Terms & Conditions

CHAPTER 1: GENERAL PROVISIONS

The regulation defines the rules for using the “MeestPay” money transfer service.

1. The MeestPay service consists in providing, using the Mobile Application or the Website www.meestpay.com, a technical opportunity for the Cardholder to submit an order to debit funds from his account, followed by crediting the amount to the Recipient’s Payment Card account, ensuring the fulfillment of the Transfer Service “from card to card” by the Service Partner.

2. The transaction is possible using payment cards approved by the regulatory legal acts of Visa or MasterCard to carry out the Transaction without the physical presence of an electronic means of payment (payment card).

3. MeestPay service is performed by the Operator – Meest Transfer Sp. z o.o., located at: ul. Kilińskiego 30/110, 27-400 Ostrowiec Świętokrzyski, entered in the Register of Enterprises under the number KRS 0000326242, NIP PL 9562248359.

4. The card-to-card transfer service is performed by the Partner – Fenige Sp. z o.o., located at: ul. Promienna 10, 03-672 Warszawa, registered in the District Court of the Capital of Warsaw, KRS 0000461471, NIP 118-209-20-36, REGON 146693435.

5. To avoid any legal doubts, the Operator certifies that it does not provide payment services for which the relevant provisions provide for the obligation to enter into the register, including the register maintained by the Polish Financial Supervisory Authority. All Transactions are performed by the Partner.

6. The terms used in the Regulations have the following meanings:

• AUTHORIZATION– checking the Payment Card and its owner and receiving confirmation from the Payment Organization of the possibility of charging the Sender’s Payment Card and the possibility of accepting the Recipient’s Payment Card.
• ISSUING BANK– the issuer of the Sender’s or Recipient’s Payment Card.
• PAYMENT CARD– a payment card issued by Visa or MasterCard systems, which allow, according to the regulatory legal acts of these systems, the execution of the Transaction without the physical presence of an electronic means of payment.
• SENDER –an adult private person, legal entity or organizational unit without the status of a legal entity that has a Payment Card issued by the Issuing Bank, is a registered user of the Service, and in accordance with the Terms and Conditions concludes an agreement with the Operator.
• ACCOUNT – information about the user, which contains the data necessary to identify the person when connecting to the system, information for authorizing transactions and their accounting. Access to the Account is provided by logging in to the individual administration panel using the Mobile application “MeestPay” or the website of the service app.meestpay.com
• TRANSACTION LIMITS– daily and monthly limits on Transactions made from the Card and/or the User’s Account.
• RECIPIENT– private person, legal entity or organizational unit without the status of a legal entity, the owner of the Payment Card and the recipient of the Service.
• SERVICE OPERATOR– Meest Transfer Sp. z o.o. with location in Ostrovets-Sventokshysky.
• PARTNER –Fenige Sp. z o.o. with location in Warsaw.
• CARDHOLDER– an adult private person who has a card issued by the Issuing Bank.
• WEBSITE – website of the meestpay.com through which the User applies for the Transaction.
• MOBILE APPLICATION– «MeestPay» software designed to work on smartphones and other mobile devices. The mobile application for installation on a mobile device is downloaded from online stores of mobile applications, such as the App Store, Google Play.
• TRANSACTION– payment of funds from the Sender’s Payment Card to the Recipient’s Payment Card in the amount determined by the User after a positive Authorization that does not exceed the Transaction Limits.
• SERVICE– provided by the Operator, and consists in managing the User’s Account using the Website or Mobile Application and accepting the payment details provided by the User necessary for the Partner to perform the Transfer service “from card to card”.
• TRANSFER SERVICE “FROM CARD TO CARD” – provided by the Partner to the Sender, which consists in debiting funds from the Sender’s Payment Card account at his request and crediting funds to the Recipient’s Payment Card account, which is not a payment service within the meaning of the Law on Payment Services of August 19, 2011 (Legislative Journal for 2016, Article 1572 as amended).
• USER– an adult private person who has correctly created and activated his Account in the MeestPay system.

CHAPTER 2: CONCLUSION OF AN AGREEMENT ON THE PROVISION OF ONLINE SERVICES

1. The conclusion of an agreement on the provision of services related to the viewing of the content of the Website is carried out by opening the desired page of the Website in the web browser, while registration of the User is not required.

2. The conclusion of an agreement on the provision of services related to the creation and maintenance of the User’s Account is carried out by filling out the registration form posted on the Website or in the Mobile Application.

3. The parties have the right to terminate the concluded perpetual agreement, including the User has the right to withdraw from the contract on the terms specified in this document.

4. All fields in the registration form are required. To speed up the process of filling out the form, the fields for obtaining the User’s consent can be automatically filled out by the Operator. The user can edit the contents of all fields and withdraw consent.

5. In the registration form, the User submits only those personal data that are necessary for the Operator – to create an Account and fulfill the terms of the contract for the provision of online services and to the Partner – for executing transfers “from card to card”.

6. After filling out and sending the registration form, the Operator, to the e-mail address specified by the User, sends a confirmation of the creation of the Account.

7. The conclusion of an agreement on the provision of online services is equal to the submission of the following consents:

a) I have read the Terms and Conditions and Privacy Policy. I understand and accept them;

b) I begin to use the operator’s services voluntarily;

c) I meet the conditions to use the Service according to Terms & Conditions;

d) the data provided in the registration application are true and do not violate the rights of third parties;

e) I agree to conclude an online agreement;

f) I consent to the collection and processing of my personal data by the Operator to the extent necessary for the provision of online services, in the conditions specified in this document;

e) I agree to receive notifications and information about changes or technical interruptions in the work of the Website or Mobile Application to the e-mail address and mobile phone number specified in the registration form.

8. The Operator may refuse to conclude a contract or terminate the concluded contract for the provision of online services in the following cases:

a) if the purpose of registration or the method of using the services does not comply with the rules of the service;

b) if the User’s activity is aimed at committing a crime, as well as if it violates the rights of third parties;

c) if the Operator has received a notification about the illegal nature of the data provided or the User’s related activities;

d) if the User sends unsolicited commercial information;

e) if the User grossly or regularly violates the Terms and Conditions;

f) if the address data provided by the User raise objectively justified doubts about their correctness or truthfulness, in particular, the User provides non-existent cities, streets that are not in the city, data of fictional persons, etc.

9. The application for termination of the contract for the provision of online services is submitted by the Operator to the e-mail address specified by the User in the registration form.

CHAPTER 3: USER ACCOUNT REGISTRATION

A private person who is the Owner of a card issued in his/her name can register with the service.

1. The user registration process takes place only through the Website or Mobile Application.

2. During the registration of the Account, the User provides the data necessary to activate the Account. Activation of the account can be carried out only after the correct filling of the registration form by the User.

3. To activate the Account, the User must read and accept the Terms & Conditions of the Service. For the purposes of activating the account, the User must confirm that the data provided is correct and true.

4. In the process of activating the Account, the User reads and accepts the Operator’s Privacy Policy, in particular, reads the information of the Operator contained therein, as the controller of personal data provided when collecting personal data from the person. To create an Account, you must accept the Operator’s Privacy Policy.

5. The User may separately consent to the processing of his personal data for marketing purposes (including for direct marketing purposes) provided during the registration of the Account.

6. The User is obliged to update his personal data provided during the registration of the Account in case of their change.

7. The password for access to the User Account will be set during the registration process and can be changed using the appropriate option in the User Account.

8. After properly completing registration and activation of the Account, the User can make Transactions.

9. If the User has forgotten the password to access his Account, he/she can use the appropriate option on the Website or in the Mobile Application to go through the password recovery process.

10. The User may have only one Account. Creation of duplicate Accounts will lead to the blocking of the User and suspension of the use of the service.

11. The User may use several Payment Cards in the Account.

12. The User must not transfer the Account to third parties.

13. The User is obliged to keep the password of access to the Account in secret.

14. The Operator reserves the right to block the Account if it is found that the account security is at risk.

15. A detailed provision on the rules for processing personal data of cardholders, Users, and visitors to the Operator’s website can be found in the Operator’s Privacy Policy.

CHAPTER 4: TRANSACTION SECURITY

To ensure the highest level of security, transactions are carried out with the participation of the Partner.

1. The Operator does not have access to the data of the User’s Payment Cards, the data are securely stored by the Partner who has the relevant security certificates.

2. The Operator shall not be liable for any claims arising because of the User submitting incorrect or inaccurate data during the registration of the Account or the execution of the Transaction.

3. The User is obliged to properly protect the password from unauthorized persons, and immediately change it in case of danger or compromise.

CHAPTER 5: ORDERING PROCESS

1. The transaction is performed through the Website or Mobile Application, by the Cardholder, using the Account.

2. To authorize the Transaction, the Operator transfers to the Partner the data necessary for the authorization process.

3. The User agrees to transfer to the Partner the data entered on the Website or in the Mobile Application for their processing.

4. After receiving confirmation of the Transaction performed in accordance with the Card-to-Card Transfer Service, the Partner sends to the Payment Organization one notification of debiting funds from the Sender’s Payment Card account in the amount corresponding to the amount of the Transaction increased by the amount of the commission and the second notification of crediting to the Recipient’s Payment Card account the amount corresponding to the amount of the Transaction. Further, the payment organization sends the first message to the Sender’s Bank, and the second to the Recipient’s Bank. If the Sender’s Bank confirms the possibility of debiting funds, and the Recipient’s Bank confirms the possibility of crediting, the Service will be fulfilled. If the Sender’s Bank refuses to debit funds or the Recipient’s Bank refuses to credit the funds, the Service will be canceled and the funds will remain in the Sender’s account.

5. The Operator charges the Sender a commission calculated in accordance with the transaction amount. The amount of commission is indicated on the Website.

6. Transactions are carried out considering the established limits imposed by the Operator, the size of which is indicated on the Website and in the Mobile Application. If the amount exceeds the available limit, the transaction is not executed.

7. The transaction is processed no more than 30 minutes, in some cases, the amount of the transfer can be credited to the Recipient’s card no later than the end of the next business day following the date of its order. The Recipient’s Bank, in accordance with its terms and conditions, independently decides on the time/date of display of the transaction on the Payment Card account.

8. To clarify the details of the Transaction, the Operator may temporarily suspend the provision of the Service, reject the execution of the Transaction or block the possibility of using the Service by the Sender in the following cases:

a) non-fulfillment by the Sender of the provisions of these Terms and Conditions;

b) non-receiving from the Sender valid or complete data necessary for the execution of the Transaction;

c) submission of an invalid Payment Card of the Sender or Recipient;

d) refusal to perform the Transaction by the Sender’s or Recipient’s bank;

e) attempts to make payments in a manner that does not comply with applicable law, including suspicion of the actions of a person who is not authorized to use the payment card or the illegality of the payment itself;

f) order of the public authority, including law enforcement agencies.

9. The Operator shall not be liable for any losses caused to the Sender due to non-fulfillment of the Service, including the above-mentioned reasons.

10. The sender undertakes:

a) comply with these Terms and Conditions, as well as generally accepted provisions;

b) provide truthful, complete, and up-to-date data for using the Service;

11. Execution of the Transaction is irrevocable. The executed Transaction cannot be canceled at the request of the User.

CHAPTER 6: TRANSACTION LIMITS

1. Transaction limits are determined by the Operator. Transaction limits for the Payment Card / User Account are displayed after logging into the User Account.

CHAPTER 7: OPERATOR'S LIABILITY, CONSUMER PROTECTION, COMPLAINTS

1. The Operator shall not be liable for delays, returns or refusals to credit the Transaction to the Recipient, if such were not the fault of the Operator, and in particular, if incorrect data of the Recipient were provided.

2. The Operator shall not be liable for lost profits or indirect losses, including lost economic opportunities or loss of income because of delay in execution or non-fulfillment of the Transaction.

3. The Operator is responsible only for the execution of the Transaction.

4. The User may file all complaints using the appropriate option on the Website of the Service or through the Mobile Application by logging into the Account.

5. The User has the right to file a complaint regarding the implementation of the contract for the provision of online services, which is not a payment service for transferring money.

6. A consumer who has concluded an agreement with the Operator for the provision of online services may withdraw from the concluded agreement without explaining the reason and without incurring any costs by submitting the relevant application to the Operator in writing form.

7. If the User has successfully applied the application, the service agreement is considered terminated, and the Operator is obliged to immediately delete the User’s Account and the personal data provided by the User that were received for the conclusion of the agreement.

8. The User has no right to refuse the agreement for the provision of online services under the conditions described above, if the Operator performed the Transaction with the full consent of the User, who was notified before the start of using the Service that after the Operator performed the Transaction, the User loses the right to withdraw from the agreement and acts within its framework.

9. A User – a person who uses the Operator’s Service, with the exception of the Transfer Service “from card to card”, can receive free assistance in resolving a dispute between the User and the Operator using the free help of the (municipal) Ombudsman for Human Rights or a social organization whose statutory tasks include consumer protection.

10. A User – a person who uses the Operator’s Service, with the exception of the Transfer Service “from card to card”, may use out-of-court dispute resolution. An online platform for submitting complaints and claims related to the contract concluded with the Operator is available at: http://ec.europa.eu/consumers/odr/. Operator’s e-mail address: [email protected]

11. Detailed rules for consideration of the User’s complaints related to the provision of the Transfer Service “from card to card”, as well as information on the possibility of extrajudicial settlement of disputes related to the consideration of complaints set out in Annex No. 1, and are an integral part of these Terms & Conditions.

12. Regardless of the Rules, applications for consideration of complaints are accepted by the Operator from the User on the Website in the section “Complaints and Comments”, available on the main page of the Website or in the User’s Mobile Application.

CHAPTER 8: USER IDENTIFICATION, CONTROL AND PREVENTION OF VIOLATION OF THE LAW

1. The Operator reserves the right to refuse the User to register the Account, delete the User’s Account, as well as refuse to perform the Transaction to the registered User.

2. From the moment of submission of the order for initiation of the Transaction, until the execution of the order, the Operator has the right at any time to require from the User officially certified copies of the identity document, documents confirming the sources of funds or other documents for the transaction. Until the User provides copies of the documents, in accordance with the request, the Operator has the right to suspend the execution of the Transaction without the obligation to pay the User any related costs.

3. If the User does not provide copies of documents, in accordance with the request, the Operator has the right to cancel the execution of the Transaction, without the obligation to pay the User any related costs.

CHAPTER 9. PROCESSING OF PERSONAL DATA

1. The Operator of the Service is also the Administrator of personal data.

2. The provision of personal data to the extent specified by the Operator is a prerequisite for the conclusion and execution of the agreement in accordance with the Terms and Conditions.

3. Personal data shall be processed in accordance with the provisions on the protection of personal data in force in the Republic of Poland, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data, and on the abolition of Directive 95/46/EC (General Data Protection Regulation – “GDPR”). (Bulletin of EU laws No. 2016, No. 119, p.

a) for the purpose of fulfilling the Terms and Conditions – processing of personal data for the performance of the contract in accordance with these Terms and Conditions;

b) for analytical and statistical purposes – based on the legitimate interests of the Operator, which is an analysis of the Company’s performance;

c) for the purpose of marketing the Operator’s own products and services – on the basis of the operator’s legitimate interest, which is direct marketing of the Operator’s own products and services;

d) for marketing purposes (different from those specified in paragraph “c”, above) or targeting commercial information – on the basis of the User’s consent;

e) in order to establish, investigate or defend against claims and fulfill legal obligations imposed on the Operator, based on the legitimate interest of the Operator, which is the exercise of the above rights and the performance of legal obligations.

4. The Operator has the right to provide information on the transactions performed to the relevant state and regulatory authorities if there is a suspicion of violation of the current legislation, as well as if such an obligation arises from the provisions of the legislation, including theLaw dated November 16, 2000 on combating money laundering and terrorist financing (Legislative Journal 2017, Article 1049).

5. Personal data may be available to entities involved in the processing of Transactions within the Service, such as: payment organizations, Partner, Sender Bank and Recipient Bank, as well as IT service providers, telecommunication service providers and customer service providers for the proper performance of the Service, as well as marketing agencies for implementing marketing services and sending commercial information.

6. Every person whose personal data are processed by the Operator has the right to access their data, the right to correct them, demand restrictions on processing, transfer, deletion, object to their further processing. The Operator processes personal data after giving consent to the processing of data and until the moment of their withdrawal, which the User can do at any time by writing a request to the e-mail address: [email protected]. By exercising the right to restrict the processing of personal data, it also means the termination of the use of the Service by the User, due to the impossibility of its further provision by the Operator.

7. Personal data are processed during the period of availability of the User’s Account and the period necessary for the provision of the Service. In addition, personal data are processed to the extent necessary for accounting and tax purposes, as well as to prevent money laundering and terrorist financing during the period arising from the current legislation, and to the extent necessary to establish, investigate or defend against claims for the period of limitation under the Rules and Conditions and at the time of consideration of the case.

8. Any person whose personal data are processed by the Operator has the right to file a complaint regarding the processing of its data by the Operator to the controlling body engaged in the protection of personal data.

CHAPTER 10. FINAL POSITIONS

1. Users may use the information of the Website and available data only within the rules defined by the Copyright and Related Rights Act and the Database Protection Act, in which such use cannot be applied against the legitimate interests of the Operator and entities whose information or databases – in cooperation with the Operator – are available on the Website or in the Mobile Application.

2. The data and information posted on the pages of the Website are exclusively informational in nature and come from sources that the Operator considers reliable and verified. Due to the possibility of errors or omissions caused by circumstances beyond the control of the Operator, the Company is not responsible for the timeliness, accuracy, and completeness of the information provided on the Website or in the Mobile Application by third parties, as well as for its suitability for specific actions of the User.

3. The court authorized to consider disputes between the parties arising in accordance with the Terms and Conditions is a court of general jurisdiction considering civil cases. In cases where the User is not an individual – an authorized court for consideration of the case, a court is elected at the place of registration of the Operator.

4. Polish law applies to all contracts concluded in the manner and under the conditions specified in these Rules and Conditions.

5. The terms and conditions come into force on June 1, 2022.

6. The full and updated text of the Terms and Conditions and all previous versions of the Terms and Conditions are available on the main page of the Website in the “Terms and Conditions” tab.

7. The Operator informs that it may make changes to the Terms and Conditions, in particular in case of expansion of the functionality of the Website, Mobile Application, technological or technical reasons, or changes in legislation.

ANNEX 1 TO MEESTPAY TERMS AND CONDITIONS

§ 1. Rules for consideration of complaints of Users regarding the provision of the Transfer Service “from card to card”, including out-of-court dispute settlement.

In case of any comments on the provided money transfer service, the User has the right to file a complaint.

§ 2. Place and form of complaint

1. The complaint may be filed:

a) personally, on the Operator’s premises in writing or orally according to the protocol drawn up by the employee on duty;

b) orally by phone at the phone number indicated on the Website;

c) by written letter to the operator’s location: ul. Kilińskiego 30/110, 27-400 Ostrowiec Świętokrzyski;

d) by electronic means of communication: directly from the User Account, or by sending an email to the address: [email protected]

§  3. The content of the complaint and the procedure for consideration of the complaint

1. The content of the complaint should include:

a) name and surname of the client;

b) postal address;

c) e-mail address if the client asks for a response to the complaint in the form of an e-mail address other than the address specified when registering the Account with the Operator;

d) a detailed description of the complaint or the subject of the dispute;

e) the expected outcome of the complaint;

f) signature of the client if the complaint is submitted in writing form.

2. If the Operator believes that there is no information necessary to consider the complaint, the Operator asks the Client to supplement it in the form in which the client filed the complaint.

3. In case of refusal of the applicant to provide all the data necessary to start the process of consideration of the complaint, the Operator has the right to inform the applicant about the impossibility of considering the complaint due to the incompleteness of the information provided. Regardless of the foregoing, the client shall be informed of the terms of consideration of the complaint referred to in paragraph 4 below.

§ 4. The term of consideration of the complaint

1. The response to the complaint is provided no later than 15 working days in case of complaints regarding the rights and obligations provided for by the Law on Payment Services, or 30 calendar days in other cases from the date of receipt of the complaint to the Operator.

2. In particularly difficult cases requiring a more detailed analysis of the application, the period specified in paragraph 1 may be extended to 35 working days in case of complaints regarding the rights and obligations under the Law on Payment Services and up to 60 calendar days in other cases.

3. Especially difficult cases are the need for the Operator to receive additional information from third parties cooperating with the Operator necessary to consider the complaint, in particular information from the Partner or the Bank of the card issuer.

4. In case of impossibility to respond to the submitted complaint within the period specified in paragraph 1, the Operator shall notify the applicant in writing within 15 working days from the date of receipt of the complaint, indicating:

a) the reasons for the delay in the consideration of the complaint;

b) the circumstances to be established for the consideration of the complaint;

c) the expected deadline for responding to the complaint submitted, which may not exceed that specified in paragraph 2.

5. In order to comply with the deadline for responding to a complaint, it is enough to send a response before the deadline, and in case of a response in writing form, send, before the expiration of the deadline, a letter to the post office of the post operator specified in Art. 3 of paragraph 13 of the Postal Service Act of November 23, 2012.

6. In the absence of a response to the applicant’s complaint within the period specified in paragraph 1 or 2, such a complaint is considered positively considered and satisfied (fulfilled).

7. The rules described in paragraph 6 do not apply to complaints of clients – legal entities.

§  5. How to report a complaint

1. The response to the complaint is provided in writing and sent:

a) by registered letter to the address specified by the applicant in the complaint or by placing a file containing a response to the complaint in the User’s Account;

b) at the request of the applicant – by electronic means of communication (by adding a copy of the response) to the e-mail address from which the complaint was sent, unless the client indicates another e-mail address to respond to the complaint.

§ 6. The content of the response to the complaint

1. The response to the complaint will include at least:

a) factual and legal justification – if the complaint is not considered in accordance with the expectations of the applicant;

b) comprehensive information about the Operator’s position on the complaint;

c) the name, surname and position of the person responding to the complaint;

d) specifying the date by which the applicant’s issue will be resolved (in case of positive consideration of the complaint in accordance with the applicant’s expectations).

2. In case of rejection of the complaint, the answer will indicate information about the possibility of:

a) submission of a request for consideration of the case to the Financial Ombudsman;

b) filing a claim in a court of general jurisdiction (indicating the court and describing the subject to which the claim should be filed);

c) use the possibility of peaceful settlement of the dispute.

§ 7. Information on the possibility of extrajudicial resolution of disputes related to the payment service provided by the Operator

1. In case of a dispute between the Operator and the applicant – a legal entity, the latter may seek the assistance of the city or county ombudsman

2. If the applicant’s claims are rejected, the applicant may:

a) apply to the Financial Ombudsman to resolve the dispute;

b) file a claim in court;

c) to use the procedure for the peaceful resolution of disputes.

MEEST PAY – Instant Money Transfer Service!