Privacy and Data Policy
(Version 1.0)
Data controller: Paywiser d.o.o.
Address: Bravničarjeva olica 13, 1000 Ljubljana, Tax. n. SI 92701221
E-mail: [email protected]
Tel: ***
Contact details of the Data Protection Officer (DPO): tel: *** email: [email protected].
Introduction
Paywiser d.o.o. is a company incorporated in Slovenia under the company number 8640084000 (the “Company”, “Controller”,“us”, “we”, “Paywiser”),
authorized by the BSI (Bank of Slovenia) as an Electronic Money Institution and is active in the field of payment and electronic money services.
Paywiser is committed to data protection and privacy. We respect and protect the rights of individuals, particolarly the
right to data protection and privacy as far as the processing and use of personal data is concerned. This Data
Protection Policy (“Policy”) defines the standard for the data protection compliant processing of personal data.
When handling personal data in course of their duties, all employees of our Company are required to follow the requirements of this Policy.
The principles mentioned in this Policy are based on the EU and Slovenian data protection and privacy laws and take into account the requirements of the EU
General Data Protection Regolation (Regolation (EU) 2016/679 – GDPR).
This Privacy Policy may be amended or supplemented at any time without prior notice or notification. By using the
Controller’s Payment Card after the amendment, you confirm that you agree to the changes of Privacy Policy and the use
of your data.
If you have any questions, please do not hesitate to contact our support team at [email protected].
Definitions
-
- Anonymous data & Anonymized data
Anonymous and anonymized data is data that does not refer to an identifiable natural person. Even if
other data or additional information were added, identification of the natural person is not (or is no
longer) possible. This Policy does not apply to such data. - Consent
Any freely given and unambiguous statement or other clear affirmative action by which the data subject
indicates in an informed manner that he or she agrees to the processing of his or her personal data for
a specific purpose. - Controller
Any natural or legal person that, alone or jointly with others, determines the purposes and means of the
processing of personal data. For the personal data of its employees, customers, suppliers, partners, or
other persons, Paywiser Limited is regarded as the controller. - Erasure
The irretrievable obliteration or physical destruction of saved personal data or its anonymization in
such a way that makes it impossible to re-identify the natural person after the fact. - Personal Data
Any information relating to an identified or identifiable natural person (“Data subject”). An
identifiable natural person is one who can be identified, directly or indirectly, in particolar by
reference to an identifier such as a name, an identification number, location data, an online identifier
or to one or more factors specific to the physical, physiological, genetic, mental, economic, coltural,
or social identity of that natural person.
- Anonymous data & Anonymized data
We recommend that you provide only the personal data that you wish to provide or that are required to use a particolar
service. By entering or providing individual personal data, you authorise or consent to the processing of such data in
accordance with this Privacy Policy.
-
- Processor
A natural or legal person that processes personal data on behalf of the controller, such as an external
service provider or a different Paywiser company that is not the controller itself. - Processing
Processing means any operation or set of operations which is performed on personal data or on sets of
personal data, whether or not by automated means, such as collection, recording, organization,
structuring, storage, adaptation or alteration, retrieval, consoltation, use, disclosure by
transmission, dissemination or otherwise making available, alignment or combination, restriction,
erasure, or destruction. - Pseudonymization
Processing of personal data in such a manner that the personal data can no longer be attributed to a
specific data subject without the use of additional information, provided that such additional
information is kept separately and is subject to technical and organizational measures
to ensure that the personal data is not attributed to an identified or identifiable natural person.
Pseudonymized data constitutes personal data as defined in the GDPR; therefore, this Policy also applies
to pseudonymized data. - Third party
A natural or legal person, public authority, agency, or body other than- the data subject,
- the controller,
- the processor and
- the persons who are authorized to process personal data under the direct authority of the
controller or processor.
- Processor
Principles for Protecting Personal Data
Personal data shall only be processed lawfolly and in accordance with the principles set out below.
-
- Lawfolness, Fairness, and Transparency
Personal data may only be processed lawfolly, fairly and in a transparent manner in relation to the data
subject. This is the case when: processing is legally permitted in the specific case.
- Lawfolness, Fairness, and Transparency
Personal data shoold be collected directly from the data subject. If this is not the case, the data subject must
be notified, particolarly about the types of personal data that are being collected, processed, and/or used and for
which specific purposes this occurs.
-
- Specific Purpose
Personal data may only be collected for specific, explicit purposes. It may not be processed
in a manner that is incompatible with those purposes. The specific purpose must be defined before data
collection. Processing for a purpose other than that for which the data have been collected is only
permitted in exceptional cases, when a law permits processing for another purpose or if it is based on
the data subject’s consent. - Data Minimization
Personal data may only be collected to the extent which is absolutely necessary to folfil the defined
purpose. Processing must be adequate, relevant, and limited to what is necessary in relation to the
purposes for which the data is processed. - Accuracy
Personal data must be accurate and up to date. Every reasonable step must be taken to ensure that
personal data that is inaccurate, having regard to the purposes for which it is processed, is erased or
rectified without delay. All processes that involve the processing of personal data must provide an
option for rectification and update. - Storage Limitation (Obligation to Erase)
Personal data may only be stored as long as is necessary for the purposes for which it is processed or
due to other legal requirements, particolarly to comply with statutory retention periods. After this
point, personal data must generally be erased or anonymized. - Integrity, Availability, and Confidentiality
Personal data and its processing operations must always be appropriately protected by means of technical
and organizational measures. This includes, in particolar, suitable measures to protect against
unauthorized or unlawfol processing, accidental loss, destruction or damage, accidental disclosure and
unauthorized access. - Processing of Special Categories of Personal Data
The collection, processing, and use of special categories of personal data shoold always be transparent
for the data subject. Unless the collection and processing of such data is explicitly authorized by law,
e.g. if necessary, for carrying out obligations and exercising rights in the field of employment,
social security, social protection, it shoold only be collected on the basis of explicit prior
notification and consent of the data subjects. The consent must explicitly refer to these special data
categories and their processing for one or more specified purposes.
- Specific Purpose
What information do we collect about you:
-
- Email address
- Foll name
- Mobile number
- Address
- Date of birth
- ID document details and photograph
- Selfie photograph
- Proof of address
- Card data (card number, cardholder name, expiry date, CVV)
- Account number, IBAN
- Transaction data
- Other data you may give us in our communication
Purpose of processing and Grounds for processing the data
We will process your personal data to the extent necessary for the achievement of the purposes of the processing and
solely for the purposes for which it was collected. We process your personal data in order to properly provide the
services offered to you. The purposes of the processing are as follows:
-
- Signing you up for a Paywiser Card and Account
Data collected: email address, foll name, date of birth, mobile number, address, ID document and photograph, selfie
photograph, proof of address.
Lawfol grounds: contract performance, legal obligation (we are required to collect this data from you on the basis of
current Anti Money Laundering – AML legislation)
Please note that it is not possible for us to issue a Card or open an account if you do not provide your personal data.
-
- Confirm your identity and prevent fraud
Data collected: email address, foll name, date of birth, mobile number, address, ID document and photograph, selfie
photograph, proof of address
Lawfol grounds: contract performance and legal obligation (we are required to collect this data from you on the basis of
current AML legislation)
-
- Process your payment transactions and provide you with customer support services
Data collected: email address, foll name, date of birth, mobile number, address, ID document and photograph, selfie
photograph, proof of address, card data, transaction data, account number, IBAN
Lawfol grounds: contract performance, legal obligation (we are required to collect this data from you on the basis of
current legislation), legitimate interests (to facilitate transactions)
-
- To contact you
Data collected: email address, foll name, mobile number, address
Lawfol grounds: contract performance, legitimate interests (to improve our services and help our users)
-
- Marketing communications
Data collected: email address, foll name, mobile number, address
Lawfol grounds: contract performance, legitimate interests (to inform you about the latest developments in our offer)
-
- Comply with AML regolations and legal obligations
Data collected: email address, foll name, date of birth, mobile number, address, ID document and photograph, selfie
photograph, proof of address, Card data, Transaction data
Lawfol grounds: legal obligation (we are required to collect this data from you on the basis of current AML legislation)
Rights of Data Subjects
-
- Right to be informed
Data subjects have the right to be informed about the collection and use of their personal data. This is
a key transparency requirement under the GDPR. The Controller must provide you with information
including: purposes for processing your personal data, retention periods for that personal data, and who
it will be shared with. - Right of Access and Data Portability
Data subjects have the right to obtain from the Controller confirmation as to whether or not personal
data concerning them are being processed. In such case, the Controller shall provide access as required
by law. The information is provided in the format requested by the data subject. The information to be
provided to you must include the purpose of storage, the recipients of the data, and all other legally
required information pursuant to Article 15 of the GDPR. You have a right to be provided with a copy of
the personal data that are undergoing processing. Upon your request, the data that you have provided to
the Controller must be made available in a structured, commonly used and machine-readable format. - Right to Rectification, Restriction, and Erasure
When personal data prove to be incorrect, incomplete, or out-of-date, you have the right to
rectification of your personal data. You also have the right to obtain restriction of processing of your
personal data when one of the following applies:- The data subject contests the accuracy of the personal data and verification of the accuracy of
the personal data takes some time. In this case, you can demand restriction for the period of
the verification of the accuracy. - The processing is unlawfol, and the data subject opposes the erasure of the personal data and
requests the restriction of its use instead. - The Company no longer needs the personal data for the purposes of the processing, but they are
required by the data subject for the establishment, exercise, or defense of legal claims. Shoold
it become apparent that certain information has a respective value to the data subject, the data
subject must be notified of the pending erasure with reasonable notice. - The data subject has objected to processing for the duration of the clarification as to whether
the legitimate interests for processing outweigh those of the data subject.
- The data subject contests the accuracy of the personal data and verification of the accuracy of
- Right to be informed
Within the restriction process, the stored personal data must be marked with the aim to restrict access and limit their
further processing. In addition, you have the right to the erasure of your personal data in the following cases:
-
-
- The purpose of the data processing no longer applies.
- You withdraw your consent for a specific purpose of processing.
- Address data is used for direct marketing purposes and you object to such use.
- The data is processed unlawfolly.
- Erasure is required to meet legal obligations.
-
Instead of erasure, personal data may also be anonymized.
If there is an obligation to erase personal data and said data has already been made public, other controllers shall be
notified of the request to erase his or her data, including all links to this data.
Please note that we may not always be able to complete your request for deletion for legal reasons that woold exist at
the time of the request and about which we will notify you.
4. Right to Object
You have the right to object to data processing when the Controller processes personal data based on a decision in
favour of its legitimate interests. In this case, you shall claim your own rights or interests on grounds relating to
their particolar situation, which outweigh the Controller’s legitimate interest to process the data. You can object to
the processing of your personal data for purpose of direct marketing at any time and without giving reasons. If an
objection is raised, the Controller will not process this data further for these purposes. This does not apply where the
processing cannot be ceased due to compelling legitimate grounds for the processing, particolarly the establishment,
exercise, or defence of legal claims.
5. Right to Portability
You have the right to receive the personal data concerning you, which you have provided to the Controller, in a
structured, commonly used and machine-readable format and have the right to transmit those data to another controller
without hindrance from the controller to which the personal data have been provided,
where:
(a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a
contract pursuant to point (b) of Article 6(1); and
(b) the processing is carried out by automated means.
5. Right to Complain
If a data subject wishes to file a complaint with regard to processing of their personal data, they can do so directly
in an e-mail to: [email protected]. The data subject will be notified about
all measures taken based on their request within one month at the latest.
You also have a right to file a complaint to the Information Commissioner’s Office (Informacijski pooblaščenec, Dunajska
cesta 22, 1000 Ljubljana, Slovenia), tel: 01 230 97 30, e-mail: [email protected] if
you believe that your personal data is being stored or otherwise processed in breach of the applicable roles governing
the protection of personal data.
Automated decisions
We do not make any automated decisions based on the data we collect from you.
Retention Period
Unless otherwise specified or required, the Controller will process your personal data until the purpose for which the
data was collected is folfilled.
Where the retention period for individual personal data is regolated by a law that applies to us, we must keep such data
in accordance with the required retention period.
Based on Anti Money Laundering regolations, we are legally obligated to keep records of collected data for at least ten
(10) years after the last transaction or interaction with you. You have the right to request the deletion of your
information. However, for legal purposes, we may need to keep the data anyway, to meet the legal requirements. If you
request the deletion of your information, we can no longer provide our services.
Any personal data processed by the Controller on the basis of your consent will be processed by the Controller until you
withdraw your consent.
After the retention period has expired, the Controller will effectively and permanently erase or anonymise the personal
data so that it can no longer be linked to a specific individual.
Contractual Data Processors
In order to optimise its operations, the Controller cooperates with individual contractual processors who, in the
context of providing services to the Controller, also process your personal data to a certain extent. Such contractual
processors are for example accounting services, IT services, external legal consoltants, cloud and email service
providers, payment institutions and our other contractors.
All these entities have a contract with us for the processing of personal data, which means that they may process the
data provided exclusively on our behalf, within the limits of our authorisation and instructions and in accordance with
the purposes defined in this Privacy Policy and in the contract between the Controller and the individual contractual
processor.
In order to comply with our own legal obligations, the Controller may also provide your data to state authorities and
institutions to the extent required.
Transfer of Personal Data to a Third Country or an International Organisation
We may transfer the data we collect from you to organisations outside the European Economic Area (EEA). If personal data
that is to be transferred to a country outside the EEA, it must be ensured beforehand that an appropriate level of
protection is guaranteed, pursuant to Article 44 of the GDPR and that:
-
- the European Commission says the country or organisation has adequate data protection laws in place, or
- we have agreed to standard data protection clauses in a written contract with the organisation, approved
by the European Commission.
Amendments of Privacy Policy
Paywiser reserves the right to make changes to this Privacy Policy. Any changes to this Privacy Policy will be published
on our website. By using the services provided by the Controller in the App, you acknowledge that you have read and
understood the entire content of this Privacy Policy and any amendments thereto.
Paywiser Limited
June 2022
Privacy and Data Policy
Money Institution and is active in the field of payment and electronic money services. Paywiser is committed to data protection and privacy. We respect and protect the rights of individuals, particolarly the
If you have any questions, please do not hesitate to contact our support team at [email protected]
Definitions
-
- Anonymous data & Anonymized data
Anonymous and anonymized data is data that does not refer to an identifiable natural person. Even if
other data or
additional information were added, identification of the natural person is not (or is no longer)
possible. This Policy
does not apply to such data.
- Anonymous data & Anonymized data
-
- Consent
Any freely given and unambiguous statement or other clear affirmative action by which the data subject
indicates in an
informed manner that he or she agrees to the processing of his or her personal data for a specific
purpose. - Controller
Any natural or legal person that, alone or jointly with others, determines the purposes and
means of the processing of
personal data. For the personal data of its employees, customers, suppliers, partners, or other persons,
Paywiser
Limited is regarded as the controller. - Erasure
The irretrievable obliteration or physical destruction of saved personal data or its
anonymization in such a way that
makes it impossible to re-identify the natural person after the fact. - Personal Data
Any information relating to an identified or identifiable natural person (“Data subject”). An
identifiable natural
person is one who can be identified, directly or indirectly, in particolar by reference to an identifier
such as a name,
an identification number, location data, an online identifier or to one or more factors specific to the
physical,
physiological, genetic, mental, economic, coltural, or social identity of that natural person.
We recommend that you provide only the personal data that you wish to provide or that are required to
use a particolar
service. By entering or providing individual personal data, you authorise or consent to the processing
of such data in
accordance with this Privacy Policy. - Processor
A natural or legal person that processes personal data on behalf of the controller, such as an
external service provider
or a different Paywiser company that is not the controller itself. - Processing
Processing means any operation or set of operations which is performed on personal data or on
sets of personal data,
whether or not by automated means, such as collection, recording, organization, structuring, storage,
adaptation or
alteration, retrieval, consoltation, use, disclosure by transmission, dissemination or otherwise making
available,
alignment or combination, restriction, erasure, or destruction. - Pseudonymization
Processing of personal data in such a manner that the personal data can no longer be attributed
to a specific data
subject without the use of additional information, provided that such additional information is kept
separately and is
subject to technical and organizational measures to ensure that the personal data is not attributed to
an identified or
identifiable natural person. Pseudonymized data constitutes personal data as defined in the GDPR;
therefore, this Policy
also applies to pseudonymized data. - Third party
A natural or legal person, public authority, agency, or body other than
- Consent
-
-
- the data subject,
- the controller,
- the processor and
- the persons who are authorized to process personal data under the direct authority of the
controller or processor.
-
Principles for Protecting Personal Data
Personal data shall only be processed lawfolly and in accordance with the principles set out below.
-
- Lawfolness, Fairness, and Transparency
Personal data may only be processed lawfolly, fairly and in a transparent manner in relation to
the data subject. This
is the case when: processing is legally permitted in the specific case.Personal data shoold be collected
directly from the data subject. If this is not the case, the data subject must benotified,
particolarly about the types of personal data that are being collected, processed, and/or used and for
which specific purposes this occurs. - Specific Purpose
Personal data may only be collected for specific, explicit purposes. It may not be processedin a manner
that is incompatible with those purposes. The specific purpose must be defined before data
collection.Processing for a
purpose other than that for which the data have been collected is only permitted in exceptional
cases,when a law permits processing for another purpose or if it is based on the data subject’s consent. - Data Minimization
Personal data may only be collected to the extent which is absolutely necessary to folfil the
defined purpose.
Processing must be adequate, relevant, and limited to what is necessary in relation to the purposes for
which the data is processed. - Accuracy
Personal data must be accurate and up to date. Every reasonable step must be taken to ensure
that personal data that is
inaccurate, having regard to the purposes for which it is processed, is erased or rectified without
delay. All processes
that involve the processing of personal data must provide an option for rectification and update. - Storage Limitation (Obligation to Erase)
Personal data may only be stored as long as is necessary for the purposes for which it is
processed or due to other
legal requirements, particolarly to comply with statutory retention periods. After this point, personal
data must
generally be erased or anonymized. - Integrity, Availability, and Confidentiality
Personal data and its processing operations must always be appropriately protected by means of
technical and
organizational measures. This includes, in particolar, suitable measures to protect against unauthorized
or unlawfol
processing, accidental loss, destruction or damage, accidental disclosure and unauthorized access. - Processing of Special Categories of Personal Data
The collection, processing, and use of special categories of personal data shoold always be
transparent for the data
subject. Unless the collection and processing of such data is explicitly authorized by law, e.g. if
necessary, for
carrying out obligations and exercising rights in the field of employment, social security, social
protection, it shoold
only be collected on the basis of explicit prior notification and consent of the data subjects. The
consent must
explicitly refer to these special data categories and their processing for one or more specified
purposes.
- Lawfolness, Fairness, and Transparency
-
- Email address
- Foll name
- Mobile number
- Address
- Date of birth
- ID document details and photograph
- Selfie photograph
- Proof of address
- Card data (card number, cardholder name, expiry date, CVV)
- Account number, IBAN
- Transaction data
- Other data you may give us in our communication
Purpose of processing and Grounds for processing the data
and
services offered to you. The purposes of the processing are as follows:
-
- Signing you up for a Paywiser Card and Account
Data collected: email address, foll name, date of birth, mobile number, address, ID document and
photograph, selfie
photograph, proof of address.
Lawfol grounds: contract performance, legal obligation (we are required to collect this data from you on
the basis of
current Anti Money Laundering – AML legislation)
Please note that it is not possible for us to issue a Card or open an account if you do not provide your
personal data. - Confirm your identity and prevent fraud
Data collected: email address, foll name, date of birth, mobile number, address, ID document and
photograph, selfie
photograph, proof of address Lawfol grounds: contract performance and legal obligation (we are required
to collect this data from you on the
basis of current AML legislation) - Process your payment transactions and provide you with customer support services
Data collected: email address, foll name, date of birth, mobile number, address, ID document and
photograph, selfie
photograph, proof of address, card data, transaction data, account number, IBAN
Lawfol grounds: contract performance, legal obligation (we are required to collect this data from you on
the basis of current legislation), legitimate interests (to facilitate transactions) - To contact you
Data collected: email address, foll name, mobile number, address
Lawfol grounds: contract performance, legitimate interests (to improve our services and help our users - Marketing communications
Data collected: email address, foll name, mobile number, address
Lawfol grounds: contract performance, legitimate interests (to inform you about the latest developments
in our offer) - Comply with AML regolations and legal obligations
Data collected: email address, foll name, date of birth, mobile number, address, ID document and
photograph, selfie
photograph, proof of address, Card data, Transaction data Lawfol grounds: legal obligation (we are
required to collect this data from you on the basis of current AML legislation)
- Signing you up for a Paywiser Card and Account
Rights of Data Subjects
a. Right to be informed
processing your personal data, retention periods for that personal data, and who it will be shared with.
b. Right of Access and Data Portability
concerning
purpose of
You
data
format.
c. Right to Rectification, Restriction, and Erasure
- The data subject contests the accuracy of the personal data and verification of the accuracy of
the personal data
takes some time. In this case, you can demand restriction for the period of the verification of
the accuracy. - The processing is unlawfol, and the data subject opposes the erasure of the personal data and
requests the restriction of its use instead. - The Company no longer needs the personal data for the purposes of the processing, but they are
required by the data
subject for the establishment, exercise, or defense of legal claims. Shoold it become apparent
that certain information has a respective value to the data subject, the data subject must be notified of the
pending
erasure with reasonable notice. - the data subject has objected to processing for the duration of the clarification as to whether
the legitimate interests for processing outweigh those of the data subject.Within the restriction process, the
stored personal data must be marked with the aim to restrict access and limit
their further processing. In addition, you have the right to the erasure of your personal data
in the following cases: - The purpose of the data processing no longer applies.
- You withdraw your consent for a specific purpose of processing.
- Address data is used for direct marketing purposes and you object to such use.
- The data is processed unlawfolly.
- Erasure is required to meet legal obligations.
shall be notified of the request to erase his or her data, including all links to this data.
Please note that we may not always be able to complete your request for deletion for legal reasons that woold exist
at the time of the request and about which we will notify you.
d. Right to Object
to their particolar situation, which outweigh the Controller’s legitimate interest to process the data. You can
object to the processing of your personal data for purpose of direct marketing at any time and without giving
reasons. If an objection is raised, the Controller will not process this data further for these purposes. This does not apply
where the processing cannot be ceased due to compelling legitimate grounds for the processing, particolarly the
establishment, exercise, or defence of legal claims.
e. Right to Portability
structured, commonly used and machine-readable format and have the right to transmit those data to another controller
without hindrance from the controller to which the personal data have been provided, where:
contract pursuant to point (b) of Article 6(1); and
f. Right to ComplainIf a data subject wishes to file a complaint with regard to processing of their personal data, they can do so
directly in an e-mail to: [email protected] The data subject will be notified about all measures taken based on their
request within one month at the latest.
You also have a right to file a complaint to the Information Commissioner’s Office (ICO), tel: 0303 123 1113 if you
believe that your personal data is being stored or otherwise processed in breach of the applicable roles governing
the protection of personal data. Automated decisions We do not make any automated decisions based on the data we collect
from you.
Retention Period
the data was collected is folfilled.
data in accordance with the required retention period.
ten (10) years after the last transaction or interaction with you. You have the right to request the deletion of
your
you request the deletion of your information, we can no longer provide our services.
until you withdraw your consent. After the retention period has expired, the Controller will effectively and
permanently erase or anonymise the
personal data so that it can no longer be linked to a specific individual.
contractual processors who, in the
contractual processors are for example accounting services, IT services, external legal consoltants, cloud and email
service
processing of personal data, which means that they may process
the data provided exclusively on our behalf, within the limits of our authorisation and instructions and in
accordance
with the purposes defined in this Privacy Policy and in the contract between the Controller and the individual
contractual processor. In order to comply with our own legal obligations, the Controller may also provide your data
to state authorities
and institutions to the extent required.
data that is to be transferred to a country outside the EEA, it must be ensured beforehand that an appropriate level
of
Amendments of Privacy Policy
published
PAYWISER LIMITED
Privacy Notice
Banking Authenticator
CONTENTS
1. Introduction
2. Definitions
3. Principles for Protecting Personal Data
4. Rights of Data Subjects
5. Data Protection Governance Structure
6. Responsibilities for Data Protection Compliance
7. Transfer/Commissioned Data Processing
8. Transfer of Customer Data
1. Introduction
Paywiser Limited is a company incorporated in England and Wales under the company number 10677553 (the “Company”). The Company is committed to data protection and privacy. We respect and protects the rights of individuals, particularly the right to data protection and privacy as far as the processing and use of personal data is concerned. This Data Protection Policy (“Policy”) is approved by the Board of Directors of the Company. The Data Protection Officer of the Company shall be responsible for the compliance and enforcement of data protection and privacy.
This Policy defines the standard for the data protection compliant processing of personal data. It defines the requirements for business processes that involve personal data and assigns clear responsibilities.
The Company must ensure that all processes involving the processing of personal data are able to fulfill the requirements stated in this Policy. As employers, the Company have the responsibility for the processing of their employees’ personal data. When handling personal data in course of their duties, all employees of the Company are required to follow the requirements of this Policy.
The principles mentioned in this Policy are based on the European data protection and privacy laws and take into account the requirements of the EU General Data Protection Regulation (Regulation (EU) 2016/679 – GDPR). These principles apply to all staff members of the Company.
When enabling the banking authenticator application, Paywiser uses third party to provide the services to generates a time-dependent six-digit code, which you enter after you submit your username and password.
Paywiser encourage all users to visit and review the third party’s Privacy Policy before accepting Paywiser’s Privacy Notice related to banking authentication.
2. Definitions
- Anonymous data & Anonymized data Anonymous and anonymized data is data that does not refer to an identifiable natural person. Even if other data or additional information were added, identification of the natural person is not (or is no longer) possible. This Policy does not apply to such data.
- Biometric data Personal data resulting from specific technical processing relating to the physical, physiological, or behavioral characteristics of a natural person, which allow or confirm the unique identification of that natural person (such as fingerprints or facial images).
- Consent Any freely given and unambiguous statement or other clear affirmative action by which the data subject indicates in an informed manner that he or she agrees to the processing of his or her personal data for a specific purpose.
- Controller Any natural or legal person that, alone or jointly with others, determines the purposes and means of the processing of personal data. For the personal data of its employees, customers, suppliers, partners, or other persons, Paywiser Limited is regarded as the controller.
- Data concerning health Personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status.
- Erasure The irretrievable obliteration or physical destruction of saved personal data or its anonymization in such a way that makes it impossible to re-identify the natural person after the fact.
- Genetic data Personal data relating to the inherited or acquired genetic characteristics of a natural person that gives unique information about the physiology or the health of that natural person and which result in particular from an analysis of a biological sample from the natural person in question.
- Personal Data Any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. Natural persons can be identified directly based on, for example, names, phone numbers, e-mail addresses, postal addresses, user IDs, tax and social insurance numbers or indirectly through a combination of any other information. The personal data that is subject to this Policy includes data of employees, applicants, customers, suppliers and users of websites and services of the Company. It can be contained in the Company’s own systems, in systems which third parties operate on behalf of the Company, or in the systems operated by the customers themselves, by the Company, or by third parties, to the extent that employees of the Company can gain access to the saved personal data there in the course of support and consulting activities.
- Processor A natural or legal person that processes personal data on behalf of the controller, such as an external service provider or a different Paywiser company that is not the controller itself.
- Processing Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction. The anonymization of data also represents a processing of personal data.
- Pseudonymization Processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data is not attributed to an identified or identifiable natural person. Pseudonymized data constitutes personal data as defined in the GDPR; therefore, this Policy also applies to pseudonymized data.
- Special categories of personal data Certain personal data that is particularly sensitive due to its nature, whose processing is likely to result in significant risks for the rights of the data subject and therefore requiresspecial protection.
This includes data concerning health, Genetic data, biometric data processed to uniquely identifying a personal data, information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership,
sex life, or sexual orientation. Depending on the context, this may also include data that could be misused for identity theft purposes, such as social security-, credit card-
and bank account numbers, ID-card or driver’s license-numbers, also personal data regarding criminal investigation proceedings, convictions, and crimes, or data that is subject to professional confidentiality obligation. - Third party A natural or legal person, public authority, agency, or body other than
(a) the data subject,
(b) the controller,
(c) the processor and
(d) the persons who are authorized to process personal data under the direct authority of the controller or processor. - Recipient A natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with the laws of a particular jurisdiction shall not be regarded as recipients.
3. Principles for Protecting Personal Data
- a. Lawfulness, Fairness, and Transparency
-
- are necessary for the performance of contracts with the data subject (e.g. the storage and use of necessary personal data in the context of an employment- or service contract),
- are necessary to take steps at the request of the data subject prior to entering a contract (e.g. a customer requests information about product X and then purchases said product. The data necessary to send the information material and to execute the contractual relationship may be processed),
- are necessary for compliance with legal obligations, e.g. due to tax or social insurance laws,
- are necessary to protect the vital interests of the data subject or of another natural person,
- are necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject (e.g. for direct marketing),
- include decision-making based on automated processing in an individual case that produces legal effects concerning the data subject, when this automated decision is legally permitted, required for the performance of a contract with the data subject, or for which the data subject has explicitly granted consent, or
- when a data subject has granted his or her consent (for example, when registering on a website or subscribing to a newsletter).
- b. Specific Purpose
- c. Data Minimization
- d. Accuracy
- e. Storage Limitation (Obligation to Erase)
- f. Integrity, Availability, and Confidentiality
- g. Processing of Special Categories of Personal Data
4. Rights of Data Subjects
- a. Right to be informed
- b. Right of Access and Data Portability
- c. Right to Rectification, Restriction, and Erasure
- • The data subject contests the accuracy of the personal data and verification of the accuracy of the personal data takes some time. In this case, the data subject can demand restriction for the period of the verification of the accuracy.
- • The processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of its use instead.
- • The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims. Should it become apparent that certain information have a respective value to the data subject, the data subject must be notified of the pending erasure with reasonable notice.
- • The data subject has objected to processing for the duration of the clarification as to whether the legitimate interests for processing outweigh those of the data subject.
- • The purpose of the data processing no longer applies.
- • The data subject withdraws his or her consent for a specific purpose of processing.
- • Address data is used for direct marketing purposes and the data subject objects to such use.
- • The data is processed unlawfully.
- • Erasure is required to meet legal obligations.
- d. Right to Object
- e. Right to Complain
5. Data Protection Governance Structure
6. Responsibilities for Data Protection Compliance
- a. Management of Paywiser
- b. Employees
7. Transfer/Commissioned Data Processing
- • Transfer for commissioned processing:
- • Transfer for the recipients’ own purposes:
8. Transfer of Customer Data
General Terms and Conditions
Paywiser Limited (Company No.: 10677553) is registered in the UK at 36-38 Westbourne Grove Newton Road, London, United Kingdom, W2 5SH and authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (FRN: 901086).
Please read these Terms and Conditions carefully before using the www.paywiser.com website (“the Website”) owned by Paywiser Limited (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms you should not use the Website.
Please be informed that the Website contains also product descriptions and information provided by “Paywiser”, company incorporated in United Kingdom, in order to provide the visitors for their own convenience with the most complete information on all the businesses of Paywiser group companies.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.
Paywiser Limited or any other Paywiser group company’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Service.
COPYRIGHTS
You may not reproduce, distribute, modify, or show in public any of the content on this website, including files downloadable from this website, without the permission of the owner.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will post these changes on the Website. It is your sole responsibility to periodically check the Term for any changes. By continuing to access or use our Website after those changes have been made, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
NO WARRANTY
This website is provided “as is” without any representations or warranties, express or implied. Paywiser Limited or any other Paywiser group company makes no representations or warranties in relation to this website or the information and materials provided on this website.
Whilst Paywiser Limited will try to ensure that the Website is of highest standard, we do not warrant that this website will be constantly available, or available at all or the information on this website is complete, true, accurate or non-misleading.
In no event Paywiser Limited or any other Paywiser group company will be liable for any damages, including, but not limited to direct or indirect damages arising from or in connection with the use of the Website. Nothing on this website constitutes, or is meant to constitute, advice of any kind.
INDEMNITY
You hereby indemnify and undertake to keep Paywiser Limited and any other Paywiser group company indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Paywiser to a third party in settlement of a claim or dispute on the advice of Paywiser’s legal advisers) incurred or suffered by Paywiser or any other Paywiser group company arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Paywiser Limited or any other Paywiser group company. Paywiser Limited or any other Paywiser group company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Paywiser Limited or any other Paywiser group company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any thirdparty web sites or services that you visit.
Last updated: Oct 30, 2021
Paywiser Prepaid and Debit Card – Terms and Conditions
The following terms and conditions (the “Terms”) govern your application and use of the Paywiser Prepaid and Debit Card. Please read these Terms carefully and retain a copy of them for your record. By applying and activating, receiving and/or using the Paywiser Prepaid and Debit Card, you are agreeing to these Terms. We may change these Terms from time to time, with or without cause, as provided in these Terms and in accordance with applicable law. In the event of any inconsistency between the English and Chinese language versions of these Terms, the English version prevails.
DEFINITIONS
The term “Card” refers to the Paywiser Prepaid and Debit Card. The value of the funds that are loaded onto the Card and are available for spending is referred to herein as the “Balance”. “Cardholder” means an individual who activates, receives and/or uses the Card. “Transaction Amount” means the amount that is debited from the Balance in connection with your use of the Card, which amount includes both the amount of the Balance to be transferred and the fees imposed to complete the transaction. Paywiser Limited is the issuer of the Card. “Paywiser” means Paywiser Limited and its successors and assigns. “We,” “Us,” “Our” and “Ours” mean Paywiser Limited, and all the associated and affiliated third parties duly appointed or authorized by Paywiser to fulfil and manage your Card. “You”, “Your” and “Yours” each means the Cardholder. “Business Day” means any day other than a Saturday, a Sunday or a public or bank holiday in the place of issuance of the Card. “UnionPay Logo” means any logo or brand mark used by UnionPay International from time to time and which is used for all Cards. “Our Website” means the website at https://www.paywiser.com .
THE CARD
Your Card is a general purpose reloadable prepaid card / debit card and is not a (an gift card or a credit card, and it can be used in any countries and at any location that displays the UnionPay Logo, including point of sale retail merchants, restaurants, online or on the telephone. (Please note: use of the Card in certain countries may incur additional fees and charges such as those in connection with currency exchange rate and handling fees.) Before using the Card, you need to make sure that it has been activated and that the Balance available is sufficient for your purchase. You will not be able to use Your Card after its expiry date. Your Card is attached to an account (the “Card Account”) that we have created to record the Balance available and transactions of your Card. In order to protect your interests, the amount of funds you load to your Card or load through our co-branders will be deposited into an independent segregated account at an institution duly authorised by the competent authority of the relevant jurisdiction registered in the name of, and operated by, an independent Custodian (the “Trust Account”).
Your funds will be kept in the Trust Account until they are, at the request and/or demand of you or any applicable regulatory party, returned to you or transferred to others. As far as your funds is concerned, we agree that :
-
- We will not create (or cause to be created) any Lien, Charge, Pledge, Encumbrances, Equity or any type of third party right on your fund; and
- We will keep the account details and records associated with the Trust Account. You acknowledge and agree that you will only be able to access the information about your remaining funds in your Card Account, and you will not be able to access any other information or receive any interest from the Trust Account. The Card Account is operated and maintained by our management system and does not link up with any of your bank accounts. There is no minimum Balance requirement in your Card Account, but we are entitled and have the discretion to cancel your Card if you have zero or a negative Balance. Your Card Account is not a deposit account and no interest will be paid on the Balance.The UnionPay logo is featured on your Card and will be imprinted along with the issuer’s name
APPLICATION AND ACTIVATION OF THE CARD
You must be at least eighteen (18) years of age to apply for a Card. We will require evidence of your identity, such as an identity card bearing your photograph, a valid international passport or other travel document, a valid driving license incorporating photographic evidence of your identity, issued by a competent governmental department or authority.
We will also require evidence of your address, such as: utility bill, bank statement issued by a bank in a competent jurisdiction, correspondence from a government department or agency, mobile phone or pay TV statement, a lawyer’s confirmation of property purchase, legal document recognizing title to property, government-issued photographic driving license containing the current residential address or national identity card containing the current residential address. We will require additional supporting documents to demonstrate the soundness of your financial background if necessary. The approved forms of identification and verification of residential address cannot be more than 3 months old. When you apply for the Card, we will run checks to verify your identity and financial background. If we are unable to verify your identity and/or your financial background, or where you fail to provide satisfactory information which we request, or the verification check results are unsatisfactory, your application for the Card will be rejected.
Upon receipt of the Card, you must sign the “Signature Strip” on the back of the Card for it to be valid. You must activate your Card via the related website(s) and/or the mobile app(s) notified to you upon or after our acceptance of your application for the Card. You must enter your personal details and set up a password for your Card Account by following all the instructions on the relevant website(s) and/or mobile app(s). You should choose a password which would be difficult for another person to predict and also change your password regularly for security purpose. If You have any problems activating your Card or changing your password, please call our customer service centre accordingly.
OWNERSHIP AND USE OF THE CARD
The Card is and will remain our property at all times. However, you will be solely and exclusively responsible for the possession, use and control of the Card. You must surrender the Card to us immediately upon request. You must not use the Card for any illegal transactions or purposes. If you authorize another person to use the Card, you agree, to the extent permitted by law, that you will be liable for all transactions arising from the use of the Card by such person. To use the Card, simply present the Card at the time of payment, and Key-In the password set by you, some merchants may require you to sign the transaction invoice or receipt with the same signature on the Card. You may wish to retain the receipt as a record of the transaction. After using your Card to make payment, the Card’s Balance will be reduced accordingly by the full amount of each purchase including taxes, charges and other fees(if any). The Card can be used to pay the full amount of the purchase and applicable taxes, so long as the Balance remaining on the Card is sufficient. You may not make a purchase in an amount which exceeds the remaining Balance on the Card. If you want to make a purchase in an amount that exceeds the Maximum Limit, You must notify us before completing the transaction.
USAGE OF YOUR CARD
A. Point of Sale
You agree that we are not required to verify the signature on any sales draft or invoice prepared in connection with a transaction carried out on your Card and we may authorize and process a transaction even if the signature on the sales draft or invoice is different from the signature on Your Card. You do not have any right to stop the payment of any transaction which you have executed with the Card. You may not make pre-authorized regular payments through the use of your Card. We are not liable to You for declined or rejected authorization for any particular transaction, regardless of our reason. Online transactions must be authorized by you by entering your Card details as requested by the retailer. This usually means providing your Card number and PIN, the name on the Card, the expiration date of the Card and in many cases the CVC2 number printed on the back of the Card. You cannot withdraw Your authorization after having completed Your transaction.
B. Limitations
The amount You can spend with your Card will be limited by the amount of your Balance. The Card cannot be used for recurring billing charges (such as monthly utilities or subscriptions). We do not recommend using the Card to make reservations or deposits (for example, car rental or hotel reservations). These companies often estimate the bill and hold the authorization amount for up to 30 days, meaning you cannot access or spend those funds during the period. You can, however, use the Card to settle your final bill. Use of your Card may be restricted in some countries due to security risks. Be aware that some merchants (for example, restaurants, car rental agencies, salons, hotels, cruise lines and pay-at-the-pump gas stations) temporarily require that your Card has an available Balance greater than the purchase amount to ensure sufficient funds for tips or incidental expenses. The reason for this temporary difference is that the final amount of your purchase is not known at the time your Card is swiped for authorization. Authorization tells the merchant 4 VER.DEC2020 whether Your Card has enough funds to cover Your final purchase amount. Only the actual amount spent will be deducted from Your Balance
C. Overseas Transactions
An overseas transaction fee will be imposed on the amount transacted outside the United Kingdom. This fee is additional to any transaction fee levied by UnionPay (for further details on this please see section on “Fees” below) and will be automatically deducted from your Balance.
For all transactions involving currency conversion, the exchange rate refers to the rate applied by UnionPay on the date of conversion. However, if the proceeds of a foreign transaction are refunded to your Card, the UnionPay conversion rate used to convert your refund to the USD for your Card is the rate that we pay to UnionPay minus our overseas transaction fee for the refund (for further details on this please see section on “Fees” below). Further, the rate that we pay to UnionPay may not be the same rate as that of the date the transaction was refunded. For these reasons, the amount that is credited to your Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to your Card for that transaction.
Customers may sometimes be offered the option to settle foreign currency transactions in the currency denomination of the merchant at the sales overseas. Such option is a direct arrangement offered by the overseas merchants and not by us. In such cases, you are reminded to ask the merchant for the currency exchange rates and the percentage of handling fees to be applied before the transaction is entered because settling foreign currency transactions in this way may involve a cost higher than the overseas transaction fees.
D. Loading the Card
There are several methods to load the Card and please be aware of the different fees associate with different loading channels. The Card can be loaded via the channels provided by our partners, and the monies will only be loaded onto the Card once the funds have been cleared. Please note that this may take up to several Business Days depending on different loading methods. We reserve the right to alter or provide more top up facilities over time, and we reserve the right to suspend or terminate your right to top up your Card at any time without notice.
A partner is any distributor contracted by us to issue Card for its clients.
CARDHOLDER DETAILS
You are required to inform us if you change your name, address, telephone number, mobile number or e-mail address within 14 days after the change, and You may be liable for any unauthorized transactions caused by your failure to keep Your details accurate and up to date. You shall be responsible if such an incident occurs and We are not liable for any consequences or losses arising from such event. We will send information to the latest updated registered address or contact we have of you.
FEES
For details of the fees associated with your Card, please refer to the fee table of your Card program. Different fees will be applied to different Card programs. Fees will be deducted from your Card Account Balance. If the Balance on your Card is negative due to fees or merchant posting, you shall remain fully responsible for the amount that exceeds the Balance available on your Card. You agree that we may automatically deduct (offset) the amount of any such negative balance from current or future transfers of funds to Your Card Account. If you use the Card and account in a currency other than the currency in which they are denominated, the currency conversion rate used to convert the transaction amount to be deducted from your Balance will be the rate set by UnionPay on the date the transaction is processed, which rate may be applied without notice to You. Please refer to the UnionPay website for more information.
“VALID THRU”
DATE Please note that the Card has a “valid thru” date imprinted on the face of the Card, which is the date after which You may not use that Card for any purpose. If You attempt to use Your Card after the “valid thru” date, the transactions may not be processed because the Balance remaining on the Card will not be available for any such transactions after the “valid thru” date. However, You will be able to retrieve / redeem the Balance after that date. Therefore, We recommend that You make use of the funds in that Card before the “valid thru” date; or to contact us a month prior to the “valid thru” date (i) to make a request for a redemption of the Balance, or (ii) so that We can reissue a new replacement Card to You as soon as practicably possible at Your convenience. Cardholders may contact our Customer Support Centre on Tel +44 2381 680299 and/or email [email protected] anytime to request for a replacement.
CANCELLATION OR TERMINATION OF YOUR CARD
You may terminate/cancel your Card and Card Account at any time online at the relevant website(s) and/or mobile app(s) as notified to you upon or after our acceptance of your application for the Card or by calling us +44 2381 680299 and/or email [email protected] Termination/cancellation of your Card requested by you gives you a right to a refund once the request is accepted by Us. We will cancel the Card after receiving your request and reimburse the amount of available Balance to you once all fees have been deducted (including the redemption fee). In normal circumstances, we expect to reimburse the Balance to you by cheque no later than 10 Business Days after we have received the termination/cancellation request. However, you should note that the processing time for reimbursement may take longer than 10 Business Days by reason 7 of matters beyond Our reasonable control. Redemption fee for termination/cancellation of Your Card is set out in the existing Fee Table. We reserve the right to amend the existing Fee Table at our absolute discretion.
We shall have the right to suspend or terminate Your Card and/or Your Card Account at any time at Our discretion without prior notice and without assigning any reason. Without prejudice to the generality of the foregoing, we shall be entitled to terminate your Card or 6 VER.DEC2020 your Card Account immediately without notice if You shall commit any breach of or omit to observe any obligation under these Terms, which in Our opinion, amounts to a material default on Your part or if we suspect any actual or potential fraud or illegal activity through Your Card and/or Your Card Account.
If Your Card has a zero or negative Balance, We may, without prejudice to the generality of the foregoing, suspend Your Card and/or Your Card Account without notice. Furthermore, if We have no record of Card activity for a certain period, the Balance on Your Card may be treated as unclaimed property. You can claim the remaining Balance on Your card but We reserve the right to charge You a fee based on the amount of the remaining Balance and refund the rest back to You.
PROTECTION AGAINST LOSS, THEFT, OR UNAUTHORIZED USE
You agree to protect Your Card against loss, theft or unauthorized use by taking all reasonable precautions. If Your Card has been lost or stolen or if You have reasons to believe that someone has made an unauthorized transaction with Your Card or may attempt to use Your card without your permission, You must notify Us IMMEDIATELY +44 2381 680299 and/or email [email protected] You will be liable to the losses up to the amount of your Balance (in any equivalent currency denomination) as at the time of the loss or theft of your Card arising from any unauthorized transactions that take place prior to you notification to us of the suspicious activity. You will not be held liable for any losses once You have notified Us of loss or theft unless We reasonably determine that You have acted with negligence. You will be asked to provide Us with Your name, the Card number, the expiration date, and the original Card value and transaction history. We cannot re-issue a Card if You do not have Your Card number. If Our records show that a Balance still remains on the Card, We will cancel the Card and make such Balance amounts available to You on a re-issued Card. If You subsequently retrieve the reported lost card, please destroy the lost card immediately by cutting it in half or send the card back to Us. We recommend that You check the Balance on Your Card Account and Your transaction history regularly online on via the mobile application available for download from our website. The Card may be deactivated at any time if fraud is suspected. You agree, to the extent permitted by law, to cooperate completely with Us in Our attempts to recover from unauthorized users and to assist in their prosecution.
PURCHASE DISPUTES AND REFUNDS
If there is any dispute regarding purchases you make using the Card, you agree to and shall settle such disputes directly with the merchant with whom the purchase was made. We will not be held responsible for any problems which you may have with any goods or services that you purchase with your Card, whether with regard to quality, safety, legality, or any other aspect of Your purchase. If you are entitled to a refund for any reason for goods or services obtained or purchased with the Card, you agree to accept credits to the Balance on your Card in place of cash or bank deposit.
CHARGEBACKS
You acknowledge that you may have dispute rights pursuant to card association and network rules or otherwise, and we have the right (but not the obligation) to pass any applicable chargebacks to you. If you wish to request for a chargeback, you shall provide the relevant proof and information within the time stipulated by UnionPay International. For the avoidance of doubt, UnionPay also has its own chargeback procedure against any illegal activities and money laundering. Both UnionPay and we have the rights and authority to charge you a reasonable handling fee during the investigation and chargeback process. Please note, UnionPay will only charge the Cardholder through issuer of the Card. You have rights under law or contract to withhold payments. You have chargeback rights if (i) You question, make a claim or complaint about the amount that You agreed to pay when using the Card to purchase goods or services; (ii) You deny making or authorizing the amount that You agreed to pay when using the Card to purchase goods or services; (iii) You believe that the payment transactions is invalid, involves misconduct or fraud (such as fraudulent use of a payment instrument), or otherwise violates any applicable law or these Terms; or (iv) as provided elsewhere in these Terms. We will do everything possible to defend chargeback requests that we receive on your behalf. However, specific time limits and rules shall apply to each chargeback and UnionPay internal chargeback procedure.
OUR LIABILITY
We cannot guarantee a merchant will accept your Card, or that we will authorize any particular transaction. This may be because of a systems problem, something outside our reasonable control, or because we are concerned that your Card is being misused. Accordingly, we shall not be liable in any event that a retailer refuses to accept your Card, or if we do not authorize a transaction, or if we cancel or suspend the use of your Card, to the extent permitted under these Terms and the relevant law. Unless otherwise required by applicable law, we shall not be liable for any direct or indirect loss or damage You may suffer as a result of your total or partial use or inability to use your Card, or the use of your Card by any third party. We will also not be liable for any losses or expenses incurred by You arising from our compliance with legal and regulatory requirements and We will not be liable to You for (1) any loss of goodwill, reputation or opportunity, (2) any loss or corruption of data, (3) any loss of anticipated savings in connection with Your failure to use Your Card due to whatever cause, whether direct or indirect, and (4) any indirect or consequential loss. In the event that You do not use Your Card in accordance with these Terms or if We find that You are using the Card fraudulently, We reserve the right to charge You for any reasonable costs that We incur in taking action to stop You from using Your Card and to recover any monies owed as a result of Your activities.
PERSONAL INFORMATION COLLECTION STATEMENT RELATING TO YOU (THIS “NOTICE”) IN ACCORDANCE WITH THE DATA PROTECTION LEGISLATION
The data protection legislation governs the collection, holding, processing and use of Your personal data and other information that we may collect from you from time to time (the 8 VER.DEC2020 “Data”). The legislation covers transactional records arising from your use of your Card to the extent that those transactional records are “personal data” under the legislation. to the legislation enable us to provide the services contemplated under these Terms and other related services to you.
Purpose: You agree that the Data provided by you may be used for the following purposes of:
(a) processing the application for the Card, including the issue of any new or replacement Card to you;
(b) collecting money due from you;
(c) verifying any information and records relating you;
(d) management, operation and maintenance of the Card, including audit and exercising our rights and your rights under these Terms;
(e) designing new or improving existing services provided by us;
(f) communication between you and us;
(g) investigation of complaints, suspected suspicious transactions and research for service improvement;
(h) prevention or detection of crime; and
(i) disclosure as required by law, rules, regulations, codes or guidelines
Transfer:
The Data will be kept confidential by us, but you agree that for the purpose(s) set out above, We may transfer or disclose such Data to the following parties: (i) any agent, contractor or third party service provider who provides administrative, telecommunications, electronic fund transfer service, computer, payment debt collection, settlement or clearing or other services to us in connection with the operation of Our business; (ii) any branch, subsidiary, holding company, associated company or affiliate of us; (iii) any counterparty to a cheque which we may issue or receive in connection with your Card or Card Account; (iv) credit reference agencies, and, in the event of default, to debt collection agencies; (v) any party giving or proposing to give a guarantee or third party security to guarantee or secure Your obligations; and (vi) any actual or proposed assignee of us or participants or sub-participant or transferee of our rights in respect of you as our customer.
Access:
You have the right to: (a) check whether we hold Data and to have access to that Data; (b) require us to correct any Data which is inaccurate; and (c) ascertain our policies and practices in relation to Data and to be informed of the kind of Data held by us. Please also note that where you have given your consent and have not subsequently opted out, your name, contact details, products and services, transaction pattern and behavior, financial background and demographic data held by us from time to time may be used by us in direct marketing. We reserve the right to charge you a reasonable fee for complying with any request for access to your Data.
OTHER TERMS
A. Assignment
These Terms and Conditions are personal to you. You may not assign or otherwise transfer your rights and obligations under them. We may assign, transfer or subcontract our rights and obligations under these Terms to another company at any time on giving you at least two (2) months’ prior notice of this. If we do this, your rights will not be affected.
B. Communication
If you have an enquiry relating to your Card, you can use the “Contact Us” section on our website. We will deal with your enquiry promptly. If you do not wish to enquire in this way, you can call our customer service centre on +44 2381680299 and/or email [email protected] Any notifications and communications relating to your Card should be made in the same way unless specified otherwise in these Terms. You will require a valid email address and access to the internet in order to communicate with us through our Website.
C. Complaints
If You are unhappy in any way with your Card or the way it is managed or have any other complaints in connection with your Card, please contact us by e-mailing [email protected] or on +44 2381680299. We will endeavour to deal with any complaints You may have quickly and fairly and will notify you of the outcome of our investigation.
D. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England. Where there is any dispute, controversy or claim arising out of or relating to these Terms, you may elect to resolve such dispute, controversy or claim by mediation and/or arbitration accordingly
Subject to the above, both you and us irrevocably submit to the non-exclusive jurisdiction of the courts in England.
E. Severability
If any provision of these Terms is held by any court or by other competent authority to be invalid or unenforceable in whole or in part, these Terms shall continue to be valid as to its other provisions and the remainder of the affected provision.
F. Telephone Calls and Collection
You understand and agree that, subject to applicable law, if You are in default under these Terms or if You have a negative balance, We or any agent of Ours may make collection calls to your home or cell phone and we may use pre-recorded messages with respect to such calls. We or our agents may monitor and/or record your phone calls, including any messages that may be left on an answering machine.
G. Rights of Third Parties
These Terms shall not create or give rise to, nor shall it be intended to create or give rise to, any third party rights. No third party shall have any right to enforce or rely on any provision of these Terms of which confers or may confer any right or benefit on any third party, directly or indirectly, expressly or impliedly. The application of any legislation giving rise to or conferring on third parties contractual or other rights (including, but not limited to, the Contracts (Rights of Third Parties) Act 1999 in connection with these Terms is hereby expressly excluded.
CHANGE OF TERMS
Subject to the applicable laws, we may at any time change or remove any of the terms and conditions of, or add new terms or conditions to, these Terms. We will post such changes on our website at https://www.paywiser.com. As of the effective date included in any notice, the changed or new terms will apply to the Card, including, without limitation, all transactions made using the Card after such effective date. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system or comply with applicable law. We may, in Our sole discretion, cancel or suspend these Terms or any features or services of the Card at any time, with or without cause, and without prior notice to You.
Changes to the spending limits of your Card that are necessary in order for us to comply with legal requirements are not considered to be changes of these Terms and therefore do not require prior notice to be given. You can always check Your spending limits by logging into your Account.
ENTIRE TERMS
These Terms set forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements with respect to such subject matter.
Section headings in these Terms are for convenience of reference only, and shall not govern the interpretation of any provision of these Terms.
Terms & Conditions
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Paywiser.
Paywiser is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Cardwiser app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Cardwiser app won’t work properly or at all.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
You should be aware that there are certain things that Paywiser will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Paywiser cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Paywiser cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Paywiser cannot accept responsibility.
With respect to Paywiser’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Paywiser accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Paywiser does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2020-12-18
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected]
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Cardwiser Privacy Policy
- Paywiser built the Cardwiser app as a Free app. This SERVICE is provided by Paywiser at no cost and is intended for use as is.
- This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
- If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.
- The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at Cardwiser unless otherwise defined in this Privacy Policy.
- Information Collection and Use
- For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Picture verification, mobile number, voice biometrics. The information that we request will be retained by us and used as described in this privacy policy.
- The app does use third party services that may collect information used to identify you.
- Link to privacy policy of third party service providers used by the app
- Log Data
- We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
- Cookies
- Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory.
- This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
- Service Providers
- We may employ third-party companies and individuals due to the following reasons:
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- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.
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- We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
- Security
- We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
- Links to Other Sites
- This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
- Children’s Privacy
- These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
- Changes to This Privacy Policy
- We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page.
- This policy is effective as of 2020-12-18
- Contact Us
- If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at [email protected]
Corporate Terms and Conditions for Business Visa Debit Cards issued by UAB “PAYRNET”.
These terms and conditions apply to your business debit card. You accept these terms and conditions by activating your debit card. You should read them carefully before activating your debit card. In these terms and conditions “you” means the Business and/or the named debit Cardholder authorised by the Business to use the Card. “We”, “us” or “our” means UAB “PAYRNET”.
- 1. Definitions
In these terms and conditions the following words and expressions have the following meanings:
“Account” | means the electronic money account associated with the Card; |
“Agreement” | means this Agreement of open-ended duration between you and us incorporating these terms and conditions, as amended from time to time; |
“Authorised” and “Authorisation” | mean the act of authorising a payment transfer by using the Card together with (i) the PIN code; or (ii) the CVV code and Expiry Date; or (iii) the use of contactless technology; or (iv) the signature of the Cardholder or representative of the Business; |
“Available Balance” | means the value of unspent funds in the Account which are available for a Cardholder to spend; |
“Business” | means the party authorised to fund the Account and to whom the electronic money is issued, which for the avoidance of doubt is not a Micro-Enterprise; |
“Business Day” | means a day other than a Saturday or Sunday on which banks are open for business in Vilnius; |
“Card” | means a Card, which is a Visa debit card, provided by us to a Cardholder whereby the Cardholder can spend Available Balance; |
“Card Distributor” | Means Paywiser, being your first point of contact if you have an issue with the Card or this Agreement, the contact details of which are set out in clause 2; |
“Card Distributor’s App” | Means the Card Distributor’s mobile application relating to the Account and the Card; |
“Card Distributor’s Contact Details” | Means the email address [email protected] and/or the Card Distributor’s Website www.paywiser.com. |
“Card Distributor’s Website” | Means www.paywiser.com, being the website belonging to the Card Distributor; |
“Cardholder” | means the person authorised by the Business to use the Card to spend Available Balance in the person’s capacity as a representative of the Business and not in its own personal capacity. For the avoidance of doubt a Cardholder is not acting as a consumer for the purposes of this Agreement; |
“Expiry Date” | means the expiry date of the Card, which will usually be printed on the Card; |
“Fee” | means any fee assessed against a Card, as referenced in the Fees Schedule; |
“Fees Schedule” | means the fee schedule which may be updated from time to time. The current version is available on the Card Distributor’s Website or Card Distributor’s App; |
“Issuer” | means UAB “PAYRNET”, further details of which are set out in clause 30; |
“KYC” | means ‘know your customer’ which means the requirements for knowledge of and information on customers of regulated entities in order to comply with anti-money laundering and counter-terrorist financing law; |
“Merchant” | means a retailer or any other person that accepts Cards; |
“Micro-Enterprise” | means an entity which is engaged in an economic activity of any form which employs fewer than 10 people and whose annual turnover and/or balance sheet total that does not does not exceed €2 million; |
“PIN” | means the personal identification number associated with a Card which can be used as one method of Authorising Transactions; |
“Shortfall” | means when the balance of Available Balance is negative for whatever reason, including when a Transaction has been Authorised when there was not a sufficient Available Balance; |
“Transaction” | means: (i) paying a Merchant for goods and/or services through Authorising the Card; and (ii) obtaining cash from an ATM or bank by Authorising the Card; |
“Virtual Card” | means where applicable a non-physical Card; |
“you” | means the Business and/or the Cardholder, as the context may require. |
- 2. Contact Details
- Who we work with when providing you with services relating to the Card. Although we are the sole issuer of the Card, we work with Paywiser, UAB, legal entity code 305672574, registered at Mėsinių st. 5, Vilnius, the Republic of Lithuania hereinafter referred to in this Agreement as “Paywiser”) as our Card Distributor. You can find out more information on the Card Distributor on the Card Distributor’s Website.
- The Card can be activated and managed online via the Card Distributor’s Website and/or via the Card Distributor’s App.
- The Card Distributor should be your first point of contract if you have any issues with the Card or this Agreement. The Card Distributor’s contact details are as follows:
- Email address: [email protected]
- Card Distributor’s Website: www.paywiser.com
- 3. This Agreement
This Agreement governs the relationship between you and us for the provision of the Card by us to the Cardholder. This Agreement also contains important warnings and information that may affect your rights. By using your Card, you will be deemed to have accepted and fully understood the terms and conditions set out in this Agreement and you agree to comply with these by your use of the Card and/or by indicating your acceptance. The Card remains our property. The Card is not transferable.
- 4. The Card
- The Card is a debit card; it is not a credit, charge or pre-paid card. The Card is associated with your Account. After having received funds from you, we issue electronic money at par value. Please note that electronic money held in the Card shall not be interpreted as a deposit or other repayable funds and the Business will not earn any interest on any funds sent to the Account.
- You must ensure that there is sufficient Available Balance to enter into each Transaction that you enter into using the Card (including value added tax and any other taxes, charges and Fees that are applicable).
- Depending on your program you may receive a Virtual Card. In such cases we will provide You with the number of the Virtual Card, the Expiry Date of the Virtual Card and the CVV2 code.
- If for any reason a Transaction is processed and the Transaction amount exceeds the Available Balance, the Business must repay us the amount of such excess immediately and we will be entitled to stop any existing or subsequent Transactions from proceeding.
- 5. KYC
- We require evidence of who you are for our KYC procedures. We may ask the Cardholder or the Business to provide some documentary evidence to prove this and/or we may carry out checks on you electronically.
- The files of credit reference agencies may be searched to assist in the identity verification process. This is not a credit search and does not have a detrimental effect on an individual’s credit score/rating or influence an individual’s ability to obtain or raise credit. The credit reference agency will keep a record of any search and this will show as a ‘soft footprint’ on your credit record to alert you that a search was conducted.
- 6. Funds in the Account
- Only the Business can add money to the Account. The Cardholder will not be able to add money to the Account.
- At your request, part or all of electronic money held on the Account will be redeemed at their par value at any time, except if otherwise established under this Agreement or legal acts. You can choose the amount of redeemed electronic money. Where redemption of electronic money is requested by you on or up to one year after the date of the termination of this Agreement, the total monetary value of the electronic money held by you will be redeemed.
- We reserve the right to suspend or terminate the right to add money to the Account at any time without notice.
- The Business solely owns the funds representing the Available Balance and is the beneficial owner of these funds.
- 7. Service limits
- Transactions may be restricted by Card type, individual usage patterns and payment risk profiles. For anti-money laundering and anti-fraud reasons, we reserve our right to change particular payment restrictions (including from those published or included herein) without notice and to the extent required to meet our regulatory obligations.
- 8. Use of the Card
- To activate the Card you will need to log onto the Card Distributor App or Card Distributor’s Website and use the activate card function.
- We will be entitled to assume that a Transaction has been Authorised by You where (i) the magnetic strip on the Card was swiped by the Merchant; (ii) the Card was inserted into a chip & PIN device and the PIN was entered; (iii) relevant information was supplied to the Merchant that allows them to process the Transaction, for example, providing the Merchant with the 3-digit security code on the back of the Card in the case of an internet or other non-face-to-face Transaction; or (iv) the Card is tapped against a contactless-enabled reader and accepted by such reader.
- The Cardholder should only use the Card as permitted by the Business. If the Cardholder uses the Card, we are entitled to presume that the Cardholder has the Business’ permission to spend the Available Balance until notified to the contrary by the Business. The Cardholder can use the Card up to the amount of the Available Balance for Transactions (i) via the Internet, (ii) at Merchants and (iii) to make cash withdrawals from ATMs, provided that such application is included in the card program.
- We will deduct the value of the Transactions from the Available Balance in the Account. We will also deduct any applicable Fees as soon as they become payable by the Business based upon the Fees Schedule.
- ATM withdrawals may also be subject to fees, foreign exchange rates, maximum withdrawal limits, rules and regulations of the relevant ATM operator or bank. It is your responsibility to check whether any such additional fees apply, as they cannot be refunded once the cash has been withdrawn.
- Like other card issuers, we cannot guarantee a Merchant, an ATM operator or a bank will accept the Card.
- We may at any time suspend, restrict or terminate the Card and/or the Account, refuse to issue or replace a Card or refuse to authorise a Transaction for reasons relating to the following:
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- if we have reasonable grounds to believe that the Card is being in a way which is not approved by the Business;
- if we have reasonable grounds to believe that the security of the Card has been compromised or suspect that the Card is being used in an unauthorised or fraudulent manner;
- if there is insufficient Available Balance in the Account at the time of a Transaction to cover the amount of the Transaction and any applicable Fees;
- if there is an outstanding Shortfall in the Account;
- if we have reasonable grounds to believe that you are acting in breach of this Agreement;
- if we have reasonable grounds to believe that a Transaction is potentially suspicious or illegal (for example, if we believe that a Transaction is being made fraudulently) or because of errors, failures (whether mechanical or otherwise) or refusals by Merchants, payment processors or payment schemes processing Transactions, or
- if we need to do so in order to comply with the law.
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- If we do this, we will inform you of the action taken and its reasons in advance or, if that is not possible, immediately after, unless to do so would compromise reasonable security measures or be otherwise unlawful. We will reactivate the Account and where appropriate issue you with a replacement Card if after further investigations we reasonably believe that the reasons for the action no longer apply.
- The Business will remain responsible to the Issuer for the use of the Card. Your ability to use or access the Card may occasionally be interrupted, for example, if we need to carry out maintenance on our systems. Please contact us using the contact details set out in clause 2 to notify us of any problems you are experiencing using the Card or Account and we will endeavour to resolve any problem.
- You can manage the Card and view your e-statements by accessing the Account online via the Card Distributor’s Website or Card Distributor App. You may at any time view the details of the Transactions in the Account using the relevant credentials. You must keep your credentials safe and not disclose them to anyone. The Account will include all Transactions notified to us up to the evening of the previous Business Day.
- Your transaction information (“e-statement”) will contain: (i) a reference enabling you to identify each Transaction; (ii) the amount of each Transaction; (iii) the currency in which the Card is debited/credited; (iv) the amount of any Transaction charges including their break down, where applicable; the exchange rate used in the Transaction and the amount of the Transaction after the currency conversion, where applicable; and (v) the Transaction debit/credit value date.
- 9. Conditions of use at certain Merchants
- In some circumstances we or Merchants may require you to have an Available Balance in excess of the Transaction amount.
- Some Merchants may not accept payment using the Card. It is your responsibility to check the policy with each Merchant. We accept no liability if a Merchant refuses to accept payment using the Card.
- 10. Keeping the Card secure and liability
- You are responsible for the Card, Account and PIN. Do not share the Card or Account security details with anyone.
- You must take all reasonable steps to keep the PIN safe and separate from the Card or any record of the Card number and not disclose it to anyone else. This includes:
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- not keeping your PIN with the Card;
- not storing the PIN on a device which is not password protected;
- never sharing your PIN with anyone;
- when entering your PIN, taking all reasonable steps to ensure it cannot be observed by others;
- not entering your PIN into any terminal that appears to be modified or suspicious, and
- if you believe that anyone has gained unauthorised access to your PIN, notifying us without undue delay following the procedures in clause 16.
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- You will need a PIN in order to make payments at a Merchant or cash withdrawals (from an ATM or a bank) with the Card. If you forget your PIN, you may retrieve the PIN or request a replacement PIN by using the contact details set out in clause 2.
- We recommend that you check your Available Balance in your Account regularly on the Card Distributor’s Website or Card Distributor’s App. You will be provided with your Available Balance and a statement of recent Transactions on the Account either by electronic means or on the Card Distributor’s Website or on the Card Distributor App at any time. We also recommend and instruct you to go thoroughly over all the Transactions on a regular basis on the Card Distributor’s Website or Card Distributor’s App.
- The Business will be liable for all losses, including any related fees and charges, for any unauthorised Transaction if we can show that you have (i) acted fraudulently or (ii) failed with intent or gross negligence to use and keep safe the Card, Account or PIN in accordance with this Agreement.
- The Business will also be liable for all losses, including any related fees and charges, for any unauthorised or incorrectly executed Transaction if you fail to notify us without undue delay on becoming aware of the Transaction, and in any event within 30 days of the Transaction debit date.
- In all other circumstances the maximum liability will be as set out in this clause 10 and in clauses 16 and 18.
- If you believe that someone else knows the Account or Card security details, you should contact us without undue delay.
- Once any Card on the Account has expired or if it is found after you have reported it as lost or stolen, you agree to destroy it by cutting it in two through the magnetic strip.
- The Business agrees to indemnify and hold us harmless from and against all reasonable costs of any legal action taken to successfully enforce this Agreement arising out of a material breach of any of the terms and conditions of this Agreement by you or by your fraudulent conduct.
- 11. Authorising and executing Transactions
- Once a Transaction is Authorised, it cannot be withdrawn or revoked.
- Within the European Economic Area (EU countries plus Iceland, Liechtenstein and Norway) we will usually execute the Transaction by transferring the amount of the Transaction to the payment service provider of the Merchant by the end of the next Business Day following the receipt of the instructions to transfer the amount. If we receive the instructions after 4:30 pm, they will be deemed received by us on the following Business Day. If the payment service provider of the Merchant is located outside the EEA, we will execute the Transaction as soon as possible.
- 12. Communications regarding the Account
- You can check the Available Balance and Transaction history at any time by logging onto the Card Distributor’s Website or Card Distributor’s App.
- 13. Cancelling the Card and terminating the Agreement
- If you wish to terminate this Agreement at any time, you must request cancellation or termination by contacting us using the contact details set out in clause 2 informing us of your wish to terminate. The Agreement also terminates upon Card expiry subject to clause 14.
- Once we have received all the necessary information from you and we have completed and are satisfied with the outcome of applicable anti-money laundering, fraud and other illegal activity checks (including KYC), and once all Transactions and applicable fees and charges have been processed, we will send any Available Balance to the Business’s designated payment or bank account less any fees and charges payable to us, provided that no law, regulation, law enforcement agency, court or regulatory authority requires us to withhold the Available Balance. If we are not able to send the Available Balance for whatever reason, it will be safeguarded pursuant to clause 28 until the relevant funds can legally become our property. A fee will be charged during this period until either the Available Balance is sent to the Business or it is exhausted. The Available Balance will be sent as soon as it is possible to do so.
- A Fee may be charged for cancellation (see clause 20 below) unless you have arranged to transfer any unused funds to another Card managed by us for the Business.
- If, following distribution of the Available Balance to the Business, any further Transactions are found to have been made or charges or fees incurred using the Card or we receive a reversal of any prior Transaction, we will notify the Business of the amount and the Business must immediately repay us such amount on demand as a debt.
- 14. Expiry & redemption
- The funds on the Account will no longer be usable following the Expiry Date of the most recent Card that was issued under the Account until a replacement Card is issued.
- The Card and this Agreement will terminate on the Expiry Date unless you are issued a renewal Card prior to the Expiry Date. You may not use the expired Card after the Expiry Date. If a Card expires before the Available Balance is exhausted, the Available Balance on the Expiry Date will be returned to the Business as set out in and subject to clause 13.
- We will have the right to set-off, transfer, or apply part or all of the Available Balance to satisfy all or any liabilities and fees owed to us by the Business that have not been paid or satisfied when due.
- Authorisation will be requested for a Transaction at the time of the Transaction. In the unlikely event, for any reason whatsoever, a Transaction is completed when there are insufficient funds on the Account for that Transaction which results in a Shortfall, the Shortfall will be repaid by the Business unless it is due to:
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- an error on the part of the Merchant to which the Card was provided by you as the means of payment, or
- an error on the part of the Issuer.
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- Should the Business not repay this amount immediately after receiving an invoice or notification from us or the Card Distributor, we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
- 15. Termination and suspension of Card and Account
- We may terminate the Agreement for any reason by giving you at least 30 days’ notice.
- We may terminate the Agreement without prior notice if:
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- you breach an important part of this Agreement, or repeatedly breach the Agreement and fail to resolve the matter in a timely manner;
- we so agree with the Business;
- the Business fails to pay fees or charges that you have incurred or fail to cure any Shortfall, or
- we are required to do so by law or by the card scheme (for example, where the provision of the Card to you becomes unlawful).
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- We may also terminate this Agreement or suspend the Card or Account without prior notice if:
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- we reasonably believe the Card is deliberately being used by you to commit fraud or for other illegal purposes, or
- we discover that any of the information you provided us with when you applied for the Card was incorrect.
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- If we terminate the Agreement without prior notice, we will tell you as soon as practicable afterwards unless we are prohibited by law from doing so.
- 16. Lost and stolen Card and the right to a refund for unauthorised Transactions
- If you know or suspect that the Card is lost or stolen, or that the PIN code is known to an unauthorised person, or if you think a Transaction has been unauthorised, you must tell us without undue delay by calling us using the contact details set out in clause 2 of this Agreement.
- A Transaction will be considered to be unauthorised if you have not given your consent for the Transaction to be made by Authorising it. In order for any unauthorised Transaction amount to be refunded to the Account, you must report the Transaction without undue delay upon becoming aware of it. A refund cannot be made for any unauthorised Transaction reported after 30 days have passed following the debit date of the Transaction.
- Despite the possible 30 day’s refund period, a refund cannot be made for an unauthorised Transaction if the Transaction was correctly displayed in the Account activity online and you failed to inform us about the Transaction being unauthorised without undue delay upon seeing the Transaction in the Account activity online. In this respect we urge you to check the Account activity online on a regular basis and review the Transactions carefully.
- When you call using the contact details set out in clause 2, you will be asked to provide us with the Card’s number where possible and some other identifying details. If there is an Available Balance remaining in the Account, we will replace the Card for the Account. Alternatively, the Available Balance can be redeemed to the Business. If we replace the Card, the Card will be delivered to the registered address subject to possible Fees.
- We will refund as soon as possible, and no later than by the end of the day on which the unauthorised Transaction is reported by you, the full amount of any unauthorised Transaction reported by you, including any associated Fees and charges, provided you notify us of the Transaction in accordance with this Agreement except that:
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- we will refund at the beginning of the next Business Day any unauthorised Transactions reported on a day that is not a Business Day or reported after 4:30 pm on a Business Day;
- if there is evidence that you acted fraudulently or have with intent or gross negligence failed to comply with the Agreement in relation to the use of the Card and safety of the Card’s security details, we will first carry out a prompt investigation to determine whether the Transaction was Authorised by you and will only refund if the investigation shows that the Transaction was not Authorised by you, and
- if the Card was lost or stolen or you have failed to keep your PIN or other security details safe from misappropriation, the Business will be liable for losses up to a maximum of EUR 50 (or equivalent in another currency) per instance of loss, theft or misappropriation.
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- The Business will be liable for all losses incurred in respect of an unauthorised Transaction where you have acted fraudulently or have with intent or gross negligence failed to comply with the Agreement in relation to the use of the Card and safety of its security features.
- Except where you have acted fraudulently the Business will not be liable for any losses incurred in respect of an unauthorised Transaction arising after you notify us of the Transaction in accordance with the Agreement. The Business is not liable for any losses that occur where the Card has been used in a ‘card not present’ environment except where you have acted fraudulently or with intent or gross negligence.
- If there is evidence that you checked the online Account and did not notify us of the unauthorised Transaction without undue delay, we may not refund the Account.
- We reserve the right to investigate any disputed Transaction or misuse of the Card before and after a refund. In order to do so we may need more information and assistance from you and you are required to reasonably cooperate with any investigation by us or any law enforcement agency or other competent authority. If we make a refund following the claim and subsequently establish that the conditions for the refund have not been met, we may deduct it from the Available Balance after notifying you. If there is no sufficient Available Balance, the Business must repay us the amount immediately on demand.
- 17. Our liability
- We will not be liable for any loss arising from:
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- your inability to use the Card as set out or for any reason stated in clauses 10 and 13;
- any cause which results from abnormal or unforeseen circumstances beyond our control, consequences of which would have been unavoidable despite all our efforts to the contrary, including but not limited to fault in or failure of data processing systems, lack of funds, maximum withdrawal limits set by ATM operators;
- a Merchant refusing to accept the Card;
- any issue with the goods or services that are purchased with the Card;
- any loss or theft that is reported later than 30 days following the debit date of the Transaction in question;
- our compliance with legal and regulatory requirements;
- our suspending, restricting or cancelling the Card or refusing to issue or replace it in accordance with clause 8 above, or
- loss or corruption of data unless caused by our wilful default.
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- From time to time, your ability to use the Card may be interrupted, e.g. when we carry out maintenance to improve and keep the service running for our customers. If this happens, the Business may be unable to add funds to your Account, and/or you may be unable to:
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- use the Card to enter into a Transaction, and/or
- obtain information about the funds available in your Account and/or about the recent Transactions.
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- We will not be liable for any loss arising from such interruptions.
- We are also not liable for:
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- business interruption, loss of revenue, goodwill, opportunity or anticipated savings, or
- any indirect or consequential loss arising from your total or partial use or inability to use the Card, or the use of the Card by any third party.
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- To the fullest extent permitted by relevant law, and subject to clauses 16 and 18, our total liability under or arising from this Agreement will be limited as follows:
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- where the Card is faulty due to our default, our liability will be limited to replacement of the Card; and
- where sums are incorrectly deducted from the Available Balance due to our fault, our liability will be limited to payment to the Business of an equivalent amount, and
- in all other circumstances of our default, our liability will be limited to repayment of the amount of the Available Balance.
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- No party will be liable for, or be considered in breach of this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions which are beyond such party’s reasonable control and which such party is unable to overcome by the exercise of reasonable diligence.
- The above exclusions and limitations set out in this clause 17 will apply to any liability of our affiliates, such as Visa or other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
- 18. The right to a refund for Authorised and incorrectly executed Transactions
- A refund may be made for an Authorised Transaction if (i) your Authorisation of the Transaction did not specify the exact amount at the time of the Authorisation, and (ii) the amount exceeded what you would have reasonably expected taking into consideration your previous spending patterns and other relevant circumstances. A claim for a refund of such a Transaction must be made within 30 days from the date on which the funds were deducted from the Available Balance. We may require you to provide us with such information as is reasonably necessary to ascertain whether the conditions for the refund are met. Within ten (10) Business Days of receiving (i) the claim for a refund or (ii) where applicable, any further information we requested from you, we will either refund the full amount of the Transaction to the Account or provide you with justification for refusing the refund.
- In order to receive a refund to the Account for an incorrectly executed Transaction (including non-executed or defectively executed Transaction), you must report the Transaction without undue delay upon becoming aware of it. A refund will not be made for any incorrectly executed Transaction reported after 30 days have passed following the debit date of the Transaction.
- Despite the possible 30 days refund period a refund will not be made for an incorrectly executed Transaction if the Transaction was correctly displayed in the Account activity online and you failed to inform us about the Transaction being incorrectly executed without undue delay upon seeing the Transaction in the Account activity online. In this respect we urge you to check the Account activity online on a regular basis and review the Transactions carefully.
- As soon as practicable after you have notified us of a disputed Transaction in accordance with this Agreement, you must confirm the disputed Transaction in writing by email or by post, setting out full details of the Transaction and your reason for disputing it. You must provide us with all receipts and information that are relevant to the claim.
- Where we are liable for an incorrectly executed Transaction, we will without undue delay refund the amount of the Transaction to the Account, restore the Account to the state it would have been had the defective Transaction not taken place and refund any charges and interest that have arisen as a consequence of the non-execution or defective execution of the Transaction provided you notify us of the Transaction in accordance with this clause 18.
- If we make a refund following a claim and subsequently establish that the conditions for the refund have not been met, we may deduct it from the Available Balance after notifying you. If there is no sufficient Available Balance, the Business must repay us the amount immediately on demand.
- If you are not satisfied with the justification provided for refusing the refund or with the outcome of the refund claim, you may submit a complaint as described in clause 25.
- 19. Changes to this Agreement
- We may change the Agreement by notifying you by e-mail or other agreed means 2 weeks before the change is due to take effect. You will be deemed to have accepted the notified change unless you tell us that you do not agree to the change prior to the change being effective. In this case, the Agreement will terminate upon expiry of the notice. You also have a right to terminate the Agreement immediately and without charge at any point during the notice. In such circumstances we will refund the Available Balance on the Account in accordance with clause 13 and you will not be charged a Fee for closing the Account.
- We may make immediate changes to the exchange rate used to convert money from one currency to another as part of a Transaction.
- 20. Fees and limits
- We may charge Fees in connection with any of our services and facilities that you have made use of or requested based on our Fees Schedule. The Fees Schedule is subject to changes. The most recent update of schedule will be available on the Card Distributor’s Website or Card Distributor’s App.
- We may charge you an administration charge as set out in the Fee Schedule in the following circumstances:
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- in the event that you make any payment to us that is subsequently reversed after sixty (60) days due to inadequate account information or inadequate KYC documentation, and
- to cover our reasonable costs and expenses in providing you with manual support on the Account not otherwise required under the Agreement (e.g. a request for legal, police, court or other judicial support).
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- We may charge you a Fee for chargebacks as set out in the Fees Schedule where a receiving bank declines receipt of a payment following a request to transfer the funds from the Card.
- We have the right to review and change the amount of Available Balance you are able to have in the Account and the spending limits on the Card at any time and will notify you accordingly.
- 21. Cardholder and Business details
- You must let us know as soon as possible if you change your name, address, phone number or e-mail address. If we contact you in relation to the Card or the Account, for example, to notify you that we have cancelled the Card, we will use the most recent contact details you have provided to us. We will not be liable to you if your contact details have changed and you have not informed us.
- 22. Data protection
- You agree that we can use your personal information in accordance with our privacy policy which is set out at https://www.railsbank.com/privacypolicy. The Card Distributor may also use your personal information in accordance with its privacy policy which is set out on the www.paywiser.com. Please note that us and the Card Distributor are each independent data controllers. Each privacy policy includes details of the personal information collected, how it will be used, and who it is passed onto. You can tell us if you do not want to receive any marketing materials from us.
- To comply with applicable KYC-and anti-money laundering rules and regulations our bank, the Issuer, the Card Distributor and the relevant programme manager and/or any other business partner (all together a “Partner”) who will introduce the Cardholder to the Card Distributor and the Issuer, shall be entitled to carry out all necessary verifications regarding the Cardholders identity. The abovementioned Partner and the Card Distributor may use a recognised agency for this verification purposes (details of the agency used will be provided to you on request). In this respect, the Cardholder’s personal data will be transferred to the Card Distributor and the Issuer and will be processed also outside Lithuania.
- 23. Payment disputes with Merchants
- In relation to any dispute between you and a Merchant, provided you are able to satisfy us that you have already made all efforts to resolve the dispute with the relevant Merchant, we will attempt to assist you so far as is reasonably practicable. We may charge you a Fee as referenced in the Fees Schedule for any such assistance we may give you with any such dispute. If there is an irresolvable dispute with a Merchant in circumstances where the Card has been used for a Transaction, you will be liable for the Transaction and will have to resolve this directly with the relevant Merchant.
- 24. Communication
- Unless required otherwise by other provisions of this Agreement, if you have an enquiry relating to the Card, you can call us using the contact details set out in clause 2.
- This Agreement is concluded in English. All communications with you will be in English.
- We may contact you by e-mail, text message or post unless provided otherwise under the Agreement. You must maintain a valid e-mail address, a valid mobile telephone number and a valid address registered with us and must notify us of any changes in your registered details without delay. You agree to check for incoming messages regularly.
- Any e-mail will be deemed received as soon as it is sent unless within 24 hours the sender receives a failure notice indicating that the email has not been transmitted. Any e-mail will be deemed received by the recipient on the day it is received in his e-mail inbox if received before 4.30 pm on a Business Day. If received at any other time, it will be deemed received on the next Business Day.
- Any communication or notice sent by post will be deemed received three (3) days from the date of posting for Lithuanian post or within five (5) days of posting for international post. Any communication or notice sent by text message will be deemed received the same day.
- 25. Complaints
- If you are not satisfied with the Card or the way it is managed, tell us by contacting us using the contact details set out in clause 2 so that we can investigate the circumstances for you. You may also request to be provided with a copy of our complaints procedure at any time. Any complaints you have will be dealt with quickly and fairly and you agree to cooperate with us and provide the necessary information for us to investigate and resolve the complaint. If the Card Distributor does not deal with your complaint adequately, please contact us via email to [email protected].
- We have internal procedures for handling complaints fairly and promptly in accordance with the Bank of Lithuania requirements. A copy of our complaints’ procedure is available on our website at www.paywiser.com and may also be submitted to you directly upon request.
- We will respond to your complaint in writing or using another Durable Medium within 15 (fifteen) Business Days after the receipt of complaint. In exceptional cases, due to reasons which are beyond our control, we may send you a preliminary response by indicating reasons for delay and the term by which you will receive our final response. In any case the term for provision of final response will not exceed 35 (thirty-five) Business Days after the receipt of complaint. Handling of complaints is free of charge. Should you not be satisfied with our final response, or should we fail to respond to you, you always have a right to apply to the Bank of Lithuania or the competent court as described below.
- You may address the Bank of Lithuania with a request to protect your rights and legitimate interests which you consider having been violated. Such complaints may be submitted in writing or by electronic means at the following addresses: (i) Totorių g. 4, LT-01121 Vilnius, [email protected], and/or (ii) Žalgirio g. 90, Vilnius, e-mail: [email protected] Complaints must be submitted in Lithuanian or English languages.
- 26. Assignment
- We may assign this Agreement to another company at any time. If we assign the Agreement to another company you will be given prior notice of this. Unless you tell us within 2 weeks that you do not want to continue with the Agreement after the assignment, you agree that we can assign the Agreement in this way. Your rights will not be affected by such assignment should it happen. You may not assign the Agreement to a third party. Your right to terminate the Agreement under clause 13 is not affected.
- 27. Governing law
- This Agreement will be governed by Lithuanian law and the Lithuanian courts will have exclusive jurisdiction regarding any legal proceedings between us, except where prohibited by EU law. Before referring the dispute to court, you and us will endeavour to resolve the dispute by amicable negotiations.
- 28. Protection of funds
- We ensure that once we have received the funds they are deposited in a secure account, specifically for the purpose of redeeming Transactions made by the Card. In the event that we become insolvent, funds against which the Issuer has already issued electronic money are protected against the claims made by creditors.
- 29. Business opt-out
- Pursuant to Article 3(7) of the Law on Payments of the Republic of Lithuania, UAB “PAYRNET”, as the payment service provider, and you, as a payment service user which is not a consumer, can deviate from provisions of Section III (including Article 13, listing requirements for the framework agreement between the payment service provider and payment service user), Articles 4(1), 4(2), 4(3), 11(1), 11(2), 11(5), 29(3), 36 (to the extent the term for notifying about unauthorised or improperly executed payment transactions is concerned), 37, 39, 41, 44, 51, 52 of the Law on Payments of the Republic of Lithuania. You are hereby notified and by accepting this Agreement you confirm your understanding that this Agreement might in certain cases deviate from the mentioned provisions of the law, including that the contents of this Agreement may be narrower than required under Article 13 of the Law on Payments of the Republic of Lithuania, and agree to be bound by this Agreement as they are worded, including any such deviations.
- 30. The Issuer of the Card
- The Card is issued by UAB “PAYRNET”, a company incorporated in the Republic of Lithuania (company number: 305264430) with its head office at AltSpace, Islandijos str. 6, LT-01117, Vilnius, the Republic of Lithuania, and its registered office at Girulių str. 20, LT-12123 Vilnius, the Republic of Lithuania, an Electronic Money Institution authorised by the Bank of Lithuania under the Law on Electronic Money and Electronic Money Institutions (license reference 72, issued on 2020-08-28) for the issuing of electronic money and provision of the related payment services.
- UAB “PAYRNET” can be contacted by email – [email protected] UAB “PAYRNET” web address is https://www.railsbank.com/payrnet. (This is the web address of PayrNet’s indirect parent company, Railsbank Technology Limited (via UAB Railsbank Technology), and Payrnet is a wholly owned subsidiary of Railsbank and provides regulated financial services to Railsbank customers.).
- 31. Third Party Payment Service Providers
- This clause 31 applies when you use the services of an AISP (or PISP). We may deny an AISP (or PISP) access to the online account connected to the Card for reasonably, justified and duly evidenced reasons relating to unauthorised or fraudulent access to the online account by that AISP (or PISP, including the unauthorised or fraudulent initiation of a transaction.) If we do deny access in this way, we will notify you of the denial and the reason for the denial in advance if possible, or immediately after the denial of access, unless to do so would compromise reasonably justified security reasons or is unlawful. We will allow AISP (or PISP) access to the online account once the reasons for denying access no longer apply.
Fees Schedule
- Fee schedule is available on the Card Distributor’s Website or Card Distributor’s App
Consumer cardholder terms
- 1. These Terms
- 1.1. What these Terms cover. These are the terms and conditions which govern the use of the Card, which you have been issued with or will be issued with.
- 1.2. Why you should read them. Please read these Terms carefully before you use your Card, as they apply to the services provided by us. These Terms tell you who we are, who we work with, how you can use your Card and the steps you need to take to protect yourself from unauthorised use of the Card and how you and we may change or end the contract, what to do if there is a problem and other important information. If there are any terms that you do not understand or do not wish to agree to, or you think that there is a mistake in these Terms, please contact us to discuss.
- 1.3. Interpreting these Terms. In order to easily understand these Terms, please first refer to clause 3 which, amongst other things, sets out the meaning of capitalised terms used in these Terms.
- 1.4. How can you agree to these Terms? You can agree to these Terms by checking the box online confirming that you agree to same or by otherwise confirming your agreement to same or availing of the Card.
- 1.5. When will you become a client of ours? You will be bound by these Terms once you have agreed to it as set out above and these Terms shall remain in force until terminated in accordance with its conditions.
- 2. Information about us and how to contact us
- 2.1. Who we are. We are UAB “PAYRNET”, a company incorporated in the Republic of Lithuania (company number: 305264430) with its head office at AltSpace, Islandijos str. 6, LT-01117, Vilnius, the Republic of Lithuania, and its registered office at Girulių str. 20, LT-12123 Vilnius, the Republic of Lithuania (hereinafter referred to in these Terms as “PayrNet” “we”, “us”, “our”). We are the issuer of your Card. PayrNet can be contacted by email – [email protected] PayrNet web address is https://www.railsbank.com/payrnet.
- 2.2. We are an Electronic Money Institution authorised by the Bank of Lithuania under the Law on Electronic Money and Electronic Money Institutions (license reference 72, issued on 2020-08-28) for the issuing of electronic money and provision of the related payment services.
- 2.3. PayrNet is a wholly owned indirect subsidiary of Railsbank Technology Limited (via UAB Railsbank Technology) and provides regulated financial services to Railsbank customers. Payrnet outsources all IT and Operations processes to Railsbank, and therefore both Railsbank Technology Limited and UAB Railsbank Technology fall under the Railsbank Privacy Policy for the purposes of clause 11 (Data Protection).
- 2.4. Who we work with when providing you with services relating to the Card. Although we are the sole issuer of the Card, we work with Paywiser, UAB, legal entity code 305672574, registered at Mėsinių st. 5, Vilnius, the Republic of Lithuania hereinafter referred to in this Agreement as “Paywiser”) as our Card Distributor. You can find out more information on the Card Distributor on the Card Distributor’s Website.
- 2.5. The Card Distributor will be your first point of contact in relation to these Terms, for example if you:
- 2.5.1.wish to cancel the Card or complain about the service you have been provided with pursuant to these Terms;
- 2.5.2.let us know that the Card has been or potentially has been lost, stolen or misappropriated; and
- 2.5.3.report an unauthorised Transactions relating to your Card.
- 2.6. The services provided by the Card Distributor are governed by a separate set of terms and conditions which are set out in the following weblink www.paywiser.com.
- 2.7. We also provide you with the E-money Account where the funds, which can be spent using the Card, are held. Our company details are set out in section 2.1. The services provided by us for the Account are governed by a separate set of terms and conditions between you and us. The E-money Account is associated with your Card. After having received funds from you, we issue E-Money at par value. Please note that E-money held in the Account shall not be interpreted as a deposit or other repayable funds and will not earn any interest to you.
- 2.8. We ensure that once we have received the funds they are deposited in a secure account, specifically for the purpose of redeeming Transactions made by the Card. In the event that we become insolvent, funds against which we have already issued E-Money are protected against the claims made by creditors.
- 2.9. At your request, part or all of the E-Money held on the Card will be redeemed at their par value at any time, except if otherwise established under these Terms or legal acts. You can choose the amount of redeemed E-Money. Where redemption of E-Money is requested by you on or up to one year after the date of the termination of these Terms, the total monetary value of the E-money held by you will be redeemed.
- 2.10. How to contact us. You can contact us, via the Card Distributor, by using any of the communication methods available:
- (a) on the secure area of the Card Distributor’s Website;
- (b) on the Card Distributor’s mobile application.
- 2.11. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the telephone number, email address or postal address you provided to us or the Card Distributor. Any changes to your telephone number, email address or postal address or other personal data we hold about you must be notified by you immediately and in writing in accordance with section 2.10.
- 3. Interpretation
- 3.1. The definitions set out in this clause apply in these Terms as follows:
- “Account” means E-Money account associated with the Card.
- “AISP” means account information service provider.
- “ATM” means automatic teller machine.
- “Business Day” means a day when the clearing banks in Vilnius are open for business, excluding Saturdays, Sundays and public holidays in Lithuania.
- “Card” means the personal, non-transferable card scheme branded debit card which you have been issued with or will be issued with by us.
- “Card Distributor” means Paywiser being your first point of contact if you have an issue with the Card or this Agreement, the contact details of which are set out in this clause.
- “Card Distributor’s App” means the Card Distributor’s mobile application, relating to the Account and the Card.
- “Card Distributor’s Website” means Card Distributor’s website from time to time, currently www.paywiser.com.
- “Consumer” means an individual who, in accepting these Terms, is acting for a purpose other than a trade, business or profession.
- “Durable Medium” means an instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
- “E-Money” means electronic money, i.e. electronically stored monetary value as represented by a claim against us.
- “E-statement” means information provided in Durable Medium on the available balance in your Account and the details of any Transactions you have entered into.
- “Electronic Money Institution” means licensed electronic money institution, authorized to issue E-Money and provide payment services (as defined in the Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania and the Law on Payment Institutions of the Republic of Lithuania).
- “Expiry Date” means the expiry date printed on the Card.
- “PAN” means primary account number, i.e., the Card number on the Card.
- “Partner” means any of our banking providers and any other business partners.
- “PIN” means secret personal identification number associated with a Card which can be used as one method of authorising Transactions.
- “PISP” means payment initiation service provider.
- “Physical Card” means a “physical” Card, which will have the details of the PAN, the Expiry Date of the Card and the CVV code printed on it.
- “Terms” means these terms and conditions which govern the use of the Card which you have been issued with or will be issued with.
- “Table” means Fee Table set out in Annex A attached to these Terms.
- “Transactions” means transactions referred to in clause 6.1 of these Terms.
- “Virtual Card” means “virtual” Card, in which case you will not receive a Physical Card but will receive details of the PAN, the Expiry Date and the CVV2 code.
- “Website” means our website from time to time, currently https://www.railsbank.com/payrnet .
- 3.2. Sub-clause, clause and paragraph headings shall not affect the interpretation of these Terms and references to sub-clauses, clauses and paragraphs are to the sub-clauses, clauses and paragraphs of these Terms.
- 3.3. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- 3.4. Unless the context otherwise requires, words in the singular shall include the plural, and in the plural shall include the singular.
- 3.5. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
- 4. Commencement and expiry of these Terms
- 4.1. You shall be deemed to accept these Terms as set out above. The Card shall remain our property and will be delivered by us, or on our behalf, by the Card Distributor.
- 4.2. The Terms, excluding Section 8.3, will terminate on the Expiry Date unless the Card is auto-renewed, in which case you will be issued with a new Card before the existing one expires. In this instance these Terms will remain valid until the existing Card expires or is otherwise as set out in these Terms.
- 5. Issuance and activation of the Card
- 5.1. You may be issued with:
- 5.1.1.a Physical Card; or
- 5.1.2.a Virtual Card.
- 5.2. In order to start using the Card, you may be required to activate it in accordance with instructions given to you by the Card Distributor. You must keep your Physical Card and the details of the Virtual Card (as applicable) in a safe place and protect it against unauthorised access or use by third parties.
- 5.3. If you are issued with a Physical Card:
- 5.3.1.you must sign the Physical Card as soon as you receive it;
- 5.3.2.you may also receive a PIN separately by post or you may be able to retrieve it electronically via the Card Distributor’s Website or the Card Distributor’s App.
- 5.4. You should memorise your PIN when you receive it. If you need to keep the written version of the PIN or separately write the PIN down for future reference, you must never keep it with the Card. You must never disclose your PIN to any other person, not even us. If you have not protected your PIN and your Card is used without your knowledge using the correct PIN, this may be classed as negligence for the purposes of Section 9.
- 5.5. You can manage the Card on your secure area of the Card Distributor’s Website and on the Card Distributor’s App.
- 5.6. The Card shall remain valid until the Expiry Date. If you require a replacement Card, please contact the Card Distributor using the contact details set out in section 2.10. Please note that an additional fee may be charged for a replacement Card – please see the fees section 12 for more information.
- 5.7. The Card is an E-money product and as such it is not covered by the by the Deposit Insurance Scheme of the Republic of Lithuania or a comparable guarantee scheme in any other country. You may only use the Card for lawful Transactions.
- 6. Transactions
- 6.1. Should the relevant card scheme and/or programme allow, you may use your Card to enter into the following Transactions:
- 6.1.1.purchasing goods and/or services from merchants affiliated with the card scheme on your Card;
- 6.1.2.withdrawing cash from authorised banks worldwide;
- 6.1.3.receiving cash back from merchants (merchant dependent);
- 6.1.4.making cash withdrawals from ATMs.
- 6.2. You can authorise a Transaction by:
- 6.2.1.allowing a merchant to swipe the magnetic strip of the Card and the corresponding sales slip being signed; or
- 6.2.2.inserting the Card into a chip & PIN device and the correct PIN being entered;
- 6.2.3.providing relevant information to the merchant that allows the merchant to process the Transaction, for example, providing the merchant with the PAN, the Expiry Date and the CVV2 in the case of an internet or other non-face-to-face Transaction;
- 6.2.4.relevant information being provided to the payment initiation service provider that allows the payment initiation service provider to process the Transaction;
- 6.2.5.the Card is tapped against a “contactless” enabled reader and accepted by such reader.
- 6.3. If any of the methods of authorisation set out in section 6.2 are used, we shall be entitled to assume that you have authorised a Transaction unless we were informed that the relevant details of the Card have been lost, stolen or misappropriated prior the Transaction taking place.
- 6.4. You acknowledge the correctness of the amount of each Transaction which you authorise.
- 6.5. Once you have authorised a Transaction, the Transaction cannot be stopped or revoked. You may in certain circumstances be entitled to a refund in accordance with these Terms.
- 6.6. On receipt of notification of your authorisation of a Transaction and the Transaction payment order from the merchant and/or authorised bank, normally we will deduct the value of the Transaction, plus any applicable fees and charges, from the available funds in the Account. We will execute the Transaction by crediting the account of the merchant’s or ATM operator’s or bank’s (as applicable) payment service provider by the end of the next Business Day following the notification. If the notification is received on a non-Business Day or after 4:30 pm on a Business Day, it will be deemed received on the next Business Day.
- 6.7. We are not liable if, for any reason, the affiliated merchants or authorised banks do not accept the Card, or accept it only partly, nor are we liable in the case of late delivery of, or failure to deliver, goods or services. In the event of disputes or complaints of any kind concerning goods or services, or the exercise of any right in this connection, you should contact the affiliated merchant and/or authorised ban and/or ATM operator.
- 6.8. It is your responsibility to ensure that there are available funds in your Account to cover any spend, allowing for any foreign exchange fees and other applicable fees under these Terms. Should the Account at any time and for any reason have a negative balance, you shall repay the excess amount immediately and in full.
- 6.9. For Card usage conducted in other currencies (other than the currency of the Card), you shall accept the exchange rate used by Visa, which can be found at https://www.visa.co.uk/support/consumer/travel-support/exchange-rate-calculator.html. Any changes in exchange rates may be applied immediately and without notice. The exchange rate, where applicable to a Transaction, will be shown in the E-statement. Different exchange rates may apply when reserving or debiting funds. Please be careful when opting to use a merchant’s, bank’s or ATM operators exchange rates as they are often less competitive that the card scheme’s exchange rate.
- 6.10. The maximum amount you may withdraw in cash shall be subject to a daily limit, irrespective of the available funds in the Account. We may charge a fee for withdrawal of cash. Some ATMs may charge an additional fee, which is not included in the Table, however, will apply on top of the fees set out in the Table. ATM withdrawals may also be subject to foreign exchange rates, maximum withdrawal limits, rules and regulations of the relevant ATM operator or bank. It is your responsibility to check whether any such additional fees apply, as they cannot be refunded once the cash has been withdrawn.
- 6.11. We and the Card Distributor have the right to review and change the spending limits on the Card at any time. You will be notified of any such changes via the Card Distributor’s Website and/or the Card Distributor’s App.
- 7. Non-execution of a Transaction
- 7.1. In certain circumstances we may refuse to execute a Transaction that you have authorised. These circumstances include:
- 7.1.1.if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorised manner;
- 7.1.2.if there are insufficient funds available to cover the Transaction and all associated fees at the time that we receive notification of the Transaction or if there is an outstanding shortfall on the balance of the Account;
- 7.1.3.if we have reasonable grounds to believe you are acting in breach of these Terms;
- 7.1.4.if there are errors, failures (mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing Transactions, or
- 7.1.5.if we are required to do so by law.
- 7.2. Unless it would be unlawful for us to do so, where we refuse to complete a Transaction, we will notify you as soon as reasonably practicable that it has been refused and the reasons for the refusal, together, where relevant, with the procedure for correcting any factual errors that led to the refusal. Where the refusal is reasonably justified, we may charge you fee when we notify you that your payment request has been refused.
- 7.3. You may also claim a refund for a Transaction that you authorised provided that your authorisation did not specify the exact amount when you consented to the Transaction, and the amount of the Transaction exceeded the amount that you could reasonably have expected it to be taking into account your previous spending pattern on the Card, these Terms and the relevant circumstances.
- 7.4. Such a refund must be requested from us within 8 weeks of the amount being deducted from the Card. We may require you to provide us with evidence to substantiate your claim. Any refund or justification for refusing a refund will be provided within 10 Business Days of receiving your refund request or, where applicable, within 10 Business Days of receiving any further evidence requested by us. Any refund shall be equal to the amount of the Transaction. Any such refund will not be subject to any fee.
- 8. Access to information on Transactions and available funds in the Account
- 8.1. The Card Distributor has set up a secure area on the Card Distributor’s Website and on the Card Distributor’s App where you can view the available balance in your Account and view the details of any Transactions you have entered into. You can gain access to this by following the instructions on the Card Distributor’s Website or the Card Distributor’s App. You must keep the credentials to obtain access to the secure areas safe and not disclose them to anyone.
- 8.2. We can, upon request, send you monthly E-statement by email setting out:
- 8.2.1.a reference enabling you to identify each Transaction, the payer/payee, as well as other details transferred together with the Transaction;
- 8.2.2.the amount of each Transaction;
- 8.2.3.the currency in which the Card is debited/credited;
- 8.2.4.the amount of any Transaction charges including their break down, where applicable;
- 8.2.5.the exchange rate used in the Transaction by us and the amount of the Transaction after the currency conversion, where applicable; and
- 8.2.6.the Transaction debit/credit value date.
- If you would like us to provide you with the E-statement more often than monthly or not by email (or if agreed differently under this section 8, more often than agreed or in a different manner than agreed) then we may charge you a reasonable administration fee to cover our costs of providing the information more often or in a different manner.
- 8.3. If for any reason you have some available funds left in your Account following the termination of these Terms, you may redeem them by contacting us using the contact details set out in clause 2.10.
- 9. Loss of the Card / Transaction refunds
- 9.1. As soon as you become aware of any loss, theft, misappropriation or unauthorised use of the Card, PIN or other security details, you must immediately notify us using the contact details set out in section 2.10.
- 9.2. In the event of theft, you should consider reporting the theft to the police.
- 9.3. If we believe you did not authorise a particular Transaction or that a Transaction was incorrectly carried out, in order to get a refund you must contact us as soon as you notice the problem using the contact details set out in section 2.10 and in any case no later than 13 months after the amount of the Transaction has been deducted from your Account.
- 9.4. We will refund any unauthorised Transaction and any associated Transaction fees and charges payable under these Terms subject to the rest of this section 9.
- 9.5. This refund shall be made as soon as practicable and in any event no later than the end of the Business Day following the day on which we become aware of the unauthorised Transaction, unless we have reasonable grounds to suspect fraudulent behaviour and notify the appropriate authorities. If we become aware of the unauthorised Transaction on a non-Business Day or after 4:30 pm on a Business Day, we will be deemed to have only become aware of the unauthorised Transaction at the beginning of the next Business Day.
- 9.6. If we are liable for an incorrectly executed Transaction, we will immediately refund you the amount of the incorrectly executed Transaction together with any associated Transaction fees and charges payable under these Terms. Depending on the circumstances, we may require you to complete a dispute declaration form relating to the incorrectly executed Transaction. We may conduct an investigation either before or after any refund has been determined or made. We will let you know as soon as possible the outcome of any such investigation.
- 9.7. If a Transaction initiated by a merchant (for example, this happens when you use the Card in a shop) has been incorrectly executed and we receive proof from the merchant’s payment service provider that we are liable for the incorrectly executed Transaction, we will refund as appropriate and immediately the Transaction and any associated Transaction fees and charges payable under these Terms, as well as interest accruing to you as a result of non-execution or improper execution of Transaction, if any.
- 9.8. We are not liable for any incorrectly executed Transactions if we can show that the payment was actually received by the merchant’s payment service provider, in which case they will be liable.
- 9.9. If you receive a late payment from another payment service provider (e.g. a refund from a retailer’s bank) via us, we will credit the Account with the relevant amount of any associated fees and charges so that you will not be at a loss.
- 9.10. We will limit your liability to EUR 50 for any losses incurred in respect of unauthorised Transactions subject to the following:
- 9.10.1. you will be liable for all losses incurred in respect of an unauthorised Transaction if you have acted fraudulently, or have intentionally or with gross negligence failed to: (a) look after and use the Card in accordance with these Terms; or (b) notify us of the problem in accordance with this section 9;
- 9.10.2. except where you have acted fraudulently, you will not be liable for any losses:
- (a) incurred in respect of an unauthorised Transaction which arises after your notification to us of the loss, theft or misappropriation of the Card;
- (b) arising where you have used the Card in a distance contract, for example, for an online purchase;
- (c) arising where the loss, theft or misappropriation of the Card was not detectable by you before the unauthorised Transaction took place;
- (d) where we have failed to provide you with the appropriate means of notification;
- (e) arising where we are required by law to apply Strong Customer Authentication (as defined in section 9.11) but fail to do so;
- (f) the losses were caused by an act or omission of any employee, agent or branch of ours or any entity which carries out activities on our behalf.
- 9.11. “Strong Customer Authentication” means authentication based on the use of two or more elements that are independent, in that the breach of one element does not compromise the reliability of any other element, and designed in such a way as to protect the confidentiality of the authentication data, with the elements falling into two or more of the following categories: (a) something known only by you (“knowledge”), (b) something held only by you (“possession”); (c) something inherent to you (“inherence”). Strong Customer Authentication is used to make Transactions more secure.
- 9.12. We are required to provide Strong Customer Authentication when:
- 9.12.1. you view the available balance on your Account either through the Card Distributor’s Website or the Card Distributor’s App and/or through an AISP;
- 9.12.2. when you initiate an electronic Transaction, directly or when you initiate a remote electronic Transaction through a PISP; or
- 9.12.3. when you carry out any action through a remote channel which may imply a risk of payment fraud or other abuses.
- 9.13. If our investigations show that any disputed Transaction was authorised by you or you may have acted fraudulently or with gross negligence, we may reverse any refund made and you will be liable for all losses we suffer in connection with the Transaction including but not limited to the cost of any investigation carried out by us in relation to the Transaction. We will give you reasonable notice of any reverse refund.
- 10. Blocking of the Card
- We may block the Card, in which case you will not be able to execute any further Transactions, if we have reasonable concerns about the security of the Card or suspect the Card is being used in a fraudulent or unauthorised manner. We will notify you of any such blocking in advance, or immediately after if this is not possible, and of the reasons for the suspension unless to do so would compromise reasonable security measures or otherwise be unlawful. We will unblock the Card and, where appropriate, issue a new Card, PIN and other security features free of charge as soon as practicable once the reasons for the suspension cease to exist.
- 11. Data Protection
- 11.1. You agree that we can use your personal data in accordance with these Terms and our privacy policy, which is set out on https://www.railsbank.com/privacypolicy. This privacy policy includes details of the personal information that we collect, how it will be used, and who we pass it to. You can tell us if you do not want to receive any marketing materials from us. For the avoidance of doubt, we will share your personal data with the Card Distributor.
- 11.2. To comply with applicable know-your-client-rules and anti-money laundering regulations (such as the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania No VIII-275 of 19 June 1997 (as amended), we and/or the Distributor and/or each Partner shall be entitled to carry out all necessary verifications of your identity. The above mentioned Partner and the Distributor may use a recognised agency for this verification purposes (details of the agency used will be provided to you on request). Such verifications will not affect your credit score but may leave a ‘soft footprint’ on your credit history.
12. Fees and spending limits
- 12.1. You are liable for paying all fees arising from your use of the Card and subject to all spending limits placed on the Card by us.
- 12.2. The fees and spending limits on the Card are set out:
- 12.2.1. in the Table set out in Annex A attached hereto;
- 12.2.2. on the secure area of the Card Distributor’s Website; and/or
- 12.2.3. on the Card Distributor’s App.
13. Complaints
- 13.1. If you would like to make a complaint relating to these Terms, please contact us using the contact details of the Card Distributor in section 2 so we can resolve the issue. If the Card Distributor does not deal with your complaint adequately, please contact us via email to [email protected] We have internal procedures for handling complaints fairly and promptly in accordance with the Bank of Lithuania requirements. We will promptly send you a complaint acknowledgement and a copy of our complaints procedure.
- 13.2. Please note that you may request a copy of our complaints procedure at any time. Details of our complaints procedure can also be found on our Website. You agree to cooperate with us and provide the necessary information for us to investigate and resolve the complaint as quickly as possible.
- 13.3. We will respond to your complaint in writing or using another Durable Medium within 15 (fifteen) Business Days after the receipt of complaint. In exceptional cases, due to reasons which are beyond our control, we may send you a preliminary response by indicating reasons for delay and the term by which you will receive our final response. In any case the term for provision of final response will not exceed 35 (thirty-five) Business Days after the receipt of complaint. Handling of complaints is free of charge. The claims shall be submitted, handled and responded to in Lithuanian or English, unless use of another language is agreed between you and us.
- 13.4. Should you not be satisfied with our final response, or should we fail to respond to you within 15 Business Days from receiving the claim, you shall have a right to apply to the Bank of Lithuania in three different ways: (1) through the electronic dispute settlement facility E-Government Gateway, (2) by completing a consumer application form and sending it to the Financial Market Supervision Service of the Bank of Lithuania at Žalgirio str. 90, LT-09303 Vilnius, email: [email protected], or (3) by filling out a free-form application and sending it to the Financial Market Supervision Service of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, email: [email protected] Whichever way you choose to submit the claim, it must be in the official language of the country, i.e. Lithuanian. You may only apply to the Bank of Lithuania within 1 year after you received from us a response that is not satisfactory, or after the 15 Business Days for responding has passed and we did not respond. Addressing us first is a precondition for you applying to the Bank of Lithuania. The decision of the Bank of Lithuania is not mandatory for us or you and you, even after the dispute was solved by the Bank of Lithuania, shall have a right to apply to the court.
- 13.5. In case you are generally not satisfied with us or our services, where there is no claim or disagreement between you and us, you may always approach the Bank of Lithuania by addressing a complaint to the Bank of Lithuania at Totorių str. 4, LT-01121 Vilnius, email: [email protected], or to the Financial Market Supervision Service of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, email: [email protected]
- 13.6. The European Commission’s online dispute resolution (“ODR”) platform can be found at https://ec.europa.eu/consumers/odr/main/?event=main.adr.show. The ODR platform can be used to resolve disputes between us and consumers.
14. Third Party Payment Service Providers
- 14.1. This section 14 applies when you use the services of an AISP or a PISP.
- 14.2. We may deny an AISP or PISP access to the Account for reasonably justified and duly evidenced reasons relating to unauthorised or fraudulent access to the Account by that AISP or PISP, including the unauthorised or fraudulent initiation of a Transaction. If we do deny access in this way, we will notify you of the denial and the reason for the denial in advance if possible, or immediately after the denial of access, unless to do so would compromise reasonably justified security reasons or would be unlawful. We will allow AISP or PISP access to the Account once the reasons for denying access no longer apply.
-
15. Cooling off period
- 15.1. If you purchased the Card online or by some other remote means, for example via telephone, you are entitled to a 14-day “cooling off” period from the date you received your original Card during which you may cancel the Card. Should you wish to cancel the Card and these Terms during the “cooling off” period, please return the Card to the Card Distributor at Paywiser UAB, Mėsinių st. 5, Vilnius, Republic of Lithuania unsigned and unused within 14 days of issue and a full refund of any fees paid to date will be made to you. If you have used the Card, you will not be entitled to a refund of any funds that have been spent, including any associated fees, but we will refund any unspent available funds free of charge.
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16. Other important terms
- 16.1. The Terms and all communications will be in English, or, by agreement between you and us, in another language agreed. We shall communicate in the official language (Lithuanian) or in English, or by agreement, in another language agreed between you and us. You may request a copy of these Terms free of charge at any time during the contractual relationship. If we need to contact you in the event of suspected or actual fraud or security threats, we will first send you an SMS or email prompting you to contact our customer services team using the contact information we have been supplied with.
- 16.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- 16.3. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
- 16.4. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 16.5. Changes to these Terms / Termination. We reserve the right to amend these Terms for any reason by giving you two-months’ notice by e-mail. You will be deemed to have accepted the changes if you raise no objection prior to the expiry of the period set out in the notice. If you do not wish to accept the changes, you may terminate these Terms immediately and without charge by proving us with notice at any time prior to the expiry of the notice period. At all other times you may terminate these Terms at any time by giving us one months’ notice in accordance with section 2.10 and we may terminate these Terms by giving you two months’ notice in accordance with section 2.11.
- 16.6. If a court finds part of this contract illegal, the rest will continue in force. Each of the sections and sub-sections of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 16.7. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay us on time and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
- 16.8. Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by Lithuanian law and you can bring legal proceedings in respect of these Terms in the Lithuanian courts.
Fees Schedule
- Fee schedule is available on the Card Distributor’s Website or Card Distributor’s App
PAYRNET LIMITED
TERMS AND CONDITIONS FOR CONSUMERS
ELECTRONIC MONEY ACCOUNTS
BACKGROUND
This Agreement: This Agreement is with PayrNet Limited, a company incorporated in England and Wales (company number: 09883437) with its head office at “PayrNet, WeWork, 3 Waterhouse Square, 138 Holborn, London, EC1N 2SW, UK” and registered office at “Kemp House, 152 City Road, London, United Kingdom, EC1V 2NX” (hereinafter referred to in this Agreement as “Payrnet”, “we” “us”). We are an Electronic Money Institution (“EMI”) and are authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (“EMR 2011”) (register reference 900594) for the issuing of electronic money.
Our relationship with Paywiser: As an EMI, we have appointed Paywiser Limited as a distributor of certain of our services. A distributor means a person who distributes or redeems electronic money on behalf of an electronic money institution but who does not provide payment services on behalf of the electronic money institution (as distributor is defined in the EMR 2011).
AGREED TERMS
- OUR TERMS
- Interpreting this Agreement. In order to easily understand the terms of this Agreement, please first refer to clause 3 which, amongst other things, sets out the meaning of capitalised terms used in this Agreement.
- Why you should read it? Please read this Agreement carefully before you agree to it, as its terms apply to the services provided by us. The Agreement explains many of your responsibilities to us and our responsibilities to you, how and when this Agreement can be terminated and the extent of our liability to you. If there are any terms that you do not understand or do not wish to agree to, please contact us. You should only complete the sign‑on procedures and agree to the terms of this Agreement if you agree to be bound by this Agreement.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are PayrNet Limited, an EMI as described above.
- Communications between us are to be in English. This Agreement is concluded in England and all communications between you and us shall be in English only.
- How to contact us. All queries should be directed towards Paywiser Limited. You can contact PayWiser Limited using details set out on paywiser.com.
- How we may contact you. If we have to contact you we will do so as follows: in the first instance via Paywiser Limited except in urgent cases. If we have not been able to contact you through Paywiser Limited or if the matter is urgent, we will contact you by writing to you at the email address(es), you provided when agreeing to this Agreement or by using any other contact details you have provided to us or have used in communications with us or the Paywiser Limited.
- ‘Writing’ includes emails. When we use the words “writing” or “written” in this Agreement, this includes emails.
- Some of the services we provide are subject to the Payment Services Regulations 2017. The Regulations regulate how payments must be transmitted and provide protection for the clients of authorised payment institutions and electronic money institutions.
- INTERPRETATION
- The definitions set out in this clause apply in this Agreement as follows:
“Agreement” means this agreement and the privacy policy.
“Consumer“ means an individual who, in entering into this Agreement, is acting for a purpose other than a trade, business or profession.
“Electronic Money” means electronically stored monetary value as represented by a claim against us.
“Regulations” means the Payment Services Regulations 2017 (SI 2017 No. 752).
“Safeguarded Account” means the bank account(s) belonging to us, which are separate to our own office bank accounts, into which we will receive money from you, or on your behalf, in return for the issuance of Electronic Money.
“Services” means the e-money account services.
-
- Clause headings shall not affect the interpretation of this Agreement and references to clauses are to the clauses of this Agreement.
-
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
-
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
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- A reference to a statute or statutory provision is a reference to it as amended, extended or re‑enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
- TERM AND BECOMING A CLIENT
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- How can you agree to this Agreement? You can agree to this Agreement by checking the box online through PayWiser confirming that you agree during the registration process or by otherwise confirming the terms of this agreement.
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- When will you become a client of ours? You will be bound by this Agreement once you have agreed to it as set out above and this Agreement shall remain in force until terminated in accordance with its terms.
- SERVICES
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- As part of the Services, we shall issue you with Electronic Money upon receipt of money from you or a third party on your behalf, store your Electronic Money and redeem Electronic Money both on your express instruction and in accordance with this Agreement and the agreement of Paywiser Limited.
- Our Services do not include the provision of advice. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation, or markets.
- ISSUING ELECTRONIC MONEY TO YOU
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- Where we receive money from you or on your behalf, this money will be held by us in the relevant Safeguarded Account in exchange for the issuance by us to you of Electronic Money. Your funds will not be used by us for any other purpose and in the unlikely event that we become insolvent, your e-money is protected in an EEA-authorised credit institution or the Bank of England.
- When we issue you with Electronic Money, us holding the funds corresponding to the Electronic Money is not the same as a Bank holding your money in that (i) we cannot and will not use the funds to invest or lend to other persons or entities; (ii) the Electronic Money will not accrue interest and (iii) the Electronic Money is not a deposit and is therefore not covered by the Financial Services Compensation Scheme but it is held by us and protected in the relevant Safeguarded Account.
- You may hold Electronic Money and we may hold funds corresponding to your Electronic Money indefinitely. However, if we hold Electronic Money for you for more than two years without any activity on the account, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and send the corresponding funds, less any of our costs incurred, to the last known bank account we have on file for you.
- We accept no responsibility in the event that you send money to the incorrect account.
- We do not accept cash or cheques. We accept monies via a variety of methods of electronic funds transfer to our bank account, the details of which we shall provide to you upon request.
- GENERAL LIMITATION OF LIABILITY
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- Where we and another person (such as a payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.
- Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.
- Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.
- COMPLAINTS
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- If you feel that we have not met your expectations in the delivery of our Services, in the first instance contact Paywiser Limited using the contact email address for complaints set out on paywiser.com. If Paywiser Limited does not deal with your complaint adequately, please contact us via email to [email protected].
- We have internal procedures for handling complaints fairly and promptly in accordance with the Financial Conduct Authority’s requirements. A copy of our complaints procedure is available upon request.
- If you are an eligible complainant you may be able to take your complaint to the Financial Ombudsman Service should you not be satisfied with our final response. Eligibility criteria and information on the procedures involved are available from http://www.financial‑ombudsman.org.uk. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
- ESTABLISHING YOUR IDENTITY
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- To comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and EU Wire Transfer Regulations (Regulation (EU) 2015/847) and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity in our records from time to time. If satisfactory evidence is not promptly provided to us we cannot accept your instructions.
- We may keep records of the contents and results of any searches that we carry out on you in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or, if required, a credit reference agency check will leave a soft footprint on your credit history.
- We are obliged to report any reasonable suspicions about activities on the electronic accounts to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and the Proceeds of Crime Act 2002) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.
- TERMINATION
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- When we may terminate or suspend this Agreement.
- We can terminate this Agreement at any time:
- If you breach this Agreement; and/or
- If we suspect that you are using the Services for any illegal purposes.
- We may suspend or terminate your access to the Services where we have reasonable grounds for concern relating to: (i) the security of your account(s), whether or not you have informed us of a security breach; and/or (ii) the suspected unauthorised or fraudulent use of your account(s).
- If Paywiser Limited notifies us that its agreement with you has terminated we can terminate this agreement with immediate effect.
- If you terminate your agreement with Paywiser Limited, or that agreement is terminated, we can terminate this Agreement with immediate effect.
- If our agreement with Paywiser Limited terminates, we will give you not less than two (2) month’s written notice to terminate this Agreement.
- We may terminate this Agreement at any time and for any reason by giving you not less than two (2) month’s written notice.
- When you may terminate this Agreement. You can terminate this Agreement at any time and for any reason by cancelling your agreement with Paywiser Limited. We may contact you to confirm your request.
- Effect of Termination. Upon the effective date of termination:
- You will no longer be able to avail yourself of the Services;
- We shall redeem any Electronic Money we hold for you and send the equivalent funds to a bank account in your name, unless agreed by both parties, less any monies which are due and owing to us.
- After termination, you may contact us using the contact details set out in clause 2.3 to redeem any Electronic Money you still hold with us.
- CONFIDENTIALITY
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- We undertake that we shall not at any time, disclose to any person any of your confidential information, except in the following circumstances:
- to our employees, officers, representatives or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with this Agreement. We shall ensure that our employees, officers, representatives or advisers to whom we disclose your confidential information comply with this clause; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
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- How we may use your personal information. We will only use your personal information as set out in our privacy policy which can be found https://railsbank.com/payrnet. (Payrnet is a wholly owned subsidiary of Railsbank Technology Limited).
- GENERAL
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- Recording of telephone conversations. We may record telephone conversations with or without use of a warning tone and we may use these recordings as evidence for a particular purpose or in relation to disputes as well as for our ongoing quality control and training programme. We may also maintain a record of all emails sent by or to us. All those recordings and records will be maintained at our absolute discretion and are our property and can be used by us in the case of a dispute. We do not guarantee that we will maintain such recordings or records or be able to make them available to you. You consent to the use and admissibility of any such recording as evidence in any dispute or anticipated dispute between the parties which relates to the dealings between the parties.
- Ensuring this Agreement is legally enforceable. For a contract to be legally enforceable, there needs to be an offer, acceptance and consideration. This Agreement constitutes our offer to make the Services available to you and you agreeing to this Agreement constitutes your acceptance of this offer. In order to ensure that this Agreement is legally binding, upon you becoming a client, you promise to pay us the sum of one‑Pound sterling, upon demand from us, as consideration.
- Even if we delay in enforcing under this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- What if something unexpected happens? We shall have no liability to you under this Agreement or any Contract if we are prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock‑outs or other industrial disputes (whether involving us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default of sub‑contractors, provided that you are notified of such an event and its expected duration.
- If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sub‑clauses, clauses and paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sub‑clauses, clauses and paragraphs will remain in full force and effect.
- We are not partners and neither of us may act as the other’s agent. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- We can make amendments to this Agreement. We shall have the right to make such amendments to this Agreement, via Paywiser Limited, as are necessary to comply with any laws and regulations that are applicable to the performance of our obligations under this Agreement where such laws and regulations are implemented and/or amended after the date of this Agreement. Such amendments may be made at any time upon as much notice as possible to you and shall take effect following such notice, if any. If you object to the proposed amendments, you have the right to terminate this Agreement without charge before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate this Agreement before the date proposed by us for the entry into force of the changes. If we receive no objection from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective.
- What happens if you are jointly a client of ours with another person? Where you comprise two or more people, each person will be jointly and severally liable to us in respect of all obligations contained in this Agreement.
- Can you obtain a copy of this Agreement or additional information? You may request and we shall provide a copy of this Agreement and any information set out in Schedule 4 of the Regulations (if relevant) at any time prior to termination of this Agreement.
- We may transfer this agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
- Nobody else has any rights under this Agreement. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Which laws apply to this Agreement and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
PAYRNET LIMITED
TERMS AND CONDITIONS FOR CORPORATES
ELECTRONIC MONEY ACCOUNTS
BACKGROUND
This Agreement: This Agreement is with PayrNet Limited, a company incorporated in England and Wales (company number: 09883437) with its head office at “PayrNet, WeWork, 3 Waterhouse Square, 138 Holborn, London, EC1N 2SW, UK” and registered office at “Kemp House, 152 City Road, London, United Kingdom, EC1V 2NX” (hereinafter referred to in this Agreement as “Payrnet”, “we” “us”). We are an Electronic Money Institution (“EMI”) and are authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (“EMR 2011”) (register reference 900594) for the issuing of electronic money.
Our relationship with Paywiser Limited: As an EMI, we have appointed Paywiser Limited as a distributor of certain of our services. A distributor means a person who distributes or redeems electronic money on behalf of an electronic money institution but who does not provide payment services on behalf of the electronic money institution (as distributor is defined in the EMR 2011).
AGREED TERMS
- OUR TERMS
- Interpreting this Agreement. In order to easily understand the terms of this Agreement, please first refer to clause 3 which, amongst other things, sets out the meaning of capitalised terms used in this Agreement.
- Why you should read it? Please read this Agreement carefully before you agree to it, as its terms apply to the services provided by us. The Agreement explains many of your responsibilities to us and our responsibilities to you, how and when this Agreement can be terminated and the extent of our liability to you. If there are any terms that you do not understand or do not wish to agree to, please contact us. You should only complete the sign‑on procedures and agree to the terms of this Agreement if you agree to be bound by this Agreement.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are PayrNet Limited, an EMI as described above.
- Communications between us are to be in English. This Agreement is concluded in England and all communications between you and us shall be in English only.
- How to contact us. All queries should be directed towards PayWiser Limited. You can contact PayWiser Limited using details set out on paywiser.com.
- How we may contact you. If we have to contact you we will do so as follows: in the first instance via Paywiser Limited except in urgent cases. If we have not been able to contact you through Paywiser Limited or if the matter is urgent, we will contact you by writing to you at the email address(es), you provided when agreeing to this Agreement or by using any other contact details you have provided to us or have used in communications with us or the Paywiser Limited.
- ‘Writing’ includes emails. When we use the words “writing” or “written” in this Agreement, this includes emails.
- Some of the services we provide are subject to the Payment Services Regulations 2017. The Regulations regulate how Payments must be transmitted and provide protection for the clients of authorised payment institutions and electronic money institutions.
- INTERPRETATION
- The definitions set out in this clause apply in this Agreement as follows:
“Agreement” means this agreement and the privacy policy.
“Electronic Money” means electronically stored monetary value as represented by a claim against us.
“Regulations” means the Payment Services Regulations 2017 (SI 2017 No. 752).
“Safeguarded Account” means the bank account(s) belonging to us, which are separate to our own office bank accounts, into which we will receive money from you, or on your behalf, in return for the issuance of Electronic Money.
“Services” means the e-money account services.
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- Clause headings shall not affect the interpretation of this Agreement and references to clauses are to the clauses of this Agreement.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
- A reference to a statute or statutory provision is a reference to it as amended, extended or re‑enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
- TERM AND BECOMING A CLIENT
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- How can you agree to this Agreement? You can agree to this Agreement by checking the box online through PayWiser confirming that you agree during the registration process or by otherwise confirming the terms of this agreement.
- When will you become a client of ours? You will be bound by this Agreement once you have agreed to it as set out above and this Agreement shall remain in force until terminated in accordance with its terms.
- SERVICES
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- As part of the Services, we shall issue you with Electronic Money upon receipt of money from you or a third party on your behalf, store your Electronic Money and redeem Electronic Money both on your express instruction and in accordance with this Agreement and the agreement of Paywiser Limited.
- Our Services do not include the provision of advice. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation, or markets.
- ISSUING ELECTRONIC MONEY TO YOU
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- For the avoidance of doubt, this section is only applicable for unregulated entities and Small Payment Institutions (SPI).
- Where we receive money from you or on your behalf, this money will be held by us in the relevant Safeguarded Account in exchange for the issuance by us to you of Electronic Money. Your funds will not be used by us for any other purpose and in the unlikely event that we become insolvent, your e-money is protected in an EEA-authorised credit institution or the Bank of England.
- When we issue you with Electronic Money, us holding the funds corresponding to the Electronic Money is not the same as a Bank holding your money in that (i) we cannot and will not use the funds to invest or lend to other persons or entities; (ii) the Electronic Money will not accrue interest; and (iii) the Electronic Money is not a deposit and is therefore not covered by the Financial Services Compensation Scheme but it is held by us and protected in the relevant Safeguarded Account.
- You may hold Electronic Money and we may hold funds corresponding to your Electronic Money indefinitely. However, if we hold Electronic Money for you for more than two years without any activity on the account, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and send the corresponding funds, less any of our costs incurred, to the last known bank account we have on file for you.
- We accept no responsibility in the event that you send money to the incorrect account.
- We do not accept cash or cheques. We accept monies via a variety of methods of electronic funds transfer to our bank account, the details of which we shall provide to you upon request.
- GENERAL LIMITATION OF LIABILITY
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- Where we and another person (such as a payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.
- Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.
- Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.
- COMPLAINTS
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- If you feel that we have not met your expectations in the delivery of our Services, in the first instance contact Paywiser Limited using the contact email address for complaints set out on paywiser.com. If Paywiser Limited does not deal with your complaint adequately, please contact us via email to [email protected].
- We have internal procedures for handling complaints fairly and promptly in accordance with the Financial Conduct Authority’s requirements. A copy of our complaints procedure is available upon request.
- If you are an eligible complainant you may be able to take your complaint to the Financial Ombudsman Service should you not be satisfied with our final response. Eligibility criteria and information on the procedures involved are available from http://www.financial‑ombudsman.org.uk. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
- ESTABLISHING YOUR IDENTITY
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- To comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and EU Wire Transfer Regulations (Regulation (EU) 2015/847) and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity (or directors or partners of your business and/or your ultimate beneficial owners) in our records from time to time. If satisfactory evidence is not promptly provided to us we cannot accept your instructions.
- We may keep records of the contents and results of any searches that we carry out on you (or directors or partners or shareholders of your business) in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or, if required, a credit reference agency check will leave a soft footprint on the individual or entity’s credit history. You warrant that you have obtained the consent to such checks being carried out from each such individual officer and shareholder.
- We are obliged to report any reasonable suspicions about activities on the electronic accounts to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and the Proceeds of Crime Act 2002) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.
- TERMINATION
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- When we may terminate or suspend this Agreement.
- We can terminate this Agreement at any time:
- If you breach this Agreement; and/or
- if we suspect that you are using the Services for any illegal purposes.
- We may suspend or terminate your access to the Services where we have reasonable grounds for concern relating to: (i) the security of your account(s), whether or not you have informed us of a security breach; and/or (ii) the suspected unauthorised or fraudulent use of your account(s).
- If Paywiser Limited notifies us that their agreement with you has terminated we can terminate this agreement with immediate effect.
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- If you terminate your agreement with Paywiser Limited or that agreement is terminated, we can terminate this agreement with immediate effect.
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- When you may terminate this Agreement. You can terminate this Agreement at any time and for any reason by cancelling your agreement with Paywiser Limited. We may contact you to confirm your request.
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- Effect of Termination. Upon the effective date of termination:
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- you will no longer be able to avail yourself of the Services;
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- we shall redeem any Electronic Money we hold for you and send the equivalent funds to a bank account in your name, unless agreed by both parties, less any monies which are due and owing to us, where relevant.
- After termination, you may contact us using the contact details set out in clause 2.3 to redeem any Electronic Money you still hold with us.
- CONFIDENTIALITY
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- We undertake that we shall not at any time, disclose to any person any of your confidential information, except in the following circumstances:
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- to our employees, officers, representatives or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with this Agreement. We shall ensure that our employees, officers, representatives or advisers to whom we disclose your confidential information comply with this clause; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- HOW WE MAY USE YOUR PERSONAL INFORMATION AND DATA PROTECTION
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- How we may use your personal information. We will only use your personal information as set out in our privacy policy which can be found https://railsbank.com/payrnet.
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- Each party shall:
- Comply with all applicable laws, statutes, regulations, codes and guidance relating to anti-bribery and anti-corruption (“Anti-Bribery Laws”), including without limitation the Bribery Act 2010;
- maintain throughout the term of this Agreement its own anti-bribery policies and procedures (including adequate procedures under the Bribery Act 2010) to ensure compliance with the Anti-Bribery Laws; and
- enforce such policies and procedures where appropriate.
- For the purpose of this clause, the meaning of adequate procedures shall be determined in accordance with section 7(2) and any guidance issued under section 9, Bribery Act 2010.
- Each party warrants that neither it nor any of its officers, employees:
- has been convicted of any offence involving bribery, corruption, fraud or dishonesty; nor
- to the best of its knowledge, has been or is the subject of any investigation, inquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence under the Anti-Bribery Laws.
- Breach of this clause shall be deemed to be a material breach of this Agreement.
- GENERAL
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- Recording of telephone conversations. We may record telephone conversations with or without use of a warning tone and we may use these recordings as evidence for a particular purpose or in relation to disputes as well as for our ongoing quality control and training programme. We may also maintain a record of all emails sent by or to us. All those recordings and records will be maintained at our absolute discretion and are our property and can be used by us in the case of a dispute. We do not guarantee that we will maintain such recordings or records or be able to make them available to you. You consent to the use and admissibility of any such recording as evidence in any dispute or anticipated dispute between the parties which relates to the dealings between the parties.
- Ensuring this Agreement is legally enforceable. For a contract to be legally enforceable, there needs to be an offer, acceptance and consideration. This Agreement constitutes our offer to make the Services available to you and you agreeing to this Agreement constitutes your acceptance of this offer. In order to ensure that this Agreement is legally binding, upon you becoming a client, you promise to pay us the sum of one‑Pound sterling, upon demand from us, as consideration.
- Even if we delay in enforcing under this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
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- What if something unexpected happens? We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock‑outs or other industrial disputes (whether involving us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default of sub‑contractors, provided that you are notified of such an event and its expected duration.
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- If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sub‑clauses and clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sub‑clauses and clauses will remain in full force and effect.
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- We are not partners and neither of us may act as the other’s agent. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
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- We can make amendments to this Agreement. We shall have the right to make such amendments to this Agreement, via PayWiser, as are necessary to comply with any laws and regulations that are applicable to the performance of our obligations under this Agreement where such laws and regulations are implemented and/or amended after the date of this Agreement. Such amendments may be made at any time upon as much notice as possible to you and shall take effect following such notice, if any. If you object to the proposed amendments, you have the right to terminate this Agreement without charge before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate this Agreement before the date proposed by us for the entry into force of the changes. If no objection is received from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective.
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- What happens if you are jointly a client of ours with another person? Where you comprise two or more people, each person will be jointly and severally liable to us in respect of all obligations contained in this Agreement.
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- Can you obtain a copy of this Agreement or additional information? You may request and we shall provide a copy of this Agreement and any information set out in Schedule 4 of the Regulations (if relevant) at any time prior to termination of this Agreement.
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- We may transfer this Agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
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- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
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- Nobody else has any rights under this Agreement. This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
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- Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement and any disputes or claims arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England. You irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim or other matter that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
Cardwiser Privacy Policy
Paywiser built the Cardwiser app as a Free app. This SERVICE is provided by Paywiser at no cost and is intended for use as is.
This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.
The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at Cardwiser unless otherwise defined in this Privacy Policy.
Information Collection and Use
For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Picture verification, mobile number, voice biometrics. The information that we request will be retained by us and used as described in this privacy policy.
The app does use third party services that may collect information used to identify you.
Link to privacy policy of third party service providers used by the app
Log Data
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
Service Providers
We may employ third-party companies and individuals due to the following reasons:
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- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
Security
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Children’s Privacy
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page.
This policy is effective as of 2020-12-18
Contact Us
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at [email protected]
Terms & Conditions
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Paywiser.
Paywiser is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Cardwiser app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Cardwiser app won’t work properly or at all.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
You should be aware that there are certain things that Paywiser will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Paywiser cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Paywiser cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Paywiser cannot accept responsibility.
With respect to Paywiser’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Paywiser accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Paywiser does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2020-12-18
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected]
PAYWISER LIMITED
DATA PROTECTION POLICY
CONTENTS
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- Introduction
- Definitions
- Principles for Protecting Personal Data
- Rights of Data Subjects
- Data Protection Governance Structure
- Responsibilities for Data Protection Compliance
- Transfer/Commissioned Data Processing
- Transfer of Customer Data
- Introduction
Paywiser Limited is a company incorporated in England and Wales under the company number 10677553 (the “Company”). The
Company is committed to data protection and privacy. We respect and protects the rights of individuals, particularly the
right to data protection and privacy as far as the processing and use of personal data is concerned. This Data
Protection Policy (“Policy”) is approved by the Board of Directors of the Company. The Data Protection Officer of the
Company shall be responsible for the compliance and enforcement of data protection and privacy.
This Policy defines the standard for the data protection compliant processing of personal data. It defines the
requirements for business processes that involve personal data and assigns clear responsibilities.
The Company must ensure that all processes involving the processing of personal data are able to fulfill the
requirements stated in this Policy. As employers, the Company have the responsibility for the processing of their
employees’ personal data. When handling personal data in course of their duties, all employees of the Company are
required to follow the requirements of this Policy.
The principles mentioned in this Policy are based on the European data protection and privacy laws and take into account
the requirements of the EU General Data Protection Regulation (Regulation (EU) 2016/679 – GDPR). These
principles apply to all staff members of the Company.
- Definitions
- Anonymous data & Anonymized data
Anonymous and anonymized data is data that does not refer to an identifiable natural
person. Even if other data or additional information were added, identification of the
natural person is not (or is no longer) possible. This Policy does not apply to such data.
- Biometric data
Personal data resulting from specific technical processing relating to the physical, physiological, or behavioral
characteristics of a natural person, which allow or confirm the unique identification of that natural person (such as
fingerprints or facial images).
- Consent
Any freely given and unambiguous statement or other clear affirmative action by which
the data subject indicates in an informed manner that he or she agrees to the processing of
his or her personal data for a specific purpose.
- Controller
Any natural or legal person that, alone or jointly with others, determines the purposes and means of the processing of
personal data. For the personal data of its employees, customers, suppliers, partners, or other persons, Paywiser
Limited is regarded as the controller.
- Data concerning health
Personal data related to the physical or mental health of a natural person, including the
provision of health care services, which reveal information about his or her health status.
- Erasure
The irretrievable obliteration or physical destruction of saved personal data or its anonymization in such a way that
makes it impossible to re-identify the natural person after the fact.
- Genetic data
Personal data relating to the inherited or acquired genetic characteristics of a natural person that gives unique
information about the physiology or the health of that natural person and which result in particular from an analysis of
a biological sample from the natural person in question.
- Personal Data
Any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural
person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name,
an identification number, location data, an online identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural, or social identity of that natural person. Natural persons can be
identified directly based on, for example, names, phone numbers, e-mail addresses, postal addresses, user IDs, tax and
social insurance numbers or indirectly through a combination of any other information. The personal data that is subject
to this Policy includes data of employees, applicants, customers, suppliers and users of websites and services of the
Company. It can be contained in the Company’s own systems, in systems which third parties operate on behalf of the
Company, or in the systems operated by the customers themselves, by the Company, or by third parties, to the extent that
employees of the Company can gain access to the saved personal data there in the course of support and consulting
activities.
- Processor
A natural or legal person that processes personal data on behalf of the controller, such as an external service provider
or a different Paywiser company that is not the controller itself.
- Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data,
whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure, or destruction. The anonymization of data also represents a processing
of personal data.
- Pseudonymization
Processing of personal data in such a manner that the personal data can no longer be attributed to a specific data
subject without the use of additional information, provided that such additional information is kept
separately and is subject to technical and organizational measures to ensure that the personal data is not
attributed to an identified or identifiable natural person. Pseudonymized data constitutes personal data as defined in
the GDPR; therefore, this Policy also applies to pseudonymized data.
- Special categories of personal data
Certain personal data that is particularly sensitive due to its nature, whose processing is
likely to result in significant risks for the rights of the data subject and therefore requires
special protection. This includes data concerning health, Genetic data, biometric data
processed to uniquely identifying a personal data, information revealing racial or ethnic
origin, political opinions, religious or philosophical beliefs, trade union membership,
sex life, or sexual orientation. Depending on the context, this may also include data that
could be misused for identity theft purposes, such as social security-, credit card-
and bank account numbers, ID-card or driver’s license-numbers, also personal data
regarding criminal investigation proceedings, convictions, and crimes, or data that is
subject to professional confidentiality obligation.
- Third party
A natural or legal person, public authority, agency, or body other than
(a) the data subject,
(b) the controller,
(c) the processor and
(d) the persons who are authorized to process personal data under the direct authority of the controller or processor.
- Recipient
A natural or legal person, public authority, agency or another body, to which the personal data is disclosed, whether a
third party or not. However, public authorities which may receive personal data in the framework of a particular
inquiry in accordance with the laws of a particular jurisdiction shall not be regarded as recipients.
- Principles for Protecting Personal Data
Personal data shall only be processed lawfully and in accordance with the principles set out below.when a data subject
has granted his or her consent (for example, when registering on a website or subscribing to a newsletter).
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- Lawfulness, Fairness, and TransparencyPersonal data may only be processed lawfully, fairly and in a
transparent manner in relation to the data subject. This is the case when: processing is legally
permitted in the specific case. Among others, the laws permit all cases of data processing that:
- Lawfulness, Fairness, and TransparencyPersonal data may only be processed lawfully, fairly and in a
-
-
-
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- are necessary for the performance of contracts with the data subject (e.g. the
storage and use of necessary personal data in the context of an employment- or
service contract), - are necessary to take steps at the request of the data subject prior to entering
a contract (e.g. a customer requests information about product X and then
purchases said product. The data necessary to send the information material and
to execute the contractual relationship may be processed), - are necessary for compliance with legal obligations, e.g. due to tax or social
insurance laws, - are necessary to protect the vital interests of the data subject or of another
natural person, - are necessary for the purposes of the legitimate interests pursued by the
controller or by a third party, except where such interests are overridden by
the interests or fundamental rights and freedoms of the data subject (e.g. for
direct marketing), - include decision-making based on automated processing in an individual case that
produces legal effects concerning the data subject, when this automated decision
is legally permitted, required for the performance of a contract with the
data subject, or for which the data subject has explicitly granted
consent, orPersonal data should be collected directly from the data
subject. If this is not the case, the data subject must be notified,
particularly about the types of personal data that are being collected,
processed, and/or used and for which specific purposes this occurs.
- are necessary for the performance of contracts with the data subject (e.g. the
-
-
- Specific PurposePersonal data may only be collected for specific, explicit purposes. It may not be
processedin a manner that is incompatible with those purposes.The specific purpose must be defined before data collection. Processing for a purpose other than that
for which the data have been collected is only permitted in exceptional cases, when a law permits
processing for another purpose or if it is based on the data subject’s consent. To ascertain whether the
other purposes are compatible with the agreed purposes, the reasonable expectations of the data subject
towards the Company with regard to such further processing, the type of data used, the possible
consequences of the intended further processing for the data subject, and measures of encryption or
pseudonymization must be taken into account. - Data Minimization Personal data may only be collected to the extent which is absolutely necessary to
fulfill the defined purpose. Processing must be adequate, relevant, and limited to what is necessary in
relation to the purposes for which the data is processed. - Accuracy Personal data must be accurate and up to date. Every reasonable step must be taken to ensure
that personal data that is inaccurate, having regard to the purposes for which it is processed, is
erased or rectified without delay. All processes that involve the processing of personal data must
provide an option for rectification and update. - Storage Limitation (Obligation to Erase) Personal data may only be stored as long as is necessary for
the purposes for which it is processed or due to other legal requirements, particularly to comply with
statutory retention periods. After this point, personal data must generally be erased or anonymized.
All processes for processing personal data must contain an option for erasure or blocking to the extent
required by law. - Integrity, Availability, and Confidentiality Personal data and its processing operations must always be
appropriately protected by means of technical and organizational measures. This includes, in particular,
suitable measures to protect against unauthorized or unlawful processing, accidental loss, destruction
or damage, accidental disclosure and unauthorized access. - Processing of Special Categories of Personal Data The collection, processing, and use of special
categories of personal data should always be transparent for the data subject. Unless the collection and
processing of such data is explicitly authorized by law, e.g. if necessary, for carrying out
obligations and exercising rights in the field of employment, social security, social protection, it
should only be collected on the basis of explicit prior notification and consent of the data subjects.The consent must explicitly refer to these special data categories and their processing for one or more
specified purposes. Unless applicable laws stipulate otherwise, special categories of personal data may
only be processed and used with the explicit consent of the data subjects. Increased protective measures
must be established to protect the data (e.g. physical security measures, access restrictions and
encryption).
-
- Rights of Data Subjects
-
- Right to be informed
Data subjects have the right to be informed about the collection and use of their personal data. This is a key
transparency requirement under the GDPR. The Company must provide the data subjects with information including: our
purposes for processing their personal data, our retention periods for that personal data, and who it will be shared
with.
-
- Right of Access and Data Portability
Data subjects have the right to obtain from the Company confirmation as to whether or not personal data concerning her
or him are being processed. In such case, the Company shall provide for access as required by law. The information is
provided in writing, unless the data subject submitted the request for information electronically. The information to be
provided to the Data Subjects must include the purpose of storage, the recipients of the data, and all other legally
required information pursuant to Article 15 of the GDPR. The data subject must be provided with a copy of the personal
data that are undergoing processing. Upon request by the data subject, the data that he or she has provided to the
controller must be made available in a structured, commonly used and machine-readable format.
-
- Right to Rectification, Restriction, and Erasure
When personal data prove to be incorrect, incomplete, or out-of-date, each data subject has the right to rectification
of his or her personal data. This can be the case, for example, if the data subject has changed history her name due to
marriage. Data subjects also have the right to obtain restriction of processing of their personal data when one of the
following applies:
-
- The data subject contests the accuracy of the personal data and verification of the accuracy of the
personal data takes some time. In this case, the data subject can demand restriction for the period of
the verification of the accuracy. - The processing is unlawful, and the data subject opposes the erasure of the personal data and requests
the restriction of its use instead. - The controller no longer needs the personal data for the purposes of the processing, but they are
required by the data subject for the establishment, exercise, or defense of legal claims. Should it
become apparent that certain information have a respective value to the data subject, the data subject
must be notified of the pending erasure with reasonable notice. - The data subject has objected to processing for the duration of the clarification as to whether the
legitimate interests for processing outweigh those of the data subject.
- The data subject contests the accuracy of the personal data and verification of the accuracy of the
Within the restriction process, the stored personal data of the data subject must be marked with the aim to restrict
access and limit their further processing. In addition, data subjects have the right to the erasure of their personal
data in the following cases:
-
- The purpose of the data processing no longer applies.
- The data subject withdraws his or her consent for a specific purpose of processing.
- Address data is used for direct marketing purposes and the data subject objects to such use.
- The data is processed unlawfully.
- Erasure is required to meet legal obligations.
All processes in which personal data is collected, processed, or used must include a concept for the regular retention
and deletion of personal data. This concept must ensure that personal data is erased in a timely manner after the
fulfillment of the specified purpose or the lapse of the authorization for storage, particularly statutory retention
terms. Instead of erasure, personal data may also be anonymized. If there is an obligation to erase personal data and
said data has already been made public, other controllers shall be notified of the request to erase his or her data,
including all links to this data.
-
- Right to Object
Data subjects have the right to object to data processing when the Company processes personal data based on a
decision in favor of its legitimate interests. In this case, the data subject must claim his or her own rights or
interests on grounds relating to his or her particular situation, which outweigh the Company’s legitimate interest to
process the data. Data subjects can object to the processing of their personal data for purpose of direct marketing,
including profiling if such is related to direct marketing, at any time and without giving reasons. If an objection is
raised, the Company will not process this data further for these purposes. This does not apply where the processing
cannot be ceased due to compelling legitimate grounds for the processing, particularly the establishment, exercise, or
defense of legal claims.
-
- Right to Complain
If a data subject wishes to file a complaint with regard to processing of her or his personal data, they can do so
directly in an e-mail to the data protection officer:
The data subject must be notified about all measures taken based on her or request within one month at the latest.
- Data Protection Governance Structure
Responsibility for compliance with data protection requirements rests with the board of directors of the Company that
processes the personal data for its business purposes. Executive management may delegate the task to fulfill this
responsibility to managers at different levels within the organizational framework and the associated business
processes.
- Responsibilities for Data Protection Compliance
- Management of Paywiser
The board of directors of the Company must ensure that the processes in their areas of responsibility in which personal
data is processed (herein: “processes”) meet the requirements of this Policy.
- Employees
All employees are required to handle all personal data that they can access in the course of performing their duties for
Paywiser Limited with strict confidentiality and to not collect, process, or use such data without authorization.
Employees of the Company may only process personal data within the scope necessary to fulfill their duties as defined by
their employment contracts. If the processing of personal data is not recognizably prohibited for an employee, he or she
may assume the legality of the instructions from their superiors. When in doubt, employees should seek clarification
from their managers.
- Transfer/Commissioned Data Processing
If personal data is to be transferred to an associated company, a review must first take place as to whether contractual
agreements regarding data protection and privacy are needed. Such review is required only when an associated company or
external service provider is to process personal data on behalf of the Company (referred to as “transfer for processing
purposes”). If personal data that is to be transferred to a country outside the EEA, it must be ensured beforehand that
an appropriate level of protection is guaranteed, pursuant to Article 44 of the GDPR.
In addition, the following rules apply to the transfer of personal data:
- Transfer for commissioned processing:
If the Company commissions an associated entity or an external company with the processing of personal data, it remains
responsible for compliance with data protection and privacy requirements.
- Transfer for the recipients’ own purposes:
The Company may transfer personal data to an associated company or an external company for their own purposes only if
this is legally permitted or required, or if the data subjects have first given consent.
- Transfer of Customer Data
The Company processes personal data of customers and on behalf of customers. The use and, if relevant, transfer of such
customer data must be in accordance with the applicable laws.
Paywiser Limited
October 2020
Terms & Conditions
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Paywiser.
Paywiser is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Cardwiser app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Cardwiser app won’t work properly or at all.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app
You should be aware that there are certain things that Paywiser will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Paywiser cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Paywiser cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Paywiser cannot accept responsibility.
With respect to Paywiser’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Paywiser accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Paywiser does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2020-12-18
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at [email protected]
Cardwiser Privacy Policy
Paywiser built the Cardwiser app as a Free app. This SERVICE is provided by Paywiser at no cost and is intended for use as is.
This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.
If you choose to use our Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that we collect is used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.
The terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, which is accessible at Cardwiser unless otherwise defined in this Privacy Policy.
Information Collection and Use
For a better experience, while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to Picture verification, mobile number, voice biometrics. The information that we request will be retained by us and used as described in this privacy policy.
The app does use third party services that may collect information used to identify you.
Link to privacy policy of third party service providers used by the app
Log Data
We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.
Cookies
Cookies are files with a small amount of data that are commonly used as anonymous unique identifiers. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory.
This Service does not use these “cookies” explicitly. However, the app may use third party code and libraries that use “cookies” to collect information and improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.
Service Providers
We may employ third-party companies and individuals due to the following reasons:
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- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.
We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
Security
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
This Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Children’s Privacy
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page.
This policy is effective as of 2020-12-18
Contact Us
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at [email protected]
PAYRNET LIMITED
TERMS AND CONDITIONS FOR CORPORATES
ELECTRONIC MONEY ACCOUNTS
BACKGROUND
This Agreement: This Agreement is with PayrNet Limited, a company incorporated in England and Wales (company number: 09883437) with its head office at “PayrNet, WeWork, 3 Waterhouse Square, 138 Holborn, London, EC1N 2SW, UK” and registered office at “Kemp House, 152 City Road, London, United Kingdom, EC1V 2NX” (hereinafter referred to in this Agreement as “Payrnet”, “we” “us”). We are an Electronic Money Institution (“EMI”) and are authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 (“EMR 2011”) (register reference 900594) for the issuing of electronic money.
Our relationship with Paywiser Limited: As an EMI, we have appointed Paywiser Limited as a distributor of certain of our services. A distributor means a person who distributes or redeems electronic money on behalf of an electronic money institution but who does not provide payment services on behalf of the electronic money institution (as distributor is defined in the EMR 2011).
AGREED TERMS
- OUR TERMS
- Interpreting this Agreement. In order to easily understand the terms of this Agreement, please first refer to clause 3 which, amongst other things, sets out the meaning of capitalised terms used in this Agreement.
- Why you should read it? Please read this Agreement carefully before you agree to it, as its terms apply to the services provided by us. The Agreement explains many of your responsibilities to us and our responsibilities to you, how and when this Agreement can be terminated and the extent of our liability to you. If there are any terms that you do not understand or do not wish to agree to, please contact us. You should only complete the sign‑on procedures and agree to the terms of this Agreement if you agree to be bound by this Agreement.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are PayrNet Limited, an EMI as described above.
- Communications between us are to be in English. This Agreement is concluded in England and all communications between you and us shall be in English only.
- How to contact us. All queries should be directed towards PayWiser Limited. You can contact PayWiser Limited using details set out on paywiser.com.
- How we may contact you. If we have to contact you we will do so as follows: in the first instance via Paywiser Limited except in urgent cases. If we have not been able to contact you through Paywiser Limited or if the matter is urgent, we will contact you by writing to you at the email address(es), you provided when agreeing to this Agreement or by using any other contact details you have provided to us or have used in communications with us or the Paywiser Limited.
- ‘Writing’ includes emails. When we use the words “writing” or “written” in this Agreement, this includes emails.
- Some of the services we provide are subject to the Payment Services Regulations 2017. The Regulations regulate how Payments must be transmitted and provide protection for the clients of authorised payment institutions and electronic money institutions.
- INTERPRETATION
- The definitions set out in this clause apply in this Agreement as follows:
“Agreement” means this agreement and the privacy policy.
“Electronic Money” means electronically stored monetary value as represented by a claim against us.
“Regulations” means the Payment Services Regulations 2017 (SI 2017 No. 752).
“Safeguarded Account” means the bank account(s) belonging to us, which are separate to our own office bank accounts, into which we will receive money from you, or on your behalf, in return for the issuance of Electronic Money.
“Services” means the e-money account services.
- Clause headings shall not affect the interpretation of this Agreement and references to clauses are to the clauses of this Agreement.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
- A reference to a statute or statutory provision is a reference to it as amended, extended or re‑enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
- TERM AND BECOMING A CLIENT
- How can you agree to this Agreement? You can agree to this Agreement by checking the box online through PayWiser confirming that you agree during the registration process or by otherwise confirming the terms of this agreement.
- When will you become a client of ours? You will be bound by this Agreement once you have agreed to it as set out above and this Agreement shall remain in force until terminated in accordance with its terms.
- SERVICES
- As part of the Services, we shall issue you with Electronic Money upon receipt of money from you or a third party on your behalf, store your Electronic Money and redeem Electronic Money both on your express instruction and in accordance with this Agreement and the agreement of Paywiser Limited.
- Our Services do not include the provision of advice. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation, or markets.
- ISSUING ELECTRONIC MONEY TO YOU
- For the avoidance of doubt, this section is only applicable for unregulated entities and Small Payment Institutions (SPI).
- Where we receive money from you or on your behalf, this money will be held by us in the relevant Safeguarded Account in exchange for the issuance by us to you of Electronic Money. Your funds will not be used by us for any other purpose and in the unlikely event that we become insolvent, your e-money is protected in an EEA-authorised credit institution or the Bank of England.
- When we issue you with Electronic Money, us holding the funds corresponding to the Electronic Money is not the same as a Bank holding your money in that (i) we cannot and will not use the funds to invest or lend to other persons or entities; (ii) the Electronic Money will not accrue interest; and (iii) the Electronic Money is not a deposit and is therefore not covered by the Financial Services Compensation Scheme but it is held by us and protected in the relevant Safeguarded Account.
- You may hold Electronic Money and we may hold funds corresponding to your Electronic Money indefinitely. However, if we hold Electronic Money for you for more than two years without any activity on the account, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and send the corresponding funds, less any of our costs incurred, to the last known bank account we have on file for you.
- We accept no responsibility in the event that you send money to the incorrect account.
- We do not accept cash or cheques. We accept monies via a variety of methods of electronic funds transfer to our bank account, the details of which we shall provide to you upon request.
- GENERAL LIMITATION OF LIABILITY
- Where we and another person (such as a payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.
- Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.
- Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.
- COMPLAINTS
- If you feel that we have not met your expectations in the delivery of our Services, in the first instance contact Paywiser Limited using the contact email address for complaints set out on paywiser.com. If Paywiser Limited does not deal with your complaint adequately, please contact us via email to [email protected].
- We have internal procedures for handling complaints fairly and promptly in accordance with the Financial Conduct Authority’s requirements. A copy of our complaints procedure is available upon request.
- If you are an eligible complainant you may be able to take your complaint to the Financial Ombudsman Service should you not be satisfied with our final response. Eligibility criteria and information on the procedures involved are available from http://www.financial‑ombudsman.org.uk. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
- ESTABLISHING YOUR IDENTITY
- To comply with the requirements of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and EU Wire Transfer Regulations (Regulation (EU) 2015/847) and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity (or directors or partners of your business and/or your ultimate beneficial owners) in our records from time to time. If satisfactory evidence is not promptly provided to us we cannot accept your instructions.
- We may keep records of the contents and results of any searches that we carry out on you (or directors or partners or shareholders of your business) in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or, if required, a credit reference agency check will leave a soft footprint on the individual or entity’s credit history. You warrant that you have obtained the consent to such checks being carried out from each such individual officer and shareholder.
- We are obliged to report any reasonable suspicions about activities on the electronic accounts to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and the Proceeds of Crime Act 2002) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.
- TERMINATION
- When we may terminate or suspend this Agreement.
- We can terminate this Agreement at any time:
- If you breach this Agreement; and/or
- if we suspect that you are using the Services for any illegal purposes.
- We may suspend or terminate your access to the Services where we have reasonable grounds for concern relating to: (i) the security of your account(s), whether or not you have informed us of a security breach; and/or (ii) the suspected unauthorised or fraudulent use of your account(s).
- If Paywiser Limited notifies us that their agreement with you has terminated we can terminate this agreement with immediate effect.
- If you terminate your agreement with Paywiser Limited or that agreement is terminated, we can terminate this agreement with immediate effect.
- When you may terminate this Agreement. You can terminate this Agreement at any time and for any reason by cancelling your agreement with Paywiser Limited. We may contact you to confirm your request.
- Effect of Termination. Upon the effective date of termination:
- you will no longer be able to avail yourself of the Services;
- we shall redeem any Electronic Money we hold for you and send the equivalent funds to a bank account in your name, unless agreed by both parties, less any monies which are due and owing to us, where relevant.
- After termination, you may contact us using the contact details set out in clause 2.3 to redeem any Electronic Money you still hold with us.
- CONFIDENTIALITY
- We undertake that we shall not at any time, disclose to any person any of your confidential information, except in the following circumstances:
- to our employees, officers, representatives or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with this Agreement. We shall ensure that our employees, officers, representatives or advisers to whom we disclose your confidential information comply with this clause; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- HOW WE MAY USE YOUR PERSONAL INFORMATION AND DATA PROTECTION
- How we may use your personal information. We will only use your personal information as set out in our privacy policy which can be found https://railsbank.com/payrnet.
- Each party shall:
- Comply with all applicable laws, statutes, regulations, codes and guidance relating to anti-bribery and anti-corruption (“Anti-Bribery Laws”), including without limitation the Bribery Act 2010;
- maintain throughout the term of this Agreement its own anti-bribery policies and procedures (including adequate procedures under the Bribery Act 2010) to ensure compliance with the Anti-Bribery Laws; and
- enforce such policies and procedures where appropriate.
- For the purpose of this clause, the meaning of adequate procedures shall be determined in accordance with section 7(2) and any guidance issued under section 9, Bribery Act 2010.
- Each party warrants that neither it nor any of its officers, employees:
- has been convicted of any offence involving bribery, corruption, fraud or dishonesty; nor
- to the best of its knowledge, has been or is the subject of any investigation, inquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding any offence or alleged offence under the Anti-Bribery Laws.
- Breach of this clause shall be deemed to be a material breach of this Agreement.
- GENERAL
- Recording of telephone conversations. We may record telephone conversations with or without use of a warning tone and we may use these recordings as evidence for a particular purpose or in relation to disputes as well as for our ongoing quality control and training programme. We may also maintain a record of all emails sent by or to us. All those recordings and records will be maintained at our absolute discretion and are our property and can be used by us in the case of a dispute. We do not guarantee that we will maintain such recordings or records or be able to make them available to you. You consent to the use and admissibility of any such recording as evidence in any dispute or anticipated dispute between the parties which relates to the dealings between the parties.
- Ensuring this Agreement is legally enforceable. For a contract to be legally enforceable, there needs to be an offer, acceptance and consideration. This Agreement constitutes our offer to make the Services available to you and you agreeing to this Agreement constitutes your acceptance of this offer. In order to ensure that this Agreement is legally binding, upon you becoming a client, you promise to pay us the sum of one‑Pound sterling, upon demand from us, as consideration.
- Even if we delay in enforcing under this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- What if something unexpected happens? We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock‑outs or other industrial disputes (whether involving us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default of sub‑contractors, provided that you are notified of such an event and its expected duration.
- If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sub‑clauses and clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sub‑clauses and clauses will remain in full force and effect.
- We are not partners and neither of us may act as the other’s agent. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- We can make amendments to this Agreement. We shall have the right to make such amendments to this Agreement, via PayWiser, as are necessary to comply with any laws and regulations that are applicable to the performance of our obligations under this Agreement where such laws and regulations are implemented and/or amended after the date of this Agreement. Such amendments may be made at any time upon as much notice as possible to you and shall take effect following such notice, if any. If you object to the proposed amendments, you have the right to terminate this Agreement without charge before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate this Agreement before the date proposed by us for the entry into force of the changes. If no objection is received from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective.
- What happens if you are jointly a client of ours with another person? Where you comprise two or more people, each person will be jointly and severally liable to us in respect of all obligations contained in this Agreement.
- Can you obtain a copy of this Agreement or additional information? You may request and we shall provide a copy of this Agreement and any information set out in Schedule 4 of the Regulations (if relevant) at any time prior to termination of this Agreement.
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
- Nobody else has any rights under this Agreement. This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
- Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement and any disputes or claims arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of England. You irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim or other matter that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
PAYWISER DATA PROTECTION POLICY
GENERAL PROVISIONS
This Data Protection Policy sets out and explains how Paywiser UAB (“Paywiser”) collects and processes your personal data and applies to all personal information collection and processing activities carried out by Paywiser. Paywiser is a data controller in respect of personal information that we process in connection with our business (including the products and services that we provide through the Paywiser Wallet). In this policy, references to “we”, “us” or “our” are references to Paywiser. Different Paywiser companies may control and process your data depending on where you are ordinarily resident.
The purpose of this Data Protection Policy is to inform you about the ways your personal data is collected and processed and to ensure a fair and transparent process of personal data processing by Paywiser. It is very important that you carefully read this Data Protection Policy, because its terms and conditions will apply every time you use/express an intention to use our services, browse our website www.paywiser.com or any other Paywiser websites (“websites”) and in other cases, where your data is processed.
We confirm that when processing your personal data, Paywiser observes:
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- Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation”),
- Law on Legal Protection of Personal Data of the Republic of Lithuania;
- Law on Electronic Communications of the Republic of Lithuania;
- Other legislation governing the protection of personal data;
- Instructions/recommendations of the supervisory authority and other competent authorities.
TERMS AND DEFINITIONS
The terms used in this Privacy Policy shall be understood as follows:
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- Personal Data – any information, directly or indirectly related to you, which is received directly from you or from other sources and may be used to identify you.
- Processing – any operation which is performed on personal data or on sets of personal data, in particular the collection (e.g. information needed for KYC section), recording (e.g. using a form, software or camera), saving (e.g. in a database, Excel file or personnel file), changing (e.g. updating), Transfer (e.g. to an authority or an affiliated company), matching, linking, blocking or deletion of personal data.
- Data Subject – you or any natural person (including the director/representative or the true beneficiary of a legal person), who is using/has expressed and intention to use Paywiser’s services or is otherwise related to Paywiser, and whose data is processed by Paywiser.
- Onboarding – process of understanding the customer’s relationship with Paywiser from the point of inception.
Other terms used in this Data Protection Policy shall be understood as they are defined in the General Data Protection Regulation (EU) 2016/679 and other legislation governing the protection of personal data.
DATA PROCESSING PRINCIPLES
Paywiser is committed to processing data in accordance with its responsibilities under the various legal requirements in different jurisdictions in terms of data privacy and data protection.
All personal data shall be:
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- processed lawfully, fairly and in a transparent manner in relation to individuals;
- collected for specified, explicit and legitimate purposes and not further processed in a manner that incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures in order to safeguard the rights and freedoms of individuals; and processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
WHAT PERSONAL DATA DO WE PROCESS?
We collect and process various categories of personal information at the start of, and for the duration of, your relationship with us. We will limit the collection and processing of information to information necessary to achieve one or more legitimate purposes as identified in this Data Protection Policy.
Personal information may include:
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- basic personal information, including name and address, date of birth and contact details (telephone number, address, country of residence, e-mail address);
- financial information, including account and transactional information and history;
- goods and services we provide to you;
- visual images and personal appearance (such as copies of National ID’s, passports, real-time biometric facial scans, pictures of your face); and
- online profile and social media information and activity, based on your interaction with us and our websites and applications, including for example your login information, Internet Protocol (IP) address, smart device information, location coordinates, online and mobile app security authentication, mobile phone network information, searches, site visits and spending patterns.
We may also process certain special categories of information for specific and limited purposes, such as detecting and preventing financial crime or to make our services accessible to customers. We will only process special categories of information where we’ve obtained your explicit consent or are otherwise lawfully permitted to do so.
WHERE DO WE GET YOUR PERSONAL DATA FROM?
Your information is made up of all the financial and personal information we collect and hold about you/your business and the proprietors, officers and beneficial owners of that business and your transactions. It may include:
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- information you give to us;
- information that we receive from third parties – including third parties who provide services to you or us, credit reference, fraud prevention or government agencies and other financial institutions (where permitted by law);
- information that we learn about you through our relationship with you and the way you operate your accounts and/or services, such as the payments made to and from your accounts;
- information that we gather from the technology which you use to access our services and how you use it;
- first party and third party cookies when you access our services, for more details please read our Cookie Policy; and
- information that we gather from publicly available sources and online search engines.
FOR WHAT PURPOSES DO WE PROCESS YOUR PERSONAL DATA?
Paywiser processes your personal data for the following purposes:
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- Personal identification and verification (to match the Identification document with the customer’s details provided / entered; match the selfie picture with the customer’s identification documents provided / entered; match the address provided / entered with the customer’s proof of address document);
- Performing customer Due Diligence with the name, date of birth and country of residence (WorldCheck, Comply Advantage and other tools that Paywiser uses for Due Diligence check will require cross check of these key attributes);
- Provision of financial services;
- Fulfilment of contractual obligations;
- Maintaining a relationship and communication with you;
- Giving advice and assessment of your needs;
- Ensuring compliance with anti-money laundering and terrorist financing prevention requirements and implementation of international sanctions;
- Ensuring the quality of services and defense of Paywiser’s rights;
- Organization and implementation of recruitment of employees and trainees;
- Defense and protection of the Paywiser’s rights and legitimate interests;
- Compiling and management of the list of individuals who have access to insider information;
- Direct marketing.
ON WHAT GROUNDS DO WE PROCESS YOUR PERSONAL DATA?
Paywiser processes your personal data on the following legal grounds defined in the General Data Protection Regulation (EU) 2016/679:
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- When subject to a legal obligation, i.e., the applicable legislation requires that we process your personal data.
When you apply for a product or service and throughout your relationship with us, we are required by law to collect and process certain personal information about you.
If you do not agree to provide us with the requested information, it may not be possible for us to continue to operate your account and/or provide products and services to you.
- When subject to a legal obligation, i.e., the applicable legislation requires that we process your personal data.
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- We may process your information where it is necessary to enter into a contract with you for the provision of our products or services or to perform our obligations under that contract, such as assess and process applications for products or services, setting up or closing your accounts or products; collecting and issuing all necessary documentation, executing your instructions, processing transactions, including transferring money between accounts, making payments to third parties, communicating with you about your account or the products and services you receive from us.
If you do not agree to provide us with the requested information, it may not be possible for us to continue to operate your account and/or provide products and services to you.
- We may process your information where it is necessary to enter into a contract with you for the provision of our products or services or to perform our obligations under that contract, such as assess and process applications for products or services, setting up or closing your accounts or products; collecting and issuing all necessary documentation, executing your instructions, processing transactions, including transferring money between accounts, making payments to third parties, communicating with you about your account or the products and services you receive from us.
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- In pursuit of our legitimate interests, unless your private interests are overriding (e.g. providing our services, recruitment of employees, dispute resolution, etc.).
- Your consent to the processing of your personal data.
WHO DO WE SHARE YOUR DATA WITH?
We may share your personal data with the following entities:
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- State authorities and institutions, other persons performing the functions assigned by legislation (e.g., supervisory authorities, law enforcement agencies, tax administrator, bailiffs, notaries, lawyers),
- Banks and financial institutions;
- Insurance companies, insurance brokerage companies;
- Auditors, legal and financial advisors;
- Courts, extrajudicial dispute resolution bodies, bankruptcy administrators;
- Participants of national, European Union and international payment systems and other related persons (e.g. SWIFT);
- Other persons who provide services to us or are related to the services provided us (e.g. information technology service providers, postal service providers, archiving service providers, credit intermediaries, etc.).Paywiser ensures that your personal data is transmitted strictly in accordance with applicable legislation. Service providers (processors) used by Paywiser process your data only for strictly defined purposes, which are set out in personal data processing contracts.
TRANSFER OF DATA TO THIRD COUNTRIES
Generally, your personal data is processed and stored in the territory of the European Union (EU) and the European Economic Area (EEA). However, in some cases, we may need to transfer your personal data to other countries outside the EU and EEA, or international organizations that may apply a lower-level data protection policy. In such cases, Paywiser will take all steps to ensure the security of transferred personal data.
Paywiser transfers personal data to countries outside the EU and EEA, or to international organizations, if one of the following security measures is applied:
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- The contract is signed with the recipient of personal data based on Standard Contractual Clauses approved by the European Commission;
- The recipient of personal data is be located in a country recognized by decision of the European Union as applying adequate data protection standards;
- Permission from State Data Protection Inspectorate is obtained.
HOW DO WE PROTECT YOUR PERSONAL DATA?
When processing your personal data, we implement various organizational and technical measures to protect your personal data against accidental or unlawful destruction, alteration, disclosure as well as from any other unauthorized form of processing.
Paywiser requires that all processors take appropriate technical and organizational measures, which would ensure the security and integrity of your personal data.
Paywiser conducts training on data processing, data privacy and data protection for all new hires where their roles have direct or in-direct access to your personal data and conducts internal awareness refresher trainings for data processing, data privacy and data protection on a yearly basis. It is mandatory for all managers and employees with direct and in-direct access to customer data to attend the session. Paywiser maintains a training record for all employees who have attended the training session.
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data, Paywiser shall promptly assess the risk to customer’s rights and freedoms and report this breach to the relevant authorities. Paywiser has an “Incident Reporting Form” that must be filled in for any suspicious data breach. This can be obtained in the Paywiser internal sharepoint.
HOW LONG DO WE KEEP YOUR PERSONAL DATA?
We store your personal data for no longer than it is necessary to achieve the stated purpose.
Once the set objective is achieved, your personal data is deleted or anonymized, unless the applicable legislation requires that we store the data for the time period prescribed by such legislation. Once this period expires, the data is deleted/destroyed so that it cannot be reproduced. Specific personal data retention periods depend on the legal grounds for processing of your personal data.
PROFILING AND AUTOMATED DECISION MAKING
In certain cases, Paywiser carries out profiling and makes decisions by automated means:
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- If you have given consent to the processing of personal data for direct marketing purposes and have not withdrawn such consent, Paywiser profiles your personal data, i.e., performs automated processing of personal data to evaluate certain personal aspects related to you, in particular to analyse your interests, behaviour, movement, economic situation, and payment habits with the purpose of anticipating your needs more accurately and provide you with offers, services and/or products that best suit your interests.
- Paywiser uses profiling for analysis and assessment by making automated decisions related to, for example, assessment of creditworthiness and credit risk management.
- In order to ensure the implementation of anti-money laundering and terrorist financing prevention measures, Paywiser carries out profiling and assigns you a risk category according to the risk associated with you, the risk of products, services and/or operations, risk of a country and/or geographical region, and the risk of the main economic activity. Depending on the assigned risk category, the available intensity of use of our services and the periodicity of updating your information may vary.
YOUR RIGHTS
You, as the data subject whose personal data is processed by Paywiser, have the following rights:
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- The right to know/be informed about the processing of your data (the right to know).
- The right to access your personal data and receive information about how it is processed (the right to access).
- The right to request rectification or supplementation of incomplete personal data, taking into account the purposes of personal data processing (the right to rectification).
- The right to object to the processing of your personal data, if the processing of your personal data is based on your consent.
- The right to request that the processing of your personal data be restricted for a legitimate reason (the right to restrict).
- The right to withdraw consent to the processing of your personal data. Such withdrawal of consent shall not affect the data processing carried out prior to withdrawal of such consent.
- The right to request that your personal data be deleted/destroyed (the right to be forgotten), where such data are processed on the basis of your consent. This right does not include the cases where you request to delete your personal data, which are processed by Paywiser on other legal grounds, for example, where the processing of personal data is necessary to conclude/perform a contract or subject to a legal obligation.
- The right to object to be subject to fully automated decision, if such decision has legal consequences or similar significant effect.
- The right to data portability.
- The right to file a complaint with the State Data Protection Inspectorate, if you believe that your personal data has been processed in violation of your rights and legitimate interests in the field of personal data protection.
Paywiser provides the opportunity to exercise the above rights upon identification and verification of your identity.
You can exercise your rights by submitting a written request to Paywiser by mail to [email protected] or email to [email protected] We will provide you with information about the steps taken on receipt of your request to exercise the data subject’s rights within one (1) month from receipt of your request. The time limit for our response may be extended for two (2) months, taking into account the complexity of the request and the number of requests received. In any case, we will inform you about the extension of the time period and the reasons for such extension. If your requests are clearly unreasonable or disproportionate (e.g. because of their repetitiveness), we have the right to charge a reasonable fee, taking into account the costs of providing information.
Paywiser may refuse to allow you to exercise the above rights, where prevention, investigation and detection of crimes or violations of official or professional ethics and the protection of rights and freedoms of other persons must be ensured in the cases provided by law.
CONTACT US
Paywiser UAB
Address: Mėsiniųstr. 5, Vilnius, Lithuania
Email: [email protected]
If you have any questions regarding the information presented in this Data Protection Policy or any other questions related to the processing of your personal data, please contact the designated Data Protection Officer by any of the following means:
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- by mail: [email protected]
- by email: [email protected]
FINAL PROVISIONS
This Data Protection Policy enters into force on July 2021.
Paywiser has the right to unilaterally amend this Data Protection Policy by informing you by a notice published on the our websites, by e-mail or a message sent via the Paywiser App.
This Data Protection Policy is publicly available on the Paywiser’s websites.
This Data Protection Policy will be revised and updated taking into account the changes in legislation and/or Paywiser’s activities, but at least once every two (2) years. Once it is updated, we will inform you by posting a notice on our websites and/or by other means.lithuania-data-protection-policy
UAB “PAYRNET”
TERMS AND CONDITIONS FOR CONSUMERS
ELECTRONIC MONEY ACCOUNTS
BACKGROUND
This Agreement: This Agreement is with UAB “PAYRNET”, a company incorporated in the Republic of Lithuania (company number: 305264430) with its head office at AltSpace, Islandijos str. 6, LT-01117, Vilnius, the Republic of Lithuania and its registered office at Girulių str. 20, LT-12123 Vilnius, the Republic of Lithuania, (hereinafter referred to in this Agreement as “Payrnet”, “we” “us”). We are an Electronic Money Institution (“EMI”) and are authorised by the Bank of Lithuania under the Law on Electronic Money and Electronic Money Institutions (license reference 72, issued on 2020-08-28) for the issuing of electronic money and provision of the related payment services.
Our relationship with Paywiser, UAB, legal entity code 305672574, registered at Mėsinių st. 5, Vilnius, the Republic of Lithuania hereinafter referred to in this Agreement as “Paywiser”): As an EMI, we have appointed Paywiser as a distributor of certain of our services. A distributor means a person who distributes or redeems electronic money on behalf of an electronic money institution (as defined in the Law on Electronic Money and Electronic Money Institutions and the Law on Payment Institutions) but who does not provide payment services on behalf of the electronic money institution.
AGREED TERMS
- OUR TERMS
- Interpreting this Agreement. In order to easily understand the terms of this Agreement, please first refer to clause 3 which, amongst other things, sets out the meaning of capitalised terms used in this Agreement.
- Why you should read it? Please read this Agreement carefully before you agree to it, as its terms apply to the services provided by us. The Agreement explains many of your responsibilities to us and our responsibilities to you, how and when this Agreement can be terminated and the extent of our liability to you. If there are any terms that you do not understand or do not wish to agree to, please contact us. You should only complete the sign-on procedures and agree to the terms of this Agreement if you agree to be bound by this Agreement.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are UAB “PAYRNET”, an EMI as described above.
- Communications between us are to be in Lithuanian or English. This Agreement is prepared in the official language (Lithuanian) and in English, or, by agreement between you and us, in another language agreed. We shall communicate in the official language (Lithuanian) or in English, or by agreement, in another language agreed between you and us.
- How to contact us. All queries should be directed towards Paywiser. You can contact Paywiser using [email protected] or details set out on paywiser.com.
- How we may contact you. If we have to contact you, we will do so as follows: in the first instance via Paywiser except in urgent cases. If we have not been able to contact you through Paywiser or if the matter is urgent we will contact you by writing to you at the email address(es) you provided when agreeing to this Agreement or by using any other contact details you have provided to us or have used in communications with us or with Paywiser.
- ‘Writing’ includes emails. When we use the words “writing” or “written” in this Agreement, this includes emails.
- Some of the services we provide are subject to the Law on Payments of the Republic of Lithuania. The law regulates how payments must be transmitted and provides protection for the clients of authorised payment service providers.
- INTERPRETATION
- The definitions set out in this clause apply in this Agreement as follows:
“Agreement” means this agreement and the privacy policy, a copy of which is available on our Website.
“Consumer” means an individual who, in entering into this Agreement, is acting for a purpose other than a trade, business or profession.
“Business Day” means a day when the clearing banks in Vilnius are open for business, excluding Saturdays, Sundays and public holidays in Lithuania.
“Durable Medium” means an instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
“Electronic Money” means electronically stored monetary value as represented by a claim against us.
“Regulations” means the Law on Payments of the Republic of Lithuania No VIII-1370 of 28 October 1999 (as amended) and the Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania No XIII-1094 of 17 April 2018 (as amended).
“Safeguarded Account” means the bank account(s) belonging to us, which are separate to our own office bank accounts, into which we will receive money from you, or on your behalf, in return for the issuance of Electronic Money.
“Services” means the e-money account services.
“Website” means our website from time to time, currently https://www.railsbank.com/payrnet .
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- Sub-clause, clause and paragraph headings shall not affect the interpretation of this Agreement and references to sub-clauses, clauses and paragraphs are to the sub-clauses, clauses and paragraphs of this Agreement.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- Unless the context otherwise requires, words in the singular shall include the plural, and in the plural shall include the singular.
- A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
- TERM AND BECOMING A CLIENT
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- How can you agree to this Agreement? You can agree to this Agreement by checking the box online confirming that you agree to same, or by otherwise confirming your agreement to same or availing of the Services.
- When will you become a client of ours? You will be bound by this Agreement once you have agreed to it as set out above and this Agreement shall remain in force until terminated in accordance with its terms.
- SERVICES
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- As part of the Services, we shall issue you with Electronic Money upon receipt of money from you or a third party on your behalf, store your Electronic Money and redeem Electronic Money both on your express instruction and in accordance with this Agreement and the agreement of paywiser.
- Our Services do not include the provision of advice. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation, or markets.
- Provision of payment services. We shall provide you only with the Services as per clause 5.1 above. Paywiser shall, under a separate agreement between you and Paywiser, provide you with other agreed payment services. For the avoidance of doubt, that separate agreement between Paywiser and you for the provision of payment services constitutes the framework agreement between the payment service provider and payment service user, which shall include all the information required under the Regulations. This Agreement therefore does not describe the provision of payment services, for which you shall refer to your agreement with
- ISSUING ELECTRONIC MONEY TO YOU
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- Where we receive money from you or on your behalf, this money will be held by us in the relevant Safeguarded Account in exchange for the issuance by us to you of Electronic Money. Your funds will not be used by us for any other purpose and in the unlikely event that we become insolvent, your e-money is protected in an EEA-authorised credit institution or the Bank of Lithuania.
- When we issue you with Electronic Money, you holding the Electronic Money and us holding the funds corresponding to the Electronic Money is not the same as a bank holding your money in that (i) we cannot and will not use the funds to invest or lend to other persons or entities; (ii) the Electronic Money will not accrue interest; and (iii) the Electronic Money is not covered by the Deposit Insurance Scheme of the Republic of Lithuania or a comparable guarantee scheme in any other country.
- You may hold Electronic Money and we may hold funds corresponding to your Electronic Money indefinitely. However, if we hold Electronic Money for you for more than 12 (twelve) months, with no activity on the account during those 12 (twelve) months, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and send the corresponding funds, less any of our costs incurred, to the last known bank account we have on file for you.
- You can redeem the Electronic Money you hold with us and receive the corresponding funds into a bank account belonging to you by entering into a payment contract between Paywiser and you whereby Paywiser commits to executing one or more payments on your behalf pursuant to a request from you to Paywiser for Paywiser to execute one or more payments and using your own bank details as the recipient of money pursuant to such payments.
- When executing the payment under a request from you to Paywiser to the recipient, we will also automatically redeem your Electronic Money and send the corresponding amount of funds to the recipient of money pursuant to such payment according to the terms of the relevant payment contract between Paywiser and you.
- Redemption of your Electronic Money as such will always be free of charge.
- We accept no responsibility in the event that you send money to the incorrect account.
- We do not accept cash or cheques. We accept monies via a variety of methods of electronic funds transfer to our bank account, the details of which we shall provide to you upon request.
- GENERAL LIMITATION OF LIABILITY
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- Where we and another person (such as a payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.
- Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.
- We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us.
- Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.
- COMPLAINTS
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- If you feel that we have not met your expectations in the delivery of our Services, the first instance of contact is Paywiser by using the contact email address [email protected] for complaints set out in the separate agreement between you and If Paywiser does not deal with your complaint adequately, please contact us via email to [email protected].
- We have internal procedures for handling complaints fairly and promptly in accordance with the Bank of Lithuania requirements. A copy of our complaints’ procedure is available on our Website and may also be submitted to you directly upon request.
- We will respond to your complaint in writing or using another Durable Medium within 15 (fifteen) Business Days after the receipt of complaint. In exceptional cases, due to reasons which are beyond our control, we may send you a preliminary response by indicating reasons for delay and the term by which you will receive our final response. In any case the term for provision of final response will not exceed 35 (thirty-five) Business Days after the receipt of complaint. Handling of complaints is free of charge. The claims shall be submitted, handled and responded in Lithuanian or English, unless use of another language is agreed between you and us.
- Should you not be satisfied with our final response, or should we fail to respond to you within 15 Business Days from receiving the claim, you shall have a right to apply to the Bank of Lithuania in three different ways: (1) through the electronic dispute settlement facility E-Government Gateway, (2) by completing a consumer application form and sending it to the Supervision Service of the Bank of Lithuania at Žalgirio str. 90, LT-09303 Vilnius, email: [email protected], or (3) by filling out a free-form application and sending it to the Supervision Service of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, email: [email protected] Whichever way you choose to submit the claim, it must be in the official language of the country, i.e. Lithuanian. You may only apply to the Bank of Lithuania within 1 year after you received from us a response that is not satisfactory, or after the 15 Business Days for responding has passed and we did not respond. Addressing us first is a precondition for you applying to the Bank of Lithuania. The decision of the Bank of Lithuania is not mandatory for us or you and you, even after the dispute was solved by the Bank of Lithuania, shall have a right to apply to the court.
- In case you are generally not satisfied with us or our services, where there is no claim or disagreement between you and us, you may always approach the Bank of Lithuania by addressing a complaint to the Bank of Lithuania at Totorių str. 4, LT-01121 Vilnius, email: [email protected], or to the Supervision Service of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, email: [email protected].
- ESTABLISHING YOUR IDENTITY
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- To comply with the requirements of the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity in our records from time to time. If satisfactory evidence is not promptly provided to us, we cannot accept you as our customer.
- To assist us with meeting our obligations, we may carry out an electronic verification check via third party providers in order to verify your identity. If such searches are carried out, we may keep records of the contents and results of such searches in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check may leave a soft footprint on your credit history.
- We are also obliged to report any reasonable suspicions about instructions received, transactions and activities to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.
- TERMINATION
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- When we may terminate or suspend this Agreement.
- We can terminate this Agreement at any time:
- if you breach this Agreement; and/or
- if we suspect that you are using the Services for any illegal purposes.
- We may suspend or terminate your access to the Services where we have reasonable grounds for concern relating to: (i) the security of your account(s), whether or not you have informed us of a security breach; and/or (ii) the suspected unauthorised or fraudulent use of your account(s).
- If Paywiser notifies us that its agreement with you has terminated, we can terminate this Agreement with immediate effect.
- If you terminate your agreement with the Paywiser or that agreement is terminated, we can terminate this Agreement with immediate effect.
- If our agreement with the Paywiser terminates, we will give you not less than sixty (60) days written notice to terminate this Agreement.
- We may terminate this Agreement at any time and for any reason by giving you not less than sixty (60) days written notice.
- When you may terminate this Agreement. You can terminate this Agreement at any time and for any reason by cancelling your agreement with Paywiser. We may contact you to confirm your request.
- Effect of Termination. Upon the effective date of termination:
- you will no longer be able to avail yourself of the Services;
- we shall redeem any Electronic Money we hold for you and send the equivalent funds to a bank account in your name, unless agreed by both parties, less any monies which are due and owing to us. Redemption of your Electronic Money as such will always be free of charge.
- After termination, you may contact us using the contact details set out in clause 2.3 to redeem any Electronic Money you still hold with us.
- When we may terminate or suspend this Agreement.
- CONFIDENTIALITY
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- We undertake that we shall not at any time, disclose to any person any of your confidential information, except in the following circumstances:
- to our employees, officers, representatives or advisers who need to know such information for the purposes of exercising our rights or carrying out our obligations under or in connection with this Agreement. We shall ensure that our employees, officers, representatives or advisers to whom we disclose your confidential information comply with this clause; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- We undertake that we shall not at any time, disclose to any person any of your confidential information, except in the following circumstances:
- HOW WE MAY USE YOUR PERSONAL INFORMATION
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- How we may use your personal information. We will only use your personal information as set out in our privacy policy which is available on our Website.
- GENERAL
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- Even if we delay in enforcing under this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- What if something unexpected happens? We shall have no liability to you under this Agreement or any contract if we are prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default of sub-contractors, provided that you are notified of such an event and its expected duration.
- If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sub-clauses, clauses and paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sub-clauses, clauses and paragraphs will remain in full force and effect.
- We are not partners, and neither of us may act as the other’s agent. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- We can make amendments to this Agreement. We shall have the right to make such amendments to this Agreement, via Paywiser, as are necessary to comply with any laws and regulations that are applicable to the performance of our obligations under this Agreement where such laws and regulations are implemented and/or amended after the date of this Agreement. Such amendments may be made at any time upon as much notice as possible to you and shall take effect following such notice, if any. If you object to the proposed amendments, you have the right to terminate this Agreement without charge before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate this Agreement before the date proposed by us for the entry into force of the changes. If we receive no objection from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective.
- What happens if you are jointly a client of ours with another person? Where you comprise two or more people, each person will be jointly and severally liable to us in respect of all obligations contained in this Agreement.
- Can you obtain a copy of this Agreement or additional information? You may request and we shall provide a copy of this Agreement to you in Durable Medium at any time prior to termination of this Agreement.
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
- Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
- Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement and any disputes or claims arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of the Republic of Lithuania. You irrevocably agree that the courts of the Republic of Lithuania have exclusive jurisdiction to settle any dispute or claim or other matter that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
UAB “PAYRNET”
TERMS AND CONDITIONS FOR CORPORATES
ELECTRONIC MONEY ACCOUNTS
BACKGROUND
This Agreement: This Agreement is with UAB “PAYRNET”, a company incorporated in the Republic of Lithuania (company number: 305264430) with its head office at AltSpace, Islandijos str. 6, LT-01117, Vilnius, the Republic of Lithuania and its registered office at Girulių str. 20, LT-12123 Vilnius, the Republic of Lithuania, (hereinafter referred to in this Agreement as “Payrnet”, “we” “us”). We are an Electronic Money Institution (“EMI”) and are authorised by the Bank of Lithuania under the Law on Electronic Money and Electronic Money Institutions (license reference 72, issued on 2020-08-28) for the issuing of electronic money and provision of the related payment services.
Our relationship with Paywiser, UAB, legal entity code 305672574, registered at Mėsinių st. 5, Vilnius, the Republic of Lithuania hereinafter referred to in this Agreement as “Paywiser”): As an EMI, we have appointed Paywiser as a distributor of certain of our services. A distributor means a person who distributes or redeems electronic money on behalf of an electronic money institution (as defined in the Law on Electronic Money and Electronic Money Institutions and the Law on Payment Institutions) but who does not provide payment services on behalf of the electronic money institution.
AGREED TERMS
- OUR TERMS
- Interpreting this Agreement. In order to easily understand the terms of this Agreement, please first refer to clause 3 which, amongst other things, sets out the meaning of capitalised terms used in this Agreement.
- Why you should read it? Please read this Agreement carefully before you agree to it, as its terms apply to the services provided by us. The Agreement explains many of your responsibilities to us and our responsibilities to you, how and when this Agreement can be terminated and the extent of our liability to you. If there are any terms that you do not understand or do not wish to agree to, please contact us. You should only complete the sign-on procedures and agree to the terms of this Agreement if you agree to be bound by this Agreement.
- Are you a Micro-Enterprise or Charity or Consumer? For the avoidance of doubt, these terms and conditions are not intended for Micro Enterprises or Charities or Consumers (individuals acting for a purpose other than a trade, business or profession).
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are UAB “PAYRNET”, an EMI as described above.
- Communications between us are to be in English. This Agreement is concluded in English language and all communications between you and us shall be in English only. By accepting this Agreement, you confirm that you understand this language, do not have any objections for this language being used as a language of contractual relations between you and us and agree to be bound by this Agreement in the language that it is drafted in.
- How to contact us. All queries should be directed towards Paywiser. You can contact Paywiser using [email protected] or details set out on paywiser.com.
- How we may contact you. If we have to contact you, we will do so as follows: in the first instance via Paywiser except in urgent cases. If we have not been able to contact you through Paywiser or if the matter is urgent we will contact you by writing to you at the email address(es) you provided when agreeing to this Agreement or by using any other contact details you have provided to us or have used in communications with us or with Paywiser.
- ‘Writing’ includes emails. When we use the words “writing” or “written” in this Agreement, this includes emails.
- Some of the services we provide are subject to the Law on Payments of the Republic of Lithuania. The law regulates how payments must be transmitted and provides protection for the clients of authorised payment service providers. You are hereby notified of the exemption of Article 3(7) of the Law on Payments of the Republic of Lithuania allowing Payrnet, as the payment service provider, and you, as a payment service user which is not a consumer, to deviate from provisions of Section III (including Article 13, listing requirements for the framework agreement between the payment service provider and payment service user), Articles 4(1), 4(2), 4(3), 11(1), 11(2), 11(5), 29(3), 36 (to the extent the term for notifying about unauthorised or improperly executed payment transactions is concerned), 37, 39, 41, 44, 51, 52 of the Law on Payments of the Republic of Lithuania. You are hereby notified and by accepting this Agreement you confirm your understanding that either this Agreement or the agreement between Paywiser which is providing payment services to you on our behalf, and you might in certain cases deviate from the mentioned provisions of the law, including that the contents of both agreements may be narrower than required under Article 13 of the Law on Payments of the Republic of Lithuania, and agree to be bound by this Agreement and agreement between Paywiser and you as they are worded, including any such deviations.
- INTERPRETATION
- The definitions set out in this clause apply in this Agreement as follows:
“Agreement” means this agreement and the privacy policy, a copy of which is available on our Website.
“Business Day” means a day when the clearing banks in Vilnius are open for business, excluding Saturdays, Sundays and public holidays in Lithuania.
“Durable Medium” means an instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
“Electronic Money” means electronically stored monetary value as represented by a claim against us.
“Regulations” means the Law on Payments of the Republic of Lithuania No VIII-1370 of 28 October 1999 (as amended) and the Law on Electronic Money and Electronic Money Institutions of the Republic of Lithuania No XIII-1094 of 17 April 2018 (as amended).
“Safeguarded Account” means the bank account(s) belonging to us, which are separate to our own office bank accounts, into which we will receive money from you, or on your behalf, in return for the issuance of Electronic Money.
“Services” means the e-money account services.
“Website” means our website from time to time, currently https://www.railsbank.com/payrnet .
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- Sub-clause, clause and paragraph headings shall not affect the interpretation of this Agreement and references to sub-clauses, clauses and paragraphs are to the sub-clauses, clauses and paragraphs of this Agreement.
- Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- Unless the context otherwise requires, words in the singular shall include the plural, and in the plural shall include the singular.
- A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and reference to a statute or statutory provision shall include all subordinate legislation made from time to time.
- TERM AND BECOMING A CLIENT
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- How can you agree to this Agreement? You can agree to this Agreement by checking the box online confirming that you agree to same, or by otherwise confirming your agreement to same or availing of the Services.
- When will you become a client of ours? You will be bound by this Agreement once you have agreed to it as set out above and this Agreement shall remain in force until terminated in accordance with its terms.
- SERVICES
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- As part of the Services, we shall issue you with Electronic Money upon receipt of money from you or a third party on your behalf, store your Electronic Money and redeem Electronic Money both on your express instruction and in accordance with this Agreement and the agreement of Paywiser.
- Our Services do not include the provision of advice. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation, or markets.
- Provision of payment services. We shall provide you only with the Services as per sub-clause 5.1 above. Paywiser shall, under a separate agreement between you and Paywiser, provide you with other agreed payment services. For the avoidance of doubt, that separate agreement between Paywiser and you for the provision of payment services constitutes the framework agreement between the payment service provider and payment service user, which shall include all the information required under the Regulations. This Agreement therefore does not describe the provision of payment services, for which you shall refer to your agreement with Paywiser.
- ISSUING ELECTRONIC MONEY TO YOU
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- For the avoidance of doubt, this section is only applicable for unregulated entities and Small Payment Institutions (SPI).
- Where we receive money from you or on your behalf, this money will be held by us in the relevant Safeguarded Account in exchange for the issuance by us to you of Electronic Money. Your funds will not be used by us for any other purpose and in the unlikely event that we become insolvent, your e-money is protected in an EEA-authorised credit institution or the Bank of Lithuania.
- When we issue you with Electronic Money, you holding the Electronic Money and us holding the funds corresponding to the Electronic Money is not the same as a bank holding your money in that (i) we cannot and will not use the funds to invest or lend to other persons or entities; (ii) the Electronic Money will not accrue interest; and (iii) the Electronic Money is not covered by the Deposit Insurance Scheme of the Republic of Lithuania or a comparable guarantee scheme in any other country.
- You may hold Electronic Money and we may hold funds corresponding to your Electronic Money indefinitely. However, if we hold Electronic Money for you for more than 12 (twelve) months, with no activity on the account during those 12 (twelve) months, we shall use reasonable endeavours to contact you to redeem the Electronic Money and return the corresponding funds to you. If we are unable to contact you, we may redeem the Electronic Money and send the corresponding funds, less any of our costs incurred, to the last known bank account we have on file for you.
- You can redeem the Electronic Money you hold with us and receive the corresponding funds into a bank account belonging to you by entering into a payment contract between Paywiser and you whereby Paywiser commits to executing one or more payments on your behalf pursuant to a request from you to Paywiser for Paywiser to execute one or more payments and using your own bank details as the recipient of money pursuant to such payments.
- When executing the payment under a request from you to Paywiser to the recipient, we will also automatically redeem your Electronic Money and send the corresponding amount of funds to the recipient of money pursuant to such payment according to the terms of the relevant payment contract between Paywiser and you.
- Redemption of your Electronic Money as such will always be free of charge.
- We accept no responsibility in the event that you send money to the incorrect account.
- We do not accept cash or cheques. We accept monies via a variety of methods of electronic funds transfer to our bank account, the details of which we shall provide to you upon request.
- GENERAL LIMITATION OF LIABILITY
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- Where we and another person (such as a payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.
- Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to the aggregate of our contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.
- We shall not be liable for any bank charges that you may incur in sending funds to or receiving funds from us.
- Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.
- COMPLAINTS
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- If you feel that we have not met your expectations in the delivery of our Services, the first instance of contact is Paywiser by using the contact email address [email protected] for complaints set out in the separate agreement between you and If Paywiser does not deal with your complaint adequately, please contact us via email to [email protected].
- We have internal procedures for handling complaints fairly and promptly in accordance with the Bank of Lithuania requirements. A copy of our complaints’ procedure is available on our Website and may also be submitted to you directly upon request.
- We will respond to your complaint in writing or using another Durable Medium within 15 (fifteen) Business Days after the receipt of complaint. In exceptional cases, due to reasons which are beyond our control, we may send you a preliminary response by indicating reasons for delay and the term by which you will receive our final response. In any case the term for provision of final response will not exceed 35 (thirty-five) Business Days after the receipt of complaint. Handling of complaints is free of charge. Should you not be satisfied with our final response, or should we fail to respond to you, you always have a right to apply to the Bank of Lithuania as per clause 8.4 below or the competent court as per clause 8.5 below.
- You may address the Bank of Lithuania with a request to protect your rights and legitimate interests which you consider having been violated. Such complaints may be submitted in writing or by electronic means at the following addresses: (i) Totorių st. 4, LT-01121 Vilnius, [email protected], and/or (ii) Žalgirio st. 90, Vilnius, e-mail: [email protected]. Complaints must be submitted in Lithuanian or English languages.
- Any dispute arising out of or in connection with this Agreement, including without limitation any disputes regarding its valid conclusion, existence, nullity, breach, termination or invalidity shall be finally referred to and resolved by the courts of the Republic of Lithuania, except where prohibited by EU law. Before referring the dispute to court, you and us will endeavour to resolve the dispute by amicable negotiations.
- ESTABLISHING YOUR IDENTITY
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- To comply with the requirements of the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania and related regulations, it may be necessary to obtain from you, and retain, evidence of your personal identity (or directors or partners of your business and/or your ultimate beneficial owners) in our records from time to time. If satisfactory evidence is not promptly provided to us, we cannot accept you as our customer.
- To assist us with meeting our obligations, we may carry out an electronic verification check via third party providers in order to verify your or your shareholders’ or officers’ or partners’, identity. If such searches are carried out, we may keep records of the contents and results of such searches in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check may leave a soft footprint on the individual or entity’s credit history. You warrant that you have obtained the consent to such checks being carried out from each individual officer and shareholder owning 10% or more of you.
- We are also obliged to report any reasonable suspicions about instructions received, transactions and activities to the regulatory authorities. This may affect our relationship with you so far as confidentiality is concerned. If we are required under legislation (including the Law on the Prevention of Money Laundering and Terrorist Financing of the Republic of Lithuania) to refrain from communicating with you and/or proceeding with your instructions, we can accept no liability for the consequences of being prevented from doing so.
- TERMINATION
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- When we may terminate or suspend this Agreement.
- We can terminate this Agreement at any time:
- if you breach this Agreement; and/or
- if we suspect that you are using the Services for any illegal purposes.
- We may suspend or terminate your access to the Services where we have reasonable grounds for concern relating to: (i) the security of your account(s), whether or not you have informed us of a security breach; and/or (ii) the suspected unauthorised or fraudulent use of your account(s).
- If the Paywiser notifies us that its agreement with you has terminated, we can terminate this Agreement with immediate effect.
- If you terminate your agreement with the Paywiser or that agreement is terminated, we can terminate this Agreement with immediate effect.
- If our agreement with the Paywiser terminates, we will give you not less than sixty (60) days written notice to terminate this Agreement.
- We may terminate this Agreement at any time and for any reason by giving you not less than sixty (60) days written notice.
- When you may terminate this Agreement. You can terminate this Agreement at any time and for any reason by cancelling your agreement with the Paywiser. We may contact you to confirm your request.
- Effect of Termination. Upon the effective date of termination:
- you will no longer be able to avail yourself of the Services;
- we shall redeem any Electronic Money we hold for you and send the equivalent funds to a bank account in your name, unless agreed by both parties, less any monies which are due and owing to us, where relevant. Redemption of your Electronic Money as such will always be free of charge.
- After termination, you may contact us using the contact details set out in clause 2.3 to redeem any Electronic Money you still hold with us.
- When we may terminate or suspend this Agreement.
- CONFIDENTIALITY
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- Each party undertakes that it shall not at any time, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except in the following circumstances:
- to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause; and
- Each party undertakes that it shall not at any time, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except in the following circumstances:
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- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- HOW WE MAY USE YOUR PERSONAL INFORMATION AND DATA PROTECTION
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- How we may use your personal information. We will only use your personal information as set out in our privacy policy which is available on our Website.
- GENERAL
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- Even if we delay in enforcing under this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breach of this Agreement that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- What if something unexpected happens? We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or our default of sub-contractors, provided that you are notified of such an event and its expected duration.
- If a court finds part of this Agreement illegal, the rest will continue in force. Each of the sub-clauses, clauses and paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sub-clauses, clauses and paragraphs will remain in full force and effect.
- We are not partners, and neither of us may act as the other’s agent. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and us, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
- We can make amendments to this Agreement. We shall have the right to make such amendments to this Agreement, via Paywiser, as are necessary to comply with any laws and regulations that are applicable to the performance of our obligations under this Agreement where such laws and regulations are implemented and/or amended after the date of this Agreement. Such amendments may be made at any time upon as much notice as possible to you and shall take effect following such notice, if any. If you object to the proposed amendments, you have the right to terminate this Agreement without charge before the date proposed by us for the entry into force of the changes. You will be deemed to have accepted the proposed amendments unless you notify us and terminate this Agreement before the date proposed by us for the entry into force of the changes. If no objection is received from you, such amendments shall take effect from the date specified by us but may not affect any rights or obligations that have already arisen and will not be retrospective.
- What happens if you are jointly a client of ours with another person? Where you comprise two or more people, each person will be jointly and severally liable to us in respect of all obligations contained in this Agreement.
- Can you obtain a copy of this Agreement or additional information? You may request and we shall provide a copy of this Agreement at any time prior to termination of this Agreement.
- We may transfer this Agreement to someone else. We may transfer our rights and obligations under this Agreement to another organisation without your consent. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under this Agreement to another person if we agree to this in writing.
- Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.
- Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement and any disputes or claims arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the laws of the Republic of Lithuania. You irrevocably agree that the courts of the Republic of Lithuania have exclusive jurisdiction to settle any dispute or claim or other matter that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
General terms and conditions – Paywiser virtual bank accounts
(Version 1.0, Date: 01.05.2022)
1. Scope of application
-
- These General Terms and Conditions (“AGB”) are applicable for all the banking services of Paywiser Limited & Paywiser d.o.o (“Paywiser”, “we”), which you (“End user”, “You”) can use via the online interface provided by Paywiser that can be accessed under https://banking.paywiser.com (“Online Interface”).
- The supplementary terms of use, which you can view below are applicable for the use of the Online Interface (“End Customer interfaces”).
2. Object of service
-
- The object of service is the maintenance of a virtual bank account (“Account”). You can operate and manage the account via the end Customer interfaces. The prerequisite is an internet connection and a web browser which fulfils the respective minimum requirements for the operating system. Paywiser reserves the rights to upgrade the banking platform to enhance system functions, usability and remove any system bugs. The current account contract includes the following services in detail:
-
- Account Management
- Transfers
- Standing Orders/Debit Orders
- Mastercard or UPI International cards that are “linked” to the virtual bank account
-
- The account is used for the processing of payment transactions and the processing of card revenues from the linked (virtual) MasterCard or UPI International cards.
- The credit balance on the account is payable on a daily basis. The account is managed on a current account (“open account”) basis. The account is managed as credit account. Please note there are no overdraft facility on the accounts or cards provided by Paywiser.
- The transaction limit are defined by Paywiser and any changes to this limit will be agreed separately with you.
- You will not receive any interest on the account balance.
- The object of service is the maintenance of a virtual bank account (“Account”). You can operate and manage the account via the end Customer interfaces. The prerequisite is an internet connection and a web browser which fulfils the respective minimum requirements for the operating system. Paywiser reserves the rights to upgrade the banking platform to enhance system functions, usability and remove any system bugs. The current account contract includes the following services in detail:
3. Account opening
-
- You can open an account, if you are at least 18 years old, have an internet browser and access to the internet and you reside in one the countries supported by Paywiser. The opening of multiple accounts is not permitted. The opening of an account is only permissible for a natural person. If any identifiable business turnover is transacted via the private account, we have the right to terminate the account with an appropriate notice period.
- To open an account via online interface, please visit the website: https://banking.paywiser.com
- A registration process is required for services offered by Paywiser. The registration can be performed electronically.
- By submitting an electronic account opening application to Paywiser, you are submitting a binding offer to conclude for a contract for the provision of an account with the functions described under Clause 2 of these General Terms and Conditions.
4. Identity verification, conclusion of contract
-
- We are legally obliged to verify your identity prior to the opening of an account. Identification documentations for personal and business accounts must be provided to Paywiser. Personal identification checks may be carried out by our employees. Please check Paywiser’s Data Protection and Privacy Policy.
- A contract for the provision of an account with the functions described under Clause 2 of these General Terms and Conditions is concluded when we confirm that we have set up an account for you (“Contract”), either via SMS, e-mail or in any other mode of direct communication.
5. Language of contract and communication
-
- English is the language of the contract and communication.
- Information and declarations, which concern your contractual relationship with us on the basis of these General Terms and Conditions or which are related to the same, should be sent to the following address, unless specified otherwise in these General Terms and Conditions:
Email: [email protected]
Phone: +44 238 1680 299
Address: Paywiser Limited: 36-38 Westbourne Grove Newton Road, London, United Kingdom, W2 5SH Paywiser d.o.o: Bravničarjeva ulica 13, 1000 Ljubljana, Slovenia - Please always use your registered email address for submitting legally binding declarations with Paywiser.
6. Use of account We identify you as an account holder authorised for making payments with the help of payment authentication instruments.
-
- Linked smartphone as authentication instrument
The combination of a smart phone that is initially linked to your account and has a personalised security feature is used as an authentication instrument. You can only release the payment transactions with this combination. - Personalised security features
A unique combination of e-mail address and password, which you can set up yourself while opening an account and with which you can log on to the end user interfaces and One-time Password (OTP) that enables you to release payment transactions upon request (“Personalised security feature”) operates as personalised security feature. - Credit transfers and direct debits
Credit transfer orders and direct debits can be issued in Euro to SEPA accounts or in GBP to FAST accounts. The general terms and conditions for credit transfers and payments by direct debit under the SEPA and FAST core direct debit scheme apply.
- Linked smartphone as authentication instrument
7. Non-disclosure of personalised security features; secure storage of authentication instrument
You must maintain secrecy concerning your personalised security features and safely store your authentication instrument. Personalised security features and authentication instrument must be protected from access by a third party.
8. Costs and payment
Remunerations for our services and any expenses to be reimbursed by you are provided in our pricelist, which can be retrieved via the Paywiser website. Insofar as the remunerations become due, we calculate these on a monthly basis and debit them from your account at the end of every Month, insofar as not otherwise disclosed or stated in the price list.
-
- Account Fee
- The Customer pays fees as set out in the Prices and Services for the funds on the account (“Account fee”).
- The monthly account fees are automatically deducted from the account at the each of each month. Transaction related fees are deducted at the time of the transaction. Accounts will have a negative account balance if the funds in the account is less than the fees payable for each month
- The month is counted with 30 days, the year with 360
- Account Fee
9. Costs for mobile radio and data transfer
You may incur additional costs for the data transfer depending upon the tariff agreed with your telecommunication provider. These costs must be borne by you and will be invoiced to you by the telecommunication provider.
10. Disclosure and notification obligations
-
- You are obliged to correctly notify us regarding your personal data, in particular your name, address, date of birth, phone number and email address and provide prompt information to us about any changes to this end.
- Immediately inform us regarding a loss or theft of your authentication instrument, your personalised safety features or a misuse or unauthorised use of the same. You can find the relevant contact information in the Paywiser Support contact details on our website.
11. BLOCKING OF THE ACCOUNT AND THE CARD
-
- Blocking of the accountIf we have the reasonable suspicion that any unauthorised use of your account has occurred, we are permitted to block or limit its access. We will inform you promptly via e-mail, SMS. Similarly, we will also block your account if you inform us about similar activities. We shall remove the block or the limitation if the reasons for blocking no longer exist.
- Blocking of the cardYou have the option to independently block and unblock your card in the end user interfaces. You can report your card as stolen, which will initiate a permanent deactivation of your card and a new card will be provided to you. You also have the option of calling our Customer support and request one of our employees to block your card upon successful authentication.
12. Data protection and bank secrecy
The registration, processing and utilisation of your personal data is conducted under strict maintenance of the applicable data protection laws and simultaneous protection of bank secrecy. You will find further details regarding these regulations in the Paywiser data privacy policy.
13. Changes to this general terms and conditions (“AGB”)
Information concerning any changes to these General Terms and Conditions and the special conditions will be sent to you by e-mail prior to the proposed time of their date of effectiveness. The changes shall only become effective upon the Customer’s consent.
14. Applicable law
United Kingdom and Slovenia law is applicable for the business relation between you and Paywiser.
Supplementary provisions for users of the online interface that can be reached through https://banking.paywiser.com
-
- Preamble
These provisions (“Supplementary Provisions”) apply to the online interface that can be reached through Paywiser.com (the “Online Interface”) in addition to the respective applicable conditions of use.The Online Interface primarily serve to administer your Paywiser virtual account, which makes it possible to process transactions. In addition, we use the Online Interface to market our own services and products, and will continually build up this product range in cooperation with further partners. - .Object of regulation
- These Supplementary Provisions apply to the services and products offered by Paywiser. Furthermore, we would like to inform you about what personal data we collect, process and use.
- The contract between you and Paywiser comes into existence when we make it possible for you to log in to the Online Interface (acceptance) according to the required data you give when registering (offer). Upon activation by us, a contract between you and Paywiser comes into existence on the basis of these Supplementary Provisions. Before giving your offer, you have the opportunity, using the Back button on your browser or smartphone/tablet, as well as using control elements on the website, to change the data entered, or to completely abort the registration. Your contract with us will be concluded in Europe. You have the opportunity to call up the contractual provisions, inclusive of these Supplementary Provisions, whenconcluding the contract, and to store them in reproducible form. No separate storage of the contract text will be done by us.
- Functionality
- The Online Interface serve for administration of the current account offered by us as well as for the rendering of any other services agreed to with you. The Online Interface are 99% available. Availability indicates, with reference to the term of one (1) contractual year, the relation of the timeframe in which you were able to use the software through an existing Internet connection (plus the timeframe for which access on the basis of planned maintenance works or disturbances was not possible, which lay beyond the influence of Paywiser, such as disturbances in the Internet or disturbances in an app store), in relation to the length of the total contractual year.
- The Online Interface is protected by the intellectual property laws, such as copyright law and trademark law. These rights in relation to you are exclusively reserved to us.
- We grant you, exclusively to fulfil the purpose of our contractual relationship with you, the limited, non-exclusive, non-transferable and sub-licensable right, restricted to the period of your contractual relationship with us, to use the Online Interface in accordance with the provisions. The right of use expires upon expiration of the term of the contract.
- The User is not entitled to (i) rent, lease, lend, reproduce, resell or distribute the Online Interface, or access to them; (ii) use the Online Interface for the development of other services; (iii) activate or use the functionalities of the Online Interface for which no rights of use have been granted to him or her; (iv) assign the usage rights to the Online Interface to third parties, or grant third parties access to the Online Interface; (v) alter, translate, reproduce, or decompile the source code of the Online Interface, or investigate the functions thereof, outside of what may be legally mandatory in accordance with Copyright Law; and (vi) remove, conceal or alter legal information, in particular concerning industrial property rights or copyrights of Paywiser.
- Duties of the user
- Preamble
When using the Online Interface, you are not allowed to perform any illegal actions or breach any applicable laws, in particular not to do the following: infringe industrial property rights, copyrights or intellectual rights of third parties; in your usage behaviour, make defamatory, racist or offensive statements, or undertake such actions; transmit contents which contain viruses, Trojan horses, spyware, adware, malware or other damaging or harmful programmes; distribute unwanted advertising (spam) or any other form of nuisance.
-
- Compensation
Compensation for our products and services can be found on the price list, which can be retrieved via the Paywiser website. Provided nothing else is specified, no compensation will be due for the use of the Online Interface.
-
- Data protection
- Responsible authorityThe responsible authority for the processing of your personal data in connection with the App and the Online Interface and the usages described in Clause 1 above, as well as in connection with any further products and/or services is Paywiser (for contact data, see Clause 1 above).
- Data protection
-
-
- Collection, processing and use of your personal dataWe collect, process and use your personal data in harmony with the applicable statutory provisions. All of the personal data collected, processed, and used under our responsibility are stored exclusively for the purpose of fulfilling our contractual relationship with you, and not longer than is required for this purpose.
-
-
-
- Handling and review of your data; right to information; questions on data protectionAt any time, you can view your personal data in the Online Interface. You can also subsequently change your own password. In order to modify or change further personal data, please get in touch with our Customer Support department: [email protected]Further, you can at any time demand information about the personal data stored which relates to you personally, as well as its origin and recipients and the purpose for which it is being stored. You can reach us using the aforementioned contact data. Questions, suggestions and notes on data protection can also be directed to the contact data mentioned there.Otherwise, for the collection, use and processing of personal data, the Paywiser data privacy policy applies.
-
-
- Term of contract; Termination
- Your contractual relationship with us runs indefinitely. It ends automatically with the end of your contract for the current account offered by us and administered with the Online Interface, if nothing else has been agreed to with you. With the end of our contractual relationship with you, all of the rights of use granted to you in accordance with these Supplementary Provisions likewise end.
- Term of contract; Termination
-
- End User’s right of termination
The termination rights of the Customer. Basic Rules Governing the Relationship Between the Customer and the Bank are taken as agreed.
- End User’s right of termination
-
- Termination right of Paywiser
The termination rights of the Bank, Basic Rules Governing the Relationship Between the Customer and the Bank are deemed to have been agreed.
- Termination right of Paywiser
-
- Liability
- We shall be liable without restriction for damages arising from injury to life, limb or health, which rests on a breach of duty by us, a legal representative, or auxiliary of us, which are caused by the absence of guaranteedquality by us or malicious behaviour on the part of us, as well as for damages that were caused by premeditation or gross negligence on the part of us or of a legal representative or auxiliary of us.
- Liability
-
-
- In the event of a breach of significant contractual duties due to gross negligence, we shall be liable except in the cases listed in Clauses 8.1 and 8.3, with the amount to be limited to foreseeable damages typical under the contract. Significant contractual duties are abstractly those duties whose fulfilment makes it possible in the first place to implement a contract in orderly fashion, and upon whose observance the contractual parties may regularly rely.
-
-
-
- Liability under the product liability law remains unaffected.
- Otherwise liability on the part of Paywiser is excluded.
-
-
- Set-offYou can only set off our claims with undisputed or legally established counter-claims.
- Amendment of the supplementary provisions
- We will inform you about an amendment before the time at which the amendments become effective by email (“amendment offer”). The amendment offer shall only become effective upon the Customer’s consent.
- For an amendment of the price list referenced in Clause 5 of these Supplementary Provisions, Clause 12.1 of these Supplementary Provisions applies accordingly.
- MiscellaneousFor these Supplementary Provisions, United Kingdom and Slovenia law applies to the exclusion of international private law. In the course of business with consumers inside the European Union, the law at the place of residence of the consumer can also be applied, if mandatory applicable consumer-related provisions are concerned.
General terms and conditions – Paywiser virtual bank accounts
(Version 1.0, Date: 01.05.2022)
1. Scope of application
-
- These General Terms and Conditions (“AGB”) are applicable for all the banking services of Paywiser Limited & Paywiser d.o.o (“Paywiser”, “we”), which you (“End user”, “You”) can use via the online interface provided by Paywiser that can be accessed under https://banking.paywiser.com (“Online Interface”).
- The supplementary terms of use, which you can view below are applicable for the use of the Online Interface (“End Customer interfaces”).
2. Object of service
-
- The object of service is the maintenance of a virtual bank account (“Account”). You can operate and manage the account via the end Customer interfaces. The prerequisite is an internet connection and a web browser which fulfils the respective minimum requirements for the operating system. Paywiser reserves the rights to upgrade the banking platform to enhance system functions, usability and remove any system bugs. The current account contract includes the following services in detail:
-
-
- Account Management
- Transfers
- Standing Orders/Debit Orders
- Mastercard or UPI International cards that are “linked” to the virtual bank account
- The account is used for the processing of payment transactions and the processing of card revenues from the linked (virtual) MasterCard or UPI International cards.
- The credit balance on the account is payable on a daily basis. The account is managed on a current account (“open account”) basis. The account is managed as credit account. Please note there are no overdraft facility on the accounts or cards provided by Paywiser.
- The transaction limit are defined by Paywiser and any changes to this limit will be agreed separately with you.
- You will not receive any interest on the account balance.
-
3. Account opening
-
- You can open an account, if you are at least 18 years old, have an internet browser and access to the internet and you reside in one the countries supported by Paywiser. The opening of multiple accounts is not permitted. The opening of an account is only permissible for a natural person. If any identifiable business turnover is transacted via the private account, we have the right to terminate the account with an appropriate notice period.
- To open an account via online interface, please visit the website: https://banking.paywiser.com
- A registration process is required for services offered by Paywiser. The registration can be performed electronically.
- By submitting an electronic account opening application to Paywiser, you are submitting a binding offer to conclude for a contract for the provision of an account with the functions described under Clause 2 of these General Terms and Conditions.
4. Identity verification, conclusion of contract
-
- We are legally obliged to verify your identity prior to the opening of an account. Identification documentations for personal and business accounts must be provided to Paywiser. Personal identification checks may be carried out by our employees. Please check Paywiser’s Data Protection and Privacy Policy.
- A contract for the provision of an account with the functions described under Clause 2 of these General Terms and Conditions is concluded when we confirm that we have set up an account for you (“Contract”), either via SMS, e-mail or in any other mode of direct communication.
5. Language of contract and communication
-
- English is the language of the contract and communication.
- Information and declarations, which concern your contractual relationship with us on the basis of these General Terms and Conditions or which are related to the same, should be sent to the following address, unless specified otherwise in these General Terms and Conditions:
Email: [email protected]
Phone: +44 238 1680 299
Address: Paywiser Limited: 36-38 Westbourne Grove Newton Road, London, United Kingdom, W2 5SH Paywiser d.o.o: Bravničarjeva ulica 13, 1000 Ljubljana, Slovenia
-
- Please always use your registered email address for submitting legally binding declarations with Paywiser.
6. Use of account
We identify you as an account holder authorised for making payments with the help of payment authentication instruments.
-
- Linked smartphone as authentication instrument
The combination of a smart phone that is initially linked to your account and has a personalised security feature is used as an authentication instrument. You can only release the payment transactions with this combination. - Personalised security features
A unique combination of e-mail address and password, which you can set up yourself while opening an account and with which you can log on to the end user interfaces and One-time Password (OTP) that enables you to release payment transactions upon request (“Personalised security feature”) operates as personalised security feature. - Credit transfers and direct debits
Credit transfer orders and direct debits can be issued in Euro to SEPA accounts or in GBP to FAST accounts. The general terms and conditions for credit transfers and payments by direct debit under the SEPA and FAST core direct debit scheme apply.
- Linked smartphone as authentication instrument
7. Non-disclosure of personalised security features; secure storage of authentication instrument
You must maintain secrecy concerning your personalised security features and safely store your authentication instrument. Personalised security features and authentication instrument must be protected from access by a third party.
8. Costs and payment
Remunerations for our services and any expenses to be reimbursed by you are provided in our pricelist, which can be retrieved via the Paywiser website. Insofar as the remunerations become due, we calculate these on a monthly basis and debit them from your account at the end of every Month, insofar as not otherwise disclosed or stated in the price list.
8.1 Account Fee
-
- The Customer pays fees as set out in the Prices and Services for the funds on the account (“Account fee”).
- The monthly account fees are automatically deducted from the account at the each of each month. Transaction related fees are deducted at the time of the transaction. Accounts will have a negative account balance if the funds in the account is less than the fees payable for each month
- The month is counted with 30 days, the year with 360
9. Costs for mobile radio and data transfer
You may incur additional costs for the data transfer depending upon the tariff agreed with your telecommunication provider. These costs must be borne by you and will be invoiced to you by the telecommunication provider.
10. Disclosure and notification obligations
-
- You are obliged to correctly notify us regarding your personal data, in particular your name, address, date of birth, phone number and email address and provide prompt information to us about any changes to this end.
- Immediately inform us regarding a loss or theft of your authentication instrument, your personalised safety features or a misuse or unauthorised use of the same. You can find the relevant contact information in the Paywiser Support contact details on our website.
11. BLOCKING OF THE ACCOUNT AND THE CARD
-
- Blocking of the account
If we have the reasonable suspicion that any unauthorised use of your account has occurred, we are permitted to block or limit its access. We will inform you promptly via e-mail, SMS. Similarly, we will also block your account if you inform us about similar activities. We shall remove the block or the limitation if the reasons for blocking no longer exist. - Blocking of the card
You have the option to independently block and unblock your card in the end user interfaces. You can report your card as stolen, which will initiate a permanent deactivation of your card and a new card will be provided to you. You also have the option of calling our Customer support and request one of our employees to block your card upon successful authentication.
- Blocking of the account
12. Data protection and bank secrecy
The registration, processing and utilisation of your personal data is conducted under strict maintenance of the applicable data protection laws and simultaneous protection of bank secrecy. You will find further details regarding these regulations in the Paywiser data privacy policy.
13. Changes to this general terms and conditions (“AGB”)
Information concerning any changes to these General Terms and Conditions and the special conditions will be sent to you by e-mail prior to the proposed time of their date of effectiveness. The changes shall only become effective upon the Customer’s consent.
14. Applicable law
United Kingdom and Slovenia law is applicable for the business relation between you and Paywiser.
Supplementary provisions for users of the online interface that can be reached through https://banking.paywiser.com
1. Preamble
These provisions (“Supplementary Provisions”) apply to the online interface that can be reached through Paywiser.com (the “Online Interface”) in addition to the respective applicable conditions of use.
The Online Interface primarily serve to administer your Paywiser virtual account, which makes it possible to process transactions. In addition, we use the Online Interface to market our own services and products, and will continually build up this product range in cooperation with further partners.
2. Object of regulation
-
- These Supplementary Provisions apply to the services and products offered by Paywiser. Furthermore, we would like to inform you about what personal data we collect, process and use.
- The contract between you and Paywiser comes into existence when we make it possible for you to log in to the Online Interface (acceptance) according to the required data you give when registering (offer). Upon activation by us, a contract between you and Paywiser comes into existence on the basis of these Supplementary Provisions. Before giving your offer, you have the opportunity, using the Back button on your browser or smartphone/tablet, as well as using control elements on the website, to change the data entered, or to completely abort the registration. Your contract with us will be concluded in Europe. You have the opportunity to call up the contractual provisions, inclusive of these Supplementary Provisions, whenconcluding the contract, and to store them in reproducible form. No separate storage of the contract text will be done by us.
3. Functionality
-
- The Online Interface serve for administration of the current account offered by us as well as for the rendering of any other services agreed to with you. The Online Interface are 99% available. Availability indicates, with reference to the term of one (1) contractual year, the relation of the timeframe in which you were able to use the software through an existing Internet connection (plus the timeframe for which access on the basis of planned maintenance works or disturbances was not possible, which lay beyond the influence of Paywiser, such as disturbances in the Internet or disturbances in an app store), in relation to the length of the total contractual year.
- The Online Interface is protected by the intellectual property laws, such as copyright law and trademark law. These rights in relation to you are exclusively reserved to us.
- We grant you, exclusively to fulfil the purpose of our contractual relationship with you, the limited, non-exclusive, non-transferable and sub-licensable right, restricted to the period of your contractual relationship with us, to use the Online Interface in accordance with the provisions. The right of use expires upon expiration of the term of the contract.
- The User is not entitled to (i) rent, lease, lend, reproduce, resell or distribute the Online Interface, or access to them; (ii) use the Online Interface for the development of other services; (iii) activate or use the functionalities of the Online Interface for which no rights of use have been granted to him or her; (iv) assign the usage rights to the Online Interface to third parties, or grant third parties access to the Online Interface; (v) alter, translate, reproduce, or decompile the source code of the Online Interface, or investigate the functions thereof, outside of what may be legally mandatory in accordance with Copyright Law; and (vi) remove, conceal or alter legal information, in particular concerning industrial property rights or copyrights of Paywiser.
4. Duties of the user
When using the Online Interface, you are not allowed to perform any illegal actions or breach any applicable laws, in particular not to do the following: infringe industrial property rights, copyrights or intellectual rights of third parties; in your usage behaviour, make defamatory, racist or offensive statements, or undertake such actions; transmit contents which contain viruses, Trojan horses, spyware, adware, malware or other damaging or harmful programmes; distribute unwanted advertising (spam) or any other form of nuisance.
5. Compensation
Compensation for our products and services can be found on the price list, which can be retrieved via the Paywiser website. Provided nothing else is specified, no compensation will be due for the use of the Online Interface.
6. Data protection
-
- Responsible authority
The responsible authority for the processing of your personal data in connection with the App and the Online Interface and the usages described in Clause 1 above, as well as in connection with any further products and/or services is Paywiser (for contact data, see Clause 1 above). - Collection, processing and use of your personal data
We collect, process and use your personal data in harmony with the applicable statutory provisions. All of the personal data collected, processed, and used under our responsibility are stored exclusively for the purpose of fulfilling our contractual relationship with you, and not longer than is required for this purpose. - Handling and review of your data; right to information; questions on data protection
At any time, you can view your personal data in the Online Interface. You can also subsequently change your own password. In order to modify or change further personal data, please get in touch with our Customer Support department: [email protected]
- Responsible authority
Further, you can at any time demand information about the personal data stored which relates to you personally, as well as its origin and recipients and the purpose for which it is being stored. You can reach us using the aforementioned contact data. Questions, suggestions and notes on data protection can also be directed to the contact data mentioned there.
Otherwise, for the collection, use and processing of personal data, the Paywiser data privacy policy applies.
7. Term of contract; Termination
-
- Your contractual relationship with us runs indefinitely. It ends automatically with the end of your contract for the current account offered by us and administered with the Online Interface, if nothing else has been agreed to with you. With the end of our contractual relationship with you, all of the rights of use granted to you in accordance with these Supplementary Provisions likewise end.
- End User’s right of termination The termination rights of the Customer. Basic Rules Governing the Relationship Between the Customer and the Bank are taken as agreed.
- Termination right of Paywiser The termination rights of the Bank, Basic Rules Governing the Relationship Between the Customer and the Bank are deemed to have been agreed.
8 Liability
-
- We shall be liable without restriction for damages arising from injury to life, limb or health, which rests on a breach of duty by us, a legal representative, or auxiliary of us, which are caused by the absence of guaranteed quality by us or malicious behaviour on the part of us, as well as for damages that were caused by premeditation or gross negligence on the part of us or of a legal representative or auxiliary of us.
- In the event of a breach of significant contractual duties due to gross negligence, we shall be liable except in the cases listed in Clauses 8.1 and 8.3, with the amount to be limited to foreseeable damages typical under the contract. Significant contractual duties are abstractly those duties whose fulfilment makes it possible in the first place to implement a contract in orderly fashion, and upon whose observance the contractual parties may regularly rely.
- Liability under the product liability law remains unaffected.
- Otherwise liability on the part of Paywiser is excluded.
9. Set-off You can only set off our claims with undisputed or legally established counter-claims.
10. Amendment of the supplementary provisions
-
- We will inform you about an amendment before the time at which the amendments become effective by email (“amendment offer”). The amendment offer shall only become effective upon the Customer’s consent.
- For an amendment of the price list referenced in Clause 5 of these Supplementary Provisions, Clause 12.1 of these Supplementary Provisions applies accordingly.
12. Miscellaneous
For these Supplementary Provisions, United Kingdom and Slovenia law applies to the exclusion of international private law. In the course of business with consumers inside the European Union, the law at the place of residence of the consumer can also be applied, if mandatory applicable consumer-related provisions are concerned.