Terms & Conditions
Read our Terms & Conditions
EMPS – Paymenticon Terms and Conditions
1.1. These Terms and Conditions are a contract between a User (“You” or “Your”) and EMP Systems Limited, (“We”, “Us”, “Our”, or “EMPS”), a Company registered under the laws of Malta, having registration number C64728 and registered office at Parthenon Building, Hughes Hallet Street, Sliema, SLM 3141, Malta and the rules for the User to use the financial services (hereinafter referred to as the “Service”, “Services”). In order to obtain the possibility of using the Services, the User should get acquainted with these Terms and Conditions. These Terms and Conditions are provided to you and concluded in English. By starting to use the Service and concluding an agreement with EMP Systems Limited, the User is obliged to agree and accept the conditions of these Terms, while any direct or indirect use of the Services will be performed in accordance with the provisions of the Terms.
1.3. It is recommended that you print out or otherwise save a copy of these Terms for your own inspection and safe-keeping. For the avoidance of doubt, the version displayed on the website/terminal shall always be the most recent version and shall be the only one applicable.
2. BACKGROUND / RECITALS
2.1. EMPS is a company incorporated under the laws of Malta and operating in the electronic money service sector and is duly licensed by the Malta Financial Services Authority (MFSA) under the Financial Institutions Act in accordance with the European E-Money Directive (2009/110/EC) and the Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC, 2013/36/EU and Regulation (EU) No 1093/2010 and repealing Directive 2007/64/EC (hereinafter ‘PSD2’).
2.2. EMPS is the owner of the www.paymenticon.com online platforms. The platform ensures that individual users and businesses are able to make use of payment services, including purchasing, sending and receiving of electronic money over the Internet, making single payments and several payment transactions, while ensuring that charges for products and services are securely executed.
3. 3. DEFINITIONS
3.1. There are several key terms in these Terms and Conditions which are defined as follows:
“Account” or “e-money Account” means the Account where E-money is uploaded, held or withdrawn in the use of the Services, including Non-verified Accounts and Registered Accounts;
“Account Holder” is a natural person or a legal person who is a consumer or business or any Merchant who has registered on the EMPS website to use the Service;
“Amendment” shall have the meaning given in clause 16;
“Balance” means any electronic money being held in the e-money account;
“Business Account” means an Account to which electronic money is sent, stored or withdrawn during the use of the Services by a Client who is a legal entity conducting business activity, who sets up an Account for business purposes directly related to one’s activity;
“Business Days” means a day (other than a Saturday, Sunday or public holidays) on which banks are open for business (other than for the sole purpose of twenty-four (24) hour electronic banking);
“Claim” means a challenge to a payment that the sender of a payment, files with EMPS without the involvement of the Complaints Manager;
“Commercial Contract Person” means a person (persons) indicated in the order form for a Business Account or their substitute(s), who will be familiar with the use of the Service and will be the first point of contact for the Business Client;
“Complaints Manager” is a position within the Malta Financial Services Authority which provides consumers of financial services with a free service for investigating complaints against financial entities;
“Currency exchange” means the conversion of an obligation (amount due) which value is expressed in one currency into an obligation (amount due) denominated in another currency at a given exchange rate. Currency conversion may be used to provide a payment service into foreign currency;
“Customer Service” shall mean EMPS’s customer support which can be accessed online via the channels described on the web page in the Contact Section;
“Days” means calendar days;
“Dispute” means a dispute filed pursuant to clause 21 of these Terms;
“Distributor” shall mean an individual or entity that is authorised to redeem, distribute or resell electronic money and perform consumer verification services and some basic customer support services on behalf of EMPS;
“E-money” or “electronic money” means monetary value which is stored on an electronic device without bearing interest, issued on receipt of funds, and accepted as a means of payment by persons other than EMPS. Further, a reference to a payment made via the Services refers to an electronic money payment;
“EMPS QR Voucher” shall mean the voucher with QR code provided by EMPS to Consumers in order to be able to effect transactions or upload or withdraw electronic money into or from the e-money account;
“EMPS Smartcard” shall mean the plastic card embedded with a microchip and QR code provided by EMPS to Consumers in order to be able to effect transactions, or deposit or withdraw electronic money into or from the e-money account;
“EMPS website(s)” means any URL, such as https://paymenticon.com, through which we provide the Services to you;
“Fees” means those fees described in clause 10;
“Information” means any confidential and personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, post/shipping address, phone number and financial information;
“Login Details” means the data authorising to use the Services via electronic means: (1) graphical QR code (or it’s numeric representation on the voucher or electronic representation encoded in the EMPS Smartcard chip) used as login and (2) PIN code used as secret identification number, (3) email address and password; (4) SMS-Code sent to a User’s phone number, registered in Our system;
“Merchant” shall mean an Account holder who has been authorised in writing by EMPS to sell goods and/or services and using the Services to receive and/or make payments;
“Non-verified Account” means an account opened by a User without providing the necessary documents, the use of which is subject to specific restrictions and limitations;
“Payment Instrument” shall strictly mean electronic payment or bank transfer;
“Payment Order” means an instruction validly made by you to us requesting the execution of a payment transaction;
“Personal Data” any information enabling identification and verification of a User who is a natural person (provided, inter alia, during logging in and initiating payments), including “Sensitive data”, which may be considered as sensitive personal information of the User, such as name and surname, postal address (including billing and shipping address), telephone number, email address, payment card number, other financial information concerning the account, account number, date of birth or authentication data issued by a state administration body (e.g. driving licence number, ID card number, passport number), used to verify the User and reduce the risk of committing fraudulent crime, used to verify the User and reduce the risk of fraud. This includes payment data and Account authentication data;
“Phishing messages” understood as a method of fraud in which a criminal impersonates another person or institution in order to defraud certain information (e.g. login details, credit card details) or to induce the User to take certain actions;
“Processing of data” means any operation that involves the use of User’s Personal Data, whether automated or traditional, such as collection, recording, organisation, storage, adaptation, alteration, retrieval, consultation, disclosure by transmission, dissemination or otherwise making available, adaptation or combination, restriction, deletion or destruction;
“Registered Account” means an Account opened in the name of a User following the provision of relevant due diligence information and after verifying the data on the basis of these documents;
“Restricted Activities” means those activities described in clause 13 of these Terms;
“Reversed transaction” means a payment that you received which EMPS may reverse to the respective User or another third party because the payment has been categorised as a risky payment required to be reversed to mitigate the risk associated with the payment;
“SCA – Strong Customer Authentication” means strong authentication of the User’s data, ensuring the protection of data confidentiality based on the use of additional verification of logging in and other operations by means of SMS codes, in addition to the existing login and password;
“Services” means all electronic money payment services and related products available through the EMPS website(s);
“Terms”, or “Terms and Conditions” means these terms herein including all subsequent Amendments or any future modifications;
“Transaction” shall mean an upload, a payment or a withdrawal as further defined in clause 7;
“Transaction” shall mean an upload, a payment or a withdrawal as further defined in clause 7;
“Unique Identifier” means for the purpose of sending an EMPS payment: an internal identifier which we may present to you, which is assigned to a Merchant’s e-money account.
4. OPENING AN E-MONEY ACCOUNT
4.2. In order to open an Account and make use of the Services provided by EMPS, you shall be asked to verify your identification details through the provision of information and documentation.
4.3. In order to open and use a Business Account, you must first be accepted by EMPS through the Customer Verification process. You must then sign the Agreement and other documents related to the cooperation with EMPS and register at www.paymenticon.com using your login details. We recommend using a secure email address with factor authentication (SCA) and a secure password that contains letters and numbers. Additionally, in order to ensure data security, the User must provide a current mobile phone number to which one-time SMS codes will be sent for logging in and authorising operations Account operations. Once you have registered on the EMPS website and obtained EMPS’ consent, you must provide us with a deposit of the amount agreed in the agreement between the parties to secure the costs of maintaining your Account. If the deposit is not transferred within 10 days of signing the Agreement, any arrangements between you and EMPS will cease to apply.
4.4. You may only open one e-money Account unless you have our explicit consent in writing to open additional Accounts (for the avoidance of doubt: each active Voucher represents one e-money Account in the system).
4.5. Your e-money account may deal with the currencies enabled for your account out of all the currencies available to you on the EMPS website.
4.6. You will be obliged to provide Information as requested by EMPS either directly or via a Distributor during the signup process or otherwise requested by EMPS directly or via a Distributor from time to time which must be accurate and truthful.
4.7. In order to access your newly opened e-money account and use the Services, to the email address you provided during the registration process, you will receive a return verification email from EMPS with a link to activate your account. By entering the link, the User confirms the previously provided account login details and the correctness of the email address. It is required to approve it by the SMS code sent to the mobile phone number previously provided by the User or the PIN code when logging in using the QR EMPS Voucher or EMPS Smartcard to which the User will be able to set the PIN (Personal Identification Number) for security purposes. Setting the PIN code during the first use of the system for registered Users is mandatory and setting it for Non-verified Users is optional. After this step, the User is redirected to the Account logging page.
4.8. All balances and amounts on the EMPS website shall be displayed in the currencies enabled for your e-money Account.
4.9. Currency exchange transactions and the conversion of limits maintained by EMPS will be carried out at EMPS real-time exchange rates based on a comparison of publicly announced exchange rates of banks and commercial payment institutions, at a rate favourable to the customer, and the User must agree to the proposed conversion rate. If you send a payment in a currency other than your account currency or if you withdraw money in a currency other than the currency of the country of the bank account to which the withdrawal is being made, the Service will normally automatically convert the amount in the source currency into the amount in the target currency or into the amount in the currency of the bank account to which the withdrawal is being made and calculate the applicable fee for such conversion. You will be notified of the currency exchange rate and the amount of the fee that will be charged. Such information will be followed by currency conversions in the Service, if requested by you. You may set a limit on the amount up to which you can exchange the currency automatically without prior authorisation from us. In the event of a higher amount being exchanged, EMPS must be informed of such intention and the set limit must be increased.
4.10. In order to log in to the Partner’s website and use the services, for security reasons, the User assigns an individual email address and password to the account and is also required to provide a current mobile number to which he will, in a secure manner, receive verification SMS codes. In order to set up an electronic money account at www.paymenticon.com, the User assigns an individual email address, password and mobile number to the account.
5. UPLOADING E-MONEY
5.1. You can upload e-money to your Account by visiting a Distributor or alternatively by visiting the EMPS website, logging into your e-money account and following the relevant uploading instructions. Notwithstanding clause 5 below, we shall not be responsible for the upload until the funds are received by us. The User Account must have a positive balance.
5.2. You will be asked to confirm the payment transaction with multi-factor authorization (SCA), which means that despite logging in correctly, you will be asked to enter a PIN code or an SMS code you will receive to the previously given phone number.
5.3. Negative balances in your e-money account are not permitted. A reversed transaction resulting in a negative balance in your e-money account will constitute a breach of these Terms and Conditions and you will be required to immediately repay such negative balance by uploading sufficient e-money into your e-money account and/or by making a corresponding payment directly to EMPS at the sole discretion of EMPS. Failure to do so shall likewise constitute a breach of these Terms and Conditions. Repayment of the negative balance is due immediately without notice. We reserve the right, at any time, to send you reminders or to take other debt collection measures including but not limited to resorting to legal measures. Furthermore, we reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts.
5.4. Uploaded e-money will be credited to your e-money account after the funds have been received by EMPS. When requesting a payment by bank transfer, remember that the title of the transfer should contain the recipient’s wallet reference number at the beginning. If the transfer has no number in the title, the funds will be returned to the User after 14 days.
5.5. Uploads and withdrawals may be subject to per upload/withdrawal and/or cumulative upload/withdrawal limits due to security and legal requirements in particular in terms of anti-money laundering. These limits are set dynamically depending on your verification status and the upload method you want to use. You should be aware that depending on your verification status your upload limits may be higher than your withdrawal or spending limits. You can view these limits at any time in the relevant section of your e-money Account profile.
6. SENDING E-MONEY PAYMENTS – SPENDING
6.1. Payments may only be made to Merchants approved by EMPS.
6.2. Before a Payment Order for a payment is executed, it must be authorised by you. After logging in to the User Account by providing the email address and password, the second stage of payment authorization takes place, it is required to be approved by an SMS code, sent to the mobile phone number previously provided by the User, or by PIN code in case of logging in with a Voucher. We may also require that you answer additional security questions relating to you or your e-money Account. If your e-money Account is protected by additional security measures you need to follow the instructions provided to you with such additional security measures.
6.3. Once a payment is made to a Merchant, the e-money will be instantly uploaded to the e-money Account associated with the Merchant. Once electronic money is credited to the Merchant’s e-money Account, the Transaction becomes completed and the User may not cancel the Transaction.
6.4. Payments are subject to payment limits due to security and legal requirements. These limits are set dynamically depending on your verification status and whether the Account is a Non-verified Account or a Registered Account. You can view these limits at any time in your e-money account profile. You should ensure that your limits are sufficient to cover the payment you intend to make. Furthermore, please note that the recipient of the payment may also be subject to deposit and withdrawal limits, and this may affect his access to the electronic money you intend to send to him.
6.5. If EMPS feels in its sole discretion that a payment contains a high level of risk or exposure associated with your e-money Account, EMPS may in its sole discretion place a hold on such payment or any other payment. When this occurs, EMPS shall best endeavour to inform the User concerned as to how long such hold will last and the necessary measures that would need to be taken by the User to have the hold removed.
7. ELECTRONIC MONEY TRANSACTIONS
7.1. Electronic Money Transactions are indicated as Pending, Completed, Failed or Cancelled:
a. “Pending” indicates that a Transaction is currently undergoing review by EMPS and may only be completed or settled (following dispute/claim), at the option and sole discretion of EMPS. “Pending” may also indicate that the Transaction is awaiting account confirmation or settlement from a third party.
b. “Completed” indicates that a Transaction has cleared and the e-money are available in the User’s e-money Account. For the avoidance of doubt, if EMPS has a suspicion that the Transaction is related to a restricted or prohibited business or activity or that the Transaction is the result of fraudulent activity or a fraud, EMPS may reverse or refund the Transaction at any time.
c. “Cancelled” indicates that a Transaction has been stopped by the User or blocked by the system or reversed. This could be due to inaccurate or incomplete Information about your Account, our inability to validate the legitimacy of a payment, or a User, or another proprietary reason. You may contact Customer Service or Distributor for more information. Although payments are cancelled, the return of funds to the User’s bank account may not be immediate, and EMPS cannot guarantee availability within a specific timeframe.
d. “Failed” indicates that a Transaction could not be processed due to inaccurate Information regarding your Account, insufficient funds or other error in the execution of the transaction.
7.2. EMPS reserves the right to limit or restrict Transaction size or volume at any time. If you would like to increase your limits, please contact Customer Service or a Distributor. Upon receiving this request, EMPS will conduct a review of your Account, and decide whether to lift or remove these limits.
7.3. We reserve the right to block any of your Transactions or Payment Instruments, also without prior notification, on reasonable grounds relating to the security of the e-money account or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of your Account has occurred and also if any of its security features have been compromised or also in the event of any suspicion as to money laundering or breach of relevant legislation.
7.4. The Payment Instrument will be unblocked or replaced with a new one once the reasons for blocking no longer exist.
7.5. A Transaction will be unblocked once the reasons for blocking no longer exist.
7.6. We will notify you of blocked Transaction or Payment Instrument in advance on the EMPS website or, where we are unable to do so, immediately after a block has been imposed, unless notifying you would be unlawful or contradictory or threatening to the transaction security rules implemented by EMPS.
7.7. If you consider blocking of a Transaction or Payment Instrument as inappropriate, you will still be able to log in to your Account and determine the cause of action of EMPS through access to secure online communication or contact the Customer Service Department. You should seek information about any restrictions imposed on your Account and EMPS (if permitted) will provide you with appropriate explanations of the restrictions and the procedure for removing them.
7.8. The User may submit a Claim concerning the Service to the Customer Service Department, 24/7 online, or by telephone during the hours indicated on the EMPS websitel. You may make a Claim at any time up to thirty (30) days from the date of the Transaction. Claims resolved in favour of the User may result in a reversal of the disputed Transaction.
8.1. You can request a withdrawal of all or part of the E-money held in your e-money Account at any time. Withdrawals may be made by visiting a Distributor or in one or more of the additional withdrawal methods made available to you on the EMPS website. Withdrawals by bank transfer, if available, are payment services provided, at least in part, by third party financial institutions. We do not guarantee the availability of any particular withdrawal method and may make changes to or discontinue a particular withdrawal method at any time without following the procedure set out in clause 17 as long as there is at least one withdrawal method available to you. Where the withdrawal payment is received by you through the involvement of a payment service provider (such as the bank where you hold your bank account), we shall not be responsible for the withdrawal payment beyond the point in which the withdrawn e-money are received by your payment service provider.
8.2. Your e-money account is subject to withdrawal limits. It is dictated by the User safety rules, EMPS and legal regulations in order to prevent unauthorized withdrawals, fraud and money laundering. Limits are subject to change depending on the course of the User’s verification process, the documentation for identification provided by the User and the type of Account. You can view your withdrawal limits at any time in your Account profile. Before uploading any E-money into your Account, you must ensure that your current withdrawal and spending limits meet your withdrawal and spending requirements as you are not allowed and will not be able to exceed these limits. The above does not apply to Business Accounts.
8.3. If your withdrawal request exceeds the current limit, we will decline your request and may recommend that you upgrade your Account in order to remove and/or modify the said current limits and/or that additional Information is provided and verified.
8.4. EMPS may allow you to make cash withdrawals from your Account through a Distributor. Daily cash withdrawal (Over the Counter or from DTM at Distributor’s premises) may be limited depending on the availability or otherwise of cash at the Distributor or in the DTM. In the event that cash is not available for withdrawal, the Distributor will indicate the earliest possible withdrawal date which date shall not be longer than two (2) working days following the withdrawal request.
8.5. Without prejudice to Clause 9.4, the maximum value of a daily withdrawal into cash (Over The Counter or from DTM at Distributor’s premises) per calendar day is equivalent to EUR 5000. If you require a higher value withdrawal, you must inform the Distributor about the requested withdrawal value and currency and the Distributor will indicate the earliest withdrawal date of at most 2 working days after this notification.
8.6. Withdrawals are subject to redemption fees as set out in clause 10.
8.7. You must execute withdrawals from your e-money Account via methods made available to you. Withdrawals are to in all cases be made to you directly or to an account with a financial institution held in your name. We take any attempt of violation of this requirement very seriously and will treat any attempt to use any Information of which you are not the named holder as a fraudulent act. Without prejudice to claiming further damages, if we are required to investigate a withdrawal to a bank account that is not in your name, we may charge an administration fee as stated on EMPS website.
9.CLOSURE OF YOUR ACCOUNT
9.1. You may close your e-money Account at any time by making such a request to EMPS using the Contact Form. Provided that an account may only be closed if all E-money has been previously withdrawn from the Account.
9.2. We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or other illegal activity checks before authorising any withdrawal of your E-money.
9.3. At our sole discretion, we may close your Account by providing you with one (1) month prior notice. We may also close your Account and terminate the Agreement at any time where if:
b. We have reasonable suspicion of money laundering, fraud or other illegal activity;
c. perform activities that may damage the business reputation of EMPS or the legitimate interests of third parties;
d. there are no funds on the User’s Account to cover the monthly fees for six consecutive months, the account will be closed until the payment is settled;
e. if within 30 days from the date of opening the Account, no funds are available on the User’s Account to collect Account opening fee, the Account will be closed until the payment is made.
If we close your Account, we will provide you with notice of Account closure on the EMPS website and where practicable, the reasons for closing your e-money account together with the ability to withdraw any e-money that we are holding ( if they are not a part of any dispute). Notices will be accessible after login.
9.4. In the event that we suspect that your e-money account has been accessed without your authorisation, we may also suspend, or limit your access to your Account or the Services (such as limiting access to any of your E-money, and your ability to send money, make withdrawals, or remove financial Information). If we otherwise limit access to your Account, we will provide you with notice and opportunity to request restoration of access if appropriate.
9.5. Transactions that have been undertaken and any fees accruing before the request for the closure of your Account (including those Transactions that are not revocable and have been initiated but not finalised before closure of your Account) will not be refunded.
10.1. Any fees related to the Services may be viewed at any time in the “Fees” section of the EMPS website: https://paymenticon.com/en/individual-wallet-paymenticon/
For clarity, the “Fees” section of the EMPS website forms part of these Terms and Conditions. Fees are subject to change from time to time. Under certain circumstances we may charge additional fees as set out within these Terms.
10.2. Fees payable by you will be deducted from your e-money Account balance and you hereby authorise us to do the same prior to withdrawal of the E-money. Reversals or any other payments due by you may at our option be deducted from your e-money Account when incurred.
10.3. In the case that twelve (12) months have passed since the last operation, the User has to bear a monthly service fee, as specified in the ‘Fees’ section of the EMPS website. Fees will be charged until the funds on the User’s Account are cleared. In case of lack of funds on the Account, it will be automatically closed, because the balance cannot be negative.
11. REPRESENTATIONS AND WARRANTIES OF THE PARTIES
11.1.1. In order to obtain positive verification and to be able to use our Services, you must ensure that all of the following criteria are met:
a. You are a resident in a country which allows the use of our Services without any reservations;
b. You are not a legal person;
c. You are at least 18 years of age, have full legal capacity and do not need the consent or permission of any other natural or legal person to undertake and conclude any of the contractual obligations contained in these Terms and Conditions;
d. You do not permit or authorize any other person or entity to use our Services through your e-money account;
e. Your execution of and performance under these Terms in no way violate any legal obligation of the Merchant, including any agreement between or among Merchant(s) and any third party(ies);
f. You maintain the value and reputation of EMPS to the best of your ability;
g. You conduct your business affairs according to the terms and intent of these Terms and in compliance with all applicable laws and regulations;
h. You do not use our Services for any activities considered fraudulent, criminal or illegal under any laws or regulations in any applicable jurisdiction;
i. You transmit to EMPS only Information and data that has been collected and transmitted in full compliance with all applicable personal information laws, such as applicable laws concerning the storage or transfer of personal information, including, but without limitation, the Data Protection Act, Chapter 440 of the Laws of Malta and the General Data Protection Regulation (GDPR) . You agree that this data and information may be provided to Merchants when it is necessary and required for the performance of the Service and for the Merchant’s provision of Services to you;
j. You will refrain from using abusive and vulgar language when contacting EMPS and/or Distributors. Abusive conduct will not be tolerated and could result in closure of your e-money Account; and
k. You are in all material respects in compliance with and have at all times been, to such extent, in compliant with, and are not in material default or violation in any respect of any applicable law (including any regulation, permit or ordinance affecting any aspect of its business operation).
l. If you wish to use the services of a Merchant and the necessity to send your data from the portal occurs, you agree to the transfer of your personal data to the operator of the Merchant’s website. Moreover, you agree to indicate the bank account assigned to you in the IBAN format in the EMPS system as your bank account in the Merchant’s system.
11.2.1. This website, the Service and the information and any content contained herein are provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. Without limitation of the foregoing, EMPS and its subsidiaries, agents and their respective employees, contractors, directors, officers and shareholders and the Distributors, specifically disclaim any and all warranties, including but not limited to:
1) the availability, accuracy, integration, appropriateness, reliability, completeness or timeliness, usefulness, arising from trade usage or course of dealing or course of performance, or otherwise of this website or the site content thereon;
2) security, smooth operation, the absence of delays or suspension, the unchanging or correctness of this website or other EMPS’ sites; and
3) the implied warranties of quiet enjoyment, merchantability, merchantable quality, fitness for a particular purpose, title, informational content, non-interference and non-infringement.
11.2.2. EMPS makes no warranties that the materials and provisions contained within this website are appropriate for any and all countries which you might be making use of the Services from. If you use this Service from locations outside Malta, you are solely responsible for compliance with the applicable laws of that jurisdiction.
11.2.3. EMPS provides assistance and guidance to users, where needed, with regard to the secure use of the internet payment services (including all questions, complaints, requests for support and notifications of anomalies or incidents regarding internet payments and related services) on https://paymenticon.com. Should User need to contact EMPS they should use the Contact Form accessible after login. The user should always ensure that the URL contains https:// prefix. Any message on behalf of the EMPS via any other means, such as e-mail, which concerns the correct and secure use of the internet payment service, should not be relied upon.
11.2.4. In the event that EMPS provides or displays any third party hyperlinks or URLs they would only be provided for your convenience and EMPS is not responsible in any way for such third party websites.
11.2.5. EMPS reserves that any action it takes at any time are taken in good faith and in accordance with the objectives of these Terms and Conditions.
12. PRINCIPAL OBLIGATIONS OF THE USER
12.1. You must take all reasonable steps to keep your Account PIN, any EMPS QR Voucher, EMPS Smartcard and your email and password login details and access to SMS codes are safe at all times and never disclosed to anyone. EMPS will never ask you to provide your login or PIN to us or to a third party. Any message you receive or website you visit that asks for your PIN, other than the EMPS website or through a terminal found on the Distributor premises, should be reported to us. If you are in doubt whether a website is genuine, you should contact our Customer Service. We advise to change your account PIN and password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to your Account. You should never allow a third party to access your Account or to let a third party observe you when you log in to your Account.
12.2. You acknowledge that for security reasons, the EMPS QR Voucher is invalidated after six (6) months from the date of issuance or upon issuance of a new QR voucher associated with the given Account whichever event occurs earlier. Similarly, an EMPS Smartcard is invalidated after twenty four (24) months from the date of issuance or upon issuance of a new EMPS Smartcard associated with the given Account, whichever event occurs earlier. Furthermore, five (5) consecutive failed log-in attempts within 24 hours shall also result in the invalidation of your PIN and the possibility to log in to your Account by email and password. It will be automatically reactivated at 00:00 the next calendar day.
12.3. To reactivate the account earlier than the automatic procedure or to set up a new account PIN or password you must contact Customer Support, where your identity will be checked and the personnel will reactivate your account and when requested, they will enable you to set up a new PIN or password on the next use of the system.
12.4. Your PIN code, password and/or phone number used for verification may be changed by logging in, requesting the change and providing your old PIN on the EMPS website or by contacting a Distributor.
12.5. If you have any indication or suspicion that your e-money Account, login details or other security feature has been or is being lost, stolen, misappropriated, used without authorisation or otherwise compromised, you are advised to change your PIN or your online login details – password and/or phone number (in case of losing your phone). You must contact Customer Service or a Distributor without undue delay on becoming aware of any loss, theft, misappropriation or unauthorised use of your e-money Account, login details or other security features. In any such event, which is not due to the fault of EMPS, will result in you being liable for any losses as a result. If you suspect that your e-money Account was accessed by someone else, you should also contact the law enforcement authorities of your country and report the incident.
12.6. You are obliged to report to EMPS any (suspected) fraudulent payments, suspicious incidents or anomalies during the internet payment services session and/or possible social engineering attempts. You may do it using the contact form located on https://paymenticon.com, available after logging in. EMPS may also notify you as to any (potential) fraudulent transactions or as to any warnings of attacks (eg phishing emails) via the EMPS website.
12.7. We may suspend your access to the e-money Account or otherwise restrict its functionality on reasonable grounds relating to the security of the e-money Account or any of its security features or if we reasonably suspect that an unauthorised or fraudulent use of your Account has occurred or that any of its security features have been compromised. We will notify you of any suspension or restriction and of the reasons for such suspension or restriction in advance on the EMPS website or, where we are unable to do so, immediately after the suspension or restriction has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. Notices will be accessible after login. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
12.8. All reasonable care must be taken to ensure that your e-mail account and phone number are secure and only accessed by you, as your e-mail address and phone number may be used to communicate with you about the security of your e-money account or about your login details. In case any of the e-mail addresses/phone numbers registered with your e-money Accounts, if any, are compromised, you should without undue delay after becoming aware of this, contact Customer Service or Distributor and also contact your e-mail service provider/mobile telephone operator as soon as you become aware of the breach.
12.9. You must always ensure that your login details are not stored by the browser or cached or otherwise recorded irrespective of whether you are using your own personal computer, at home or at work or using a public computer. You should never use any functionality that allows sensitive information to be stored by or on the computer you are using.
12.10. On the operating system on the device from which you are accessing the Services you should use security protecting tools such as e.g. antivirus software, firewalls. If you are connecting to the EMPS website via any internet browser, please make sure the connection is secure. You do that by checking the colour of the padlock that is placed before the webpage address. If the padlock is green the connection is secure.
13. RESTRICTED ACTIVITIES
a) Breach in any form the provisions of these Terms;
b) Breach any law, statute, contract, or regulation (for example, those governing financial services including anti-money laundering, anti-discrimination, consumer protections, false advertising, or unfair competition);
c) Infringe EMPS’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
d) Provide false, inaccurate or misleading Information;
e) Fail to respect the right of EMPS to request additional Information about you or your business activities that we may ask for, acknowledging that the lack of such information may result in the suspension or cancellation of transactions or disruption/prevention of access to the Services;
f) Not use the system for any unlawful, invasive, infringing, defamatory or fraudulent purpose, in particular in connection with unlicensed gaming platforms, the brokering of medicines and pharmaceuticals, dating sites, weapons and other licensed activities in the jurisdiction in which it operates;
g) Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
h) Impersonate any person or entity or falsely claim an affiliation with any person or entity;
i) Attempt to undertake or be undertaking any action which could amount to unjust enrichment during the course of a Dispute by receiving or attempting to receive funds from both EMPS and the Merchant, or bank for the same Transaction;
j) Act in a manner that is offensive, defamatory, libellous, unlawfully threatening or unlawfully harassing;
k) Use an anonymising proxy;
l) Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
m) Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Fees, fines, penalties and other liability to EMPS, a third party or you;
n) Cause EMPS to receive a disproportionate number of Claims that have been closed in favour of the claimant regarding your Account or business;
o) Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the Services;
p) Use your Account or the Services in a manner that EMPS, or our bank acquirer and/or payment processors reasonably believe to be an abuse of the bank’s reversal process;
q) Allow your Account to have a balance reflecting an amount owing to us;
r) Access the Services from a restricted territory;
s) Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
t) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
u) Facilitate any viruses, Trojan horses, worms, denial of service attacks or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
v) Use any robot, spider, other automatic device, or manual process to monitor or copy the EMPS website without our prior written permission;
w) Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the Services;
x) Copy, reproduce, communicate to any third party, alter, modify, create derivative works, publicly display or frame any content from the EMPS website(s) without our or any applicable third party’s written consent;
y) Take any action that may cause us to lose any of the services from our third party service providers;
z) Reveal your Account login details to anyone else, nor may you use those of anyone else’s. We are not responsible for losses incurred by you including, without limitation, the use of your Account by any person other than you, arising as the result of misuse of login details, including the SMS or PIN code and password; or
aa) Do/omit to do, or attempt to do/omit, any other act or thing which may interfere with the proper operation of the Service or activities carried out as part of the Services or otherwise than in accordance with the terms of these Terms.
14. LIMITATION OF LIABILITY
14.1. In case of a Claim arising from a payment that was incorrectly executed due to an error by us, we shall, in the event that we at our sole reasonable discretion agree that the execution was incorrect, at your request immediately refund the payment amount including all fees deducted therefrom.
This shall not apply:
a. Where the Claim arises from your failure to keep security information of your e-money account, such as login or authentication details, EMPS QR Vouchers or EMPS Smartcards, safe in which case you shall remain liable;
b. If you fail to notify us without undue delay of any loss of your login or authentication details, EMPS QR Vouchers or EMPS Smartcards, or other event that could reasonably be expected to have compromised the security of your e-money Account after you have gained knowledge of such event in which case you shall remain liable for losses incurred up to your notification to us;
c. The transaction was not authorized and the User caused a threat to the security of his/her electronic money account as a result of gross negligence; or
d. If you fail to dispute and bring the unauthorised or incorrectly executed Transaction to our attention within six (6) months from the date of the Transaction, you shall be solely liable for any damage caused.
14.2. You are asked to check the Transactions history of your e-money Account regularly and frequently and to contact Customer Service or Distributor immediately in case you have any questions or concerns.
14.3. In the event of any mistake leading to an incorrect or misdirected payment, we shall take reasonable measures to assist the User with tracing and recovering such payments. The information and explanations regarding the User’s conduct and security rules are for information and support purposes only. EMPS makes no guarantees and is not responsible for the full effectiveness of the User’s security procedures used by the User.
14.4. Subject to the foregoing, EMPS shall not be liable for any disruption or impairment of our Service or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations hereunder, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.
14.5. EMPS shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.
14.6. Liability for any losses or damages as a result of the Service shall not exceed an amount equal to the Fees paid to EMPS in the twelve (12) months preceding the event that gave rise to any claim of liability.
14.7. Nothing in these Terms shall operate to exclude liability for death or personal injury due to negligence or for fraud or fraudulent misrepresentation or for any statutory liability that cannot be excluded.
14.8. Our obligation under these Terms is limited to providing you with an electronic money account and other intrinsic e-money payment services and we do not make any statement in relation to or endorsement of the quality, safety or legality of any goods or services provided by a User.
14.9. EMPS shall not be liable for the assessment or payment of any taxes, duties or other charges that arise from the underlying commercial Transaction between you and Merchant and/or another User.
14.10. You agree to defend, reimburse or compensate us and hold us and our other companies in our corporate group harmless from any Claim, demand, expenses or costs (including legal fees, fines or penalties) that we incur or suffer due to or arising out of your or your agents’ breach of these Terms, breach of any applicable law or regulation and/or use of the services. This provision shall survive termination of the relationship between you and us.
14.11. EMPS makes no representations or guarantees regarding users utilizing our Service. Any use of our Services in no way represents any endorsement by EMPS of a user’s existence, legitimacy, competence, ability, policies, practices, or beliefs. EMPS does not have control of or hold any liability whatsoever, for goods or services that are paid for through the Services.
15. FORCE MAJEURE
15.1. EMPS shall not be liable for any economic loss, delay or failure in performance of any part of this agreement to the extent that such loss, delay or failure is caused by fire, flood, explosion, accident, war, strike, embargo, governmental requirements, civil and military authority, Act of God, civil unrest, data trespass, inability to secure materials or labour, action of the User or any other cause beyond EMPS’s reasonable control.
16.1. At any time, for important reasons, EMPS may amend, delete or add to these Terms and Conditions, including the Fees and other amounts which apply to your Account (an “Amendment”) by giving notice of such Amendment by posting a revised version of these Terms on the EMPS website/websites. Any stylistic and changes to the content of the Regulations, as well as changes in data registered by EMPS, which do not affect the User’s rights and obligations in any way, shall not be considered a change to the Terms within the meaning of this paragraph.
16.2. The User will be notified of changes in the Terms by email. By logging onto the EMPS website after the date the email was received, the User expresses implied consent and acceptance of the amended Terms.
16.3. A User who does not agree with the changes to the Terms has the right to terminate the Agreement without paying any fees. At the latest on the date of termination of the Agreement, the Account Holder is obliged to pay the fees and commissions due to EMPS. The User may close the Account at any time and free of charge (in addition to any fees for the withdrawal of electronic money held in that Account), but should be aware that one may be obliged, after closing the Account, to any charges the User may have caused and for which one is responsible prior to closing the Account, in particular, those under Section 10.
17. INTELLECTUAL PROPERTY RIGHTS
17.1. The User acknowledges that any and all of the copyright, trademarks, trade names, patents and other intellectual property rights subsisting in or used in connection with the Services shall be and shall remain the sole property of EMPS or such other party as may be identified from time to time. User shall not, throughout the duration as well as after the termination of these Terms (whether in whole or with respect to support only), question or dispute the ownership by EMPS or such mentioned other party.
17.2. EMPS and the User agree and acknowledge that these Terms provide the User with a right to use the EMPS system but not to use or in any other way expose the EMPS logo or any other intellectual property of EMPS unless otherwise specifically agreed to in writing. In the event the User reasonably needs to use intellectual property owned by EMPS, the User shall submit a written request containing the reasoning for the same to EMPS.
18.1. Whenever possible, each provision of these Terms shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of these Terms.
19.1. The interpretation of these Terms and Conditions shall not be affected by its headings.
20. ENTIRE AGREEMENT
21. APPLICABLE LAW AND JURISDICTION
21.1. This Agreement and the rights and obligations of the Parties hereunder shall be governed by and construed in all respects in accordance with the Laws of Malta.
21.2. The Parties hereby undertake and agree that any dispute, controversy or claim which any of them may have under or relating to this Agreement (including, without limitation, any dispute, controversy or claim relating to the existence, validity or termination of this Agreement) which shall not be possible to resolve amicably, shall be referred to the Malta Arbitration Center for resolution in accordance with the Arbitration Act, Chapter 387 of the Laws of Malta. The arbitration tribunal shall be composed of a single arbitrator to be appointed by the Chairperson of the Malta Arbitration Centre which shall conduct its proceedings in Malta in accordance with the Rules of the Malta Arbitration Centre as may from time to time be in force. The award shall be final and binding upon the Parties. Nothing in this Agreement shall limit the Parties’ right to enforce an arbitration award in any applicable competent court of law, according to the jurisdiction of Malta.
22. PERSONAL DATA PROTECTION
22.1 EMPS as the Controller of personal data of Users/Account Holders/Partners undertakes technical, physical and administrative actions aimed at ensuring proper protection of User Personal Data against loss, improper use, as well as unauthorized access, disclosure and change. Appropriate security measures are applied, such as firewalls, data encryption, physical access control to databases and authorisation control of access to information.
22.2 Information on data protection rules:
a. The Controller of personal data of the User / Account Holder / Partner is EMP Systems Limited with its registered office in Malta, Parthenon Building, Hughes Hallet Street, SLM 3141, Malta, entered into the Register of Entrepreneurs under number C 64728.
b. Personal data may be processed for the following purposes: concluding and performing the Agreement, verifying the User, creating an Account, performing any Services available on the EMPS website(s), direct marketing of EMPS’ own products or services, including analytical purposes (including the use of profiling), statistical and internal reporting of EMPS, handling complaints, ensuring the security of legal and business transactions, asserting claims, archiving.
c. EMPS may process the personal data of the Account Holder for the purpose of direct marketing of its own products or services pursuant to Article 6(1)(f) of the General Data Protection Regulation (GDPR).
d. EMPS may process and store personal data for up to 12 years from the date of expiry of its contractual obligation for the purposes of applying internal methods and other methods and models referred to in Part Three of Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1, as amended).
e. In order to properly provide EMPS Services, it may be necessary to provide certain collected information to other entities related to EMPS (including those within the scope of the EMPS Capital Group and external entities) responsible for conducting electronic transactions.
f. You acknowledge that EMPS has the right and obligation to disclose data and information about you to the competent authorities and administrations of each country. By using the Services, you consent to the transmission of such information for the purposes of providing EMPS Services. In particular, you agree to disclose required information to the police and other law enforcement agencies, security services, authorized governmental institutions, intergovernmental institutions, market regulators and industry regulatory and other organizations.
g. EMPS and its affiliates may share requested information (including, but not limited to, information collected by Financial Crime Agencies, MFSAs and others) and access and use such information (including information from other countries) to ensure the security of trading and to assist other Users of the financial market in risk assessment and management (including, but not limited to, the prevention of fraud, money laundering and terrorist financing).
h. EMPS has the right to disclose required information to payment processors, auditors, customer service providers, credit reference and financial crime agencies, financial product providers, commercial partners, marketing and public relations service providers, operational service providers, agencies, trade services. The purpose of such disclosure is to enable EMPS to provide you with the Services. Unless expressly stated otherwise, these entities may not use this information for purposes other than those for which it was made available to them under applicable laws and contracts.
22.3 The User has the right to access the content of his or her data and to rectify, supplement, update, transfer, limit and delete them.
22.4 The User’s obligation to provide personal data results from legal regulations and is consistent with the objectives and assumptions of the concluded Agreement. Providing personal data is a condition of concluding the Agreement. If you do not provide personal data, it is not possible to conclude the Agreement. Providing personal data for marketing purposes is voluntary.
22.6 If you need more information or help with your personal data, please contact our Data Protection Officer at [email protected]