These Terms of Service (the "Terms") set out the agreement between you and ECardPay and govern your access to and use of our website, applications and services. Please read them carefully. By opening an account or using any part of the services, you confirm that you have read, understood and agree to be bound by these Terms.
1. About these terms and your acceptance
These Terms form a legally binding agreement between you ("you", "your", the "Customer") and ECardPay ("ECardPay", "we", "us", "our"). They apply together with any product-specific terms, fee schedules, risk disclosures and policies that we make available to you, all of which are incorporated into these Terms by reference.
ECardPay is a financial technology platform. We are not a bank. Regulated services are delivered through our regulated card-issuing partners and licensed banking and payment partners, and identity verification is carried out with the help of specialist verification providers. Where a partner's own terms apply to a service, you agree to those terms in addition to these Terms.
If you do not agree with these Terms, you must not open an account or use the services. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
2. Definitions
In these Terms, capitalised words have the meanings given below and elsewhere in these Terms:
- "Account" means your ECardPay profile and the balances, virtual accounts and products held within it.
- "Balance" means the value recorded in your Account in a given currency, representing a claim against funds held for you by our banking or payment partners.
- "Card" means any virtual or physical payment card issued to you by the relevant banks or licensed partner institutions.
- "Digital Assets" means stablecoins, cryptocurrencies and other blockchain-based assets supported by the services from time to time.
- "Partner" means a regulated card-issuing partner, licensed banking or payment partner, verification provider or other service provider that supports the delivery of the services.
- "Services" means the accounts, cards, payments, foreign-exchange, digital-asset and related services made available by ECardPay.
- "KYC" means the identity verification and customer due diligence we and our Partners are required to perform.
3. Eligibility
To open and hold an Account you must be at least 18 years old and have the legal capacity to enter into a binding contract. Where you register a business Account, the business must be validly formed and in good standing, and the individuals acting for it must be duly authorised.
You may not use the services if you are located in, ordinarily resident in, or a national of a jurisdiction that is subject to comprehensive sanctions, or if you are a person with whom we are prohibited from dealing under applicable sanctions, anti-money-laundering or other laws. Availability of individual products varies by jurisdiction, and some products are not offered where they are not permitted by law.
You must provide accurate, current and complete information when you register and keep that information up to date. Providing false, misleading or incomplete information is a breach of these Terms and may result in refusal, suspension or closure of your Account.
4. Account registration and identity verification
To use the services you must complete our registration process and satisfy our KYC and customer due diligence requirements. Verification is progressive: certain features become available only once the relevant checks are complete, and higher usage limits or additional products may require further verification, including enhanced due diligence for higher-risk situations.
You authorise us and our Partners to make, directly or through verification providers, any enquiries we consider necessary to verify your identity, assess your eligibility and meet our legal and regulatory obligations. This may include verifying your identity documents, checking you against sanctions and other watchlists, and requesting evidence of your source of funds or wealth.
We may decline to open an Account, and we may suspend, restrict or refuse access to any part of the services, if we are unable to verify your identity, if you fail to provide requested information, or where we consider it necessary to comply with our legal or regulatory obligations or to manage risk. You are responsible for keeping your credentials secure and for all activity that occurs under your Account.
5. The services and our partner-delivery model
The services may include multi-currency and virtual accounts, the issuance of virtual and physical cards, local and SWIFT payouts, e-wallet and digital-asset transfers, currency exchange, and stablecoin yield products. We may add, change, suspend or withdraw features at any time, and not every feature is available to every Customer or in every jurisdiction.
Many of the services are delivered through Partners. Cards are issued by the relevant banks or licensed partner institutions; banking, payment and foreign-exchange services are provided by licensed banking and payment partners; and identity verification is supported by verification providers. ECardPay provides the technology platform, the user interface and account servicing that bring these services together.
Because the services depend on Partners and third-party networks, availability, processing times and limits may be affected by matters outside our control, including Partner and network requirements, maintenance and outages. We will use reasonable efforts to keep the services available but do not guarantee uninterrupted access.
6. Balances and funds
Your Balances represent claims against funds that are held for you by our banking or payment partners. Balances are not bank deposits held by ECardPay, and ECardPay does not itself hold your money as a bank. Depending on the Partner and jurisdiction, funds may be held in safeguarded or segregated accounts in accordance with applicable law and the relevant Partner's arrangements.
We do not pay interest on fiat currency Balances. The value shown for a Balance in a particular currency is the amount available to you in that currency, before any applicable fees and, where a transaction involves a currency conversion, before the applicable exchange rate and any exchange margin are applied.
You are responsible for ensuring that instructions are correct before you submit them. We may place holds on Balances, or decline to act on an instruction, where required to comply with our legal or regulatory obligations, to investigate suspected fraud or unauthorised activity, or where a Partner or network requires us to do so.
7. Cards
Cards are issued to you by the relevant banks or licensed partner institutions and remain subject to the applicable card scheme rules and any card-specific terms. Cards may be virtual or physical, and we may set and vary spending, withdrawal and transaction limits, and apply controls such as freezing, merchant-category restrictions and step-up authentication.
You may use a Card only for lawful purposes and only in accordance with these Terms and the applicable card terms. You must not use a Card for any prohibited or unlawful purpose, to facilitate the activities described in the section on prohibited activities, or in a way that breaches network rules. We may decline, reverse or block transactions that we reasonably believe to be unauthorised, fraudulent, high-risk or non-compliant.
You are responsible for keeping your Card details, PIN and authentication credentials secure and for all transactions authorised through your Card. You must notify us without undue delay, through the in-app support channel or by contacting hello@ecardpay.com, if a Card is lost or stolen or if you suspect unauthorised use, so that we can freeze or cancel the Card.
8. Payments and payouts
When you submit a payment or payout instruction, you authorise us and the relevant Partner to process it in accordance with these Terms. Instructions are subject to cut-off times, network availability and Partner processing schedules; instructions received after a cut-off time or on a non-business day may be processed on the next business day.
All payments are subject to screening and monitoring for compliance with sanctions, anti-money-laundering and fraud-prevention obligations. We may delay, suspend, refuse or reverse a payment, or request additional information before processing it, where we consider this necessary to comply with our legal or regulatory obligations, to manage risk, or where a Partner requires it. We are not liable for any loss arising from such action taken in good faith.
Once a payment has been sent it may not be possible to recall it. Where recall or return is possible, it depends on the cooperation of the receiving institution and is not guaranteed, and fees may apply. You are responsible for providing correct beneficiary and payment details; we are not responsible for payments that fail or are misdirected because you provided incorrect information.
9. Digital-asset services and risk disclosure
Where available, digital-asset services allow you to hold, transfer and, in the case of yield products, earn returns on supported Digital Assets. Digital-asset services are offered only where permitted by applicable law and are not available in all jurisdictions. You should not use these services unless you understand the risks involved.
Digital Assets are volatile and their value can fall as well as rise, potentially to zero. On-chain transfers are generally irreversible: once a transaction is broadcast to a blockchain network it cannot be cancelled or reversed by us. You are solely responsible for providing the correct destination address and network, and we are not liable for assets sent to an incorrect or incompatible address.
Yield offered on stablecoin or other Digital-Asset products is variable, is not guaranteed, and past performance is not indicative of future results. Digital Assets and any yield are not bank deposits and are not covered by any deposit-insurance or investor-compensation scheme. Nothing in the services constitutes financial, investment, legal or tax advice, and you are responsible for determining whether a product is suitable for you.
10. Fees
The fees for the services, including any plan-tier subscription fees, transaction fees, card fees, foreign-exchange margins and payout fees, are set out in the fee schedule made available to you in the application. By using a chargeable feature, you agree to pay the applicable fees and authorise us to deduct them from your Balances.
The services are offered under plan tiers with different features, limits and pricing. Where your plan includes a recurring subscription fee, it is billed on the first day of each month, and changes to your plan take effect in accordance with the terms shown at the time you make the change. Where a transaction involves currency conversion, the applicable exchange rate and any exchange margin will be applied.
We may change our fees. Where we do, we will give you notice through the application, by email or by other reasonable means before the change takes effect, except where a change is required immediately to comply with law or network rules. If you do not accept a fee change, you may stop using the affected feature or close your Account in accordance with these Terms.
11. Prohibited activities
You must not use the services for any unlawful, fraudulent or abusive purpose. In particular, you agree not to use the services, and not to permit anyone else to use your Account, to:
- engage in or facilitate any illegal activity, or any transaction connected with unlawful goods or services;
- evade, breach or circumvent any sanctions, export controls or other trade restrictions;
- engage in money laundering, terrorist financing, or the handling of proceeds of crime;
- conduct or facilitate gambling activity where it is prohibited or unlicensed in the relevant jurisdiction;
- commit or attempt to commit fraud, including identity fraud, card fraud, or the use of stolen or unauthorised payment credentials;
- abuse referral, rewards or promotional programmes, including through self-referral, fake accounts or other manipulation;
- attempt to gain unauthorised access to, disrupt, or interfere with the services, our systems or those of our Partners; or
- provide false, misleading or incomplete information, or impersonate any person or entity.
12. Intellectual property
The services, including our software, websites, applications, designs, text, graphics, logos and other content, are owned by ECardPay or our licensors and are protected by intellectual property laws. The ECardPay name and marks, and the marks of the card networks and our Partners, may not be used without permission.
We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the services for your own personal or internal business purposes in accordance with these Terms. You must not copy, modify, distribute, sell, reverse-engineer or create derivative works from any part of the services except to the extent permitted by law.
If you provide us with feedback or suggestions about the services, you agree that we may use them without restriction or obligation to you.
13. Suspension and termination
You may stop using the services and close your Account at any time, subject to the settlement of any outstanding transactions, fees or obligations. We may require you to withdraw or transfer your Balances before closure and may retain funds for a reasonable period where necessary to settle pending transactions or to comply with our legal obligations.
We may suspend, restrict or terminate your Account or your access to any part of the services, with or without prior notice, where you breach these Terms, where we are required to do so by law, regulation, a Partner or a court, where we reasonably suspect fraud, unauthorised or unlawful activity, or where we consider it necessary to protect you, other customers, our Partners or us.
On termination, your right to use the services ends, but any provisions that by their nature should survive termination, including those relating to fees owed, liability, indemnity, intellectual property and governing law, will continue to apply.
14. Liability and disclaimers
To the fullest extent permitted by law, the services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the services will be uninterrupted, error-free or free from delays caused by Partners, networks or matters outside our control.
To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, goodwill or data, arising out of or in connection with your use of the services. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law.
Subject to the paragraph above, our total aggregate liability to you arising out of or in connection with the services in any twelve-month period will not exceed the total fees you paid to us for the services giving rise to the claim during that period. We are not responsible for the acts or omissions of Partners except to the extent required by law.
15. Indemnity
You agree to indemnify and hold harmless ECardPay, our Partners and our respective officers, employees and agents against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your misuse of the services, your violation of any law or the rights of any third party, or any inaccurate information you provide.
This indemnity applies in addition to, and does not limit, any other rights or remedies available to us under these Terms or at law.
16. Changes to these terms
We may amend these Terms from time to time, for example to reflect changes in our services, our Partners, applicable law or regulatory requirements. Where we make changes, we will publish the updated Terms and, where the changes are material, give you reasonable notice through the application, by email or by other reasonable means before they take effect.
Your continued use of the services after the changes take effect constitutes your acceptance of the updated Terms. If you do not accept the changes, you should stop using the services and may close your Account in accordance with these Terms.
17. Governing law and disputes
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of Singapore, without regard to conflict-of-laws principles. The courts of Singapore have exclusive jurisdiction to settle any such dispute or claim, subject to any mandatory rights you may have under the law of your place of residence.
Before commencing any formal proceedings, you agree to first raise the matter with us in good faith so that we can try to resolve it, including through our complaints process. Many issues can be resolved quickly and informally in this way.
18. Contact
For general enquiries about the services or these Terms, contact us at hello@ecardpay.com. For help with your Account or a transaction, contact hello@ecardpay.com. Complaints are handled in accordance with our Complaints Policy.