IMPORTANT INFORMATION: These terms and conditions (“Terms”) govern the use of the Card (as defined below), which are provided by AstroPay Global (IOM) Limited, an Isle of Man limited company with registered office at 2nd Floor, Hilary House, Prospect Hill Douglas, Isle of Man, IM1 1EQ and license number FSA 1399 (“AstroPay”, “we”, “us” or “our”) to any person whose application we approve (“you” or “your”).
These Terms form a binding contract and apply only to your use of your Virtual MasterCard issued by CACAO PAYCARD SOLUTIONS, S.A. de C.V. (“Dock”), pursuant to a license from MasterCard (the “Card”). These Terms complement the separate customer agreement that you as a user enter into with your Card issuer Dock.
These Terms are also complementary to the T&C Agreement (the “General Terms”) accepted by you for the usage of your AstroPay Account. In case of any inconsistency or discrepancy between these Terms and the General Terms, these Terms shall prevail.
1. Definitions
- Access Information: Your username, password, challenge questions, and any other security or access information required to access or use your Card or AstroPay Account.
- Applicable Law: Any law, rule or regulation of a federal, state, municipal of foreign or local government, or any rule or regulation of any clearing house or network involved in the transaction, which applies to the product and services provided to you under these Terms.
- Card: Your virtual Master Card issued by Dock.
- Card Number: The unique 16-digit number embossed on your virtual Card, if applicable, used to identify your Card.
- Card Transaction(s): Using your Card to pay for goods and services online or over the phone.
- Cardholder: The person authorized to use the Card. Only one Cardholder is permitted per Card.
- Issuer: Dock.
- We or AstroPay: AP Global Corporation LLP, and its successors, assigns and affiliates.
- AstroPay Account: The digital wallet account you have opened with AstroPay and through which you access funds for use with your Card.
- AstroPay Account Transactions: For purposes of these Terms means any and all payments into or out of your AstroPay Account that do not involve use of the Card. For the avoidance of doubt, AstroPay Account Transactions are not covered by these Terms and are services provided to you under the General Terms.
- You and your: The person who has requested the Card and is authorized to use the Card as provided for in these Terms.
2. Virtual Card
2.1. The Card is issued by Dock in USD currency and is not a gift card or gift certificate, nor a credit card. The Card refers to the balance stated in the Astro Pay Account. The Card cannot be redeemed for 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.
2.2. The Card is not designed for business use. You acknowledge and undertake to only use your Card for purchases of goods and/or services and/or online payments. We may close your AstroPay Account and/or your Card if we determine that it is being used for business purposes or any other purposes. We may refuse to process any Card Transaction that we believe may violate these Terms and/or Applicable Law.
2.3. The Card can be used to access and spend money stored in your AstroPay Account. You can use the Card at any location that displays the MasterCard acceptance mark, including shops, restaurants, online or on the telephone. AstroPay reserves the right to cancel or suspend your Card at any time for any reason.
2.4. You acknowledge and agree that the value available to spend with your Card is limited to the funds maintained in your AstroPay Account.
2.5. You may not use your Card or AstroPay Account to obtain cash anywhere, including an automatic teller machine or any point of sale device.
3. Fees and Limits
3.1. If applicable, We shall charge you the fees as set out in the Fees Schedule located in the website or mobile app. As that Schedule may be amended from time to time in accordance with this Clause (the “Fees”), you agree that any amount due and payable to us under these Terms may be deducted from your Card or AstroPay Account, without further notice. We further reserve the right to change our Fees upon two (2) months notice given to you through the website or mobile app or by email prior to such changes going into effect. Such deductions may be made at any time, and without us notifying you, but these will be reflected in the information in your AstroPay Account.
3.2. Your Card is subject to certain spending transaction limits. You can find more information about these transaction limitations on the website or mobile app, or by contacting support at support@AstroPay.com. We reserve the right to increase or decrease your limit at any time or add additional limitations to your use of the Card in our sole discretion without notice to you except as required by law, for security, risk, or other reasons.
4. Address or Name Changes
All information you provide during the onboarding process for a Card or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, telephone number, and other contact information with us up-to-date. If you need to make changes to your profile after your Card has been issued, you can update your information by logging into your AstroPay Account or by contacting the AstroPay Support Team.
5. Account Security
5.1. You should not share your Virtual Card number, its Card Verification Value “CVV” and/or expiry dates with anyone. Do not send your Virtual Card details in an email or text message. Make sure your Virtual Card details are secured with encryption when you use your Virtual Card to perform transactions over the Internet or wireless networks.
5.2. You are responsible for maintaining adequate security and control of your Card, or any other details that you use to access your AstroPay Account. If you know or suspect that your Card or Card Number has been lost, stolen or otherwise compromised, please let AstroPay know immediately by contacting the Support Team or reporting your Card lost or stolen in your AstroPay Account or through the Mobile App (if and when available). Any undue delay may result in you being liable for any losses where your failure to notify us is intentional or grossly negligent. If you suspect that your Card is being used by someone else you should also contact the police and report the incident.
6. Authorized Users
You may not request an additional Card for another person.
7. Using Your Card
7.1. Each time you use your Card, you authorize us to reduce the value available in your Card by the amount of the transaction and any applicable fees. You are not allowed to exceed the amount of available funds in your Virtual Card through an individual transaction or a series of transactions. We may temporarily “freeze” your Card and/or AstroPay Account and attempt to contact you if we notice transactions that are unusual or appear suspicious.
7.2. You acknowledge and agree that by creating a Card you authorize AstroPay to transfer the funds deposited in your AstroPay Account into your Card as provided in this paragraph until you block or terminate the Card. When the Card is used for a transaction at a merchant, an authorization request will be transmitted to us from a merchant. We will only authorize the request if you have sufficient funds in your AstroPay Account to fulfill the entire transaction. The funds will then be debited from your AstroPay Account or from your Card for the amount of the transaction.
7.3. Except as otherwise stated herein, you may use your Card as long as the total value of your Card Transaction and any applicable fees do not exceed the value available on your AstroPay Account and your AstroPay Account is in good standing.
7.4. Certain types of transactions may be prohibited. If you have questions about what transactions are prohibited, please contact the Support Team.
7.5. In case of foreign or cross-border transactions, the international exchange rate provided by the Franchise Rules of MasterCard in order to settle the transaction will be applied. The rate applied will be binding on you and you will have no rights to dispute or question any such exchange rate. Changes in the way the exchange rate is converted will take effect without notice.
8. Account Balances
8.1. You are responsible for keeping track of your Card available balance. It is important to know the amount of available funds in your Card before performing a transaction. If you do not have sufficient available funds in your Card to cover the transaction amount, the transaction will be declined. Adjustments may be made to your Card / AstroPay Account to reverse an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction posted to your Card / AstroPay Account. AstroPay shall be entitled to reverse the incorrect credit or debit at any time whatsoever without your consent. You shall be liable and responsible to AstroPay and agree to accept and abide AstroPay’s instructions in respect of reversing any unfair gain made by you as a result of the same. You shall be informed of such reversal by AstroPay.
8.2. Negative balances are not authorized under any circumstance. You must not undertake or attempt to undertake Card Transactions that exceed the amount of funds available in your AstroPay Account. If any purchase takes you over your available funds or the card limits in force from time to time, the transaction will be declined.
9. No Warranty Regarding Goods or Services as Applicable; Returns and Refunds
9.1. AstroPay is not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. Any disputes or issues with any goods or services you purchase with your Card should be addressed to the merchants or individuals from whom the goods and services were purchased.
9.2. If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your AstroPay Account for such refunds and agree to the refund policy of the respective merchant. Merchant refunds in an amount equal to or less than the amount of the corresponding debit will be provided to AstroPay for posting to the AstroPay Account when received. AstroPay has no control over when a merchant sends a refund transaction; there may be a delay between the date of the refund transaction and the date the refund amount is credited into your AstroPay Account. If you have questions about a refund that has not been posted to your AstroPay Account you must contact the merchant where you made the purchase. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.
10. Card Expiration
10.1. Subject to Applicable Law, you may use your Card only through the Card expiration date. The expiration date is identified on the virtual card image displayed within your AstroPay Account.
10.2. Following expiry or cancellation of your Card or termination of these Terms, you will not be able to use your Card.
10.3. If there is a positive balance of funds in your Card upon expiration we may reverse remaining funds into your AstroPay Account. If you need to block your Card for any reason, please contact our Customer Service at support@AstroPay.com.
11. Receipts
11.1 A record of your Card Transactions will always be available to you in your AstroPay Account. You should always obtain a receipt from the merchant at the time you make a purchase or transaction using your Card and retain, verify, and reconcile your transactions and receipts. AstroPay is not liable for providing a receipt for transactions initiated through the use of the Card that you should have obtained from a merchant.
12. Suspension and termination
12.1. AstroPay can close or suspend your AstroPay Account and/or your Card at any time for any reason (see General Terms). Any such closure or suspension would terminate or suspend your ability to use your Card.
12.2. You agree not to use or to allow others to use an expired, revoked, canceled, suspended or otherwise invalid Card.
12.3. AstroPay will not be liable to you because of the unavailability of the funds that may be associated with your Card or AstroPay Account, except as required by Applicable Law.
12.4. You may cancel your Card, your AstroPay Account, or these Terms at any time by notifying support@AstroPay.com. Cancellation or suspension of these Terms will not affect any of our rights or your obligations arising under these Terms prior to such cancellation or suspension, including any pending transactions.
13. Liability and Indemnity
13.1. If we fail to comply with these Terms, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we shall not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us when you activated your AstroPay Account and/or your Card.
13.2. We shall not be liable if: (a) through no fault of ours, you do not have enough available funds in your Card to perform the transaction; (b) circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or natural disaster) prevent or delay the transfer despite reasonable precautions taken by us; (c) the system was not working properly and you knew about the problem when you initiated the transaction; (d) the funds in your AstroPay Account are subject to legal process or are otherwise not available for transactions; (e) the merchant refuses to accept your Card; (f) if access to your Card has been blocked after you reported your Card lost or stolen; (g) if we have reason to believe the transaction is unauthorized; (h) the transaction cannot be completed because your Card is expired or canceled; or (i) any other exception stated in these Terms.
13.2. Except as otherwise expressly provided in these Terms or as required by Applicable Law, neither AstroPay nor our respective affiliates, officers, directors, employees or agents, or other parties with whom AstroPay contract in order to offer the Card, the AstroPay Account or related services, shall have any responsibility or liability for any indirect, incidental, consequential, special, exemplary or punitive damages, whether based on negligence, willful misconduct, tort, contract or any other theory of law, or for any damages for loss of data, loss of income, failure to realize expected revenues or savings, loss of profits or any other economic or pecuniary loss, in each case arising out of or relating in any way to the Card, the AstroPay Account, any products or services purchased using the Card, or these Terms (as well as any related or prior agreement that you may have had with us).
13.3. We shall not be liable for any unauthorized or incorrectly executed Card Transactions in the event that the Card Transaction was affected by abnormal and unforeseeable circumstances beyond our reasonable control or where we acted in accordance with a legal or regulatory obligation.
13.4. At our request, you agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of these Terms, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
13.5. This Clause shall survive cancellation of these Terms.
- Additional obligations of the User. some text
- We may refuse to authorise any transactions or a use of the Card that could breach these Terms, or if we have reasonable grounds for suspecting that you or a third party have committed or are planning to commit fraud or any other illegal or unauthorized use of the Card. Nevertheless, we are not a party to any Card Transactions, and we disclaim any liability for any failures, breaches, acts or omissions of the merchants in connection with the Card Transactions.
- Your ability to use or access the Card may occasionally be interrupted, for example if we need to carry out maintenance on our systems.
- You agree: (a) to only use the Card for lawful purposes and to adhere at all times to all Applicable Laws and these Terms; (b) not to attempt to discover any source code included in the website or mobile app or AstroPay Account, upload to our systems any malware, viruses or other unauthorized object code or source code, or otherwise disrupt or interfere with the conduct of the Service; (c) not to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the website or mobile app in whole or in part, except to the extent permitted by Applicable Law.
15. Severability
If a court finds any provision of these Terms invalid or unenforceable, such finding shall not make the rest of these Terms invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken, and all other provisions of these Terms in all other respects shall remain valid and enforceable.
16. Amendment and Cancellation
16.1. We may amend or change the terms and conditions of these Terms at any time, subject to Applicable Law. You will be notified of any change in the manner required by Applicable Law and by posting an updated version of these Terms on the website and/or mobile app. If the change is made for security purposes or if advanced notification is not required by Applicable Law, we may implement such change without prior notice. You may end these Terms and cancel your Card at any time by logging into your AstroPay account or by contacting the Support Team.
16.2. Your cancellation of these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.
16.3. Upon termination of these Terms for any reason, we may continue to process your personal data in accordance with the terms of our Privacy Policy and Cookie Notice, as applicable, in accordance with data protection legislation.
16.4. The Terms in effect as of the date of the termination will survive and continue to apply to any aspects of your use of the website or mobile app prior to termination, including your Account information, your available balance, and any outstanding Card Transactions.
17. Information About Your Right to Dispute Errors
A. Contact Information
If you think your Transaction history is wrong with respect to a Card Transaction, or if you need more information about a Card Transaction listed on the transaction history in your AstroPay Account, you can contact the Support Team at support@AstroPay.com. For errors or potential errors in your AstroPay Account that are not related to the Card, please consult the AstroPay Account Terms of Use.
B. Card Errors
“Card Errors” include, but are not limited to, the following:
- A Card Transaction that you did not authorize.
- A duplicate transaction that you did not authorize.
- A recurring Card Transaction that you had canceled prior to the occurrence of the Card Transaction.
- An incorrect Card Transaction.
In relation to a Card Error you must contact us without undue delay (i.e. as soon as you become aware of the problem). We will not be held liable for any Card Error that was unauthorized or incorrectly executed if you have failed to contact us without undue delay – in these circumstances you may be held liable. We must hear from you no later than sixty (60) days after the earlier of the date you accessed your AstroPay Account regarding a Card Error or if the Card Error could be viewed in your Card Transaction history.
In your complaint, you must include:
- Your name, address and Card number;
- Why you believe there is an error, and the amount involved;
- Approximately when the error took place; and
- Any other necessary information that can prove the existence of the Card Error.
Subject to you notifying us without undue delay, We will determine whether an error occurred within ten (10) business days of hearing from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. We will tell you the results within three (3) business days after completing our investigation. If we decide that no Card Error occurred, or you have acted fraudulently or have with intent or gross negligence failed to keep your AstroPay Account security details safe, we shall not credit any amount to your AstroPay Account and/or may deduct the amount of the Card Transaction from your Card or AstroPay Account, if applicable. If you do not have sufficient balance for the deduction, you must repay us the amount immediately on demand. On the contrary, if we decide that a Card Error occurred, we will credit you the correspondent amount in your AstroPay Account.
For the avoidance of doubt, Card Errors do not include buyer’s remorse, issues with the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card or if you do not receive those goods or services, or routine inquiries about the balance in your AstroPay Account or a request for documentation or other information for your record keeping or tax purposes.
C. Your Liability for Unauthorized Card Transactions
An unauthorized Card Transaction occurs when your Card is used, and it was not authorized by you and did not benefit you. For example, if someone accesses your virtual Card fraudulently or without your consent and uses your Card to access funds in your AstroPay Account, an unauthorized Card Transaction has occurred. If your Card is lost or stolen, someone may use your Card. If you believe that your Card has been lost or stolen or that someone may use it to access your AstroPay Account without your permission, you must notify the Support Team at support@AstroPay.com as soon as possible.
You will be liable for all unauthorized Card Transactions that occur before you notify us that your Card has been lost or stolen or that someone may use it without your permission.
You will not be liable for unauthorized Card Transactions that occur after you notify us that your Card has been lost or stolen or that someone may use it without your permission.
If we reasonably determine that an unauthorized Card Transaction occurred because of your willful misconduct or gross negligence, we may charge you for the unauthorized Card Transaction. We may also suspend or terminate your AstroPay Account and Card if we reasonably determine that you have engaged in willful misconduct or gross negligence with respect to your AstroPay Account or Card.
You will not be liable for any unauthorized Card Transactions that occur after you notify us of the loss, theft, or unauthorized use of your Card, unless we can prove that you have acted fraudulently or that you have with intent or gross negligence failed to keep your AstroPay Account security details safe.
If you believe that an unauthorized Card Transaction has occurred, you must notify us without undue delay and in any event within thirteen (13) months of the date of the Card Transaction.
18. Closing your Account
18.1. You may close your AstroPay Account and terminate these Terms at any time by contacting the Support Team at support@AstroPay.com. Termination shall not affect any transactions you have initiated or for which funds have been received into your AstroPay Account before termination.
18.2. We may terminate these Terms with you and close your AstroPay Account for any reason or for no reason at any time upon notice to you.
18.3. If we terminate these Terms with you, we will cancel your AstroPay Account and Card. If we close your AstroPay Account for any reason, we will provide you with notice of our actions and make any unrestricted funds in your AstroPay Account available for withdrawal.
18.4. We may suspend or limit your access to your AstroPay Account and/or Card if: (a) We are so required by a regulatory authority or applicable law, including Applicable Law; or (b) You have breached these Terms.
18.5. If we limit access to your AstroPay Account and/or Card, we will provide you with notice of our actions and provide the basis for the decision unless we are prohibited from doing so by Applicable Law or a regulatory authority.
18.6. Upon termination of these Terms, we will cancel any outstanding transactions and make any unrestricted funds in your AstroPay Account available for withdrawal.
19. Notices
19.1. Any notice or other communication given by you to us, or by us to you, under or in connection with these Terms shall be in writing and shall be delivered personally, sent by pre-paid first-class post, recorded delivery, commercial courier, fax, or e-mail.
19.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one business day after transmission.
19.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20. Applicable Law and Jurisdiction
20.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
20.2. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).
21. Changes to These Terms
21.1. We may, in our discretion, make changes to these Terms, including, without limitation, to reflect changes in law or changes to our Products or Services. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Last Updated" date at the beginning of these Terms. By continuing to access or use the Services after we have provided notice of changes to these Terms, you confirm that you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Services before the changes take effect.
21.2. If you have any questions about these Terms, please contact us at support@AstroPay.com.
21.3. These Terms were last updated on the date stated at the beginning of these Terms. Please check back regularly for updates.
