VegaPay Terms of Service

PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR VegaPay CAREFULLY BEFORE USING THE SERVICE. IF YOU DO NOT AGREE TO THESE ToS, YOU MAY NOT USE VegaPay. By accepting the Terms of Use you confirm that you have read Privacy Policy located at https://vegapay.ae/privacy_policy and agree with it.

1. Terminology

The definitions used in these Terms have the following meaning:

VegaPay Service – software supported on certain Devices, with which Users can safely store Tokens on the Device, representing (replacing) Cards with the permission of the Issuer, and allowing the secure transfer of Token Data for making payments, as well as other services provided VegaPay Terms of Service.

Device – a technical device that is a product of the VegaPay brand or official partners of VegaPay supported by VegaPay. At the same time, the availability of the VegaPay service and its additional options on a separate Device depends on the technical characteristics of a particular type of product and software installed by the Device Manufacturer. The characteristics of the Devices may differ depending on the model of the Device, and may also be changed from time to time.

User – You, an individual using the Device and VegaPay.

Verification data is a special PIN-code of the Card, known to the User, used to confirm contactless payments in excess of the maximum amount without confirmation, approved by the legislation in the region where the payment was made by the User. Such data is stored only on your Device and is not sent to VegaPay servers.

Card – a payment card (electronic means of payment) intended for the Holders to perform transactions with funds held by the Issuer. The use of the Card through the Service is carried out on the basis of an agreement between the holder and the Issuer.

Token is a digital identifier of the Card stored on a specific Device by the Holder. The token is generated by an Payment Scheme as a result of connecting the Card to the VegaPay service and is stored on the Device in an encrypted form, excluding access by third parties.

Smartphone – a mobile device running on the Android or iOS platform owned by the user and used to work with the VegaPay application.

Application – VegaPay mobile application used to provide VegaPay services to users under these terms of service.

Token Data – includes: Token number, Token validity period, Token data version.

Payment schemes (PS) – within these Terms – international payment schemes Visa International Service Association (hereinafter – Visa) and Mastercard WorldWide (hereinafter – MasterCard).

Holder – an individual in whose name the Card has been issued by the Issuer by agreement.

Issuer – a credit / financial institution that issues the Card.

VegaPay is a payment application provider and operator of the VegaPay service – VegaPay

VegaPay Terms of Service, Terms – these VegaPay Terms of Service.

2. Description of the VegaPay Service

2.1. About VegaPay Service

VegaPay is a payment service with which the User can securely store Tokens on the Device, which represents (replaces) Cards, and allows the secure transfer of Token Data for making payments.

VegaPay can be used to make payments (i) at payment terminals where ordinary Cards are accepted using contactless technology (NFC – Near field communication),

In order for the Card to be used in VegaPay, the User who is the Cardholder must successfully complete the verification process of the Cardholder by the Issuer using the one-time code received from the Issuer. The maps that can be used using the Service may differ depending on the location of the User, and may also be changed from time to time. The Issuer that issued your Card, the Payment System, as well as VegaPay, each reserves the right to exclude certain Cards from VegaPay or terminate their participation.

More information on how to add a Card to VegaPay and make payments using VegaPay can be found in the instructions for using the Service posted on the website located at: https://vegapay.ae/vegapay-getting-started.

The User data processing terms and conditions can be found in the Privacy Notice located at: https://vegapay.ae/privacy_policy.

2.2. Additional functions of VegaPay (Promotions, Membership cards and others)

VegaPay also allows Users to store and / or access the following additional options, including but not limited to:

(i) promotions such as discount codes (“Promotions”).

The Promotions offered by VegaPay or its partners operate in accordance with the relevant rules. The number of Promotions may be limited, or Promotions may be substituted for others, at the sole discretion of VegaPay;

(ii) certain Membership Cards (including loyalty cards or bonus cards of third companies (loyalty program organizers)). VegaPay provides an opportunity to add to the Service Membership Cards issued as part of Loyalty Programs or bonus programs of third parties (organizers of Loyalty Programs) and similar programs. Adding a Membership Card to the Service may require the provision of your personal data, depending on the conditions of the organizer of the Loyalty Program. You agree to abide by any additional terms and conditions set by the organizer of the Loyalty Program. Membership Cards can be accessed or used in VegaPay from the Application screen at the VegaPay level or saved on the Device, depending on the type of Membership Card and the capabilities of this Device model. VegaPay is not responsible for any errors or omissions contained in any Loyalty Program. You agree to contact only the organizer of the Loyalty Program to resolve any questions or disputes related to the Loyalty Program.

More information on the procedure for using Membership Cards using VegaPay can be found in the instructions for using the Service posted on the website located at: https://vegapay.ae/vegapay-getting-started.

3. Scope and your acceptance of these Terms of Service

3.1. These Terms of Service exclusively govern the legal relationship between VegaPay and you regarding your use of VegaPay and the services provided by VegaPay within the scope of using the VegaPay service.

3.2. You agree that you will use VegaPay in accordance with applicable law and will not use it for any illegal or fraudulent purposes, or for such purposes that are prohibited by the Terms and Conditions of Service (as defined below) or these Terms. The VegaPay service is not intended for use by any person other than the Cardholder authorized to use such Card in accordance with the agreement between the Cardholder and the Issuer. If you are not an authorized Cardholder, you cannot use VegaPay for such a Card.

Persons under the age of 18 years (each, a “Minor”) may not use Vega Pay unless their parent or legal guardian has reviewed and agreed to these ToS. If you are a parent or guardian permitting a Minor to use Vega Pay, you agree to:

(i) accept and abide by these ToS and exercise supervision over the Minor’s use of Vega Pay to ensure that they abide by these ToS;

(ii) assume all risks associated with the Minor’s use of Vega Pay, including the transmission of materials, content or other information to and from third parties via the Internet;

(iii) assume all liabilities resulting from the Minor’s use of Vega Pay, including applicable payment obligations;

(iv) ensure the accuracy and truthfulness of all information submitted by the Minor.

3.3. These Terms of Service supplement the Terms and Conditions for the provision of services by VegaPay (hereinafter referred to as the “Terms and Conditions for the Provision of Services”) published at the link https://vegapay.ae/termsofservice, which apply to all registered User accounts (User account) to VegaPay (hereinafter – “VegaPay user account”). To start using VegaPay, you must have an VegaPay user account. If you have not yet registered an VegaPay User Account, please read the Terms and Conditions of Service at https://vegapay.ae/termsofservice and create a new VegaPay User Account (user account) before using VegaPay. The terms and conditions for the provision of services form an integral part of these Terms. These Terms of Service may be transferred at any time to any affiliate of VegaPay.

These Terms of Service may be amended and supplemented from time to time. This list of conditions is not exhaustive.

VegaPay, at any time at its discretion, may refuse to provide the Service or terminate / suspend the provision of services for the provision of the Service with or without specifying a reason or notification.

4. Granting and limiting rights

4.1. VegaPay hereby grants you a non-exclusive, non-transferable, limited, non-commercial and revocable right to access and use VegaPay for your personal use, provided that you fully comply with these Terms. You agree and acknowledge that certain functions or services offered by VegaPay may be provided by VegaPay affiliates and subcontractors on behalf of VegaPay.

4.2. To use VegaPay to issue and download a Token, it may be necessary for your Smartphone to have access to the Internet via a mobile network or Wi-Fi (for which additional fees may be charged by the cellular operator), and it may also be necessary to install updates from time to time. At the same time, in order to make contactless payments using a Device on which the Token has already been downloaded, Internet access is not required. Since the use of the Service involves the use of the Device, software, Internet access and applicable updates, your ability to use VegaPay and the capabilities of the Service will depend on the operating state of the above.

You acknowledge and agree that you are solely responsible for the compliance of your Smartphone with all the requirements listed above, which may be changed from time to time.

You hereby acknowledge your consent to receive notifications and other informational messages regarding VegaPay through messages within the Service on your Smartphone.

4.3 To use VegaPay to issue and download the VegaPay Token through a secure channel, transfers your card data in encrypted form to the Issuer, which then generates the token. In order to provide support services and improve the quality of service, VegaPay may save non-personalized bank card data in the VegaPay service: the first 6 digits of the Card number (identifier of the issuing bank); the last 4 digits of the Card number.

4.4. You will not interfere or attempt to interfere with the operation or use of VegaPay in any way by any means or device, including, but not limited to, spamming, computer hacking, downloading computer viruses or timed programs, or other facilities. You may not use the VegaPay application for commercial purposes, or for any illegal purpose, or not permitted by the Terms.

It hereby expressly states that you are not allowed to use the VegaPay service in any content, services, programs or applications (or in connection with such) that: (i) infringe the rights of any third party, including but not limited to intellectual property rights; or (ii) contains viruses or other harmful software, program code or other components that interfere with the functions or services provided by VegaPay, or limit its functionality on the Device.

4.5. In accordance with applicable law, you are not allowed to reverse engineer, copy, decompile, disassemble, extract the source code, modify, adapt, route, record (data stream, sound, image), reproduce, publicly demonstrate, publicly perform, transmit, sell, license, use as a basis for creating derivative applications, republish, download, edit, publish, broadcast, distribute, attempt to obtain information by fraudulent means or otherwise translate (or induce or facilitate any other person to perform any of the above actions) the VegaPay service in whole or in part.

4.6 To each VegaPay wearable a certain number of download slots are linked. Each slot has 3 years’ life time period starting at the device activation date. All spots must be used within 3 years from the wearable activation date or slots purchase date. Download slots cannot be transferred to another wearable.

4.7. VegaPay reserves the right, at its sole discretion, to change, modify, update, add, discontinue, relocate, modify, remove or otherwise change any components of VegaPay, and VegaPay shall in no way be liable for any claim, costs or losses incurred in connection with or arising from such actions. If such changes are necessary for technical, commercial or other reasons, you will have the opportunity to cancel the service without any consequences for you.

5. Security

5.1. You agree to keep your Verification Data, Device unlock data confidential and to immediately notify VegaPay if your Verification Data and / or Device unlock data is stolen, become known to unauthorized third parties, or otherwise compromised. If you lose your Device, you can block the Device using the “Lock” function in the VegaPay mobile application in order to prevent the use of your device by third parties.

5.2. Using a token on a Device may require establishing a connection with your Smartphone through a built-in or external wireless reader and applying updates that VegaPay releases from time to time.

In this case, information can be transferred to the mobile device (phone), including but not limited to: BIN of the issuer (identifier of the issuing bank: first 6 digits of the card number), the last 4 digits of the Card / Token number, visual representation of the Card. When deleting and resetting VegaPay on a wearable Device, such information on the Card is also deleted on your Smartphone.

By adding the Card to the Device, you understand and accept that:

(i) Your Device can be used for contactless payment without verification under the laws of the territory in which the payment is made;

(ii) Removing the Card from Your Device will not necessarily result in the removal of the VegaPay User Account;

(iii) You are solely responsible for the safe use of the VegaPay service, Verification data, unlock data, Device (accessory), mobile device (phone) unlock data, for the safe storage of the Device.

VegaPay is NOT responsible for any loss or damage incurred by you in connection with the loss, theft or damage to your Device.

6. Disclaimers

6.1. Disclaimer of Warranties. VegaPay is provided “as is”, “where is” and “as far as available” and without warranty of any kind in full compliance with applicable law. VegaPay and VegaPay affiliates do not provide any representations or warranties of any nature, express or implied, regarding VegaPay, and in particular disclaim all such warranties, including without limitation, any implied guarantees of compliance with the User’s expectations (commercial suitability), compliance with specific goals or lack of violation of someone’s rights.

Without limiting the previous disclaimer, VegaPay and its affiliates do not represent or warrant that VegaPay: (i) will operate smoothly, in a timely manner, securely or error-free, (ii) will always be available or will not contain any harmful components, or technical errors, or (iii) will be secure against unauthorized access by third parties (including to content provided to you or to information provided by you).

6.2. Denial of responsibility. VegaPay does not exercise control over any commercial activity in connection with your use of VegaPay, in particular without limitation, credit assessment, issuance of payment cards, processing payments, demanding a refund to the Card, purchases, return of goods, refund of funds paid on the map. VegaPay does not exercise control over the actions of the Issuer, including without limitation, identification of the Holder and authorization of payment. You acknowledge and agree that VegaPay is not responsible for any of the above actions, as well as for your relationship with the Issuer or a retail outlet in connection with such actions. You agree that your use of the Cards in VegaPay is governed by the terms and conditions of your agreement with the respective Issuer, and neither these Terms of Service, nor your use of VegaPay, changes in any way the existing and ongoing relationship with Issuers regarding your Cards.

6.3. Waiver of Certain Damage. Under no circumstances will VegaPay or its affiliates be liable for any indirect, incidental, consequential, special, sanctioned or awarded damage / loss, including lost profits, even if about the possibility of such damage / loss VegaPay or its affiliates were warned in advance. This limitation applies regardless of the reasons and grounds for liability, whether it be fraudulent actions, false assurances, breach of contract, negligence, physical harm, manufacturer’s liability, violation of the law or other reasons for liability, regardless of whether VegaPay or its affiliates are warned in advance of the possibility of such loss / damage. This provision means that you hereby refuse to use any and all rights to any indirect, incidental, consequential, special, sanctioned or awarded damage / loss, including lost profits, in relation to VegaPay or its affiliates. This limitation and waiver of rights also applies to any claim that you may bring against any other party to the extent that VegaPay can receive a claim for damages / damages to such party on such a claim. You are solely responsible for any loss or damage if you authorize any person (such as another User or seller) to use or perform any action with your Device or VegaPay.

You acknowledge that the modern quality of computer hardware, system software and programming technology does not allow to completely avoid malfunctions of Smartphones, Android platforms, iOS platforms, Cards, applications, VegaPay, Payment Schemes. Failures mean irregular failures in the operation of Smartphones, Android platforms, iOS, Cards, Applications, VegaPay, PS, other software related to the operation of VegaPay for reasons that cannot be installed and arise as a result of external software relation to VegaPay factors. As a result, VegaPay is not responsible for failures and for losses that may arise in connection with failures.

The foregoing disclaimers, exclusions and limitations apply in full compliance with applicable law, even if any remedy would not be consistent with its primary purpose.

7. Applicable law

These Terms of Service and your relationship with VegaPay under the Terms will be governed by and construed in accordance with the laws of the country in which the Device-enabled Service was intended for distribution, without regard to the rules of conflict of laws and subject to the non-exclusive jurisdiction of the courts of that country when considering legal cases arising in connection with the Terms. Unless otherwise provided by applicable law, any claim or dispute arising out of these Terms of Service or your use of the VegaPay service shall be resolved as specified in the Terms and Conditions of Service, which are published at: https://vegapay.ae/termsofservice. For the avoidance of doubt, the above provision does not deprive you of the right to appeal to a court or other authorized body to protect your rights and legitimate interests in accordance with the current legislation of the country in which the Device with the support of the Service was intended for distribution.