Acceptable Use Policy, Restricted Activities and Privacy policy

By accessing or using the processing services (the "Processing Services") provided by Lukapay Holdings INC all related companies and subsidiaries, (hereinafter "Luka", "we," "us" or "our"), you agree to comply with the terms and conditions of this Acceptable Use Policy, Restricted Activities and Privacy Policy.

Restricted Activities.

You may not use the Processing Services in connection with any product, service, transaction or activity that:

  • a. Violates any law or government regulation, or promotes or facilitates such by third parties;
  • b. Violates any rule or regulation of MasterCard International Inc., VISA U.S.A., Inc., DFS Services LLC d/b/a Discover Network (including any card issuer of payment cards processed and settled through the Discover network) and American Express Travel Related Services Company, Inc. ("American Express") or any other electronic funds transfer network (each, a “Payment Processor”);
  • c. Is fraudulent, deceptive, unfair or predatory;
  • d. Causes or threatens reputational damage to us or any Payment Processor;
  • e. Involves any of the business categories listed in Section 2; or
  • f. Results in or creates a significant risk of chargebacks, penalties, damages or other harm or liability.

Certain Business Categories.

You may not use the Processing Services in connection with any product, service, transaction or activity that involves:

  • Age restricted products or services
  • Aggregation or factoring, whether licensed or unlicensed
  • Airlines (exceptions apply if you get our prior written approval)
  • Bail bonds
  • Bankruptcy lawyers
  • Bidding fee auctions
  • Business or investment opportunity sales
  • Chain letters
  • Check cashing, wire transfers or money orders
  • Collection agencies
  • Counterfeit goods or any product or service that infringes upon the copyright, trademark or trade secrets of any third party
  • Credit card and identity theft protection
  • Credit counseling, repair or protection services, or mortgage consulting or reduction services
  • Cruise lines
  • Currency exchanges or dealers
  • Decryption and descrambler products designed to circumvent intellectual property rights or protections, including mod chips
  • Door-to-door sales
  • Drug paraphernalia
  • Embassies, foreign consulates or other foreign governments
  • Essay mills
  • Evading card association chargeback monitoring programs
  • Extended warranties
  • Real estate purchases with no money down
  • Flea markets
  • Fortune tellers
  • Gambling (including but not limited to lotteries, Internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services) (exceptions apply in some countries/regions and if you get our prior written approval)
  • “Get rich quick” schemes
  • Human hair, fake hair or hair-extensions
  • Loan modifiers
  • Mail-order brides
  • Marijuana dispensaries and related businesses
  • Membership subscriptions > 1 year (exceptions apply if you get our prior written approval)
  • Money transmitters or money service businesses
  • Multi-level marketing or pyramid schemes
  • Negative response marketing
  • Offering substantial rebates or special incentives to the cardholder subsequent to the original purchase
  • Online or other non-face-to-face pharmacies or pharmacy referral services
  • Online or other non-face-to-face tobacco or e-cigarette sales
  • Personal computer technical support (exceptions apply if you get our prior written approval)
  • Prepaid phone cards, phone services or cell phones
  • Pseudo pharmaceuticals
  • Products/services that promote hate, violence, harassment or abuse, if illegal
  • Quasi-cash or stored value
  • Securities brokers
  • Sexually-oriented or pornographic products or services
  • Sharing cardholder’s data with another merchant for payment of up-sell or cross-sell products or services
  • Shipping or forwarding brokers
  • Social media activity sales (such as sales of Twitter followers, Facebook likes or YouTube views)
  • Sports forecasting or odds making
  • Prescription drugs, illegal drugs or substances designed to mimic illegal drugs
  • Telecommunications equipment and telephone sales
  • Telemarketing
  • Timeshares
  • Tour operators (exceptions apply if you get our prior written approval)
  • Travel agencies or travel clubs (exceptions apply if you get our prior written approval)
  • Virtual currency or credits that can be monetized, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world
  • Weapons and munitions
  • Entertainment venues including but not limited to nightclubs, bars
  • Pre-payment services

Actions by Us

If, in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to Luka and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation:

  • a. Blocking the settlement or completion of one or more payments;
  • b. Suspending, restricting or terminating your access to and use of the Processing Services;
  • c. Terminating our business relationship with you, including termination without liability to Luka of any payment service agreement between you and Luka;
  • d. Taking legal action against you;
  • e. Contacting and disclosing information related to such violations to (i) persons who have purchased goods or services from you, (ii) any banks or Payment Processor involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
  • f. Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.

Information Collection and Use

Luka collects information in several ways: : (i) when you send us an e-mail or communicate via any other electronic means Luka will store the address and the conversation history; (ii) when you use our services via website, payment link or gateway, Luka will collect and store certain personal data that may include your name, ID number (if applicable), phone numbers, email, limited credit card information (expiration date, BIN and 4 last digits), IP address, information about your computer or device and other standard web log information;

Luka refers to the information collected generally as “personal information”, which includes any information that can be used to identify and individual, or any anonymous information that is linked to a specific individual. Any information that is aggregated or becomes anonymous such that it cannot be reasonably associated with an individual shall not be considered personal information.

The types of personal information Luka collects and our use of that personal information will depend on whether you are a website user, merchant or end customer.

Luka uses the information we collect for the following general purposes including products and services provisioning, billing, identification and authentication, service improvement, contact, and research.

We may occasionally email you with information about new service. You may opt out of these emails by clicking on the unsubscribe link contained in such communications or by replying with unsubscribe in the subject line. Please note that you will continue to receive communications about your Luka account including billing invoices and usage notifications.

Luka is not allowed to disclose personal information without your written permission and will never sell or rent your personal information to marketers.

Certain information collected about you and your customers may be shared with third parties within the context of providing the services. These third parties may include our agents, related body corporates, contractors, financial institutions, payment processors, fraud services, and any third parties that you have directly authorized to receive your personal information. We may store personal information with third parties in locations outside our direct control, for example on offsite servers or databases. Some of the third parties to whom we disclose your personal information may be located outside your country of residence.

In certain circumstances we may be required to disclose personal information to government officials, law enforcement or other third parties: (i) in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of terms of use, or as otherwise required by law; (ii) if we are compelled to do so by subpoena, court order or other legal process; or (iii) if we are required to do so to comply with any law, statute, or set of rules or regulations.

We will only disclose personal information in response to a request if we believe in good faith that it is necessary to comply with any applicable law or legal requirement. We will use reasonable efforts to provide you prompt notice prior to such disclosure so that you can contest the requirement if you choose unless we determine in good faith that: (i) we are not permitted to provide you such notice under any applicable law; or (ii) giving such notice would result in an imminent risk of death, serious injury or significant property loss or damage to Luka or a third party.

Data Retention

Personal information we collect and use for any purpose or purposes shall not be retained for longer than is necessary for that purpose or those purposes.

Luka owns the data storage, databases and all rights to the Luka application, but we make no claim to the rights of your data. You retain all rights to your data and we will never contact your clients directly, or use your data for our own business advantage or to compete with you or market to your clients.

To offer our service we are required to retain certain data you provide us to ensure transactions are processed correctly, to identify fraudulent activity, and to comply with applicable laws and regulations. Accordingly, even if you terminate the service agreement with Luka, will retain certain information as necessary to meet these obligations.

Amendments

This Acceptable Use Policy may be amended by Luka at any time by posting a new version of it to our website or otherwise delivery a copy to you via previously authorized communications or notice methods. By accessing or using the Processing Services after a new version is posted or made available to you, you agree to all amendments reflected therein. Entire Agreement

These terms and conditions and all policies and procedures that are incorporated herein by reference constitute the entire agreement between you and Luka with respect to the provision of the Service. In the event of a conflict between this Agreement and any other Luka agreement or policy, these policies shall prevail on the subject matter of this policies unless such other agreement expressly states otherwise. Except as expressly provided in these policies, these terms describe the entire liability of Luka and sets forth your exclusive remedies with respect to the service and your access and use of the service. If any provision of this policies (or portion thereof) is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Questions and Complaints

If you have any questions about these policies or would like to access or seek correction of your personal information, or if you have any complaints regarding our privacy practices, please contact us at support@lukapay.io

Where the processing of your Personal Data is based on your previously given consent, you have the right to withdraw your consent at any time. You may also have the right to object to the processing of your Personal Data on grounds relating to your particular situation.

For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If we no longer need to process Personal Data about you in order to provide our services or our sites, we will not maintain, acquire or process additional information in order to identify you for the purpose of responding to your request.

If you are a Customer of a Luka Customer, please direct your requests directly to them. For example, if you are making, or have made, a purchase from a merchant using Luka, and you have a request that is related to the payment information that you provided as part of the purchase transaction, then you should address your request directly to the merchant.

This Privacy Policy was last updated in October 2022. As our service continues to evolve, we may update these policies so please check back frequently.

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