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Terms and Conditions for ACU PAY VISA Prepaid Card Service

By applying for and/or using the ACU PAY (Thailand) Co., Ltd. prepaid card service (the “Company”), I agree to comply with the following terms and conditions (the “Terms”):

  1. Definitions
    • “Company” ACU PAY (Thailand) Co., Ltd.
    • “Card” A cash or prepaid card issued by the Company, available as a Physical Card or a Virtual Card.
    • “Cardholder” An individual who registers and completes the identity verification process as required by the Company.
    • “Card Account” An electronic account recording the balance and transaction history of the Cardholder.
    • “Merchant” Shops or service providers that accept card payments both offline and online.
    • “Electronic Service Channels” The ACU Pay app, website, EDC machines, or other devices designated by the Company for transactions.

 

  1. General Terms of Use

The Card remains at all times the property of the Company and is for the Cardholder’s exclusive personal use only. The Cardholder shall not lend, transfer, assign, or otherwise permit any third party to use the Card or Card details. The Cardholder must keep card details, PINs, or OTPs confidential. If the card is used by another person before the Cardholder notifies the Company to suspend it, the Company is not responsible for any resulting damages.

 

  1. Card Limitations

Thai Cardholders may hold only up to the number of Cards per national identification number as determined by the Company from time to time, subject to Bank of Thailand regulations.

 

  1. Top-ups and Credit Limits

Cardholders can top up their accounts through Company-designated channels under these conditions:

    1. The cardholder may top up funds with a minimum amount of 1 Baht per transaction, subject to a top-up fee of 5 Baht per transaction. However, the Company shall waive such top-up fee for transactions of 300 Baht or more.
    2. Maximum Top-up: Not more than 200,000 Baht per transaction and/or per month, or such other limit as may be prescribed by the Company or applicable law.

 

  1. Security and Cash Withdrawals

A PIN or app-based identity verification may be required for payments. Please note that this card cannot be used to withdraw cash from ATMs or other channels unless otherwise announced by the Company.

 

  1. Purpose of Use

The card is intended for the purchase of goods and services. It cannot be exchanged or converted into cash at any merchant.

 

  1. Suspension and Cancellation of the Company

The Company reserves the right to immediately suspend or cancel the Card and Card Account without prior notice if the Cardholder violates any of these terms and conditions, provides false information, or if the Company suspects the Card is being used for fraudulent or illegal purposes.

 

  1. Illegal Use, Fraud, and AML/KYC Compliance

The Cardholder agrees not to use the Card for any illegal activities, including but not limited to money laundering, financing of terrorism, or hiring others to open accounts (mule accounts). The Company strictly complies with the regulations of the Bank of Thailand (BOT) and the Anti-Money Laundering Office (AMLO). The Company reserves the right, at its sole discretion and to the extent permitted by law, to temporarily or permanently freeze, block, or close any Card or Card Account, withhold or confiscate funds where required by law or competent authorities, request additional documents for KYC/AML purposes, and/or report any suspicious transactions to relevant authorities, without prior notice to the Cardholder.

 

  1. Transaction Checking

ACU PAY Cardholders can check transaction details (E-Statement) through the ACU PAY app, which serves as a complete record of transactions.

 

  1. Payment Network

The Card may be used at merchants or websites that accept VISA or Contactless payments, both in Thailand and overseas. The transaction amount will be deducted from the Card Account immediately.

 

  1. Adjustments

If a transaction error occurs, the Cardholder agrees to let the Company automatically adjust (add or deduct) the funds in their account to correct the balance.

 

  1. Foreign Currency Transactions

When using the card abroad, transactions will be converted into Thai Baht using the exchange rates determined by the VISA network on the transaction date. Cardholders can check these rates on the VISA website.

 

  1. Foreign Exchange Risk Fee

A foreign exchange risk fee shall apply when the card is used to pay for goods or services in a foreign currency. A Foreign Exchange Fee of up to 3% of the converted transaction amount may be charged in addition to the exchange rate applied by VISA for currency conversion.

 

  1. Dispute Resolution and Transaction Denial

If a Cardholder discovers an unauthorized transaction or an issue with goods/services purchased, they may dispute the transaction under the following conditions:

    1. The Cardholder must notify the Company and submit a dispute request within forty-five (45) days from the transaction date, together with the supporting documents as specified by the Company.
    2. The Company will investigate the dispute in accordance with the rules and timeframes established by the VISA network.
    3. The Company reserves the right to deny refunds if it is proven that the transaction resulted from the Cardholder’s gross negligence, failure to secure their Card, PIN, OTP, or other security credentials, or a breach of these Terms.

 

  1. Fees

The Cardholder agrees to pay card issuance fees, annual fees, service fees, and any other charges at the rates prescribed by the Company, which shall form an integral part of these Terms.

The Company shall display and disclose the applicable fees, charges, and related terms and conditions through the ACU PAY application and/or any other channels designated by the Company. In the event of any changes to the fees or charges, the Company shall provide prior notice to the Cardholder within the period and by the methods required by applicable law.

 

  1. General Limitation of Liability of the Company

The Company shall not be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of data, loss of business, or loss of opportunity, whether arising in contract, tort (including negligence), or otherwise.

In any event, and except for cases of willful misconduct or gross negligence that cannot be limited under applicable law, the Company’s aggregate liability to the Cardholder for all claims arising out of or in connection with the Card, the Card Account, or these terms and conditions shall not exceed:

    1. The total amount of fees paid by the Cardholder to the Company during the twelve (12) months immediately preceding the event giving rise to such claim, or
    2. The total balance held in the Card Account at the time of such event, whichever is lower.

 

  1. Indemnity

The Cardholder agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

    1. The Cardholder’s breach of these terms and conditions;
    2. The Cardholder’s violation of any applicable law or regulation; or
    3. Any fraudulent, improper, or unauthorized use of the Card, Card Account, or Electronic Service Channels by the Cardholder or any third party using the Cardholder’s credentials, PIN, OTP, or device, except where directly caused by the Company’s willful misconduct or gross negligence.

 

  1. Data Security

The Cardholder is responsible for keeping the Card, card number, PIN, passwords, OTPs, and any other security credentials strictly confidential and secure. Any transaction authenticated using such credentials shall be deemed to have been duly authorized by the Cardholder, unless otherwise required by applicable law.

 

  1. Lost or Stolen Cards
    1. Service Suspension Notification: The cardholder may immediately suspend the use of the card by themselves through the ACU PAY application and shall thereafter contact the Customer Service Center at (02-114-3376), which is available from Monday to Friday between 09:00 – 18:00 hrs., and on Saturdays, Sundays, and public holidays between 10:00 -17:00 hrs., to proceed with the relevant procedures.
    2. Liability for Lost or Stolen Cards: The Cardholder is responsible for all transactions and expenses incurred on the Card prior to the successful notification of suspension to the Company. The Company’s liability for subsequent unauthorized transactions will commence immediately upon the Company’s systematic confirmation that the suspension request has been successfully processed.
    3. Replacement: The Cardholder can request a new card or transfer the remaining balance to a new account following the Company’s procedures, subject to replacement fees.

 

  1. Service Cancellation by the Company

The Company reserves the right, at any time, to cancel, suspend, or restrict the Card or Card Account, in whole or in part, if necessary for security reasons, system maintenance, compliance with applicable law or regulatory requirements, or for business, operational, or risk management reasons. In such cases, the Company will, where practicable and not prohibited by law, notify the Cardholder in advance or as soon as reasonably practicable thereafter.

 

  1. Changes to Terms and Fees

The Company may update these terms, conditions, or fee rates by giving at least 30 days’ notice via the application, website, or other electronic channels. In urgent cases or when the change benefits the Cardholder, the Company may notify the Cardholder less than 30 days in advance or within a reasonable timeframe as required by law.

 

  1. Complaints and Investigations

If a transaction error is found, the Cardholder can file a complaint through the designated channels within 30 days of the transaction date. The Company will investigate and provide an update to the Cardholder within thirty (30) days after receiving all necessary information and documents.

 

  1. Updating Personal Information

The Cardholder must immediately notify the Company of any changes to their name, address, phone number, or other contact details via the ACU PAY application to ensure all data is accurate and up to date.

 

  1. Personal Data Protection (PDPA)

The Cardholder acknowledges and explicitly consents that the Company may collect, use, process, and disclose their personal data in accordance with Thailand’s Personal Data Protection Act (PDPA). This data is utilized for identity verification (KYC), providing card services, risk management, and complying with legal obligations.

Detailed rights of the data subject and data processing procedures are available in the Company’s comprehensive Privacy Policy as follows:

    1. To provide services according to the agreement or related to these terms.
    2. For notifications, verification, or responding to inquiries and complaints.
    3. For data analysis, data processing, and data management
    4. For operations related to information technology.
    5. For supervision, risk management, and auditing of the Company’s and its group’s services.
    6. To comply with laws, regulations, or orders from authorized government agencies.

 

  1. Damaged Cards

In the event that the card is damaged, lost, or otherwise unusable, the cardholder may request the issuance of a replacement card, subject to the card issuance fee prescribed by the Company. The cardholder shall submit such a request through the application or any other channel designated by the Company and shall complete the identity verification and authentication procedures in accordance with the Company’s rules and procedures prior to the issuance of the replacement card.

 

  1. Card Expiration

Once a card expires, it can no longer be used for transactions. However, the Cardholder remains bound by these terms until all obligations are fulfilled. The Cardholder may request a new card by paying the fee at the rate specified by the Company.

 

  1. Remaining Balance on Expired Cards

If an expired card has a remaining balance, the Cardholder can transfer it to a new account via the application. If the transfer is not completed within 1 year from the expiration date, the Company reserves the right to charge an account maintenance fee at the announced rate.

 

  1. Service Termination by Cardholder

The Cardholder has the right to cancel the service at any time by notifying the Company through the ACU PAY application. The Company will then process the cancellation and refund the remaining balance (if any) to the Cardholder via the designated channels.

 

  1. Benefits and Loyalty Points

Cardholders may earn loyalty points (such as ACU Points) from spending at participating merchants, subject to the conditions set by the Company.

    1. The system will automatically calculate points when a qualifying payment for goods or services is made.
    2. The Company reserves the right to change point accumulation rates or promotional terms as deemed appropriate.
    3. Loyalty points have an expiration date as determined by the Company (e.g., 3 months from the date they were received).
    4. Cardholders can check their points and benefits through the ACU PAY application.

 

  1. Point Adjustments for Refunds

In the event of a refund due to a transaction error, the Company has the right to reclaim or adjust the points the Cardholder received from that specific transaction to reflect the actual amount.

 

  1. Card Validity

The card is valid for 2 years from the month of issuance and cannot be renewed. The Cardholder must apply for a new card following the Company’s established procedures.

 

  1. Data Sharing with Business Partners

In cases where the Company has business partners (such as merchants or benefit providers), the Company may share the Cardholder’s personal data with these partners to verify membership status and provide points or promotions according to the terms set by the Company and its partners.

 

  1. Termination of Partnership Benefits

If the Cardholder terminates their membership with a business partner, they can still use the ACU PAY card for standard payments. However, they will no longer receive loyalty points or special benefits associated with that specific partner.

 

  1. Data Collection by Partners

The Cardholder acknowledges and agrees that the Company’s partners may collect, use, and process personal data for membership management, providing benefits, and marketing purposes, as detailed in the privacy policy of each respective partner.

 

  1. Accuracy of Information

The Cardholder certifies that all information provided to the Company and its partners is accurate and up to date. If there are any changes to this information, the Cardholder must notify the Company and its partners immediately through the designated channels.

 

  1. Representation of Third-Party Data

In cases where the Cardholder provides third-party personal data to the Company, the Cardholder represents that:

    1. They have informed the data owner of the details of the Privacy Policy.
    2. They have obtained lawful consent from the data owner.
    3. The data owner is aware of their rights to access and manage their data as required by law.

 

  1. Discretion in Membership Approval

The Company and its partners reserve the sole right to approve or reject any application for card services or partner membership. If a membership is terminated for any reason, the Company and its partners will retain the necessary data only as required by law.

 

  1. Marketing Communications with Partners

The Company’s business partners (such as our partner stores) may send commercial news, benefits, marketing information, and sales promotions via the Cardholder’s mobile number, email, or other electronic channels. The Cardholder can opt out of these communications through the ACU PAY Call Center or partner channels.

 

  1. Compliance with Loyalty Point Terms

The Cardholder acknowledges and agrees to follow the specific terms and conditions for using loyalty points (such as ACU Points), which are separate from this agreement. Details regarding point usage can be found on the Company’s website, application, or partner channels.

 

  1. Certification of Information Truthfulness

The Cardholder certifies that any information provided to the Company, or to be provided in the future, is accurate, complete, and true in all respects.

 

Note: This Agreement shall be governed by and construed in accordance with the laws of Thailand, and the Thai courts shall have exclusive jurisdiction to adjudicate any disputes arising out of or in connection with this Agreement.