QBSG Limited (registered number C 97348, with a registered office at Dragonara Business Centre, 5th floor, Dragonara road, San Giljan, STJ 3141, Malta.) in partnership with various online payment institution, include China Yinsheng Finance (Holding) Limited, the Card Issuer pursuant to a licence by Mastercard International. (“Service Providers”). You hereby agree to this Terms and Conditions (the “Terms”) by and between you and QBSG and agree to be legally bound by its terms and conditions, so please read them carefully. Please also note that there may be specific terms or conditions applicable to you as the user in a given jurisdiction, as may be detailed herein. If any term or condition of this Terms and Conditions is unacceptable to you, please do not visit, access, or use our services. Use of the words “we,” “us,” “the Company”, “the Platform” “our” or “Ecxpay” in this Terms and Conditions refers to QBSG Limited and any or all of its service providers.
Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions:
By registering Ecxpay, you confirm that you:
When applying for an Account on the Website “Ecxpay.io” you will need to log in under your Wallet username and password. You will need this username and password (collectively Your “Security Details” for the Account) to access your Online Account and perform the following functions (as well as any other functions specified in the Website or App) in relation to your Card online:
You may apply for a Card [(virtual Card by default, and physical Card if available in your region)] for Your Account and each shall constitute a 'Card' for the purpose of these Terms and Conditions. The card is a precard that can only be used to access assets in your [WALLET]. It is not a credit card, charge card or guarantee card and is not attached to a bank account.
A virtual card is issued immediately on approval of your application for a card. We will endeavour to send any physical card applied for to you within 15 days of approval, however, please be aware that in some instances it can take longer for your card to arrive.
You can apply for the maximum of ten (10) virtual card and one (1) physical card for your account.
If you receive a physical card, you must sign the signature strip on the back of the card as soon as you receive it and then follow the instructions on the app to activate it. You will be required to set password for the physical card through the app.
We reserve the right to reverse, cancel, refuse to honour or exclude you from participating in any incentive programmes (including but not limited to any kind of reward, cashback or referral programmes).
Spending Limits: Transactions must comply with any spending limits or rules that may be imposed by us from time to time.
Transactions may be declined, restrictions placed on your card, or special security measures applied in the following scenarios:
Payments made using your card in a currency not supported will be subject to scheme's acceptance terms, conditions, and associated fees.
To process a transaction, your consent is required. Once you have provided such consent, the Transaction will be considered authorized.
Consent may be provided by:
(a) using your [PIN / Password] or other security details;
(b) signing a sales voucher;
(c) providing your card details and/or other personal information related to you or your card.
A transaction order is considered received at the time the programme acknowledges it. If a Transaction order is received after 4:00 PM on a business day, it will be deemed received on the following business day.
Once a transaction is authorized by you and received by the Programme, it cannot be revoked.
For Transactions where the Merchant's payment service provider is located within the EEA and the payment is made in the currency of an EEA Member State, the Programme will ensure the funds are transferred to the Merchant's payment service provider within [NUMBER OF DAYS] of receiving the Transaction order.
Certain merchants may not accept payments made using the card. The programme accepts no liability for such refusals; it is your responsibility to confirm any merchant restrictions.
Access to the card or account may occasionally be interrupted due to system or website maintenance by the Programme. In such cases, please contact customer services to report any issues, and the Programme will work to resolve them promptly.
You are entirely responsible for your Account, security details for your account, card, [PIN or Password] and must take all possible measures to keep them safe and entirely confidential.
Keeping your [PIN or Password] safe, by memorising it, never disclosing it to anyone, or by letting anyone see You enter it. You may be held liable for any unauthorised or fraudulent transactions made using your card, if it's disclosed. If you suspect that someone else knows your [PIN or Password] for your card or security details for your account, change them as soon as possible in your account or on the app.
You are solely responsible to check recent transactions and monitor the transactions history of your account regularly. If you do not recognise a transaction, report it immediately. Once we receive the report, we will be responsible for checking for any wrongful transaction, and you must provide relevant evidence. However, we do not guarantee that your money, either fully or partially, will be returned.
If you notice any unauthorized or incorrect transactions on your Card, you must inform Customer Services as soon as possible, but no later than 1 months after the transaction was debited from your Account. For transactions where the exact amount was unknown at the time of authorization and the amount seems incorrect, you must notify Customer Services within 1 month of the transaction date.
Once your card has expired or is found after being reported lost or stolen, you must securely destroy it by cutting it in half through the magnetic strip and chip before disposing of it.
We may require you to register for and use enhanced online security measures for transactions, such as one-time passwords or other third-party authentication systems.
Non-compliance with this clause may impact your ability to recover losses if it is proven that you intentionally failed to safeguard the information, acted fraudulently, delayed unduly, or were grossly negligent.
If you have an issue with a transaction that you authorized and was processed using your card, you should resolve it directly with the merchant you purchased goods or services from. We are not responsible for the quality, safety, legality, or any other aspect of the products or services bought with Ecxpay.
If you believe a transaction was unauthorized or made in error, you can request an investigation by contacting Customer Services. During the investigation, the disputed amount will be unavailable for spending. If it is determined that the transaction was legitimate, the amount will be deducted from your available balance, and you may be charged an investigation fee. If your available balance is insufficient to cover the transaction or the fee, you must repay us immediately upon request.
If you change your name, address, or contact information (such as phone number or email address), you must inform us within 30 days of the change.
We reserve the right to verify the accuracy of your personal information at any time, which may include requesting original documents, particularly to prevent fraud or money laundering. Additionally, when you apply or at any point in relation to your Account, you authorize the Program to carry out electronic identity verification checks on you, either directly or through third-party providers.
By using the Ssrvices, Ecxpay and Coinsdo's wallet, you agree that we, our related corporations, third party service providers, contractors or sub-contractors may provide you with any notices or other communications relating to your use of theEcxpay, Services and Coinsdo's wallet electronically.
If you have feedback, enquiries, complaints or report lost or stolen of Ecxpay, you can reach out to us via email at support@Ecxpay.io
We aim to address any complaints you may have about the Ecxpay or our services within 15 business days of receiving your complaint. In exceptional cases, this may take up to 35 business days, and we will inform you if this happens.
If we detect or suspect fraudulent activity on your account or encounter a security threat, we may need to contact you urgently, provided we are legally allowed to do so. To ensure quick communication, we may send you a text message rather than calling or emailing. When we reach out, we will provide advice on how to reduce any potential risks to your payment instrument based on the security threat. We will use the contact details you have provided, so please notify us immediately if your personal or contact information changes.
We may terminate or suspend your access to and use of the Services with immediate effect, at our sole discretion for any reason, at any time and without notice to you. You may cancel your [Account/Ecxpay] at any time by following the account closure instructions in the App. Upon any termination, discontinuation or cancellation of Services or your [Account/Ecxpay], (i) all rights and/or licences granted to you under these Terms shall immediately cease and terminate and you shall forthwith cease the use and/or access of the App, Site, Services and Content in any way whatsoever; and (ii) notwithstanding the foregoing, the following provisions of these Terms will survive: Termination, Warranty Disclaimers, Indemnity, Limitation of Liability and Dispute Resolution.
Ecxpay may at any time, without notice and in its sole and absolute discretion, terminate, suspend or limit your use, or the functionality, of the Services (including freezing or closing your Custodian Wallet or Smart Contract Vault, refusing to process any Card Transactions, or reversing any Card Transaction that you have effected) for any reason, including, without limitation:
Ecxpay reserves the right to reverse, cancel, refuse to honour or exclude you from participating in any incentive programmes (including but not limited to any kind of reward, cashback or referral programmes) if you are found in breach of any of these Terms, whether directly or indirectly, voluntarily or involuntarily.
Your obligations under these Terms will continue and Ecxpay shall remain to be entitled to debit your Wallet Balance or Smart Contract Vault Balance (as applicable) for any amount and charges incurred in or related to Card Transactions that are carried out before or after the termination of your Ecxpay and you shall continue to remain liable to Ecxpay for such amounts and charges until they are paid in full.
You shall not be entitled to any payment, compensation or damages from us in relation to any suspension or termination of your use of the Services, the Ecxpay, the Custodian Wallet and/or the Smart Contract Vault for any reason whatsoever. Any suspension or termination of your use of the Services, the Ecxpay, the Custodian Wallet and/or the Smart Contract
You expressly acknowledge and agree that use of the services and content is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. The Website, and Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied, or statutory. To the maximum extent permitted by applicable law, Ecxpay specifically disclaims any express or implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. Ecxpay does not make any representations or warranties that access to the services or any of the materials contained therein will be continuous, uninterrupted, timely, or error-free.
You will indemnify and hold harmless Ecxpay and its officers, directors, employees and any third party service providers from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable costs arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, (iii) Third Party Materials, or (iv) your violation of these Terms.
To the maximum extent not prohibited by law, Ecxpay shall not be liable for damages of any type, whether direct or indirect, arising out of or in any way related to your use or inability to use the services. This includes, but is not limited to, damages allegedly arising from the compromise or loss of your login credentials or funds, loss of the physical cards, loss of or inability to restore access from your backup phrase, mistakes, omissions, interruptions, delays, defects, and/or errors in the transmission of transactions or messages to any cryptocurrency network, failure of any message to send to or be received by the intended recipient in the intended form, or diminution of the value of ether or any other digital token or digital asset on any cryptocurrency network.
Ecxpay shall not be liable under any circumstances for any lost profits or any special, incidental, indirect, intangible, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the services, even if an authorized representative of Ecxpay has been advised of or knew or should have known of the possibility of such damages. Ecxpay shall not be liable under any circumstances for damages arising out of or in any way related to software, products, services, and/or information offered or provided by third parties and accessed through the app, site, or services.
Some jurisdictions do not allow the limitation of liability for personal injury or incidental or consequential damages, so this limitation may not apply to you. In no event shall Ecxpay's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred U.S. dollars ($100.00) or its equivalent in the local currency of the applicable jurisdiction.
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to, and that we can collect, use and/or disclose your information (including any personal data you provide to us) in accordance with our Privacy Policy [LINK TO PRIVACY POLICY].
These Terms shall be governed by and construed in accordance with the laws of Malta without regard to any choice or conflict of laws rules.
Any dispute, controversy or claim, whether contractual or non-contractual, arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, or any other issue which shall arise in virtue of these Terms, shall be referred to and finally settled by arbitration in terms of the UNCITRAL Rules of Arbitration in accordance with the provisions of Part V (International Arbitration) of the Arbitration Act (Chapter 387 of the Laws of Malta). Any arbitration commenced pursuant to this Clause 30.2 shall take place in the English language. The number of arbitrators shall be one, to be appointed by agreement between the parties to the proceedings. Failing such agreement within fourteen (14) days from the due notification of a written request to concur in the appointment of the arbitrator, appointment shall take place by the Chairman of the Malta Arbitration Centre.
Our Services service covers globally EXCEPT:
Afghanistan, Angola, Antarctica, Belarus, Bouvet Island, Burkina Faso, Central African Republic, Crimea, Cuba, Democratic Republic of Congo, Donetsk, Eritrea, Eswatini, French Southern Territories, Guinea-Bissau, Guyana, Haiti, Heard Island and McDonald Islands, Iran, Iraq, Kherson of Ukraine, Laos, Libya, Luhansk, Mainland China, Myanmar, Netherlands Antilles, North Korea, Palestinian Territory, Russia, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Trinidad and Tobago, Uganda, Vanuatu, Venezuela, Yemen, Zaporizhzhia, Zimbabwe.