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

1. 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.
2. 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.
3. 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.

• • 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. 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.

5. 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.

6. ISSUING ELECTRONIC MONEY TO YOU

• • 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.

7. 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.

8. 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.

9. 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 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.

10. 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 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.

11. 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.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION 

• • 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).

13. 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 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

1. 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.

2. 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.
3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Anti-bribery and Corruption 

• • 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.

14. 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).

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

• • Google Play Services
  • Apple Privacy Policy

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:

• • 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

• • Google Play Services
  • Apple Media Services

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

1. 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.

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 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.

3. 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).

1. 1. 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:

1. 1. • • • 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.
   2. 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.
   3. 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.
   4. 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.
   5. 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.
   6. 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.
   7. 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).

3. Rights of Data Subjects

1. 1. 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.

1. 1. 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.

1. 1. 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.

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.

1. 1. 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.

1. 1. 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:

[email protected]

The data subject must be notified about all measures taken based on her or request within one month at the latest.

5. 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.

6. Responsibilities for Data Protection Compliance
7. 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.

1. 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.

7. 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.

8. 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

• • Google Play Services
  • Apple Media Services

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

• • Google Play Services
  • Apple Privacy Policy

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:

• • 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

1. 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.

2. 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.
3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Anti-bribery and Corruption

• 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.

14. 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:

• • 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:

• • 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:

• • 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:

• • 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:

• • 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:

• • 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:

• • 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.

• • 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.

• • 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:

• • 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:

• • 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:

• • 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:

• • 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:

• • 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

1. 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.
2. 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.
3. 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 .

• • 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.

4. TERM AND BECOMING A CLIENT

• • 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.

5. 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.
  • 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

6. ISSUING ELECTRONIC MONEY TO YOU

• • 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.

7. 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.
  • 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.

8. COMPLAINTS

• • 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].

9. ESTABLISHING YOUR IDENTITY

• • 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.

10. 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 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.

11. 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.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION 

• • 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.

13. GENERAL

• • 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

1. 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).
2. 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.
3. 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 .

• • 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.

4. TERM AND BECOMING A CLIENT

• • 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.

5. 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.
  • 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.

6. 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 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.

7. 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.
  • 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.

8. COMPLAINTS

• • 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.

9. ESTABLISHING YOUR IDENTITY

• • 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.

10. 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 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.

11. CONFIDENTIALITY

• • 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

• • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. 

12. 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 is available on our Website.

13. GENERAL

• • 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.

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.

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

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

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).

• • •  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.

• • 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.

• • 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.

• • • 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.

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.

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]

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.