xoocash.com

Bloom Finance LTD. Terms of Use for the User effective from 01/04/2021

These are Bloom Finance LTD Terms of Use for the User Account applicable to Bloom Finance LTD, as defined below. Please read them carefully. If You do not agree with them, please do not use Bloom Finance LTD Services.

1. About Bloom Finance LTD.

Bloom Finance LTD. (Company) is a company incorporated under the laws of United Kingdom with reg. No. 12853058, legal address 5 Latham street, Liverpool Merseyside, United Kingdom L5 2PG. Bloom Finance LTD. is an authorised Electronic Money Institution agent regulated by the FCA under registration number 902912.

2. Definitions

The following capitalized terms have the following meanings in these Terms of Use:

“Business Day” – any day other than a Saturday or Sunday or a public or bank holiday in United Kingdom.
“Business Entity” – a legal person, commercial or business entity that meets all the eligibility requirements set in the Terms of Use for the Business Entity Account and that opens and holds an Account and is enabled to use Services, including sending payments and receiving payments from Users.
“Business Entity Account” – an Account opened and held in a Business Entity’s name and enabled to send payments to and receive payments.
“Complaints Policy” – Our complaints policy concerning Services available on the Website, as may be amended from time to time.
“Currency of Account” – euro or other currency made available for selection by You.
“Customer Support Service” – Our customer support service available 24/7 for any questions You may have.
“Account” – an online eMoney account opened and held in Your name and that of other Users or Business Entities and maintained by Company.
“Our Services” – payment services provided by Company and based on eMoney issued by Company upon demand and for Your account and the account of other Company or Business Entities and including activities required for operations with an Account, identity verification and security checks, execution of Transactions, receipt of eMoney transfers, issuance and redemption of eMoney and other activities, as described in these Terms of Use.
“Fees” – fees and charges levied by Company for Your use of Our Services.
“Login Details” – unique means of identification in the form of a login user name and password (set by a Business Entity or User for his/her/its own account), and, if You use a two-step verification system (strong customer authentication), then also authentication data as required, as well as other security credentials of an Account, including but not limited to secure identification, security questions and answers.
“Mobile Application” – an information technology solution available on Mobile Devices exclusively to Users for accessing and partly using Our Services. We may make this service available to Business Entities in the future.
“Mobile Device” – a portable computing device such as a smartphone or tablet computer.

“Padding” – is an addition of a percentage to the amount of the transaction authorised by the merchant to provide a protection against exchange rates fluctuation. This is often referred to as a ‘tolerance’.
“Privacy Policy” – Our privacy policy concerning Our Services available on the Website, as may be amended from time to time.
“Terms of Use” – these Terms of Use for the User Account available on the Website and as may be amended from time to time under these Terms of Use for the User Account.
“Third Party Provider” – a Service Provider authorised by the relevant competent authority, who is permitted to access Your Account and make payments on Your behalf on the basis of Your consent given as described on Our Website or Mobile Application or the Service Provider’s website or mobile application.
“Transaction” – a transfer of eMoney by debiting Your Account and concurrent crediting to another User’s or Business Entity’s Account as instructed and consented to by You under these Terms of Use, and in each case after deduction of applicable Fees.
“User” – an individual who meets all the eligibility requirements set in these Terms of Use and that opens and holds an Account, thereby agreeing to these Terms of Use.
“User Account” – an Account opened and held in the User’s name and enabled to send payments to and to receive payments from other Users and Business Entities.
“Website” – the website branded and referring to domain www.xoocash.com The term “Website” also includes reference to a Mobile Application in these Terms of Use, when applicable.
“You”, “Your” – you, the User, that opens and holds an Account, thereby agreeing to these Terms of Use.

3. Scope

3.1. These Terms of Use and any other terms and conditions mentioned in it constitute and create a legally binding agreement between You and Company as a legal basis for opening, using and maintaining Your Account and using, rendering and receiving other Our Services.

3.2. These Terms of Use are effective and form a legally binding contract once You have agreed to them by ticking the “I have read and agree to the Terms of Use” check box on the Website, as required on the Website.

4. Contacting Us

4.1. If You have any questions about these Terms of Use or any of Your dealings with Company, You can contact Our Customer Support Service:

via the “Contact” page on the Website www.xoocash.com

5. Account and Our Services

5.1. Account is an online account enabling You to hold, transfer and receive eMoney. If you pay applicable Fees and comply with these Terms of Use, You may use Your Account for receiving eMoney transfers from other Users and Business Entities and You may purchase eMoney to be issued and credited to Your Account so that You may make eMoney transfers to other Users and Business Entities. In addition, You may redeem eMoney from Your Account by using various payment instruments ensured by third parties (financial institutions or associations and other payment service providers) and which We make available to You but in any case including the possibility to redeem eMoney for funds in the Currency of the Account by transferring funds to Your bank account.

5.2. By accepting these Terms of Use You accept and agree that:

We are not a bank.
An Account is not a bank account.
An Account is not insured by any government agency. This means that, in the unlikely event that We are unable to satisfy claims against Company in relation to eMoney held in Your Account, there is no Financial Services scheme to compensate You.
We do not act as a trustee, fiduciary or escrow holder regarding the balance on Your Account.
We do not pay You interest on any balances on Your Account.
You are responsible at Your own expense to ensure that Your computer systems and information technology solutions and available payment instruments are suitable for receiving Our Services.

6. Applying for and opening an Account

6.1. To begin using our Services, You open an Account by registering as described on the Website. As part of Your application, You must agree to these Terms of Use.

You may not open more than one Account without prior approval from Company.

We may close, without notice, any or all of the Accounts of an Authorised User who has, or whom we have reasonable grounds to believe has, unauthorised multiple Accounts.

6.2 You undertake and obligate to maintain your Account details updated at all times, including but not limited to: full name, address, email address, phone number, credit card or bank account information.

6.3 You must only use your Account for personal purposes and not as a means to trade or run a business unless, in certain circumstances as determined by us, we give our prior written consent for you to do so.

6.4 You must use your Account in accordance with these Customer Terms including, but not limited to, refrain from committing any Account Violations such as:

• Using the Account for any Prohibited Transaction;

• Using the Account in any deceptive, fraudulent, inappropriate or false manner;

• Using the Account in any way and for any purpose which may violate laws or regulation which apply to the Authorised User or to relevant jurisdictions, and specifically but not limited to applicable financial legislation and regulation.

6.5. Within 14 calendar days of the date of opening Your Account, You may close Your Account free of charge by notifying Our Customer Support Service of Your decision. Transactions and applicable Fees for the Transactions executed before You close Your Account, including those Transactions that are initiated and consented (confirmed) by You but not being executed by Company before closure of Your Account, will not be refunded according to these Terms of Use.

7. Eligibility

7.1. In order to use Our Services:

You must open an Account in line with instructions We give You during the application process.
You must give all information that We ask for during the application process on the Website.
You must be at least 18 years old and of the age of majority in Your country of residence. By opening an Account You declare that You comply with these rules. We may require You at any time to give evidence of Your age.
You must maintain an effective address, phone number, and e-mail address that belongs to You and all of which You are permitted to use for receiving Our Services.

7.2. All information that You provide during the application for Our Services or at any later time must be true, accurate, complete and up-to-date. We are not liable for loss arising out of Your failure to do so. You undertake not to provide false, inaccurate, incomplete, out-dated or misleading information. You undertake not to provide details relating to a name, last name, address, credit/debit card or bank account that You are not legally authorised to use.

7.3. You may only open an Account if it is legal to do so in Your country of residence. By opening an Account You represent and warrant to Company that Your opening and using an Account does not violate any law applicable to You in Your country of residence. You will indemnify Company against losses We incur in connection with a breach of this requirement.

7.4. You will only be able to use Our Services after You let Company have all information and documents necessary for rendering Our Services and You pass Our identity and security validation and verification checks. These may entail a request for further information and documents under anti-money laundering regulations and other mandatorily applicable laws and Our internal procedures.

8. Account security

8.1. When You open an Account, You choose and fill in a unique and strong password and password recovery information. We advise You not to choose a password or password recovery information that someone might know or easily gather about You.

8.2. Activities with Your Account and at Your Account profile will be regarded as valid after Your Account was successfully accessed by correctly entering Your login user name, password and, if You use a two-step verification system (strong customer authentication) then also authentication data as required.

8.3. You are solely responsible for keeping Your Login Details and other credentials and information and/or documents specific to Your Account confidential and in a safe and secure place at all times and You must never disclose them to a third party. It is advisable to change the password to Your Account regularly, at least every 3 (three) to 6 (six) months, in order to reduce the risk of a security breach in relation to Your Account.

8.4. If You have any indication or suspicion that Your Login Details or other security credentials on Your Account are lost, stolen, misappropriated, used (or attempted to be used) without authorisation or otherwise compromised without Your authority, You are advised to change Your password immediately. You must contact Our Customer Support Service immediately on suspecting or becoming aware of the loss, theft, misappropriation, unauthorised use or attempted use of Your Account, Login Details or other security credentials of Your Account without Your authority. Once We receive notification from You, We will suspend functionality of Your Account and prevent anyone from using it. We will administer and retain all data on suspension of Your Account on the basis of Your notification for 18 (eighteen) months. We will let You have information about receipt of Your notification on Your written request and before expiration of the 18 (eighteen) month term.

8.5. You must take all reasonable care to ensure that Your e-mail address is secure and only accessed by You, as Your e-mail address may be used to reset the password of Your Account and We may use it to communicate with You about the security of Your Account.

8.6. In order not to compromise the security of Your Account, You must always ensure that Your Login Details are not stored by the browser or cached or otherwise recorded.

9. Purchase of eMoney

9.1. In order to purchase eMoney, You must enter Your login user name, password and, If You use a two-step verification system (strong customer authentication) then also authentication data as required, in the “Login Page”, press the “Log in” button on the Website and follow the instructions for use of payment instruments. You may be asked to answer security questions or to complete other activities that we may reasonably require to ensure proper authorisation of a Deposit.

9.2. In order to purchase eMoney, You must at Our request let us have the required information, including passing all identity and security validation and verification checks. Depending on Your country of residence and/or chosen payment instrument, We may limit the amount of eMoney permitted to be purchased.

9.3. We are not responsible for issuance of eMoney until We receive funds for purchase of the appropriate amount of eMoney. eMoney purchased will be credited to Your Account without delay once We receive funds to be paid for the particular eMoney purchase. We do not undertake liability for losses incurred by anyone due to the reversed transaction.

9.4. The amount of eMoney purchased to be credited to Your Account is equal to the funds at the par value of eMoney received from the payment account or payment instrument chosen by You, after deduction of any applicable Fees. You authorise Company to obtain or receive funds on Your behalf from the payment instrument or payment account chosen by You, plus applicable Fees, and then issue eMoney to Your Account. The electronic money will be credited to your Account, after the funds have been received by us and subject to deduction of the applicable fees and conversion fees, as detailed in the Website. Some Deposits may be credited to your Account immediately but are subject to reversal in case the actual funds do not reach Company within a reasonable time in which case we will deduct the funds from the balance of your Account. If your Account balance is insufficient, we reserve the right to require repayment from you. If you choose to make a Deposit through an account at your financial institution, you must ensure that this account has sufficient funds. If there are insufficient funds to clear the Deposit, we may debit the applicable insufficient funds charge and such uncleared payment from your Account, obtain it from your designated financial institution or otherwise collect it from you.

9.5. We will make available to You details of all Fees and a breakdown of Fees, if applicable, charged by Company and payable by You. When using Our Services, You may also have to pay applicable fees of third parties (financial institutions or associations or other payment service providers). We cannot make available details of fees that may be charged by these parties, and, by agreeing to these Terms of Use, You confirm that You have understood this.

9.6. You acknowledge and agree that all eMoney purchases are final and not reversible. We cannot arrange for the payment account or payment instrument chosen by You to be refunded after You have requested and consented to execution of an eMoney purchase which You believe was made in error. However, in that case You may be able to redeem eMoney under these Terms of Use.

10. Chargebacks

10.1. If You chose a payment instrument for eMoney purchase that is subject to a chargeback right, You agree that You will not exercise the chargeback right and will not chargeback any eMoney purchase You made by using that payment instrument and that was credited to Your Account other than on occasions, where We did not fulfil Our obligations under these Terms of Use, which would result in You having the right to a refund of eMoney purchased. You may not chargeback any eMoney purchase or allow a chargeback of any eMoney purchase, including, but not limited to, disputes with Business Entities for non-delivery of goods or services or insufficient balance on the payment instrument account.

10.2. Without limiting Our rights or remedies under these Terms of Use or any applicable law, if You cancel, chargeback or reverse an eMoney purchase, You are responsible for paying Company funds equal to the par value of the eMoney purchased, plus applicable Fees.

11. Uncleared funds and payments, negative balance on an Account

11.1. Certain eMoney purchase options may entitle You to have eMoney credited to Your Account before Your payment for eMoney purchase and applicable Fees are cleared by Your designated financial institution or association or other payment service provider. In that case We may periodically present these uncleared payments to Your financial institution or association or other payment service provider, as applicable. In addition, We may debit insufficient funds and uncleared payments from Your Account, obtain them from Your designated financial institution or association or other payment service provider, as applicable, or collect them from You in other ways.

12. Using an Account for eMoney Transactions

12.1. In order to authorize eMoney Transactions, You must enter Your login user name, password and, if You use a two-step verification system (strong customer authentication) then also authentication data as required in the “Login Page”, press the “Log in” button on the Website and follow the procedure for executing Transactions.

12.2. We will process and execute any Transaction, which is authorised, initiated and consented by You according to procedure for making Transactions set forth on the Website and in these Terms of Use.

12.3. A Transaction will be regarded as initiated by You when You insert the information required in a form of payment order available on the Website and submit it to Company by following the procedure on the Website.

12.4. We will confirm receipt of Your payment order as soon as practically possible by requiring You to give Your consent to the Transaction. However, if the day of receipt of Your payment order is not a Business Day We may confirm receipt of Your payment order on the following Business Day after You submitted it to Company by requiring Your consent to the Transaction.

12.5. You may not revoke Your request to execute a Transaction once You have consented to execute (confirmed) the Transaction. You may revoke Your request to execute a Transaction until You consent to execute (confirm) the Transaction but We may charge You a Fee for revoking the Transaction.

12.6. You are fully responsible for payment orders You give to Us. If a Transaction is executed in line with a payment order consented to (confirmed) by You, You acknowledge and agree that the Transaction was correctly executed by Us. You acknowledge and agree that all executed Transactions are final and not reversible unless We agree to reverse them or unless We must reverse a specific Transaction on the basis of a lawful and grounded request from You or unless reversal is necessary to fulfil Our mandatory obligation under any applicable law or these Terms of Use.

12.7. We may refuse to execute a Transaction if You have not fulfilled these Terms of Use or if execution of the Transaction would be unlawful or when, in exceptional circumstances, despite Our efforts, it is not possible to execute the Transaction according to these Terms of Use or any applicable law. 12.12. If during processing of the Transaction You are asked to provide a recipient’s e-mail address, You must take great care to type this information correctly. We use the recipient’s e-mail address as a unique identifier to determine the intended recipient of the payment order that You require Company to process and execute. Other information You provide along with the recipient’s e-mail address may be disregarded and We will not be liable for any error You make when entering the recipient’s e-mail address.

12.8. We may impose limits on the amounts and frequency of Transactions that You may request Company to execute.

13. Receipt of eMoney transfers

13.1. The amount of an eMoney transfer sent to You will be credited to Your Account after deduction of any applicable Fees. If eMoney transferred to You is reversed by the sender before the amount of eMoney is placed to the credit of Your ecoAccount, the amount of the transfer will be returned to the sender and no Fees will be charged to You.

13.2. You acknowledge and agree that all receipts of eMoney transfers in Your Account are final and not reversible unless We agree to reverse a specific eMoney transfer on the basis of a lawful and grounded request by You or the sender or unless reversal is necessary to fulfil Our mandatory obligation under any applicable law or these Terms of Use or the Terms of Use for the Business Entity Account.

14. Redeeming eMoney

14.1. You may redeem all or any part of the eMoney in Your Account (excluding amounts that have not been cleared by Your financial institution or association or other payment service provider) at par value in the Currency of the Account by choosing one of the redemption methods available to You in Your country of residence as set out on the Website. You will be able to redeem any uncleared amount once it is cleared.

14.2. Your Account is not subject to redemption limits. However, the eMoney in Your Account should be sufficient to cover Fees applicable to redemption, if any. Depending on the redemption method You choose, Fees may be applicable for executing Your redemption request if You request redemption before You terminate these Terms of Use or more than 1 (one) year after the date of termination of these Terms of Use. In that case Fees are deducted from the balance on Your Account before or on execution of the redemption request.

14.3. You must ensure that the payment details You enter when redeeming eMoney for funds are correct and complete. We are not liable for sending funds to the wrong payment account or payment instrument because incorrect payment details were provided. It is Your responsibility to ensure that the payment details provided by You, including, but not limited to, name, account number, sort codes, IBAN and/or BIC/SWIFT, are correct. If You redeem eMoney for funds to a wrong payment account or payment instrument, You may ask Company to assist You in reclaiming funds. However, We cannot guarantee the success of these efforts. We may charge You Fees for assistance.

14.4. Where You receive payment of funds at the par value of redeemed eMoney through the involvement of a third party – another payment service provider, for example, a bank at which You hold a payment account, We will not be responsible for placing funds at the par value of redeemed eMoney to the payment account or payment instrument chosen by You once We have transferred the funds to the relevant payment service provider.

15. Information on activities with an Account

15.1. You may check the balance on Your Account by logging in to Your Account on the Website. We do not charge fees to You for checking the balance on Your Account on the Website.

15.2. We will make information available to You on the Website about Transactions, transfers and redemptions of eMoney, Fees applied and other information concerning Your use of Your Account.

15.3. Depending on Your request, statements made available by Company about Transactions may include:

identification number (assigned by Us) for executed Transactions;
details of recipients;
Transaction amounts;
currency of Transaction amounts and, where applicable, the currency exchange rate applied to Transactions and Transaction amounts after currency conversion;
Fees applied to Transactions and, where applicable, a breakdown of Fees;
Transaction execution dates or, where applicable, dates of receipt of Your requests to execute Transactions.

16. Prohibited Transactions

16.1. It is Your sole responsibility to ensure that You do not use Our Services for a Transaction that may be considered illegal in Your country of residence.

16.2. You must not engage in any of the following:

use Services to obtain a cash advance from Your credit/debit card (or assist others to do so);
use Services in a manner that may result in abuse of a bank’s reversal process, credit card system or violation of credit card association rules;
use Services for any purpose contrary to laws, contracts, statutes or regulations that apply to You, including without limitation those concerning money laundering, fraud, criminal activity, financial services, unfair competition or consumer protection;
send unsolicited e-mail or similar methods of mass messaging (spam);
tamper, hack, modify, damage, interfere with or otherwise corrupt the security or functionality of Services, or attempt to do so;
infringe Our or a third party’s intellectual property rights; and
refuse to cooperate in an investigation to confirm Your identity or information You provide to Company or refuse to let Company have information or documents that We may receive from You under any applicable law and these Terms of Use.

17. Fees

17.1. You are responsible for paying all applicable Fees. Applicable Fees appear under “Fees & limits” in the menu bar on the Website, however, not all Fees might be provided there. Applicable Fees might also be provided on Your Account profile once You access it.

17.2. When using Our Services, You may also have to pay applicable third party fees (financial institution or association or other payment service providers). We cannot make available details of fees charged by third parties and We cannot be held liable for these fees. By agreeing to these Terms of Use, You confirm that You have understood this.

18. Liability

18.1. If You notify Company without undue delay and in any event no later than 13 (thirteen) months after the debit date of becoming aware of the existence of a Transaction which was defectively executed without observing Your payment order submitted to Company under these Terms of Use (“Incorrect Transaction”) or of the existence of Your payment order in regard of which the amount was debited from Your Account but which We did not execute under these Terms of Use due to Our gross negligence (“Non-executed Transaction”), You will receive without undue delay a refund of the Incorrect Transaction or Non-executed Transaction including all Fees deducted therefrom and We will restore the balance on Your Account to reflect what it would have been in had the Incorrect Transaction or Non-executed Transaction not taken place unless We can prove that We executed the disputed Transaction according to Your payment order and these Terms of Use.

18.2. We will refund a Transaction, including all Fees deducted therefrom, that We execute without Your authorization under these Terms of Use (“Unauthorised Transaction”) and, where applicable, We may restore Your Account to reflect the status it would have been in had the Unauthorised Transaction not taken place by ensuring that the credit value date of Your Account is no later than the date on which the amount of the Unauthorised Transaction was debited from Your Account. In that event We will do so as soon as practically possible and in any event no later than by the end of the following Business Day after You notify Company of the Unauthorised Transaction, if all the following conditions are met:

You notify Company without undue delay and in any event no later than 13 (thirteen) months after the debit date of becoming aware of the existence of the Unauthorised Transaction;
We do not have reasonable grounds to suspect fraud or some other criminal offence and We have not communicated those grounds to the relevant government authority or recognised crime-prevention body;
the Unauthorised Transaction has not arisen from Your failure through intent or gross negligence to keep Your Login Details or other security credentials of Your Account safe and secure under these Terms of Use;
none of the circumstances set forth in Section 18.5 of these Terms of Use occurred.

18.3. You will bear all losses relating to any Unauthorised Transaction executed by Us, if:

You acted fraudulently;
You failed intentionally or due to Your intent or gross negligence to keep Your Login Details or other security credentials of Your Account safe and secure;

18.4. If an Incorrect Transaction, Late Transaction or Non-executed Transaction occurs, then and upon receipt of Your request We will assist in tracing the Incorrect Transaction, Late Transaction or Non-executed Transaction and will notify You of the outcome, free of charge.

18.5. In no event will We, Our employees, affiliates, subsidiaries, agents or subcontractors be held liable or responsible in any way to You or a third party for indirect, special, consequential, punitive or incidental damages, loss of opportunity, loss of profits, loss of use of data, interruption of business, and/or loss of reputation, whether based on negligence, wilful misconduct, tort (non-contractual liability), contract (including without limitation fundamental breach or breach of a fundamental term) or any other theory of law. We will not be liable or responsible in any way for losses arising from Our compliance with legal and regulatory requirements. We will not be liable for assessing or paying taxes, duties or other charges that arise from the underlying Transactions between You and Users.

18.6. You are fully responsible for goods or services bought or sold by You that are settled through Your use of our Services. We disclaim liability and We will not be held liable or responsible at all for the quality, safety, legality or delivery of goods sold to You or purchased by You or services received or provided by You in return for eMoney paid for through our Services, including charges, taxes or other duties in relation to goods or services, nor do We provide a warranty or guarantee for those goods and services.

18.7. You agree to indemnify Us, Our employees, affiliates, subsidiaries, agents and subcontractors from and against claims brought by third parties against Us, Our employees, affiliates, subsidiaries, agents or subcontractors relating to Your use of Our Services with respect to claims, losses, damages, expenses and liabilities suffered or incurred by Us, Our employees, affiliates, subsidiaries, agents or subcontractors as a result of Your breach of these Terms of Use or any applicable law. This provision survives termination of the legal relations between You and Us.

18.8. We do not undertake and We do not have any liability for the Third Party Provider’s actions, except to the extent it may not be excluded under the relevant applicable law.

19. Warranties and disclaimers

19.1. We will do our best to ensure that requests for debits and credits involving bank accounts are processed in a timely manner. However, a number of factors, several of which are beyond Our control, may contribute to when processing is completed. We make no representations or warranties as to the amount of time needed to complete processing for reasons beyond Our control, such as delays caused by other payment service providers or Your local mail service.

19.2. We assume that before opening an Account, You have established that opening and maintaining an Account does not violate the law in Your country of residence. You warrant that You are not violating any applicable law by Your use of Our Services and You agree to indemnify Us, Our employees, affiliates, subsidiaries, agents and subcontractors, from any and all liability that might arise from Your use of Our Services in violation of any law.

19.3. Neither We or any of Our affiliates, subsidiaries, agents or subcontractors are responsible for any claim, loss or damage suffered or incurred by You or any third party, unless it was caused as a direct result of Company or any of Our affiliates, subsidiaries, agents or subcontractors acting fraudulently or as a direct result of Our or any of Our affiliates, subsidiaries, agents or subcontractors gross negligence, or under legal and regulatory requirements. Under no circumstances will We be liable for any claim, loss or damage caused or alleged to be caused by any of the following:

errors committed by You or any other User or Business Entity in providing a payment order for a Transaction or request for a receipt, transfer or redemption of eMoney;
use of Your Account by a person that correctly entered Your Login Details and accessed Your Account without Your authority (but see the exceptions in Section 18 of these Terms of Use);
fraudulent or wrongful acts due to Your failure through intent or gross negligence;
fraud or misrepresentation committed by another User or Business Entity, even if the User or Business Entity passed all identity and security validation and verification checks;

19.4. Notwithstanding anything else set in these Terms of Use, Services are provided “as is”. We make no representations or warranties of any kind, whether express, implied, statutory or otherwise about Services, including, without limitation, any warranty that Services will be uninterrupted, error-free or free of harmful components, or that any information and data, including Your data, will be secure or not otherwise lost or damaged. Except to the extent prohibited by any applicable law, We disclaim all warranties, including implied warranties of merchantability, satisfactory quality and fitness for a particular purpose, non-infringement, or quiet enjoyment.

20. Security validation and verification checks

20.1. You acknowledge that certain Transactions or options for receipt, purchase, transfer or redemption of eMoney:

require different types of identity and security validation and verification checks, including use of third party validation and verification systems, and You agree to submit to these checks if You choose an option to which these checks apply; and
if applicable, impose certain minimum or maximum limits.

20.2. We may validate and verify any information or data You give Us.

21. Privacy

21.1. Our Privacy Policy forms part of these Terms of Use. By accepting these Terms of Use, You also agree to the Privacy Policy available on the Website. You should review the Privacy Policy before agreeing to these Terms of Use.

21.2. You acknowledge and accept that:

when speaking to members of Our Customer Support Service, Your call may be monitored and/or recorded for quality assurance, security and fraud detection purposes;
for fraud and security purposes We keep Your records even after Your Account is closed;
for identity validation and verification purposes, We may make the following information available to authorized third parties and other Users and Business Entities to which You transfer eMoney or from which You receive eMoney transfers: Your name and last name, Account number, legal jurisdiction, address, phone number, e-mail address, and/or IP address.

22. Suspending and closing an Account

22.1. You may close Your Account upon a 1 (one) month prior notice to Us. To do so, You must notify the Customer Support Service of Your decision to close Your Account. At Your request We may agree to close Your Account immediately. Your Account is closed immediately if We receive notice from You that You do not agree with changes to these Terms of Use. If You close Your Account, You are responsible for cancelling pending Transactions from Your Account and any pending eMoney transfers to Your Account.

You may withdraw the balance in your Account (excluding amounts that have not cleared your financial institution) by selecting one of the withdrawal options in the page of the Authorised User Site. The Withdrawal may be subject to applicable fees. Any funds which remain unclaimed for a period of six years following the termination of an Account, shall expire and be forfeited.

22.2. Closing Your Account does not mean that We delete data (including personal data) that We hold on You. We will continue to store this data, including the Transaction history, for at least 5 (five) years or longer, if so required by any applicable law.

22.3. We may close Your Account or any payment service associated with it by giving You a 2 (two) month prior notice.

22.4. We may at Our discretion suspend or otherwise restrict the functionality of Your Account and Your right to request Transactions and receive eMoney transfers or close Your Account at any time including but not limited to for any of the following reasons:

We suspect unauthorised or fraudulent use of Your Account or that Your Account has been accessed without Your authorization;
We suspect that any of the Login Details of Your Account has been compromised;
We have reasonable grounds to believe that You have seriously or persistently broken any provision of these Terms of Use;
You inappropriately let someone else use Your Account;
You give to Company false information or document(s) at any time;
We have reasonable grounds to believe that Your Account has been used in connection with unauthorised or unusual credit/debit card or bank account use, including without limitation, notice of the same by Your bank or credit/debit card issuer;
You abuse the reversal or chargeback process through Your bank or credit card company;
You refuse when requested to cooperate with an investigation or to provide adequate confirmation of identity or other identity or security information;
Your Account has been used, attempted to be used or allegedly used in or to facilitate criminal or other illegal or fraudulent activity against Company or someone else, including, but not limited to, receipt or transfer of potentially fraudulent funds or proceeds of crime;
We believe that Your Account or activities pose a security, credit or fraud risk to Company;
We are complying with money laundering or terrorist financing investigations conducted by government authorities, agencies or commissions;
You have offered threats or have been abusive to Our staff;

22.5 Our compliance with the Withdrawal request is conditioned on successful completion of all identity and security validation and verification inspections.

22.6 If your Account is not active for a consecutive period of 60 months, we may close the Account.

22.7 Notwithstanding the above, we may, at our sole discretion, restrict your access to the Account or limit any of your rights as an Authorised User, if we have found that you have within any of the circumstances stated in the “Account Violations”.

22.8 Unless prohibited, we will notify you of the termination of your Account and will return to you any undisputed funds, provided they are not related to the Violation which led to your Account’s restriction or termination.

22.9 If an Account has been closed, for any reason, you will not be able to perform any Transactions. You will be liable to pay all amounts which may have been incurred prior to the closing of the Account (including, Transactions, Payments, fees, etc.). This obligation shall survive the termination of these Customer Terms.

22.10. If You do not access Your Account for 9 (nine) months, We will close it. After closure We will attempt to notify You using the last contact details You gave Company to try to send You any funds for redemption in Your Account. If that information is not correct and We are unable to complete the payment to You, then the available balance on Your Account will remain Yours for a period of 6 (six) years from the date Your Account was closed after which eMoney credited to Your Account will be forfeited.

23. Communication

23.1. We may send communications and notices to You at the e-mail address or postal address You gave Company during the application process for opening Your Account (or as later updated by You) or to Your Account profile on the Website. You must notify Company of changes to the contact details You gave Company (Your postal address, e-mail address, telephone number). If You do not notify Company straight away of any change in these details, You may not receive information that could be important – or it could fall into the wrong hands.

23.2. We will normally send communications and notices to Your e-mail address or Your Account profile on the Website. If We send You information through the Website to Your Account profile that requires action by You or is substantial in Our opinion, We will send You an e-mail reminding You to check messages posted on Your Account profile on the Website.

23.3. All communications and notices from Company under these Terms of Use that are sent:

by e-mail will be deemed to have been given and received on the day when the e-mail was sent unless We receive an electronic indication that the e-mail was not delivered to You;
to Your Account profile on the Website will be deemed to have been given and received on the day when the message was posted on the Website;
by post will be deemed to have been given and received on the 10 (tenth) day after the date of handing over a letter to a post office for dispatch but if actually received earlier – then on the day of actual receipt.

23.4. All communications and notices between You and Company must be in English or in another language if so requested by You and if Our Customer Support Service team has a member with skills to communicate in Your preferred language.

24. Changes to these Terms of Use

24.1. These Terms of Use and additional terms and conditions that may apply to Our Services may change. We may find it necessary to change the Terms of Use due to changes in fees set by Company or due to changes in any applicable law, issuance of new laws or difficulties arising with any applicable laws, or due to the technical characteristics of Services or other objective reasons from time to time. Changes to these Terms of Use will be implemented under the procedure set forth in this Section.

24.2. We will notify You 2 (two) months before any changes to these Terms of Use are due to take effect. We will notify You by posting a notice of the changes on the Website and by sending a notification e-mail to Your e-mail address. Any changes to the Terms of Use are effective 2 (two) months after We post notice on the Website and send a notification e-mail to You. If We give You notice as set out above and You do not inform Company that You wish to terminate these Terms of Use and to close Your Account, then Your continued use of Our Services will constitute acceptance of the changes to these Terms of Use and We will treat You as having accepted the changes.

24.3. However, should You wish not to be bound by any new version of the Terms of Use, You must notify Company that You do not agree to the changes before those changes enter into force. In that event, We will treat Your notice as a notification that You immediately wish to terminate use of Services and to close Your Account and these Terms of Use will be terminated immediately without charging Fees to You.

24.4. The Terms of Use displayed on the Website will show the most recent revision date. No revision will affect a Transaction or purchase or redemption of eMoney outstanding as of the date of entry into force of the specific revision.

25. Third Party Providers

25.1. You acknowledge that if You authorise the Third Party Provider to access Your Account, We may disclose to them information about Your Account, its balance and other information related to Your use of Services, in order to enable the Third Party Provider to access and make payments from Your Account. 25.2. We may refuse to allow the Third Party Provider to access Your Account, if We have reasonable suspicions about unauthorized, unlawful or fraudulent access by that Third Party Provider.

26. Miscellaneous

26.1. These Terms of Use are a legally binding contract between You and Company for an unlimited period unless terminated as described above. These Terms of Use apply from the date when You confirm Your agreement to them on the Website by ticking the “I have read and agree to the Terms of Use” check box on the Website.

26.2. These Terms of Use end before term upon closure of Your Account and settlement of all debts to Company in full.

26.3. You may not transfer, assign, subcontract or delegate Your rights, duties or obligations under these Terms of Use. We may without Your consent transfer and assign these Terms of Use or rights or obligations arising under them, subcontract and use the services of one or more of Our affiliates, subsidiaries, agents or subcontractors in order to fulfil Our obligations.

26.4. You acknowledge that any and all rights, title and interests in and to all of the material and results, and all intellectual property rights (including, but not limited to, all patents, inventions, trademark rights, copyrights and neighbouring rights, rights in software and database rights, design rights, trade secrets and know-how including the rights to registration and application for these rights) (“Intellectual Property Rights”) embodied in, associated or used with Our Services, Account and any payment instrument or solution We offer shall be and shall remain the sole and exclusive property of Us. You must not during or at any time after the termination of these Terms of Use in any way directly or indirectly dispute or contest Our ownership of the material and results, and the Intellectual Property Rights referred under this Section. 26.5. These Terms of Use are governed by the laws of United Kingdom. All disputes arising out of or relating to these Terms of Use will be resolved at first under the Complaints Policy. A dispute that is not resolved under the procedure set in the Complaints Policy will be resolved exclusively by the United Kingdom Courts except where any mandatorily applicable law requires a specific dispute to be exclusively resolved by the courts of another jurisdiction.

26.6. Our failure to exercise or enforce a right under these Terms of Use does not amount to a waiver of that right or operate to bar the exercise or enforcement of that right in the future.

26.7. These Terms of Use constitute the entire agreement between You and Company with respect to the subject matter of the Terms of Use and supersede and replace all prior agreements.