Updated August 1 2021

Updated August 1 2021

General

1. The Website “www.upaycard.co.il” (hereinafter - the Website) is operated by ICP Finances Ltd. (hereinafter - the Company or UpayCard).
2. The services offered to you on this Website as a holder of a UpayCard or as someone who wishes to be a cardholder shall be hereinafter referred together as the “Services”. The actual use of the Services constitutes your consent to the Terms of Use set forth hereafter, and therefore it is recommended that you review them carefully. If you do not agree to any of the terms, you must immediately cease any action or use of the Website.
3. UpayCard reserves the right to periodically change and update the Terms of Use, and these will be viewable at any time on the Website. UpayCard will notify of such change in a notice that will appear on the Website.
4. The Terms of Use do not derogate from the cardholder’s agreement or other documents you have signed or will sign, rather they only add to them. Accordingly, terms in the Terms of Use shall have the same meaning as they have in the cardholder agreement, unless expressly written otherwise.
5. It is possible that the issuer of the card (the Max Company and/or anyone on its behalf and/or in cooperation with it) may have additional terms of use, which will not derogate from these Terms of Use, rather they will only add to these Terms of Use.
6. UpayCard reserves the right to add and/or detract various services in the future according to its sole discretion. UpayCard reserves the right not to provide certain services for certain types of cards (such as cards that have been blocked and/or canceled for any reason).
7. Advertising that shall periodically appear on the Website, if any, does not constitute an offer and/or advice and it is possible that it does not take into consideration your special information, and it does not constitute a recommendation and/or opinion and/or substitute for your independent judgment.
8. The rules are worded in the masculine gender for convenience only, however they refer to both men and women.

Your obligations at the time of using the Services

9. You undertake not to perform the following actions (in their entirety or in part):
   1. Not to impersonate any other person or other legal entity.
   2. Not to use the Website if you are not 18 years old at least.
   3. Not to make any illegal use of the Services and/or of the device.
   4. Not to use the Services for the purpose of purchasing and/or selling alcohol and/or dangerous drugs and/or medication and/or pornography and/or for the purpose of gambling and/or playing prohibited games (including receiving money from gambling and/or from the prohibited games) and/or any other area that will be prohibited by UpayCard.
   5. Not to prevent, interfere, or restrict use of the Website (including any other use other than fair and reasonable use of the Website), inter alia, by loading, sending or transmitting any material that contains any type of computer virus, or any other computer code.
   6. To avoid spreading spam to servers through which the Services are operated.
   7. Not to cause any modification, processing, adjusting, sublicensing, translation, sale, performing actions of re-engineering, disassembly or reassembly of any of the parts of the code that make up the Website as well as similar actions regarding the hardware and software which are being for providing the Services.
   8. Not to place the Services, or any part of them or any part of the Website, in the framework of another site (frame) or as part of another site (mirror) or as part of another service.
   9. Not to use any robot, information retrieval and search engine or any other automated or manual tool that is designed to index, retrieve, and locate information in the Services and/or on the Website, or such tool that is designed to expose the structure of the database and the code in the Services and/or in the Website.
   10. Not to interfere in any other way, or interrupt the Services and/or the Website, including by interfering with the server’s operations, and the network of computers connected to the Services and/or the Website or the computer network connected to them.
   11. Not to make any use of the Website and/or of the Services that may infringe the copyrights and/or intellectual property rights of UpayCard and/or of any party.

Registration to the Services

10. Some of the Services may be conditional on prior registration, in which case the provisions set forth hereafter will apply to the registration.
11. During the registration to any of the Services you may be asked to choose a personal password that will identify you when using any of the Services. Also, in some cases, you will be asked to choose identifying questions, and provide the answer to them. This action enables performing better identification of the customer and safer use of the Services.
12. Please take all measures to keep the password and the answers to the identifying questions secret, and act in accordance with UpayCard’s instructions as existing from time to time, including changing the password with a new random password which is difficult to guess as much as possible, at the frequency that UpayCard will instruct you. UpayCard will not be responsible if you gave your password to another person or were negligent in safeguarding it.
13. At the time of registering to the Services (and in particular to the service of viewing the information pages), you authorize UpayCard to keep certain information about you. The transactions and actions performed through the Services could be recorded and documented by UpayCard. Use of this information and any other information about you will be subject to the privacy policy of UpayCard set forth hereafter.
14. You undertake to provide true, accurate, correct and complete information about you as requested on the Website. Furthermore, you undertake to update the information as provided by you in order to maintain its accuracy and integrity.
15. UpayCard reserves the right to suspend, cancel or refuse to provide the Services, in whole or in part, in any case of providing information was not true, up-to-date, complete or correct at the time of registration or after it, or if UpayCard has a reasonable basis to assume this has happened.

Remedies

16. UpayCard shall be entitled at any time and without prior notice to suspend, discontinue or delay use of the card and/or the Website, at the occurrence of one or more of the following cases:
    1. If there is a concern that you have breached the provisions of these Terms of Use.
    2. If it believes that your use of the card and/or of the Services constitutes a financial risk and/or any fraud and/or if there is a reasonable concern of this.
    3. If it believes that your actions may cause a financial loss and/or payment and/or create legal liability for you or for it and/or for anyone on its behalf.

Liability and Risks

17. UpayCard’s systems are based on software, hardware and communication networks, and as a result they are exposed risks that are typical in systems of this type, including malware (viruses, trojan horses, etc.), eavesdropping, hacking, or impersonation of the UpayCard Website or any of the other online systems and scams. UpayCard invests a great deal of effort in protecting against these risks, however despite this you should know that it is not possible to completely block them and damage and/or losses may occur due to the realization of any of them.
18. Without derogating from the provisions of this Agreement, UpayCard will be exempt from liability for any damage, loss or expense that may be caused to you, directly or indirectly, as a result of any of these events/ factors, and provided that those factors are not under UpayCard’s control, and UpayCard has made a reasonable effort to prevent them:
    1. A disruption of data or instructions, or the non-performance or late performance of an instruction as a result of any malfunctions or disruptions in the communication lines and/or electronic or mechanical malfunction, whether at your location, whether at the company or at any third party through which the instructions and the information pass.
    2. The malfunction of any software and/or hardware in your possession, including any software and/or hardware provided to you by a third party.
    3. Disclosure of information by you to any third party not in accordance with the provisions of the agreement or the Terms of Use.
19. In order to reduce the risk, you must adhere to UpayCard’s information security procedures. Furthermore, you must immediately notify UpayCard of any case of a concern of misuse of your account and/or your card and/or your name. In the event of a concern that your personal password has been exposed, the password must be proactively and immediately changed on the Website or with the assistance of customer service.

Privacy Policy

20. In order to use some of the Services conveniently and efficiently, you may be required to provide to UpayCard a few details about you. This information may include, inter alia, your full name, your electronic mail address, your date of birth, your gender, address, zip code, mobile phone number, and identification number. You may also be asked for your credit card information (hereinafter - the “Information”). The details provided by you may be verified against information about you that is already in UpayCard’s possession or that will be in its possession or that will be lawfully provided to it.
21. UpayCard sees great importance in protecting your privacy, and it makes great efforts in order to properly protect the information provided to it.
22. UpayCard’s Privacy Policy, as set forth hereafter, may periodically change. In the event that UpayCard materially changes this policy, it will notify you by an appropriate notice on the Website, or by sending an electronic mail notice. The Privacy Policy also applies to the identifiable personal information provided by you, as part of the registration process for the Services, to the personal information you provide while using the Services, and to information collected about you while you browse the Website or use the Services.
23. UpayCard automatically documents on its servers or may document all information received from your browser/ cellular phone and/or any other device, including your IP address, your location and all the pages on the Website that you visited. By agreeing to these Terms of Use, you express your consent that such documentation will be performed by UpayCard.
24. UpayCard may use the information collected about you, inter alia, for the following purposes, and by using the Website you agree and authorize UpayCard to use such information: (a) information security and fraud monitoring, including in order to prevent illegal and/or unauthorized use of the card; (b) contacting you; (C) statistical analysis of the information for UpayCard’s needs.
25. To the extent that you do not want UpayCard to use such information collected about you, you are requested not to use the Services on the Website.
26. In addition, and subject to your express consent, UpayCard may use the information for the purpo

    Customer Service

    se of sending marketing and/or advertising material to you and/or to the business, including by mail or electronic mail or by SMS messages or by an automatic dialing system, or by any other means of communication, inter alia, based on your location.
27. UpayCard will not sell or transfer the information about you, in whole or in part, to any third party without receiving your express consent to do so.
28. UpayCard shall be entitled to disclose the information to any third parties subject to the following terms: Disclosure of the information or part of it is necessary for the provision of the Services and information security purposes (including your identification) and to prevent illegal and/or unauthorized use of the card; If this is required by law or in legal proceedings; In the event that UpayCard finds that your actions breach the Terms of Use, or are performed for the purpose of committing fraud of any kind; In cases required by law, and to related parties that issue or clear the card’s activity or that market it including the Max Company.
29. By agreeing to these Terms of Use (and as long as you do not change your browser settings for blocking them), you permit UpayCard to install Cookies in your device (a file that is transferred to your device by an internet server, and its purpose is to enable UpayCard to identify you quickly and efficiently).

Notices and Updates

30. Notices and updates regarding the Services provided through the Services, including advertising mail, may be sent to you by the electronic mail system, or by regular mail or by SMS messages or by an automatic dialing system, or by any other means of communication to the address you specified in the registration form for the Services, or that was provided to us in the framework of providing the current service, or in the framework of the agreement on which you have signed with UpayCard.

Customer Service

31. UpayCard’s customer service operates on Sundays-Thursdays, between the hours of: 8:00-17:00 and on Fridays and holiday eves between the hours of: 8:00-13:00. You can contact customer service at any time, including in cases of technical malfunctions in the Website, by the ways set forth hereafter: by telephone: 03000000, or by delivery or personally coming to the offices of UpayCard at 9 Masada Street, Besser 3, Bnei Brak.

Stopping the Service

32. If you wish to cancel use of the Services, in whole or in part, you can do so on the Website or by contacting customer service at telephone 03-000000.
33. UpayCard reserves the right to terminate the Services, permanently or for a limited period of time, all or in part, by an advance notice of 14 days, except in exceptional cases where the termination is due to the need to protect you and/or UpayCard, in which case UpayCard will be entitled to immediately terminate the Services.
34. Without derogating from the generality of the aforesaid, UpayCard reserves the right to cancel, permanently or for a limited period of time, your permission to use the Services, all or in part, including due to a concern of misuse of the Services by you or by a third party.

Jurisdiction

35. The Israeli law exclusively governs the use of the service. The courts in Tel Aviv – Jaffa or in Jerusalem have exclusive jurisdiction.

Whereas the Customer requested Max IT Finance Ltd. and/or Max IT Deposits Ltd. and/or ICP Finance Ltd. to issue to him a Card, as defined, below.

Whereas the parties agree that the paragraph of this agreement will apply to the Card, as defined below.

Therefore it was agreed and stipulated between the parties as follow.

A. Preamble

The preamble of this agreement constitutes an integral part thereof.

B. Definitions

“Demand to Pay Voucher” – The transfer of a voucher by the service provider for collection from the Company or in any other matter agreed between the Company and the service provider, including transfer by electronic means.

The “Company” – Max IT Finance Ltd. and/or Max IT Deposits Ltd. and/or anyone on its behalf and/or ICP Finance Ltd. (hereinafter” “ICP”), as applicable.

The “Card” – A card for the use of the customer in and outside of Israel. The Card is a prepaid card and for instant debit. The Card is loaded by the customer through debiting another debit card of the customer and/or by any other means of payment approved by the Company and used for cash withdrawal (subject to the Company’s approval) and/or for purchasing products and/or assets and/ or services by the customer from the service providers.

The “Customer” or the “Cardholder”– The person who holds the Card per his request.

The “Company’s Customary Rate” – The representative rate according to which the Company calculated the conversion from any foreign currency to the debit currency as of the date the transaction was received in the Company’s system.

The “Payment Services Law” or the "Law" – the Payment Services Law, 5779-2019, including the regulations enacted by virtue thereof as they may change from time to time, or any other law replacing it.

“Business Day” – A day in which most of the Company’s business operates and in which banking corporations clear banking transmissions.

“Service Provider” – A business, bank or any other entity, in and outside of Israel, that provides goods, services or funds to the Cardholder, and which honors the Card.

The “Voucher Amount” – the amount stated on the Voucher as the transaction amount, whether in Israeli currency or foreign currency. If the Voucher Amount is stated in foreign currency, this amount will be converted to Israeli currency at the Company’s Customary Rate, as defined above.

“Voucher” – A document or any other media for data recording (including electronic), on which the Card number was recorded, issued by the service provider as evidence of provision of goods, service or funds to the Cardholders.

“Misuse” – Misuse of the Card as defined in the Payment Services Law and in this agreement.

C. General

1. The Card is Company property, intended solely for the use of the Cardholder, and only he may possess it and use it. The Cardholder undertakes to keep it and prevent its use by other/s, and is not permitted to give it to another under any circumstances except for safekeeping in reasonable circumstances (for the avoidance of doubt, giving the Card with its cash withdrawal PIN, as defined below, is not deemed reasonable circumstances).
   If the issued Card was issued for the Cardholder's use as part of his employment with an organization or workplace, the Cardholder declares that he will only use the Card in accordance with the instructions of such organization or workplace.
2. The Cardholder shall sign at the back of the Card immediately upon its receipt, if the Card does not feature a scanned signature.
3. The Cardholder is entitled to notify the Company in writing of terminating the contract at any time under the terms of this agreement. However, the contract will terminate only upon the return of the Card, in a manner described in Section 6 below.
4. The Card will be valid through the date stated on it as its expiration date. Should the Cardholder request the Company before the Card’s expiration date to renew the Card, the Company will deliver to the Cardholder a new Card that will be valid for a period determined by the Company. Upon receiving the new Card, the Cardholder will return the expired Card to the Company, or if the Company so requests, he shall destroy the old Card and notify the Company. The Company may at any time block the Card from being used for any services, or notify the Cardholder of revoking his entitlement to use the Card. The cancellation will enter into effect upon delivery of such notice. In any case, the Company has a right to refuse provision of a new or another Card without explanation. If the Card has a credit balance, the paragraph of Section 9 below on reimbursing the credit balance will apply.
5. The Cardholder undertakes to return the Card immediately to the Company if he is no longer entitled to use the Card.
6. In this Agreement, returning the Card means its actual delivery to the Company or cutting the Card across the magnetic strip and sending it to the Company by registered mail.
7. The Company will not return forms and/ or documents provided to the Company by the Cardholder/applicant.

D. Loading and unloading the Card

8. At the request of the Cardholder, the Card will be loaded with funds in the manner and amounts enabled by the Company from time to time. Loading the Card will be made by using another charge card of the Cardholder or in another manner, as the Company shall approve from time to time. The amounts will not exceed the amounts set by the Company from time to time. Without detracting from the generality of Section 25 below, every loading of the Card will be subject to a fee in the amount prescribed in the fee schedule, as set by the Company from time to time. The Cardholder can be informed of the credit balance in the Card at any time by dialing 03-6178599.
9. Unloading the Card, in full or in part, shall be made by order of the Cardholder or the Company (as the case may be) in a manner permitted by the Company from time to time. ICP shall credit the Cardholder in the amount accumulated at that time in the card less liabilities and/ or fees, all according to the Company’s procedures at the time.

E. Using the Card for purchases from service providers

10. The Cardholder hereby undertakes not to use the Card for purchases in amounts of which cumulative value exceeds the cumulative credit balance in the Card at the time of purchase. The Cardholder hereby states that he knows that the permitted maximum amount will be offset by transactions of which approval was requested by a service provider and has not yet been executed. The Card will be debited for such purchases immediately or soon after the time they are made, at the discretion of the Company. It is clarified that ICP may keep a sufficient balance in each Card for paying the amount due to it and not allow any actions with the Card due to that for these amounts.
11. When purchasing above the credit balance in the Card, the Company may decline the transaction.
12. The Cardholder may use the Card for ordinary transactions only. No installments or credit or automatic debit transactions will be approved, and the Cardholder will not be approved for any credit transactions whatsoever. If the Cardholder perform, contrary to the foregoing, other than ordinary transactions, the Company will deem and treat such transaction as ordinary.
13. The Company will not be liable if a service provider refuses to honor the Card or subjects its use to any conditions. In any event, the Company will not be liable to goods and services purchased or funds withdrawn by the Cardholder from any service provider. No obligation will apply to the Company to take any measures against a service provider due to allegations or claims of the Cardholder toward it, and even if the Company investigates such allegations, the investigation will be conducted within the customer service framework without an obligation to do so and this shall not impose any liability or responsibility on the Company. However, if due to a transaction between the service provider and the Cardholder, the service provider transfers to the Company any funds for the Cardholder, the amount will be credited to the Card, less fees.
14. Upon performing a transaction with a service provider, the Cardholder will examine the details on the voucher and confirm their correctness. The Cardholder signature on the voucher is evidence to the verity of the voucher’s details, including the sum stated on it. The Cardholder is aware that a Card containing an electronic chip (hereinafter: “Smart Card”) requires entering the personal identification number (“PIN”) upon purchasing an asset from a service provider, where the service provider has an electronic point of sale intended for Smart Cards. The foregoing shall not detract from the Cardholder’s obligation to guard his PIN, and the Cardholder is aware that entering the PIN is in lieu of signing the voucher, and that a transaction made in such manner shall not be considered “transaction by incomplete document”, as its meaning in law.
15. The Cardholder confirms that he is aware that when the Company approved a voucher of any amount, the service provider is credited with the voucher’s amount, whether immediately or at another time.

F. Using the Card for cash withdrawal

16. (a) The Cardholder states that he is aware that the Company may permit the Card’s use for cash withdrawal from ATMs installed in banks and other venues for withdrawal of foreign currency.
    (b) Cash withdrawal from ATMs will be done according to the instructions on the machines or on their side or on their screens.

G. Cash withdrawal and receipt of information

17. If the Company enables withdrawal from automated teller machines, the Cardholder hereby undertakes not withdraw from them cumulative amounts that exceed the cumulative credit balance on the Card at the time of withdrawal. In any event, the Cardholder shall not withdraw cash of which cumulative amounts exceeds the amount prescribed by the Company as the maximum withdrawal limit. The Card will be debited for cash withdrawn done through it immediately upon the withdrawal or soon thereafter, at the Company’s discretion.
18. Subject to the stated in Section 25 below, as long as the Card has not been returned, the Cardholder undertakes to pay the Company and the Company may charge the Card for the withdrawn amounts even if they were made by unauthorized persons and even if they exceeded the amounts permitted to the Cardholder to withdraw.

H. Cancelling the Card

19. Without derogating from the generality of Section 4 above, the Company may, in any one of the cases enumerated below, to immediately cancel or suspend or limit the right of the Cardholder to use the Card, or to do likewise to other cards of the Cardholder, and also to transfer charges from one card to another card that was issued by the Company:
    (a) The Cardholder breached any obligation he undertook toward the Company;
    (b) The Company believes that there is reasonable concern that the Cardholder will be unable to meet his obligations toward it;
    (c) The Cardholder died, declared legally unfit or bankrupt, imprisoned, arrested or left the country.
    (d) There is an imminent concern for misuse, including fraud, in connection with the Card and/or its theft and/or use of the Card that exceeds the available balance and the Cardholder cannot be contacted by reasonable means;
    (e) The Cardholder’s statements in his application to receive the Card were found out to be untrue and/or inaccurate;
    (f) Any of the grounds above in regard to another card held by the Cardholder. The Cardholder hereby undertakes not to use a Card that has been canceled and/or blocked and/or suspended and/or invalidated for any reason whatsoever, and in the event the Company receives charges for the Card after its cancellation and/or blocking and/or suspension for any reason whatsoever.
20. The Company will give notice to the Cardholder on the Card’s cancellation or suspension of the right of the Cardholder to use the card immediately upon the cancellation or when suspension commences.
21. Should the Card be cancelled for any reason and there remains a credit balance, its unloading shall be done as stated in Section 9 above.

I. Liability upon loss, theft or misuse of the Card

22. Subject to the following and the provisions of the Payment Services Law, the Cardholder undertakes to pay, and the Company is entitled to charge the Card in the amounts of all the transactions made through the Card before the Customer gave notice of loss, theft or misuse of the Card, regardless whether the use of the Card was made by an unauthorized person and even if made while the Cardholder exceeded its terms under this agreement.
23. The Cardholder confirms that he is aware that the loss of the Card may cause damage, and that damage that was caused due to misuse of the Card is not limited to an amount of one cash withdrawal or one purchase, but to the amount that derives from multiple withdrawals or purchases. The Cardholder undertakes to immediately notify the company of the theft of the Card or its loss or misuse. The Cardholder undertakes to take reasonable measures to locate the Card and return it to the Company, to cooperate with the Company as much as it requires in investigating the circumstances of the loss, theft or misuse of the Card, including filing a complaint with the police, if required, and to sign any written statements according to the Company’s directives. In his statement and/or declaration, the Cardholder will provide details about the supposed place and time of the loss or the theft of the Card, or its last use, the identities of the suspects as well as a description of other articles stolen or lost that may assist in returning the Card. The Cardholder also undertakes not to use the card and/or its number after the Company received notice of the theft or loss and to return it immediately to the Company if it is found by the Cardholder after he gave notice of the theft or loss.
24. The liability for the damage caused as a result of misuse of the Card will be limited under the paragraph of law as they will be from time to time, provided the Cardholder acted in accordance with the paragraph of law.

J. Fees, taxes and expenses

25. The Cardholder undertakes to pay, and the Company will be entitled to charge, from time to time, the following:
    (a) Fees set by the Company, from time to time, at their rate from time to time, in connection with the Card when used for purchases from a service provider, cash withdrawals and services to the Cardholder;
    (b) Any tax, levy or other mandatory payment applying due to the use of the Card;
    (c) Reasonable special expenses incurred to the Company due to the use of the Card;
    (d) A fee, according to the fee schedule customary at the Company at the time, for all the expenses incurred to the Company due to the suspension of the Cardholder’s right to use the Card;
    (e) Collection expenses incurred to the Company due to arrears or failure to honor the liabilities of the Cardholder/applicant toward the Company, including handling charges, investigations, service of documents, card repossession and court expenses and Execution Office expenses;
    (f) Reasonable legal expenses.

K. Company notices and records

26. Any notice to the Cardholder and/or applicant deriving from this agreement shall be given by the Company through a notice to the Cardholder as the Company deems suitable, including an advertisement in a daily newspaper or by sending a message. The foregoing will be subject to the relevant Bank of Israel procedures and any other relevant provision of law.
27. The Cardholder’s address, including his email address, will be the address for mailing documents provided by the Cardholder to the Company. The Cardholder undertakes to notify the Company in writing on any change of his address. Any notice sent to the Cardholder at this address will be deemed received within two (2) business days from the day it was sent, and if sent by email, on the day it was sent. The Cardholder may notify on a change of his address.

L. Release of liability in certain circumstances

28. The Cardholder hereby releases the Company from any liability due to damage, loss, expenses and other payment that may be incurred to him, directly or indirectly, resulting from shortage of cash or malfunction in the ATMs, the banks’ or the Company’s computers and their peripheral equipment or due to lack thereof. The Cardholder further releases the Company from all liability in the case of cancelling the Card by the Company as a result of circumstances outside the control of the Company or in cases in which the Company did not grant, limited or cancelled approval of transactions and actions through the Card in accordance with this agreement. The Cardholder states that he is aware that any transaction made through the Card is implemented only after the Company’s approval to the service provider, whether online or by any other means. The Cardholder is aware that in order to provide services to a Cardholder staying overseas, or to enable transaction with service provider located overseas, the Company must use service centers overseas. The Company shall not liable for any mistake or omission or malfunction in such center. The above release shall apply only to cases not under the Company’s control where the Company made a reasonable effort to prevent them. Notwithstanding the above, it is hereby agreed that the Company shall not be exempt if the Cardholder proves that the damage, loss or expense as such resulted from negligence of the Company. It is further agreed that in any case that liability is imposed on the Company for any reason for damage, loss, expense or payment, including the above, the Company’s liability will be limited only due to direct damages caused as aforesaid.

M. Waiver of confidentiality and privacy protection

29. The Cardholder hereby agrees and confirms that the Company will be permitted to provide to ICP at any time, and ICP will be permitted to provide to the Company at any time, upon request, any information in connection with the Card and/or the Cardholder for the purpose of its activation, service provision, etc. In addition, if the issued Card was issued for the Cardholder's use as part of his employment with an organization or workplace, the Cardholder declares and agrees that information in connection with the use of the Card will be transferred by Max IT Finance Ltd. and/or ICP Finance Ltd. to the Cardholder's organization or workplace, and the Cardholder waives the duty of confidentiality that Max IT Finance Ltd. and/or ICP Finance Ltd. have to him in this regard, if any.
30. The Cardholder hereby agrees and confirms that for the purpose of collection, the Company will be allowed to provide information about him to any entity, and any entity will be allowed to provide the Company, upon request, any relevant information for collection purposes.
31. The Cardholder hereby confirms and authorizes the Company to inquire with any entity that holds any information about him for the receipt of information about any card that was issued to him in the past or any other item of information which the Company deems relevant to decision making regarding the issuance of the Card and its terms of issue, and authorizes any entity to provide such information to the Company. Furthermore, the Cardholder authorizes the Company to provide information about him to any entity that the Cardholder authorizes to receive such information.
32. The Cardholder confirms that he is aware that the information he provides to the Company is required for its decision making regarding the issuance of the Card, its renewal and cancellation. The Cardholder hereby states that he provides the information willingly and that he has no legal obligation to provide it. The Cardholder also confirms that he is aware that the information provided to the Company will be held, all or part thereof, in databases, whether automated or other, at the Company and other entities that handle the technical aspect involved in the use of the Card. Clearance, collection or any other activity required to provide the service to which the Company is obligated under this agreement, including at ICP.
33. The Cardholder confirms that he knows that the information he provides to the Company and information about the transaction made using the Card will be transferred, if necessary for the purposes of performing this agreement, to other credit card companies, if necessary for the purposes of this agreement.
34. Subject to his request in the application, the Cardholder confirms and agrees that the information he provides to the Company and information about the transaction performed using the Card will be used to offer to him various goods and services that he may have interest in, from time to time, and authorizes the Company to use the information for marketing and direct mail advertising, subject to his rights under the Privacy Protection Law, 5741-1981. In addition, the Company may send the Cardholder SMS messages on transactions made using the Card and which are suspected as unauthorized or notices on declining to approve a transaction.

N. Claims against the Company

35. The Cardholder shall indemnify and compensate the Company for any reasonable loss, damage or expense (including attorney’s fees), incurred to the Company as a result of any lawsuit, proceeding or demand deriving from a dispute constituting a dispute between the Cardholder and a third party in Israel or overseas. In addition, in the event of such a lawsuit, proceeding or demand, the Company is entitled to take any action it deems suitable.

O. PIN

36. The Cardholder agrees not to write down the personal identification number for cash withdrawal – plainly or in an encrypted form, on the Card or on any document or object held together or close to the Card, and not to reveal to others the cash withdrawal PIN. The Cardholder also undertakes not to hold the cash withdrawal PIN, plainly or in an encrypted form, in the same place the Card is kept.

P. Lien and offset

37. The Company will have a right of lien on any asset held by the Company and also a right of offset on any amount due to the Company from the Cardholder – against any amount due to the Cardholder from the Company.

Q. Applicability and use restrictions

38. The Company will be entitled, at any time, to limit the Card in various manners, including restricting the card:
    (a) in loading amounts; (b) in transaction or purchase amounts; (c) in cash withdrawal amounts; (d) such that it will not be used with certain service providers and/or certain services.
39. Sections 23, 24, 27, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 43 and 44 above and below, will apply also after this agreement terminates for any reason whatsoever.

R. Change in the terms of the agreement

40. The Cardholder hereby states that he is aware that the Company may, at its discretion, change the terms of the agreement from time to time. Any change will enter into effect immediately at the end of 14 days from giving notice thereof to the Cardholder. Changing the terms of this agreement are subject to any relevant law.

S. Headings

41. The section headings in this agreement are for convenience only, and they shall not be used for the interpretation of this agreement.

T. Jurisdiction

42. The unique jurisdiction to litigate any of the matters pertaining to this agreement is the competent courts in the Tel Aviv-Yaffo District.

U. Records of the Company

43. The records of the Company in all that pertains to the obligations and liabilities of the Cardholder under this agreement shall be deemed prima facie evidence of his liabilities toward the Company.
44. The Cardholder hereby states that he is aware that telephone conversations with the Company may be recorded and that the recorded conversations may be used by the Company for purposes of training and service improvement, or for verifying information provided, or as evidence in any dispute or legal proceeding between the Company and the Cardholder and/or any third party. Recording the conversation or documenting it shall constitute evidence to the very existence of the conversation and its content. The Company shall act for the purpose of recording telephone conversations under the directives of the Bank of Israel as they will be from time to time. For the purpose of this section, “conversation or telephone message” – including a notice or transmitting a message on the internet or by email.

Full Disclosure Form - Issuing a Pre-Paid Card

I hereby request of Max IT Finance Ltd. and/or Max IT Deposits Ltd. (hereinafter jointly – “Max IT Finance Ltd.”) to issue to me a card(s) in conjunction with ICP Finance Ltd. (hereinafter – “ICP” and hereinafter together – “the Company”), according to the information I have submitted to you, and subject to the terms of the attached card agreement. I am aware that the issuance of the card(s) is at your sole discretion and you are entitled, without any reason, to refuse to issue a card(s) to me. I declare and confirm that all the details I have provided are correct and complete and I am aware that you will be entitled to cancel the card if this is not the case.

Use of information

I hereby confirm and authorize you (on your own behalf or through anyone acting on your behalf) to contact banks, credit companies, credit data companies and other bodies (including the Population Registry) for information that will include information about any card issued to me in the past and about accounts managed currently and/or in the past in my name and any other information that has reached or will reach such bodies which may affect the decision as to whether to issue to me a card and under what conditions. This confirmation and consent are addressed to any such body and constitute a waiver of any confidentiality obligation that such bodies owe me, if this is the case.

All information provided to you and/or received with and following the use of the card (hereinafter – “the Information”) is given voluntarily and with my consent and without a legal obligation for me to submit it, and I agree that they will be held in databases, including computerized databases in your possession and/or held by bodies on your behalf. I am aware that the information will also be stored in a database owned by ICP and/or any other database owned by Max IT Finance Ltd and/or ICP. The information will be used for making decisions regarding the issue of a card and/or its renewal and/or provision of related services and the provision of banking and other services. I expressly permit Max IT Finance Ltd and/or ICP to transfer such information between them. All data to be provided by me will be kept in strict confidence in accordance with the Protection of Privacy Law, 1981.

Subject to my signature on the application, I agree and authorize the Company to use the information in order to send me marketing and/or advertising material, including through direct mail, and by post and/or email and/or SMS messages and/ or using an automatic dialing system and/ or by any other means of communication, including after segmentation and characterization of my consumption habits and use of the card and/or for statistical analysis of the information for the Company’s needs and/or in order to prevent illegal and/or unauthorized use of the card.

I am aware that if I am not interested in receiving such notices or advertising from the Company (through one or more of the aforementioned means), I may notify the Company at any time, in any of the ways specified below:

In order to not receive notices and advertising from Max IT Finance Ltd:

In writing – Max IT Finance Ltd., 11 Ben Gurion Street, Bnei Brak, 51260.
By phone – 03-6178888.
By website – www.max.co.il

In order to not receive notices and advertising from ICP:

In writing – ICP Finance Ltd., 9 Masada Street, Bnei Brak, 5120109.
By phone – 03-6743344.
By email – [email protected]
I am aware that my above consent supersedes and replaces any previous notice I have with the Company in this matter, including my previous refusal to receive marketing and advertising materials.

If the issued Card was issued for my use as part of my employment with an organization or workplace, I declare and agree that I will only use the card in accordance with the instructions of my organization or workplace. I also declare and agree that information in connection with the use of the card will be transferred by Max IT Finance Ltd. and/or ICP Finance Ltd. to my organization or workplace, and I waive the duty of confidentiality that Max IT Finance Ltd. and/or ICP Finance Ltd. have to me in this regard, if any.

Details of transactions and balance

I am aware that I can keep up to date with the amount stored on the card at any time by phone: 03-6743344 or 03-6178599. In addition, I can keep up to date with the amount stored on the card and the transactions performed with the card at any time through the ICP website, application and call center (during the call center activity hours) as detailed below.

Using the card, loading, unloading, and canceling the card

I am aware that I may carry out only ordinary transactions with the card, for which the daily cumulative amount of the transactions will not exceed NIS 8,000 on a Shekel card, USD 2400 on a Dollar card and EUR 2000 on a Euro card. No payment plan or credit or standing orders will be approved and no credit products of any kind will be provided to me. Notwithstanding the foregoing, if a transaction performed is not an ordinary transaction, the Company will relate to this transaction as an ordinary transaction.

I can load or unload (or request to cancel) the card at any time by contacting ICP in the ways listed below. I am aware that if I do not make any use of the card within 30 days of its receipt, I will be entitled to cancel it without any fee.

Card fees

Details of fees and rates appear in the cardholder price list that was given to you at the time of signing the enrollment agreement. In addition, the price list appears on Max's website: www.max.co.il and on the ICP website: www.upaycard. co.il.

Smart card and secret code (PIN)

A smart card is a charge card with an electronic chip on the card. When using the card, withdrawing cash (as the company permits) and performing transactions overseas, the card PIN must be entered, in order to enable the card to be used more safely.

The PIN can be recovered at any time through the call center, on the company's website at www.upaycard.co.il or at Bank Leumi ATMs.

• The PIN should not be given under any circumstances to any party.
• Do not store or record the PIN on the card or in the documents held with the card openly or in an encrypted manner. Remember the number by heart.
• Do not note the PIN on the card.
• Do not store the PIN on your mobile phone, on an electronic device or on similar devices.

Lost/stolen card

If your card is lost or stolen, you must report it immediately to the company. You can contact ICP at 03-6743344 to avoid misuse of the card.

• The card is personal and to be used only by the cardholder. The card or card details should not be given to anyone other than the cardholder (not even to family members). Any damage caused as a result of the use by someone to whom the card or card details were given will be the responsibility of the cardholder.
• The use of the card is subject to the agreement you signed, to the paragraph of the law and to changes that will be made in the agreement and the law.
• All the instructions, rates and payments appearing in this application are subject to changes and instructions as may be applicable from time to time.
• The card must be kept in a safe place. Do not leave the card unattended, in a bag or in public places. Please make sure that when you are in crowded places (such as the beach, subway stations overseas, shows), the card/wallet will be kept close to your body.

A card found after a notice of theft, loss or cancellation may not be used, and must be cut and returned personally or by registered mail to 9 Masada Street, Bnei Brak, 5120109.

Payment Services Law, 5779-2019 – Highlights

Upon receipt of a card, we would like to bring to your attention the main points of the Payment Services Law, 5779-2019 and its regulations. We ask you to read this explanation carefully. Please note that as insofar as this relates to the Payment Services Law described below, the above constitutes only a summary and does not replace or prejudice the paragraph of the Law itself.

A. Liability in the event of theft, or loss, or misuse of the card

In order to prevent you and the Company from being harmed, you are required to give notice of the loss, theft or misuse of your card as soon as possible. It should be noted that the sooner you give notice, the less you may be liable.

1. In any case as stated above, your liability will be limited as follows:

a. The amount of transactions or withdrawals actually made or a fixed amount of NIS 75 plus NIS 30 for each day that passes from the date on which you or the holder of the card on your behalf learned of the theft or loss of the card until the date of the notice, whichever is less. Notwithstanding the foregoing, if your notice was delivered within 30 days of the first time your card was misused, you will not be liable for an amount exceeding NIS 450.

b. In addition, your liability will be limited to the amount of money accumulated on the card until it is first loaded by a person who is not entitled to it, up to the amount of NIS 400 loaded on the card (if loaded).

2. These amounts may be changed under an order of the Minister of Justice published in Reshumot. In any case, you will not be liable for damage caused after you have given notice of theft or loss. The above limitation of liability will not apply in the following cases:

a. If you give your card to someone else, except under reasonable circumstances only for the purpose of safekeeping. It should be emphasized that holding or handing over the card or its number in violation of the instructions given to you in advance will be considered handing over the card in circumstances that are not reasonable.

b. If your card was used with your knowledge.

c. If you have acted with fraudulent intent.

In each of the above cases, the Company is entitled to increase the total transactions in respect of any transaction or withdrawal made with the card (even if made by a person who is not authorized to do so, and even if the withdrawals exceed the amounts that you are entitled to withdraw through the devices, if any), whether prior to or after receipt of the notice.

B. Assistance in returning the card in case of loss or theft

You are requested to provide in writing all information known to you to the best of your knowledge regarding the circumstances of the loss or theft of the card, including the estimated place, date and time when the card was stolen/lost, when and where the card was last used and a description of other stolen or lost items which may help return the card. You may also be asked to take reasonable steps to help return the card to the Company and/or locate the user. Be aware that by law, the limitation of liability is conditional on provision of the above information. In addition, if you do not act as aforesaid, you may be liable to compensate the Company up to NIS 2,500. The Minister of Justice may change this amount by order, which will be published in Reshumot.

C. Return of the card

When you give notice of the termination of the arrangement, or when the Company announces the cancellation of the card, you must return the card to the Company or send the card to ICP at 9 Masada Street, Bnei Brak, 5120109 by registered mail with the magnetic strip cut, and avoid using the number imprinted on it.

Max operates according to the Payment Services Law, 5779-2019. The entire law can be viewed on Max's website.

Contact and message information

For any question, ICP can be contacted in the following ways:
On the website – www.upaycard.co.il , by email – [email protected]
Call center – 03-6743344 Sunday-Thursday 8:00-17:00 and on Fridays and holiday eves until 13:00.