IMPORTANT INFORMATION: These terms and conditions (“Terms”) govern the use of the Card (as defined below) provided by ASTROPAY GLOBAL (IOM) LIMITED, an Isle of Mancompany with a registered office at Second Floor, Hilary House, Prospect Hill, Douglas, Isle of Man, IM1 1EQ (“AstroPay,” “we,” “us,” or “our”) to any person whose application we approve (“you” or “your”).
Please read the following Terms of the AstroPay Visa card service, hereinafter "AstroPay Card" or “Card,” which will be contained in the AstroPay Wallet, hereinafter the "Platform," owned by AstroPay, owner of the Platform and an issuer authorized by Visa and Pomelo Tecnología Perú S.A.C. (POMELO) as the BIN Sponsor.
The use of the AstroPay Wallet by the User implies acceptance of all the provisions contained in these Terms, which are both binding and mandatory. If the User does not agree with this document, they must refrain from accessing and using the AstroPay Wallet.
These Terms are also complementary to the terms and conditions (the “General Terms”) accepted by you for the usage of your Platform. In case of any inconsistency or discrepancy between these Terms and the General Terms, these Terms shall prevail.
1. Definitions:
Notwithstanding the terms defined in various sections of this document, the terms used herein with the first letter capitalized and not otherwise defined shall have the meaning attributed to them below and may be used in masculine, feminine, or neuter as well as in singular or plural interchangeably and as the context requires:
- AstroPay Account: An identification form created (consisting of an access ID and password) given to each User so they can access the AstroPay Card services. This account will be a repository of information guarded and managed by AstroPay, where all transactions and payments made through the AstroPay Card for the purchase of Goods and/or Services by the Users are recorded.
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- A virtual and physical purchase card belonging to the Platform and managed by AstroPay, used for payments, transferring balances between registered users, and as a payment method in all physical or virtual establishments that accept Visa.
- AstroClub: AstroPay’s subscription service where users will have various benefits in rates and access to exclusive products.
- “We” or “Astropay” means ASTROPAY GLOBAL (IOM) LIMITED and its successors, assigns, and affiliates.
- Visa: An international brand that authorizes AstroPay to use its brand and Card for acceptance within the network of Allies and/or Merchants that accept Visa.
- Balance: The amount available in favor of or against the Users' Card, which can be used through the Card for purchases at Allies and/or physical or online Merchants that accept Visa.
- Card Services: The set of services that AstroPay offers as a virtual and physical card, such as storing the balance for the user to pay Merchants that accept Visa, transferring balance to other Card Users, and other similar services offered through the Platform.
2. Registration:
To use AstroPay Services, Users must have a mobile device compatible with the minimum technical characteristics required by the Platform. Access to the Card will be only if Users follow the registration process for the Platform, as the Card is within it.
Users who wish to obtain the Card must provide certain additional personal information, which includes but is not limited to their full name, email, mobile phone number, address, date of birth, gender, and any other necessary information for the proper use of the Card and/or required by law or the nature of the registration.
Likewise, the User declares, acknowledges, and accepts that the personal information they register on the Card at the time of registration and at any other time will be true, accurate, current, and complete, and agrees to maintain and update this personal information on the Card when necessary.
3. Card:
The Card is a virtual and/or physical purchase card in USD found on the Platform. AstroPayServices allow Users to make purchases using the Card.
The Card is not a gift card or gift certificate nor a credit card. The Card cannot be redeemedfor cash, is not for resale, and may not be transferred or assigned. It may be canceled,repossessed, or revoked at any time without prior notice, subject to applicable law.
The Card is not designed for business use. You acknowledge and undertake to only use yourCard for purchases of goods and/or services and/or online payments. We may close yourAstroPay Account and/or your Card if we determine that it is being used for businesspurposes or any other purposes. We may refuse to process any Card Transaction that webelieve may violate these Terms and/or Applicable Law.
The Card can be used to access and spend money stored in your AstroPay Account. You canuse the Card at any location that displays the Visa acceptance mark, including shops,restaurants, online, or on the telephone. Astropay reserves the right to cancel or suspendyour Card at any time for any reason.
You acknowledge and agree that the value available to spend with your Card is limited to thefunds maintained in your AstroPay Account.
You may not use your Card or AstroPay Account to obtain cash anywhere, including anautomatic teller machine or any point of sale device.
Purchases cannot be made with the Card in establishments other than Allies or Merchantsthat accept Visa.
Users may request a physical Card through the AstroPay app, and AstroPay will arrange tosend the Card to the address Users indicate. Astropay will keep the User informed about theshipment of the Card.
Once the Card has been received by the User, the User must enable the Card through theAstropay app or contact Astropay’s customer service.
4. Card limits:
Your Card is subject to certain spending transaction limits. You can find more informationabout these transaction limitations on the website or mobile app or by contacting supportat support@Astropay.com. We reserve the right to increase or decrease your limit at anytime or add additional limitations to your use of the Card in our sole discretion without noticeto you, except as required by law, for security risk, or other reasons.
5. Card account balance:
The Card account balance consists of the funds that each User has in their account, whichis available to fulfill the functionalities specified in this document and is not subject topending transactions.
The Card account balance will not be mixed with the balance of other accounts unrelated tothe Card account.
AstroPay will consider the transaction invalid if any type of fraud is detected or reported ifthere is a systemic error that distorts the price of the offers, or if any other justified causearises. In such cases, the transaction will be canceled, the account on the Platform will bedeactivated, and a request for a refund will be made to the issuing bank of the card.
The same action will be taken with other cash-in methods as long as the provider allowsrefunds.
6. Identity Authentication:
The User hereby authorizes AstroPay, directly or through third parties, to make any inquiriesdeemed necessary to validate and/or authenticate the User's identity and accountinformation.
To ensure proper identity verification, AstroPay may require biometric, photographic, andacoustic verification as well as additional information and/or documentation about theusage or identity of the account. This may include other measures to confirm ownership ofthe email address, mobile phone number, financial details, and verification against thirdparty databases. This process is for internal verification purposes and is understood to beaccepted by the User.
7. Payment Investigation:
Payment investigation is a process by which AstroPay reviews certain transactions thatrepresent a potentially high risk.
If a payment is subject to investigation, AstroPay will suspend the payment and/or transferand notify the recipient. AstroPay will conduct a review and may cancel the payment ifdeemed necessary.
If the payment is canceled, AstroPay will promptly notify the recipient. Subsequently,AstroPay will cancel the payment and the funds will be returned to the originating accountor funding source.
8. Risk of Reversals, Chargebacks, and Claims:
When a User receives a recharge, the User is responsible to AstroPay not only for the
recharged amount but also for applicable charges in case of any claim or chargeback.
If a payment sender disputes the payment or files a chargeback claim, the debit or credit
card issuer or the issuing bank, not AstroPay, will determine the validity of the dispute and
who the payment belongs to.
Additionally, the User agrees that AstroPay may recover owed amounts by deducting from
the balance of their personal account, if applicable and determined. If there are insufficient
funds in the balance to cover the responsibility, the User agrees to reimburse AstroPay
through other means, without prejudice to constituting a default.
If AstroPay cannot recover the funds from the primary funding source in the personal card
account, AstroPay will attempt to contact the User to recover the funds from alternative
sources or may take other legal actions to collect the owed amount as permitted by law.
9. Transaction History:
The User has the right to check an account statement. They can access their account
statement by logging into their account on the Platform, where they can verify the status of
their account, including the balance, performed transfers, charges, and the concept and/or
reason for each transaction.
It is important to note that AstroPay is not a bank or any type of financial entity. AstroPay
does not provide any financial or banking services and only facilitates its Services through
the Platform to enable electronic transfers between natural persons and electronic
payments to Merchants that accept Visa through the Card.
The funds maintained by the Card or its service providers (including banking service
providers) related to transaction processing are not deposit obligations. The maintained
balance is an auxiliary function to enable credit transmission and not for any other benefit
10. Security Interest:
To ensure compliance with these Terms, AstroPay is granted a lien and security interest inthe User's account, and the User agrees to execute any additional documentation to perfectthese rights in the Card.
11. Fund Transfers from the Card and Transaction Reviews:
AstroPay has the authority to review all transactions and, if an authorized transactionrequires it, AstroPay may provide all necessary information to clarify the situation.
Reviews will include delayed, blocked, or canceled transfers; funds held by the Card; fundsapplied to a negative balance on the Card account or used to odset a loss incurred byAstroPay; suspension or termination of the account; funds seized to comply with a courtorder or other legal process; and/or funds previously received that are reversed (i.e., returnedto the sender's Card balance or to the card or bank account used to fund the payment).
Furthermore, AstroPay may take the aforementioned actions if it received a payment madefrom a stolen card, a compromised bank account, or a compromised account on thePlatform, or if a transaction prohibited by law was conducted.
In connection with our review process, the User may need to provide additional informationand/or documentation to verify their identity. Additionally, AstroPay may limit the accountand access to funds until verification is completed.
12. User Obligations:
To use the functionalities and purposes of the Card, the User must comply with the followingobligations:
Permanently download updates to the Platform.
Use the Card personally and non-transferably.
Accurately, completely, and truthfully provide personal data, adiliation accounts, andpasswords for identity confirmation and transaction authenticity verification.
Follow AstroPay’s recommendations regarding proper Card usage practices.
Periodically change passwords and security PINs for Card access and usage.
Immediately report to AstroPay the loss and/or theft of the physical Card and/or mobiledevice used with the Card.
Immediately report to AstroPay any unauthorized and/or fraudulent transactions theybecome aware of or should have become aware of.
Periodically review AstroPay’s Terms.
The User may only use the Card if they accept its Terms. If they disagree with the Card'sTerms, the User must inform their intention to discontinue using the Card and/or proceedwith its deletion from their mobile device.
The User must read and review each update made to the Terms before accepting them,which AstroPay will notify in advance.
Ensure and authorize that their personal data can remain in AstroPay databases for theperiod in which claims, information requests, reversals, and/or cancellations of paymentoperations conducted through the Platform may be presented, even after ceasing to use thePlatform and the Card.
13. User Declarations:
- The User or Cardholder must be at least 18 (eighteen) years old.
- Be a Black or Gold level AstroPay User
- All information provided to AstroPay and Merchants must be complete, accurate, valid, andtruthful, assuming responsibility for the data registered on the Card.
- Use the Card at their sole risk and expense.
- Authorize AstroPay to verify the truthfulness of their personal data, which may beconfronted, verified, and reported to Associated Financial Entities, as the case may be, inorder to perfect payment transactions and make use of AstroPay Services.
Expressly and irrevocably waive the exercise of any legal action against AstroPay or the Cardfor the following issues:
- Failures, defects, malfunctions, or improper operation of Goods and/or Services acquiredby the user using the Card at merchants accepting Visa.
- Losses, thefts, damages caused, lack of suitability in the delivery or provision of Goodsand/or Services using the Card at merchants accepting Visa.
- Matters related to advertising or misleading or inaccurate information regarding thequalities and characteristics of Goods and/or Services using the Card at merchantsaccepting Visa.
- Damages or harms caused to the User by any of the aforementioned situations. In any case,the User accepts that the corresponding legal actions must be brought against the Alliesand/or Associated Merchants or whoever is responsible.
14. Termination:
AstroPay reserves the right to limit, suspend, and/or permanently or temporarily cancel theuse of the Card in case of non-compliance with any of the provisions contained in theseTerms, as well as for security, commercial reasons, or the occurrence of events thatjeopardize the interests of AstroPay, its clients, or third parties, without entailing anycompensation in favor of the User.
The User irrevocably authorizes AstroPay to deny transactions and/or temporarily orpermanently block the use of the Card in any of the following events:
- Security measures
- In case irregularities arise in the use of the Platform;
- In the event that the User is reported in national and/or international lists as responsible orsuspected of illegal activities, including money laundering and terrorism financing;
- In any case where AstroPay, at its discretion, believes there are indications of a violation ofany law, regulation, or the Terms by the User;
- When, in the opinion of AstroPay, there are sudicient elements to believe that the Card isbeing used in connection with unusual or unauthorized operations or to transfer potentiallyfraudulent funds;
- When the User does not use the Platform for six (6) months;
- When the User does not have a Balance in the Card for six (6) months;
Unilaterally and without prior notice from AstroPay, without this generating any type ofcompensation in favor of the User.
Upon termination of Card use, for any of the aforementioned reasons, AstroPay reserves theright to prohibit access to the Platform Services, which includes, among others, deactivatingthe User and password, canceling their account, and rejecting any future access to the Card,and any other service provided by its parent, adiliates, or subsidiaries or their successors.
15. Personal Data Treatment:
In accordance with the General Data Protection Law (Lei Geral de Proteção de Dados -LGPD), Law No. 13.709/2018, AstroPay will implement all possible measures to maintain theconfidentiality and security of User information and data but will not be liable for damages,losses, or harms that may arise from the breach of these measures by third parties usingpublic networks or the internet, altering security systems to gain access to the informationof said Users.
Without prejudice to the foregoing, the use of the Card is conditioned to the free reading andacceptance by the User of the Privacy and Personal Data Protection Policies, which areavailable on the Platform, so in case the User uses the Platform, the User expresses theiragreement with the Privacy and Personal Data Protection Policies.
However, by accepting the Terms, the User authorizes AstroPay and its processors to carryout personal data processing activities for the purposes and uses inherent to the operationof the contracted services, including, but not limited to, the following:
Monitoring the operation of the App.
Preparation of statistics and reports for segmentation and market development, products,and added values for Users, Allies, and Associated Merchants.
Validating the information provided by the User, and in general, validating, consulting,processing, storing, and forwarding information related to their behavior to or towards RiskCenters and Financial Entities to conduct research and validation of information related totheir risk profile, ownership of credit and/or debit cards and/or their behavior in the financialsystem.
Maintaining support for payment transactions made through the App and monitoringcompliance with obligations arising from these Terms.
For any purpose previously informed and authorized by the holder
For the proper functioning of the App, AstroPay may use its own or third-party electronicidentification platforms. Consequently, by accepting these Terms, the User expressly andknowingly authorizes AstroPay to transmit their personal data and information to thirdparties, so that they, as processors, carry out the processing of their personal data.
With the authorization of this clause, the User authorizes freely, previously, knowingly, andexpressly AstroPay to consult control lists regarding the prevention and control of moneylaundering and terrorism financing, make inquiries to verify their identity and ownershipregarding the credit or debit cards registered as means of payment.
16. Indemnity:
The User expressly and irrevocably declares and accepts to indemnify, defend, and holdharmless employees, agents, subsidiaries, adiliates, shareholders, directors, andcommercial partners of AstroPay for any type of liability, judicial and/or extrajudicial claim,costs, expenses, losses, damages, harms (including reasonable attorney's fees) arising fromthe use of the Card and the violation and/or omission of these Terms by the User and thirdparties. Likewise, the User expressly undertakes to keep AstroPay indemnified at all timesand under all circumstances for any failures, omissions, and/or technical problems that mayarise in the use of the Card and, consequently, will not transfer any liability to AstroPay fordamages, harms, or losses resulting from any type of fraud or false or incorrect informationprovided by third parties and the User themselves.
The User expressly and irrevocably accepts that AstroPay, its shareholders, directors,managers, adiliates, and commercial partners will not be responsible under anycircumstances for the nature, quality, suitability, compliance, and in general regarding anysituation related to the sale or acquisition of Goods and/or Services by Merchants andfinancial products.
Since the use of the Card is personal and non-transferable, the User accepts and isresponsible for any use given to the Card from their mobile device that contravenes theseTerms, the Privacy and Personal Data Protection Policy, and/or any law. Consequently, theUser will be fully responsible, for the misuse of the Card, before AstroPay and third parties,for any legal process, claim, lawsuit, extrajudicial action, and/or administrative process thatAstroPay may suder against them, including all costs that may arise from damages orinjuries caused to AstroPayand/or third parties, caused by acts, deeds, or omissions of theUser and/or unauthorized third parties to use the Card during the time that the User'sadiliation account to the Platform remains valid. Any expense or cost incurred by AstroPayfor the defense of its interests or any amount that it must pay as a result of the claimsprovided for in this clause, or for any other claim derived from the breach of legal obligationsand/or the Terms by the User, must be immediately reimbursed by the User to AstroPay.
17. No Waiver:
Mere tolerance by AstroPay regarding the User's non-compliance or delay in full or partialcompliance with these Terms shall not be construed as a waiver or relinquishment of itsrights by AstroPay.
18. Communications:
You accept and agree that we may serve notices to you in writing to the email address and/ormobile number linked to your Astropay Account. You may amend the same from time to time.
You agree that we may provide you with notices and other disclosures in connection withyour Account and the Card by email or by posting notices on the website or mobile app.
If you wish to make a complaint or a question about the Card, You can email us atsupport@astropay.com with brief details of your complaint and the phone number andemail address associated with your Account or request our complaint form and send to ourservice email address on the form.
19. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with it or its subjectmatter or formation (including non-contractual disputes or claims) shall be governed by andconstrued in accordance with the law of the Isle of Man.
Each party irrevocably agrees that the courts of the Isle of Man shall have exclusivejurisdiction to settle any dispute or claim arising out of or in connection with these Terms orits subject matter or formation (including non-contractual disputes or claims).
