TERMS AND CONDITIONS FOR GUAVAPAY USERS
1. DEFINITIONS AND INTERPRETATION
“AML/CFT”- Anti-Money Laundering/Combating the Financing of Terrorism
“Account” means your account with GUAVAPAY which holds electronic money;
“Account ID Information” means any and all of the following pieces of information: your Card details (Card number, expiry date, and CVV code), your PIN, the information you use to log in to your Account, your secure identification number, security questions, and answers and other Account credentials and information specific to your Account;
“Business Day” means any day other than a Saturday or a Sunday or a public or bank holiday in England.
“Card” means each E-wallet+ Prepaid Card issued by Guavapay Limited to you, whether in the form of a physical card or a virtual card or in any other form we may decide which is registered to your Account;
“Customer Contact Centre” can be contacted on +44 20 2036086093 or by email firstname.lastname@example.org
“Fees Table” means the tables of Fees published on our Website from time to time (and which can currently be found under the heading “Fees” on www.guavapayment.com);
“Member Site” means the website accessed by Members using their Account ID Information, where Members can view their transaction history, make Uploads, and other Transactions;
“Merchant” means any commercial or business entity that (i) accepts cards displaying the Payment Service acceptance symbol as payment (where a Transaction using a Card is concerned) or (ii) is validly registered with Guavapay Limited, to accept Transactions from your GUAVAPAY Account;
“Month” means a calendar month;
GUAVAPAY “we”, “our”, “us” means Guavapay Limited, Company No.10601900, with its registered office located at 68 Lombard str. London, EC3V 9LJ, United Kingdom;
“Payment” means any of the following: (i) any payment made using your Card; (ii) the debiting of an amount of electronic money from your Account and the concurrent crediting of such amount to a Merchant account, or another Member’s account, as designated by you (including by way of Subscription Billing); or (iii) the crediting of an amount of electronic money to your Account and the concurrent debiting of a Merchant Account, or another Member’s account;
“PIN” means the personal identification number which we may issue or approve to be used with your Card;
“Subscription Billing” is a service whereby a Member requests that regular Payments be made from your Account at specified intervals to an online Merchant;
"Third Party Provider" means a service provider authorized by law or allowed by you to access information or make payments for you in your Account;
“Transaction” means, as the context permits: (i) a Payment; or (b) a Withdrawal; or (c) an Upload; in each case less any applicable Fees;
“Upload” means the crediting of funds to your Account by purchasing electronic money;
“Website” means the website available at www.guavapayment.com;
“Withdrawal” means taking funds from your Account by using your Card at any ATM or by selecting one of the withdrawal methods available to you in your country of residence as set out in the “Money Out” page of the Member Site; and
1.4 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.5 A reference to a holding company or a subsidiary means a holding company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006.
1.6 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.7 Any words following the terms "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
3. GUAVAPAY SERVICE
3.1 Guavapay Limited is a Small Electronic Money Institution and regulated by the Financial Conduct Authority in the United Kingdom, under FCA Reference Number (FRN) 900888 All Cards are issued by Guavapay Limited pursuant to a license from 03.06.2019
4.1 To become and remain a Member, you must:
4.1.1 be at least 18 years of age;
4.1.2 not be a resident of any country where we do not provide the GUAVAPAY Service.
4.1.3 open an Account in accordance with the instructions set out on the registration page of our sign up Website including completing all requested information set out on the registration page;
4.1.4 maintain an active address, phone number, and email address; and
4.1.5 satisfactorily pass all of our required identity and security validation and verification checks.
4.2 Subject to section 6.A you may not permit any other person to use your Account. Unless we otherwise permit from time to time, you may not open more than one Account and we may, without notice, close any or all of the Accounts of a Member who has, or whom we reasonably suspect has unauthorized multiple Accounts.
4.3 You will promptly update your Account details if your name, address, email address, phone number, credit card or bank account information changes.
In order to use the GUAVAPAY Service, you must:
5.1 be a Member; and
6. USING YOUR ACCOUNT
6.1 In order to make a Transaction, you will need to make an Upload
6.2 Purchasing electronic money
6.2.1 You may purchase electronic money by using one of the Upload options available to you depending on your country of residence. You must provide the information requested and pass all identity and security validation and verification checks. For any Upload, you authorize us to obtain or receive funds on your behalf from your chosen payment source, less any applicable Fees, and then issue electronic money to your Account.
6.2.3 Uploads are subject to fees including currency conversion fees (if applicable). Please see section 8 for further details on fees.
6.2.4. You must not make an Upload from, or a withdrawal to, a payment instrument or bank account if you are not the named account holder. We take any violation of this requirement very seriously and will treat such actions as fraudulent acts. Without prejudice to claiming further damages, if we are required to (i) return Upload funds from a payment instrument or bank account that is not in your name; or (ii) investigate a withdrawal to payment instrument or bank account that is not in your name, we may charge an administration fee of … USD per upload return.
6.3 Applying for Cards
6.3.1 If you reside in a supported country, you may apply for a Card once your Account has been verified in accordance with section 6.3 .2 below. To find out if you reside in a supported country, please contact the Customer Contact Centre.
6.3.2 In order to apply for a Card, you will need to “verify” your account by confirming your identity and where you live. Details of how to do this can be found on the Website. We may use third parties to obtain this information, which may also contain credit checks, on our behalf. You agree to us applying reasonable discretion in using and sharing relevant personal data to conduct such identity and verification checks.
6.3.3 If you receive a physical Card, you must sign it as soon as you receive it.
6.3.4 We reserve the right to refuse to issue you a Card at our sole discretion.
6.4 Using your Card
6.4.1 Your Card is not a credit card, charge card, or debit card. You can only spend to the value of the funds that you have in your Account. You can use your Card anywhere Payment Service is accepted, however, a virtual Card can only be used where a physical card is not required, for example, Transactions made online or over the phone.
6.4.2 All Transactions made using your Card are subject to:
- there being sufficient funds in your Account;
- the Merchant or financial institution being able to verify that you have sufficient funds available in your Account; and
6.4.5 Merchants such as car hire companies, hotels, and other service providers will estimate the total sum of money you may spend or for which you require authorization. The estimate may be for more than the amount you eventually spend or are charged, for example:
a. at restaurants You may be required to have a maximum of 20% more on Your Card than the value of the bill to allow for any service charge added by the restaurant;
b. at “pay at pump” petrol pumps (if applicable) You may be required to have an amount equal to the maximum Transaction value permitted at the pump in Your Card Account.
The merchant will be required to tell you the estimated amount that will be blocked in Your Card Account and seek Your consent.
This means that some of the funds on Your Account may be blocked until the Merchant has settled the actual Transaction amount and accordingly, You will not be able to spend this estimated sum during this period. We will release the blocked funds without undue delay on becoming aware of the amount of the Transaction and in any event will unblock the funds immediately after receipt of the settlement request from the merchant.
6.5 Making Payments to and from your Account
6.5.1 You can make a payment straight from your Account to a Merchant that accepts payment from a GUAVAPAY account or another Member by completing the information on the “Money Out” page of the Member Site, and, in some cases, you may be able to make a payment to or from a Merchant, directly from the website of a Merchant.
6.5.2 When making a payment from your Account, you may not designate an amount in excess of the balance (plus the applicable Fees) in your Account at the time the request is made. If you attempt to do so, your Payment request will be denied.
6.5.3 The amount of any Payment made to your Account will be credited to your Account balance, less any applicable Fees, on receipt. If a Payment credited to your Account is reversed by the sender prior to you performing a Transaction, the amount of the reversed Payment will be returned to the sender and no Fees will be owed by you.
6.5.4 You are fully responsible for any goods or services bought by you that are paid for through your use of the GUAVAPAY Service. Any dispute with a Merchant regarding any product or service bought by you through the GUAVAPAY Service is between you and the Merchant and you agree that we shall not be a party to such dispute. We do not provide any warranties, representations, conditions or guarantees with respect to such goods and services.
6.5.5 Payments are subject to fees including currency conversion fees (if applicable). Please see section 8 for further details on Fees.
6.5.6 If we are late in executing a payment that you instruct us to make you may ask us to contact the recipient's payment service provider and ask them to credit it as if it had been received on the correct day.
6.5.7 We may, if requested by the payment service provider of someone trying to make a payment to you that has executed that payment late, credit it to your Account as if we received it on the correct day.
6.5.8 Transactions are displayed in your online transactions history together with the date of receipt or transmission (the credit or debit value date), the fees charged and, where applicable, any exchange rate used. You should check your Account balance and transaction history regularly. You should report any irregularities or clarify any questions you have as soon as possible by contacting Customer Service.
6.5.9 We may send you an e-mail notification reminding you to log into your Account and download and/or print a copy of your transaction history.
6.5.10 You must give consent to the execution of a Transaction for it to be authorised. You agree that by pressing the “agree” button, or entering your Account ID Information (or any equivalent button or process whereby you submit the required Transaction information) you are confirming that you are providing consent for the Transaction to be processed and for the relevant Fees to be charged and deducted from your Account. All Transactions made using your PIN, your Account ID Information or any other security procedures that we require are deemed to be authorised by you. You also agree that once consent has been provided by you, the authorised Transaction can no longer be revoked. To this extent, the time of receipt of the Transaction request (and therefore the time of consent) is the time when the “agree” button has been pressed (or such equivalent button or process).
6.5.11 You acknowledge that your intended recipient of a Transaction from your Account is not required to accept the Transaction. If an intended recipient declines a Transaction from your Account, your Account will be re-credited with the amount of the Transaction and no Fees will be charged.
6.5.12 If you receive funds into your Account that were not intended to be transferred to you, we will be entitled to remove these funds from your Account.
6.5.13 You must ensure that the payment details you enter when making a Withdrawal are correct and complete. We will not be liable for withdrawn funds being sent to the wrong account where this is due to you providing incorrect payment details. When withdrawing to a bank account, you must ensure that the account number, sort code, IBAN and/or BIC/SWIFT are correct. If you have withdrawn funds to the wrong account, you may request that we assist you in reclaiming the funds. However, we will charge you an administration fee of up to …. USD for doing so and we cannot guarantee that the reclaim efforts will be successful.
6.5.14 Customer agrees that it shall:
(a) implement, maintain and comply with policies and procedures that are designed to detect and prevent money laundering, terrorist financing, proceeds of crime, fraud and/or other crimes, sanctions and offences and shall review and update such policies as necessary to reflect any changes in Law, regulations, applicable guidelines and/or market practice; (applicable for Customers-Financial Institutions)
(b) perform all necessary know your customer, anti-money laundering, sanctions and politically-exposed persons or other relevant background checks on each Merchant who utilises the Payment Service via Customer as required by Law; (applicable for Customers-Financial Institutions)
(c) if required by Law, perform all necessary know your customer, anti-money laundering, sanctions and politically-exposed persons or other relevant background screening checks against Beneficiaries;(applicable for Customers-Financial Institutions)
(d) comply with Guavapay’s anti-money laundering policy as provided to Customer from time to time. Customer shall grant Guavapay a right to audit Customer’s business on Customer’s premises on reasonable notice, in writing or by email in order to satisfy itself that Customer has complied with policy;
(e) fully cooperate and provide any and all information or documentation at the request of Guavapay that may be requested by any Governmental Authority in connection with an examination or external audit;
(f) provide Guavapay with written notice as soon as is reasonably practicable of any complaints that it receives from its Merchants arising from or in connection with the Payout Service, including providing Guavapay with sufficient detail and support to investigate such complaints;
(g) comply with all Laws applicable to in fulfilling its obligations
(h) comply with all policies, guidelines and directions relating to the Payment Service issued by Guavapay from time to time.
(i) the Guavapay has no responsibility for any legal or regulatory obligation to which the Customer may be subject or the consequences of any failure on the part of the Customer to comply therewith whether or not arising out of or in connection with the operation of the Customer Payment Account.
(j) the Guavapay, in its sole discretion, may suspend or close any account or decline to provide any Services under this The Agreement, should the Guavapay determines that (i) the provision of such Services would violate applicable laws, including but not limited to AML/CFT regulations and economic and trade sanctions laws, or (ii) involve, directly or indirectly, any countries, individuals or entities sanctioned by the EU, UN or by any other applicable jurisdiction, without any liability on the part of the Guavapay or (iii) the Customer usage of account differs from its specific purposes.
6.6.1 Some online Merchants may offer goods or services which can be paid for using Subscription Billing. This means that a Payment will be deducted from your Account at regular intervals. The amount of the Payment and the intervals at which the Payment will be deducted, is determined by the relevant Merchant.
6.6.2 Subscription Billing is an arrangement between you and the relevant Merchant. If you wish to amend or cancel your Subscription Billing Payment or have any query or dispute concerning your Subscription Billing Payment, you may only do this by contacting the Merchant directly and the terms and conditions set by the Merchant will apply. Once you have contacted the Merchant you should inform us. We are unable to cancel or amend Subscription Billing Payments without the consent of the Merchant. You should not cancel or otherwise reverse a Subscription Billing payment without contacting the Merchant first. We will not be liable for any Subscription Billing Payment that is deducted from your Account before you have notified the Merchant of the cancellation. You will not be able to cancel a Payment that has already been made to a Merchant.
6.6.3 It is your responsibility to ensure that your Account has sufficient funds to make each of the Payments you have agreed to make using Subscription Billing. We shall not be liable for any fees, charges you may incur as a result of there being insufficient funds in your Account to meet your obligations under a Subscription Billing arrangement. If your Account goes into a negative balance, the terms set out in section 10.3 shall be applicable.
6.6.5 We will refund any past Subscription Billing Payment(s) initiated by or through the Merchant provided that: (a) the original authorisation given to us or the Merchant did not specify the exact amount of the Payment and (b) the amount of the Payment exceeded the amount that you could reasonably have expected taking into account your previous spending pattern and the circumstances of the case. You must request such a refund within eight (8) weeks from the date the funds were debited from your Account. You agree to provide us with such information as is reasonably necessary to ascertain whether the conditions for a refund described in this section 6.6.5 are satisfied. Within ten (10) Business Days of receiving a request for a refund or, where applicable, of receiving any further information we requested from you, we will either refund the full amount of the payment or provide you with justification for refusing to refund the payment indicating that you have a right to refer the matter to the Financial Ombudsman Service if you do not accept the justification provided.
6.7 Closing your Account and redeeming your funds
6.7.1 If you wish to close your Account, you may do so by notifying us in writing. Subject to subsection 6.7.3 below, you may redeem at par all of the balance of electronic money in your Account (excluding amounts that have not cleared your financial institution) by selecting one of the withdrawal options available to you in your country of residence as set out in the “Money Out” page of the Member Site, or by using your Card at any ATM.
6.7.2 We will process the Withdrawal request provided all identity and security validation and verification checks are successfully completed.
6.7.3 Depending on the method of Withdrawal you choose, a Fee may be applicable which will be deducted from the balance in your Account prior to Withdrawal.
6.8 We may refuse to execute any Transaction in the following circumstances:
6.8.1 we reasonably believe that you did not give us the instruction;
6.8.2 we reasonably suspect fraudulent activity;
6.8.3 your instructions are unclear, incomplete or not in the required form;
6.8.5 we need to do so in order to comply with the International Payment System rules; or
6.8.6 where we are otherwise required to do so by law or requirement of any applicable regulatory body.
We may notify you of such refusal, our reasons for doing so and, where applicable, how to rectify the error that led to the refusal, unless such notification - or any part of it - is prohibited by any law or regulation.
6.9 Merchants may not be able to authorise a Payment if they cannot obtain online authorisation from us (for example, if they are unable to access the internet).
6.10 You are fully responsible for the instructions you give to us and as a result we may not be able to detect errors in your Transaction instructions. It is important that you ensure all the details entered in respect of any Transaction are accurate. Any Transaction will be deemed to have been correctly executed where it has been executed in accordance with your instructions. However, we may in some circumstances, be able to assist you in recovering the funds involved and will apply the relevant Fee for doing so, per the Fee Table. We are unable to recover funds incorrectly sent to another Member, unless you have a police crime reference number or the consent of the other person involved.
6.11 Transactions are final and are not reversible save in the following circumstances and at our sole discretion:
6.11.1 where we confirm there has been a Merchant error;
6.11.2 where there is illegal activity involving your Account; or
6.12 You acknowledge that certain of our Transaction options will require different types and levels of identity and security validation and verification checks, including use of third party validation and verification systems, and you agree to us applying our reasonable discretion in using and sharing relevant personal data to conduct such identity and security validation and verification checks if you choose such options.
6.13 You also acknowledge that for security purposes, certain of our Transaction options impose minimum and maximum limits on the amounts that may be transferred. We reserve the right to impose limits on the amount of any Transaction and the frequency you may use a particular Transaction option. Further information is available on the Website. These limits are subject to change from time to time without notice.
6.14 You must not engage in any of the following:
6.14.1 an actual or attempted act by you which is deemed by us to be collusion, abuse of bonuses or other promotions in respect of the GUAVAPAY Service;
6.14.2 the opening of, or attempting to open, multiple Accounts in your name (unless with our prior written approval) or a bogus name;
6.14.3 the carrying out of false and/or artificial activity or Transactions (commonly known as “churning”).
6.15 You must only use your Account for personal purposes and not as a means to trade or run a business unless, in certain circumstances as determined by us, we give our prior written consent for you to do so.
7. Card expiry, loss and damage
7.2 Upon expiry of your Card, we will only automatically renew Cards that have been used within the 12 months prior to expiry. A charge will not be applied if your Card is automatically renewed.
7.3 If you so request, we will replace a Card which has been lost, stolen or damaged. A Fee will be applicable for replacing a Card that has been lost, stolen or damaged.
7.4 If you find your Card after you have reported it lost, stolen or misused, you must destroy it and inform us immediately.
8.1 We will charge you the Fees for each Transaction. You authorise us to debit from your Account any applicable Fees at the time of a Transaction. We may also charge you certain administration Fees, including, but not limited to, in relation to ongoing management of inactive accounts, debt collection and reprocessing charges in case of insufficient funds. All Fees will be charged in the currency of your Account and you agree that we may debit by way of set-off from your Account any Fees, charges or other amounts owing to us and payable by you in connection with the GUAVAPAY Service. All Card Fees will be charged in the currency of your Account, regardless of the currency of the Card or the Transaction.
8.2 We reserve the right to change the Fees from time to time, which will be implemented in accordance with Section 2.2. Updates will be indicated on the Fees page of our Website. Changes to the reference exchange rate shall apply immediately, without prior notice.
8.3 Please be aware that some ATM providers charge additional fees for the use of their ATMs. It is your responsibility to check before proceeding with your Transaction.
8.4 Under certain circumstances we may charge additional fees as set out in sections 6.2.4, 10.1 or 14.6.
8.7 If you subscribe to the Loyalty Rewards Program, your Points balance will also expire in accordance with the GUAVAPAY Rewards Program Terms, section 3 “If you do not perform a Qualifying Transaction”. For further information, please refer to the Loyalty Rewards Program Terms
9. Currency exchange
9.1 When you register your Account, you have the option of choosing from a list of currencies, which will be the currency in which your Account will be denominated.
9.2 If you use your Card or Account Services to make a Transaction in a currency other than the currency of your Account, then such a Transaction will be converted to the currency of your Account on the day we receive final settlement for the Transaction (typically 72 hours after you make the Transaction). You will receive an estimate of the converted amount at the time you make the Transaction, but this may be less, or more, than the final amount deducted from your Account due to exchange rate fluctuations. We will use Payment Services authorized rates applicable for such a Transaction. A foreign exchange fee will also apply (see the Fees section on our Website for further details).
9.3 If you apply for a Card in a currency that is different to the currency of your Account, all Transactions you make from your Account using your Card will incur a foreign exchange fee. Any Transaction you make in a currency that is different to both the currency of your Card and your Account will incur an additional foreign exchange fee (you will be charged an exchange fee for the currency conversion from the Transaction currency into the currency of your Card and a further fee for the currency conversion into the currency of your Account). We recommend that you choose the same currency for your Card as the currency of your Account.
10. Chargebacks, negative balances, and refunds (Applicable for Cardholder customers)
10.2 Without limiting our rights or remedies, if you do chargeback, cancel, reverse or de-authorise a payment in such circumstances, you are responsible for refunding the payment to us. We may, at our discretion, recover the amount by reducing your Account balance, re-charging your credit card or bank account for the amount or otherwise collecting such amount from you.
10.4 We reserve the right, at any time, to send you reminders or to take other debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in connection with any such debt collection or enforcement efforts. This provision shall survive termination of the relationship between you and us.
10.5 If you receive a refund for purchases made with your Card, the refund will be paid to your Account. For legal reasons, you are not entitled to receive refunds in cash for Transactions made using your Card. Refunds may take up to 30 days to process.
10.6 Once you have used the GUAVAPAY Service to make a purchase, we are unable to stop that Transaction. However, where you have used your Card to buy goods or services you may have a claim against the Merchant if the goods or services are unsatisfactory, not supplied, supplied only in part or do not match the supplier’s description. You must notify us of any dispute within 60 days of the purchase and the chargeback will only be applied to your account if successfully secured from the merchant through Payment Services. Payment Services and not us will determine who will win the chargeback. If you wrongly make a chargeback claim, we will be entitled to charge you any fees we reasonably incur in pursuing the chargeback claim and we will be entitled to debit your Account with the amount of any such fees.
11. Rewards on promotional programs
From time to time, we may offer reward programs or other promotional programs. Such programs will be subject to the program rules. We reserve the right to cancel or amend the terms of any such reward or promotional program at our discretion.
12. Account restrictions
12.1.1 using the GUAVAPAY Service to obtain a cash advance (or assisting others in such activity);
12.2.2 using the GUAVAPAY Service for any purpose contrary to laws, statutes or regulations applicable to you, including without limitation, those concerning money laundering, fraud, criminal activity, financial services or consumer protection;
12.2.3 sending unsolicited email or similar methods of mass messaging (spam);
12.2.4 using the GUAVAPAY Service for any prohibited transactions as stated in Section 14;
12.2.5 harassing or engaging in obscene, rude or abusive behaviour against us or any of our representatives; and
12.2.6 tampering, hacking, modifying, damaging, interfering with or otherwise corrupting the security or functionality of the GUAVAPAY Service, or attempting to do any of the foregoing.
13. Keeping your account and card safe
13.1 -It is your responsibility to keep your Card safe; your Card is personal to you and you must not give it to anyone else to use. You must take all reasonable precautions to keep your Account ID Information confidential and secure. This includes ensuring the ongoing security of your Account ID Information and your personal computer device for accessing the Internet. You are required to change your password regularly and to use up to date virus, malware and spyware scanning software and firewall protection to reduce the risk of a security breach.
-It is your responsibility to keep your login and password safe and you must not give it to anyone else to use.
13.2 You will receive a PIN for your physical Card and you must keep your PIN safe. This means that when you receive your PIN you must memorise it and destroy the letter containing details of the PIN. You must keep your PIN secret at all times. You must not disclose your PIN to anyone including friends, family or any Merchant. You must not write down your PIN anywhere. You must not use your PIN if someone else can see you typing it in. You must comply with the security procedures we tell you about from time to time.
13.3 If you suspect that someone else knows your Account ID Information, Login/password or either it or your Card has been lost, stolen, misappropriated, used without authorisation or otherwise compromised you are advised to change your password. You must contact the Customer Contact Centre without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your Card or Account ID Information. Any undue delay in notifying us may not only affect the security of your Account but may result in you being liable for any losses as a result where your failure to notify us is intentional or grossly negligent. If you suspect that your Account was accessed by someone else, you should also contact the police and report the incident. . If you forget your PIN you can find the details in your Account. It is important you keep your Account details safe and secure as it provides access to your virtual cards and physical Card PINs. If you forgot your Account detils, you will be able to recover it from the system.
13.4 We may suspend your Card and / or your Account or otherwise restrict its functionality on reasonable grounds relating to the security of the Card or the Account or any of their security features or if we reasonably suspect that an unauthorised or fraudulent use of your Card or Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
13.5 If we think your Card or your Account is at risk of fraud or a security threat, we will use the fastest and most secure way of contacting you using the details you have provided to tell you what you need to do to help deal with that risk.
14.2. It is strictly forbidden to make payments to or to receive payments from persons or entities offering illegal gambling services, including (but not limited to) illegal sports betting, casino games and poker games. We may suspend or terminate your Account at any time or refuse to execute or reverse a transaction if we believe that you directly or indirectly use or have used your Account for or in connection with illegal gambling transactions. This list is not exhaustive and it is your responsibility to ensure that you do not use our services for transactions that may be considered illegal in your jurisdiction.
14.3. You may not use our services if you are residing in certain countries. We reserve the right to suspend or terminate your Account at any time if we reasonably believe to be required to do so by law or in order to comply with recommendations issued by a relevant government authority or recognised body for the prevention of financial crime.
14.4. It is strictly forbidden to use your Account for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency. You are prohibited from using your Account in an attempt to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides.
14.6. If you conduct or attempt to conduct any transaction in violation of the prohibitions contained in this section 14 or without the necessary approval under section 14.5, we reserve the right to: reverse the transaction; and/or close or suspend your Account; and/or report the transaction to the relevant law enforcement agency; and/or claim damages from you; and charge you an administration fee of up to XXX USD if we apply any of the above.
14.7. It is your and not our responsibility to ensure that you only send payments to or receive payments from persons or entities for the sale or supply of goods and services that you may provide or receive in compliance with any applicable laws and regulations. The mere fact that a person or entity accepts payments through us is not an indication of the legality of the supply or provision of their goods and services. If you are in doubt as to the legality of a supply or purchase, you should not continue with your payment.
15.1 You explicitly consent to us accessing, processing, and retaining any information you provide to us, for the purposes of providing payment services to you. This does not affect our respective rights and obligations under data protection legislation. You may withdraw this consent by closing your Account. If you withdraw consent in this way, we will cease using your data for this purpose, but may continue to process your data for other purposes where we have other lawful grounds to do so, such as where we are legally required to keep records of transactions.
15.3 You acknowledge and accept that: (i) when speaking to our Customer Contact Centre agents, your call may be monitored and/or recorded for quality assurance, training and security and fraud protection purposes; (ii) for fraud and security purposes your records are kept by us even after your Account is closed; and (iii) for identity validation and verification purposes, the following information may be provided to Merchants with whom you make a Transaction: name, Account number, jurisdiction, country of residence, nationality, residential address, postal code, email address, date of birth, and/or IP address.
16. Suspending or closing your account and cancelling your card
16.1 You have the right to close your Account and thereby terminate your agreement with us (and your right to use the GUAVAPAY Service) at any time by notifying our Customer Contact Centre. If your Account holds a balance at the time of its closure, we will ask you to withdraw your funds within a reasonable period of time, during which your Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your Account but you may withdraw any remaining funds by contacting the Customer Contact Centre and requesting that the funds are sent to you in a manner that is reasonably acceptable for us. If you want to access your transaction history after the closure of your Account, you will need to contact the Customer Contact Centre s and request the information, You may do so for a period of six years from the date of closure of your Account but we suggest that you withdraw your remaining funds as soon as possible as they will not earn any interest while in your Account.
16.4 Notwithstanding the above, we may, at our discretion, suspend or limit access to your Account (including without limitation, placing a hold on funds in your Account, limiting your ability to make Transactions on your Account, suspending or terminating your Card, and limiting your payment options) remove you from and/or not allow you to participate in any or all of our benefit schemes (including, without limitation, our reward scheme and our promotions) or close your Account, at any time, without notice, in any of the following circumstances:
16.4.2 if we have reasonable grounds to believe that your Account has been used without your authorization, or in connection with an unauthorised or unusual Transaction or unauthorised or unusual credit card or bank account use (including without limitation, notice of the same by your bank or credit card issuer);
16.4.3 if we have reasonable grounds to believe that your Account has been used in connection with a prohibited transaction as stated in Section 14;
16.4.4 if at any time we determine that you have provided us with any false, inaccurate, incomplete or misleading information or any name, bank account or credit card information that you are not legally authorised to use;
16.4.5 abuse by you of the reversal or charge back process provided by your bank or credit card company or any similar behavior where a Upload is de-authorised, reversed or cancelled after having authorised a Payment or Withdrawal of those funds;
16.4.6 e-money being credited to your Account as the result of fraud;
16.4.7 you refuse to cooperate in an investigation or to provide adequate identity or security information or documentary evidence for verification when requested;
16.4.8 initiation of Transactions that may be considered to be cash advances or assisting in cash advances;
16.4.9 if we believe your Account or Card has been used or allegedly used, or may be used, in, or to facilitate, any fraud, financial-crime related activity or any other illegal activity;
16.4.10 return of a payment for insufficient funds in your Account;
16.4.11. if we believe that your Account, whether active or dormant, or your conduct, poses a security, credit, fraud, business, or reputational risk to us;
16.4.12 we can no longer process your Transactions for any legal or security reason or due to the actions of any third party;
16.4.14 to comply with money laundering or terrorist financing investigations or prohibitions issued by any government authorities, agencies or commissions.
16.5 Subject to section 16.6, if we close your Account, we will notify you before doing so, either by email or by letter according to the most recent contact address that you have provided and return to you any unrestricted or undisputed funds in your Account (being funds not involved or otherwise connected with the circumstance giving rise to the limitation or closure) in accordance with your instructions.
16.6 In certain circumstances, we may be prohibited from notifying you that your Account has been suspended or closed. In such circumstances, we will endeavour to inform you as soon as we are able. Where an Account is suspended, we may, at our discretion, lift the suspension provided we are satisfied that the circumstances giving rise to the suspension no longer exist.
16.7 If there is a positive balance in your Account at the time your Account is closed for any reason, these will be returned to you by the method you instruct (less the normal applicable Fees) provided the funds are not subject to any restriction.
16.8 Any funds which remain unclaimed for a period of six years following closure of your Account shall expire and be forfeited.
17. Warranties, liabilities and disclaimer
17.1 We reserve the right to validate and verify any of the information that you provide to us with third parties at any time.
17.2 Without limiting section 6, we shall make reasonable efforts to ensure that debits and credits to your Account are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the processing will be completed. For example, if you are a cardholder customer and as your Card is linked to your Account, your Card may not work if there are problems with the GUAVAPAY Service, and your ability to use your Card may be interrupted when maintenance works to the GUAVAPAY Service are carried out. We make no representations or warranties as to continuous, uninterrupted or secure access to the GUAVAPAY Service, which may be affected by factors outside our control, or may be subject to periodic testing, repair, upgrade, outages or maintenance.
17.3 We assume that prior to opening your Account you have determined that opening and maintaining your Account does not violate any law or regulations in your country of residence and jurisdiction. You warrant that you are not violating any laws or regulations by your use of the GUAVAPAY Service and you agree to pay us, our affiliates, holding companies, subsidiaries, agents and subcontractors, the amount of all claims, losses, damages, expenses and liabilities whatsoever suffered or incurred by us, our affiliates, holding companies, subsidiaries, agents or subcontractors as a result of your use of the GUAVAPAY Service in violation of any law or regulation. This provision shall survive termination of the relationship between you and us.
17.5 In the case of an unauthorised payment or a payment that was incorrectly executed due to an error by us, we shall, as soon as practicable, refund the payment amount including all fees deducted therefrom. This shall not apply:
17.5.2 if you fail to notify us without undue delay of any loss of your password or other event that could reasonably be expected to have compromised the security of your Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred until you notify us;
17.5.3 if the transaction was unauthorised but you have acted fraudulently or compromised the security of your Account with intent or gross negligence, in which case you shall be solely liable for all losses; or
17.5.4. if you fail to dispute and bring the unauthorised or incorrectly executed transaction to our attention within 13 months from the date of the transaction.
17.6. Unless you have acted fraudulently, section 17.5.1 shall not apply to transactions made after you have notified us in accordance with section 13.3, where we have failed to provide you with appropriate means for notification or we are required to use strong customer authentication but fail to do so, in which case we shall remain liable and refund any unauthorised transaction to you as soon as practicable.
17.7. Without prejudice to the foregoing, you are asked to check the transactions history of your Account regularly and frequently and to contact the Customer Contact Centre immediately in case you have any questions or concerns.
17.8. In the case of any incorrect or misdirected payment, we shall take reasonable measures to assist you with tracing and recovering such payments.
17.9. Subject to the foregoing, we shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
17.10. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
17.15. Notwithstanding the foregoing, we shall not be liable for any disruption or impairment of our service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
17.16. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
17.21 We confirm that Guavapay Limited retains all right, title, and interest in and to all trademarks, trade names, logos, Website designs, text, content and graphics, and other intellectual property rights used by us in relation to the GUAVAPAY Service and any use, reproduction, modification, or distribution by you of such trademarks, trade names, logos, Website designs, text, content, graphics, or other intellectual property rights, is prohibited.
18. Complaints procedure
18.1 We refer you to our complaints procedure referred to in section 2.5 hereof for any complaint or dispute you may have concerning your Account. Any complaints about us or the services we provide should be addressed to us in the first instance by contacting the Customer Contact Centre. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. We send you a complaint acknowledgment by post or by email within 48 hours of receiving your complaint in accordance with our complaints procedure. A copy of our Complaints Policy is available on our Website.
18.2 We endeavor to provide you with an answer or resolution to your complaint within the timeframes as outlined by the Financial Ombudsman Service. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.
18.3. If your complaint is not resolved to your satisfaction, you may contact the Financial Ombudsman Service at Exchange Tower, London, E14 9SR, United Kingdom.
19.1 We may engage the services of one or more affiliates, holding companies, subsidiaries, agents or subcontractors in order to fulfil our obligations.
20. Guavapay support
20.1 Our Customer Contact Centre is open 24 hours a day, 7 days a week. You can find contact details on the Website. A Lost and Stolen reporting service for Cards is also available 24 hours a day, 7 days a week, the details of which can be found on the back of your Card, or on the Website. Regarding all the issues you may write to Guavapay Support Team email@example.com
These terms and conditions outline the rules and regulations for the use of GUAVAPAY Limited's Website. GUAVAPAY Limited is located at: 68, Lombard str, London - EC3V 9LJ, UKBy accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Guavapay Limited's website if you do not accept all of the terms and conditions stated on this page.The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of UK. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, GUAVAPAY Limited and/or it’s licensors own the intellectual property rights for all material on GUAVAPAY Limited. All intellectual property rights are reserved. You may view and/or print pages from https://www.guavapay.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
• Republish material from https://www.guavapay.com
• Reproduce, duplicate or copy material from https://www.guavapay.com
• Redistribute content from GUAVAPAY Limited (unless content is specifically made for redistribution). Hyperlinking to our Content
The following organizations may link to our Web site without prior written approval:
• Government agencies
• Search engines
• News organizations
• Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses
• Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
(a) is not in any way misleading;
(b)doesnotfalselyimplysponsorship,endorsementor approvalofthelinkingpartyanditsproductsor services;
(c) fits within the context of the linking party's site. We may consider and approve in our sole discretion other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
• dot.com community sites;
• associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals;
• accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
(a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at- home opportunities, shall not be allowed to link);
(b)the organization does not have an unsatisfactory record with us;
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link:
(a) is not in any way misleading;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services;
(c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
• By use of our corporate name; or
• By use of the uniform resource locator (Web address) being linked to; or
• By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
• No use of GUAVAPAY Limited’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
• limit or exclude our or your liability for death or personal injury resulting from negligence;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law;
exclude any of our or your liabilities that may not be excluded under applicable law
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.