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PassNGO / KWICKGO Solution
Terms & Conditions

Preamble:

  • PassNGO and KWICKGO Solutions are real time payment solutions, using electronic money, provided by EMP CORP S.A. to on-line web merchants
  • EMP CORP S.A. is established with its registered office at 10 boulevard Royal, L-2449 Luxembourg, Luxembourg and is registered at the Commercial Companies Register of Luxembourg under the reference B181670 (hereinafter referred to as “EMP CORP”)
  • EMP CORP, in charge of the distribution of electronic money, has been registered with the Financial Conduct Autority (hereinafter referred to as “FCA”) by CFS-ZIPP Limited, a limited company incorporated in England and Wales having its registered office at 790 Uxbridge Road, Hayes, London UB4 0RS United Kingdom, duly registered at the FCA under the reference 900027 (hereinafter referred as “Issuer”), as “EMD Agent” (https://register.fca.org.uk/ShPo_firmdetailsPage?id=001b000000m4IYdAAM)
  • The Issuer is an electronic money institution authorized under the Directive 2009/110/EC of the European Parliament and the Council of 16 September on the taking up, pursuit and prudential supervision of the business of electronic money institutions, and regulated by the FCA to carry out activities related to the issuance of electronic money and payment services (https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000000m4IX2AAM)

1. Definition of Terms
The words and expressions used in these Terms & Conditions have the meaning below:


E-voucher
Also called “prepaid card” or “prepaid ticket”, e-voucher refers to a prepaid e-money voucher having following attributes:

  • Code: secret 14 digit number
  • Reference number: unique non secret identifier for the e-voucher
  • Value: Euro value of the e-voucher. Possible e-voucher values for PassNGO / KWICKGO are within 0.01€ to 250€ range

An e-voucher represents electronic money. E-vouchers are issued by the Issuer and distributed by EMP CORP.


Issuer
Refers to CFS-ZIPP Limited a limited company incorporated in England and Wales having its registered office at 790 Uxbridge Road, Hayes, London UB4 0RS United Kingdom. CFS-ZIPP Limited is registered and fully authorized in accordance with the laws in force in the United Kingdom at the Financial Conduct Authority (FCA) under the reference 900027.


User
Refers to a person of legal age and capacity to purchase and redeem an e-voucher


Partner
Refers to on-line merchant company who have websites allowing payments with PassNGO or KWICKGO payment solutions.


Services
Refers to the goods or services that can be purchased on merchant websites with PassNGO and KWICKGO payment solutions.


Merchant
Refers to a website where services can be bought online.


2. Purpose of these Terms & Conditions
2.1. These Terms & Conditions are related to PassNGO and KWICKGO payment methods and describe roles, rights and obligations of involved parties: Issuer, Users, Partners and EMP CORP.
2.2. PassNGO and KWICKGO have exactly the same terms and conditions of use. PassNGO is related to payments with a VISA card. KWICKGO is related to payments with a MasterCard card.
2.3. Use of PassNGO or KWICKGO payment methods implies full and unconditional acceptance of these Terms & Conditions by the user.
2.4. These Terms & Conditions are included in EMP CORP website. During PassNGO or KWICKGO payment journey a web page is displayed with a link to these Terms & Conditions. Furthermore, user must check a checkbox in order to confirm his full knowledge and acceptance of these Terms & Conditions.


3. PassNGO/KWICKGO mode of operation
Since PassNGO and KWICKGO modes of operation are identical, only PassNGO mode of operation is described below.
3.1. When making a payment on a merchant website, User actually purchases e-vouchers with his payment card (VISA or MasterCard). After e-vouchers have been purchased, User can redeem these e-vouchers in order for EMP CORP to make the payment to the partner owning the merchant website. After e-vouchers have been redeemed, merchant website delivers services associated to the payment to the user.
3.2. Every night, PassNGO system creates numbers of standard value e-vouchers (from 0,01€ to 250€) which will be used for payments during the coming day.
3.3. When making a payment with PassNGO on a merchant website, the payment journey is the following:
   1. On the merchant website, the User enters his payment card information and selects PassNGO payment method by clicking on PassNGO logo. Depending on MID settings, it is also possible to enter payment card information at step 2 of the payment journey.
   2. User is redirected to « Buy PassNGO prepaid » webpage which is owned and hosted by EMP CORP. User has to enter at least CVV on PassNGO page (depending on MID settings, he can also enter all his payment card information in this webpage). Then Client confirms the purchase of PassNGO prepaid by clicking on « Buy PassNGO prepaid » button.
   3. Payment is then processed. Optionally, a 3DS authentication between the user and his bank is required. If the payment is successful then e-vouchers are taken out from PassNGO stock (see 3.2) and stored in user’s wallet. Total amount of e-vouchers exactly equals the payment amount.
   4. User is then redirected to a “Redeem PassNGO prepaid” page which is owned and hosted by EMP CORP. By clicking on the “Redeem PassNGO Prepaid” button, the user can redeem the e-vouchers he has just bought to EMP CORP.
   5. User is redirected to merchant website. When the e-vouchers have been redeemed PassNGO confirms to the partner that the payment is successfully completed. Services are then delivered to the user by the merchant.
3.4 E-vouchers are non-transferrable and can not be sold or redeemed to anybody but EMPCORP.


4. PassNGO / KWICKGO payment processing
4.1. PassNGO / KWICKGO payments are processed in euros. If the User use PassNGO / KWICKGO Solution with a payment card linked to a non-euro account, PassNGO / KWICKGO Solution converts the concerned payment amount to euro before processing the payment. This conversion is made using an exchange rate coming from www.ecb.europa.eu and is daily updated.
4.2. Since PassNGO / KWICKGO payments are processed in euros, the User, using PassNGO / KWICKGO Solution with a payment card linked to a non-euro account, accepts that additional fees shall be added to payment amount by EMP CORP relating to interchange services.
4.3. Since PassNGO / KWICKGO payments are processed in euros, the User, using PassNGO / KWICKGO Solution with a payment card linked to a non-euro account, must be aware and accepts that additional fees can be added to payment amount by PSPs (Payment Service Providers), Card Schemes (VISA, MasterCard) and User’s bank.
4.4. EMP CORP may reject any PassNGO / KWICKGO payment request at their sole discretion. Examples of payment rejection causes are the following (but not limited to):

  • Payment limits reached by the user
  • Fraud suspicion
  • Payment card country not supported

5. Disputing a payment
5.1 EMP CORP does not accept any liability for any dispute between users and merchants or partners.
5.2 If a PassNGO / KWICKGO payment has been actually debited from user’s bank account and service has not been delivered then user should contact merchant website support with a proof that his bank account has been actually debited (bank statement):

  • If the payment was successful at PassNGO / KWICKGO backoffice, EMP CORP does not accept any liability. In such case, Merchant may either refund the payment or deliver the service as expected.
  • If the payment was not successful at PassNGO / KWICKGO backoffice, then merchant has to contact PassNGO / KWICKGO support via email, with user’s bank statement attached, to investigate the case with the acquirer. If, after investigation, user’s bank account has been actually debited then EMP CORP will refund the transaction.
5.3 If a user contacts his bank to dispute a payment then his bank must reimburse the user and, therefore, will issue a chargeback to the acquirer. EMP CORP reserve the right to dispute the chargeback. EMP CORP may also blacklist this user at their sole discretion.


6. Payment card information collection and storage
6.1. EMP CORP is compliant with PCIDSS Service Provider requirements.
6.2. User’s payment card data are not entirely stored by PassNGO / KWICKGO systems. Only 6 first digits and last 4 digits of the payment card number and its expiry date are stored
6.3. User is aware that, according to financial regulations, all stored data related to online payments have to be kept by EMP CORP during 5 years. After 5 years, these data are deleted.


7. Personal data collection and storage
7.1. EMP CORP is compliant with RGPD regulations related to personal data.
7.2. PassNGO/ KWICKGO are collecting personal data when processing payments: name, firstname, birthdate, email, country, zipcode. These user data are transmitted by merchant within the payment request. Other optional personal data may also be included in the payment request such as user’s address.
7.3. PassNGO / KWICKGO are collecting personal data sent by the merchant only for processing the payments. These data are partially or entirely sent to the acquirer to make the payment. No other usage is and will be made with these data by EMPCORP.
7.4. According to financial regulations, when cumulated payment amounts are reaching thresholds, PassNGO / KWICKGO must collect some personal documents about users (KYC documents, Know Your Customers):

  • Proof of identity (scan of valid identity card …)
  • Proof of residence (scan of recent utility bill …)
  • Justification of funds (scan of bank statement…)
KYC management are done according to the European E-money Directive 2015/849 and the Issuer's terms and conditions.
7.5. User is aware that, according to financial regulations, all stored data related to online payments, including personal data, have to be kept during 5 years. After 5 years, these data are deleted.


8. Terms & Conditions amendment
EMP CORP reserves the right to amend these Terms & Conditions without notice. In order to be aware of these potential amendments, EMP CORP advises the User to read the Terms & Conditions regularly.
The PassNGO / KWICKGO payment will be subject to the Terms & Conditions in force at the time of the User make a payment through PassNGO / KWICKGO Solution.


9. Complaints
Any justified complaint can be sent in writing to:

EMP CORP S.A.
Service Après-Vente
10, boulevard Royal
L-2449 LUXEMBOURG


10. Intellectual Property
EMP CORP is the sole owner of all intellectual property rights related to PassNGO / KWICKGO processing and associated e-vouchers.


11. Communication language
Communications with EMP CORP must be made in English.


12. Applicable law and competent courts
These Terms & Conditions are governed by Luxembourg law. Any litigation relating to the existence, interpretation, performance or breach of the contract concluded between EMP CORP and the User, even in the case of a plurality of defendants, will be, in the event of no friendly agreement, the exclusive jurisdiction of Luxembourg courts.


Update made on January 1 st, 2019



Previous update made on December 1 st, 2013