Terms And Conditions |Moneypay

This Agreement ("Agreement" or “Terms” or “Terms and Conditions”) describes the terms and conditions governing the use of your Account, e-Wallet and Cards at Smartsuperpay. The Virtual Credit Card and the Physical Credit Card (both referred to as “Card”) are issued by the Regulated Provider and the electronic money on the Account accessed by the Card is issued by the Regulated Provider. By purchasing, accepting or using a Card, you agree to be bound by the Terms and Conditions contained in this Agreement as it may be amended from time to time. You further agree that you are bound by this Agreement if you use any Card. Please read this Agreement carefully and keep it for future reference. The current version of these Terms and Conditions can be found on Smartsuperpay's website http://www.Smartsuperpay.com. You do not need to log on your Account to view these Terms and Conditions.

Definitions

As used in this Agreement, the following terms have the following meanings. The singular shall include the plural, and the plural the singular. All captions are intended solely for convenience of reference and shall in no way limit any of the provisions of these Terms as follows.

"Account" It means the physical money and/or digital account associated with your e-Wallet(s) account and Card(s) that is created at the time you signed up to be a Smartsuperpay's Account Holder.
"Account Holder" It means the individual that has an Account with Smartsuperpay.
"Account-to-Account Service" or "A2A" It means the Smartsuperpay Service that enables an Account Holder to make secure on-line payments and/or to transfer funds in their Account to another Smartsuperpay Account Holder electronically.
"CDM" It means a Cash Deposited Machine from which cash can be transfer when you use your Card at Smartsuperpay.
“Business Day(s)” It means any weekday other than bank holidays in India.
“Card” and “Cards” It mean the Virtual Credit Card and/or the Physical Credit Card issued by the Regulated Provider, which access your Account – please note that's all Cards are issued to you but will be held and used by your registered users.
"Credit Card" Credit cards are issued by banks and financial institutions allowing the user to make purchases and pay for various services by borrowing money from them. Apart from providing the much-needed alternative to cash, credit cards also offer you benefits in the form of rewards, cash backs, interest-free period and much more. The demand for credit cards in the Indian market is growing rapidly and hence leading banks have launched plenty of card options for the customers to choose from.
"Credit Card Services" It means a transaction made on Smartsuperpay from your Card, provided to you by banks in India.
“Service Charge” It means an amount representing the value of a Transaction which the card holder has to paid at Smartsuperpay or in respect of which the card issuer seeks reimbursement in accordance with the Mastercard, Visa and Repay Rules;
“Other Card payment Fee” It means the Fee which is charged to an Account holder when funds are moved from one Credit Card to another within their e-Wallets.
"Data Controller" It has the meaning given to it under the Smartsuperpay Privacy & Policy
"Data Processor" has the meaning given to it under the Data Protection Law;
"Data Protection Law" means (as amended, superseded or replaced from time to time and to the extent applicable to a Party, its business or services or obligations under this Platform Services Agreement or the subject matter in question):
(i) the Data Protection Act 1998; (ii) any legislation or regulations which implement Directive 95/46/EC; (iii) Privacy and Electronic Communications (EC Directive) Regulations 2003; (iv) the GDPR; and (v) all legally binding guidance and codes of practice issued by any regulator with jurisdiction over the data processing arrangements contemplated in this Platform Services Agreement;
“EMV and EMV CHIP” It means MasterCard, and Visa, and is the global standard for inter-operation of integrated circuit cards and capable point of sale terminals and automated teller machines, for authenticating credit and debit card transactions.
"e-Wallet" and “e-Wallet Account” It means the electronic purse holding e-money issued by the Regulated Provider for each Account Holder and may be denominated in INR currency at our sole discretion.
“Fees” It means those charges that may be applied to your Account to pay Smartsuperpay for a transaction and/or an activity on your Account, e-Wallet or Card. These Fees can be found in Section VIII - “Fees and Limits” of this Agreement, or which have been otherwise disclosed to you at the time you obtained your Card, or has been disclosed to you, with two (2) months’ notice, as having been modified by Smartsuperpay.
“Load Method” and “Add Methods” It means all of the methods that we offer to enable you to load/add money from your funds sources outside of Smartsuperpay. These may include, but are not limited to, loads of funds by Credit Card/Debit Card purchases and transfers from your bank accounts.
“Mastercard" It means Mastercard® International Incorporated and any of its regional organisations.
“Visa Card" A Visa card is any type of payment card utilizing the Visa network and branded by Visa Inc.
“Personal Data” It has the meaning given to it under Smartsuperpay Privacy & Policy
“Personal Information” It means, but is not limited to, the following in relation to individuals registered with us as using the Products and Services: (1) their name and address; (2) their current government issued identification document with their picture; and (3) proof of their address; (4) all information we collect from their use of the Account, together with any other additional personal information we may require from them from time to time.
“PIN” It means Personal Identification Number, the four(4) / six(6) digit code provided to you for use when you use a Card at Smartsuperpay.
“Privacy & Policy” It means the privacy policy & supplied to the you prior to or at the time of entering into this Agreement and as amended from time to time and set out on Smartsuperpay’s website at www.Smartsuperpay.in.
“Products” It means all Smartsuperpay tangible or intangible goods that are sold to our customers.
"Products and Services" It means the Products and Services including, for the avoidance of doubt, the Account and Card Services offered to Account Holders
“Regulated Provider” It means the appropriately regulated company or companies selected by Smartsuperpay to provide payment services and/or issue electronic money (which services/issuance, notwithstanding anything herein, shall be subject to the law of the jurisdiction of such company) on behalf of the company who are also principal members of Visa / Mastercard / Repay for issuing payment instruments and/or acquiring payment transactions.
“Security Code” It means the three (3) digit code that is provided to you in your Message Centre when you obtain a Virtual Card, or is printed on the reverse of the Physical Card.
"Service" and/or "Services" It means all Smartsuperpay functionality services provided to you, including credit card but not limited to the Account-to-Account Service.
"User ID" It means the letters and characters chosen by an Account Holder, or assigned by us, to identify an Account.
"Virtual Card" It means a virtual prepaid Card, which is issued with no physical plastic card attached, for use at certain online and/or telephone/mail order merchants.
“Withdrawal Method” It means any of the methods offered by Smartsuperpay, at our sole discretion, that allows Account Holders to move funds from their Account to an external account.
"you", "your" and "yours" That means the business, or as appropriate any registered user permitted by you, using the Products and Services.
"we" and "our" and “us” It means Smartsuperpay and/or our affiliates and assigns as appropriate.

Eligible Users

The Services described in this Agreement are only available to individuals who have been approved in advance by us. We may, in our sole discretion, at any time, refuse to allow you to credit card transaction, fund or use any of these Services.

Products and Services

A. Accounts

Your Account with us is set up by you completing an application process with us. Your Account consists of one and only one e-Wallet and any other Smartsuperpay Product(s) and Services purchased by or provided to you. You may access your Account using a unique User ID and password that you were asked to set up at the time you applied for or were provided your Account

B. E-Wallet

When you sign up for an Account, we will provide one e-Wallets to you. To use your e-Wallet, you must sign on to your Account by entering your User ID and password where You can :-

(i) add/load funds onto your e-Wallet by loading methods provided by us;
(ii) make Account-to-Account Transactions using your e-Wallet;
(iii) move funds to another e-Wallet that is linked to your Account;
(iv) use funds from your e-Wallet to purchase other Products and Services provided by us. Additionally, you may withdraw funds from your e-Wallet to withdrawal mechanisms provided by us including, but not limited to, bank funds transfer mechanisms such as IMPS, NEFT and RTGS transactions within India. These Services will be subject to all applicable Fees, as are posted on our website or as have been agreed by you when you received your Account, or as have been modified by us and agreed by you

Your e-Wallet is designed to: - (i) enhance security and maximize the protection of your funds; and (ii) facilitate the use of your funds within our environment. By keeping funds in your e-Wallet until you are ready to spend the funds, you can ensure that funds in your Account are safe in the event that your Card is lost or stolen. Movement of funds between your e-Wallets and any other Smartsuperpay Services that is linked to your Account is done in real time.

C. Your Account

You must have a verified Account before you can access our services at Smartsuperpay.

D. Credit Cards

If you have a valid credit card and account number, you can request us using the Personal Information and Account history that we have on file in your Account to determine if you are eligible to use credit card.

Credit Card Services

You may have requested Physical Card(s) at the time you obtained your Account, or at any time thereafter. Physical Card(s) hold their own e-money balance. Funds that are in any of your e-Wallets or are on your Virtual Card(s) are not available when you use your Physical Card(s) until you have transferred the funds from one or more of your e-Wallets to the relevant Physical Card. Funds that are on your Virtual Card(s) must be first transferred to an e-Wallet and can then be transferred to your Physical Card(s). Your Physical Card will display your business name, the cardholder name, a card number, a Security Code, and the expiration date of such Physical Card. Once you receive a Physical Card, you will be required to log onto Smartsuperpay’s website at www.Smartsuperpay.com to authenticate yourself, activate that Physical Card and use our services.

DO NOT KEEP A WRITTEN RECORD OF YOUR PIN.

Your Physical Card can be used at any merchant worldwide that accepts the relevant Card Organisation. Should we, in our absolute and unfettered discretion, choose to block usage of your Card at any merchant or merchant group, we will notify you two (2) months in advance, unless we suspect fraud or notice any suspicious activities or are ordered to do so sooner by Mastercard or a relevant governmental agency, at which time you may suspend or cancel your Card according to the conditions of Section VIII – “Cancelling your Card”. You can use your Physical Card by:

(1) Contactless;
(2) inserting your Physical Card into a Point-of-Sale (“POS”) terminal and entering your PIN into the POS terminal;
(3) inserting your Physical Card into a POS terminal and signing the transaction receipt;
(4) swiping the magnetic stripe on your Physical Card through the card swipe mechanism on a POS terminal, and either entering your PIN on a PIN pad, or signing a transaction receipt.

Your Physical Card can also be used to withdraw available funds at any ATM which accepts the relevant Card Organisation cards by inserting your Physical Card into the ATM and entering your PIN

We neither accept nor assume any liability to ensure that goods or services that you purchase using your Card are as advertised for sale or will meet your satisfaction.
Your Cards are not credit cards. No interest will be paid on the funds you transfer onto or maintain on your cards and such funds are not insured by us or any government agency.
Your Card is an Electronic Money (“e-Money”) product and as such the IMPS, NEFT and RTGS Deposit/Withdraw Guarantee Scheme does not apply to your Cards. This means that in the unlikely event that the Regulated Provider became insolvent, your Cards may become unusable and any funds associated with your Cards may be lost. Your first use of a Card and by entering into this Agreement you are indicating that you understand and accept these risks.
As a responsible e-money issuer our Regulated Provider takes the security of your money very seriously. Your funds are held in a secure, segregated bank account at a major European Bank, specifically for the purpose of redeeming transactions made via your Cards. In the unlikely event of any insolvency or other loss of your funds, funds that have reached the segregated Client account will be protected against claims by the bank and by any other creditors of our Regulated Provider.

Protecting Your Cards and Your Personal Information

Your Card information is important information which you agree to keep confidential in order to prevent others from using your Cards without your authorisation. Specifically, under this Agreement and for your protection, you agree :-

1. not to use a Card as a means of identifying yourself or your business to any other person
2. not to discuss any Card number(s) or Security Code(s) or PIN(s), or otherwise make these available to any other person, unless you intend to make a purchase from that person’s business;
3. to use your Cards only in a manner authorised under the Terms of this Agreement;
4. to promptly notify Smartsuperpay of any loss, compromise or theft of any Card number(s), expiration date(s) and/or PIN(s);
5. that any unauthorised person who obtains access to any Card information may use the funds on such Card up to the full balance on your Card, and in such event. You will not be held liable for any losses once you have notified us of unauthorised use or transactions unless we reasonably determine that you acted fraudulently or with gross negligence (in which cases you shall be liable for all losses). We will block all and any such compromised Cards to protect your funds once you have advised us of any unauthorised use or transactions.

You will never be asked by Smartsuperpay, whether by via email, regular mail or telephone, for any reason, to disclose a card’s PIN. We will never send you an email requesting that you access Smartsuperpay’s website by clicking on an embedded link in the email and then require you to provide your card information or PIN. If you receive such an embedded link, you are cautioned not to open it! It is not from Smartsuperpay and is likely fraudulent.

You can check the Personal Information that Smartsuperpay has on you for your use of the Products and Services by accessing your Account on Smartsuperpay’s website. Please ensure that all such Personal Information is up to date, as Smartsuperpay uses this information in order to contact you. When you update your Personal Information Smartsuperpay will validate the changed Personal Information to ensure you are still eligible to have a Card. If such new Personal Information prohibits you from having a Card Smartsuperpay is required by law to immediately cancel such Card with no previous notice to you.

Using Your Card

Each time a Card is used to make a purchase at Smartsuperpay, the amount of the transaction will be immediately deducted from your available balance as applicable. we will also deduct from your available balance all applicable Fees as specified below in Section IX. - “Fees and Limits”. You are not allowed to exceed the balance on any Card by any individual transaction or series of transactions with the transaction’s relevant Fees as are provided in Section IX – in the event that you do then any deficit shall be treated as a debt due to us and be payable forthwith without demand - “Fees and Limits” and have been posted on Smartsuperpay’s website and have been disclosed to and accepted by you.
Please note you shall not be allowed to convert crypto currencies in your e-Wallet for use on your Card. Any such conversions will be segregated in your e-Wallet and can only be transferred or withdrawn through the e-Wallet not the Card.

Account validity

Your Smartsuperpay's account validity is lifetime. We will notify you about the Smartsuperpay's account once in a year for user activity. You will be required to activate your Smartsuperpay's account according to the instructions provided by Smartsuperpay via an email to your Account Message Centre prior to the end of year from creation of account date.

Cancelling Your Account

Should you wish to cancel your Smartsuperpay account you may do so on written notice to Smartsuperpay. Upon receipt of this notice, you may withdraw any remaining funds Smartsuperpay such as :-

using our services at any time to withdraw it
using fund transfer services to transfer fund from wallet to any other wallet.
transferring any of the remaining funds on such wallet to your Account and request a redemption of your funds from your Account.
If you choose to have the funds that were on your cancelled wallet and have been transferred to your Account and desire these funds to be redeemed to you, Smartsuperpay will do so at no charge to you.
Subject to relevant regulations in force at the time, we reserve the right to block access to or to cancel your account if:
(1) you load funds onto your Account and then move these funds to a wallet from any source that you do not have the legal right from which to transfer funds;
(2) you violate the Terms of this Agreement;
(3) we are so directed by the order of a court of competent jurisdiction. If ordered by a court of competent jurisdiction or other legal or regulatory agency, Smartsuperpay may be required to withhold repayment of your funds to you.

Fees and Limits

You have used your wallet on Smartsuperpay’s website and the following Fees and Limits apply to your Card(s). Smartsuperpay may, in Smartsuperpay’s sole discretion, modify these Fees.

You hereby authorise Smartsuperpay to deduct the relevant Fees from your Account balance or your Card(s) balance without prior notice. All of the Fees shown below are applied in INR.

Where relevant, should you incur any Fee or reach any of the limits due to transactions in a currency other than INR, the Fee and/or Limit will be applied in the equivalent amount of the non-INR currency used.

Fees

Regular Credit Card
1. It is 4.5% if transaction amount from INR 2,000 to 50,000.
2. It is 4.0% if transaction amount from INR 50,001 to 2,00,000.
3. It is 3.5% if transaction amount from INR 2,00,001 to 5,00,000.Business Credit Card
1. It is 5.0% if transaction amount from INR 2,000 to 50,000.
2. It is 4.5% if transaction amount from INR 50,001 to 2,00,000.
3. It is 4.0% if transaction amount from INR 2,00,001 to 5,00,000.Amex & Diner's Club Credit Card
1. It is 6.5% if transaction amount from INR 2,000 to 50,000.
2. It is 6.0% if transaction amount from INR 50,001 to 1,00,000.
3. It is 5.5% if transaction amount from INR 1,00,001 to 2,00,000.
4. It is 5.0% if transaction amount from INR 2,00,001 to 5,00,000.For Debit Card it is flat 2.0% on transaction amount
For Net Banking it is flat 1.0% on transaction amount

Limits

The following limits apply:

Maximum movement of funds from your e-Wallet to your bank accout per transaction: 5,00,000 INR
Maximum movement of funds from your card to e-Wallet per day: 5,00,000 INR
Maximum balance on Smartsuperpay’s wallet: 5,00,000 INR
Maximum balance on a Card in France: 10,000 EUR/GBP/USD
Maximum number of loads fund to a Smartsuperpay’s wallet per day: unlimited
Maximum number of loads to a Smartsuperpay’s wallet per month: unlimited
Maximum POS spend per transaction: 2,00,000 INR
Maximum POS spend per day: 5,00,000 INR
Maximum number of POS transactions per day: 20
Maximum number of POS transactions per week: 50
Maximum number of POS transactions per month: 100.
Maximum number of POS transactions per year: 1200.

Smartsuperpay may, in our sole discretion, modify these Fees. If we modify these Fees, Smartsuperpay will provide you with two (2) months’ notice of the Fee change, should you not accept the Fee change, you may cancel your wallet according to the terms of Section VIII – “Cancelling your Card”. We will deduct these Fees directly from your Account or any Card(s). We reserve the right to change, modify, decrease, eliminate or increase the above Fees from time to time by providing you with two (2) months’ notice, by sending you an email to your external email address directing you to a message in your Account Message Centre detailing the changes.

Any such changes, modifications or increases will be effective at the end of the two (2) month email notification to you, and the posting of such changes, modifications or increases in a revision to this Agreement on our website at www.Smartsuperpay.com. If you do not agree to the posted changes, modifications or increases, you may cancel your Card(s) as provided above in Section VIII – “Cancelling your Card”. In this case, no cancellation or redemption fees will be charged. If there are insufficient funds on your Card(s) to satisfy any Fees at the time any such Fee is assessed, we reserve the right to place a pending charge on your Account and/or your Card and deduct such Fee when sufficient funds have been loaded onto your Account or your Card. Unless otherwise expressly provided herein, no Fees hereunder are refundable at any time or for any reason.

Authorisations

Each time that you use a Card the transaction will be electronically authorised to ensure that sufficient funds are available on such Card.

Pending Authorisations

When you make a purchase at out website or make a transaction at Smartsuperpay, we receive an authorisation from the bank which reduces the amount of funds on such Card that are available for you to spend by the amount of the authorised purchase. This is a pending authorisation and it will remain on your Card, reducing your available funds, until one of the following events occurs: (1) a settlement transaction is received from the bank, the pending authorisation amount, which generally occurs within seven (7) days of the authorisation; or

(2) we are in receipt of an authorisation release from bank or gateway owner which states that the owner will not be processing a settlement transaction for the authorised amount. At this time, the pending authorisation will be removed from such Card. When a settlement transaction has been received from the bank, the final amount of the purchase will be debited from such Card at that time. It is possible that an Authorisation may take place where the exact amount was not disclosed to you, or is significantly different from the amount disclosed to you. This Section X.A and X.B identify and describe two of those possible situations.

If you identify a charge on a Card that is significantly different than that to which was agreed at the time of the transaction, please immediately contact Smartsuperpay’s Customer Service at the contact details provided on Smartsuperpay’s website. We will treat this situation as a dispute and perform our obligations according to the Terms described in Section XIV – “Disputes, Returns, Refunds and Chargebacks”.

Online Account Statement

A. A statement of the balance and activity on and the status of all Cards is available to you in electronic format for viewing online anytime on your Smartsuperpay Account. You may review online at any time all transactions that have taken place for the time periods being offered by Smartsuperpay on all Cards on Smartsuperpay’s website. You may also download your wallet balances and transaction history through the download options that we offer at the time you desire to download your Card activity.

B. You may also call Smartsuperpay’s Account Holder Services Centre on the number shown on Smartsuperpay’s website to obtain information on any of your Cards.

Failure to Complete Transactions

A. We accept no liability for failing to complete any transaction for which you have not loaded sufficient funds in your Account or onto your wallet. If a transaction is denied because of insufficient funds on a Card, you may access Smartsuperpay’s online services by visiting Smartsuperpay’s website at www.Smartsuperpay.in and transfer additional funds onto the relevant Card.

B. Neither Smartsuperpay nor our Regulated Provider will have any liability whatsoever for the failure of any transaction to accept your Card.

International Transactions

A. Transactions on your Card The exchange rate between the transaction currency and your billing currency that is used for processing international transactions is the Mastercard rate applicable at the time the transaction is completed via the Mastercard system plus Smartsuperpay’s mark-up of that rate as is disclosed in these Terms and Conditions, Section IX - “Fees and Limits”.

Disputes, Returns, Refunds and Chargebacks

If at any time you become aware of an unauthorised transaction made using any of your Cards you must notify your bank by calling the Customer Service number on bank's website immediately and without undue delay and, in any event, within thirty (30) days of the date of the transaction. we reserve the right to refuse a refund under this Clause XVI where you fail to notify us within thirteen (13) months of the date of the transaction.

Disputes Of Transaction

If we found that an alleged fraudulent transaction made by you from other cards at Smartsuperpay we will promptly investigate your transaction. Unless we suspect a potential fraud on your part, we will immediately refund the claimed amount to you. However, if Smartsuperpay has evidence of a potential fraud on your part, prior to making a refund to you, we may ask you to provide us further information about the transaction (for instance, to enable us to confirm that the transaction was properly authenticated). we also affirm that you will cooperate with police or other governmental enforcement bodies if requested to do so.

Disputes for Incorrectly Executed Transactions

We will promptly investigate your complaint and will immediately correct any error made by you. We will refund any incorrectly executed transaction immediately unless we have any reason to believe that the incident has been caused by a breach of this Agreement, gross negligence or we have reasonable grounds to suspect fraudulent activity. If the investigations show that any disputed transaction was authorised by you, or you have acted fraudulently or with gross negligence, you may be liable any loss we suffer because of the use of the Card.

Other Disputes

Except for disputes relating to Fraud or Incorrectly Executed Transactions, the following Terms apply.

You agree to attempt to first settle all disputes, other than disputes for alleged fraud or incorrectly executed transactions as are described in Paragraphs A and B of this Section, concerning transactions you make using the funds on any of your Cards with the merchant(s) with whom you made those transactions. If you notify Smartsuperpay that you dispute a transaction and you have not first attempted to settle that dispute, we reserve the right to require you to first attempt to settle the dispute before we will take any action on your behalf.

If you want Smartsuperpay to attempt to resolve the dispute (and providing you have first attempted to resolve the dispute yourself), we will attempt to resolve the dispute with the bank in accordance with the relevant Visa/Mastercard/Rupay regulations in force at the time of your transaction or dispute. You may claim a refund for a transaction that you authorised provided that:

Your authorisation did not specify the exact amount when you consented to the transaction;
The amount of the transaction exceeded the amount that you could reasonably have expected it to be (taking into account your previous spending pattern on the Card, the Terms and Conditions and the circumstances of this case).

Such a refund must be requested from us within two(2) days of the amount being deducted from a Card. We may require you to provide us with evidence to substantiate your claim. We will, at minimum, but not be limited to:

A. Require you to provide Smartsuperpay written documentation of the nature of the desired Chargeback, and verify that you have attempted to resolve the dispute with the merchant;
B. Return the disputed charge to the merchant if allowed by Mastercard regulations,

Place the funds in dispute in a safeguarded status until the dispute is settled through the Mastercard dispute management process.

i. The funds in dispute will not be available for your use until the dispute has been resolved in your favour.
ii. If the dispute is resolved in your favour, the funds will be released to you.
iii. If the dispute is resolved in the merchant’s or ATM owner’s favour the funds will be forwarded to such merchant or ATM owner.C. If you desire Smartsuperpay to attempt to resolve a dispute with an ATM owner from whose ATM you have made a funds withdrawal with any of your Cards, we will, as a minimum, but not be limited to:

Require you to provide Smartsuperpay with written documentation that you did not receive the funds from the ATM. Generally, ATM disputes result from the ATM not delivering funds or delivering a smaller amount than you requested. we may require you to provide additional information about the situation or take additional actions such as:

i. Provide Smartsuperpay with a copy of the ATM receipt(s) you received;
ii. Dispute the ATM transaction, if allowed, by Mastercard regulations.
iii. Place the funds in dispute in a safeguarded status until the dispute is settled through the Card Organisation’s dispute management system.
iv. These funds will not be available to you to spend until the dispute has been resolved in your favour.
v. If the dispute is resolved in your favour, the funds will be released to you.
vi. If the dispute is resolved in the ATM owner’s favour the funds will be forwarded to the ATM owner.D. If you are entitled to a refund for any reason for goods or services obtained with funds in your Account, you agree to accept credits to your Card as the only method of refund. We accept no liability to ensure that goods or services that you purchase will meet your satisfaction.

E. You are responsible for all transactions made on any of your Cards, except as otherwise provided in this Agreement and/or by relevant law. Should any Card reach a zero balance and still have further transations or fees outstanding due to delayed or erroneous posting of any transaction due to processing or operational errors, we reserve the absolute right to make a charge or charges to: (1) any other Cards that you may have with Smartsuperpay; (2) any eWallet that you may have with Smartsuperpay; (3) the loading payment mechanism that you used to fund your Account, and/or to any other Account that you many have with Smartsuperpay in order to clear any such indebitness you have incurred and to ensure the Card does not exceed a zero balance.

Complaints

A copy of our Complaints Procedure is available upon request. Smartsuperpay will try and resolve any complaint as soon as possible. Often however, the complaint will need to be investigated. If this is the case, Smartsuperpay will respond to you within one (1) Business Day after receipt of your complaint/dispute to acknowledge receipt of your complaint/dispute and inform you how long it might be before your complaint is resolved. If your complaint cannot be resolved, you may refer it to the Smartsuperpay's Address.

In any case we will notify you of the final resolution of your complaint within two(2) weeks after the date we receive your complaint.

Questions Relating to Your Account

A. Information about your Account

If you need more information about a transaction shown on your online Card statement, you may contact Smartsuperpay via email at Smartsuperpay.in@gmail.com or call Smartsuperpay’s Account Holder Services Centre.

When you contact Smartsuperpay for more information about a particular transaction shown on your online Account statement, you must provide Smartsuperpay the following information:

Your name and the relevant Card number.
The name of the service as it appears in your online Card statement or on the receipt you received from your transaction.
A description of the error or the transaction you are unsure about and an explanation of why you believe it is an error or why you need more information in order to identify the transaction.
The amount of the transaction in question.
The place, date and time of the transaction.

B. Use of the Smartsuperpay Web Site

The Smartsuperpay web site provides general information relating to your wallet. The website has been translated using a generic translation tool.

Due to the above, you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive.

Privacy, Cookies and use of Your Personal Information

A. The circumstances under which we will disclose information about you and/or your Card(s) are fully described in the Privacy Policy, which you may view anytime on Smartsuperpay’s website at www.Smartsuperpay.in. Smartsuperpay may modify Smartsuperpay’s Privacy Policy at any time in the future. Subject to any applicable financial privacy laws or other laws or regulations, Smartsuperpay may provide information about you and/or your Card(s):- (1) when required by law;
(2) in compliance with any agreement between Smartsuperpay and a professional, regulatory or disciplinary body;
(3) to enforce our agreement(s) with you;
(4) in connection with potential sales of business;
(5) to carefully selected service providers who help Smartsuperpay meet your needs by providing or offering Smartsuperpay’s services.

B. Smartsuperpay use Cards issued by the Regulated Provider.

C. The Personal Information which we hold about you and/or your Card(s) may be shared with and cross-checked by other businesses, fraud prevention or credit reference agencies, our suppliers, agents or subcontractors to: (1) verify identity and/or address and/or other information;
(2) trace debtors, recover debt;
(3) to prevent fraud, money laundering and/or terrorist financing;
(4) manage and administer your Card(s); and (5) perform our statistical analysis and market research.

This information will be used by Smartsuperpay so that we may perform statistical research and analysis, compliance and regulatory reporting and administration in respect of the Card in accordance with the above.

D. You grant us a right to keep a record of the information referred to above for a period of five (5) years, unless such period is modified by the relevant authority.

E. If you want to receive details of those fraud prevention agencies from whom we obtain, and with whom we may record, information about you, please write to us at Legal Department info@onenessfintech.com. You have a legal right to these details. We will only provide your registered users Personal Information to such persons or companies who agree to give your information the same level of protection as we are required to give it in Cyprus, and act solely on our instructions. Such transfers abroad will only be for the purpose of preventing any fraudulent activity on your Card

F. From time to time, we may be required by law enforcement and/or governmental regulatory agencies and/or a court of competent jurisdiction to provide them with information about you and/or your Card(s). We will only do so provided we are legally required to so and are assured that these organisations will give your information the same level of protection as we are required to give it in Cyprus.

G. You have a legal right to receive a copy of the information we hold about you by sending an email to Onenessfintech.com. A Fee will be payable and will be disclosed to you prior to delivery of this information. The Fee will not exceed EUR Ten (€10.00) per request.

H. Smartsuperpay utilises Cookies in our communications via our website with you. our Cookie Policy can be found on the sitemap of Smartsuperpay’s website at www.Smartsuperpay.com.

Release from Third Party Liability

A. Except as specifically provided in this Agreement, Smartsuperpay will not be liable for any loss or liability resulting in whole or in part from any act or failure to act of your computer equipment or software, or that of an Internet service provider, an online service provider or an agent or subcontractor of any of them. Further Smartsuperpay will not be responsible nor liable for any indirect, special or consequential, economic or other damages arising in any way out of or related to the use of your Card(s).

B. The total cumulative liability of Smartsuperpay to you for any direct damages arising in any way out of or related to your use of your Card shall be limited to the total amount of funds on your Card at the time of the loss sustained by you.

Change of Terms, Notices

A. Except as otherwise provided by law, and with at minimum, two (2) month’s prior notice to you, we may change the Terms of this Agreement or any policies or terms of service governing use of your Card, including without limitation, changing or increasing Fees. Any changes will be effective two (2) months after posting the changes or revisions on Smartsuperpay’s web site at www.OnenessFintech.com and providing you an email notification that the details of the change are posted in your Message Centre. If you do not agree to the posted changes or revisions, you may cancel your Card as provided above in Section VII – “Cancelling your Card”.

B. By entering into this Agreement and using your Card(s), you agree to receive notice of changes or revisions to this Agreement electronically rather than on paper.

THIRD-PARTY PROVIDERS

You can instruct a third-party provider to access information on your accounts or make payments from your accounts online as long as it is open and transparent about its identity and acts in line with the relevant regulatory requirements. We will treat any instruction from a third-party provider as if it were from you.

We may refuse to allow a third-party provider to access your account if we are concerned about unauthorised or fraudulent access by that third- party provider. Before we do this we will tell you and explain our reasons for doing so, unless it is not reasonably practicable, in which case we will tell you immediately afterwards. In either case, we will tell you in the way we consider most appropriate in the circumstances. But we won't tell you if doing so will compromise our reasonable security measures or otherwise be unlawful. We may make available to a third-party provider a specific means of accessing your account. If we do, and it tries to access your account by a different way, we may refuse to allow that access.

If you think a payment may have been made incorrectly or is unauthorised, you must tell us as soon as possible even where you use a third-party provider.

General Provisions

This Agreement is entered into in the country of Cyprus. This Agreement and any dispute between you and us arising out of or related hereto, except for allegations that you have infringed or have threatened to infringe our intellectual property rights, shall be exclusively governed by and subject to the laws Cyprus without regard to any principles of conflicts of laws thereof, whether or not your Account or any Cards associated therewith are used outside of Cyprus. Venue for any suit or claim arising out of or related hereto, except for allegations that you have infringed or have threatened to infringe our intellectual property rights, shall exclusively be in the courts of Cyprus, and by entering into this Agreement you irrevocably consent to the personal jurisdiction of the courts of Cyprus. If we allege that you have infringed or have threatened to infringe our intellectual property rights, then in addition to any other rights and remedies we may have, we may seek preliminary or permanent injunctive relief from any court of competent jurisdiction, and any such claims shall be governed by the laws of Cyprus, without regard for any principles of conflicts of laws thereof. Any claim that you seek to initiate arising out of or related to this Agreement must be brought within one year of the event giving rise to the claim.

You may not assign your obligations under this Agreement. we may assign or delegate all or certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

All Cards associated with your Account remain the property of our Regulated Provider; please see the back of your card to identify the Regulated Provider. we may terminate your right to use such Cards and/or your Account at any time as provided for in this Agreement. You may cancel this Agreement by notifying Smartsuperpay as provided above in Section VII – “Cancelling your Card”. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Smartsuperpay are not your agent, fiduciary, trustee or other representative. Nothing expressed in, mentioned in or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of you and Smartsuperpay.

We do not give up our rights by delaying or failing to exercise them at any time.

If any term of this Agreement is found by a court of competent jurisdiction to be illegal or not enforceable, all other Terms will remain in effect. If we take legal action against you because of default in the terms of this Agreement, you agree to pay reasonable attorneys’ fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum allowed by law.

Smartsuperpay will not be liable for the failure of us to perform any obligations under this Agreement due to events beyond our control and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond our control include, but are not limited to, acts of God, war, civil commotion, labour disputes, equipment failures, bank failures, Mastercard failures, strikes, fire, flood, earthquake or other casualty, shortages of labour or material, government regulation or restriction, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, disruptions on account of or caused by vandalism, theft, phone service outages, Internet disruptions, viruses, and mechanical, power or communications failures. If, after the date of this Agreement, any law, regulation, rule, regulation or decision of or of any other funding method association, or ordinance, whether federal, state, or local, becomes effective which substantially alters our ability to perform services hereunder, we shall have the right to cancel this Agreement, with two (2) months’ notice to you.

Your Card(s) shall not be used as payment for an illegal transaction or for any other illegal purpose. Should we suspect that your Card(s), has been, are being, or may be used as payment for an illegal purchase or for any other illegal purpose, or we find or suspect that the government-issued IDs or other documents you have submitted to Smartsuperpay are false, illegally obtained, fraudulent, or otherwise altered, then we shall have the right, in our sole discretion, to cancel your Card(s) immediately, report any and all relevant or potentially relevant information to the appropriate governmental authorities and recover any and all funds which were illegally or fraudulently obtained and/or used.

Smartsuperpay’s Electronic Disclosure Consent

You must read and agree to the following Electronic Disclosure Consent permitting us to send you important information relating to your Account electronically. When you have carefully read this disclosure, give your consent by selecting the "I agree" button at the bottom of the page. If you do not accept these Terms you will not be able to purchase a Card or have an Account, and you will be returned to our home page.

By giving your consent below, you agree that we will provide you with all disclosures, notices and other communications relating to your Account, including the Terms and Conditions of this Agreement governing your use of your Card(s), our Privacy Policy, any future amendments, correspondence and communications concerning this Agreement and your Card(s) and any other notices that may be legally required to be provided to you, in electronic form by notifying you via email, notification in the Message Centre and posting the change(s) on the website at www.Smartsuperpay.com.

You have the right to withdraw this consent, but if you do, we will immediately cancel your Card and Account. To withdraw your consent, please contact Smartsuperpay by using the online services at www.Smartsuperpay.com or call Smartsuperpay on

If you would like more information about Smartsuperpay’s Privacy Policy, you can review Smartsuperpay’s Privacy Policy for Consumers on the website at www.Smartsuperpay.com.

Once approved you shall procure that, prior to use of a Card, you select "I Accept" on the link below, to confirm they understand and affirm the following in respect of themselves:

I am over the age of eighteen (18) years;
I have read and agree to comply with the Terms and Conditions as they apply to me as a registered user of a Card;
I have read and agree to the Smartsuperpay’s Privacy Policy and Cookies Policy;
I consent to receive disclosures in electronic form in connection with the use of the Card given to me.

Terms & Conditions Of Service