Rules on using payment cards
1. Introduction
1.1. MIBEXTECHNOLOGIES s.r.o., company number 17729998, registered address at Chudenicka 1059/30, Hostivar, 102 00 Prague 10, Czech Republic (the “Company”) through the website https://dauphinpay.com/ and the mobile application DAUPHIN PAY (the “Platform”) provides you (“You”, “Client”) with the opportunity to apply for and use payment cards with a brand name “DAUPHIN PAY”.
1.2. DAUPHIN PAY cards are provided to You directly by SatchelPay, UAB, legal entity code 304628112, registered address at Geležinio vilko g. 18A, Vilnius, Lithuania (the “Satchel”), e-mail address [email protected] is a licensed electronic money institution, license No 87, supervised by the Bank of Lithuania (the “Satchel”), which is in partnership with the Company with the purpose of marketing Satchel’s Services to You under the Company’s brand name DAUPHIN PAY. Under no circumstances does the Company act as an agent or intermediary between You and the Satchel in the process of issuance, use and customer support service of your DAUPHIN PAY payment card.
1.3. These Rules on Using DAUPHIN PAY Payment Cards (the “Rules”) are made for regulation of using DAUPHIN PAY payment cards and settling transactions made with the cards.
1.4. First use of DAUPHIN PAY payment card by the Client or his / her authorized users shall be considered as the acceptance of these Rules and Client’s obligation to comply with them.
2. Definitions
2.1. The terms used in these Rules mean the following:
Platform – the website https://dauphinpay.com/ and the mobile application DAUPHIN PAY operated by the Company in cooperation with Satchel.
Cardholder, Client, You – person holding a Satchel account opened through the Platform, applying for payment card and person to whom payment card has been provided by us, including any authorized user to whom payment card has been provided in association with your account at your request.
Merchant – legal entity accepting card payments for the offered products and services.
Payment organisation – financial institutions or acquring/issuers organisations according to the previously obtained licence.
Satchel, We, Our, Us – SatchelPay UAB.
Internet service of payment cards – service provided via the Internet on the Platform, which enables the cardholder to check the available balance and transaction history.
Point of sale or POS terminal – electronic payment terminal where cardholder may effect transactions.
Automated teller machine or ATM – appliance, which gives a cardholder the authority or means to withdraw cash or to make other operations related to the card.
Card, payment card – electronic payment mean for carrying out non-cash transactions in accordance with these Rules.
CVC2 or CVV2 code – 3-digit code on the reverse of the payment card used to confirm the authenticity of the card in postal, telephone, fax or Internet payments.
Personal identification number or PIN code – confidential code, which is provided to the cardholder and is used with the data embedded in the payment card for electronic authentication of the cardholder.
Authorisation – consent of cardholder for an effecting transaction according with these Rules.
Transaction – card payment or card cash withdrawal.
Partial transaction – card payment only for part of the transaction cost or up to the available balance of the card, if the transaction amount is higher than the available balance.
Remote transaction – non-cash transaction that is carried out with no need for physical presentation of the payment card, including via post, telephone, fax or Internet.
Transaction limit – authorisation limit on the amount and number of transactions that can be made on a payment card.
Available balance – monetary amount not exceeding which payment card transactions may be carried out.
Top-up – increase in the available balance by a transfer from an account held at Satchel.
Card block – temporary card blocking resulting in balance not being available and transactions unable to be executed.
Card stop – permanent block on the card use from the payment organisation, either at the request of the cardholder or because of the decision of payment organisation or Satchel.
3. Rules on payment cards
3.1. Payment card remains the property of Satchel at all times and may be recalled by us. It is prohibited to copy, reproduce or transfer the payment card to a third-party. Cardholder agrees to destroy the card or return it to us upon request, in the event that you/authorized users are in breach of at least one of these Rules.
3.2. Satchel may issue, renew, replace or revoke a payment card at its own discretion. In some cases, a merchant may also be required to retain a payment card and you agree to hand over the card to the merchant in these cases upon request.
3.3. Payment card is activated at the first top-up and is valid until the end of the validity period printed on the front of the card. It is no longer possible to effect transactions or load the card after the validity period expires. You are not allowed to use an expired payment card and you are required to destroy it. It is your liability to use the available balance on the payment card before the end of the validity period.
3.4. The cardholder must sign payment card immediately upon receipt and must not use the card if he/she has not signed it.
3.5. Satchel communicates the PIN code to the cardholder in strictest confidence via an online tool. Thus, this code may not be disclosed or handed to a third party.
4. Operating the card
4.1. The card may be used for:
4.1.1. Paying for goods and services at a merchant (complete or partial transactions);
4.1.2. Paying for goods and services ordered or provided via post, telephone, fax or via Internet/email;
4.1.3. Withdrawing cash at ATM or cash desk of a bank and other outlets offering this service.
4.2. The card may be used at any place that displays the payment organisation symbol printed on the card. Satchel cannot be held liable for a merchant refusing to accept the card for payment.
Transactions referred to in points 4.1.1. and 4.1.3. may be effected with the use of the POS terminals/ATMs bearing the symbol of payment organisation.
Transactions referred to in 4.1.2. can be effected remotely at merchants displaying the symbol payment organisations indicating that the card is accepted (for example, on the website).
4.3. Cardholder may authorise the transaction by:
4.3.1. Presenting the payment card or placing it in a payment device;
4.3.2. Entering the PIN code;
4.3.3. Placing a signature on the transaction receipt;
4.3.4. Providing the unique data printed on the card and the details of cardholder (please note, that in the case of remote transactions cardholder authorises the merchant to debit transaction amount although cardholder may not have signed a sales voucher);
Cardholder is authorised to fulfil transactions up to the amount of the available balance and until the card reaches its expiry date.
4.4. Supplying the long card number to fulfil a remote transaction may result in the card being debited without the need to confirm the transaction by cardholder entering the PIN code or providing a signature.
4.5. In case of recurring transactions (e.g. licence fees, membership fees, or subscriptions), cardholder accepts subsequent transactions, within the scope agreed with a merchant, in authorising the first transaction in a manner specified in point 4.3.
4.6. Transactions authorised by cardholder in accordance with point 4.5. are irrevocable. However, cardholder may withdraw approval for subsequent transactions referred to in point 4.5. according to the rules set out by a merchant.
4.7. The maximum monetary amount the card may hold is EUR 20,000; the card may be loaded up to eight times during the same day with a daily maximum of EUR 5,000. These limits may be adjusted in accordance with the separate written agreement between you and us (yours or ours authorized representatives).
4.8. Top-ups of the card are made by transferring money from an account held at Satchel. The cardholder is authorised to effect transactions until the card reaches its expiry date and up to the amount of the available balance.
4.9. The card may be used within the limits set out below (limit being the sum of the transaction amount plus any commission payable):
4.9.1. limit of a single transaction at POS EUR 20,000;
4.9.2. daily transaction limit on cash withdrawals at ATMs EUR 2,500 (maximum frequency is 5 withdrawals per day of EUR 500);
4.9.3. The total value of top-ups in a given calendar year may not exceed EUR 80,000.
The limits indicated in these Rules include the sums of transaction amount and the amount of any commissions payable. Current limits are published on https://dauphinpay.com/limits/ and may adjust the mentioned limits to any of the cardholder unilaterally, without informing the cardholder when circumstances warrant or it is necessary to ensure AML/CTF requirements and properly control related risks. These limits may be adjusted in accordance with the separate written agreement between you and us (yours or ours authorized representatives).
Different limits may apply on the discretion of the Satchel for payment cards, which are issued in currencies other than the Euro.
4.10. Transactions are effected in the currency of the country where they are executed, under condition that the payment organisation permits the effecting of transactions in a different currency. If the merchant permits transactions in a currency other than the currency of the country where the transaction is effected, cardholder grants consent to any extra fee applied and to the currency exchange rate used by the merchant by authorising the transaction.
4.11. When transactions are performed in a currency other than the card currency, the payment organisation accepts to effect the transaction as long as the available balance:
4.11.1. is sufficient to cover potential commission on fulfilling the transaction by the payment organisation;
4.11.2. is at least 103% of the transaction value, after converting it to the card currency at the selling exchange rate of that currency, as applied by the payment organisation on the day of effecting the transaction.
4.12. Until the transaction performed in a currency other than the currency of a card is settled by the payment organisation, an amount equalling 103% of the transaction and an amount of commission due is blocked, reducing the available balance by the corresponding amount.
4.13. Cardholder may be asked to provide a document confirming the identity at the moment of transaction. Merchant has the right to decline a card payment, if cardholder refuses to present an identity document or cardholder’s signature is missing on the card.
4.14. The payment organisation has the right to decline the transaction in cases set out below:
4.14.1. Providing incorrect data by the cardholder, while authorising the transaction (wrong card number, expiry date, PIN code, CVC2 or CVV2 code, signature on the transfer receipt);
4.14.2. Using an inactive, blocked, stopped or invalid card;
4.14.3. Insufficiency of the available balance on the card to cover the transaction amount and fees or commission for that transaction;
4.14.4. Authorisation limits of the card concerning to the amount or number of the transactions are exceeded;
4.14.5. Refuse of the cardholder to provide a piece of identification at the request of a merchant;
4.14.6. When it is justified for reasons of security, including protection against fraud.
4.15. Payment organisation specifies the refusal to perform transaction by displaying or forwarding notification to a merchant. Unless this information cannot be provided for reasons beyond the control of payment organisation, this organisation specifies the refusal to perform transaction by sending notification to the device which operating the transaction.
5. Obligations
5.1. Cardholder/authorised users have the next obligations and security instructions. This is liability of a cardholder to communicate these instructions to authorised users and ensure that they are followed:
5.1.1. to use payment card for the intended purpose, not for illicit or illegal purposes;
5.1.2. to keep up with these Rules and applicable provisions of the law on use of ATMs;
5.1.3. to use payment card only at the validity period;
5.1.4. to put card stop promptly as outlined in these Rules;
5.1.5. to protect the card against loss, theft and damage;
5.1.6. to store the card securely and to protect PIN code (for instance, commit it to memory and do not keep a written record of it, take care to ensure third persons do not see PIN code, while keying in);
5.1.7. do not disclose the card number, expiry date or CVV2/CVC2 code to third parties for purposes other than executing transactions or stopping the card;
5.1.8. to undertake any other measures required to protect the card;
5.1.9. to report any anomalies in the transaction history presented in the Internet service of DAUPHIN PAY payment cards;
5.1.10. to store receipts of card transactions and other relating documents and in case of dispute to provide Satchel with these documents;
5.1.11. to withdraw consent granted to a merchant regarding recurring transactions when the card is blocked or stopped and in any case prior to the end of the validity period, which are executed in accordance with the card data provided;
5.1.12. to cancel bookings made with the card prior to the end of the validity period.
5.2. Cardholder/authorised users have to check the correctness of transaction details, including the transaction amount, before authorising the transaction. Merchant, which accepts a card payment issues a transaction receipt and confirms that the transaction has been effected, following every transaction. If cardholder/authorised users question a transaction where the PIN code has been used, we have the right to stop the card because of suspecting that an unauthorised person has acquired the PIN code.
5.3. Additional obligatory precautions:
5.3.1. Cardholder must not use or choose a PIN code, which is easy to guess or discover.
5.3.2. Cardholder must not tell PIN code to anyone, give the card to anyone or let anyone use it (including family members, police or staff of Satchel).
5.3.3. Cardholder must not disclose PIN code in response to an email request, leave the card in an unattended wallet, purse or vehicle or anywhere another person could remove the card without being noticed, log in to website from a shared computer (for example in internet cafe or library) or leave a computer unattended while logged in.
5.3.4. Cardholder must not send payment card by post.
5.3.5. Cardholder must keep the card in his/her sight at all times when making transactions, get the card back on completion, know where the card is at all times and not to leave it unattended and be cautious when providing card details or allowing process transaction in advance of receiving goods or services.
5.3.6. Cardholder must only use reputable websites for online purchases and bookings.
5.3.7. While using the card to make purchases for goods and services by remote means (for example, by post), since there are risks involved in providing the card details and authorising transactions before receiving the goods or services, cardholder should consider the security and standing of a merchant.
5.3.8. Cardholder must always be alert to anyone loitering or offering assistance, when using an ATM and look out for suspicious devices attached to the ATM, if in doubt, not to use the ATM.
5.3.9. Cardholder must change PIN code immediately if he/she discovers that another person knows (or might know) it.
5.3.10. Cardholder must promptly provide Satchel with all available information relating to any incident where he/she has reason to believe that the card details have been compromised, and to give all necessary assistance to recover any unauthorised amount withdrawn or paid.
5.3.11. Cardholder must not attempt to make a remote transaction for goods or services under any circumstances, if the card has been cancelled, suspended, lost or stolen.
6. Damaged or missing cards
6.1. Cardholder must request card stop promptly upon discovering the following:
6.1.1. Payment card has been destroyed, lost, stolen, appropriated, retained by an ATM or accessed in an unauthorised manner;
6.1.2. Payment card data and/or PIN code have been disclosed to an unauthorised person;
6.1.3. Payment card has been used by an unauthorised person.
6.2. Cardholder possesses the right to request a card stop, referred to point 6.1. either by calling our Customer Support service. Cardholder will be required to provide the number of payment card in order to stop it.
Alternative contact details leading to our Customer Support service and alternative ways to stop the card may be indicated on the Platform.
6.3. Telephone conversations concerning the requests referred to in point 6.2. may be registered to document the date and exact time of receipt.
6.4. If the stopped card is recovered, it should immediately be destroyed in such a way as to make it impossible to use the card again or read the data saved on this payment card.
7. Liabilities
7.1. Cardholder is completely liable for:
7.1.1. authorised transactions;
7.1.2. consequences of using the payment card, including, but is not limited to using the card with violation of these Rules, appropriate provisions of the law and local regulations on ATM use, performing remote transactions, i.e. effected without physical presentation of the card, or not stopping the card promptly. The cardholder is responsible for recurring transactions, in the case where the consent for the merchant to initiate those transactions is not withdrawn despite the fact that the card has been stopped.
7.2. Cardholder is also liable for any consequences regarding card transactions in following cases:
7.2.1. Any consequences which resulted from the use of lost or stolen card;
7.2.2. Payment card was appropriated or subject to unauthorised use because the cardholder did not take the obligatory precautions to protect the card and prevent it from the unauthorised use;
7.2.3. There is a deliberate violation or gross negligence of obligations specified in these Rules;
7.2.4. Cardholder acts fraudulently or negligently, or contributes to the unauthorised use of the card, including, but not limited to failing to take the precautions described in these Rules or unreasonably delaying notification to Satchel on becoming aware that the card has, or may have been, lost, stolen or compromised.
7.3. Cardholder is liable for any loss in case of:
7.3.1. Writing the PIN code on the card or keeping a written record of the PIN code with or near the card;
7.3.2. Keeping the PIN code such that it can readily be identified as a PIN code of the card;
7.3.3. Disclosing the PIN code to third party or failing to take reasonable care to prevent others from identifying the PIN code, when, for example, keying in or using the PIN code;
7.3.4. Allowing third party to use the card or failing reasonably to protect the card;
7.3.5. Contributing to or causing losses from unauthorised transactions as a result of his/her actions.
8. Cancellation and suspension
8.1. The card is made available to you/authorised user and Satchel reserves the right to terminate all or part of the right to use the card, in particular if you/authorised user are in default with respect to these Rules. When we terminate your right to use payment card, authorised users also lose the right to use the card.
8.2. Satchel/payment organisation may cancel or suspend payment card, if there is a good reason to do so, such as if:
8.2.1. You have violated these Rules;
8.2.2. Satchel/payment organisation have reasons to believe that card is being used to facilitate fraud, money laundering or other criminal acts;
8.2.3. Satchel/payment organisation have reasons to think that third party may have an interest in the available balance;
8.2.4. Multiple transactions on payment card are declined in rapid succession;
8.2.5. Available balance is nil and payment card has not been used for 18 months.
8.3. Additionally, Satchel/payment organisation has the right to block or delay a payment to or from your available balance, without your permission and without notice, when either party is required to do so by law or has reasons to believe that payment constitutes some form of fraud, money laundering or other criminal act. In this case Satchel /payment organisation will give notice as soon as it is reasonably practicable after cancelling or suspending your card, unless such provision of the notice is prohibited by law.
8.4. If Satchel /payment organisation cancels payment card for any of the reasons listed above, you can receive a refund of an available balance by calling Customer Support service.
8.5. As a rule, Satchel /payment organisation does not charge a card-closure fee. However, if Satchel /payment organisation cancel payment card through your breach of contract, fraud, negligence or other wrongdoing, a card-closure fee will apply.
8.6. Satchel /payment organisation may also deduct from the available balance any loss that they reasonably consider they are entitled to recover from you in this respect.
8.7. Satchel /payment organisation may pay all or part of available balance to a third party pursuant to any lawful requirement or court order, in this case they are not liable to you for that amount.
9. Limitation of liability
9.1. Limitations of liability and exclusions of Satchel apply to all forms of liability, including contract, equity, negligence, with the exception of the extent that we cannot lawfully exclude them.
9.2. The liability of Satchel to you in relation to the payment card is limited to the current available balance on your card. We are not meet liability for any indirect or consequential loss of profit, cost savings, opportunity or reputation, regardless of the reason.
9.3. We do not take liability for:
9.3.1. Any claim, which arises when we act reasonably and in accordance with your instructions;
9.3.2. Any loss suffered by you or any third person and resulted by the matters outside of our control, including, but not limited to, strikes, machine or system failure, failure of an ATM or communication link, non-delivery of mail or lost communication causing your being unable to use payment card;
9.3.3. Any action taken by us, in case payment card has been reported lost or stolen and if a merchant declining a transaction because of suspecting that you do not posses payment card;
9.3.4. Any action, which has been taken against you in connection with fraudulent use of payment card;
9.3.5. Any losses, which arise through your negligent or fraudulent actions, either alone or together with any third party;
9.3.6. Any dispute between you and merchant;
9.3.7. Refusal by a merchant to accept the card payment;
9.3.8. Refusal by a financial institution to authorise a cash withdrawal.
9.4. We do not hold liability for any problems associated with purchases resulting from the use of payment card or for the quality of the goods or services purchased with this card. Any claim or dispute, including any right to compensation, if applicable, between you/authorised user and merchant must be settled directly with the merchant.
9.5. We are not liable for certain advantages or services related to the card and offered by a third party as well as for the conduct or actions of such third parties. Any claim or dispute, including any right to compensation, if applicable, between you/authorised user and third party must be settled directly with the third party.
10. Miscellaneous
10.1. It is prohibited to sell the card on and assign to other person any of your rights or obligations under these Rules. On the other hand, Satchel may assign any of rights and obligations under these Rules to any other person or business, subject to such party assuming our obligations under these Rules.
10.2. If any part of these Rules is recognized invalid, unlawful or unenforceable by a court of competent jurisdiction, such part shall be severed from the remainder of the Rules, which shall continue to be valid and enforceable to the extent permitted by law.
10.3. You have the rights in accordance with the current legislation. If some part of these Rules contradicts to any lawful right, these Rules will apply to the extent that they amend or negate the rights at law, but only to the extent permitted by law.
10.4. When using your card, you are obliged to comply with the Lithuanian law and the laws of any other country that apply to you, including anti-money laundering laws or laws prohibiting terrorism financing, or dealing with definite countries, people, or kinds of business.
10.5. These Rules are final document regulating your use and performance of the transactions of DAUPHIN PAY payment card . In case you approved any other rules regarding the use of Satchel card (e.g. the rules provided by any intermediaries, representatives, etc.) these Rules shall have priority and shall prevail any other documents regulating the use of DAUPHIN PAY payment card provided by any distributors.
11. Changes
11.1. Satchel may change any of these Rules by making the Company posting the amended ones at the Platform, in order to:
11.1.1. Correct any mistakes;
11.1.2. Make these Rules more comprehensible for our clients;
11.1.3. Reflect new developments or provide new services/products;
11.1.4. Ensure reasonable and competitive business operations;
11.1.5. Represent changes in market conditions, banking practices or cost of services;
11.1.6. Comply with any current legislation or to avoid contradictions with any applicable law or regulation;
11.1.7. Take into account any court ordinance or international sanctions that affect Satchel and any of our services.
11.2. Any amendments shall be effective immediately upon either posting of the updated Rules or notifying clients.
11.3. As a rule, we send our clients an email to inform them about any amendment or modification in these Rules. Nevertheless, we do not commit ourselves to sending such an email.
11.4. You agree to review these Rules periodically to be aware of such modifications and your continued access or use of this website shall be deemed your acceptance of the modified Rules.
11.5. We are not liable for any loss or inconvenience resulted in your incapability to keep yourself informed of these Rules.