Terms of Use
(Public Offer Agreement)
1. General Provisions.
To enter into the present Agreement, the Client should not be younger than 18 years old and should be considered of the full legal age in the country, where the registration and use of the SafePayCard Company’s service shall take place. The Client should be sure that the registration and use of the given service shall not contravene the legislation of his /her country and administrative subjects thereof. By entering into the Agreement, the Client assumes all obligations and bears full responsibility in a case if the information provided by the Client appears to be false.
1.1. By opening an account and using the web-page, the Client accepts terms and conditions of the present "User’s Agreement" (hereinafter referred to as "User’s Agreement" or "Agreement"), which is a legally binding contract, in order to be the Client of the SafePayCard henceforward and guarantees that he /she understands all terms and conditions of the present Agreement and accepts thereof unconditionally and in full. The foregoing "User’s Agreement" might subject to amendments henceforth. The SafePayCard reserves the right to amend the text of the present "User’s Agreement" fully or partially any time, publishing relevant amendments on the SafePayCard web-page. Amendments to the "User’s Agreement" come into legal force in 30 days after the day of publication thereof on the SafePayCard web-page. The Client can familiarize himself /herself with a new version of the "User’s Agreement" any time, by entering the "User’s Agreement" section on the SafePayCard web-page. The Client can look through the current edition of the "User’s Agreement" before making any transactions or deals, any time, by entering the "User’s Agreement" section on the SafePayCard web-page.
1.2. The Agreement is concluded between a private person or a legal entity ("Client" or "User") and SafePayCard ("Company" or "SafePay"), which is a trade mark of SIA "Transact Pro", registered as a financial institution with the Bank of Latvia and incorporated with the Register of Enterprises of the Republic of Latvia (E.U.) under the registration number 41503033127 having legal address at: 10 Ropazu Street, 12th floor, Riga, LV-1039, Republic of Latvia.
2. Terms
2.1. For the purpose of the present Agreement the below terms applied hereunder shall have meanings as follow:
Public Offer Agreement is an offer addressed to an indefinite circle of persons and containing all essential terms of the agreement, in which is seen the will of the person who is making the offer to conclude the contract on the terms, indicated in the offer, with any responding person.
Identification is a procedure for providing personal or other data by a private person or a legal entity, enabling to ascertain/confirm the fact of entering into the present Agreement and using of a definite virtual account by said person or entity. Detailed information about Identification methods, applied in the SafePayCard system, is available via Internet on the SafePayCard web-page.
Electronic money is a kind of payment means, existing only in the electronic format, i.e. as records in the SafePayCard electronic accounting system, which directly corresponds to the actual world currencies, but the procedure of usage thereof is determined by the present Agreement.
Virtual Account is an account in the SafePayCard data base, containing information about an amount of payment and balance of the SafePay’s Client as of the current time, payment history, and other information with regard to the Client’s actions.
Merchant is a legal entity, selling goods (services) via Internet or by traditional methods and accepting payments for the sold goods (services) via the SafePayCard system.
Money laundering means procedures and methods, enabling to transfer money, generated by illegal means, into other assets in order to conceal true origin thereof, real owners or other aspects, which might testify about violation of the legislation.
Illegal trade is a trade and distribution of goods and services, which are illegal, harmful, injure morality, infringe copyrights, propagandize hatred and/or racial, ethnic, sexual or social discrimination of people.
Multilevel Marketing (MLM) is a marketing conception, one of the methods of product promotion from a manufacturer to a consumer, whereas independent sales agents (distributors) establish direct contacts with potential buyers, for example, in places of residence or work of the latter. A sales agent receives profit from selling goods directly to a buyer, as well as in a form of definite interests from an amount of sales of his /her subordinate sales agents of the whole network or a part of the network, if such a network has been created by the agent.
Financial pyramid is a situation, occurring as a result of attraction of monetary funds from investors to a certain investment project, when the current financial rate of return of the project appears lower than the rate of attraction of investment, and organizers redistribute and use in their own personal interests the monetary funds, received from the pyramid participants under high interest rates promise. A logical result of such a situation is bankruptcy of the project and losses sustained by latter investors.
SafePay VISA Card is a virtual VISA payment card to make purchases in Internet on sites, which accept VISA payment cards. SafePayCard VISA Card has its own number and expiration date. This card cannot be used in a real shop, because it does not contain such characteristics of Visa card, such as a magnetic stripe, a trade mark of the payment system and a signature stripe.
2.2. In the foregoing User’s Agreement the definitions and terms, unspecified in this section of the Agreement, might be used. Then such a term shall be interpreted in accordance with the text of the "User’s Agreement". In a case of lack of univocal interpretation of a term used in the text of the "User’s Agreement", one should follow interpretation of the term: primarily – as defined on the SafePayCard web-page, secondly – as existing in Internet.
3. Short Profile of Services.
3.1. SafePayCard renders electronic money service, enabling the Client to send and to receive payments ("Service"). Facilities, contained on the Client’s virtual account, represent electronic money. Operations with the Client’s account can be implemented at any time and only in accordance with the Client’s instructions, given through the SafePayCard user interface. The Company guarantees the 100 % cover of all issued electronic money on the banking accounts.
3.2. SafePayCard activity is regulated by the Central Bank of the Republic of Latvia amd legislation of the Republic of Latvia, under effective legal procedures and provisions regarding financial institutions.
3.3. All rates and fees are indicated in the "Fee Schedule" section, published on the SafePayCard web-page, and are accessible for the Client at any time. The rates might be changed in accordance with the procedure, stated in Paragraph 1.1., at the will of SafePayCard at any time.
3.4. Facilities, contained on the Client’s account, are not limited by the expiration date.
3.5. The Client is advised and acknowledges that: (а) SafePayCard is not a bank; (b) the accounts are not insured by any state institution; (c) SafePayCard does not act as a guardian, a trustee or an escrow holder regarding funds on the Client’s account; (d) SafePay does not charge interest on the Client’s account balance.
4. Opening an Account.
4.1. The Client can open an account, after filling in the application form. In order to become the SafePayCard Client, the Client should be a user of an active e-mail address and should provide exact, true and full additional information at the request of the SafePayCard administration. The Client shall not provide names and numbers of credit cards which do not belong to him /her on legal grounds. The Client bears full responsibility for the provided information, its accuracy and correspondence with reality. SafePayCard reserves the right at any time to request additional information related to the Client’s account. Delay or refusal to provide such information may cause restrictions on disposition of the SafePayCard services or may lead to suspension of the account disposition and blocking of funds thereupon.
4.2. Every person is entitled to open only one account. SafePayCard is eligible to close an account of any Client who has opened several accounts in his/her name.
4.3. By opening an account, the Client shall be permitted to pay for services according to the current rates, to put money on his account, to send and to receive monetary funds to and from marchants or other clients, as well as to withdraw money from his /her account.
5. Verification Procedures of the SafePayCard Client’s Account
5.1. SafePayCard uses several alternatives of identification procedures in order to make sure that a person who intends to replenish account with the SafePay by any obtainable replenishment methods is an actual holder of the account. The first option is the "Verified by Visa" authenticity verification procedure of the VISA Company, the second option is the "SecureCode" identifying procedure of the MasterCard Company, as well as the SafePayCard proprietary identifying system. More detailed information about the "Verified by Visa" procedure is available on www.verifiedbyvisa.com.; information about the "SecureCode" procedure is available on www.mastercard.com.
5.2. After entering information about your bank card, SafePayCard will withdraw from your card account a random amount at the rate from 50 cents to 5 US dollars. Then you have to contact your bank - issuer of your card, by calling a phone number, indicated on the reverse side of the card, or to check the state of your card account online, to find out an exact amount of the funds, debited from your card account (Note: when contacting the bank by telephone, please, find out from the bank representative an exact amount of the debited funds in the US Dollars or Euro – depending on the currency chosen by you).
5.3. SafePayCard requires this in order to check that your credit or debit card is not used on our web-page by a third party for the fraudulent purposes, and you are an actual holder of this bank card. Such identification process protects you, since only authorized holders of bank cards may be permitted to receive information about the funds debited from their credit or debit card.
5.4. Further process of identification of a potential client by the SafePayCard Company is a very simple one. On receipt the information about the funds debited from your card account (in the US Dollars or Euro), please, return to the SafePay web-page and authorize yourself by entering your e-mail address and password, used by you before in the process of opening the account (should you forget thereof, use the procedure for recovery of the used e-mail address and password on the SafePayCard web-page). Then, enter the amount of the debited funds according to information you have obtained from your financial institution. By entering the correct amount, you will successfully complete the verification procedure and will be able to continue replenishing your account with monetary funds.
5.5. If you intend to use VISA or MasterCard credit or debit card to purchase or replenish your SafePay account with monetary funds, you will, probably, have to pass the verification procedure using "Verified by Visa" or "SecureCode" procedure along with the SafePay verification procedure.
5.6. Besides, the SafePay reserves the right in particular cases to request from you additional information for verification (for example, a copy of your identity card/ passport, utility bill, your bank card/ account statement etc.).
6. Login.
6.1. The Client bears personal responsibility for his /her user name (e-mail address) and password security. The password should not be disclosed or passed to a third party.
6.2. Any person or entity, who identifies itself/ himself/ herself on the SafePay web-page by entering of correct e-mail address and password, is a legal account holder (the Client) for SafePay, as well as all made transactions and operations, for which the e-mail address and password were entered correctly, will be considered and admitted as valid and lawful.
7. Acquisition of electronic money.
7.1. To acquire (purchase) electronic money, the Client may choose one of the payment alternatives, available for him /her/ it depending on the level of the Client’s verification carried out by the SafePay. The Client shall submit the required information, including his /her/its identification data. The Client authorizes the SafePayCard to receive monetary funds on his behalf/her/its from a definite Client’s payment source, with payment of commission fees, and then to put electronic money to the Client’s virtual account with the SafePay.
7.2. Bank remittance, received by the SafePay:
(a) from an account, unspecified in the Client’s data;
(b) should the Client fail to indicate an e-mail address in the payment order - shall not be credited to the Client’s account with the SafePayCard system and shall be sent back to the sender, if the SafePay has enough necessary data about the payment sender. Besides, the Client shall be imposed a penalty at the rate of Euro 50 (or 70 US Dollars), which shall be deducted from the received amount.
8. Sending of Payments.
8.1. Any Client, which authorizes the SafePayCard to send payments, shall have an active e-mail address. The Client, for making payment, can give instructions to the SafePay, by entering the sender’s e-mail address and an amount of the desired money transfer in the "Send Money" section on the SafePay web-page.
8.2. When the Client sends a payment, the SafePayCard checks funds on the Client’s account, and, after adding the remittance commission to the required amount, debits thereof from the account. In a case if the Client’s payment order is not covered in full by monetary funds on his account, the SafePayCard shall not carry it out. The SafePayCard reserves the right, at its discretion, to limit the choice of payees.
8.3. The SafePayCard is obliged to transfer funds to the payee’s account immediately. If a payee does not have an account with the SafePay, then the SafePay shall send a letter to his /her/its e-mail address with a request to open an account with the SafePayCard in order to receive money transferred by the Client.
8.4. Until a payee receives payment, the Client shall stay the owner of the transferable money, but the Client may not withdraw the transferable money from his /her/its account or transfer thereof to another payee until the initial payment is cancelled. If during 14 days from the date of making payment to the account of an unregistered payee, he /she/it will not open and activate an account with the SafePay, the payment shall be cancelled and money shall be sent back to the payer’s account.
8.5. SafePayCard may, at its discretion, set shorter or longer payment transfer periods for some accounts with the system, depending on the level of check of a particular Client on the part of the SafePay.
8.6. It is strictly prohibited to send payment to purchase guns, goods or services, containing elements of pornography or violence, illegal multilevel marketing and pyramid sales service, as well as illegal downloads from Internet, and any other goods and services, violating rights of third parties’ intellectual property, as well as other goods and services, acquisition of which is considered to be illegal in the country of Client’s residence.
9. SafePayCard VISA Card.
9.1. The Company offers to the Client to obtain and to use hereinafter the services of VISA virtual card (SafePayCard VISA Card).
9.2. The user of this card shall acknowledge and agree that the SafePayCard VISA card is given to the Client with the only aim - to allow the card user to make legal payments to the VISA merchants. The money, used for making such payments, in no circumstances shall be considered to be as the Company’s credit to the Client.
9.3. The Client at any time may request the SafePayCard VISA card and/or to transfer money to the SafePayCard VISA card, in accordance with the admissible limits, established by the Company. The Company is obliged to provide necessary explanations regarding the rates and prices before the Client receives the SafePayCard VISA card and/or transfers money to the SafePayCard VISA card. After the Company receives the Client’s consent regarding the rates and prices, it shall provide him/her/it with the SafePayCard VISA card and shall transfer the indicated amount to the card. An amount of transfer, including the commission, shall be withdrawn from the Client’s account with the SafePayCard system and/or from another source of account replenishment indicated in the Client’s data. By requesting the SafePayCard VISA card, the Client confirms that he/she/it authorizes the Company to transfer money and agrees with all provided rules and conditions, stated hereunder.
9.4. The Client is entitled at any time to refuse from using the SafePayCard VISA card, to which the Client had access before. As soon as the SafePayCard VISA card is closed, the Company shall return the money balance from the card to the Client’s account with the SafePayCard system. The refund process will be implemented with some delay, necessary to carry out final calculations of pending or uncompleted transactions.
9.5. Each SafePayCard VISA card has its expiration date. The Client is prohibited to implement payment transactions or to use the card otherwise after the expiration date.
9.6. The commission, the amount of which is indicated in the "Fee Schedule" section, may be charged from the transactions, implemented via the SafePayCard VISA card.
10. Receiving of Payments.
10.1. After receiving a payment, SafePayCard shall place the received amount on the Client’s virtual account, opened with the SafePay system, and shall keep the amount until the Client provides SafePay with appropriate instructions regarding further use of his/her/its funds.
10.2. If a person, not registered with the SafePayCard system, receives a notice of money tansfer sent to him/her/it via the SafePayCard system, the Company shall not transfer money or respond to payee’s demands until the payee registers with the SafePayCard system and confirms his/her/its consent to receive the transferred money.
10.3. The Client, by receiving payment via the SafePayCard system, cannot be completely protected from possible cancellation of a transaction. Reasons, which cause the cancellation of a transaction, might be as follow: blocking of the payer’s card, the payer used a stolen credit card or a bank account without having any relevant powers etc.
10.4. It is strictly prohibited to receive payments for supply of guns, goods or services, containing elements of pornography or violence, illegal multilevel marketing and pyramid sales service, as well as illegal downloads from Internet, and any other goods and services, violating rights of third parties’ intellectual property.
11. Redemption of Electronic Money Liabilities.
11.1. The Client may sell his/her/its electronic money liabilities to the SafePayCard system at any time by registering with his/her/its account, following the instructions in the "Send Money" section.
11.2. SafePayCard begins to fulfill the Client’s payment instructions immediately after conduction of checks deemed necessary to prevent laundering of money or fraud on the part of the Client and check if the electronic money holder is a person eligible to withdraw money.
11.3. Should the Client choose payment via bank transfer, the Company shall carry out withdrawal of funds via electronic transaction to the bank account or an account with another financial institution as indicated by the Client. Then the Company shall reimburse its own expenses from the Client’s account. The SafePayCard shall effect said transaction in Euro or the US Dollars.
11.4. The SafePayCard shall exert every effort to guarantee replenishment of the Client’s account within the established time frames. Failure to replenish the Client’s account in due time shall not be considered as infringement of the present paragraph, should thereof be caused through actions of third parties, beyond control of the Company, who were involved in the present money withdrawal transaction.
11.5. Rates for redemption of electronic money liabilities are specified in the "Fee Schedule" section, published on the Company’s web-site. The rates might be changed at the discretion of the SafePay. The Company reserves the right to impose a penalty at the rate up to 50 Euro (or 70 US Dollars), should the Client indicate wrong payment details, the Company shall not defray its expenses or due to reason other than those caused by the SafePayCard (for example: payment was returned by payee’s bank).
12. Payment
12.1. The Client is obliged to pay for the SafePayCard services in accordance with the Company’s rates. Current rates are available on the SafePayCard web-page. Should the Client have any questions regarding payment methods, he/she/it should contact the Company’s Clients Service Center. New rates are implemented immediately and may be changed at any time at the discretion of the SafePay, according to the procedure, described in the Paragraph 1.1. of the present Agreement.
13. Termination of the Agreement
13.1. The Client may close his/her/its account at any time, by serving an appropriate notice on the Company’s Clients Service Center. The Company, at its discretion, reserves the right to close an account of any Client at any time and on any ground (or without any) in 1 (one) week after notifying the Client and to pay the rest of unblocked monetary funds to the Client from the account. The SafePayCard shall be eligible to close the Client’s account immediately (having informed the Client accordingly), should there be any real cause for that. The following circumstances shall be implied as real causes, but not limited to the list stated below:
Violation of any acting legal regulations and provisions,
Violation of any condition of the foregoing Agreement,
Should there be reasons to presume that while using an account there was a connection with a non-authorized or unusual credit/debit card or a bank account, including but not limited to, notification about this fact by the Client’s bank or the issuer of the credit/debit card,
In a case of abuse occurred as a result of cancellation or withdrawal of a payment by the Client’s bank or a company, which issued the credit/debit card,
Should monetary funds be potentially received by false pretences,
In order to participate in money laundering fight and other investigations carried out by the government bodies, agencies or commissions.
14. Liabilities of the Parties.
14.1. The Client is obliged not to use the SafePayCard service for purchase and sale of goods and services, listed in the Paragraphs 6.6. and 8.4. of the present Agreement, as well as for any illegal purpose or criminal activity in any form (for example, fraud, money laundering, child pornography) and is obliged not to infringe other paragraphs of the present Agreement. Otherwise, the SafePayCard shall inform relevant law enforcement agencies about any suspicious activity of the Client. The SafePayCard reserves the right, at its discretion, to apply protective measures up to suspension of work with an account, blocking of an account or refusal to make transactions, if there are reasonable causes to suspect that the account is used or might be used in view of any aforementioned actions or upon the request of state bodies. The SafePayCard may, at its own discretion, impose penalties upon the Client in a case of misuse of the SafePayCard services and/or in s case of breach of the present Agreement.
14.2. The Client is obliged not to use the SafePayCard service for any type of business on exchange or transfer of money, including exchange offices, exchange of electronic currency etc. The SafePayCard reserves the right, at its own discretion, to apply protective measures up to suspension of work with an account, blocking of an account or refusal to make transactions, if there are reasonable causes to suspect that the account is used or might be used for said purposes. The SafePayCard may, at its own discretion, impose a penalty up to 50 Euro (or 70 US Dollars) for payment, in a case of necessity to suspend and/or to cancel such kinds of transactions.
14.3. The SafePayCard presumes that the Client, before opening an account with the SafePayCard system, clarified that the opening and using of such account shall not break any laws or regulations in his/her/its own country and jurisdiction. The Client shall guarantee that by receiving the SafePayCard service, he/she/it does not break any law or regulation, and the Client exempts the Company from any liability, which can appear during his servicing.
14.4. The SafePayCard shall exert all the necessary efforts to guarantee timely processing of all debit and credit transactions. However, there are many factors beyond control of the SafePay: duration of payments’ processing with the banking system or mail service and other circumstances that effect the period of receiving monetary funds. The Company does not provide any information regarding a period of time, required for final processing of a transaction. The Company shall not be held responsible for any current or further losses, incurred as a result of someone’s delay. Besides, the SafePayCard does not give any guarantees regarding continuous or safe access to the SafePayCard service, which might subject to affect of external factors beyond control of the SafePay, as well as by internal ones: regular tests, repair and upgrading of the SafePayCard system.
14.5. The SafePayCard shall not consider claims, caused by someone’s negligence, deliberate default on obligations or fraud. In particular, the Company by no means and in no circumstances shall be responsible for any damage or losses, including direct, indirect, sequential, special, unforeseen or punitive losses, incurred by the Client as a result of the following actions, including but not limited to the list stated below:
the information about payee and/or amount and/or payment currency was incorrectly indicated by the payer in the payment details;
the payment was made by a third party, identified as a Client and passed through the entire verification procedure;
any fraud, deceit or falsification on the part of the Client that somehow passed through the verification procedure;
any losses, sustained in the result of payee’s decision not to accept the payment made via the SafePayCard system;
any mistakes or omissions in the web-site contents;
misuse of the SafePayCard web-site;
delays, losses, mistakes or omissions due to problems in the service of telecommunications or any other data transmission system, as well as due to failures in the operation of the central computer system or any part thereof;
problems due to any actions of the government or other authorities, as well as natural disasters and other Force Majeure circumstances.
14.6. The SafePayCard service is limited to providing the Client with facilities to make payments, but does not guarantee quality, security or legality of the payment transactions made by the Client. The Company does not bear any responsibility for any goods or services, paid by the Client via the SafePayCard system, and shall not be responsible for any penalties, taxes and other liabilities, appeared as a result of acquisition or sale of said goods or services.
14.7. The Client indemnifies the Company from any third parties’ claims, appeared as a result of the SafePay service used by the Client. The Client shall reimburse all losses, damages, expenses and/or debts, incurred to the SafePay, due to non-compliance or breach of conditions hereunder by the Client.
14.8. In a case if a bank transfer, a payment by a credit card or any other payment were first received by the SafePayCard or a trader of the SafePayCard services from the Client, and then returned to the initiator due to any reason - upon the request of the Client, bank or other organization - the Client shall be imposed an administrative penalty at the rate up to 50 Euro (or 70 US Dollars) for the transaction.
15. Settlement of Disputes.
15.1. To settle disputes, submission of an applications or communication about problems of use of an account, the Client shall contact the SafePayCard Service Center.
15.2. The present Agreement meets all regulations and provisions under the legislation of the Republic of Latvia. Any arising claims or demands, concerning the present Agreement or conditions of rendering the SafePayCard services, which can not be settled through addressing the Service Center, shall be settled juridically in accordance with legislation of the Republic of Latvia, save for cases when the EC legislation requires examination of certain disputes by the judicial authorities of other countries.
15.3. The Client and the SafePayCard are obliged to safeguard confidential information, documents and materials, relating disputes and settlement between thereof, and not to use thereof for other concealed purposes, contradicting the interests of the Parties, as well as to safeguard information, regarding trials, including amounts of compensations and penalties, unless prescribed by the court or legislation.
15.4. Should the Client contend a transaction with another Party, the SafePayCard shall accede to such discussion under no circumstances, save for cases, when it is necessary to confirm that the payment was made in accordance with the Client’s instruction given to the SafePay.
16. Additional Conditions of the Agreement.
16.1. The SafePayCard and the Client shall comply with conditions of all contracts and agreements, as well as obtained licenses, concerning the use of services provided by the SafePay.
16.2. The Client is exclusively responsible for the contents of the instructions, given to the SafePay. That is why the SafePayCard does not check the Client’s payment instructions.
16.3. The Client should know that all effected payments are final and irreversible, as soon as a payee receives the payment sent by the SafePayCard in accordance with the Client’s instructions. The SafePayCard can not take any measures to return the monetary funds back to the Client, should the Client presume that the payment was made by mistake.
16.4. The SafePayCard serves notes on the Client to his/her/its e-mail address or postal address provided beforehand. The Client can also send a message to the Company’s Service Center. A message, sent by either Party via e-mail under the present "User’s Agreement", shall be considered served on the day of sending, if either Party fails to receive an electronic message that the letter was not delivered. A period for consideration of a message and sending an appropriate reply is 5 (five) working days from the moment of sending the message.
16.5. The Client agrees that the procedure, stated in the Paragraph 1.1. of the present "User’s Agreement", might be changed or completely cancelled due to the amendments to the effective legislation, at the same time without prejudice to validity and legal effect of other provisions and conditions of the Agreement. The present "User’s Agreement", entered into by and between the Client and the Company, is a fundamental document and cancels all the agreements and contracts signed by the Parties before. In a case of incongruity between the content and the versions of the Agreement, then the network version, placed on the web-site www.SafePayCard.com, shall have a greater legal force.
16.6. Impossibility to perform some of the conditions hereunder by the SafePayCard shall not be considered as the refusal of the Company to fulfill its obligations.
16.7. The Client shall not be eligible to assign its rights and/or obligations, indicated hereunder, without preliminary written consent of the SafePayCard. The SafePayCard reserves the right to assign the present Agreement and all rights and/or obligations under the Agreement, without preliminary consent of the Client.
16.8. All software, web-site design, text, graphics, arrangement and systematization thereof, as well as all intellectual property rights shall remain the property of the SafePayCard. Any use of web-site materials, reproduction thereof, modification, sale or publication without special preliminary written consent of the Company is strictly prohibited.
