The Nebeus Prepaid Card Program is facilitated by CreditCard Solutions UK Ltd (https://www.ccsprepay.com) CreditCard Solutions UK Ltd(CCS Prepay) is registered in England & Wales, Registration Number: 05394395
Card issuer is the TMGPAY company. Nebeus user, should be guided by the rules and conditions of the TMGPAY, which are listed below.
2.1. Customer acknowledges that (i) TMGPAY is not a bank, (ii) Accounts are not insured by any government agency, (iii) TMGPAY is not subject to banking regulations.
2.2. TMGPAY operates an electronic money payment service processing offering online financial services for individuals and corporate that allows Customer to send and receive payments whereby the Customer is granted the use of A TMGPAY account to which funds may be added and stored so that the Customer may subsequently access those same funds to carry out payment and transfer transactions with third parties.
2.3. TMGPAY shall hold the Customer funds in a TMGPAY account and shall provide the Customer with the means to make payment and transfer transactions with the funds in the TMGPAY account.
2.4 All costs and fees are set forth in a separate schedule published at all time on TMGPAY web site being subject to change or amend.
2.5. A TMGPAY account is valid for one year from date of activation. After which it will be automatically renewed, and an annual fee may be charged by debiting the Customer account.
2.6. Funds stored in a Customer TMGPAY account have no expiration date.
2.7. Customer agrees that TMGPAY has the right to monitor the TMGPAY Network electronically from time to time in order to operate the System properly.
Customer may open a TMGPAY account by completing the online application form. A Customer must maintain an active address, phone number and email address to become a Customer and may not provide any false, inaccurate, incomplete or misleading information. Customer must not provide any name, bank account or credit card that he/she is not legally authorized to use. Customer is responsible to ensure that the details provided at registration and later are kept up to date. TMGPAY reserves the right to request further information pertaining to Customer's account at any time. Failure to supply such information may result in limitation on usage of this service or suspension of the account.
4.1. The password must not be disclosed to any third party, nor may Customer use anyone else's Password. Customer is solely responsible for the security of his/her user name and password.
4.2. Customer agrees that TMGPAY will treat any person accessing Customer's account using the correct Customer's login and Password as the Customer and all transactions where the login and password have been entered correctly will be regarded as valid.
5.1. In order to upload electronic money, Customer may choose from one or more payment options available to Customer depending on Customer's country of residence. Customer must also complete the information requested, including passing all identity and security validation and verification checks. Customer authorizes TMGPAY to obtain or receive funds on his/her behalf from Customer's chosen payment source, plus applicable fees, and then issue electronic money to his/her account.
5.2. A bank transfer received by TMGPAY which (i) was sent from a bank account not held in Customer's name or (ii) does not contain Customer's User ID as payment reference will not be credited to the Customer's TMGPAY account but returned to the sender provided TMGPAY has sufficient details to return the payment. In such cases, an administration fee of EUR 10 will be deducted from the original deposit amount.
6.1. Anyone who Customer instructs TMGPAY to pay to must have a valid email address. Customer may instruct TMGPAY to make a payment by entering the email address of the person or entity to receive the payment and the amount Customer wishes to send on the "Send Money" page of the TMGPAY website.
6.2. When Customer sends a payment, TMGPAY will obtain the funds plus any commission first by debiting Customers funds in the TMGPAY accounts, if any. If the Customer's funds are not sufficient to carry out Customer's payment in full, TMGPAY will obtain the remaining funds per Customer's instructions by debiting a bank account that Customer designates, charging Customers credit card or any other available method of payment. TMGPAY reserves the right to limit an account-holder's choice of funding sources for any individual payment at its discretion.
6.3. TMGPAY will immediately send the funds to the recipient's TMGPAY account. If the recipient does not have a TMGPAY account, TMGPAY will send him/her an email asking him/her to register and activate an account with TMGPAY in order to receive the sum Customer has sent.
6.4. Until the payment is accepted by the recipient, Customer remains the owner of those funds and TMGPAY holds those funds as agent, but Customer will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled. If, within 14 days from payment being sent to a non-registered TMGPAY recipient, he/she has not opened and activated a new TMGPAY account, TMGPAY will cancel the transaction and the money will be sent back to the Customer's account.
6.5. Some accounts, at TMGPAY discretion, may have a higher or lower spending limit depending on their verification status.
6.6. TMGPAY strictly prohibits to send payments in order to pay for the following:
* Any item that violates any law, statute, ordinances, or regulations. * Drugs or drug paraphernalia including narcotics, steroids, and certain controlled substances that present a risk to customer safety. * Selling of prescription drugs, or tobacco products. * Illegal gambling unless the recipient is located exclusively in jurisdictions where such gambling activities are permitted by law, such as citizens or residents of certain countries but not limited to the United States of America, Turkey, China, Malaysia or Israel. TMGPAY reserves the right in its own discretion to amend the list of countries where it is prohibited to send payments to gambling activities as described above. * Child pornography or related hardcore content or services of any kind. * Certain firearms, ammunition, weapons, or knives. * Illegal or stolen goods or services. * Government IDs and licenses. * Any services utilized for money laundering. * Illegal downloads or any other goods and services infringing intellectual property rights (trademark, patent, copyright) of a third party.Trading of items or support of organizations that promote hate, violence, or racial intolerance.
7.1. When receiving payments through the Service, the amount received is credited to the Customer's electronic money storage account until Customer further instructs TMGPAY with respect to the transmission of his/her funds.
7.2. If a person receives a notice that a payment has been sent to him through TMGPAY but he has not registered for the Service, TMGPAY will NOT issue any electronic money to him and will NOT in any way become his agent and the recipient of said notice will have no claim to those funds unless and until he registers for the Service and indicates his acceptance of the payment.
7.3. Through the TMGPAY website, Customer may provide instructions to withdraw the funds or transfer the funds to a third party.
7.4. When Customer receives a payment through the Service, he/she is NOT protected against a subsequent reversal of the transaction. Examples of such a reversal include, but are not limited to, a credit card reversal by the sender of the payment and a reversal of the transaction because the sender of the payment was using a stolen credit card or unauthorized bank account.
7.5. TMGPAY strictly prohibits to receive payments as consideration for the delivery the following:
* Any item that violates any law, statute, ordinances, or regulations. * Drugs or drug paraphernalia including narcotics, steroids, and certain controlled substances that present a risk to customer safety. * Selling of prescription drugs, or tobacco products. * Illegal gambling unless the recipient is located exclusively in jurisdictions where such gambling activities are permitted by law, such as citizens or residents of certain countries but not limited to the United States of America, Turkey, China, Malaysia or Israel. TMGPAY reserves the right in its own discretion to amend the list of countries where it is prohibited to send payments to gambling activities as described above. * Child pornography or related hardcore content or services of any kind. * Certain firearms, ammunition, weapons, or knives. * Illegal or stolen goods or services. * Government IDs and licenses. * Any services utilized for money laundering. * Illegal downloads or any other goods and services infringing intellectual property rights (trademark, patent, copyright) of a third party. * Trading of items or support of organizations that promote hate, violence, or racial intolerance.
8.1. Customer can request a withdrawal at any time by logging into his/her account and following the instructions in the 'my account' section.
8.2. TMGPAY is responsible to process the necessary payment instructions immediately after the carrying out of any checks that are reasonably required to prevent money laundering or fraud or to check whether the holder of the e-money is a person who is entitled to redeem it.
8.3. In case the Customer chooses to be paid via bank transfer, the Company pays the proceeds of redemption by electronic transfer to an account with a bank or other financial undertaking nominated by the Customer. The Company deducts the applicable fee for the redemption from the Customers account. The Customer can nominate the respective financial institution via the profile section of this website. TMGPAY will execute the transfer in USD, EUR or the official currency of the country where the specified banking institution is located. TMGPAY can execute the payment in any of the mentioned currencies at its sole discretion irrespectively of Customer's account currency.
8.4. If the Customer requests a withdrawal via bank, TMGPAY makes best efforts to ensure that the funds reach Customer's account within five business days of the day on which it gave the instructions. It will not be regarded a breach of this clause, if the failure of the funds to reach Customer's account in time is caused by a failure outside the Company's control on the part of any third party that is involved in the funds transfer.
8.5. All redemption fees are set forth in a separate Fee Schedule published at any time on this web site being subject to change at TMGPAY' discretion. The company reserves the right to charge a correction fee of up to EUR 25 if wrong or incorrect payment details were provided or if a redemption failed or was impeded due to any other reason not caused by TMGPAY (e.g. payment returned by recipient's bank).
9.1. Customer is solely responsible for the instructions given to TMGPAY and for this reason TMGPAY may not be able to detect errors in Customer's payment instructions.
9.2. Customer should note that all payments made are final and not reversible once the recipient has received the payment sent by TMGPAY in accordance with Customer's instructions. TMGPAY cannot arrange for funds to be given back to Customer where Customer believes the payment was made in error.
9.3. Where Customer disputes a transaction with another party, TMGPAY will not enter into the dispute in any way other than to confirm that the payment was made in accordance with the instructions Customer gave to the Company.
Customer is responsible for the payment of all applicable fees. Current fees are indicated on TMGPAY web page. If Customer is unclear as to any applicable fee, he/she should contact the Company's customer service department. All fees are due immediately and are subject to change at any time.
TMGPAY will not escheat inactive e-gold accounts. An inactive account with a balance shall remain dormant forever, other than continued assessment of fees, unless and until an heir presents valid documentation entitling the heir to inherit the account.
TMGPAY will not be responsible for delays or failures in the transmission, receipt or execution of orders, payments, deliveries or information due to events beyond its control. The obligations of this contract precede any government enactment.
TMGPAY reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause.
Customer may close down his/her account at any time by giving notice to Company's customer service department. The Company at its sole discretion, reserves the right to close an account of any Customer at any time for any or no reason upon 1 week notice to the Customer and payment of any unrestricted funds held in custody. TMGPAY has the right to immediately close down a Customer account by giving notice if there are valid grounds. Valid grounds are assumed under, but not limited to the following circumstances:
15.1. Customer understands and accepts that it is strictly forbidden to make use of the TMGPAY service in order to pay for illegal material as well as illegal downloads or any other goods and services infringing intellectual property rights of a third party and/or any illegal purpose or criminal activity of any nature. TMGPAY will report any suspicious account activity to the relevant law enforcement authority. TMGPAY reserves the right to apply at its sole discretion prevention and detection procedures and suspend accounts or refuse the execution of transactions if there are reasonable grounds to suspect that an account is being or may be used for illegal purposes.
15.2. IT IS TMGPAY' ASSUMPTION THAT CUSTOMER IS SIGNING UP FOR A USER ACCOUNT ONLY AFTER DETERMINING THAT OPENING AND MAINTAINING SUCH ACCOUNT VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. Customer warrants that he/she is not violating any law or regulation by his/her use of TMGPAY, and Customer indemnifies TMGPAY for any and all liability that might arise from his/her use of TMGPAY Service.
12.3. TMGPAY shall make reasonable efforts to ensure that all transactions are processed in a timely manner. However, TMGPAY makes no representations regarding the amount of time needed to complete processing, nor shall TMGPAY be liable for any actual or consequential damages arising from any claim of delay. Furthermore TMGPAY makes no representations or warranties as to continuous, uninterrupted or secure access to the TMGPAY service, which may be affected by factors outside of TMGPAY control, or may be subject to periodic testing, repair, upgrade or maintenance.
15.4. TMGPAY shall in no way, and under no circumstances, be liable for any damages or losses, including without limitation, direct, indirect, consequential, special, incidental or punitive damages deemed or alleged to have resulted from or caused by but not limited to the following scenarios:
* payments made to unintended recipients or payments made in incorrect amounts due to the input of incorrect information by Customer. * payment made by a third party who passes all identity and verification checks. * any fraud, deception or misrepresentations by Customer, whether or not the Customer is verified in any manner. * any fraud, deception or misrepresentations by the recipient * any damages resulting from a recipient's decision not to accept a payment made through TMGPAY * any errors or omissions in the website content * the misuse of the web site content or the inability of any person to use the site. * delays, losses, errors, or omissions resulting from failure of any telecommunications or any other data transmission system and the failure of the central computer system or any part thereof. * any results of any acts of Government or authority, any act of God or force majeure.
15.5. TMGPAY's service is limited to providing Customer with a payment facility and does not ensure the quality, safety or legality of the transaction Customer is undertaking. TMGPAY does not have any responsibility for any goods or services for which Customer pays using the TMGPAY service and will not be liable for any charges, taxes or other duties in relation to such goods or services.
15.6. Customer agrees to release, indemnify, and hold TMGPAY harmless against any claim brought against TMGPAY by a third party resulting from Customer's use of TMGPAY payment services in respect of all losses, actions, proceedings, claims, damages, expenses or liabilities whatsoever suffered and howsoever incurred by TMGPAY in consequence of Customers non observance or breach of these terms and conditions.
16.1. For disputes, claims or to report account discrepancies, Customer shall contact TMGPAY customer service department.
16.2. This Agreement shall be governed by and construed in accordance with the laws of Belize.
16.3. Any controversy or claim arising under or related to this Agreement or the provision of the Services offered by TMGPAY that can't be resolved by contacting the customer service department shall be settled by arbitration in accordance with the International Arbitration Rules of Belize. The language of the arbitration shall be English.
16.4. The Customer and TMGPAY shall keep confidential and not use for any collateral or ulterior purpose the subject matter of any arbitration and all information, documents and materials produced for, or arising in relation to, any arbitration including any award arising out of it except in so far as is necessary to implement and enforce any award or otherwise as required by law.
17.2. Unless (1) otherwise approved by Customer or (2) ordered by a court or arbitration body of acceptable jurisdiction, as determined by TMGPAY, TMGPAY shall not reveal Customer's contact or identifying information or transaction history to any third party.
17.3. TMGPAY will not store Password in plaintext. No employee of TMGPAY will ever ask for Customer's Password.
17.4. Customer agrees that the only way to recover access to a Customer Account where the Password or Login ID have been lost is by following the password recovery procedure established by TMGPAY. Customer is responsible for being able to meet the requirements and eventual costs for the password recovery. TMGPAY will not be responsible in any way for any of Customer's losses due to Customer failing to meet the requirements for password recovery.
TMGPAY participates fully in all government regulated anti-money laundering policies. Suspicious large deposits will be reported to appropriate government authorities. Members are required to keep their accounts and contact information current at all times. Any accounts found to contain incorrect and/or outdated information will be suspended and all funds held. Members wishing to use certain features of their account will be required to verify their identity via government issued photo ID and other appropriate documentation as specified in the Verify section of their member area. All submitted documentation is held in the strictest confidence. However, in cases of intentional abuse, any member participating, abetting or assisting in fraudulent and/or attempted fraudulent activities relinquishes any and all rights to privacy of personal information.
19.1. TMGPAY retains all right, title, and interest in and to trademarks. Customer shall only use TMGPAY trademarks with the express permission of TMGPAY. Customer shall not use the trademarks in any manner that is disparaging to TMGPAY. Under no circumstances may a Customer alter, modify, or change TMGPAY trademarks.
19.2. All website designs, text and graphics, and their layout and arrangement and all intellectual property rights therein are the property of TMGPAY. Any use of web site materials, their reproduction, modification, distribution or republication without express prior written consent is strictly prohibited.
Failure to exercise or delay in exercising any right, power or remedy hereunder by TMGPAY shall not operate as waiver thereof, nor shall any single or partial exercise of any right, power or remedy of TMGPAY hereunder preclude any other or future exercise thereof or the exercise of any other right, power or remedy.
The provisions of this Agreement shall be continuous and shall inure to the benefit of TMGPAY, its successors and assigns, and shall be binding upon Customer and/or the estate, personal representatives, administrators and successors of Customer. TMGPAY may assign its rights and delegate its duties as to any or all transactions under this Agreement. Customer shall not delegate any obligations hereunder without the prior written consent of a duly authorized officer of Issuer and any attempt at such delegation without such consent shall be void.
In the event that any provisions of this Agreement shall be determined by an arbitration body or a court of competent jurisdiction to be unenforceable in any jurisdictions, such provision shall be unenforceable in that jurisdiction and the remainder of this Agreement shall remain binding upon the parties as if such provisions were not contained therein. The enforceability of such provision shall otherwise be unaffected and remain enforceable in all other jurisdictions.