TERMS OF USE
Dated 3 August 2020

Please read these terms of use (“Terms”) carefully before using the application offered by JOOMPAY EUROPE S.A together with our related and affiliated entities (“JoomPay”, “us”, “our”, “we”). These Terms set out the legally binding terms and conditions for your (“you”, “User”) use of mobile application (both iOS and Android, each hereinafter individually referred to as the “App”). By using the App, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all Users. JoomPay Privacy Policy (“Privacy Policy”) constitutes the integral part of these Terms and is available at https://joompay.com/privacy.

JoomPay reserves the right to change these Terms in full or in part at any time. New version of these Terms shall come into force at the moment of its publication in the App. Your log in or continuous use of the App means that you have read and accepted the updated Terms. If you don’t agree to any alteration or update of the Terms, you shall immediately terminate these Terms by submitting a written notice to JoomPay and cease using the App.

About us

JoomPay Europe S.A. is a company registered in Luxembourg with registration number B234303 and have its registered office at 11 rue de l’Industrie, Windhof, L-8399, Luxembourg.

Contacting us

If you wish to contact us for any reason, you can do this by e-mailing us at support@joompay.com. When we refer in these Terms to "in writing", this includes e-mail and communication tools provided to you within the App. If your mobile device is lost or stolen or if you suspect someone has gained unauthorized access to your username or passcode, you should contact us immediately at support@joompay.com In order for us to take any action, you may need to provide certain information required to verify your identity to us and/or Walletto (as defined below) upon request.

If your mobile device is lost or stolen or if you suspect someone has gained unauthorized access to your username or passcode, you must contact us immediately at support@joompay.com . In order for us to take any action, you may need to provide certain Personal Account information to us and/or Walletto upon request.

Status of JoomPay

We provide the App for you to access the services offered by UAB Walletto (“Walletto Services”), a company registered in Lithuania with company number 304686884 and its registered office at A. Goštauto str. 8-107, Vilnius, Lithuania and which is licensed and regulated by the Bank of Lithuania as an Electronic Money Institution (“Walletto”), and to access the services offered by JoomPay from time to time, depending on your jurisdiction, market conditions and other factors (“JoomPay Services”, and together with Walletto Services – the “Services”).

In relation to the Walletto Services, we are not directly involved in the Transactions (as defined in Walletto Terms referred to below) and are not a party to your relationship with Walletto, i.e. you are Walletto’s customer and JoomPay renders services to Walletto. By accepting these Terms and using the App, you are also accepting the following Walletto Prepaid Card Terms and Conditions (the “Walletto Terms”, as applicable), including the Walletto’s privacy policy incorporated by reference into the Walletto Terms:

  • all Users, who have opened their electronic money accounts with Walletto prior to 3 August 2020 will continue be bound by the Walletto Prepaid Card Terms and Conditions dated 6 March 2020 until 4 October 2020, starting from which Walletto Prepaid Card Terms and Conditions dated 3 August 2020 (the “Updated Walletto Terms”) will apply to their contractual relationship with Walletto; and
  • all Users opening their electronic money accounts with Walletto on or after 3 August 2020 will be bound by the Updated Walletto Terms.

If you don't agree with any provision of these Terms and/or the applicable Walletto Terms, including the Updated Walletto Terms, please stop using the App.

In relation to JoomPay Services and depending on the specific services requested by you in the App, you may be party to contractual relationship with one or more JoomPay entities subject to these Terms of Use and additional terms and conditions which will be made available to you prior to entering into the contract.

As part of JoomPay Services, JoomPay Finance Spain S.L.U., a legal entity incorporated under the laws of Spain with its registered office in Spain, Barcelona at Calle Rosselló 186, floor 3, door 5 and holder of Tax ID card number B67473082, may provide instalment loans to eligible Users residing in Spain, subject to the terms and conditions made available to to Users in the App (“Terms for Loans”). For further details on the loans provided by JoomPay Finance Spain S.L.U., such as eligibility criteria, contracting process, maximum loan limit, repayment schedule and mechanics, etc. please refer to the Terms for Loans in the App. As these services are offered to a limited number of eligible Users determined in the sole discretion of JoomPay, you may be unable to see the Terms for Loans, see the loans tab in the App and use these Services depending on your country of residence and other factors.

Use of the App

The App includes various communication tools, personalized and other content. You understand and agree that the App may include advertisements and that these advertisements are aimed to help JoomPay to provide the Services to you and to Walletto.

You must be over 18 years old and resident and/or citizen of the EEA member state to use the App. By using the App, you confirm that you are at least 18 years old, resident and/or citizen of the EU member state.

The App will allow you to:

  1. Open an account with Walletto and get related Walletto Card (as defined in the Walletto Terms);
  2. Access details of the Transactions and balances on your Walletto Card;
  3. Carry out the Transactions, initiate outgoing and receive incoming transfers; and
  4. Order Plastic card delivery;
  5. Receive offers from Walletto and JoomPay regarding new products and services.
  6. Access other services offered by JoomPay provided through the App.

You shall not allow anyone to access the App on your behalf. You shall treat as confidential the mobile verification code, passcode and any other information contained in the App, and you shall not disclose it to any third party.

Registration in the App

To register and start using the App, you have to take the following steps:

  1. Provide us with your mobile phone number and verify this number by entering the code provided to you;
  2. Create your passcode and confirm it;
  3. Share with us your contact details:
    1. E-mail; and
    2. Residence address.
  4. Verify your identity that consists of the following stages:
    1. Document verification via taking picture of your identity document; and
    2. Person verification via recording a selfie video or a selfie picture as prompted in the App

On-going monitoring and use of your data

When you register in the App and from time to time thereafter, we and/or Walletto and/or third-party service provider engaged by us may require you to provide the information and/or documentation that will allow to identify you. You shall keep your details up to date and inform us immediately of any changes in information you submitted to us during the App registration process or thereafter. If we find out that your current information is not correct, we will update it ourselves. We reserve the right to request additional documents and/or information from you at our sole discretion.

You are permitted to use content delivered to you through the App only in the App, you may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the technologies used in the App.

You agree that we will be entitled to disclose your identity and information relating to your electronic money account with Walletto administered by JoomPay in the App (the “Personal Account”) to third parties if we are required to do so by any applicable law and/or court order and/or to fulfil our contractual obligations..

By using the App, you represent that you are the legal owner of the data in your Personal Account and that you have the authority to appoint and do expressly appoint JoomPay as your agent and grant a limited power of attorney to access and retrieve such data on your behalf.

If you are concerned about any activity on your Personal Account, please contact us. If we believe that there is any suspected or actual fraud or we suspect that there has been a security breach, we will contact you by email or any other secure means we deem appropriate unless we are prohibited to contact you under the applicable law and/or court/state authority order/instruction/similar document.

Representations and warranties

You expressly understand and agree that:

  1. Your use of the App and all information, products and other content (including that of third parties) included in or accessible from the App is at your sole risk;
  2. The App is provided to you on "as is" and "as available" basis. We expressly disclaim all representations and warranties of any kind as to the App and all information, products and other content (including that of third parties) included in or accessible from the App, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement;
  3. JoomPay strives to build an App that provides excellent service to all its users. However, we make no warranty (express or implied) that:
    • the App will meet your requirements;
    • work of the App will be uninterrupted, timely, secure, or error-free;
    • the results that may be obtained from the use of the App will be accurate and/or reliable;
    • the quality of any products, services, information, or other materials obtained by you through the App will meet your expectations; or
    • any errors in the App will be corrected.

Downloading any materials or data through the use of the App is at your own discretion and risk and you are solely responsible for any damage to your operational system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the App will create any warranty not expressly stated in these Terms.

Liability of JoomPay

You agree not to use the product for any business or resale purposes. If you have a Walletto Card, we will inform you about any changes to the App that may affect your ability to use it. We won’t be available to you for any of the following:

  1. loss of profit;
  2. damage to your reputation;
  3. loss of savings (including anticipated);
  4. loss of business opportunities and/or contacts;
  5. loss of data caused by factors other than JoomPay’s gross negligence or breach of statutory duty by JoomPay;
  6. loss of goodwill;
  7. loss of business and/or business interruption;
  8. the acts or omissions of our contractors and subcontractors; and
  9. any other loss or damage to you in connection with the App.

We do not in any way limit our liability for:

  1. death or personal injury caused by our actions; or
  2. fraud.

Indemnification

You agree to protect and fully compensate JoomPay, including our related and affiliated parties, from any and all third party’s claims, liability, damages, expenses and costs (including but not limited to reasonable solicitors’ fees) caused by or arising from your use of the App, your violation of these Terms or your infringement, or infringement by any other user of your Personal Account, of any intellectual property or other right of anyone.

These Terms

These Terms are between you and us. No other person will have any rights to enforce any provision of these Terms. Each paragraph of these Terms operates separately. If any court or supervisory authority decides that any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in full force and effect and the invalid provision shall be substituted by the closest possible under the applicable law.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

These Terms are governed by law of Luxembourg. Any dispute or claim arising out of or in connection with these Terms shall be governed by law of Luxembourg and is subject to exclusive jurisdiction of courts of Luxembourg.

Amendment of these Terms

We may need to update or amend these Terms from time to time to comply with applicable regulation and/or to meet our changing business requirements. We may not always be able to give you advanced notice of such updates or amendments but we will always post them in the App so you can view them when you visit the App next time. In these circumstances, by continuing to use the App, you agree to be bound by the amended Terms. Please look at the top of this page to see when these Terms were last updated.

Sanctioned Countries and Individuals

Economic sanctions laws in the European Union, the United States and a number of other countries prohibit and/or restrict transactions with parties identified as engaging in terrorism, narcotics trafficking, weapons proliferation and other activities that threaten countries’ national security, foreign policies or economies (“Denied Persons”). Various government agencies publish lists of the Denied Persons. In addition, many countries maintain trade sanctions and embargo programs against specific countries (“Sanctioned Countries”), such that unauthorized transactions involving these Sanctioned Countries are prohibited and/or restricted.

In order to comply with these and other legal requirements, it is JoomPay’s policy that residents and/or citizens of the following countries/regions could not use the App and/or the App could not be used for their benefit:

  1. Cuba
  2. Iran
  3. North Korea
  4. Syria
  5. Sudan
  6. Burma (Myanmar)
  7. Crimea Region of Ukraine

No transactions with persons in/from any of these countries/regions may be conducted through the App. Personal Accounts may not be opened or related to a country/region that JoomPay does not support.

Additionally, JoomPay does not conduct business with or otherwise engage in or facilitate transactions involving individuals or entities that are subject to sanctions or other applicable trade control restrictions. This includes but is not limited to persons listed on: the Specially Designated Nationals (SDN) and Foreign Sanctions Evaders (FSE) Lists maintained by the U. S. Department of the Treasury; the Entity List, Unverified List and Denied Persons List maintained by the U. S. Department of Commerce; the Consolidated list of persons, groups and entities subject to EU financial sanctions maintained by the European Union; the Consolidated List of Financial Sanctions Targets maintained by Her Majesty’s Treasury in the United Kingdom; the Consolidated List of Names, maintained by the Canadian Office of the Superintendent of Financial Institutions. This also includes certain persons that are owned or controlled by the Denied Persons.

You shall ascertain and comply with any additional sanctions compliance requirements that apply to your transactions, including updates to the U. S. law. Non-compliance with U. S. sanctions laws and regulations can result in significant civil and/or criminal monetary penalties, as well as possible imprisonment, seizure of goods, and/or a ban from conducting business with the U. S. companies.

Disputes with third parties

Should you have a dispute with one or more users of the App, or any other third party, you release JoomPay (and its officers, directors, agents, subsidiaries, related parties, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

No Guarantee

JoomPay does not guarantee usable, timely, secure, correct, continuous, uninterrupted access to the App, and operation of the App may be interfered by numerous factors outside JoomPay’s control. JoomPay is not responsible for any services breaking down, including (but without limitation) system corruption or other situations that may affect receiving, processing, testing, completion or settlement of transaction.

No Agency

You and JoomPay are independent parties, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. You have no right to represent JoomPay to make or accept any offers or acceptance on our behalf. You cannot make any statements at any circumstance that may cause conflict with these Terms.

Survival

Sections “Confidentiality”, “Representations and warranties”, “Liability of JoomPay”, “Indemnification”, “No Guarantee” shall survive any termination or expiration of these Terms.

Notices

Except as explicitly stated otherwise, any notices relating to JoomPay Services shall be given by postal mail to JoomPay Europe SA, 11 rue de l’Industrie, Windhof, L-8399, Luxembourg (in the case of JoomPay) or, in your case, to the email address you provide to JoomPay. Notice shall be deemed delivered upon expiration of 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, JoomPay may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to JoomPay. In such case, notice shall be delivered upon expiration of three days after the date of mailing.

Any notices relating to Walletto Services shall be given to Walletto in accordance with Walletto Terms.