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BigPay Cardholder Agreement


BIGPAY CARD - TERMS AND CONDITIONS

 

BigPay Card Terms and Conditions - Cardholder Agreement

 

This document is the contract between you, the User or Cardholder and BigPay (Thailand)

Ltd (“BigPay”), the Issuer of the BigPay prepaid card, and contains the terms and conditions governing the use of the BigPay prepaid card which are binding on you.

 

The BigPay card is a prepaid card that can be used worldwide wherever a Visa is accepted, subject to the terms and conditions of this Agreement.

 

By downloading the BigPay App, applying for the BigPay prepaid card and/or retaining, using or authorizing the use of the BigPay prepaid card and/or the BigPay App, you agree to this Cardholder Agreement, the Terms of Use as well as our Privacy Policy. Do not download the BigPay App or apply for the BigPay prepaid card if you do not agree to be bound by any of these terms.

Definitions

                 

For ease of reference, the following definitions will apply:

 

“Agreement”, “Cardholder Agreement” or “Terms and Conditions” means this Cardholder Agreement;

 

“Applicable Laws” means the applicable laws governing the provision of e-money and the issuance and/or use of the BigPay Card including but not limited to the Payment Act B.E. 2560, the Anti-Money Laundering Act B.E.2542, Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing Act B.E. 2559, Guidelines on Electronic Money issued by Bank of Thailand (BOT) and all other applicable laws governing the issuance, provision and use of e-money and the BigPay Card;

 

“Annual Fee” means the yearly fee for the continued services of the Card, if applicable;

 

“ATM withdrawals”, “ATM Transactions” or “Cash withdrawals” means transactions referring to the withdrawal of cash from the BigPay Card, whether via Automated Teller Machines or over-the- counter channels;

 

“Auto Top-up” means the automated feature and function in the App which allows you to enable your Payment Source to be automatically charged in order to top-up your Card for a preset reload amount at designated periods or whenever your Available Balance falls below a minimum amount as determined by us or selected by you;

 

“Available Balance” means the actual amount of funds available at any time (subject to the authorised e-money purse limit or thresholds) for usage on your Card Account;

 

“App”, “BigPay App” or “Mobile App” means BigPay’s mobile application which is an application software running on a mobile device where you can register and apply for the Card, activate, access set and edit your Account, including but not limited to, your basic account preferences, your personal particulars, your notification preferences, optional subscription services, view Available Balance and Transactions details, block your Card, perform transfer of funds from your Card to another Card and interact with BigPay’s customers service;

 

“BigPay Card” means the prepaid payment card in plastic form with contactless functionality (being Visa payWave enabled) bearing the name Visa and/or service mark of Visa issued by BigPay pursuant to this Agreement (and any substitution, replacement and/or renewal thereof) which allows Cardholders to conduct Transactions;

 

“Card” means either the BigPay Card or the Virtual Card as the case may be;

“Card Account” or “Account” means your account designated, maintained and operated by BigPay in relation to your Card;

 

“Card Storage Limit”, “Card Limit” or “Purse Limit” means the maximum regulatory limit and maximum amount of funds that can be retained in your Card Account, being 99,999 THB for Tier 1 Cardholders and 500,000 THB for Tier 2 Cardholders;

 

“Cardholder” or “User” means you, an individual who has personally applied for and has been granted an Account and/or issued the Card by BigPay;

 

“Card Scheme(s)” means Visa;

 

“Card Transactions” means all transactions effected through the use of the BigPay Card, including but not limited to, retail transactions, E-commerce Transactions, in person point of sale (POS) transactions, ATM withdrawal and others;

 

“Card Usage Limit” means the maximum amount that you can spend or transact with the Card depending on specific features during a specific timeframe;

 

“Contactless Reader” means the point-of-sale reader device where the BigPay Card may be used to execute contactless Transactions, by tapping or waving the BigPay Card on or against such point-of- sale reader device;

                 

“Contactless Payments” refers to transactions for the purchase of goods and/or services that are successfully carried out and charged by the Cardholder to the Cardholder’s Account and which are executed by tapping or waving the BigPay Card on the applicable Contactless Reader and where the said transactions have been successfully captured or posted on BigPay’s systems;

 

“E-commerce Transactions” means all transactions effected through the use of the Virtual Card, being restricted to the buying and selling of goods and services, or the transmitting of funds or data, over an electronic network;

 

“E-money” means the electronic money associated with your Card, a scheme for the issuance of electronic money (‘e-money’) as a designated payment instrument under the provisions of the Payment Act B.E.2560;

 

“ID documents” means your personal identification documents that we may request from you from time to time;

 

“Intellectual Property Rights” means patents of any type, design rights, utility models or other similar invention rights, copyrights, mask work rights, trade secret or confidentiality rights, trademarks, trade names and service marks and any other intangible property rights, including applications and registrations for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

 

“Issuer”, “BigPay”, “we”, “us” and “our” means BigPay (Thailand) Ltd, the issuer of the Card or anyone we assign our rights to;

 

“Merchant” means any person, company or legal entity that accepts payments via Visa including cards which display the Visa acceptance symbol;

 

“Payment Source” is where you choose to add, save or link payment or funding sources such as credit cards, debit cards or such other online banking methods or funding sources to BigPay to top-up your Card via the Auto Top-up feature in the App;

 

“Tier 1 customer” means customers who have performed and passed a simplified Know-Your- Customer (KYC) process, and who would have limited access to BigPay’s products and services and are only eligible for or allowed to use normal risk products and services.

 

“Tier 2 customers” means customers who have completed a higher level of Know-Your-Customer (KYC) process (IAL 2.1) and are allowed full access to all BigPay’s products and services including higher risk products.

 

“Top-Up Channels” means any reload channels (as appointed or authorized by BigPay) that you can use to make the initial top-up and/or subsequent top-ups to the Card;

 

“Transactions” means all transactions (including point of sale, cash withdrawal or e-commerce) made with or on the BigPay Card or the Virtual Card;

 

www.bigpayme.com”, “Website” or the “Site” means the website hosted by us or our affiliates;

 

“You”, “your”, “yours” or “customer” means you, the Cardholder;

“Visa” means Visa Worldwide Pte Limited;

“Virtual Card” means the virtual prepaid payment method (non-plastic) with a valid Primary Account Number (PAN) issued by BigPay under the Card Scheme’s payment network pursuant to this Agreement (and any substitution, replacement and/or renewal thereof) which allows Cardholders to conduct E-commerce Transactions only.

 

Introduction and Declaration

 

By downloading the BigPay App, applying for the Card and/or by retaining, using or authorizing the use of the Card and/or the BigPay App, you hereby warrant, represent and declare that:

 

(a)          you are at least twenty (20) years of age; have complete awareness, and must not be insane nor ordered by the court to be a quasi-incompetent person or an incompetent person, or a bankrupt person. have a legal right and capability to agree to these Terms on your own behalf. The Customer represents and warrants that you are a Thai citizen or a Thai permanent resident or a foreigner legitimately residing or gainfully employed pursuant to a valid working visa and with a valid mailing address in Thailand; you are not from a sanctioned country; you have not been blacklisted by any financial institutions, licensed banks or e-money issuers in Thailand or abroad; you are not included in our internal lists and the relevant money laundering and terrorism financing information sources, as well as global lists or databases provided by local or foreign authorities (including but not limited to the AntiMoney Laundering Office), United Nations Security Council Resolutions (UNSCR), Office of Foreign Assets Control (OFAC); you are not listed as a Specially Designated National (SDN); you are not included in lists or databases as provided or recommended by the Financial Action Task Force (FATF) and/or such other lists as may be issued from time to time by the relevant government agencies; all information provided by you is true, correct and complete;

 

(b)          you acknowledge and agree that at any time should any of the representations, warranties and/or declarations above cease to be untrue or we discover to be untrue or that you have misrepresented the same, we shall be fully entitled at our sole and absolute discretion to suspend, block or terminate any Transaction(s) undertaken by you (if already undertaken) whereby there will be no refunds of the Transaction amounts or any applicable fees being refunded to you, and to take further and appropriate action which may include suspending, blocking and/or terminating your Card, without any liability to you howsoever; and

 

(c)           you further acknowledge and agree that in order for us to provide you with the services, benefits, offers and privileges related to the Card, to manage your Card and Card Account, to facilitate the use of your Card and the processing of any transaction effected or to be effected through the use of your Card, the sharing, transfer, retrieval, updating and processing of your personal information as well as the creation of member profiles and user accounts and updating of personal details may occur between BigPay, our parent, ultimate shareholder, our related companies, subsidiaries, associates and/or affiliates, our licensees, assignees, proposed assignees, representatives, agents, vendors, service providers (including partner networks), merchants, strategic partners, commercial partners, third party contractors, any regulatory authorities (including Bank of Thailand, Anti-Money Laundering Office and such other authorities or bodies having jurisdiction over us), credit reporting agencies, card schemes or payment network operators, and any other parties engaged by us to enable or assist us in the provision of services to you or to exercise or enforce our rights hereunder and/or any other party whomsoever as we may, to the extent at our sole and absolute discretion deem fit and necessary, within and beyond Thailand, as stated in our Privacy Policy and you have consented to the same; and that you have read, understood and accepted the terms and conditions contained in this Agreement and in connection with the use of the Card, and that they are legally binding on you.

 

Usage Restrictions

The issuance of the Card is subject to certain conditions and usage restrictions. Notwithstanding all other conditions and restrictions stated in this Agreement, the following terms apply:

              You may only have one active Card Account from which you can conduct Transactions.

              We may at any material time decide not to process your request or Transaction especially if we suspect you are or may be involved in money laundering, terrorism financing, fraudulent or illegal activities.

              We will not process your request or Transaction if we find that you are from a sanctioned country, if you have been blacklisted by any financial institutions, licensed banks or e-money issuers in Thailand or abroad, if you are included under our internal lists and/or the relevant money laundering and terrorism financing information sources, as well as global lists or databases and information provided by local or foreign authorities (including but not limited to Anti-Money Laundering Office), the United Nations Security Council Resolutions (UNSCR), Office of Foreign Assets Control (OFAC), Specially Designated Nationals (SDN), politically exposed persons (PEP), relatives or close associates of PEPs (RCA), if you are included under any lists or databases as provided or recommended by the Financial Action Task Force (FATF) and/or such other lists as may be issued from time to time by the relevant government agencies.

              The acceptance, processing and/or settlement of any Transaction conducted by you with the Card is subject to the acceptance of the same by Visa (as the case may be) and the Merchant concerned. You agree that you will not hold us liable for any losses or damages resulting from Visa’s or the Merchant’s decision not to accept, process, execute or settle any Transaction conducted by you.

              You shall not provide any false, inaccurate or misleading information or refuse to cooperate in any investigation or refuse to provide confirmation of your identity or any information requested by us.

              You shall only use the Card to effect Transactions for personal reasons. You shall not utilize the Card for commercial or illegal purposes. If we reasonably suspect or discover that you are using the Card to conduct transactions, for or on behalf of a business or other non-human entity or for illegal purposes, we may, in our sole and absolute discretion, cancel your Transaction and/or block, suspend and/or terminate your Card without any liability to you howsoever.

              you shall not Interference with the access, use of the service or violating the legal rights of other customers. This includes using or intending to use the accounts of other customers of the Company without permission.

              You shall not use the Card for any improper, illegal, unlawful or fraudulent activities or purposes, such as money laundering, terrorism financing, unlawful activities, illegal on-line gambling, illegal purchase of controlled substances or prescription medication, purchase of firearms or explosives, fraud, prostitution or child-trafficking or financial support of terrorists or terror-supporting organizations.

              You acknowledge that BigPay is not liable for your use of the Card for any commercial purposes, including without limitation any risks associated with the purchase of goods or payment for services of any kind such as losses you may suffer for undelivered or defective goods and services you pay for using the Card.

              You may not use any automatic device, or manual process to monitor or copy the Mobile App.

              You shall  not create rumors or acts that are harmful to the credibility of BigPay, or provide false information to create misunderstandings or cause annoyance to other customers.

              You undertake that you are the sole and rightful owner of any funds you apply towards a reload or top-up of funds to the Card and that the top-up sources for loading of your Card shall be from your personal source of funds. You may not use any funding source for which you do not have authority to use for top-up or reload of the Card.

              You only use the Card in accordance with the terms and conditions of this Agreement.

              You shall not reverse engineer or decode the software used on BigPay’s Website or Application;

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from us or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. You shall not remove, obscure, or alter any legal notices displayed in or along with our Services.

You acknowledge and agree that should you violate any of the conditions or restrictions abovementioned, we shall be fully entitled at our sole and absolute discretion to terminate any Transaction(s) undertaken by you (if already undertaken) whereby there will be no refunds of the Transaction amounts or any applicable fees being refunded to you, and to take further and appropriate action which may include suspending, blocking and/or terminating your Card and Account, without any liability to you howsoever.

 

Applying for the Card, Customer Due Diligence (CDD) and Know Your Customer (KYC) 

 

The Card is only available for those who are aged twenty (20) years and above, who are Thai citizens or Thai permanent residents or foreigners legitimately residing or gainfully employed pursuant to a valid working visa and with a valid mailing address in Thailand. If you are below 20 years or are not a Thai citizen, Thai permanent resident or foreigner legitimately residing or gainfully employed pursuant to a valid working visa and with a valid mailing address in Thailand, you are not eligible for the Card.

 

You may apply for the Card via the BigPay App. We may however introduce other channels for application of the Card from time to time (i.e. authorized sales channels or sales booths).

 

When you apply for the Card, you must provide all the information as required by us during the registration process, accept the Terms and Conditions of the Card (which includes payment of applicable fees, if any) in order for your application to be successfully processed. You will also need to top-up the initial amount onto your Card (i.e. the minimum top-up). We will not be able to process any applications for the Card or deliver the BigPay Card to you (if you have requested for one) if the minimum top-up has not been reloaded by you or not received by us. 

 

If you do not reload the minimum top-up (whether via the Mobile App or offline channels, if applicable) within the stipulated time period as may be specified by us from time to time, we shall treat your application as an invalid and void transaction, and you will then have to make a new application for the Card.

 

The Card comes with a Card Limit approved by us for you and is subject to the requisite Customer Due Diligence (CDD) and Know-Your-Customer (KYC) verification and approval by us.

 

BigPay is committed to prevent its entity being used as a source of money laundering, BigPay realizes the importance of complying with the regulations regarding anti-money laundering, therefore CDD and KYC Procedures are established to ensure that BigPay’s business operations comply with the applicable regulations.

 

CDD and KYC are mandatory requirement under the Applicable Laws for any party that applies for the Card. Accordingly, in addition to the information BigPay collects from you at the point of Account application and registration for your Card, usage of the Card may require you to provide BigPay with additional information and/or documentation before we can approve your application or before you can conduct any Transaction.

 

Such additional information may include information or documentation that will enable us to verify or re- verify your identity, including but not limited to your payment or funding sources, visa or Employment Pass (if you are a foreigner) and so on. We may verify or re-verify your identity via electronic know- your-customer (e-KYC) processes. Where required, we may also obtain information about you from other sources whether directly or through public and private third parties (including credit reporting agencies), in order to verify your identity, your credit history (where required) and to ascertain the accuracy of information provided by you. We are also required under the Applicable Laws to screen all individuals who use or intend to use the Card against our own internal lists and the relevant money laundering and terrorism financing information sources, as well as global lists or databases provided by local or foreign authorities for the purposes of determining if there are any money laundering or terrorism financing risks in relation to such individuals. We further reserve the right to reject, terminate and/or decline your Card application at our sole and absolute discretion and/or if our records show that you have had a bad account with us in the past in relation to any type of prepaid card issued by BigPay or if any of your previous prepaid card(s) or prepaid card account(s) issued by BigPay has been monitored by us due to unusual, irregular, suspicious, fraudulent and/or unauthorized activities or suspected misuse, or has been blocked, cancelled or terminated by us in relation to the same. We may refuse, decline and reject applications by any customer who has been blacklisted by us, Bank of Thailand (or any other regulatory authority), credit reporting agencies or the relevant card payment networks. If we ascertain that you are included in any of the respective lists, including but not limited to, being from sanctioned or high risk countries, being included under the United Nations Security Council Resolutions (UNSCR), Office of Foreign Assets Control (OFAC), if you are deemed to be a Specially Designated National (SDN), if you are included as a politically exposed person (PEP), family member or close associate of a PEP (RCA), or if you are included under any lists as provided or recommended by the Financial Action Task Force (FATF) and/or such other lists as may be issued from time to time by Bank of Thailand, the relevant government agencies or any other regulatory authority, we may, at our sole and absolute discretion decline your application (or suspend, block or terminate your Transaction or Card, if the same has already been approved).Whilst the application for the Card is open to all customers who meet the eligibility criteria, we reserve the right to reject ANY application for the Card and/or to decline to issue a Card at our sole and absolute discretion without assigning any reasons whatsoever, and our decision shall be final and conclusive.

 

It is a condition of your application for the Card that all of the personal information provided by you during the application for the Card is true, correct and complete at all times, and BigPay shall not be held liable nor responsible for any error or omission made by you, which may result in any loss suffered by you, card cancellation or any other financial discrepancies or losses on your Card Account. In the event we find that you have created a forged application or used forged data or documents in your application for the Card, we shall block, cancel or terminate your application or Card immediately without any prior notice to you, and we shall be entitled to retain any balances of funds in your Account (including the Joining Fee, if applicable) and we shall not be held liable for any loss or damage suffered by you for the same. We shall further be entitled to take any action against you as may be deemed necessary or as may be required under governing laws or by the relevant governing authorities, including reporting you to the relevant governing authorities.

 

Fee and Charges

 

By entering into this Agreement, you agree and undertake to pay all fees arising out of and in connection with the use of your Card pursuant to this Agreement, which may include amongst others, joining fee (if applicable), account service fee, currency conversion fee, cross border transaction fee, ATM withdrawal fee, replacement card fee, charges for SMS Alert, sales draft retrieval fee, charges for load or reload of value, and such other fees and charges related to the Card as we (or our partners) may prescribe from time to time. We reserve the right to revise such fees or to charge additional fees (if applicable) for new services (which are optional) which may be offered by us from time to time. Any revision of the Fees & Charges or introduction of new fees will be informed to Users thirty (30) days prior to the effective date through our Mobile App and/or Website. All fees paid to or in connection with the Card to us are nonrefundable under any circumstances whatsoever. In addition, if we are unable to charge any applicable fees on the Card (including, but not limited to, account service fees for dormant or inactive accounts for a particular month) due to the fact that there are no balance of funds on the User’s Account for that particular month, then we reserve the right and shall be entitled to retrospectively charge those said applicable fees upon or once the User has topped-up the Card and Account has sufficient balance of funds.

 

Please always check the Fee & Charges schedule in the Mobile App and/or Website and/or as stated in the Product Disclosure Sheet (available on the Mobile App or Website) for the full details of the latest fees and charges applicable to the Card.

 

Card Storage Limit and Card Usage Limit

 

The Card Storage Limit is the maximum amount of money that can reside in your Account at any point of time. The Card Limit may vary according to the BIG Prepaid Card product. You cannot load or top up funds in excess of the Card Storage Limit that has been stipulated for the Card and approved by us for you.

 

 

 

If you are a Tier 1 customer:

 

              Card Storage limit: THB 99,999

              Card Usage Limit: THB 50,000 per month 

 

If you are a Tier 2 customer:

 

              Card Storage limit: THB 500,000

              Card Usage Limit: THB 200,000 per month 

 

We further reserve the right to set limits, thresholds and/or restrictions as may be required to your Card Storage Limit and Card Usage Limit (including in respect of your top-up or maximum top-up amount, Card Transactions and Transactions) from time to time which shall be determined at our sole and absolute discretion.

Irrespective of whether you are issued the Virtual Card and the BigPay Card, you will have the same Card Limit and one Card Account only. Both the Virtual Card and BigPay Card are tied to one and the same Card Account.

 

Applications without all valid and legitimate ID Documents have been received and/or verified by BigPay. BigPay reserves the right to approve or decline any applications for whatever reason(s) at our sole and absolute discretion, and such decisions shall be final and conclusive.

Issuance of Virtual Card 

Once your application is approved, you will be issued with a Virtual Card. You may view the details of the Virtual Card on the App and you may use the Virtual Card immediately (once you have topped -up the Virtual Card with sufficient funds) for E-commerce Transactions. You cannot perform in-person point of sale (POS) transactions and cash withdrawals with the Virtual Card.

 

Issuance of BigPay Card

Once your application is approved, you will be issued with a Virtual Card. If you wish to obtain the BigPay  Card for additional transactions i.e. to conduct in-person point of sale (POS) transactions and cash withdrawals, you must apply for one and pay the requisite fee (unless we waive the fee). You will not automatically receive a BigPay Card unless you have applied for one and paid the fee for the plastic card (unless waived).

If you have applied for a BigPay Card and paid the requisite fee (unless waived), your BigPay Card will be delivered to you within fourteen (14) working days after your request (and we have received your minimum top-up (and your supporting ID documents have been received and verified by us). Please ensure you have stated the current and correct mailing address in your application details to avoid your BigPay Card being sent to the wrong address. We shall not be responsible in the event of any error in your application or if you have keyed in wrong mailing address details or if you have not received your BigPay Card due to the fact that the mailing address details given by you are wrong, inaccurate, not up to-date or not complete. We shall further not be responsible if we have sent your BigPay Card to the mailing address as stated in your application details and in our records but you have not received your BigPay Card.

 

You must have a mailing address in Thailand to enable us to process and approve your application. Mailing addresses outside Thailand and addresses bearing P.O. Box numbers will be rejected and we will not process or approve such applications.

 

In exceptional cases, and on a case-to-case basis, if your BigPay Card is returned to us, and you thereafter wish to collect your BigPay Card directly from us, you may do so (upon our notification and arrangement for a suitable date and time) but you must bring along your original identification documents for BigPay Card collection purposes. Only you, the User (as named in the application details) can personally collect your BigPay Card.

 

Once you have received or collected your BigPay Card, you must sign the signature panel on the back of the BigPay Card. But whether you sign the BigPay Card or not, you are fully responsible for complying with all the terms and conditions of this Agreement and you shall be bound by them in connection with your use of the BigPay Card. We shall further not be responsible nor liable to you for any discrepancy between the signature appearing on the BigPay Card and the corresponding sales slip or if for any reason(s) any transaction conducted with the BigPay Card is not accepted. You agree and understand that any discrepancy between the signature appearing on the BigPay Card and the corresponding sales slip shall not by itself be a ground for disputing the validity of the sales transaction.

 

Activating the BigPay Card

 

You must activate your BigPay Card first before you can use it to make any Transactions. You can activate your BigPay Card in the Mobile App.

 

Top-up to Card Account

 

The minimum top-up or additional value may be topped up to your Card via the available Top-Up Channels. Top up of funds to your Card Account can only be in Thai Baht. Top-up sources should be from your personal source of funds.

 

We may, from time to time, at our sole discretion or as may be deemed necessary, impose limits on the amount that can be topped-up to your Card Account or a minimum top-up amount for each top-up transaction or as may be required pursuant to regulatory requirements. You cannot top-up your Card in excess of the maximum Card Storage Limit which has been stipulated and approved for your Card. We shall not be responsible or held liable for any disputes (or loss) in relation to any excess funds if you attempt, have attempted or actually topped-up in excess of the maximum Card Storage Limit, and we reserve the right to take any action that we may deem necessary, including blocking, suspending and/or terminating and cancelling your Card if we find you have persistently attempted to do so, despite the Card limits stipulated for the Card. 

 

In the event of any excess funds reloaded by you, we will either refund the excess amount by cheque or by depositing it into your local bank account (provided you have given us your bank account details) or via other channels as determined by us or credit the same back into your Card Account if your balance has dropped sufficiently at our sole and absolute discretion and in accordance with our internal company policies.

 

Notwithstanding and irrespective of the above, we reiterate and remind you that you can only reload and top up your Card subject to the limitations or maximum Card limit(s) (including any restrictions in respect thereof for certain Cardholders) that have been stipulated, approved and/or imposed by us, and we reserve the right to take any action as we deem necessary or even terminate and cancel your Card in relation to non-adherence of the same. In addition, we reserve the right to debit your Card for any funds which have been topped up to your Card in excess or erroneously.

 

All reloads and/or top ups of funds shall not be considered to have been made until all relevant funds have been received and processed as good value by us. Reloading of additional value to the Card may be delayed until we have actually received and processed the actual payment. During such delay, the amount transferred by you will not be available for you to use on your Card. We reserve the right to accept or reject any request to top-up additional value to the Card or any reload transaction made to the Card. You agree that we shall not be liable to you in the event of delay in any loading or crediting of funds into your Card Account where such delay is not attributable to our fault.

 

For all our available Top-Up Channels, please refer to the Mobile App for details. Our Top-Up Channels are not exhaustive and may change or be replaced from time to time. For Top-Up Channels operated by our authorized agents or partners, please note that a fee may be levied by the respective agents or partners. We may also charge a fee, if applicable. Please refer to the Fees & Charges for all applicable fees. 

Payment Source and Auto Top-up

 

In the event you intend or have subscribed to the Auto Top-up function which we provide or may provide, you hereby confirm, consent and irrevocably authorize us: (i) to add, save or link your Payment Source in order to top-up your Card via the Auto-Top-up feature in the Mobile App; (ii) to retain, record and use the relevant data of the Payment Source for the Auto Top-up function; and (iii) to automatically charge and debit your Payment Source for the preset reload amount whenever the Auto Top-up function is utilized and/or activated.

You further agree and undertake to comply with the terms and conditions imposed by the issuer of the Payment Source in respect thereto.

 

Validity

 

The Card is valid for the duration as stated on the face of the Card (“Validity Period”). After the Validity Period, you will be issued with a new Card unless otherwise instructed by you or as otherwise determined and/or declined by us. Without prejudice to the foregoing, the renewal of a new Card by us for you upon the expiry period shall be at our sole and absolute discretion. We may decline any renewals or requests for replacement Cards at our sole and absolute discretion, and our decision shall be final and conclusive.

 

Cardholder

 

The Cardholder is the individual who personally applies for and has been issued the Card.

 

Use of the Card

 

Once your Card application is approved, you will first be issued with a Virtual Card. You may view the details of the Virtual Card on the App and you may use the Virtual Card immediately (once you have topped -up the Virtual Card with sufficient funds) for E-commerce Transactions. 

 

All BigPay Cards are issued with contactless functionality and are Visa payWave enabled. Once the BigPay Card is activated and you have topped-up the Card with sufficient funds, you may start to use the BigPay Card to purchase goods and services worldwide anywhere a Visa card is accepted and also to access cash at ATMs or financial institutions displaying the Visa name and/or logo.

 

Each time you use the Virtual Card or the BigPay Card to purchase goods or services, you authorize us to deduct your funds from your Card Account.

 

The Card is non-transferable and shall only be used exclusively by you as the Cardholder. Your Card shall not be pledged by you as security for any purpose whatsoever. You shall not give the Card or your Card Account number to other third parties or allow them to use it for charges, identification or any other purpose. If you do so, you will be liable for all charges made with the Card as a result thereof. You also cannot use your Card for business and/or commercial purposes which are deemed to be illegal or unacceptable by us and we shall be entitled to block the authorization for the use of the Card for such activities.

 

Your Card usage in respect of the Card limits is subject to the Card Storage Limit and Card Usage Limit. If you opt for any optional services provided by us (if applicable), then you may have to maintain a minimum amount as specified in connection with the use of those services. We may further set certain limits and thresholds for specific use categories which you cannot exceed whether daily, monthly or so on. We may further refuse any Transaction and Card Transaction or limit the amount to be transacted either on a per transaction or aggregated basis at any time and for

 

You should frequently review your Account to check and verify your Available Balance before using your Card. You must always ensure that there are sufficient funds in your Account to pay for each transaction and to cover the total amount transacted on your Account, including purchases, recurring transactions, cash withdrawals, fees and other charges. If the total amount in your Card account is insufficient, your transaction will be declined and in the case of recurring declined transactions, you would have to make your own arrangements for payment with the recurring merchant. If you have not paid any of the fees (as may be applicable), your Card cannot be used and we will be entitled to block, suspend and/or to terminate your Card account.

 

Without prejudice to the above, we shall not be responsible for the refusal of any Merchant or member institution of the Card Scheme to honor or accept your Card.

 

 

All transactions conducted with your Card will only be reflected and posted to your Card Account after they have been submitted by the respective Merchant or acquiring bank and processed by the Card Scheme’s payment network to BigPay.

 

Take note, as part of our CDD requirements and security monitoring process, BigPay reserves the right to review your Card Account activities and any Transaction at any point in time in order to protect you and your funds and to ensure the validity, safety and security of your Account against money laundering, terrorism financing, fraudulent or illegal activities. As a provider of financial services, BigPay also plays an important role in the fight against financial crime, money laundering and terrorist financing activities and as a result, the Applicable Laws require us to obtain, verify and record personal and private information about our customers and to conduct periodic account reviews. These processes often include steps that involve additional verification and validation of identity, payment or funding sources and instructions, and of other Transaction information which may require us to contact you further for the relevant information, which may result in delay in the processing of a Transaction until such verification and validation is satisfactorily completed. In the event that your Transaction is subject to any process for additional verification and/or validation (including AML compliance checks), your Transaction may be put on hold while we collect and confirm the source of the funds and complete the verification and validation process.

 

We reserve the right to refuse to process Transactions for certain individuals, including without limitation, individuals from sanctioned or high risk countries, individuals who have been blacklisted by any financial institutions, licensed banks or e-money issuers in Thailand or abroad, individuals who are included in our internal lists and the relevant money laundering and terrorism financing information sources, as well as global lists or databases provided by local or foreign authorities (including but not

 limited to Anti-Money Laundering Office), the United Nations Security Council Resolutions (UNSCR), Office of Foreign Assets Control (OFAC), or who are deemed as Specially Designated Nationals (SDNs), included under any lists or databases as provided or recommended by the Financial Action Task Force (FATF) and such other lists as may be issued from time to time by relevant government agencies. We may also refuse to process any Transaction on behalf of individuals that may appear on any list of politically exposed persons (PEPs) or that are family members or considered close associates of such PEPs (RCAs).

 

If the Card is used in a manner other than as permitted by this Cardholder Agreement, to the extent permitted by law, we may, at our option and without waiving any of our rights, recognize the transactions and debit or credit the Card accordingly. Online betting and/or gambling activities are prohibited and you agree that we do not owe you any duty and/ or obligation whatsoever to monitor and block the use of the Card for any unlawful activities. If we do find that your Card has been used for unlawful or fraudulent activity, we shall be entitled to suspend, block and/or terminate the use of the Card immediately without prior notice to you. Notwithstanding the above, BigPay reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion.

 

We reserve the right to suspend, revoke and/or block any reloads or top ups to your Card which we discover and/or which we have been informed by any third parties (including the local enforcement authorities, Bank of Thailand, Visa and/or other banking institutions or other relevant parties) to be irregular, suspicious, illegal or unauthorized, and we shall be entitled to take any action against you as may be deemed necessary for such transactions, including blocking suspending and/or terminating your Card and Card account.

 

We shall not be liable or responsible to rectify, adjust, fix or recover any amounts from your Card for any Transaction(s) made by you (whether due to your error, negligence or otherwise) if the said Transaction has been properly authenticated. We shall further not be held liable or responsible for the debiting of any funds from your Card Account due to an error caused by you or as a result of your negligence (and we are not to be held liable for the recovery of such funds) if the said Transaction(s) has been properly authenticated.

 

Mobile App

 

You will be solely responsible for your own personal Card account settings, and BigPay shall not be held liable for any errors or losses incurred or suffered by you as a result of any personal settings or information set or keyed in by you in the Mobile App.

 

 

 

Auto Debit

 

If you opt for, instruct or authorize us to deduct any amounts from your Card in respect of any Transactions (which may include deferred or installment payments) you need to make to third parties including Merchants, we will proceed in accordance with your instructions and authorization to deduct or auto debit your Card Account on the stipulated date(s) (where applicable) for payment to the third party in respect of the stipulated amount.

 

Card Services and/or Products

 

More than one service, offer or program may apply to your Card at the same time. We may from time to time also introduce new services, offers or programs in relation to the use of your Card including but not limited to promotional offers, activities or campaigns. Supplemental terms may also apply to the Card from time to time in respect of a such services, offers, programs, activities or campaigns, We will tell you the terms and conditions (or any additional supplemental terms and conditions) of such services, offers or programs at the time of the introduction of the services, offers or programs (if any). The terms and conditions (or additional supplemental terms and conditions) of such services, offers and programs are binding on you as if the same are contained here.

 

SMS Alert Service

 

We may provide and/or implement an SMS alert service for your Card (subject to your Card being in good standing and/or not suspended or blocked by us). If we implement this service, alert notifications will be sent via Short Messaging Service (“SMS”) at our discretion based on pre-determined criteria(s) as follows: (a) first card usage alerts; (b) transactions alerts, both local and overseas, above a certain value; and (c) suspicious or irregular transaction alerts. The SMS alert service is subject to the terms of your agreement with your mobile phone service provider. You shall ensure that your mobile phone and number are able to receive text messaging both in Thailand and overseas, and you shall be personally responsible for any fee imposed by your respective mobile phone service provider.

 

Each SMS alert will not be encrypted and may include details pertaining to your Transaction(s). You are responsible for the security of your mobile phone. We shall not be liable in any way to you (or any third party) should any SMS alert be viewed or accessed by persons other than you, the Cardholder. We shall not be liable for any or all losses, damage, expenses, fees, costs (including legal costs on a full indemnity basis) that may arise, directly or indirectly, in whole or in part, from (a) the non-delivery, the delayed delivery, or the misdirected delivery of an SMS alert; (b) the non-receipt of an SMS alert; (c) inaccurate or incomplete content in an SMS alert; (d) reliance on or use of the information provided in an SMS alert for any purpose; or (e) any third party, whether authorized or not, obtaining your Card account information contained in the SMS alert by accessing your mobile phone.

 

An SMS alert does not constitute a record of the Account or Card Transaction to which it pertains. We do not assume any additional responsibility or obligation in respect of the use of, or any transaction or eventuality involving, the Card Account. The SMS alert service does not free you from the responsibility of safeguarding the physical security and authorized use of your Card or Card Account, and it does not entail that BigPay will automatically be liable for any unauthorized Transaction(s) that may be charged to the Card Account. The SMS alert service may be subject to a fee. Please refer to our Fee and Charges on the Mobile App or our Website for any charges that may be imposed for the SMS alert service. Any additional terms and conditions applicable to the SMS alert service shall be binding on you and shall apply in addition and not in substitution to the terms and conditions contained herein.

 

Disputed Transactions – Goods/Services

 

We are not responsible and shall not be liable for the goods and services (including their delivery, performance, merchantability or fitness for purpose) purchased with your Card, whether at the Merchant’s premises, written instructions sent by mail, email, facsimile, telephone order, online via the internet or any other means by which you have authorized the use of your Card for the purchase of goods and services. We are further not responsible for the delivery, quality, safety, legality, fitness for purpose or any other aspect of the goods or services (including any defects or deficiency in any goods or services) purchased by you from Merchants with your Card. All disputes involving the same should be addressed directly to the Merchants from whom the relevant goods and services were purchased. You agree to settle all disputes directly with the Merchant who honored your Card or the member institution of the respective Card Scheme concerned and you shall pay us all amounts required under this Agreement despite such disputes. You shall not be entitled to set-off or counterclaim against us or to withhold payment to us on account of such complaint or under any circumstances whatsoever in respect of your claim against the Merchant or the member institution of the respective Card Scheme. You shall not initiate any claim or take legal action against us for any claim you have against the Merchant or for any issues with regards the delivery, quality, safety, legality, fitness for purpose or any other aspect of the goods or services purchased by you from the Merchant.

 

In the event a dispute occurs due to you making a prohibited transaction or infringing the laws, rules, regulations, legal orders, or these Terms, you  agree to be liable for damages and other expenses arising from BigPay’s execution of dispute resolution and/or compliance with the laws, as well as legal liabilities, losses, or any other damages to third parties. In case BigPay has to pay fines, damages, or any other compensations to government agencies and/or third parties affected by your  action, you  agree to be liable for and refund the damages, expenses, fines, and/or any other compensations to BigPay.

 

You must key-in your 6-digit personal identification number (“PIN”) for verification instead of signing a transaction slip when making payment at point-of-sale terminals for transactions you make with domestic or overseas merchants using your PIN-enabled BigPay Card. By entering your PIN or other identifying number or password at an electronic banking facility, you indicate your acceptance that the transaction amount is correct. You should ensure that the transaction amount is correct before you enter your PIN or other identifying number or password at an electronic banking facility. In addition, BigPay reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion.

 

E-commerce Transactions

 

If you use your Card for e-commerce transactions to purchase goods and/or services through the online internet sites or third party mobile apps, you shall be solely responsible for the security of such use at all times. You agree that the entry of your Card information on the internet or via such third party mobile apps shall be sufficient proof of the authenticity of such instructions. We are under no obligation to verify the identity or the authority of the person entering your Card information and we shall not be liable for acting on such use of your Card regardless of whether the person is authorized or unauthorized and regardless of the circumstances prevailing at the time of the transaction. However, we reserve the right not to process any such transaction over the internet or via third party mobile apps if we have any reason to doubt its authenticity or if in our opinion it is suspicious in nature, unlawful or otherwise improper to do so or for any other reason. Notwithstanding the above, BigPay reserves the right to block, suspend or decline any Transaction at its sole and absolute discretion. For all transactions processed via the two-factor authentication mechanism or 3D secure, we shall not entertain any disputes from you with regards to the fact that you did not authorize or participate in the transaction nor will you be able to raise a chargeback claim for such transactions which have been processed under the two factor authentication or 3D secure mechanism. In such cases of two factor authentication or 3D secure transactions, we will only allow chargeback due to no authorization, processing errors, service not rendered and other card acceptance violations as stipulated in the Card Scheme’s card chargeback rules. 

Cash withdrawal and/or ATM Transactions

 

You may obtain cash withdrawals  by presenting your BigPay Card at the Card Schemes participating institutions together with evidence of your identification and signing the necessary transaction record or using your BigPay Card at ATMs under the Card Schemes payment network or the ATM of any other bank or institution carrying the Card Schemes logo, in which case the withdrawal shall be subjected to the withdrawal limit imposed by us or the bank, whichever is lower.

 

Any withdrawal made outside Thailand will be in the currency of that particular country or jurisdiction.

For all international transactions via ATM and/or any member institution of the respective Card Scheme, the exchange rates (if applicable) shall be the prevailing exchange rates which shall be determined by the Card Schemes and all such transactions shall not violate the laws existing in the country where the transactions are done. The use of your BigPay Card to obtain a cash withdrawal shall be deemed to constitute your agreement to pay all applicable fees and/or charges as prescribed from time to time. You cannot make ATM withdrawals in excess of the limits set by the respective ATM networks.

 

For the purposes of effecting cash withdrawal using the BigPay Card at any ATM under the respective Card Scheme’s payment network, you must use your 6-digit PIN. You may set and change the PIN through the Mobile App or any other mode as determined by us from time to time.

 

BigPay reserves the right to block, suspend or decline any cash withdrawal or ATM transactions at our sole and absolute discretion.

 

Contactless Payments

 

Contactless Payment allows you to pay amounts up to a certain amount without entering your PIN on applicable Contactless Readers. You can pay at applicable Contactless Readers which are contactless enabled.

 

The first time you make a Contactless Payment, you will be asked to enter your PIN. After that, you can pay amounts up to a certain amount, via the BigPay Card’s contactless functionality. When you make a Contactless Payment, you must check the amount and hold your BigPay Card against the Contactless Reader. The Contactless Reader will show whether the payment has been successful.

 

We may also require other activation and/or authentication procedures as we may at our sole and absolute discretion prescribe from time to time. When you tap, wave or touch your BigPay Card against the Contactless Reader, you are giving authorization for the transaction to be charged to your Card Account and for funds to be deducted from your BigPay Card in respect of the said transaction.

 

Cardholder’s may use the BigPay Card to effect any number of Contactless Payments on Contactless Readers provided that the value of such Contactless Payment(s) does not exceed the daily limit set by us. For the avoidance of doubt, the Cardholder cannot use the BigPay Card for any Contactless Payment which exceeds the daily limit set by us. The Cardholder must enter his PIN for any transaction in excess of the stipulated amount. 

 

After a number of payments, you may be asked to enter your PIN again for security reasons. If Contactless Payments are made after your BigPay Card has been lost or stolen, it will be treated in the same manner as stated in the ‘Disclosure of loss of PIN, or Loss, Stolen, or Unauthorized Use of Card’ section below.

 

You cannot use the contactless function of the BigPay Card or make Contactless Payments for card- not-present transactions, online transactions, e-commerce transactions, recurring bill payments, cash advance transactions, funds transfer transactions, transactions performed or to be performed at any ATM. The BigPay Card also cannot be tokenized on mobile devices for any forms of Contactless Payments.

 

Any usage of a BigPay Card at any Contactless Reader, if and where permitted by BigPay shall be subject to such terms and conditions as BigPay and the Card Scheme may agree from time to time.

 

Security of PIN

 

You must keep your PIN strictly confidential and you should never disclose your PIN to any person under any circumstances or by any means whatsoever. You should not keep any written record of your PIN at any place or in any manner which may enable a third party to have access to it and/or make use of your BigPay Card. Failure to comply with this requirement will expose you to the consequences of theft and/ or unauthorized use of your BigPay Card, for which we will not be in any way be responsible or liable to you. You shall hold us free from all claims and liabilities from all parties whomsoever arising from the use of your PIN whether authorized or otherwise.

 

Disclosure of loss of PIN, Loss, Stolen, or Unauthorized Use of Card

 

You shall be and remain liable to us for any goods and services supplied by the merchants and cash withdrawals through the use of your Card whether or not you have authorized such usage. You shall use all reasonable precautions to prevent disclosure of the PIN to any unauthorized person or the loss, theft or unauthorized use of your BigPay Card.

 

In the event of disclosure of your PIN to any unauthorized person or the unauthorized use of your Card or your BigPay Card is lost or stolen, you must immediately freeze your Card via the Mobile App. Alternatively, you may call our Customer Service to cancel your Card Account. If you have the Virtual Card and the BigPay Card, you may choose to block either one or both via the function in the Mobile App. Alternatively, if you call our Customer Service, we will block your Card Account upon receipt of your notification to protect the security of your account as a whole. Any block of made by us will be at your Card Account level. You should then send a confirmation in writing to us. As a matter of prudence, we advise you to lodge a police report immediately to substantiate your claim (for loss or stolen BigPay Card(s)).

 

We may at our discretion on a case-to-case basis ask you for a copy of the police report confirming the incident. If we do indeed require the police report, and you are not able to provide us with a copy, we may not be able to proceed with our investigations and we shall not be responsible or be held liable for any disputes or loss suffered by you in relation to any transactions incurred from unauthorized usage of the Card. You shall be and remain liable for all transactions incurred from unauthorized usage of the Card, where investigations made by us or the police reveal that you are a party in the procurement of any merchandise or services from the merchants effected through the use of the Card by the use of any unauthorized person. You shall be liable for such unauthorized transaction before we receive written notification of the loss or theft. We may at our absolute discretion, resolve that your liability be limited to a certain amount provided you are not found to be negligent or have not acted fraudulently.

We shall not be responsible and shall not be liable for any transaction as a result of the loss or theft or misuse of the Card (irrespective of Virtual Card or BigPay Card), occurring prior to you reporting the loss or theft of the BigPay Card to us.

 

Without prejudice to our rights and notwithstanding that you may have exercised all reasonable precaution to prevent the loss or theft or unauthorized use of your PIN or your BigPay Card, and you have reported the loss or theft or unauthorized use thereof, you shall remain liable to us if you have acted fraudulently or if you were involved in the procurement of goods or services supplied by any merchant, cash advance or ATM transactions through the use of your BigPay Card by any person or if you have failed to inform us upon discovering that your PIN or BigPay Card has been lost or stolen or used for purposes unauthorized by you.

 

If you later find the lost or stolen BigPay Card, you should not further use the BigPay Card but shall cut it into half and dispose of it immediately or return the same to us. Upon the loss or theft of your BigPay Card or upon discovery that an unauthorized person or persons have acquired knowledge of the PIN or use of your BigPay Card not authorized by you, you may request us to issue a replacement BigPay Card and we shall have the right at our sole discretion to accept or to refuse such request without having to assign any reason whatsoever. We are under no obligation to issue a replacement BigPay Card automatically following its loss or theft.

 

Any replacement BigPay Card will be subjected to a replacement card fee, unless waived by us at our sole discretion. If we approve your request for a replacement BigPay Card, and upon proper verification, we will issue a new BigPay Card to you with a new account number. The balance of funds from your previous lost or stolen blocked BigPay Card will be transferred to the new BigPay Card accordingly. If we do not issue you a replacement BigPay Card and if you do not have a Virtual Card, then your Card Account will be cancelled and the balance in your Card Account will be refunded to you (less any applicable fees and charges including bank charges) after 10 business days via cheque or by depositing it into your bank account (provided you have given us your bank account details) or in any other manner in accordance with our internal policies. BigPay will refund Available Balances in Thai Baht only.

 

Card to Card Transfer / P2P

 

You can only transfer funds from your Card to another BigPay Cardholder’s Card. The maximum monthly transfer limit is THB 50,000_accumulated with your payment transactions in a respective month. Please refer to the Mobile App to find out more about this feature and the limits.

 

Disclosure of Passwords, Unauthorized Access

 

If you wish to update your profile and personal data, including but not limited to, mailing address, contact details, phone numbers, email address, and other personal particulars, you may do so by contacting our Customer Service. We may from time to time first verify your identity through the security protocols established by us (and which may be changed from time to time at our sole and absolute discretion) before your profile and personal information can be updated. You shall at all times keep all your passwords and security codes, security questions, security answers (including but not limited to those used for verification and authorization purposes and for access into your Card Account) secret and you shall use all reasonable precautions to prevent disclosure of the same to any unauthorized person, or third party. We shall not be responsible and shall not be liable for any loss suffered or in relation to the transactions on your Card Account or for any unauthorized transactions on your Card, if you disclose any of your passwords, security codes, security questions, security answers or any of your personal details to unauthorized parties or third parties. 

Transactions made in Foreign Currencies

 

If a Transaction is made in a foreign currency, the respective Card Scheme will convert the transaction into the Thai Baht equivalent at the conversion rate as determined by the Card Scheme as at the date it is processed by the Card Scheme after merchant settlement. You will also be required to pay administration costs at such rates/fees as shall be determined by us. You acknowledge and accept that for Transaction(s) made in foreign currencies, there may be a difference in the refunded amount from the Merchants due to foreign exchange rates and the final amount refunded to you shall not be open to dispute. Once a Transaction made in foreign currency has been settled but the Merchant subsequently initiates a refund, the final amount refunded to you may not match the original transaction amount due to variable foreign exchange rates. Further, any fees charged by BigPay in this respect will not be refunded to you. 

 

Transaction History

 

A transaction history comprising of a statement detailing your account deposits, expenses, fees, payments, charges, transactions, total account balance, Available Balance and all other relevant information with respect to your Account shall be available on the Mobile Application.

 

A hardcopy of the transaction history is available upon request via email to us. All issuance of hardcopies will be subject to a fee as determined by us.

 

All entries in the transaction history are deemed true and accurate unless you inform us of any error, exception, dispute or unauthorized transaction within [X] business days from the date of the transaction. If we do not receive any written notification from you concerning any error in the transaction history within the stipulated time frame, the transaction history shall be deemed true, complete and accurate, and you shall then be deemed to have accepted the entries in the transaction history made up to the date of the last entry in the transaction history as final and conclusive.

 

In the event the investigations and verifications conducted by BigPay reveal that the disputed transaction(s) was (were) accurate, genuine and properly authorized by you, then you, the User shall be liable for all the disputed transaction(s).

 

You, the Cardholder further agree to indemnify us, BigPay against all other costs, expenses & charges that BigPay may incur in the verification processes of the disputed transactions.

 

If you dispute any transactions stated in your history transaction, we may in our absolute discretion and as deemed fit conduct any investigation(s) regarding the disputed transaction(s) wherein the following shall apply: If our investigation(s) reveal or indicate that you are liable for any of the disputed transaction(s), we shall be entitled to levy the following charges: an investigation charge as we may deem fit to charge; from the date of the disputed transaction(s) until the finalization of our investigation(s). No investigation charge(s) shall be levied in the event that the investigation(s) reveal that you are not liable for any of the disputed transaction(s). Our findings in any investigation conducted in relation to your Card Account shall be conclusive, final and binding on you and shall not be opened for questioning in any event.

 

We further reserve the right to make necessary monetary adjustments to your Card Account to correct or align the Account’s balance with the true reflection of its status. This includes, but is not limited to, any internal error or technical issue which may result in your Card Account being credited with extra funds  which we would need to adjust or rectify. You may seek clarification on such adjustments, but your Card Account (and/or Transaction History) shall reflect the amounts as adjusted by us of which such adjustments shall be deemed as conclusive.

 

Events of Default by Cardholder

 

We may suspend, block, revoke and/or or terminate the Card and/or any of the services offered to you, the Cardholder with or without prior notice notwithstanding that we may have waived our rights on some previous occasion upon the occurrences of any or more of the following events, including but not limited to:–

 

if payment of any sum of money is due from you to us at any time under the Account; or if you use your Card for any unlawful activities such as online betting and/or gambling activities; or if you commit or threaten to commit a default or breach of any agreements, covenants, stipulations, terms or conditions set out in this Agreement; or if you have furnished false information, data or documents to us; or if in our absolute opinion, your Account has not been operated satisfactorily or used for fraudulent purposes; or if we have noticed irregular, suspicious or unauthorized activity on your Card; or if an event or events has or have occurred or a situation exists which should or might in our opinion prejudice your ability to perform your obligations under this Agreement; or if we in our absolute discretion refuse to issue a replacement card or renew your Card; or if we in our absolute discretion decide to block, suspend, cancel or terminate the use of your Card; or if you use your Card for business and/or commercial purposes which we deem not acceptable to be transacted using your Card. In such circumstances we reserve the right not to refund any balance of funds existing in your Card Account and we shall be entitled to retain the same at our sole discretion and/or as may be required by the relevant governing authorities. Further thereto, we reserve the right to take any action against you as may be deemed necessary or as may be required under governing laws or by the relevant governing authorities.

 

We reserve all rights to block, decline or terminate your application for the Card, the issuance of a Card by us to you or your Card and Account (if the same has already been issued to you) if we find that you have furnished false or misleading information and/or documents to us concerning your personal details and any other information required in the application form immediately at our sole discretion without any prior notice to you. In such circumstances, we shall not refund any balances existing in yourAccount (if the same has been issued to you) and we shall be entitled to retain the same. We shall not refund the initial top-up amount to you if you have not received the Card yet.

 

If we obtain judgment from any court for any sum owing under this Agreement, any charges payable shall continue to be payable from the date of judgment until the date of full payment of such sum of money so adjudged to be payable to us.

 

Blocking, Suspension, Cancellation and/or Termination of Card by BigPay due to Suspicious, Fraudulent, Unusual, Irregular or Unauthorized Activity

 

In addition to the Events of Default above, we may at our sole and absolute discretion, limit, block, suspend or terminate your use of the Card and Account if we detect any unusual, irregular, suspicious, fraudulent or unauthorized activity on your Card and/or Account; or suspect misuse of your Card and/or Account; or there is a contravention; non-adherence or breach by you of any of the provisions of this Agreement. We shall have the right to withdraw at our absolute discretion, all or any of the facilities provided by us, with or without notice and without assigning any reasons for it, and in such circumstances if we so deem fit to terminate use of your Card notwithstanding that we may have waived our rights on some previous occasions. We may refuse to issue a Card or may revoke the Card privileges with or without cause or notice, other than as required by applicable law.

 

If we detect unusual, irregular, suspicious, unauthorized or fraudulent activity on your Account, we may suspend and block the use of your Card and the Account immediately as security/precautionary measures (with or without prior notice to you) until we can verify the activity. If we decide to cancel or suspend (block) the use of the Card, we will attempt to notify you via phone or electronic mail or any other means of communication. You agree not to use or attempt to use an expired, revoked, blocked, suspended, terminated or otherwise invalid Card.

 

If we cancel and terminate your Card due to the abovementioned reasons, we reserve the right not to refund any balances of funds existing in your Card Account and we shall be entitled to retain the same at our sole discretion, for investigation purposes and/or as may be required by the relevant governing authorities. Further thereto, we reserve the right to take any action against you as may be deemed necessary or as may be required under governing laws or by the relevant governing authorities.

 

Limitation of Liabilities

 

You  consent and agree that BigPay shall  not be liable for any loss or damage in the following cases:

(1)          Loss or damage due to misunderstanding about BigPay’s provision of Services;

(2)          Loss or damage due to negligence to notices or warnings from  BigPay;

(3)          Damage due to third parties accessing your account or other damages that are not caused by BigPay

 

In any case, you consent and agree that BigPay shall  not be liable for losses or damages arising from external factors that are beyond the control of BigPay, including damages from human and natural disasters such as failures of electrical system, natural disasters, riots, protests, or orders from regulatory agencies or government sector. 

 

Voluntary Cancellation and Termination of Card by Cardholder

 

You may at any time of your own accord cancel your Card Account by sending a notice in writing and/or email notification to us. If you cancel your Card Account, we will then terminate both the Virtual Card and BigPay Card (if you have both) and any balance of funds in your Card Account will be refunded to you subject to the other provisions and exclusions stated in this Agreement. You shall remain liable for any transaction(s) effected through the use of your Card prior to and post (where applicable) termination for the use of your Card Account.

 

If you have both the Virtual Card and BigPay Card, and you elect to only cancel your Virtual Card, you can still use your BigPay Card for Transactions and your Card Account remains active. Once you elect to cancel your BigPay Card, this will also result in your Card Account being terminated.

 

Refund of Balance of Funds upon Termination of Card Account

 

Upon termination (whether by BigPay or you) of the use of your Card Account (subject to all Card Transactions having first been settled with the relevant third party(s)), unless otherwise due to termination by BigPay due to Events of Default or due to suspicious, fraudulent, unusual, irregular or unauthorized activity, the balance of funds on the Card Account shall be refunded to you, the Cardholder (less any applicable fees and charges) after 10 business days from the date we have confirmed the receipt of your request to process the cancellation of your Card Account together with your valid and current mailing address submitted by you to BigPay (via e-mail or any other method notified to you by BigPay from time to time).

 

In the event of any delay on the Cardholder’s part in confirming his valid and current mailing address then BigPay will only be able to process the refund from the date we receive the Cardholder’s valid and current mailing address. If we do not receive any confirmation in writing from the Cardholder with respect to his valid and current mailing address within a reasonable timeframe from the date of our request for the said confirmation (following cancellation of the Card Account), then we will be unable to refund the said balance within the stipulated time frame above and shall only refund the same to the Cardholder upon the receipt of the Cardholder’s confirmation in writing of his valid and current mailing address. The balance on your Card Account will be refunded to you via cheque or by depositing it into your bank account (provided you have given us your bank account details) or in any other manner in accordance with our internal policies. 

BigPay will refund any Available Balances in Thai Baht only.

 

Dormant Account

 

We reserve the right to terminate any Card Accounts if your Account has been left dormant for a lengthy period of time.  

 

 

 

Balance Transfer upon New Card Application or Renewal

 

If there is a balance of funds remaining on the Account upon the expiration of the Card, and you decide to renew your card (subject to our approval), then the balance of funds will be transferred to a new Card.

 

Communication

 

You agree that we shall be entitled from time to time to contact you via electronic transmission (including, but not limited to email communication, telex, fax), SMS or via telephone correspondence and calls (which may be monitored and/or recorded by us), and any other means of exchange communication in respect of, but not limited to, matters in relation to your Card, confirmation of transactions, whether or not you transacted the same, status of your Card and Card Account, communication on promotions (and promotional items) for the Card, and for any other matters relating to the Card and Card Account.

 

You further agree that we shall be entitled to send you marketing materials, promotional offers and newsletters from time to time with regards the Card, the Mobile App and services provided by BigPay. You may opt out from receiving such marketing communications by sending an email to support@bigpayme.com.

 

Variation of Terms 

 

Subject to the limitations of applicable law, we may at any time vary, revise, change, amend, withdraw, substitute or remove any of the terms and conditions of this Agreement. Any such material amendment shall be effective thirty days after the revised terms have been posted on our Website or the Mobile App. And thereafter such posting on the Website or the Mobile App, the revised or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. We may also issue a notice via email, electronic correspondence or any other modes of communication to you concerning any variation, revision, amendment, withdrawal, substitution, removal or change. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card, Card Account or any related payment system. The retention or use of your Card after the effective date of any variation, amendment, revision, substitution or change of terms and conditions shall be deemed to constitute your acceptance of such variation, revision or change without reservation by you.

 

If you do not accept the proposed variation, amendment, revision, substitution or change, you are entitled to terminate the use of your Card by contacting us, and the provisions relating to termination above shall apply.

 

Notwithstanding the above, we specifically reserve the right to withdraw or terminate the Card program (in whole or in part), any program, feature, function or benefit thereunder at any time with or without prior notice at our sole discretion. We may from time to time issue additional terms and conditions for the Card, if required.

 

The latest version of the Terms and Conditions will be on the Mobile App (and Website). We advise you to check the Terms and Conditions of the Card regularly whenever you log-onto the Mobile App or visit the Website to ensure that you are aware of our latest or updated terms and conditions of the Card.

 

Personal Data Protection

 

We may collect and hold personal information/data (“Personal Information”) about you, that is, information that can identify you, including without limitation full name, date of birth, gender, nationality, postal and email address, mobile number, other contact details, identification details (including but not limited to national identification number or passport), payment details, financial details (including source of funds) and other information relevant to us providing you with the services you are, or someone else you know is, seeking, which we receive from you through our Mobile App, Website, customer service centre, social media sites, walk-in or distribution channels, and other distribution channels.

 

BigPay provides necessary and appropriate measures to protect your personal information. BigPay may be required to collect sensitive personal data from you, Sensitive personal data collected by BigPay includes biometric data (such as facial, fingerprint, and iris recognition to authenticate and identify your identity, to apply for and/or access the Application. BigPay shall collect, use and / or disclose the sensitive personal data provided that BigPay has been given explicit consent from you or as required and permitted by law. This shall be undertaken on a case-by-case basis when BigPay is required to collect sensitive personal data from you.

 

Subject to Clause Applying for the Card, Customer Due Diligence (CDD) and Know Your Customer

(KYC), It is necessary for us to use your personal data for identification, verification, or due diligence, or know your customer (KYC) according to Anti-Money Laundering Office’s Policy (AMLO).

 

We are committed to protecting your privacy. BigPay’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that BigPay can use such data in accordance with our privacy policies. You may further read such Privacy Notice as announced by BigPay on BigPay’s Mobile App and/or Website and/or any other channels prescribed by BigPay or to be further changed and notified to you by announcing on such Mobile App and/or Website and/or any other channels prescribed by BigPay

Cookies

 

We may use cookies in our Mobile App or Website to:-

 

(1)          maintain your session and required details during the application, subscription, registration process and during transactions (session cookie);

(2)          collect online usage data for statistical/analytics purposes (analytics cookie); and

(3)          direct you to the correct landing page based on your geo-location (geo-targeting cookie).

 

We use cookies on our Mobile App or Website to ensure the integrity of the registration process and to personalize our Mobile App or Website. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you.

 

You may further read BigPay’s cookies policy as announced by BigPay on BigPay’s Mobile App and/or Website, You may instruct your browser, by changing its setting, to stop accepting cookies or to prompt you before accepting a cookie from the websites that you visit. Our Website or Mobile App will not function properly if the cookie setting is disabled

 

Disclosure

 

You acknowledge and agree that in order for us to provide you with the services, benefits, offers and privileges related to the Card, to manage your Card and Card Account, to facilitate the use of your Card and the processing of any transaction effected or to be effected through the use of your Card, the sharing, transfer, retrieval, updating and processing of your personal information as well as the creation of member profiles and user accounts and updating of personal details may occur between BigPay, our parent, ultimate shareholder, our related companies, subsidiaries, associates and/or affiliates, our licensees, assignees, proposed assignees, representatives, agents, vendors, service providers (including partner networks), merchants, strategic partners, commercial partners, third party contractors, any regulatory authorities (including Bank of Thailand, Anti-Money Laundering Office and such other authorities or bodies having jurisdiction over us), credit reporting agencies, card schemes or payment network operators, and any other parties engaged by us to enable or assist us in the provision of services to you or to exercise or enforce our rights hereunder and/or any other party whomsoever as we may, to the extent at our sole and absolute discretion deem fit and necessary, within and beyond Thailand, as stated in our Privacy Policy as mentioned in Clause Personal Data Protection and you have consented to the same; and that you have read, understood and accepted the terms and conditions contained in this Agreement and in connection with the use of the Card, and that they are legally binding on you.

 

You agree and authorize us to contact you, through any means, to make any inquiries and request additional information to validate any information we have on our records. Such inquiries may include, without limitation, mobile phone number verification, account verification, and requests for additional personal information. If we do not have your personal information, or you choose not to share or disclose any information that we may require, we may not be able to provide or continue to provide you with the Card or Card related services and we will not be obliged, responsible or held liable for the failure to provide the same (and/or any disputes in relation thereto).

 

Any disclosure by us of your information as set forth herein shall not render us liable to you for any claim, loss, damage (including direct or indirect damages or loss of profits or savings) or liability howsoever arising whether in contract, negligence, or any other basis arising from or in relation to: the release or disclosure of the information by us; and/or the information being incorrect, erroneous or misstated; and/or reliance on the information, whether caused by us or other third party’s misstatement, omission, negligence or default or by technical, hardware or software failures of any kind, interruption, error, omission, viruses, delay in updating or notifying any changes in the information or otherwise howsoever.

 

Costs and Expenses

 

You hereby agree that if we initiate legal proceedings against you because of a default in the terms of this Agreement, you shall be liable to pay to us all legal costs (including costs on a solicitor and client basis), other costs, charges and expenses which we may incur in enforcing or seeking to enforce any of the provisions of this Agreement or in obtaining or seeking to obtain payment of all or any part of the monies owing by you. Your responsibility for fees and costs shall not exceed the maximum amount allowed by law.

 

Indemnity

 

You agree to indemnify, defend and hold us and our parent, ultimate shareholder, respective affiliates, related companies, officers, employees, agents, contractors, representatives, suppliers, vendors, service providers, partner networks and other related parties involved in the provision, processing and/or execution of services, benefits, offers and privileges related to the Card, harmless from and against any claims, losses, damages, judgments, awards, costs, liabilities, expenses or fees (including without limitation reasonable attorneys’ fees) arising out of or in connection with your breach of this Cardholder Agreement or your use of the Card and/or the Mobile App, of any Applicable Laws, or violation of any rights of a third party including your use of any information or content obtained from or through your use of the Card or the Mobile App other than expressly permitted by this Cardholder Agreement or of your negligence, fraud or wilful misconduct.

 

BigPay reserves the right, at its own cost, to assume control of any defence or any other matter otherwise subject to indemnification by you, in which event you shall cooperate fully with BigPay in asserting such available defences as elected by BigPay in its reasonable discretion.

 

Service and/or Notification

 

You hereby agree that for service of any legal document, notification or statement hereunder or if any action is begun in the courts in Thailand in respect of this Agreement, the legal process and other documents may be served by posting the documents to you (via ordinary post) at your last known address in our records and such service shall on the 5th day after posting, and shall be deemed to be good and sufficient service of such process or documents. Any notice or other document to be given under this Agreement and all other communications by you to us with respect to any legal process shall be in writing and may be given or sent by hand, or registered post to us at the address set out below:–

 

By Mail or Hand To:

Legal & Compliance Department

BigPay (Thailand) Ltd

Issues or complaints with respect to the Card

You may also contact us by sending us an in-app message in the Mobile App for any queries or issues you may have regarding the Card or to lodge any complaints with respect to the Card or you may contact our customer service team via the contact details stated in the Mobile App

 

 

 

Security

 

BigPay treats the security of your Account with utmost priority and to this end, we use a variety of security measures to make sure that your Account is secure. However, it is your responsibility to ensure that your Account is kept safe from unauthorized access and attempts to use it for fraudulent purposes at all times. You must ensure that you do not share access of your Account with any person other than yourself and keep your login details safe. It is your responsibility to keep your Account secure and be responsible for Transactions carried out using your Account. You should never conduct any Transactions on behalf of any third parties or allow any other individual to conduct a Transaction on your behalf. You should never use the Mobile App or submit any Transactions on a ‘jailbroken’, ‘rooted’ or otherwise modified device. In addition, you must only download or use the Mobile App on mobile devices installed with the latest and most secured operating system(s) available for the mobile device. If you find or suspect any unauthorized use of your Account or any other security breach, you must notify us immediately using any of the contact methods provided above so that we can take all the necessary steps to prevent further unauthorized use.

 

Where you have notified us, or we reasonably believe that your Account has been compromised, we may stop, block or suspend your access to and use of your Account and/or the Card. We also have the right to disable or change any user name or password (if possible), whether chosen by you or provided by us to ensure the security of the Account, in our sole discretion. Note that any act or omission of BigPay in relation to any steps to be taken as set out above does not make BigPay liable to you for any loss or damage arising from the result of your failure to keep your Account secure and notifying us of the same.

 

If you believe that a Transaction was made without your authorization, you must contact us immediately. We will conduct an investigation and may provide refunds of unauthorized Transactions unless:

              you have acted fraudulently;

              you have intentionally or negligently compromised the security of your Account or failed to keep the details you use to access the Account secure; or

              otherwise due to termination by BigPay due to Events of Default or due to suspicious, fraudulent, unusual, irregular or unauthorized activity.

 

If our investigations result in any special circumstances deviating from the above and affect the outcome of your liability and/or eligibility for a refund, we will notify you. Note that we have no responsibility towards you for any loss caused by unauthorized access prior to you notifying us. A charge may also be applied for any refund request if the unauthorised use, loss, theft or misuse of the Account was caused by your error, carelessness or negligence.

 

In cases where we have reason to believe that you have acted fraudulently, we may decide not to allow any refund to you, investigate the circumstances further or even forward the matter to the law enforcement authorities, including Bank of Thailand . If an investigation (whether by us or the authorities) results in a finding of fraud by you, we may charge you for costs incurred by us in carrying out such investigation and further deduct these monies from your Account. If you think you have been or might be a victim of fraud, please contact us immediately.

 

We also regularly monitor the apps distribution platforms and will report fake mobile applications to the app distribution platforms for their further action to prevent such fake mobile applications from being made available for download by users. We also monitor sources identifying fake/phishing websites and will take the necessary action to report the same to the appropriate parties (overseeing or hosting these sites) for the same to be taken down in order to safeguard users from falling prey to scams or fraud sites guising as BigPay’s official website. In any event, users can validate the authenticity of the Mobile App through Apple’s App Store and Google’s Play Store, as the mobile application is signed by the Big Pay account. Notwithstanding, you must only download the Mobile App from either Apple’s App Store or Google’s Play Store. You must not download the Mobile App from any other app sites, websites or app forums as they will probably be fake or phishing sites which we do not authorize or approve to publish the BigPay App.

 

Please further read the Security Alert provided under the ‘Security & Legal’ page on the Mobile App for further awareness on online transaction risks.

 

 

 

 

Waiver

 

Our acceptance of any terms or payments or any waiver by us of our rights or any indulgence granted to you shall not operate to prevent us from enforcing any of our rights hereunder this Agreement nor shall such acceptance operate as consent to the modification of any of the terms of this Agreement in any respect nor shall such waiver of rights affect our other legal rights.

 

The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

 

Assignment

 

We shall be entitled at any time without your consent to assign the whole or any part of our rights or obligations under this Agreement with or without notice to you. This Agreement and/or Card shall not be assigned by you to any other third party without our written consent.

 

Successors Bound

 

This Agreement shall be binding upon and enure to the benefit of our respective successors in title and assigns provided that you may not assign your rights and obligations under this Agreement without our prior written consent.

 

Severability of Provisions

 

If any of the provisions of this Agreement becomes or is determined to be invalid, illegal or unenforceable in any respect under any law, rule or regulation, the remaining terms of this Agreement shall not be affected, and all other provisions of this Agreement will still be valid and enforceable.

 

Governing Law and Jurisdiction

 

This Agreement shall be governed construed in accordance with the laws of Thailand. You consent and agree to submit to the exclusive jurisdiction of the Courts of Thailand concerning all matters arising out of or in connection with your use of the Card under this Agreement.

 

Provision of Further Documents

 

You undertake to provide or execute such further documents as may be requested by us from time to time (if required). 

Notification of Change in Personal Details

 

You should always ensure that you provide us with your most updated and current personal particulars and information, including your mailing and correspondence/permanent address, contact number, electronic mail address and other required details in order to ensure that your records with us are kept up to date, complete and accurate. If any information supplied by you changes during the course of your Card Account with us, you should notify us immediately to enable us to update your information in our records.

 

You shall promptly notify us in writing of any change in your mailing, permanent, correspondence or office address, electronic mail address or contact number. Failure to do so may result in either your BigPay Card, information regarding the Card or your PIN being sent to the wrong person or wrong address, or your transactions being declined at point-of-sale (POS). If this happens, we shall not be responsible or held liable for any resulting unauthorized use or misuse of value on your Card.

 

Any notice given by us shall be deemed given to you if sent by electronic or postal mail to the last known mailing/correspondence address of you, the Cardholder as shown on our records. BigPay shall NOT accept any notification of addresses (business, office, residential or correspondence address) bearing a Post Box (“P.O. Box’) number.

 

Features and Benefits Renewable

 

In line with our commitment to upgrade the Card’s services and benefits we may review and revise any of the features and benefits appearing in our Mobile App or Website or listed in any brochures or communication materials printed by us from time to time.

 

Use of the Mobile App - Terms of Use

 

In addition to the foregoing terms and conditions, when you use our Mobile App or Website, the Terms of Use governing the Mobile App and the Website (if any) shall apply in addition to and not in substitution for any terms and conditions contained in this Agreement.

 

Language

 

In the event of any inconsistencies between this Agreement and its translation in any other language, the English language version of this Agreement shall supersede and prevail over any other language.

 

****

Product Disclosure Sheet


Product Disclosure Sheet


PRODUCT DISCLOSURE SHEET

PLEASE READ THIS PRODUCT DISCLOSURE SHEET (“PDS”) BEFORE YOU DECIDE TO SUBSCRIBE FOR THE BIGPAY PREPAID PRODUCT ISSUED BY BIG PAY THAILAND LIMITED (“BIGPAY”). YOU MUST READ THE TERMS AND CONDITIONS (“CARDHOLDER AGREEMENT”) WHICH SHALL BE BINDING ON YOU.

Big Pay Thailand Limited

BigPay Card (plastic and virtual)

1st December 2023

 

1. What is this product about?

The BigPay prepaid product is an electronic money (“e-money”) designated payment instrument in the form of a plastic Visa card and/or virtual Visa card (collectively, “Card”) that you, the Cardholder, can top-up with funds. The BigPay prepaid product comes together with a companion mobile application (“BigPay App”) which allows you to monitor all your transactions, track your spending, top up and manage your account (including blocking your card/account), allows you to check the balance and send funds to other BigPay users.

2. What are the features?

• Wallet limit: THB100,000* (“Wallet Limit”) as approved by us

• Accepted by millions of Visa merchants worldwide -- point of sale (POS) (plastic card) and e-commerce (plastic card and virtual card)

• Cash withdrawal at international Visa accepted ATMs (plastic card only)

• Exclusive access to AirAsia flight sales

• Fund exposure is limited to the amount of funds that have been topped up 

* you must provide your documents and follow the onboarding process via the BigPay App (including but not limited to, personal identification documents and any other documents that we may request from time to time). You may top-up your Card to the maximum Wallet Limit of THB 100,000 but you cannot carry out or conduct transactions (including retail, e-commerce, cash withdrawals, P2P and so on) in excess of THB 50,000 per month at this juncture. You can only transact up to a maximum limit of THB 50,000 subject to certain restrictions, thresholds and/or limits imposed in respect of certain type of transactions.

 

3. What are the fees and charges I have to pay?

 

FEES & OTHER CHARGES*

 Big Pay Fees and Charges Table

 

Member and Cards

 

Joining Fee: Fee for the account sign up with BigPay: 0 THB

Annual Fee (Physical Card): Fee for the maintenance of the account: 0 THB

Annual Fee (Virtual): Fee for the maintenance of the account: 0 THB

Card Cancellation Fee: Fee when user wants to cancel the card: 0 THB

Virtual Card Issuance Fee: Fee to apply for the virtual card: 0 THB

Physical Card Issuance Fee: Fee to apply for the physical card: 150 THB / Card

Physical Card Replacement: Card replacement fee** is referred to a fee when the card is lost / damaged and user wants to replace a new one: 150 THB / Card

 

Transactions

 

Top Up Fee: Fee per time when user top up to BigPay wallet: 0 THB (Free until further notice)

ATM Withdrawal Fee (International): Fee when user withdraws money at ATM overseas: 100 THB / Transaction

Currency Conversion Fee (Rate): Operating expense for currency conversion: 1% applied to foreign exchange when paying in foreign currencies

Cross Border Transaction Fee: Applied to cross border transaction when the purchase is through merchant acquired outside of Thailand but charged in Thai Baht: 0 THB (Free until further notice)

BigPay to BigPay Transfer Fee: BigPay user transfers to another BigPay user (peer to peer): None

Note:

*All Fees and Charges are 7% VAT included

​**(Only applicable for Card replacement request made by Cardmember. Not applicable if due to defect of Chip or Card)

4. What are the key terms of this product/ What are my obligations**?

To apply, you must download and apply via the BigPay App (available on Apple iOS and Android) • You must be a Thai citizen, permanent resident or a foreigner legitimately residing or gainfully employed (pursuant to a working visa in Thailand) and with a valid mailing address in Thailand. You should be 18 years of age and above

• No income document is required to apply but you must provide personal identification documents and any other documents and/or information that may be required by BigPay from time to time

• Upon approval, you will be issued with a virtual card. You will not be able to perform in person point of sale (POS) transactions and cash withdrawals with the virtual card

●     If you wish to obtain a BigPay plastic card for additional transactions (i.e. in person point of sale (POS) and cash withdrawals), you must apply for the plastic card and pay the requisite fee. You will not receive a plastic card unless you have applied for one (and paid the fee) and thereafter your BigPay plastic card will be delivered to you

●     You can start to spend for e-commerce transactions once you receive the virtual card. Once you receive the BigPay plastic card (if you have opted and requested for it), you can use the plastic card for all types of transactions i.e. in person point of sale (POS) transactions, e-commerce transactions, cash withdrawal and others

●     Irrespective whether you are issued with the virtual card or plastic card, you will have the same Card Limit and one BigPay card account only. Your virtual card and plastic card are tied to one and the same BigPay card account under your name

●     You must protect your Personal Identification Number (PIN), OTP or passcode and must not disclose the same to third parties

• You must ensure your card account has sufficient funds (i.e. available balance) before conducting any transactions

• Your top-up and card usage in respect of the Wallet Limit is subject to the conditions of the use of the THB 100,000 and THB 50,000 limits respectively and as stated in the Terms and Conditions (Cardholder Agreement). You cannot top-up your card in excess of the maximum Wallet Limit

• You must not use your card to purchase illegal goods or services or use it for any unlawful and/or fraudulent activities

●     You must only use your card strictly in accordance with the Terms and Conditions (Cardholder Agreement)

●     We reserve the right to charge fees that may be applicable to your card account which may have been in dormant status for a lengthy period of time

• Your card is non-transferable and can only be used by you as the Cardholder

• If you fail to comply with any of the Terms and Conditions (Cardholder Agreement), we shall be entitled to block, suspend, revoke and/or terminate your card and card account

• We may also, at our sole and absolute discretion, limit, block, suspend, revoke or terminate (without refunding any balance) your card or your use of the card if we detect any unusual, irregular, suspicious, fraudulent, or unauthorized activity or transactions on your card and/or card account; or if we suspect misuse of your card and/or card account

**Important: Please read the product Terms and Conditions (Cardholder Agreement) for the full terms and conditions governing the use of the Card including your obligations before you apply for the Card

5. What are the major risks?

If your plastic Card is lost or stolen or you suspect that you have been the victim of unauthorized transactions, you must block your Card immediately by either:

• Logging into the BigPay App and selecting the “freeze” function; or

• Calling us at 1800012323 (local) or +661800012323 (overseas)
You may also block your virtual card via the method above.

 

6. Who is liable for unauthorized transactions due to loss or theft?

You shall be liable for such unauthorized transactions until we receive written notification of the same. Do note that we will not be responsible or liable for any such transactions occurring 5 minutes prior to your report to us.

7. Where can I get further information on the Card?

If you have any queries, please contact us via the “Help” section of the BigPay App or our Customer Care Team at 1800012323 (Thailand) or +661800012323 (overseas) between 9am and 6pm, Mondays to Fridays.

 

The information provided in this PDS is valid as at 1st December 2023

Privacy Policy


BIGPAY (THAILAND) LTD

PRIVACY POLICY

Date of Announcement [1st December 2023]

1. GENERAL

1.1 This Privacy Policy (“Privacy Policy”) is issued by BigPay (Thailand) Ltd (“BigPay”) with respect to the provision of financial services including the issuance of the prepaid products and/or provision of services by BigPay (collectively referred to as “we”, “our” and “us”).

1.2 This Privacy Policy describes how and when we collect your personal information, what that information may be used for, who uses it, when it may be disclosed to other parties, how you can access your details, exercise your rights, and seek correction of your details, the control of your own personal information and how you can contact us.

1.3 By using our mobile application (“Mobile App”), visiting our website at www.bigpayme.com, applying for, registering and/or subscribing for any of our services and/or products, you are deemed to have read and agreed to be bound by this Privacy Policy.

1.4 You accept this Privacy Policy when you sign up for, access, or use our products, services, content, features, technologies or functions offered on our website and all related sites, applications, and services (collectively “BigPay Services”). This Privacy Policy is intended to govern the use of BigPay Services by our users (including, without limitation those who use the BigPay Services in the course of their trade or business) unless otherwise agreed through contract.

2. NOTICE

2.1 This Privacy Policy serves as a notice pursuant to the Thai Personal Data Protection Act B.E. 2562 (2019).

2.2 We may modify, vary or update this Privacy Policy from time to time to reflect any changes to our privacy practices. We will notify you of these changes to our Privacy Policy on our mobile application

(“Mobile App”) or posting a revised version on our website (“Website”). In any case, an updated version of this Privacy Policy is always available on Mobile App or our Website at all times. Please check our Mobile App or Website regularly for updates to our Privacy Policy. The revised version will be effective as of the published effective date.

3. INFORMATION COLLECTION AND USE

3.1 We may collect and hold personal information/data (“Personal Information”) about you or someone else whom you have provided us with information of (“Third Party”), that is, information that can identify you or such Third Party, including without limitation full name, date of birth, gender, nationality, postal and email address, mobile number, other contact details, identification details (including but not limited to national identification number or passport), payment details, financial details (including source of funds) and other information relevant to us providing you with the services you and/or the Third Party are, or someone else you know is, seeking, which we receive from you through our Mobile App, Website, customer service center, social media sites, walk-in or distribution channels and other distribution channels. You represent and warrant that you have provided the Privacy Policy to and obtained the consent of such Third Party or are otherwise entitled by other exceptions to consent to provide us with their Personal Information and to view or change their information. You agree to indemnify us in the event we suffer any loss or damage as a result of your failure to comply with the same.

3.2 We  may be required to collect sensitive personal data from you, Sensitive personal data collected by us  includes biometric data (such as facial, fingerprint and iris recognition to authenticate and identify your identity, to apply for and/or access the Application. We  shall collect, use and / or disclose the sensitive personal data provided that wehave been given explicit consent from you or as required and permitted by law. This shall be undertaken on a case-by-case basis when we are required to collect sensitive personal data from you.

Nevertheless, we may transfer your personal data to third-party service providers during the course of capturing, signal processing, data storage, and comparison, with the intention of conducting an identity assessment and converting your Personal Data into Biometric Data for the explicit purpose of verification and authentication, as detailed earlier in this context.

3.3 It is  necessary to use your personal data for identification, verification, or due diligence, or know your customer (KYC) according to Anti-Money Laundering Office’s Policy (AMLO).

3.4 If your Personal Information is incorrect or outdated, please inform us  in order that we can ensure that the Personal Information you provide us is accurate, complete and not misleading and that such Personal Information is kept up to date.

3.5 We may collect Personal Information in one or more of the following circumstances or for one or more of the following purposes (collectively referred to as “Purposes”) and you hereby consent to the processing by us of your Personal Information in accordance with the Purposes as set forth below:

 

Purposes/Activities; Lawful Basis for Processing

 

1. To provide you with BigPay Services which you have subscribed for, for the performance of our contract with you, and to notify you about important changes or developments to the features; Consent Basis

 

2. To facilitate your registration and/or application for the BigPay virtual and/or physical card; Contract Basis, Legitimate Interest basis

3. To enable the sharing, transfer, retrieval, updating and processing of your Personal Information and data as well as creation of member profile and user accounts between our related corporations, affiliates, parent, sister companies (including but not limited to, Capital A Berhad and its respective group companies, related corporations, sister companies, affiliates, subsidiaries, associates, where applicable) to enable you to receive and enjoy the services, benefits and privileges related to the BigPay product; Consent Basis

4. To enable the sharing, disclosure, transfer, retrieval, updating and/or processing of Personal Information with our contractors, vendors, service providers, partner networks, licensees, advisors, merchants and/or strategic partners in order to provide you the products and/or services and benefits and privileges in relation thereto; Consent Basis

5. To enable the processing of your Personal Information to administer and enable the continuous operation of your BigPay  account  (including the card and e-wallet) and the provision of the services, features, functionalities and/or privileges in relation to the BigPay card to you; Consent Basis

6. To send you information on products and services, and special promotional offers, newsletters or customer survey forms and questionnaires; Consent Basis

7. To provide you with information on any programs (e.g. loyalty programs where applicable) or transactions you have undertaken; Consent Basis

8. To process your payment transactions and for other operational and administrative purposes, including without limitation, sending you notifications, and managing your account, Contract Basis, Legitimate Interest

 

9. Updating and managing the accuracy of our records; prevention, detection or prosecution of crime, and complying with legal and regulatory obligations; Legitimate Interest

10. Assessment and analysis behavior scoring, market, product and trend analysis and market research (if any); Consent Basis

11. To conduct internal activities, administrative, operational, marketing, planning, product, technology or service development, troubleshooting and/or research requirements;     Legitimate Interest

12. To administer your participation in contests or campaigns that we may run from time to time; Consent Basis

13. To provide you with information on products and services of BigPay and our related corporations, affiliates, subsidiaries and associates where applicable; Consent Basis

14. To provide you with information on products and services of our business partners where applicable; Consent Basis

 

15. Cross selling, marketing and promotions including administering offers and competitions; Consent Basis

16. Communications and ensuring customer satisfaction, which may include conducting surveys to improve the quality of our products and services, responding to inquiries and complaints and to generally resolve disputes or to enforce our terms and conditions, including the terms and conditions relating to the products and/or services; Legitimate Interest

17. maintaining your account history for present and future reference (as and where required); Contract Basis, Legitimate Interest

18. Enabling an actual or proposed assignee of BigPay, or participant or subparticipant of BigPay to evaluate your information, account, transactions which are intended to be the subject of the assignment, participation or subparticipation (if any); Consent Basis

19. Protecting BigPay’s and/or others’ legitimate interests and for other ancillary or related purposes, where such interests do not override your fundamental rights of Personal Information; Legitimate Interest

 

20. BigPay will execute in good faith to disclose your Personal Information in order to prevent or suppress dangers to a person’s life, body, or health, in case you are unable to give a consent for disclosing the information at that time and there is no other ways to prevent or restrain such dangers. Vital Interest basis

 

21. For our performance of duties in carrying out mission for public interest or for the exercising of official authority vested in us; Legitimate Interest

 

22. BigPay will use your Biometric Information to authenticate and identify your identity (if applicable) by using [], which requires your biometric data, in order for you to apply for and/or access the Application. Consent Basis

 

23. For complying with laws, rules, or regulations of regulatory agencies regarding business operations, including but not limited to tax laws, labor protection laws, Anti-Money Laundering Office (AMLO). computer-related offence laws, and personal information protection laws, or orders from government agencies, as well as complying with judicial administration, law enforcement, the Company’s legal rights exercising, or for necessary cases in inspecting acts of infringement to laws, rules, regulations, or orders from governmental or regulatory agencies. Legal Obligation

 

24. Handling complaints, disputes and litigation, To investigate and deal with complaints, disputes and litigation, including to establish legal claims. Compliance with or exercising legal claims or raising up to fight Various litigation as well as actions to enforce the lawsuits of the Company.   Legitimate Interest it is necessary for the establishment, compliance, exercise or defense of legal claims (In case of the Sensitive Data)

 

25. For identification, verification, or due diligence, or Know your customer (KYC) according to Anti-Money Laundering Office’s Policy (AMLO). Consent Basis

3.6 At any time you may opt-out of receiving marketing communications from us by contacting us (As specified under clause 7. (EXERCISE OF RIGHTS AND CONTACT) below) and we will ensure that your name is removed from our mailing list.

3.7 We use general, aggregated information to generate statistics and measure site activity to improve the usefulness of customer visits. Such information does not include Personal Information.

3.8 Please take note that if required for the foregoing Purposes, your Personal Information may be disclosed and/or transferred to locations within or outside Thailand to:

a)            our related corporations, parent, affiliates, subsidiaries, associates, sister companies, contractors, vendors, service providers, licensees, advisors, merchants, strategic partners, third party contractors, whether located within or outside Thailand for the Purposes;

b)            payment network operators (including Visa or Mastercard), governmental agencies, regulatory authorities (including Bank of Thailand), enforcement agencies, whether located within or outside Thailand for the Purposes;

c)            where our servers, database(s) and/or system facilities are located and/or operated, which may be outside your country of domicile or the location where you access our Mobile App or Website to provide Personal Information, and which may include, among others, Malaysia, Singapore, India, the United States, the United Kingdom and the European Union for the

Purposes; and/or

d)            other third parties other third parties with whom we have commercial relationships, for marketing, advertising and related purposes, unless you have indicated that you do not wish for us to disclose to such third parties for marketing and advertising purposes, and as required or authorised under applicable law or provided in co-operation with any governmental authority.

3.9         Subject to clause 3.8 above, some of the recipients we may share your Personal Data with may be located outside Thailand. The destination countries may or may not have the same equivalent level of protection for Personal Data protection standards. In such case, we ensure appropriate safeguards in place, and oblige the recipients to protect your Personal Data in accordance with this Privacy Policy and as allowed by applicable laws using appropriate security measures. We will request your consent where consent to cross-border transfer is required by law.

3.10       Please note that it is necessary for BigPay to process your Personal Information for the Purposes, and without which BigPay will not be able to provide the BigPay card or any product and/or service that you have requested from BigPay or to perform and/or carry out any of the abovementioned Purposes. If you fail or decline to provide us with Personal Information stated in paragraph 3.1 above, we may not be able to perform and/or carry out any of the Purposes and may need to terminate any product and/or service provided to you.

3.11       In some circumstances, you may have provided personal and financial information relating to others (e.g. joint-applicant, spouse, related parties and/or emergency contact persons) for the Purpose. In such cases, you represent and warrant that you had provided the Privacy Policy to and obtained their consent or are otherwise entitled by other exceptions to consent to provide their information to BigPay.

3.12       We may offer you the ability to connect with BigPay Services using a mobile device, either through a mobile application or via a website. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices. When you download or use our mobile applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location services in the device's setting's menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.

3.13       In the future, there may be some activities where BigPay will additionally ask for your sensitive data. BigPay will proceed in accordance with Thai Personal Data Protection Act B.E. 2562 (2019).in collecting, using and disclosing that Personal Data further. Except for exceptions under the law on Thai Personal Data Protection Act B.E. 2562 (2019) or other laws

4 MARKETING AND PROMOTIONAL COMMUNICATIONS

4.1 We may use the Personal Information provided to send you information on products and services, and special or promotional offers, newsletters or customer survey forms and questionnaires unless you have indicated that you do not wish to receive such materials.

4.2 You may opt out of receiving marketing and promotional communications from us at any time by clicking on the unsubscribe option in the Mobile App Settings or contact us with your request (As specified under clause 7. (EXERCISE OF RIGHTS AND CONTACT) below)

5. SECURITY OF YOUR PERSONAL INFORMATION

5.1 We will take reasonable steps to protect any Personal Information we receive from you via our Mobile App or Website from misuse and loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form or retain third parties to hold that information on our behalf. Where required by applicable laws, Personal Information will be destroyed or de-identified when no longer needed.

5.2 We have implemented access control measures which are secured and suitable for our collection, use and disclosure of Personal Data. We restrict access to Personal Data as well as storage and processing equipment by imposing access rights or permission, user access management to permit access to authorized personnel, and user responsibilities to prevent unauthorized access, disclosure, perception or unlawful duplication of Personal Data, or theft of device used to store and process Personal Data. This includes methods enabling the re-examination in relation to access, alteration, erasure, or transfer of Personal Data which are in accordance with methods and channels to collect, use or disclose Personal Data.

5.3 However as the Website and Mobile App is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us and you do so at your own risk.

6. LINKS TO OTHER APPLICATIONS AND WEBSITES

6.1 Our Mobile App and Website may contain links to websites or applications operated by third parties (“Third Party Applications or Websites”). We are not responsible for the privacy practices or the content of Third Party Applications or Websites. Third Party Applications and Websites are responsible for informing you about their own privacy practices.

7. INFORMATION FOR WHICH STORAGE IS NOT DESIRED

1.            In general, BigPay  does not have any intention to collect, use or disclose the following personal information, namely (1) religion, (2) blood type as presented in the copy of your ID card, passport or/and work permit for any specific purpose. If you have provided the Company with a copy of your ID card/passport, we kindly request that you undertake the concealment of such specified information prior to submitting it to the Company.

2.            Notwithstanding ID card, passport or/and work permit provided by you shall be considered as valid and enforceable in all aspects.

8. YOUR RIGHTS

Subject to applicable laws and relevant conditions/exceptions, you may have the following rights regarding your Personal Information:

8.1 Right to access. You may request access to any Personal Information we hold about you at any time by contacting us (see the CONTACT US section below). Where we hold information that you are entitled to access, we will endeavour to provide you with suitable means of accessing it (e.g. by emailing or mailing it to you).

8.2 Right to correction. If you believe that Personal Information we hold about you is incorrect, misleading, incomplete or inaccurate, then you may request to amend it. We will consider if the information requires amendment.

8.3 Right to restriction. You may also, at any time hereafter, request, in writing, to limit the processing of your Personal Information.

8.4 Right to deletion. You have the right to request that we delete or de-identify your Personal Information to the extent applicable under applicable laws, except for the case that we may need to collect your Personal Information for the Purpose or for reasons such as the collection is for establishing claims, performing with or exercising legal claims, defencing legal claims or complying with the laws.

8.5 Right to data portability. You may obtain your Personal Information provided to us if we have rendered such Personal Information in a form that can be generally read or used by using automatic tools or devices.

8.6 Right to object. You have the right to object to the collection, use or disclosure of your Personal Information on certain grounds as permitted by applicable laws.

8.7 Right to consent withdrawal. You have the right to withdraw your consent at any time; except in case

of restrictions on consent withdrawal under the law or agreement which is beneficial to you.

8.8 Right to complaints. You have the right to complain to relevant authority against BigPay in case of breach or non-compliance with the provisions under the applicable data protection law.

To  the  extent   not  limited  by  applicable  laws  (if  applicable),  we  may

(1) charge a fee for processing your request for exercising your right to the Personal Information; and (2) refuse to comply with your request and give you a reason for our refusal in accordance with applicable laws.

9. HOW LONG WE RETAIN YOUR PERSONAL INFORMATION

We will retain your Personal Information for the period of up to 5 years and/or for the period required by applicable laws/legal requirements. When we are no longer permitted by the applicable laws to store your Personal Information or no longer require to retain your Personal Information for fulfilment of the Purposes, we will remove it from our systems and records, and/or take necessary steps to anonymize your Personal Information so that you can no longer be identified.

10.          COOKIES

10.1       We may use cookies in our Website or Mobile App to:-

(1)          maintain your session and required details during the application, subscription, registration process and during transactions (session cookie);

(2)          collect online usage data for statistical/analytics purposes (analytics cookie); and

(3)          direct you to the correct landing page based on your geo-location (geo-targeting cookie).

10.2       We use cookies on our Website or Mobile App to ensure the integrity of the registration process and to personalize our Website or Mobile App. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you.

10.3       You may instruct your browser, by changing its setting, to stop accepting cookies or to prompt you before accepting a cookie from the websites that you visit. Our Website or Mobile App will not function properly if the cookie setting is disabled.

11.          Exercise Of Rights And Contact

If you have any questions about our Privacy Policy, would like to exercise your right under clause 7 if permitted by applicable laws, or any concerns or a complaint regarding the treatment of your privacy by us pursuant to the Thai Personal Data Protection Act B.E. 2562 2019, please contact us via registered mail or email (which must be sent from your email address that you registered with us) at:-

Personal Data Protection c/o Legal and Compliance Division BigPay

(Thailand) Ltd

127 Ratchadamri Road Lumpini,

Unit A, Level 25 & 26 Gaysorn Tower,

Pathumwan, Bangkok 10330, Thailand.

Email: pdpa.admin@bigpayme.com]

Notwithstanding, regarding the process of exercise of rights under clause 7. BigPay may need to verify your identity before proceeding with the request and shall manage its best effort based on the capability of the relevant system to facilitate and proceed with the request by you without delay and shall notify the result of consideration to you within 30 days from the date of receiving such request unless it appears that proceeding of such request can cause excessive burdens to BigPay or be at risk of violating against the protection of personal information of others, or the company has its right to refuse such request, or be contrary to the laws, or in case that it is practically impossible to proceed as requested.

12. Failures of Personal Information Providing

12.1 The personal data that BigPay processes data based on legal basis are (1) contract basis and (2) Legal Obligation which are specified in clause 3.5 are personal data necessary for us  to comply with contracts and relevant laws for data processing in accordance with the purposes for which the data was used. In the event that you refuse to provide personal data required for such purposes based on contract and/or performance of Legal Obligations. may result in us  being unable to perform the purpose of using the information provided to you or being unable to provide you with the BigPay Serviices.

12.2 In any case, if you decline  to provide your Personal Information or withdraw your consent for collecting, using, or disclosing the Personal Information, either in whole or in part, to BigPay, BigPay may be unable to contact, solve a complaint, answer your inquiry, or conduct in other processes for you, if such information is essential for us to provide you with the BigPay Services  

13.          MISCELLANEOUS

In the event of any inconsistency between the English version and other language versions of this Privacy Policy, the terms of this English version shall prevail.

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