Terms of Use of the Website UpayCard

General

  1. The Website “www.upaycard.co.il” (hereinafter - the Website) is operated by ICP Finances Ltd. (hereinafter - the Company or UpayCard).
  2. The services offered to you on this Website as a holder of a UpayCard or as someone who wishes to be a cardholder shall be hereinafter referred together as the “Services”. The actual use of the Services constitutes your consent to the Terms of Use set forth hereafter, and therefore it is recommended that you review them carefully. If you do not agree to any of the terms, you must immediately cease any action or use of the Website.
  3. UpayCard reserves the right to periodically change and update the Terms of Use, and these will be viewable at any time on the Website. UpayCard will notify of such change in a notice that will appear on the Website.
  4. The Terms of Use do not derogate from the cardholder’s agreement or other documents you have signed or will sign, rather they only add to them. Accordingly, terms in the Terms of Use shall have the same meaning as they have in the cardholder agreement, unless expressly written otherwise.
  5. It is possible that the issuer of the card (the Max Company and/or anyone on its behalf and/or in cooperation with it) may have additional terms of use, which will not derogate from these Terms of Use, rather they will only add to these Terms of Use.
  6. UpayCard reserves the right to add and/or detract various services in the future according to its sole discretion. UpayCard reserves the right not to provide certain services for certain types of cards (such as cards that have been blocked and/or canceled for any reason).
  7. Advertising that shall periodically appear on the Website, if any, does not constitute an offer and/or advice and it is possible that it does not take into consideration your special information, and it does not constitute a recommendation and/or opinion and/or substitute for your independent judgment.
  8. The rules are worded in the masculine gender for convenience only, however they refer to both men and women.

Your obligations at the time of using the Services

  1. You undertake not to perform the following actions (in their entirety or in part):
    1. Not to impersonate any other person or other legal entity.
    2. Not to use the Website if you are not 18 years old at least.
    3. Not to make any illegal use of the Services and/or of the device.
    4. Not to use the Services for the purpose of purchasing and/or selling alcohol and/or dangerous drugs and/or medication and/or pornography and/or for the purpose of gambling and/or playing prohibited games (including receiving money from gambling and/or from the prohibited games) and/or any other area that will be prohibited by UpayCard.
    5. Not to prevent, interfere, or restrict use of the Website (including any other use other than fair and reasonable use of the Website), inter alia, by loading, sending or transmitting any material that contains any type of computer virus, or any other computer code.
    6. To avoid spreading spam to servers through which the Services are operated.
    7. Not to cause any modification, processing, adjusting, sublicensing, translation, sale, performing actions of re-engineering, disassembly or reassembly of any of the parts of the code that make up the Website as well as similar actions regarding the hardware and software which are being for providing the Services.
    8. Not to place the Services, or any part of them or any part of the Website, in the framework of another site (frame) or as part of another site (mirror) or as part of another service.
    9. Not to use any robot, information retrieval and search engine or any other automated or manual tool that is designed to index, retrieve, and locate information in the Services and/or on the Website, or such tool that is designed to expose the structure of the database and the code in the Services and/or in the Website.
    10. Not to interfere in any other way, or interrupt the Services and/or the Website, including by interfering with the server’s operations, and the network of computers connected to the Services and/or the Website or the computer network connected to them.
    11. Not to make any use of the Website and/or of the Services that may infringe the copyrights and/or intellectual property rights of UpayCard and/or of any party.

Registration to the Services

  1. Some of the Services may be conditional on prior registration, in which case the provisions set forth hereafter will apply to the registration.
  2. During the registration to any of the Services you may be asked to choose a personal password that will identify you when using any of the Services. Also, in some cases, you will be asked to choose identifying questions, and provide the answer to them. This action enables performing better identification of the customer and safer use of the Services.
  3. Please take all measures to keep the password and the answers to the identifying questions secret, and act in accordance with UpayCard’s instructions as existing from time to time, including changing the password with a new random password which is difficult to guess as much as possible, at the frequency that UpayCard will instruct you. UpayCard will not be responsible if you gave your password to another person or were negligent in safeguarding it.
  4. At the time of registering to the Services (and in particular to the service of viewing the information pages), you authorize UpayCard to keep certain information about you. The transactions and actions performed through the Services could be recorded and documented by UpayCard. Use of this information and any other information about you will be subject to the privacy policy of UpayCard set forth hereafter.
  5. You undertake to provide true, accurate, correct and complete information about you as requested on the Website. Furthermore, you undertake to update the information as provided by you in order to maintain its accuracy and integrity.
  6. UpayCard reserves the right to suspend, cancel or refuse to provide the Services, in whole or in part, in any case of providing information was not true, up-to-date, complete or correct at the time of registration or after it, or if UpayCard has a reasonable basis to assume this has happened.

Remedies

  1. UpayCard shall be entitled at any time and without prior notice to suspend, discontinue or delay use of the card and/or the Website, at the occurrence of one or more of the following cases:
    1. If there is a concern that you have breached the provisions of these Terms of Use.
    2. If it believes that your use of the card and/or of the Services constitutes a financial risk and/or any fraud and/or if there is a reasonable concern of this.
    3. If it believes that your actions may cause a financial loss and/or payment and/or create legal liability for you or for it and/or for anyone on its behalf.

Liability and Risks

  1. UpayCard’s systems are based on software, hardware and communication networks, and as a result they are exposed risks that are typical in systems of this type, including malware (viruses, trojan horses, etc.), eavesdropping, hacking, or impersonation of the UpayCard Website or any of the other online systems and scams. UpayCard invests a great deal of effort in protecting against these risks, however despite this you should know that it is not possible to completely block them and damage and/or losses may occur due to the realization of any of them.
  2. Without derogating from the provisions of this Agreement, UpayCard will be exempt from liability for any damage, loss or expense that may be caused to you, directly or indirectly, as a result of any of these events/ factors, and provided that those factors are not under UpayCard’s control, and UpayCard has made a reasonable effort to prevent them:
    1. A disruption of data or instructions, or the non-performance or late performance of an instruction as a result of any malfunctions or disruptions in the communication lines and/or electronic or mechanical malfunction, whether at your location, whether at the company or at any third party through which the instructions and the information pass.
    2. The malfunction of any software and/or hardware in your possession, including any software and/or hardware provided to you by a third party.
    3. Disclosure of information by you to any third party not in accordance with the provisions of the agreement or the Terms of Use.
  3. In order to reduce the risk, you must adhere to UpayCard’s information security procedures. Furthermore, you must immediately notify UpayCard of any case of a concern of misuse of your account and/or your card and/or your name. In the event of a concern that your personal password has been exposed, the password must be proactively and immediately changed on the Website or with the assistance of customer service.

Privacy Policy

  1. In order to use some of the Services conveniently and efficiently, you may be required to provide to UpayCard a few details about you. This information may include, inter alia, your full name, your electronic mail address, your date of birth, your gender, address, zip code, mobile phone number, and identification number. You may also be asked for your credit card information (hereinafter - the “Information”). The details provided by you may be verified against information about you that is already in UpayCard’s possession or that will be in its possession or that will be lawfully provided to it.
  2. UpayCard sees great importance in protecting your privacy, and it makes great efforts in order to properly protect the information provided to it.
  3. UpayCard’s Privacy Policy, as set forth hereafter, may periodically change. In the event that UpayCard materially changes this policy, it will notify you by an appropriate notice on the Website, or by sending an electronic mail notice. The Privacy Policy also applies to the identifiable personal information provided by you, as part of the registration process for the Services, to the personal information you provide while using the Services, and to information collected about you while you browse the Website or use the Services.
  4. UpayCard automatically documents on its servers or may document all information received from your browser/ cellular phone and/or any other device, including your IP address, your location and all the pages on the Website that you visited. By agreeing to these Terms of Use, you express your consent that such documentation will be performed by UpayCard.
  5. UpayCard may use the information collected about you, inter alia, for the following purposes, and by using the Website you agree and authorize UpayCard to use such information: (a) information security and fraud monitoring, including in order to prevent illegal and/or unauthorized use of the card; (b) contacting you; (C) statistical analysis of the information for UpayCard’s needs.
  6. To the extent that you do not want UpayCard to use such information collected about you, you are requested not to use the Services on the Website.
  7. In addition, and subject to your express consent, UpayCard may use the information for the purpo

    Customer Service

    se of sending marketing and/or advertising material to you and/or to the business, including by mail or electronic mail or by SMS messages or by an automatic dialing system, or by any other means of communication, inter alia, based on your location.
  8. UpayCard will not sell or transfer the information about you, in whole or in part, to any third party without receiving your express consent to do so.
  9. UpayCard shall be entitled to disclose the information to any third parties subject to the following terms: Disclosure of the information or part of it is necessary for the provision of the Services and information security purposes (including your identification) and to prevent illegal and/or unauthorized use of the card; If this is required by law or in legal proceedings; In the event that UpayCard finds that your actions breach the Terms of Use, or are performed for the purpose of committing fraud of any kind; In cases required by law, and to related parties that issue or clear the card’s activity or that market it including the Max Company.
  10. By agreeing to these Terms of Use (and as long as you do not change your browser settings for blocking them), you permit UpayCard to install Cookies in your device (a file that is transferred to your device by an internet server, and its purpose is to enable UpayCard to identify you quickly and efficiently).

Notices and Updates

  1. Notices and updates regarding the Services provided through the Services, including advertising mail, may be sent to you by the electronic mail system, or by regular mail or by SMS messages or by an automatic dialing system, or by any other means of communication to the address you specified in the registration form for the Services, or that was provided to us in the framework of providing the current service, or in the framework of the agreement on which you have signed with UpayCard.

Customer Service

  1. UpayCard’s customer service operates on Sundays-Thursdays, between the hours of: 8:00-20:00 and on Fridays and holiday eves between the hours of: 8:00-13:00. You can contact customer service at any time, including in cases of technical malfunctions in the Website, by the ways set forth hereafter: by telephone: 03000000, or by delivery or personally coming to the offices of UpayCard at 9 Masada Street, Besser 3, Bnei Brak.

Stopping the Service

  1. If you wish to cancel use of the Services, in whole or in part, you can do so on the Website or by contacting customer service at telephone 03-000000.
  2. UpayCard reserves the right to terminate the Services, permanently or for a limited period of time, all or in part, by an advance notice of 14 days, except in exceptional cases where the termination is due to the need to protect you and/or UpayCard, in which case UpayCard will be entitled to immediately terminate the Services.
  3. Without derogating from the generality of the aforesaid, UpayCard reserves the right to cancel, permanently or for a limited period of time, your permission to use the Services, all or in part, including due to a concern of misuse of the Services by you or by a third party.

Jurisdiction

  1. The Israeli law exclusively governs the use of the service. The courts in Tel Aviv – Jaffa or in Jerusalem have exclusive jurisdiction.