Terms & Conditions

/Terms & Conditions
Terms & Conditions 2018-08-27T14:19:07+00:00

General Terms of Service

1.1. These Terms constitute a framework agreement which sets out the terms of (a) you and us entering into Island Pay Transaction(s); and (b) the use of the Island Pay Application and other Island Pay Services. Before you can enter into Island Pay Transactions and benefit from the Island Pay Services with us you are required to:

  1. read these Terms and tick the box confirming the accuracy of the information provided and your agreement with these Terms; and
  2. provide us with such documentation, photographs and information as we may reasonably request to comply with our regulatory obligations.

1.2. These Terms incorporate the Website Terms, the Cookie Policy, the Privacy Policy, the Website Acceptable Use Policy, the Mobile App Terms and any Supplements by this reference. By accepting these Terms, you are deemed to have accepted the terms and conditions of our third party service providers including but not limited to, for the avoidance of doubt, the relevant Island Pay Account Holder Terms.

1.3. Once you have completed the above and you have passed our internal checks, we shall make the Island Pay Application available to you.

1.4. You confirm that you have provided the correct Information during the process of creating an Island Pay Account. You undertake that, if your details change, you will notify us immediately. You shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate Information.

 

Regulatory Information

2.1. These Terms are between you (the “User”, “you” or “your”) and IslandPay Group Ltd. (“Island Pay”, “we”, “us” or “our”). Island Pay is a company incorporated in the Bahamas and whose registered office is at Templeton Building, Lyford Cay, Nassau, The Bahamas. Island Pay is the issuer of Electronic Money in your Island Pay Electronic Money Account and performs the payment services related to your Island Pay Electronic Money Account. Island Pay is authorised by the Central Bank of Bahamas (CBOB) as a Payment Service Provider and Electronic Money Issuer under the General Information and Application Guideline for Electronic Retail Payments Instruments and Electronic Money Products for the issuing of electronic money issued July 2017.

 

Commencement, Term and your Island Pay Account

3.1. These Terms shall commence on the day that Island Pay confirms to you via the Mobile App that your Island Pay Account has been approved and shall continue until terminated in accordance with Clause 24 (Amendments to these Terms) and/or Clause 27 (Termination).

3.2. Your Island Pay Electronic Money Account is an account in which Electronic Money, which Island Pay has issued to you in exchange for receiving money from you or on your behalf, is stored. The Electronic Money in your Island Pay Electronic Money Account may be used by you to enter into Island Pay Application Transactions.

3.3. You may be required to provide supplemental information to us to be able to use all of the functionality available.

3.4. When we hold Electronic Money for you, us holding the funds corresponding to the Electronic Money is not the same as a Bank holding money for you in that: (a) we cannot and will not use the funds to invest or lend to other persons or entities; (b) your Electronic Money will not accrue interest; and (c) your Electronic Money is not covered by the Financial Services Compensation Scheme. The funds corresponding to Electronic Money will be held in one or more segregated bank accounts separately from our own funds, in accordance with the provisions of the Electronic Money Regulations by the CBOB set out July 2017.

3.5. You are only able to store Bahamian dollars in your Island Pay Electronic Money Account.

3.6. We may stop your access to the Island Pay Application on reasonable grounds relating to:

  1. the security of the Island Pay Application;
  2. the suspected unauthorised and/or fraudulent use of the Island Pay Application.

If we do stop your access in such instances, we will inform you via the Mobile App and direct you to our customer services team via email on the Island Pay Application.

 

The Island Pay Application

4.1. The Island Pay Application is our portal where you can, among other things:

  1. perform Account Top-Ups via Cash Loads, Credit Card Transfers and Bank Transfers including recurring transfers;
  2. verify your identity with us;
  3. view your Island Pay Transaction History;
  4. view the balance of the Electronic Money you hold in your Island Pay Electronic Money Account;
  5. enable or disable your Island Pay Account, change the PIN on your Island Pay account and access other security features;
  6. enable Bill Payments;
  7. perform Person to Person payments;
  8. perform Mobile Top-Ups to Mobile Operator accounts.

4.2. You may access the Island Pay Application via the Mobile App.

 

Verification of Identity

5.1. You agree to cooperate with all requests made by us or any of our third party service providers on our behalf in connection with your Island Pay Account, to identify or authenticate your identity or validate your funding sources for Island Pay Transactions. This may include, but is not limited to, asking you for further information that will allow Island Pay to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your Information against third party databases or through other sources.

5.2. We reserve the right to close, suspend, or limit access to your Island Pay Electronic Money Account and/or the Island Pay Services in the event we are unable to obtain or verify such Information, or you do not comply with our requests under 5.1 of these Terms.

5.3. We may confidentially verify the information you provide to us or obtain information on you ourselves or through third parties from secure databases. Some of the searches which we or a third party may perform, such as a credit check, may leave a soft footprint on your credit history. This will not affect your credit rating. By entering into these Terms, you confirm that you consent to us or a third party on our behalf carrying out such verifications.

5.4. You must ensure the information on your Island Pay Account is always accurate and up to date. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. Your Island Pay Transaction Limit will be adjusted accordingly while we verify your identify. We shall not be liable for any losses arising out of your failure to maintain up to date information.

 

Top-ups to your Island Pay Electronic Money Account

6.1. In order to Top-Up the Electronic Money in your Island Pay Electronic Money Account, you will need to perform a Top-Up via Cash at authorized merchants, or via a User Bank Transfer or via a Credit Card Transfer or any other method we make available to you from time to time.

6.2. We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the amount of money you can receive through the Island Pay Services. In order to change your receiving limit, you must provide us with any supplemental information we request. If you have a Top-Up limit on your Island Pay Electronic Money Account, you may be able to view it by logging onto your Island Pay Application and accessing the Profile section.

Top-Up Via Cash

6.3. In order to Top-Up via Cash, you will need to go to authorized Island Pay Load Merchant that will accept cash and directly load value to your Island Pay Account.

Top-Ups via User Bank Transfer or Credit Card Party Bank Transfer

6.4. You may also fund your Island Pay Electronic Money Account by entering into a User Bank Transfer or a Third Party Bank Transfer.

6.5 To perform a User Bank Transfer within the Island Pay Application, you will be required to add and verify your bank account (and subject to the terms of the bank mandate used by your bank to set up and maintain the authority).  You provide us with a continuous authority to perform the User Bank Transfer and automatically charge your bank account to Top Up your Island Pay Electronic Money Account. Only named holders of the bank account can add the details to the Island Pay Application.

6.6 By performing a User Bank Transfer or Credit Card Transfer within the Island Pay Application we will hold the Top Up amount on your Island Pay Account until your bank has settled the amount.

6.7 If you perform a Top Up via a User Bank Transfer which is activated within the Island Pay Application and it is not completed due to insufficient or uncollected funds, you agree to reimburse us for the value of the User Bank Transfer.

 

Island Pay Transactions

7.1. The following are “Island Pay Application Transactions”:

  1. “Instant Transfer” – this means us sending Electronic Money into your Island Pay Electronic Money Account or from your Island Pay Electronic Money Account to the Island Pay Electronic Money Account of a different Island Pay User;
  2. “Cash Load/ Withdrawal” – this means you using your Physical Island App and Card PIN to obtain or load cash from an ATM or Island Pay Merchant location; and
  3. “Island Pay Purchase” – this means you using your Island Pay Account to purchase goods and/or services from a merchant by entering the details of your Island Pay Application and/or your PIN.

7.2. Island Pay may refuse to enter into an Island Pay Transaction with you at any time and for any reason.

7.3. Island Pay provides virtual receipts for successful Island Pay Transactions, which are accessible on the Island Pay Application. Island Pay will not and is under no obligation to provide you with a physical receipt or other written confirmation in connection with any Island Pay Transaction.

7.4 Transaction Fees listed in Bahamian Dollars

Add Funds from Credit Card $5.00
Person to Person Transfer (sender $0.25
Inactivity Fee* $1.00
Cash Withdraw $2.00
Bill Payment $0.25
Close Account and payout funds $20.00

*Please note that inactivity fee will be charged after 12 months of inactivity on the account.

12% VAT is added on top of every fee

 

Instant Transfer

8.1. You are able to send your Electronic Money using the Island Pay Application.

8.2. You can make a request to enter into an Instant Transfer by logging onto the Island Pay Application and following the on-screen instructions. You will need to enter the Counterparty’s details requested on the Island Pay Application (the ‘unique identifier’) in order to request entry into an Instant Transfer. It is your responsibility to make sure that the Counterparty’s unique identifier is entered correctly. Any error may result in the Instant Transfer being unsuccessful or delayed. We shall not be liable for any losses you incur from entering an incorrect unique identifier.

8.3. If the Counterparty is already an Island Pay User, you will be informed on the Island Pay Application, prior to confirming your request to enter into the Instant Transfer, of:

  1. the Counterparty’s name;
  2. the amount and currency of Electronic Money you wish to send to the Counterparty

8.4. In order to submit the request to enter into the Instant Transfer, you will need to confirm the details which have been entered by touching the button labeled “Send” on the relevant part of the Island Pay Application. Once you have provided confirmation (provided the Counterparty is an Island Pay User), then at this time we will have been deemed to have received your request to enter into the Instant Transfer.

8.5. If the Counterparty is not an Island Pay User, then the request to enter into an Instant Transfer shall be pending for 72 hours (excluding weekends and bank holidays in the Bahamas). The request to enter into the Instant Transfer will not be deemed as received until the Counterparty is approved as an Island Pay User, within the 72 hours (excluding weekends and bank holidays in the Bahamas) that the Instant Transfer is pending. The Counterparty will receive an SMS with instructions on how to open an Island Pay Account. You authorise Island Pay to send an SMS to the Counterparty on your behalf. If the Counterparty does not sign-up to Island Pay within 72 hours of the SMS being sent to them, then the pending Instant Transfer will be terminated.

8.6. If the Counterparty is not an Island Pay User then:

  1. the request to enter into the Instant Transfer will be pending and will not be deemed to have been received by us until the non-Island Pay User has been accepted as an Island Pay User;
  2. the Instant Transfer should be completed at the latest by the end of the Business Day following the day upon which the Counterparty becomes an Island Pay User, provided the Counterparty becomes an Island Pay User before the pending Instant Transfer lapses.

8.7. Once your Electronic Money has been sent, you will be able to view the completed Instant Transfer on the Island Pay Transaction History part of the Island Pay Application.

 

ATM Withdrawal

9.1. You can use the Island Pay Mobile App or your Physical Island Pay Card  to withdraw cash from an ATM. In such an event we will redeem Electronic Money in your Island Pay Electronic Money Account and you will be provided with the equivalent amount of cash. You will need to follow the instructions on the ATM machine to perform the ATM Withdrawal. This may involve entering your Account PIN.

9.2 Withdrawal will be subject to the fee set out in the Fees and Pricing Section.

 

Island Pay Account Purchase

10.1. You can use your Island Pay Account to purchase goods and/or services from a merchant either online or at a point of sale terminal anywhere that accepts the Island Pay Account. In such an event we will redeem Electronic Money in your Island Pay Electronic Money Account and the merchant will be sent, less any fees from Island Pay (acting as Electronic Money Issuer), the equivalent amount of money. You will need to follow the instructions on the relevant website or point of sale machine to perform the Island Pay Account Purchase.

 

Receive Electronic Money

11.1. If you receive Electronic Money into your Island Pay Electronic Money Account, we will send a notification to the Island Pay Application and display the payment in your Island Pay Transaction History.

 

Your Balance and Negative Balances

12.1. You acknowledge that balances and available funds reported on the Island Pay Application are only approximate real time balances rather than the settled balances in your Island Pay Electronic Money Account. A real time balance may not take into account pending debits and credits. Island Pay will provide you with information on pending debits and credits as soon as it has that information.

12.2. If for any reason (including, but not limited to, any technical errors on our behalf or on behalf of our third-party providers) you have a negative balance in your Island Pay Electronic Money Account, you agree to immediately Top-Up the required amount to correct the negative balance, such amounts being due without the need for previous notification. If you fail to do so we may:

  1. initiate a chargeback procedure for any specific transaction which led to your Island Pay Electronic Money Account having a negative balance;
  2. take debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts;
  3. request that you complete a Top-Up in order to correct a negative balance. It you fail to do so within 7 Business Days, you authorise us to initiate a payment transaction for the amount of the negative balance (or the equivalent in another currency) from one of your Credit Cards or User Bank Accounts.

 

Security

13.1. You must ensure that you take all reasonable steps to:

  1. ensure that your Mobile and your Mobile PIN is kept safe and secure;
  2. ensure that access to the Island Pay Application is kept safe and secure;
  3. ensure your Island Pay Account PIN is kept safe and secure; and
  4. ensure (if issued) your NFC payment tag is safe and in your possession.

13.2. The requirement in Clause 13.1 includes, but is not limited to, for the avoidance of doubt:

you:

  1. closing the Mobile App every time you are not using it;
  2. keeping the Mobile you use to gain access to the Island Pay Application safe and secure and locked with a secure password or other security mechanism;
  3. not writing down or telling anyone your Mobile PIN;
  4. changing your Mobile PIN regularly;
  5. if you receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your Mobile PIN, not providing your information and contacting our customer services team via email;
  6. ensuring that the Mobile and e-mail account(s) you use to communicate with us are secure and only accessed by you, as the Mobile and e-mail address may be used to reset your Mobile PIN or to send information relating to the security of the Island Pay Application;
  7. if at any time you think that your Mobile PIN has been lost, stolen or any other person knows your Mobile PIN or anyone has access to your e-mail account or the Mobile you use to communicate with us, informing customer services immediately via email

13.3. All Island Pay Transactions are processed by automated methods, and anyone who obtains access credentials to the Island Pay Application or access to an Island Pay Card could use it to enter into Island Pay Transactions without your permission. If you notice misuse, theft or unauthorised use of your Mobile Application, Mobile PIN or Card PIN or any other activity that makes you suspicious, you must contact the customer services team and, if possible, enable the appropriate security features on the Mobile App. If you suspect identity theft or theft of Electronic Money, we suggest that you contact your local police as well.

 

Restrictions on the Use of Island Pay Services

14.1. It is not permitted to:

  1. use the Island Pay Services for any illegal purposes, including, but not limited to fraud and money laundering, unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, the funding of terrorist organizations, the unlawful purchase or sale of tobacco, firearms, prescription drugs, other controlled substances or other products prohibited by law. Island Pay will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator;
  2. use the Island Pay Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full;
  3. breach these Terms, the Island Pay Account Holder Terms (as applicable) or any other agreement or policy that you have agreed with Island Pay or with Island Pay (acting as Card Issuer);
  4. create more than one Island Pay Account without our prior written consent;
  5. use the Island Pay Services to violate any law, statute, ordinance, or regulation;
  6. use the Island Pay Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale, of illegal goods or services;
  7. infringe Island Pay’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  8. act in a manner that is defamatory, libelous, threatening or harassing when using the Island Pay Services;
  9. provide us with false, inaccurate or misleading information;
  10. use the Island Pay Services to engage in debt-collection activities;
  11. instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
  12. attempt to intentionally or knowingly receive or attempt to receive funds from both Island Pay and a merchant for the same Island Pay Transaction;
  13. control an Island Pay Account that is linked to another Island Pay Account that has engaged in any of these Restricted Activities;
  14. conduct your business or use the Island Pay Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to Island Pay, other Users, third parties or you;
  15. use your Island Pay Account or the Island Pay Services in a manner that Island Pay (acting as Account Issuer), Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the Island Pay system or a violation of card association or network rules;
  16. allow your Island Pay Electronic Money Account to have a negative balance;
  17. provide yourself with a cash advance from your credit card (or help others to do so);
  18. take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Island Pay Services;
  19. take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
  20. circumvent any Island Pay policy or determinations about your Island Pay Electronic Money Account including, but not limited to, attempting to create a new or additional Island Pay Account when an Island Pay Electronic Money Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Island Pay Electronic Money Accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Island Pay Electronic Money Account;
  21. harass our employees, agents, or other Users;
  22. refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  23. use the Island Pay Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable law;
  24. refuse or fail to provide further information about you or your business activities that we may reasonably request;
  25. conduct your business or use the Island Pay Services in a manner that leads us to receive a disproportionate number of claims or chargebacks;
  26. reveal your Mobile PIN or Card PIN to anyone or use anyone else’s Mobile App or Island Pay Card.

14.2. You must ensure that you only enter into Island Pay Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via an Island Pay Transaction is not an indication of the legality of the supply or provision of the goods or services.

14.3. We reserve the right to refuse to perform an Island Pay Transaction directly or indirectly associated with any Restricted Country.

14.4. If Island Pay, in its sole discretion, believes that you may have breached the provision of this Clause, we may take action to protect ourselves, other Users and third parties. The action we may take includes but is not limited to:

  1. closing, suspending, or limiting your access to your Island Pay Electronic Money Account or any or all of the Island Pay Services.
  2. contacting other Users who have transacted with you; contacting your bank or credit card issuer; and/or warning other Users, law enforcement, or impacted third parties of your actions;
  3. updating inaccurate Information you have provided to us;
  4. taking legal action against you;
  5. terminating these Terms or access to the application;
  6. fully or partially reversing an Island Pay Transaction; and/or
  7. blocking your access to your Island Pay Electronic Money Account and/or Island Pay Application temporarily or permanently.

14.5. Where possible, Island Pay will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.

 

Island Pay Transaction Limits

15.1. We reserve the right to impose at our sole discretion Island Pay Transaction Limits, based on criteria determined by us and that does not have to be disclosed.

15.2. You may be able to view some of these Island Pay Transaction Limits by logging onto the Island Pay Application. Island Pay may, from time to time, provide you with procedures or methods to remove or increase such limits. We reserve the right to remove Island Pay Transaction Limits from the Island Pay Application.

 

Suspending Your Use of Island Pay Services

16.1. We reserve the right to change, suspend or discontinue any aspect of the Island Pay Services at any time, including hours of operation or availability of the Island Pay Services or any Island Pay Services feature, without notice and without liability.

 

General Liability

17.1 You will be liable for all losses incurred in respect of an Instant Transfer, an Island Pay Bank Transfer, ATM Withdrawal and Island Account Purchase made by us which was not authorised by you if you have acted fraudulently or have intentionally or with gross negligence failed to comply with the obligations set out in Clause 13 (Security)

17.2. We shall not be liable for non-execution or defective execution in relation to an Instant Transfer or Island Pay Bank Transfer we have made in accordance with a unique identifier given to us by you which proves to be incorrect. However, we shall make reasonable efforts to recover funds involved in that transaction and may charge you for doing so, including passing on to you charges made by intermediary banks and/or the payee’s bank for their assistance in the tracing process.

17.3. We are not liable to you for the correct execution of an Instant Transfer, an ATM Withdrawal or an Island Pay Account Purchase if we can prove to you (and where relevant, to any payee’s payment services provider) that the payee’s payment services provider received the payment within the appropriate time period. We will, however, upon your request, make efforts to trace any non-executed or defectively executed payment transactions or any Island Pay Bank Transfers which were correctly executed to an account which is deemed fraudulent and notify you of any outcome involving our search.

17.4. We shall not be liable to you for any:

  1. delay or failure to perform our obligations under these Terms (including any delay in payment) by reason of any cause beyond our reasonable control including, but not limited to, any action or inaction by you or any third party, any Force Majeure Event, bank delay, postal delay, failure or delay of any fax or electronic transmission, any accident, emergency, act of god or any abnormal or unforeseeable circumstances; or
  2. consequential or indirect loss (such as loss of profits or opportunity) you may incur as a result of us failing to perform our duties under an Island Pay Transaction.

17.5. You are responsible for all liabilities, financial or otherwise, incurred by Island Pay (acting as Account Issuer), an Island Pay User, or a third party caused by or arising out of your breach of these Terms, your use of the Island Pay Services, and any use of your Island Pay Account. You agree to reimburse Island Pay (acting as Account Issuer), an Island Pay User, or a third party for any and all such liability, to the extent not prohibited by applicable law.

17.6. You remain liable under these Terms in respect of all charges and other amounts incurred through the use of your Island Pay Account at any time, irrespective of termination, suspension or closure.

17.7. You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Island Pay Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. You are liable to the state and other subjects for fulfilment of all tax obligations independently. Island Pay shall not be responsible for the execution of tax obligations, or calculation and transfer of taxes applied you.

17.8. You agree to defend, reimburse or compensate us (known in legal terms to “indemnify”) and hold Island Pay, our third party providers, our employees or agents who are authorised to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of these Terms, breach of any law and/or use of the Island Pay Services.

17.9. Nothing in these Terms shall operate to exclude liability for death or personal injury or for fraud or fraudulent misrepresentation or for any liability that cannot be excluded or amended by law.

17.10. In no event shall Island Pay be liable for loss of profits or any special, incidental or consequential damages arising out of these Terms or otherwise in connection with the Island Pay Services, howsoever arising.

17.11. To the extent permitted by applicable law, Island Pay is not liable, and you agree not to hold it responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

  1. your inability to use the Island Pay Services for whatever reason;
  2. delays or disruptions in the Island Pay Services;
  3. viruses or other malicious software obtained by accessing the application or any associated site or service;
  4. glitches, bugs, errors, or inaccuracies of any kind in the Island Pay Services;
  5. the content, actions, or inactions of third parties;
  6. a suspension or other action taken with respect to your Island Pay Account;
  7. your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to these Terms or Island Pay’s policies;
  8. illegal actions and operations of third persons performed using counterfeited and/or illegal documents or illegally received data;

 

Withdrawing Funds

18.1. You may withdraw funds from your Island Pay Electronic Money Account by entering into an ATM Withdrawal or by using any other available method on the Island Pay Application or otherwise notified to you from time to time.

 

Closing Your Account

19.1. Your Island Pay Account will be closed at the end of the term of this agreement in accordance with Clause 3.1 or upon termination of these Terms in accordance with Clause 24 (Amendments to these Terms) and Clause 27 (Termination). You accept that after your Island Pay Account has been closed, Island Pay will store personal data about you and your Island Pay Transactions for a period of five years.

19.2. If your Island Pay Electronic Money Account holds a balance at the time of its closure, we may ask you to withdraw your funds within a reasonable period of time, during which your Island Pay Electronic Money Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your Island Pay Electronic Money Account but you may withdraw any remaining funds for a period of six years from the date of closure of your Island Pay Account by contacting customer service and requesting that the funds be sent to you by returning the funds by bank transfer. When your Island Pay Account is closed, any pending instructions will be cancelled.

19.3. You may not close your Island Pay Account to evade an investigation. If you attempt to close your Island Pay Account while Island Pay is conducting an investigation, it may freeze the account to protect all parties to the Island Pay Services, its affiliates, or a third party against any liability. You will remain liable for any obligations related to your Island Pay Account even after it is closed.

 

Notice and Communications

20.1. You agree and consent to electronic receipt of all Communications that we provide in connection with the Island Pay Services. We will provide Communications to you by making them available on the Island Pay Application or by emailing them to you at the primary email address listed in your Island Pay Account Profile.

20.2. It is your responsibility to ensure that you log onto the Island Pay Application regularly and regularly review the Island Pay Application, the Website and your primary email address and open and review communications that we deliver to you through those means. You are obligated to review your notices and Island Pay Transaction History, and to promptly report any questions, apparent errors, or unauthorised Island Pay Transactions. Failure to contact us in a timely manner may result in loss of funds or important rights.

20.3. We may contact you from time to time to notify you of changes or information regarding your Island Pay Account. It is your responsibility to ensure you regularly check the Island Pay Application and that your contact information stored on your profile in the Island Pay Application is up to date. You may contact us in accordance with these Terms via email.

 

Data

21.1. The processing of your data is governed by these Terms, any applicable Supplements as well as our Privacy Policy.

21.2. Island Pay reserves the right to transmit the Information or personal data about you as well as activity in your Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant legislation have not been violated.

21.3. When you use the Island Pay Services we may collect precise location data about an Island Pay Transaction. If you permit the Mobile App to access location services through the permission system used by your mobile operating system, we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address. You may opt out of providing location data through the Mobile App.  Unless you opt out of providing location data, you consent to the collection, use, sharing and onward transfer of location data, as further set forth in the Privacy Policy.

21.4. By providing Island Pay with a telephone number (including a mobile telephone number), you agree to receive autodialled and pre-recorded message calls at that number. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at Island Pay Account opening, adding a telephone number to your profile on your Island Pay Application at a later time, providing it to one of our employees, or by contacting us from that phone number. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number for service-related matters. We will not share your phone number with non-affiliated third parties for their purposes without your consent and we will never market, advertise, or solicit you using autodialling or pre-recorded messages, but we may share your phone numbers with our affiliates or with other service providers, such as billing or collections companies, who may contact you using autodialled or pre-recorded messages or text messages.

21.5. You understand and agree that Island Pay may, without further notice or warning and at our discretion, monitor or record the telephone conversations you or anyone acting on your behalf has with Island Pay or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Island Pay may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Island Pay, and Island Pay does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

21.6. You agree that we can use your Information in connection with your Island Pay Account to enable us to review, develop and improve our products and services. This may involve providing your Information to our partners, affiliates, agents, distributors and suppliers to process Island Pay Transactions and for their statistical research and analytical purposes. We may also disclose your Information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.

21.7. You understand and agree that we may collect information about how you and other Island Pay Users interact with the Island Pay Services. We may access the address book on your device and store names and contact information to facilitate social interactions through the Island Pay Services and for other purposes. We collect transaction details related to your use of the Island Pay Services, including the type of service requested, date and time the service was provided, amount charged and other related transaction details. We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information and mobile network information. You agree that we may use the information that we collect to facilitate interactions with the Island Pay Services, including sharing certain non-sensitive information about you with other Island Pay Users.

 

Intellectual Property

22.1. The Island Pay Application and the Website and all intellectual property rights contained therein, including but not limited to any content, are owned or licenced by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Island Pay’s intellectual property include “IslandPay.com,”

22.2. We reserve all of our rights to any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.

22.3. Nothing in these Terms grants you any legal rights to the Island Pay Application and/or the Website, other than as necessary to enable you to access the Island Pay Application. You agree not to adjust or try to circumvent or delete any notices contained on the Island Pay Application (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within the Island Pay Application.

 

Customer Support and Complaints

23.1. We take all complaints seriously. Any complaints about us or the services we provide should be addressed to us via email. You should clearly indicate that you are wishing to make a complaint to us. This helps us to distinguish a complaint from a mere query. Our complaints procedure (available on our Website) sets out the process for submitting and resolving any complaints. You may request a copy of our complaints procedure at any time by contacting customer services via email.

 

Amendments to these Terms

24.1. These Terms may be amended unilaterally by us. These changes will be deemed to have been accepted by you where you do not, before the proposed date of the entry into force of the changes, notify us to the contrary. If you do notify us to the contrary, your notification will be deemed to be a notice that you wish to close your Island Pay Account and terminate these Terms on the date upon which the changes are to take effect.

24.2. Where an amendment to the Terms is required by law or relates to the addition of a new service, extra functionality to the existing Service, a reduction in the cost of the Services or any other change which neither reduces your rights nor increases your responsibilities, the amendment may be made without prior notice to you and shall be effective immediately.

 

Fees

25.1. The fees we charge for the Island Pay Services are set out in the separate Fees and Pricing Section to these Terms. We will provide you with notice of any changes to the Fees and Pricing Section in accordance with these Terms. It is your responsibility to stay informed and review these changes once we have provided you notice of a change to our fees.

 

No Warranty

26.1. The Island Pay Services are provided on an “as is,” “as available” basis and without any representation or warranty, whether express, implied or statutory. Island Pay, and the officers, directors, agents, joint venturers, employees and suppliers of Island Pay, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the Island Pay Services used on or accessed through the Island Pay Services, or for any breach of security associated with the transmission of sensitive information through the Island Pay Services.

26.2. Island Pay does not warrant that the Island Pay Services will be uninterrupted or error free. Island Pay shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Island Pay Transactions or the Island Pay Services.

26.3. Island Pay does not have any control over the products or services that are paid for using the Island Pay Services.

26.4. Island Pay is not responsible for the quality, performance, or any consequential results of the products and/or services purchased using the Island Pay Services.

 

Termination

27.1. Island Pay, in its sole discretion, may terminate these Terms at any time, by giving you two months’ notice. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms.

27.2. You may terminate these terms at any time by providing us with one month’s notice, such notice to be provided via email.

27.3. Without prejudice to any rights that have accrued under these Terms, or any party’s other rights or remedies, either party may at any time terminate these Terms with immediate effect by giving written notice to the other party if:

  1. the other party commits a material breach of any term of these Terms and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
  2. the other party repeatedly breaches any of the terms of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these Terms;
  3. the other party is subject to a bankruptcy, insolvency, winding up or other similar event; and/or
  4. the result of laws, payment scheme rules, regulatory authority rules or guidance or any change in or any introduction thereof (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rules, order or regulations for either of the parties to perform or give effect to any of its obligations hereunder and such obligation cannot be readily severed from these Terms.

27.4. Without prejudice to any rights that have accrued under these Terms or any of the party’s rights or remedies, we may at any time terminate these Terms with immediate effect by giving written notice to you if:

  1. we are unable to verify your information in the manner set out in these Terms;
  2. you die;
  3. we have reason to believe that your use of the Island Pay Services: damages, corrupts, degrades, destroys and/or otherwise adversely affects the Island Pay Services, or any other software, firmware, hardware, data, systems or networks accessed or used by you;
  4. there is a significant fluctuation (either positive or negative) in the aggregate number of Island Pay Transactions you enter into;
  5. you have acted or omitted to act in any way which we reasonably determine to diminish Island Pay’s (acting as Card Issuer or otherwise) business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect to give rise to any offence or any increased risk or liability to us; and/or
  6. we are unable to provide the Island Pay Services to you through the inability of any third party to provide us with any good and/or service that we require to provide the Island Pay Services to you.

27.5. Other actions we may take. If you have breached the terms of these Terms (including a breach of your obligation to pay us any amount owing), we are otherwise entitled to terminate these Terms, or we may: suspend your use of the Island Pay Services (in whole or in part) in which case we will not treat any order for an Island Pay Transaction that you may wish to make as being received by us; report any Island Pay Transaction or any other relevant information about you and your use of the Island Pay Services to the relevant regulatory authority, law enforcement agency and/or government department; and/or if appropriate, seek damages from you.

27.6. Termination of these Terms requires the closing of your Island Pay Electronic Money Account in accordance with Clause 19 and the termination of all Island Pay Accounts and the associated Island Pay Account Holder Terms (as applicable). Island Pay will deal with your remaining balance in accordance with these Terms and the Island Pay Account Holder Terms (as applicable).

27.7. Any terms which by their nature should survive, will survive the termination of these Terms.

 

Miscellaneous

28.1. In order to use other functions of the Island Pay Services, you may be requested to accept other terms and conditions, either with Island Pay or with a third party.

28.2. To be eligible to use the Island Pay Services, you must:

  1. pass our regulatory due diligence checks;
  2. not be in breach of these Terms; and
  3. not have had any previous Island Pay Account closed by us.

28.3. These Terms shall be governed by the laws of the Bahamas and any claim or dispute under these Terms shall be subject to the non-exclusive jurisdiction of the Courts of the Bahamas. For the avoidance of doubt these Terms do not include any alternative dispute resolution procedures as a means of disputing or issuing any claims in relation to these Terms.

28.4. These Terms do not intend to confer any benefit on any third party and no third party shall have the right to enforce these Terms.

28.5. The Electronic Money in your Island Pay Electronic Money Account belongs to the person or legal entity which is registered as the Island Pay Account holder. We recognise only the rights of the holder of the Island Pay Account. You cannot assign or transfer legal ownership of the Island Pay Electronic Money Account to anyone.

28.7. If we fail to enforce any of our rights under the Terms, or applicable laws, it shall not be deemed to constitute a waiver of such right.

28.8. You may not transfer or assign or sell any rights or obligations you have under these Terms or otherwise grant any third party a legal or equitable interest over your Island Pay Electronic Money Account without Island Pay’s prior written consent. Island Pay reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.

28.9. We may comply with any subpoena, levy, or other legal process which we believe to be valid. We may notify you of such process electronically, by phone, or in writing.

28.10. Island Pay (acting as Electronic Money Issuer or otherwise) has the right to change any of its third-party service providers, including without limitation the Account Processor, with or without notice.

28.11. Island Pay reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any provider content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms.

28.12. Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

28.13. We do not provide advice and contract on an execution only basis. We may provide information to you from time to time, for example via the Island Pay Application or the Website, but we will not and do not provide advice to you either upon the merits of a proposed Transaction or upon any other matter. Before entering into any Island Pay Transaction you must make your and their own independent assessment as to whether it is appropriate to enter into an Island Pay Transaction based upon your own judgment and upon such advice from such advisers as you consider necessary. It is an express term of every Island Pay Transaction which you enter into with us that you are not relying upon any communication (written or oral) made by us as constituting advice about or a recommendation to enter into such Island Pay Transaction.

28.15. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

28.16. The Schedules form part of these Terms and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.

28.17. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

28.18. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

28.19. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

28.20. These Terms shall be binding on, and enure to the benefit of, the parties to these Terms and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.

28.21. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

28.22. A reference to writing or written includes email.

28.23. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

28.24. These Terms shall be concluded and interpreted in the English language. If these Terms are translated into another language, it is for reference purposes only. All communications between the parties shall be in the English language.

28.25. Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than the Bahamas, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.