Terms and Conditions
The Company gives you a license to use the App on a device that you own, control or use, subject to these Terms and Conditions.
This license enters into force when you download the App and log on for the first time and will continue until terminated as set out in clauses 4 or 5.2 of these Terms and Conditions. The below terms are used with the following meaning.
- "HolaPay App”, “HolaPay" or "App" means this app or any subsequent app/version which can be downloaded to any device which runs an operating system supported by us, through which you can access our service.
- "PIN code" means a 4-digit numeric code created by Customer to access the App and use its services.
- "Biometric data" means your biometric data by which you access the App and use its services.
- "you", "your" and "yours" mean the person who has downloaded the App and any other person who uses that App.
- "we", "us" and "our" mean the Company, and any agents we appoint to provide all or part of the App services.
2 USER IDENTIFICATION
To use HolaPay App services, you need to pass the Remote User Identification process, in order to avoid fraudulent transactions and to mitigate other financial crime risks.
Remote identification is performed by biometric means and only if the sequence of the following steps is maintained properly through the system software application, i.e. the user:
2.1 Accesses the Identification section of the HolaPay application;
2.2 Selects the identification options - “By passport”, “By identification card”, “By driving license”;
2.3 Takes a picture of the first page of the passport, identification card or driving license with the camera, then the back side of it (in case of identification card or driving license);
2.4 The picture is either approved or it is required to take another one, for image clarity;
2.5 Takes a picture of his/her face.
2.6 The system operator checks the data, after which identification of the person is considered either successfully completed or declined (reason of decline is provided by the operator for all cases).
3. USING THE HOLAPAY APP
3.1 After successfully passing User Identification you are then able to use the App services. The HolaPay App can be used on a device running an operating system supported by us, from which you will have access to our service.
3.2 To log onto the HolaPay App You will need
- to enter your 4-digit PIN code
- to use Your respective Biometric data.
Your current session of the App will be automatically terminated after 10 minutes of inactivity if the App runs in active mode and after 1 minute if it runs in background.
3.3 Things not allowed to do
- to copy or reproduce all or any part of the App.
- to alter, modify or adapt all or any part of the App.
to remove or tamper with any copyright notice attached to or contained within the HolaPay App.
All ownership in the App remains with us.
- to carry out reverse engineering of the HolaPay App.
4. SUSPENSION OF THE HOLAPAY APP
We can, at any time, suspend your use of the HolaPay App. We will do this if we think it is reasonably necessary because:
- We have concerns about the security of the HolaPay App.
- There are mandatory legal obligations we have to meet.
- We suspect that your HolaPay has been used fraudulently or in an unauthorised way.
We will usually give you advance notice of any suspension and inform you about the reason. However,
we will not do so if this would compromise our reasonable security measures or it is unlawful to do
this. Occasionally we may not be able to contact you to give you advance notice.
If you have entered incorrect log on details on several occasions, we will suspend your access to the App. If this happens, you can reset your log on details within HolaPay app by providing valid identification details and answer respective security questions. Otherwise, you will need to contact our support center at [email protected] or LiveChat.
5. ENDING THIS LICENCE
5.1 You can terminate this license at any time by deactivating your user from the App. We will apply no charge for your cancellation of this license. In this case, you should also delete the HolaPay App from your device.
5.2 We can end this license with you immediately in the following situations;
- If you have not used HolaPay App for more than 12 months. To use it again you will need to re-activate your HolaPay App username
If you have directly or persistently broken any of the App Terms or the Product Terms including
- 1. You are, or we reasonably suspect you may be, using or obtaining, or allowing someone else to use or obtain, an account, service or money illegally
- 2. Your account is, or we reasonably suspect your account is, being used for an illegal purpose
- 3. You are, or we reasonably suspect you may be, acting fraudulently
- 4. You act in an unacceptable way, for example you act in a threatening or violent manner towards staff
- 5. We have demanded that you repay an overdrawn balance on your account to us and you fail to do so
- 6. We have reasonable grounds to suspect that your security details have not been kept safe
- 7. We have reasonable grounds for believing you have committed or are about to commit a crime in connection with your account
- 8. You have not satisfied any anti-money laundering requirements
- 9. There has been or we suspect ther has been fraud involving your account
- 10. If we stop supporting the HolaPay App on your device or the operating system it runs
5.3 We will notify you personally immediately after we have terminated the license.
5.4 We may terminate this license for any other reason by giving you at least one-month prior notice.
5.5 Upon termination of this license for any reason;
- you must remove the HolaPay App from your device
- destroy all copies of the HolaPay App including all components of it in your possession
- all rights you have in respect of the HolaPay App will immediately end
5.6 You must delete the HolaPay App from your device if you change your device or dispose of it.
6.1 The Company does not bear responsibility for malfunction and failure of the equipment and software that ensure operation of the App., as well as for temporary impossibility for the user to access the HolaPay services, if such has occurred for reasons independent of the Company. Nevertheless, the System Operator shall immediately inform the users about the arisen problems, using the available means.
6.2 The Company does not bear responsibility for confidentiality of the information contained in the user’s device.
6.3 The user bears responsibility for any consequence resulting from loss of the PIN code, or disclosure thereof to third parties in any other form. Within the meaning of this paragraph, the concept of “Disclosing the PIN to third parties” means active or passive actions by the user, including, but not limited to, choosing a weak PIN, which, allows third parties to log into a third-party account or complete a transaction.
Your security obligations
7.1 You must take all reasonable precautions to keep safe and prevent fraudulent use of your device and security information. These precautions include:
never writing down or otherwise recording your security details in a way that can be obtained by
not choosing security details that may be easy to guess
- taking care to ensure that no one hears or sees your security details when you use it
- keeping your security details unique to the HolaPay App
- not disclosing your security details to anyone, including the police and us
- changing your security details immediately and informing us as soon as possible in accordance with clause 7.3 if you know, or even suspect, that someone else knows your security details, or if we ask you to
- once you have logged onto the HolaPay App do not leave your device unattended or let anyone else use your device
- logging out of the HolaPay App once you have finished using the App services, and in particular not leaving the HolaPay App running in the background whilst logged in (e.g. whilst multi-tasking, or running other apps)
7.2 You must not use the HolaPay App on any device or operating system that has been modified outside the device or operating system vendor supported or warranted configurations.
7.3 After the initial registration we will never contact you (or ask anyone to do so on our behalf) with a request to disclose your security details in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your security details to them in any circumstances. Additionally, you should report any such requests to us immediately.
7.4 You will be responsible for all instructions given by you or anyone acting with your authority between when you log onto the HolaPay App until you log off the HolaPay App.
7.5 If you know or suspect that someone else knows your security details, or has used or tried to use them, or if your device is lost or stolen you must inform us without delay by calling us on [email protected] or LiveChat.
7.6 You will be responsible for all losses arising from unauthorized transactions on your account as a result of;
- You acting fraudulently
- You intentionally or with gross negligence failing to use the HolaPay App in accordance with the App Terms (including keeping safe your HolaPay App security details)
- You intentionally or with gross negligence fail to notify us if you know or suspect someone else knows your HolaPay App security details or has used or tried to use your security details
8.1 We may change the App Terms (including, but not limited to, introducing new charges and changing the types of transactions you can make using the HolaPay App) for any of the reasons set out in the Product Terms. We may also change the App Terms for any other valid reason. We will tell you about the changes by 1-month prior notification.
8.2 If we provide you with notice that we are going to make a change to Terms, you can end this license before that change takes effect without additional charge. If you do not end this license, then we will assume that you have accepted the change and it will take effect automatically
While we make reasonable efforts to provide the HolaPay App services, we will not be liable for any failure to provide those services, in part or in full, due to abnormal and unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary. This includes any phone network failures or, in the case of mobile networks, where you are not in an area of mobile coverage.
We are not responsible if we do not comply with any of the Terms:
- Due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary
- Where our failure to comply is due to our obligations under national law
10.1 If any part of the App Terms becomes invalid, illegal or unenforceable, this will not affect the validity of the remaining App Terms.
10.2 If we allow you some extra time to meet your obligations in these Terms or do not use some of our rights, this does not mean that we will do so again.
10.3 We can transfer all or some of our rights under these Terms to someone else. You cannot transfer any of your rights and obligations under these Terms to anyone else.