the time limit referred to above or has
failed to resolve your complaint to your satisfaction, you may refer your
complaints to the Payment Disputes Conciliation Committee with the Commission
for Consumer Protection (1000, Sofia, 1 Vrabcha Str, fl. 4, Bulgaria, phone: +359
2 933 05 77). Details of the service offered by the Payment Disputes
Conciliation Committee are available at www.kzp.bg and https://abanksb.bg/pkps/pkps-contacts-En.html.
21.
MISCELLANEOUS
21.1.
This Agreement shall be governed
by the Bulgarian law. Any disputes relating to this Agreement will be finally
settled by the competent Bulgarian court.
21.2.
Paynetics may transfer or assign
its rights and obligations under this Agreement to another company or
individual at any time. If the transfer means that another organisation will be
providing the services under this Agreement to you instead of Paynetics,
Paynetics will give you notice of the transfer and the date when the transfer
will take effect. Unless specified otherwise in the notice, the terms of this
Agreement will be binding on you and the transferee as if the transferee was
the original party to this Agreement from the date the transfer takes effect.â
This will not affect any of your legal rights relating to this Agreement or the
services provided under it.
21.3.
You cannot transfer or assign any
of your rights and obligations under this Agreement to another individual or
company without Payneticsâ prior written consent.
21.4.
If a court or competent authority
establishes that a certain provision in the Agreement (or any part of any
provision) is invalid, illegal or unenforceable, such provision (or part of it)
shall be deemed to be non-existent to the extent necessary, but the validity
and applicability of all other provisions of the Agreement shall not be
affected.
22.1.
You can contact our Customer
Relations Centre using the contact details set out below. For monitoring
purposes, we may record any conversation with the Customer Relations Centre.
22.1.1.
Contact us about our services
(open from 9 a.m. to 6 p.m., EET, from Monday to Friday):
22.1.1.1.
 by App
22.1.1.2.
 by email: hello@lirapay.io
22.1.1.3.
 by writing at: CardBlue Ltd, Abate Rigord Street, 75
Quantum House, Level G, 1/1134, TaâXbiex, XBX1120, Malta;
22.1.2.
 Report lost, stolen or
misappropriated Cards
or other unauthorised access to your Account (available 24 hours a day):
22.1.2.1.
âVia the App;
22.1.2.2.
Via Website;
This
Cardholder Agreement has been amended with Decision of the Board of Directors
of Paynetics AD dated 15th of January 2025.
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