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User Agreement for NOUPIA Services
These are the Terms and Conditions governing your access to and use of the website www.Noupia.com and its related sub-domains, sites, services, tools, and mobile application (the "Site"). By accepting these Terms and Conditions (including the linked information herein), and by using the Site, you ("you" or the "Customer") represent that you agree to comply with these Terms and Conditions.
This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement,
please do not
access, register with or use this Site. Before you may become a Customer, you must read, agree with and
accept this User
Agreement and our Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy
Policy and
also access and read all further linked information referred to in this User Agreement, such as our fees
schedule.
Please note that by accepting this User Agreement, you are also accepting our Privacy Policy. So, it is
important that
you review the Privacy Policy as it contains further terms and conditions that apply to you as a Customer of
the Site.
Customers are advised to read these Terms and Conditions carefully.
1. Description of Service
1.1. NOUPIA operates as an electronic payment service that enables Customers
to make payment transactions
online (the
"NOUPIA Service"). On registration, Customers are allocated an online
account (a "Customer Account"),
which
holds
electronic money for use in online transactions.
1.2. All fees for use of the NOUPIA Service
("NOUPIA Fees") are set forth in the fees schedule posted on
this Site and
you acknowledge and agree that the NOUPIA Fees may be amended from time to
time in accordance with the
terms of this
User Agreement. You should check the fees schedule posted on this Site regularly for any changes to the
NOUPIA Fees.
1.3. Beneficial Owner: You must be the beneficial owner of the NOUPIA
Account, and conduct business only
on
behalf of
yourself.
2. Relationship
2.1. NOUPIA helps you make payments on certain third parties’ sites,
platforms and applications. NOUPIA
is an
independent contractor and only acts as your agent with respect to the custody of your electronic User
Agreement for
NOUPIA Services money in your Customer Account.
2.2. You acknowledge and agree that: (i) NOUPIA is not a bank and nor is it
providing banking services
and/or related
banking services and/or carrying out functions which are integral or closely related to banking business,
nor is NOUPIA
allowed to grant any form of credit; (ii) Customer Accounts are not insured by any government agency and
that there is
no voluntary or compulsory scheme in which NOUPIA is a member which
compensates the Customer in case
NOUPIA becomes
unable to satisfy claims relating to your Customer Account or otherwise in relation to the
NOUPIA
Service; and (iii)
whilst NOUPIA acts as your agent in respect of its custody of your
electronic money, NOUPIA does not act
as a trustee
or accept any fiduciary role in respect of the electronic money in your Customer Account.
3. Registration
3.1. Eligibility: In order to be eligible for using NOUPIA services, you
must be at least 18 years old or
to and if
less than 18 must have parental/guardian consent.
3.2. When you sign up, you are creating a NOUPIA Account unique to your
provided email and phone number.
During the
signup process to create a NOUPIA Account, we will ask you to provide
certain information. You must enter
and maintain
true, up to date, accurate and complete information as requested by us including, without limitation, your
name,
address, telephone number, date of birth and email address ("Information") in order to become and continue
as a
Customer.
NOUPIA may (in its sole discretion) request that you provide further
information or
documentation to it at
any time and for any reason including, without limitation, to confirm your identity, age and/or confirm
ownership of
your financial instruments and you agree that you will provide such information and/or documentation
promptly to NOUPIA
on request. If you do not provide such information and/or documentation promptly to
NOUPIA on request,
NOUPIA may,
without liability, limit your use of the NOUPIA Service or suspend or close
your Customer Account.
Further, you
authorize NOUPIA to make any enquiries it considers necessary to validate
and verify your identity
(whether directly or
through third parties) at any time for any reason at NOUPIA’s sole
discretion. Each person is only
entitled to open one
Customer Account. If you register more than one Customer Account, NOUPIA
shall contact you and ask you to
identify
which account is to be your Customer Account. NOUPIA shall then, without
liability, close all your other
accounts and
transfer any balances in those other Customer Accounts into your remaining Customer Account. User
Agreement for NOUPIA
Services.
3.3. You are responsible for maintaining the confidentiality of, and restricting access to and use of,
your user name,
password and details of your Customer Account, and you accept responsibility for all activities that occur
under or in
relation to your user name, password and Customer Account. You agree to immediately notify
NOUPIA of any
unauthorized
use of your user name, password or Customer Account or any other breach of security. In no event will
NOUPIA be liable
for any direct or indirect loss or damage whatsoever resulting from the disclosure of your user name,
password and/or
other Customer Account details. You agree to reimburse NOUPIA for any
improper, unauthorized or illegal
use of your
Customer Account, whether by you or any other person. Every person who logs into the Site by entering the
correct user
name and password or undertakes any transaction or transfer with the correct password and Customer Account
number is
assumed by NOUPIA to be the rightful Customer Account holder and
NOUPIA regards all related transactions
and/or
transfers as valid. You acknowledge and agree that NOUPIA will not reverse
or refund any such
transactions or
transfers.
3.4. Identity Authentication: You agree to comply with all requests made by
NOUPIA or any of our
third-party service
providers in connection with your NOUPIA Account, to identify you,
authenticate your identity, or
validate the source
of funding to your NOUPIA Account or Transactions.
NOUPIA reserves the right to close, suspend, or limit
access to
your NOUPIA Account and/ or NOUPIA Services in
the event that we are unable to obtain or verify such
Information. You
authorize NOUPIA directly to make any inquiries we consider necessary to
validate your identity. This may
include
asking you for further information, requiring you to provide your date of birth or other information or
form of identity
that will allow NOUPIA to reasonably identify you, including requiring you
to take steps to confirm
ownership of your
email, phone number, or payment instruments or verifying your Information against third party databases or
through other
sources. NOUPIA may also request to be provided with any identifying
documents at any time.
4. Adding Funds to your Account
In order to add electronic money to your Customer Account or to otherwise purchase goods and services
online using the
NOUPIA Service, you may choose from one or more options available depending
on the country you are
situated in. Please
refer to the Top Up Section on the site for more details.
You hereby authorize NOUPIA to obtain or receive funds on
your behalf from your chosen payment source, and for NOUPIA to deduct all
necessary fees (including
NOUPIA Fees as per
Section 6 of this User Agreement in relation to any obtaining or receiving of such funds). You also agree
to upload
electronic money to your Customer Account in accordance with the directions on the Site (as may be updated
or amended by
NOUPIA from time to time) and you agree that you will not use any
unauthorized, invalid or illegal
payment method to
upload electronic money to your Customer Account. User Agreement for NOUPIA
Services
5. Payment
5.2. When you make a payment from your Customer Account, NOUPIA will
authorize the transfer of the
necessary electronic
money (including all necessary fees (including any NOUPIA Fees (as defined
below)) from your Customer
Account. You
acknowledge and agree that if there are insufficient funds in your Customer Account to make the necessary
payment,
NOUPIA will not authorize the payment and will cancel the transaction.
NOUPIA shall not be liable for
any loss, damage
or liability suffered or incurred by you that results from a transaction being cancelled in the
circumstances where
insufficient funds in your Customer Account prevent you from making a payment.
5.3. Methods of spending Money: By spending money, you authorize and instruct
NOUPIA to execute the
transaction. Once
you have provided your authorization for the Transaction, you will not be able to cancel it, except as
provided by the
applicable law. You are solely responsible for confirming the accuracy of any Transactions made by you.
5.4. NOUPIA may delay execution of your Transaction if it has a reason to
believe that your Transaction
may involve
fraud or misconduct, or violate the applicable law, the User Agreement, or the applicable Issuing
NOUPIA
Policies, as
determined in NOUPIA’s sole and absolute discretion.
5.5. Fraud Monitoring: NOUPIA may monitor your Transactions for the purpose
of determining fraudulent
activities and
whether you are in good standing. NOUPIA may also decide to suspend your
NOUPIA Account or limit your
privileges.
NOUPIA will use all available information to help combat fraud on our
system.
5.6. NOUPIA maintains the right in its own discretion to define certain
usage limitation on all or some
NOUPIA
Accounts including your account. Those limitations may include, but not limited to: - Limitations on the
maximum number
of payment transactions allowed within a period of time.
6. Fees
6.1. You are responsible for the payment of all NOUPIA Fees in relation to
your use of the NOUPIA
Service. The current
NOUPIA Fees (as may be amended by NOUPIA from
time to time in accordance with the terms of this User
Agreement) are
posted on the Site. NOUPIA fees for adding funds to your account vary based
on the method used for adding
funds.
NOUPIA may charge you fees for maintaining your account and such fees depend
on the status of your
account. NOUPIA
defines the following account statuses: - Dormant Account: Any account with no transactions for a time
period of 120
consecutive days, is defined as Dormant Account. - Inactive Account: Any account with no transactions for
a time period
of 366 consecutive days is defined as Inactive account and as the account.
6.2. Prior to registering as a Customer, and prior to carrying out any transactions using the
NOUPIA
Service, you
should review the NOUPIA Fees. All NOUPIA Fees
are due and payable immediately and shall be deducted by
NOUPIA by
automatic debit from your Customer Account. All NOUPIA Fees are in US
Dollars unless otherwise stated on
the Site.
NOUPIA may, without liability, charge you a correction fee if incorrect
payment details are provided to
us by you.
Please note that you are responsible for the payment of all applicable taxes, duties or other charges in
relation to
your use of the NOUPIA Service.
7. Restricted Activities
7.1. You acknowledge and agree that you will not use the NOUPIA Service: (a)
to pay for any illegal
material whatsoever
including, without limitation, illegal downloads; (b) to pay for any goods and/or services which infringe
the
intellectual property or other proprietary rights of any third party; and/or (c) for, or in relation to,
any illegal
purpose or criminal activity of any nature.
7.2. You acknowledge and agree that NOUPIA will report any suspicious
activity to the relevant
authorities. NOUPIA may
without liability: (a) apply such prevention and detection procedures as it deems necessary; (b) suspend
or close any
Customer Accounts; and/or (c) cancel or refuse to carry out any transactions, if
NOUPIA, in its sole
discretion,
suspects that you are using your Customer Account or any aspect of the
NOUPIA Service for unlawful
purposes or your
Customer Account is otherwise being used for unlawful purposes.
7.3. In connection with your use of the Site, your Customer Account and the
NOUPIA Service, or,
otherwise, in the
course of your interactions with NOUPIA, another
NOUPIA Customer, a NOUPIA Members or any other
third
party, you will
not: (a) Breach this User Agreement, the Privacy Policy or any other policy on the Site; (b) Violate any
laws or
regulations, third party rights or our policies including, but not limited to, any use or attempted use of
your Customer
Account for illegal and/or fraudulent purposes; (c) Infringe NOUPIA or any
third party's copyright,
patent, trademark,
trade secret or other intellectual property rights, or rights of publicity or privacy.
7.4. You warrant that you are not violating any applicable laws or regulations by your use of the Site,
your Customer
Account and/or the NOUPIA Service, and you agree to defend, indemnify and
hold NOUPIA, its directors,
employees,
agents and affiliates harmless from any claim, demand (including legal fees and costs), fines, penalties
or other
liability made or incurred by NOUPIA, any other CASHU customer or any third
party due to or arising out
of your breach
of this warranty.
7.5. If we have reason to believe that you have engaged in any of the restricted activities as set out
above, we may
take various actions to protect NOUPIA, and other
NOUPIA customers, any third party or you from fees,
fines, penalties
and any other liability. The actions we may take include but are not limited to the following: (a)
Suspending or closing
your Customer Account for as long as we believe to be reasonably necessary; (b) Applying, at our sole
discretion,
prevention and detection procedures and refusing the execution of transactions if there are grounds to
suspect that a
Customer Account is being or may be used for illegal purposes; or (c) Taking further steps as
NOUPIA in
its sole
discretion may deem necessary including taking legal action against you.
7.6. If we close your Customer Account, we will provide you with a notice of our actions. If we suspend
your Customer
Account, we will provide you with notice of our actions and the opportunity to request restoration of
access, if and
when appropriate. Any restoration of access shall be at NOUPIA’s discretion.
8. Suspension of Customer Accounts.
8.1. You may request that NOUPIA close your Customer Account at any time by
contacting NOUPIA Customer
Support.
Contact details for the NOUPIA Customer Support are on the Site. Closure of
your Customer Account will
not cancel any
transactions that you have already undertaken, including those which are still to be paid for from your
electronic money
in your Customer Account.
8.2. NOUPIA at its sole discretion may close a Customer Account at any time
upon at least one (1) week
notice to the
Customer and will contact the Customer to arrange for the return of any electronic money in your Customer
Account. This
is without prejudice to any other rights or remedies of NOUPIA under this
User Agreement or otherwise.
NOUPIA may
suspend your Customer Account at any time without notice if involved or suspected of involvement in
fraudulent or
illegal activities. User Agreement for NOUPIA Services
8.3. If you do not log in to your Customer Account for more than six (6) months, and there are no funds in
your Customer
Account, NOUPIA may suspend your Customer Account. If your account is
suspended, you should contact
NOUPIA Customer
Support to reactivate your Customer Account. NOUPIA will reactivate your
Customer Account at its sole
discretion.
8.4. NOUPIA may, at any time, at its sole discretion, discontinue your use
of your Customer Account or
the NOUPIA
Service or any part thereof. NOUPIA shall endeavor to provide notice of any
such discontinuation of your
Customer
Account or the NOUPIA Service. You agree that
NOUPIA shall not be liable to you or any third party in
relation to any
inability for you to access to your Customer Account or the NOUPIA Service
or any part thereof.