Terms & Conditions
Read our Terms & Conditions
TERMS AND CONDITIONS EMP Systems Limited
1.1. These Terms and Conditions are a contract between you (“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 applies to your use of the Services. By registering for the Services, you must read, agree with and accept all of the terms and conditions contained in these Terms. These Terms and Conditions are provided to you and concluded in English. You agree that any use by you, directly or indirectly, of the Services shall constitute your acceptance 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 under the Financial Institutions Act in accordance with the European E-Money Directive (2009/110/EC).
2.2. The platform provides a means for individuals and companies to purchase electronic money and provides a secure method of making payments for the supply of products and services.
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“Account” or "e-money Account" means the Account where E-money is uploaded, held or withdrawn in the use of the Services, including Anonymous Accounts and Registered Accounts;
“Anonymous Account” means an Account opened for a user anonymously without providing due diligence information the use of which Account is subject to specific restrictions and limitations;
“Amendment” shall have the meaning given in clause 16;
“Balance” means any electronic money being held in the e-money account;
“Business Days” means a day (other than a Saturday or Sunday) 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;
“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;
“Customer Service” shall mean EMPS’s customer support which can be accessed online via the channels described on the webpage 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, password; (3) email adress and password;
“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;
“Payment Instrument” shall strictly mean cash payment or bank transfer;
“Payment Order” means an instruction validly made by you to us requesting the execution of a payment transaction;
“Registered Account” means an Account opened in the name of a User following the provision of relevant due diligence information;
“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;
“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; and
“Unique Identifier” means for the purpose of sending an EMPS payment: 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 Registered Account and make use of the Services provided by EMPS, you shall be asked to verify your identity through the provision of information and documentation.
4.3. It is also possible to use our Services by opening an Anonymous Account which would have limited use by purchasing specific EMPS QR Vouchers for anonymous Users (would not need to provide due diligence documentation). The act of purchasing these specific EMPS QR Vouchers shall be deemed to be consent by that individual to abide by these Terms and Conditions.
4.4. You may only open one e-money Account unless you have our explicit consent in writing to open additional Accounts (for avoidance of doubt: each active Anonymous Account 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 to use the Services an EMPS QR Voucher or an EMPS Smartcard shall be issued for you and you will be able to set up the PIN (Personal Identification Number) for security measures. It is obligatory for You to set up your PIN upon the first use of the system for Registered Accounts and it is optional to set it up for Anonymous Accounts.
4.8. All balances and amounts on the EMPS website shall be displayed in the currencies enabled for your e-money Account.
4.9. Foreign exchange transactions and calculations of limits maintained by EMPS will be performed using foreign exchange rates provided by EMPS.
4.10. In order to log in to the Partner's website and use its services, the User sets up an individual email address and password to the account, for security measures. To open an electronic money account on the website www.paymenticon.com, the User assigns an individual email and password 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 this clause 5 below, we shall not be responsible for the upload until the funds are received by us.
5.2. You will be asked to scan or manually input your QR code from the EMPS QR Voucher, or insert your EMPS Smartcard (to chip or QR code reader) and PIN or to complete other activities that we may reasonably require to ensure proper authorisation of an upload transaction into your account.
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 us.
5.5. Uploads may be subject to per upload and/or cumulative upload limits due to security and legal requirements. These limits are set dynamically depending on your verification status, the upload method you want to use and whether the Account is an Anonymous Account or a Registered Account. 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. For the avoidance of doubt, payments may not be made to Account holders who are not Merchants.
6.2. Before a Payment Order for a payment is executed, it must be authorised by you by scanning the QR Code or EMPS Smartcard chip and, if applicable, inputting your PIN. 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 an Anonymous 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.
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 determines that the Transaction is related to a restricted or prohibited business or activity or that the Transaction is the result of fraudulent activity, 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 E-money, or for any other Transaction-related reason.
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. EMPS will make this determination at its sole discretion on the consideration of a variety of factors.
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 or that any of its security features have been compromised or 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 block has been imposed, unless notifying you would be unlawful or compromise our reasonable security interests. Notices will be accessible after login.
7.7. If you consider blocking of a Transaction or Payment Instrument as inappropriate, you may file a complaint and bring a claim with adequate justification in accordance with clause 11.2.3.
7.8. Users may bring a Claim at any time up to thirty (30) days from the date of Transaction. Disputes resolved in favour of the User may result in 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 per Transaction and/or cumulative withdrawal limits. These limits are adjusted dynamically depending on the type of identification documentation you have provided to us and whether the Account is an Anonymous Account or a Registered 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.
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. 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 5000EUR. 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 channels made available to you by EMPS at its sole discretion. 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 at our sole discretion.
9. CLOSURE OF YOUR ACCOUNT
9.1. You may close your e-money Account at any time by making such 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 at our sole discretion by providing you with one (1) month prior notice. We may also close your Account and terminate these Terms at any time where you are in breach of the terms of these Terms or otherwise if we have reasonable suspicion of money laundering, fraud or other illegal activity. 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 undisputed e-money that we are holding. 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 on the EMPS website 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. 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 event that your Account remains dormant (no redemption, payment transaction, deposit or other transaction) for a period of at least twelve (12) months, you shall begin to incur an applicable monthly fee as stated in the Fees section of the EMPS website.
11. REPRESENTATIONS AND WARRANTIES OF THE PARTIES
11.1.1. In order to be eligible to use our Services, you represent and warrant that all of the following are true of you from your entry into these Terms until the termination of their application to you:
a. You are 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 and do not require the consent or approval of any other person or entity to enter into and conclude a contractual obligation of the type represented in these Terms;
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 violates 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. You agree that this information may be provided to Merchants where required 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. You, with the intention of using the data from Paymenticon on a Merchant’s website, agree to the transfer of the personal data to the operator of the Merchants’ websites. Furthermore, the User agrees to indicate the bank account in IBAN format assigned in Paymenticon system, as his 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) any warranties concerning 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) any warranty that this website and any other websites belonging to EMPS will be secure, uninterrupted, not delayed or suspended, unchanged or error free; 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) using the EMPS website. 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 agrees to at all times, act in good faith and in conformity with the spirit of the purposes of these Terms.
12. PRINCIPAL OBLIGATIONS OF A USER
12.1. You must take all reasonable steps to keep your Account PIN, any EMPS QR Voucher, EMPS Smartcard and PIN safe at all times and never disclose them 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 PIN 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.
12.2. You must never allow anyone to access your Account or watch you accessing your Account. 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. It will be automatically reactivated at 00:00 the next calendar day.
12.3. To reactivate the account earlier than the automatic procedure referred to in clause 13.2 or to set up a new PIN you must contact the Distributor, where your identity will be checked and the personnel will reactivate your account and when requested, they will enable you to setup a new PIN on the next use of the system.
12.4. Your PIN number may be changed by logging into, 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. 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 police 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 contact form located on EMPS website after you login. 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(s) are secure and only accessed by you, as your e-mail address 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 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.
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
13.1. In connection with your use of the Services, you agree that you will not:
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 provide us with further Information about you that we may reasonably request from time to time;
f) Use the Services for any unlawful, invasive, infringing, defamatory or fraudulent purpose;
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 PIN; or
aa) Do, or omit to do, or attempt to do or omit to do, 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 agrees 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. In case the Transaction was unauthorised but you have compromised the security of your e-money Account with intent or gross negligence in which case you shall be solely liable for all losses; or
d. 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.
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 you with tracing and recovering such payments.
14.4. Subject to the foregoing, we 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. We 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. We 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. We may at any time 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. An Amendment will be made unilaterally by us and you will be deemed to have accepted the Amendment after you have received notice of it on the EMPS website and continued to make use of the Services without lodging any objection to the Amendment.
16.2. If you do not accept an Amendment, you must close your Account following the account closure procedure set out in clause 9. If you do not object to an Amendment by closing your Account, you will be deemed to have accepted it. While you may close your Account at any time and without charge (except for any fees incurred for the redemption of e-money held in that Account), please note that you may still be liable to us after you close your Account for any liabilities you may have incurred and are responsible for prior to the closing of your Account in particular, but not limited to our rights under clause 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 provides 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.